file no: enter file no - wingecarribee shire · 2017-06-23 · civic centre, elizabeth st, moss...

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: Enter File No

9 December 2016

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 December 2016 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 December 2016 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.

Acknowledgement of Country - Clr L A C Whipper

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.

3.32pm Opening Prayer – Chaplain Steven Clancy, HarbisonCare, Southern Highlands

3.35pm Apologies (if any)

Adoption of Previous Minutes – Ordinary Meeting of Wednesday, 23 November 2016 and Extraordinary Meeting of Wednesday, 30 November 2016

Business Arising (if any)

Declarations of Interest (if any)

Mayoral Minute –

Item 8.1 Acknowledgement of Service - Former Councillors

Public Forum (if any)

Motion to move into Committee of the Whole – Clr G M Turland

Visitor Item –

Item 10.1 DA03/2011.04 Modification to Enable Operation of Woodbine Park Water Extraction Facility 24 Hours a Day, All Days - 955 Wombeyan Caves Road, High Range

Item 10.2 16/0491 Temporary Use of Land (Occasional Outdoor Concerts) - Centennial Winery 254 Centennial Road, Bowral

Council Reports

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

5.30pm Questions from the Public - to be read

Continuation of Council Reports

General Business Questions

Questions with Notice

Notices of Motion

7.40pm Closed Council

8.00pm Meeting Closed

Ann Prendergast General Manager

AGENDA FOR THE ORDINARY MEETING OF COUNCIL

Wednesday 14 December 2016

Page | i

Business

1. OPENING OF THE MEETING

2. ACKNOWLEDGMENT OF COUNTRY

3. PRAYER

4. APOLOGIES

Nil

5. ADOPTION OF MINUTES OF PREVIOUS MEETING

Ordinary Meeting of Council held on 23 November 2016

Extraordinary Meeting of Council held on 30 November 2016

6. BUSINESS ARISING FROM THE MINUTES

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

8. MAYORAL MINUTES

8.1 Acknowledgement of Service - Former Councillors ................................ 2

9. PUBLIC FORUM

COMMITTEE OF THE WHOLE

10. VISITOR MATTERS

OPERATIONS, FINANCE & RISK

Nil

CORPORATE, STRATEGY & DEVELOPMENT SERVICES

10.1 DA03/2011.04 Modification to Enable Operation of Woodbine Park Water Extraction Facility 24 Hours a Day, All Days - 955 Wombeyan Caves Road, High Range ...................................................................... 4

10.2 16/0491 Temporary Use of Land (Occasional Outdoor Concerts) - Centennial Winery 254 Centennial Road, Bowral ................................. 23

11. EN BLOC MOTION

12. OPERATIONS FINANCE & RISK

12.1 Tender - Telecommunications Site Manager ........................................ 45

12.2 Bulk Materials Tender .......................................................................... 50

12.3 Proposed Closure of Part Unmade Road, Part King Street, Mittagong Adjacent to 8 King Street, Mittagong .................................................... 55

12.4 Renewal of Existing Licence Agreements, Mt Gibraltar Telecommunications Tower, 232 Oxley Drive, Bowral ........................ 61

12.5 Mittagong Swimming Centre - Repair Options ..................................... 66

12.6 Funding Request by Illawarra Academy of Sport for MVWMAC



Page | ii

Memberships for Wingecarribee Scholarship Recipients ..................... 73

13. CORPORATE STRATEGY & DEVELOPMENT SERVICES

13.1 Development Applications Determined 24 October 2016 to 24 November 2016 ................................................................................... 77

13.2 Development Applications Received 24 October 2016 to 24 November 2016 ................................................................................... 89

13.3 Draft Garden World Voluntary Planning Agreement ............................. 98

13.4 Planning Proposal to Amend Certain Clauses and Maps in WLEP 2010 ..................................................................................................103

13.5 Request for Partial Refund of Development Application Fees - Robertson School of Arts ....................................................................120

13.6 Post Exhibition Youth Strategy and Action Plan ..................................124

Mayor to resume chair at 5.30 pm

COUNCIL MATTERS

14. GENERAL MANAGER

14.1 Acceptance of Tenders - Delegation to the General Manager .............130

14.2 Triple Zero (000) Cricket Challenge 2017 Request for Sponsorship....134

15. DELEGATE REPORTS

16. PETITIONS

16.1 Petition 09/2016 - Stop Water Tankers Running 24/7 on Wombeyan Caves Road through Welby, Mittagong and Braemar .........................137

16.2 Petition 10/2016 - Objection to LUA03/2011.04 ..................................139

17. CORRESPONDENCE FOR ATTENTION

Nil

18. COMMITTEE REPORTS

18.1 Minutes of the Traffic Committee held on Thursday 24 November 2016 ...................................................................................................140

18.2 Management and Advisory Committee Reports ..................................180

19. QUESTIONS WITH NOTICE

19.1 Question with Notice 23/2016 - Dangerous Intersection at Moss Vale Road and Holly Road, Burradoo .........................................................181

19.2 Question with Notice 24/2016 - 29 Gladstone Road, Bowral ...............182

19.3 Question with Notice 25/2016 - DA16/0198 - 20/07/2016 - Bowral Co-op ..................................................................................................183

20. NOTICES OF MOTION

20.1 Notice of Motion 37/2016 - Free Kerbside Clean Up Collection Service ...............................................................................................185

20.2 Notice of Motion 38/2016 - Council Support for Wollondilly Shire



Page | iii

Council's Opposition to Construction of a Gaol ...................................187

20.3 Notice of Motion 39/2016 - Listing of DAs in Alphabetical Order .........188

20.4 Notice of Motion 40/2016 - Request to Beautify Corner of Canyonleigh and Tugalong Roads ......................................................189

21. GENERAL BUSINESS

Nil

22. CLOSED COUNCIL

Moving into Closed Session ......................................................................... 190

22.1 Tender - Telecommunications Site Manager This report is referred to Closed Committee in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)(c) as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and 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 Bulk Materials Tender This report is referred to Closed Committee in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)(c) as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and 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



Page | 4

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



Page | 5

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.

Entrance

Door

Media Table

Public Public

Councillors

MayorClr Halstead

General ManagerAnn Prendergast

Minute TakerElizabeth Johnson



Page | 1

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

Page | 2

8 MAYORAL MINUTES

8.1 Acknowledgement of Service - Former Councillors

Reference: 101 Report Author: Mayor Authoriser: Mayor Link to Delivery Program: Provide opportunities to participate in futures thinking and

nurture ideas

PURPOSE The purpose of this Mayoral Minute is to officially acknowledge and record the service of former Councillors, Mrs Juliet Arkwright, Ms Holly Campbell, Mr Jim Clark and Mr John Uliana in their respective terms representing Wingecarribee Shire as elected Council members. On behalf of Council, I thank these former Councillors for their services and dedication to the community of Wingecarribee Shire. I would like to take this opportunity to present Mrs Juliet Arkwright and Mr Jim Clark with Local Government NSW Certificates of Service for their contributions to the Wingecarribee Shire exceeding eight (8) years.

RECOMMENDATION 1. THAT Council acknowledge the service of former Councillors Juliet Arkwright

and Jim Clark with the presentation of Local Government NSW Certificates of Service exceeding eight (8) years.

2. THAT Council acknowledge the services of former Councillors Holly Campbell

and John Uliana for their contribution during the 2012-2016 Council Term.

REPORT

Councillor Jim Clark (elected 2004 – 2016) – 12 years

Since 2004 Clr Clark has demonstrated a strong passion for environmental issues. He has continued to advocate for social justice and community input and consultation.

During this time he has been extensively involved in Council activities having served on the following Council Committees: Heritage Committee (Chair), Joadja Conservation Trust Committee (Chair), Community Services Advisory Committee (Chair), Environment and Sustainability Committee, General Manager’s Performance Review Committee, Resource Recovery Centre Advisory Committee, Legal Committee, Bicycle Strategy Working Group (Chair), Floodplain Risk Management Committee (Chair).

Clr Clark has a genuine interest in the community and this has been demonstrated during the past three terms on Wingecarribee Shire Council. It has been an absolute pleasure to work alongside of Clr Jim Clark for the last 12 years. He is a man of strong principles and



MAYORAL MINUTES

Page | 3

passionate beliefs. He has made a major contribution in his time on Council and will certainly be missed. I would like to personally thank him for his contribution to people and the environment.

Councillor Juliet Arkwright (elected 2008 – 2016) – 8 years

Clr Arkwright was elected Mayor in 2012 and served two years in the role. She is only the second ever female to be elected Mayor in the history of Wingecarribee Shire.

During her eight years on Council, Clr Arkwright has always supported the development and growth of Arts within the Shire. She has served on the Arts and Culture Committee (Chair), Public Art Advisory (Chair), Southern Highlands Arts Fund, Bowral Memorial Hall Redevelopment Working Group (Chair), Alexandra Square Working Group (Chair), Economic, Development & Tourism Working Group, Internal Audit Committee (Chair), General Manager Performance Review Panel, Community Coal Reference Panel, Southern Highlands Botanic Gardens Establishment Committee, Seniors Working Group (Chair).

Clr Juliet Arkwright has made an undeniable and valuable contribution to Council over her 8 year term. Her financial prowess led to a successful strategic pursuit and outcome in the wake of the Global Financial Crisis resulting from the systemic failure of Collateralised Debt Obligations (CDO). Her persistence and resilience was also obvious during her time as Mayor when she weathered the unjust storms of political play and maintained her dignity throughout. Her commitment to the Arts and Culture of the shire has also been a valuable asset for our community. I wish Clr Juliet Arkwright all the best in her new ventures.

ATTACHMENTS

There are no attachments to this report.



REPORT DEPUTY GENERAL MANAGER CORPORATE, STRATEGY & DEVELOPMENT SERVICES

Page | 4

COMMITTEE OF THE WHOLE

10 VISITOR MATTERS

CORPORATE STRATEGY & DEVELOPMENT SERVICES

10.1 DA03/2011.04 Modification to Enable Operation of Woodbine Park Water Extraction Facility 24 Hours a Day, All Days - 955 Wombeyan Caves Road, High Range

Reference: DA03/2011.04 Report Author: Acting Team Leader Town Planning Authoriser: Group Manager Planning, Development & Regulatory

Services Applicant: Lee Environmental Planning Owner: Woodbine Park (Operations) Pty Ltd Link to Delivery Program: Ensure future development respects the character of the

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

PURPOSE The purpose of this report is to determine a modification to DA03/2011 which seeks consent to modify the hours of operation of the facility to 24 hours a day, all days. Whilst no change to the number of trucks per day is proposed, the modification would result in truck movements and water extraction occurring within a 24 hour period, all days. The application is to be determined by Council as the original application was determined by Council and also in light of the level of public interest shown during the notification period. This report recommends approval (in part) of the proposed modifications subject to the conditions nominated in Attachment 1.

VOTING ON THE MOTION

Councillors are required to record their votes on this matter.

RECOMMENDATION THAT modification application DA03/2011.04 to permit 24 hour operation of Woodbine Park at Lot 85 DP751275 and Lot 2 DP531503, 955 Wombeyan Caves Road, High Range be approved (in part) subject to the conditions nominated in Attachment 1 to the report.

REPORT

BACKGROUND

In November 2003, DA03/2011 was submitted to Council seeking consent for bulk water extraction from Lot 85 DP751275 and Lot 2 DP531503, being 955 Wombeyan Caves Road,




Page | 5

High Range. The proposal involved the erection of a rural style metal shed and the pumping of water from an existing licenced bore. Consent was granted for the use in July 2005. In October 2005, the consent was varied to incorporate a minor description error relating to Condition 11, which is for integrated conditions for the (then) Department of Infrastructure Planning and Natural Resources. In February 2006, an application for amendment of the development consent was made seeking approval ‘to allow the existing shed on the land to be used in conjunction with the bulk water extraction to replace the approved storage shed/amenities for staff building”. Approval to the modification was subsequently granted on 9 March 2006.

In February 2012 a further request for modification of the development consent was made seeking approval to vary Condition 5 which was for hours of operation/truck movements to permit operations 24 hours per day 7 days per week with no variance to the set maximum truck movements thereby allowing for a spread of movements over the day to business operations and road safety aspects. This application was withdrawn. A new application was lodged in December 2015 seeking the same variation to the hours of operation in Condition 5.

Subject Site and Locality

The site is known as Woodbine Park, 955 Wombeyan Caves Road, High Range, being Lot 85 DP751275 and Lot 2 DP531503. The site is located on the western side of Wombeyan Caves Road, being 226ha in size and ‘L’ shaped in form. The land is partially cleared with improved pasture and has historically been used for grazing purposes. A dwelling house and sheds associated with the water extraction facility are known physical improvements on the site. The land and surrounding areas are underlain by a thick sequence of Hawkesbury sandstone at considerable depth that contains moderate to high yielding aquifers that produce groundwater of potable quality.

Figure 1: Site Location (Replicated at Attachment 2)




Page | 6

Figure 2: Aerial Image of Site

Proposed Development

A modification application (DA03/2011.04) pursuant to section 96(2) of the Environmental Planning and Assessment Act 1979 was lodged with Council on 3 December 2015 seeking consent to vary Condition 5 to permit hours of operation/truck movements to 24 hours per day 7 days per week with no variance to the set maximum truck movements, resulting in a spread of movements over the day.

The original approval (DA03/2011) granted consent for a water extraction facility, permitting 12 vehicular movements and water extraction to occur between 7am and 6pm Mondays to Fridays and this was reflected in Condition 5:

Hours of Operation / Truck Movements

The hours of operation are limited to between 7:00 am and 6:00 pm weekdays only, with no movements Saturday, Sunday or Public Holidays. To assist in monitoring this condition the applicant shall maintain a register of dispatches – date, time, vehicle and volume of water. This shall be made available to Council or Government Agencies upon request.

Truck Movements during these hours shall be restricted to a maximum of twelve (12) movements per day.

The application seeks to modify Condition 5 so that it reads as follows:


The hours of operation of the water extraction facility are 24 hours a day Monday to Sunday. The applicant shall maintain a register of dispatches with date, time, vehicle and volume of water. This register shall be made available to Council or Government Agencies upon request.




Page | 7

A maximum number of twelve (12) trucks shall service the site in any 24 hour period. Truck Movements during these hours shall be restricted to a maximum of twelve (12) movements per day.

It is noted that the modification requests truck movements on public holidays which can be between six and eight additional days.

The applicant advises that the purpose of the modification is to improve the operational efficiency of the business for the following reasons:

Provision of the product (water) needs to match the operational requirements of receiving industries. Flexibility in truck movement times at the water extraction facility would enable water delivery at a time that is consistent with the needs of the production processes of the recipients; and

Most recipients are within the greater metropolitan area of Sydney and therefore there is some distance to travel between the source and the destination; and

The proposed modification would not result in all truck movements being outside of the existing operating hours. It would however allow for the essential flexibility required to properly service customers. A copy of the Noise Impact Assessment and addendum provided in support of the application are provided at Attachments 3 and 4.

STATUTORY PROVISIONS

Environmental Planning and Assessment Act 1979

The application has been lodged as a section 96(2) modification and as such, consideration of this section of the Act is required:

“(2) Other modifications

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 development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted and before that consent as originally granted was modified (if at all), and

It is considered that the proposed modification complies with the Act as the development is substantially the same as that originally approved by reason of the operation of the site maintaining its use as a water extraction facility. The restrictions regarding total volume of water extraction per annum, instantaneous rates of extraction and total truck movements in any day period, all remain unchanged.

(b) it has consulted with the relevant Minister, public authority or approval body (within the meaning of Division 5) in respect of a condition imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body and that Minister, authority or body has not, within 21 days after being consulted, objected to the modification of that consent, and

The application originally involved the then Department of Infrastructure, Planning and Natural Resources. Condition 11 of the existing consent requires compliance with the General Terms of Approval and provision of the Water License. As the development is not proposing an increase in water extraction,




Page | 8

and hours of operation are within the Notice of Determination issued by Council, no referral to this government body is required.

(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 the period prescribed by the regulations or provided by the development control plan, as the case may be.”

The application has been neighbour notified and submissions have been considered in the assessment of this matter.

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. Previous determination of this development did not identify the potential or likelihood of possible site contamination and therefore no further assessment is required.

State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011

As an amendment purely to operational aspects of the original determination there is no impact on water quality and the need for NorBE assessment or referral of the matter to Water NSW is not required.

Local Environmental Plans

Wingecarribee Local Environmental Plan 1989

The original assessment and determination was undertaken in accordance with the provisions of the (then) Wingecarribee Local Environmental Plan 1989. Zoning at the time of original assessment and determination was 1(a) General Rural, and the water extraction facility was permissible with the consent of Council.

Consideration of this modification application will be undertaken under the provisions of the Wingecarribee Local Environmental Plan 2010. The site is currently zoned RU2 Rural Landscape and this type of development would be defined as ‘agricultural produce industry’ which is permissible with development consent.

Such a use is consistent with the stated objectives of the zone:

• 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.

Irrespective of permissibility with the current planning instrument, continuation of the use is ensured by an existing use right and is provided for by the provisions of section 107 of the Environmental Planning and Assessment Act 1979.




Page | 9

Development Control Plans

Rural Lands Development Control Plan

The Rural Lands DCP is applicable to the application however as the proposal relates to a modification of an operational aspect of the development, a detailed assessment against the DCP criteria is not warranted. Notwithstanding, particular sections of the DCP have been addressed where relevant.

Section and Objectives Control Comment

A6.8 Minimisation of External Impacts – Noise The controls in the following sub-clause seek to achieve the following objectives: a) To reduce the potential

for noise-generated land use conflict by appropriately locating and designing rural development in relation to neighbouring developments.

b) To require the provision of noise attenuation measures in the design, construction and operation phase of any rural development or practice.

c) To ensure that best practice guidelines are met in the implementation of noise-generating activity.

a) All applications for rural development shall indicate what machinery is required and clearly identify where such machinery will be located and what measures will be undertaken to ensure that constant noise does not exceed 5dB(A) above background noise levels when measured at the boundary with any adjoining property or public road.

No machinery associated with the extraction of water is proposed to alter as a consequence of this modification. The 24 hour operation of the water pumps would not result in an adverse noise impact. Condition 6 requires pumps to be fitted with an acoustic hood and this has been done. No noise complaints associated with the operation of the water pumps have been received since the commencement of the facility.

b) All potential noise sources are to be sited as far away as possible from common property boundaries and sensitive areas such as neighbouring dwellings.

No alteration to the location of noise sources associated with water extraction as a consequence of the proposed modification.

c) In the event that Council considers it likely that the proposed development could result in a noise nuisance being caused to neighbouring properties, an acoustic report, prepared by a qualified acoustic consultant, must be lodged with the application.

An Acoustic Report prepared by SLR Consulting dated 22 November 2016 was provided to support noise impacts associated with truck movements. Noise is addressed at Section 79C(1)(b) - Noise.

d) The acoustic report must include (but is not limited) to the following information:-

i. Sample Methodology

A Noise Impact Assessment and an addendum prepared by SLR Consulting dated 23 May 2016 and 22 November 2016 were




Page | 10


utilised including placement and location of sampling equipment, Details of Equipment used, times sampled

ii. Conclusions from the study including a set of raw data obtained from sampling, details of any consultations / discussions with interested parties.

iii. Full details of noise abatement measures recommended.

provided to support noise impacts associated with truck movements. The reports comply with the requirements of this clause and are provided at Attachments 3 and 4.

B6.2 Objectives for all Commercial Development In permitting commercial development in any rural setting, Council seeks 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 vicinity.

e) Designed to provide adequate car parking, located to be accessible to users of the development without detracting from the rural landscape in which the development is located.

In assessing an application for commercial development within the rural landscape, Council shall ensure that all requirements and reports identified in Part A of this Plan are addressed with particular reference to the above objectives.

The development complies with all relevant controls in Part A of the DCP and is consistent with the objectives of this section.




Page | 11


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 79C 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 relevant environmental planning instruments.

(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

The Rural Lands DCP has been addressed in this Report and satisfies the applicable 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.




Page | 12

(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,

Traffic

The existing consent has approval to undertake 12 vehicular (b-double) movements between 7.00am and 6.00pm Monday to Friday, resulting in a total of 60 movements per week. The proposed modification seeks consent to have 12 vehicular movements 24 hours, Monday to Sunday, which would result in a total of 84 vehicular movements per week. The Statement of Environmental Effects (SEE) submitted with the application advises the following regarding traffic:

“There are no traffic issues arising from the proposed modification. The total volume of truck movements associated with the development will not change from the capped rate of a maximum of twelve (12) trucks in anyone day.

The traffic study that supported the original Development Application (prepared by Unisearch, dated 12 May 2005 and available on Council’s file), properly analysed the road and traffic conditions and concluded that the development would not impact significantly on road safety, road amenity or level of service. Over the 10 years of operation since approval was granted, this has in fact been borne out, with no demonstrable impacts as a result of the operation of the business.

The recommendations of the traffic study for site access upgrades and road warning signs, were both incorporated as conditions of consent, being Condition 14 Rural Crossing and Condition 15 Road Safety. The driveway crossing works are in place, as are the road safety signs.

With no proposed change to the number of truck movements nor to the route of travel for those vehicles, there is no requirement for any change to the existing conditions of consent as they relate to traffic. It should be noted that Wombeyan Caves Road is a classified Main Road and is 8-double rated under the Roads Act 1993, up to and including the Woodbine Park site. This position was endorsed by the Council’s Traffic Committee in April 2007.

It should also be noted that the existing condition 5 caps truck movements at a maximum twelve (12) trucks in anyone day. This is not a volume of traffic that has been reached since the beginning of operations. Even if it was to be reached, it represents a very small proportion of the daily traffic volumes on Wombeyan Caves Road. It would also represent only a very small increase in the average heavy goods vehicle component of the total traffic volume on Wombeyan Caves Road. Compared to the Rocla Quarry, just east of the site, the volume of heavy vehicle movements generated by the site, is negligible.”

The application was referred to the NSW Roads and Maritime Service for comment, however they have advised that it is more appropriate for councils to determine if proposed access arrangements are acceptable from a network perspective (i.e. acceptable in terms of safety and efficiency). The application was referred to Council’s Traffic Engineer who advised the following:

The extra heavy vehicle movements are a concern and it would be helpful to know the content and the number of objections.

Wombeyan Caves Road is one of the most frequently used routes for cyclists and cycle races in the Shire, so weekday use after 6pm and weekend use by




Page | 13

trucks is a potential conflict. The Southern Highlands Cycle Club conducts cycle races weekly on Tuesdays from 6pm -7.30pm (November – March) and on Saturdays from 2pm – 4.30pm (April – October) and Wombeyan Caves Road is used for 20 of these races each year. Annually, Wombeyan Caves Road is used for the NSW Cycling Championships on a Sunday morning in April and the Bowral Cycle Classic on a Sunday morning in October.

The matter was referred to Council’s Group Manager Infrastructure Services who advised:

“The pavement of Wombeyan Caves Road between the Old Hume Highway and the development site is in poor condition showing many signs of pavement and subgrade distress in the form of localised failures, depressions, shoving, edge breaks and potholes. Some repairs have been undertaken but more failures have developed and need repair. As a result, the section of Wombeyan Caves Road between Soapy Flats Road and Greenhills Road in particular, has for several months now had a 40km/h speed restriction installed. This development proposal will increase heavy vehicle generation from that site by 40% and this is expected to impact further on the pavement condition.”

In light of the above comments, there would be a significant cumulative impact associated with approving not only an additional 24 vehicular movements in a week but also in terms of permitting 24 hour truck movements, seven days a week. The proposed modification, if approved in its current form, would result in an adverse traffic and road safety outcome. Notwithstanding, a reasonable outcome would be to permit 24 hour operation Monday to Friday with no operation (including vehicular movements) on Saturdays and Sundays. This option would result in a nil increase in vehicular movements (i.e. no cumulative impact on the road quality) but still provide flexibility for the user. It would also alleviate road user safety and tourist concerns on weekends (see Consultation section of this report). Condition 5 would require amendment as follows:


The hours of operation are 24 hours a day Monday to Friday only, with no operation (including vehicular movements) on Saturday and Sunday. The applicant shall maintain a register of dispatches – date, time, vehicle and volume of water. This register shall be made available to Council or Government Agencies upon request.

Truck movements per day (midnight to midnight) shall be restricted to a maximum of 12 movements per day.

The number of deliveries by truck in any single night period (i.e. 10.00 pm to 7.00 am) shall not exceed four.

During night time (i.e. 10.00 pm to 7.00 am), the number of deliveries by truck within any one hour period shall be restricted to two truck movements (i.e. one delivery).

Noise

Noise impacts associated with the proposed development derive from vehicular movements and the water extraction process. The SEE advises the following regarding noise:




Page | 14

“The most likely issue of concern is the potential for noise impacts upon surrounding properties.

There are two elements to this:

noise from the extraction operation on site; and

noise from truck movements once those trucks are upon the public road system

In relation to the noise from the actual water extraction process, Condition 6 of the original consent required the pump to be fitted with an acoustic hood. The pumping equipment is fully enclosed within an insulated container. Over the 12 years of operation, there is no record of noise complaints as a result of the water pumping process. A review of Council’s files confirms this.

This is primarily because the pumping process is simply not a loud process. In addition, the site benefits from the relative lack of adjoining residences. As can be seen from Figure 3, the site adjoins considerable areas of undeveloped land. The two nearest residential dwellings are approximately 800 metres to the south and 1200 metres to the north of the pumping equipment. The combination of these distances and the housing of machinery within a fully enclosed container, mitigates any potential noise concerns, even at night.

Noise from truck movements is far more difficult to assess, mainly because there is no way that Council can distinguish between noise from vehicles associated with this site and noise from vehicles associated with other sites. As already noted, there is a water extraction facility 2 kilometres to the west along Wombeyan Caves Road that does not have a restriction upon its hours of operation in the way LUA03/2011 does.

It is acknowledged that in previous iterations of this matter (a s96 modification application was previously lodged in 2012 but finally deferred in December 2013), the community have raised some concern in relation to noise impacts if truck movements were to occur during the night. This is understandable, although those concerns have not and at this point in time, cannot be substantiated and certainly not attributed solely to Woodbine Park.

It may be that an initial trial period could be introduced, during which time an acoustic assessment could be carried out under actual operational conditions. This would provide the most realistic and accurate results. In fact, during the previous s96 process, Council suggested the possibility of a trial period (refer to letter dated 19 June 2012 within file LUA03/2011).




Page | 15

Figure 3: Showing location of pumping station (blue star)

and nearest residential dwellings (yellow stars)

In terms of the process for such a trial, the provisions of the Environmental Planning and Assessment Act 1979, specifically allow for the imposition of conditions that are reviewable and talk specifically about extension of hours.

These provisions would enable Council to grant approval to the proposed modification with the inclusion of a reviewable condition that required acoustic assessment of the operations over a defined period (say 12 months) and to prescribed outcomes (no offensive noise). If such acoustic testing was providing a clear indication of offensive noise as a result of the extended hours of operation of the facility, then the provisions of Section 80A (lOB), would allow Council to enforce a return to the original conditions (or some agreed variation thereof).

The application was submitted without an Acoustic Report. The applicant was advised that whilst the SEE notes impacts arising from the modification are negligible to none, noise from vehicular movements is an impact which needs addressing in more detail. Consequently the application was deferred on 23 December 2016, pending the provision of an Acoustic Report.




Page | 16

On 30 March 2016, a Noise Impact Assessment prepared by SLR Consulting, was submitted for consideration. Council’s Environmental Health Officer reviewed the report and found that it was inadequate, stating that ‘it should incorporate a proper assessment of sleep disturbance to the inhabitants of the residence most affected by the increased night-time road traffic noise.’

On 26 May 2016, an amended Noise Impact Assessment prepared by SLR Consulting was provided for reconsideration (Attachment 3). Council’s EHO considered the report to have the necessary information and as such, the application commenced notification on 30 May 2016, now having the right information for consideration by the community.

As a consequence of Council elections and Caretaker Mode during August/September 2016, the application was not able to be considered until October 2016. On 12 October 2016, Councillors undertook a site inspection of the area. At this inspection, Councillors requested dynamic noise assessment at one or several sensitive receptors during the night time hours between 6.00pm and 7.00am on weekdays and weekends, to provide a background level and a potential maximum based on likely movements.

An addendum to the May 2016 Noise Impact Assessment prepared by SLR Consulting was submitted on 21 November 2016. This can be found at Attachment 4.

Council’s EHO reviewed the report and provides the following comments:

I’ve reviewed the High Range Water Extraction Facility NIA Additional Noise Monitoring prepared by SLR Consulting Australia Pty Ltd and dated 22 November 2016 (Report No. 630.11581 LR001 20161122).

The Report presents the results of the road traffic noise monitoring carried out during 3-10 November 2016 at two residential receivers in close proximity to Wombeyan Caves Road. During this period continuous noise measurements were taken by unattended noise loggers. In addition, noise monitoring staff took measurements of the noise from a number of project related trucks movements. Those data were analysed and used to assess the Proposed Project Related Traffic Noise Level as well as the Potential for Sleep Disturbance. The Report concludes that:

Based on the existing traffic noise levels measured at each location, and the Project related predicted noise levels, there won’t be any noticeable relative increase in both night and day time noise level associated with the proposed development (i.e. the predicted increase is extremely low at 0.1-0.2 dB(A)). It is stated that the development “meets the road traffic noise criteria detailed in the NSW EPA RNP at the nearest roadside residential receivers”; and

The additional project related truck movements during the night time period are unlikely to cause awakening reactions.

Proposed Noise Conditions of Consent

I took into account the following:

With reference to email correspondence with the Applicant’s Consultant on 21/11/16, “the applicant is willing to accept a condition of consent imposing a maximum number of deliveries at night to 4 (out of the total 12 allowable in any 24 hour period)”; and




Page | 17

The above-mentioned Report recommends that “the night-time operations be restricted to no more than two (2) movements per hour (one delivery) to minimise the peak of truck movements occurring within a small window”.

I therefore recommend the following conditions of consent in relation to noise:

The development is to comply with relevant noise control provisions contained within the Protection of the Environment Operations Act 1997 and Noise Control Regulations and Policies to ensure local amenity is not adversely affected by noise impacts associated with the development (Condition 17);

A maximum total of twelve (12) deliveries by truck are allowed in any 24 hour period (Condition 5);

The number of deliveries by truck in any single night period (i.e. 10.00 pm to 7.00 am) is not to exceed four (4) (Condition 5);

During night time (i.e. 10.00 pm to 7.00 am) the number of deliveries by truck within any one (1) hour period is to be restricted to two (2) truck movements (one delivery) (Condition 5).

Imposing the conditions recommended above would result in an acceptable level of noise impact to residents along Wombeyan Caves Road.

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

The proposed modification does not affect the suitability of the site for the purposes of a water extraction facility.

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

Refer to the Consultation section of this report.

(e) the public interest.

Staff are not aware of any policy statements from either Federal or State Government that are relevant to this proposal, nor any planning studies or strategies. There is no management plan, planning guideline or advisory document that is applicable to a development of this nature. Also, there are no covenants, easements, or agreements that affect the proposal.

Notwithstanding, Wombeyan Caves Road is utilised by a variety of users and the introduction of an additional 24 vehicular movements at times more likely to be used by recreational users of the road is not in the public interest. Permitting additional vehicles would result in an adverse safety aspect to existing vehicles and cyclists. From a traffic safety perspective, the proposal would contravene the public interest.

CONSULTATION

Pre-lodgment Meeting

No pre lodgment meeting was held with the developer.

Community Engagement

After seeking additional information from the applicant in regard to a more appropriate Noise Impact Assessment, the application was notified between 30 May 2016 and 30 June 2016.




Page | 18

A total of 197 neighbour notifications were sent out resulting in some 40 plus submissions being made.

A link to a www.change.org petition was provided which, at the time of preparing this report, had 109 signatures objecting to the modification. A petition with five signatures was also submitted.

The issues raised in the submissions have been considered and are addressed below:

Traffic, Road Conditions and Safety

Issues raised in the submissions regarding traffic generally related to the cumulative impact from other heavy haulage uses on the road and strong objection to the increase in heavy vehicle traffic, noting there to be already too much traffic on the road. Submissions raised concern with the quality of the road, stating it is not designed for such use being narrow and winding in several locations, rendering it not safe and noting that the road is overused and poorly maintained.

The need for more speed advisory signs was a recurring theme, as well as the degraded damaged and dangerous road surface. The existing 80km/hr was considered too fast for the road geometry. Submissions consistently raised concerns for cyclists and local wildlife as a consequence of more vehicular movements, especially late at night and during the early hours of the morning.

Some submissions were of the understanding that there are no mechanisms in place to monitor the number of movements or the size of trucks involved, calculating that 12 return movements results in 24 overall movements per day.

Submissions advised there was excessive speed from quarry trucks also.

Comment – The issues raised in the submissions regarding traffic and road safety concurred with those of Council’s Group Manager Infrastructure Services. Please refer to consideration of the impacts of the development at Section 79C (1)(b) – Traffic. In terms of concerns regarding there being 24 instead of 12 movements, the approval is for 12 movements i.e. if six trucks go out six can come back in, four out eight in etc.

Noise

Issues raised regarding noise noted that trees have been removed or trimmed for electrical reasons resulting in less of a screen/buffer from noise which affects the enjoyment of the rural setting. Disruption of sleep patterns as a consequence of trucks along Wombeyan Caves Road were a consistent theme stating that sleep patterns are already disturbed from Jester Park water trucks and sand quarry trucks. Residents seek downtime from the noise and overnight and weekend truck movements represent an additional source of noise in unsociable hours of the day (night).

Comment - The issues raised in the submissions regarding noise have been discussed previously. Please refer to consideration of the impacts of the development at Section 79C (1)(b) – Noise.

Water

Issues raised regarding water stated that water extraction would have an effect on water supply and that the use adds no value to the community. Submissions stated that Woodbine Park employs no one from the community.

Some submissions were of the understanding that the water extraction license was for 30 mega litres (ML) and were alarmed when they saw it approved at 91ML.




Page | 19

Comment – The rate or quantity at which water is extracted is not altering and is therefore not a consideration for this modification assessment.

In terms of a change to an increase in water extraction, this was considered as part of modification application DA03/2011.01 where an increase from 30ML to 91ML was sought. Consultation with the then Department of Infrastructure, Planning and Natural Resources (DIPNR) concluded that additional extraction from the bore may be sustainable and based on the number of weekly tanker movements (being 60 at the time of approval) a total of 91ML was approved by DIPNR.

Real estate values

The potential loss of property values for surrounding owners is not a consideration under section 79C of the Environmental Planning and Assessment Act 1979.

Threat to local businesses

A common theme throughout the submissions was the threat the additional vehicular movements would have on the wineries, horse studs and tourist and recreational uses that have established themselves along Wombeyan Caves Road/Old Hume Highway. Concern was raised that return customers would be unlikely to return if they have to contend with dangerous road conditions.

Comment – The issues raised in the submissions regarding road safety are concurred with Council’s Traffic and Transport Engineer. Please refer to consideration of the impacts of the development at Section 79C (1)(b) – Traffic. Further, the cumulative impact associated with permitting additional vehicular movements along Wombeyan Caves Road has the potential to impact on the tourist experience.

External Referrals

Referrals Advice/Response/Conditions

NSW Roads and Maritime Service

The application was referred to NSW RMS as Wombeyan Caves Road is a classified road. Their response is provided below:

Wombeyan Caves Road (at this location) is a regional classified road, managed by Wingecarribee Shire Council.

RMS has recently reviewed its level of involvement on classified regional roads and considers that it is more appropriate for councils to determine if proposed access arrangements are acceptable from a network perspective (i.e. acceptable in terms of safety and efficiency).

Given the above, RMS entrusts Council to assess the traffic implications of this development application.

Internal Referrals


Traffic and Transport The application was referred to Council’s Traffic Engineer for comment, who sought comments also from Council’s Coordinator Infrastructure Maintenance - Senior Maintenance Engineer and the Asset Engineer - Roads to provide a robust understanding of the existing traffic, road quality and safety situation on




Page | 20


Wombeyan Caves Road. Please refer to consideration of the impacts of the development at Section 79C (1)(b) – Traffic for their comments.

Essentially, there would be a significant cumulative impact associated with approving not only an additional 24 vehicular movements in a week but also in terms of permitting 24 hour truck movements along this portion of Wombeyan Caves Road. The proposed modification, if approved, would result in an adverse traffic and road safety outcome for the locality.

SUSTAINABILITY ASSESSMENT

Environment

No adverse impact to the environment is envisaged particularly with no vegetation requiring removal to facilitate the development.

Social

Issues associated with traffic movements over a 24 hour 7 day per week period does have the potential to impact on the social amenity of the locality, in a general sense.

Broader Economic Implications

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

Culture

There are no cultural issues in relation to this report.

Governance

The development application has been considered in accordance with Wingecarribee Local Environmental Plan 2010, section 79C of the Environmental Planning and Assessment Act 1979 and any other matters relevant to the development.

RELATIONSHIP TO CORPORATE PLANS

The Operational Plan 2015 – 2016: OP:117 Provide development, building assessment and certifications services.

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;




Page | 21

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 and the Rural Lands Development Control Plan. No other Council policies apply to the subject development.

OPTIONS

The options available to Council are:

Option 1

Approve the modification of Condition 5 to permit the extended hours of operation as submitted.

Option 2

Refuse the development application, in accordance with the reasons nominated in Attachment 5.

Option 3

Approve the modification of Condition 5 to permit 24 hour operation Monday to Friday only, with no vehicular movements permitted on Saturday and Sunday, in accordance with the conditions nominated in Attachment 1.

Option 3 is the recommended option to this report.

CONCLUSION

DA03/2011.04 seeks to modify Condition 5 to permit a 24 hour operation for water extraction and vehicular movements at Woodbine Park, 955 Wombeyan Caves Road, High Range.

Approval of the proposed modification as submitted would result in an unacceptable traffic and road safety outcome for the locality. Cumulatively, there are already existing traffic safety concerns pertaining to Wombeyan Caves Road and permitting exacerbation of those issues would be unreasonable and inappropriate for the locality.

Notwithstanding, as discussed earlier a reasonable outcome would be to permit 24 hour operation Monday to Friday with no operation (including vehicular movements) on Saturdays and Sundays. This option would result in no perceived cumulative impact, provide flexibility for the facility and alleviate road user safety and tourist/business concerns on weekends.




Page | 22

It is considered this report adequately addresses the merits of the modification in terms of legislative compliance and its potential impact on the locality. The application has been assessed in accordance with the matters for consideration under section 79C and 96(2) of the Environmental Planning & Assessment Act 1979, and all relevant environmental planning instruments and Council policies.

On balance, it is recommended the application be determined by way of approval in accordance with Option 3, subject to the reasons nominated in Attachment 1.

ATTACHMENTS

1. Draft Notice of Determination for APPROVAL - circulated under separate cover

2. Site Location - circulated under separate cover

3. Noise Impact Assessment - circulated under separate cover

4. Addendum to Noise Impact Assessment - circulated under separate cover

5. Draft Notice of Determination for REFUSAL - circulated under separate cover




Page | 23

10.2 16/0491 Temporary Use of Land (Occasional Outdoor Concerts) - Centennial Winery 254 Centennial Road, Bowral

Reference: 16/0491 Report Author: Town Planner Authoriser: Acting Team Leader Town Planning Applicant: Windbelt Pty. Limited Owner: Windbelt Pty. Limited Link to Delivery Program: Ensure future development respects the character of the

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

PURPOSE This report considers a development application for the temporary use of the Centennial Vineyards site for outdoor concerts. The application is for proposed temporary events in the E3 Environmental Management zone and shall be determined at a Council meeting in accordance with Council resolution. Consequently, this report is prepared for determination and recommends approval subject to the conditions in Attachment 1.

VOTING ON THE MOTION

Councillors are required to record their votes on this matter.

RECOMMENDATION THAT Development Application 16/0491 for proposed occasional outdoor concerts (temporary events) at Lot 1 DP435373, Lot 5A DP16192 & Lot 1 DP126196, being 254 Centennial Road, Bowral be APPROVED subject to conditions as described in Attachment 1 to the report.

REPORT

BACKGROUND

Council issued development consent in 2008 (DA08/1186) for “A Day on the Green” outdoor concerts to be held 4 times per year over 5 years. The applicant was Roundhouse Entertainment, the promoter of the concerts. The 2008 consent has since lapsed and the landowner is now seeking approval to operate concerts from the site.

On 10 September 2015, DA15/0180 was approved by Council for the temporary use of the Centennial Vineyards site for outdoor concerts. The approval was appealed in the NSW Land and Environment Court by an adjoining property owner. Lack of submission of a noise impact assessment report with the DA, and therefore lack of noise issues as a consideration, meant that the appeal applicants had a strong case. Part of the court process involved discussions and negotiations between the applicant and respondents. The end result of the Court proceedings was that the applicant agreed to surrender the consent.




Page | 24

The current application is identical to DA15/0180 and a ‘Noise Impact Assessment’ has been provided in support of the application.

Subject Site and Locality

The subject site formally comprises Lot 1 DP435373, Lot 5A DP16192 and Lot 1 DP126196, Centennial Road, Bowral as shown in Figure 1 below, and is approximately 87ha in area.

The site is developed with the following improvements being the Centennial Vineyard restaurant, cellar door, and car parking and some ancillary shedding and a dwelling to the west. The site consists of cleared grazing land, vineyard and remnant bushland around the dwelling and cellar door complex. The site is identified as containing remnant Southern Highlands Shale Woodland and is also identified as being bushfire prone land. The land undulates and has a natural amphitheatre located to the east of the vineyard building complex. Adjoining the property are both low density residential land and land zoned RU4 Primary Production Small Lots to the east and low density rural areas to the north, south and west.

Figure 1: Site Location

(reproduced under separate cover as Attachment 2)

Details of Proposal

Council received a development application on 15 June 2015 for the temporary use of the Centennial Vineyards site for outdoor concerts, being DA16/0491. The application proposes




Page | 25

5 concerts per calendar year with events most likely held over weekends, but the applicant seeks an approval that would allow concerts on any day of the week. It is noted that the site has to be prepared for the events and restored afterwards which can usually result in a lead in of at least 1 week before and after for installation/preparations. Concert times proposed are 2pm – 11pm with “bump in” from 12 noon and “bump out” finishing at 12 midnight.

Figure 2: Site Plan of Concert Area


Events would include food stalls but food may also be brought to the venue. Alcohol would be available on the site. The Statement of Environmental Effects (SEE) details that up to 8000 people would be in attendance and numbers would be limited by ticket sales. Portable toilets and security would be provided. Proposed on-site parking specified in the SEE is for an estimated 1,200 to 1,400 cars. The SEE documents that a significant number of people utilise buses to travel to the venue. Approximately 50-60 bus movements are anticipated to occur on a concert day with each bus carrying 60 passengers.

A ‘Traffic Management Plan’ (TMP) submitted with the DA slightly contradicts the SEE figures. It states that car parks would have a capacity of up to 2,000 cars and a disabled car park would have a capacity of up to 40 cars. A bus parking area is to have a capacity of up to 20 large buses and 30 mini buses. Staff car parking would have a capacity of up to 100 cars. The TMP states that attendances of up to 7,000 have been planned for. A subsequent letter from the author of the TMP states:

‘In regards to the Traffic Management Plan that I produced in 2015 for Centennial Winery as a part of their DA application to hold concerts at the winery again I submit the following :-

the Traffic Management Plan is designed to manage traffic flow in the same manner




Page | 26

that was implemented successfully over the period between 2006 and 2011 when another music promoter held concerts at Centennial Winery.

the previous concerts at Centennial Winery catered for crowds up to 8,500 patrons using the traffic management procedures as per the Traffic Management Plan approved by RMS, Police and Wingecarribee Shire Council.

I was the traffic management supervisor at these previous concerts at Centennial Winery, and am confident the procedure for traffic management is adequate for any future concerts with up to 8,000 patrons attending at this site.’

If the application was to be approved it would be conditioned to comply with the TMP and a number of 8,000 attendees.

Figure 3: Site Plan of Parking Areas



NSW Rural Fires Act 1997

The current application has not been referred to the NSW Rural Fire Service (RFS) for comment. Referral is not required under the Act however NSW RFS has requested that large events proposed on bushfire prone land be referred for comment given the potential risks to public safety.

The previous application DA15/0180 which is identical to the current application was referred to the RFS. The RFS correspondence dated 19 August 2015 has been submitted as part of this application. It includes conditions relating to plans, asset protection zones, water and utilities, access, evacuation and emergency management. These conditions would be included in a development consent notification if the application was to be approved (Condition 31).




Page | 27

State Environmental Planning Policies

State Environmental Planning Policy - Remediation of Land

A vineyard was approved on Lot 1 DP126196 in August 2000. Modern practices associated with vineyards lead to the conclusion that contamination would not be an issue and as such Council is satisfied contamination is not a consideration for this application, particularly as the vineyard is located a significant distance to the west of the concert venue.

State Environmental Planning Policy (Infrastructure) 2007

The application required referral to Roads and Maritime Services (RMS) under the provisions of the SEPP given the proposed traffic generation. RMS has advised that it does not object to the proposal in principle and that arrangements for traffic and pedestrians in and around the classified road network should be considered by Council’s Traffic Committee. RMS also outlines further requirements for approvals associated with traffic management following approval (Condition 6).

Traffic Committee recommendations are as follows:

1. ‘THAT there is no objection to the traffic and parking arrangements proposed for the Temporary Outdoor Concerts at Centennial Vineyard, Bowral subject to the satisfactory completion of all requirements of the Guide to Traffic and Transport for Special Events for a Class 2 Event;

2. THAT the organiser liaise with Police at the Hume Local Area Command prior to the event to manage drop off locations in the Bowral CBD for bus patrons;

3. THAT a procedure be prepared for the cancellation of an event due to wet weather

which includes the timing of on-site meetings and advice to patrons.’

SEPP (Sydney Drinking Water Catchment) 2011

The application is subject to the provisions of the SEPP and is a Module 5 development. Council has referred this application to Water NSW for its concurrence. Water NSW has issued its concurrence by letter dated 24 June 2016 subject to a condition requiring compliance with the recommendations in the Water Cycle Management Report submitted with the application. This condition would be included in a development consent notification if the application was to be approved (Condition 32).

Local Environmental Plans

Wingecarribee Local Environmental Plan 2010

The site is zoned E3 Environmental Management under Wingecarribee Local Environmental Plan 2010. Events are included in the definition of function centres which are defined as:

‘function centre means a building or place used for the holding of events, functions, conferences and the like, and includes convention centres, exhibition centres and reception centres, but does not include an entertainment facility.’

Function centres are not a permissible use within this zone. Accordingly, the application has been considered under the temporary use of land provisions in clause 2.8 of the LEP as follows:

“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.




Page | 28

(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.

(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.

(4) Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.

(5) Subclause (3) (d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).”

It is considered that the temporary use would not prejudice the subsequent carrying out of development on the land. It is considered that the temporary use would potentially adversely impact on adjoining land. The two main issues that impact upon the surrounding area are noise and traffic. Noise was an ongoing issue with the previous “A Day on the Green” concerts.

Noise

The previous 2008 consent included a noise condition based on the noise report submitted with the application as follows:

‘Noise criteria for the concerts are to be a maximum of LAeq – 65dB(A), LCmax – 90dB(C) when measured at the residential receiver locations as shown in the Benbow Environmental Summary Findings of Noise Management a Day on the Green Bowral dated March 2009, Report No 109058_Rep. Each event must be monitored by a noise consultant appointed by the applicant, agreed to by Council, with any breach of the limits notified immediately to the concert’s acoustic engineers with appropriate immediate adjustments made. Results of all monitoring are to be provided to Council within fourteen (14) days of the concert.’

During monitoring of the concerts, noise levels frequently reached the upper limit and had to be adjusted down again. Despite monitoring, the noise limit was quite high and the concerts were loud even when inside the closest dwelling.

A Noise Impact Assessment dated June 2016 was lodged with the application, which states:

‘A noise impact assessment was undertaken to assess the noise impacts associated with the proposed use of the Centennial Vineyards site for occasional outdoor concerts. A review of the most recent legislation and guidelines has been undertaken in order to provide an overview of the different noise criteria adopted in Australia for outdoor concerts.




Page | 29

The noise criteria imposed by Wingcarribee Shire Council in the latest DA approvals for the site are in line with the current approaches to noise management for outdoor concerts in Australia. These are considered adequate. Additional noise criteria which aims to control the LAmax has also been included. Noise impacts on the nearest sensitive residential receptors have been evaluated by using the noise modelling software, SoundPLAN 7.3.

Assumptions regarding the PA system details, such as orientation and directivity, were made in order to develop a noise model. These were based on numerous measurements and observations made by Benbow Environmental’s consultants throughout the years at the Centennial Vineyards site and at other large outdoor venues in NSW and Victoria.

Predictions under worst case scenario found non-compliance at one residential location due to its close proximity to the site. Noise levels at Location R1 (22 St Clair Street, Bowral) were found to exceed the stipulated criteria by 4-7 dB under worst case scenario. A negligible exceedance (≤1 dB) of the LCmax noise limit was predicted at location R2 (252-254 Centennial Road, Bowral). Compliance with the noise criteria was predicted at all the other residential receptors.

Compliance can also be achieved at location R1 and R2 through the implementation of an adequate Noise Management Plan and the application of noise control measures. Prediction of noise levels resulting by limiting the music levels at the front desk were found to comply with the noise criteria.

The noise management strategy has been very effective in the past at the site. The selection of highly directive array speakers and adequate management of noise levels at the front desk would represent the most effective means to minimize the noise impact on the local community.’

Recommended management and mitigation measures are also included in the Assessment as follows:

‘Noise Management Plan

Event specific noise management plans are recommended. The purpose of a NMP is to identify and implement strategies to minimize the noise impacts to the community. This would include, but not be limited to, the following:

details on PA system and orientation of stage;

description of the event;

community consultation;

noise monitoring programme;

prediction of potential noise impacts;

noise complaint management policy;

set noise management levels at the front of house; and

investigate and implement additional strategies for minimizing noise impacts.

Noise Mitigation Measures

Due to the close proximity of the venue to residences (R1 in particular), control of the sound “spill” from venue would greatly depend on the loudspeaker arrangement. The amount of spill is difficult to predict and acousticians would need to be present during sound checks to provide advice on noise levels at nearby residences.




Page | 30

Adequate control of music “spill” from the site in outdoor noise concerts can be obtained by accurate selection and design of the PA system (orientation and directivity) and the use of additional noise control measures.

Use of noise cancelling speakers or highly directional speakers is recommended in order to minimize noise spill from the site. Delay arrays can also be utilised and they would provide an effective alternative noise mitigation measure.

Use of shipping containers and/or temporary noise barriers also represent a valid noise control measure that could be implemented at the site. Considering that only one receptor is likely to be significantly affected by the noise associated with the outdoor events, these would provide adequate noise reduction which could be in the order of 5-7 dB, which is consistent with the exceedance predicted at location R1.’

Council staff assessed the Noise Impact Assessment and expressed concerns regarding the estimated noise impact from the proposed development on the surrounding residential properties, in particular 22 St Clair St and 252-254 Centennial Rd and noise limits applied in the Assessment. The author of the Assessment responded to the expressed concerns. A summary of the response has been provided by the applicant’s Planning Consultant:

‘The response from Benbow, dated 21 September 2016 that has been forwarded to Council, is very comprehensive. Of particular note are the following key points:

Issue 1

noise experienced inside of the dwelling at 22 St Clair Street (the most affected residential property) would be equal to or less than 54dB(A), with this level corresponding to the noise from a TV set at normal volume measured at 1 metre

outdoor equipment of various types commonly used in residential areas regularly exceed this level

because the noise is not permanent, it is common for regulatory authorities to adopt noise levels that exceed background levels

intrusive noise is not necessarily unacceptable. The Noise Guide for Local Government accepts that ‘offensive’ or ‘unacceptable’ is dependent upon the activity, the situation or the location and not just a level above background.

Issue 2

the NSW Industrial Noise Policy is aimed at large industrial developments and those generating continuous noise

the application of 5dB(A) above background noise has no technical support for non-industrial or non-continuous noise sources

the NSW EPA Noise Guide for Local Government provides suggested management/regulation for events such as outdoor concerts. It starts with the implementation of reasonable and feasible best practice. It states that impact is not just a function of the noise level but also the length of the event, the start and finish times and the number of events’.

The author of the Noise Impact Assessment further states:

‘In the NIA, noise levels at all residential locations, including 22 St Clair Street and 252–254 Centennial Road, have been assessed at the residential property boundary and they do not correspond to the noise levels that will be experienced inside the residences.




Page | 31

Several acoustic guidelines quote a difference of 10 dB between outdoor and indoor noise levels when the windows are open sufficiently to provide adequate ventilation (ref. Section 2.2.1 of the NSW EPA Industrial Noise Policy (EPA 2000) and Section 2.5.4 of the DECCW NSW Road Noise Policy).

The resultant indoor equivalent continuous A-weighted sound pressure levels (LAeq,15min) would be equal to or less than 54 dB(A) and 46 dB(A) at 22 St Clair Street and 252–254 Centennial Road respectively. These noise levels approximately correspond to people talking at 1 metre or a TV set at normal home level at 1 metre.

It should also be noted that if the receiver has their windows fully closed, internal noise levels at 22 St Clair Street and 252–254 Centennial Road would be further reduced below 54 dB(A) and 46 dB(A) respectively. In regard to the subjective comments that 64–70 dB(A) is excessive, use of outdoor equipment commonly used in residential areas exceed these noise levels.

As the music from the venue is for a limited time period and is not a permanent part of the noise environment, Regulatory Authorities across Australia have adopted allowable noise levels for music venues that exceed background levels by 30 dB(A).

Through effective noise management and consultation with the community, the majority of residents, from our experience, accept that the music is audible.

Benbow Environmental acknowledge that the music from Centennial Vineyards will be audible inside the residential property located at 22 St Clair Street and therefore recommends that site management commit to implement further noise mitigation measures in order to minimize the noise impacts. Feasible and reasonable noise control measures have been discussed later in this letter.’

Further recommended noise mitigation measures in addition to the ones contained in the Noise Impact Assessment are:

The highest noise impact was predicted at the residence located at 22 St Clair Street due to its proximity to the proposed stage location.

Benbow Environmental and the site management proponent understand the concerns expressed by the Council and parts of the community and therefore have proposed additional noise mitigation measures to further reduce the noise emissions associated with the proposed concerts. This would minimize the noise impact on the surrounding residences. All reasonable and feasible noise control measures identified by Benbow Environmental for the proposed outdoor concert events are provided below.

A Noise Management Plan would be developed for the events and will include aspects of event planning such as community consultation, PA design, venue specific mitigation measures (such as the agreed upon directivity of the loudspeakers to be used which focuses sound energy towards the crowd and away from the nearest resident), venue and crowd control, and overall event management.

The stage orientation will be modified. This should be oriented away, as much as practicable, from the resident at 22 St Clair Street.

Onsite PA systems should be specified to minimise spillage to areas outside of the venue onto the residential areas. The most recent speaker technologies show that music can be efficiently directed toward the crowd minimizing the impacts on the surrounding areas, in particular towards the back of the stage.

Three rows of shipping containers and four semi-trailers would be strategically located to the eastern side of the stage area in order to provide additional screening and further reduce the noise levels at the nearest residential receptor.




Page | 32

All amenity structures would also be positioned to the east to provide additional shielding.

Limitations on the hours of operations would also be included in the proposal in order to avoid sleep disturbance issues and minimize the duration of the noise impacts. Concerts are proposed to end at 9 pm.

It is anticipated that the above noise mitigation measure would further reduce the noise by approximately 5-7 dB at the nearest receptor. A reduction of up to 10 dB could be achieved through the use of four rows of shipping containers and the use of highly directive speakers.

An approach was made to the applicant regarding the possibility of relocating the concert venue on the land. The response from the applicant’s Planning Consultant was:

‘I have spoken with …, my client and the owner of Centennial Vineyards. As I suspected, he is not in a position to further consider a relocation of the stage and viewing area.

This is for some very obvious reasons. Firstly, the stage and viewing area is clearly the most desirable from the applicant’s perspective. The natural amphitheatre is ideally suited. Many artists have commented that it is in fact one of, if not the finest, space of all the vineyard concert locations around the country. Moving it would severely diminish the attractiveness of the venue to a point that would most likely undermine the use completely.

There has been considerable work put in to this part of the site to make it a more attractive and comfortable location and it makes no sense to now move. Remember, this is the same location previously utilised over a number of years under LUA08/1186 and approved again by Council under LUA15/0180.

The alternative location identified is not suitable from a site operational perspective and of course would detract from the capacity of the site to provide adequate on site car parking.

From the perspective of the applicant the alternative is inferior in every way and should not be put forward as a viable alternative.’

The applicant’s reasons for the concert venue site selection are accepted.

Traffic

A Traffic Management Plan (TMP) has been submitted with the DA which has been referred to both RMS and the Local Traffic Committee. Traffic from Sydney, Canberra and Wollongong would access the site via the Hume Highway, Old Hume Highway and the western end of Centennial Road. A shuttle bus would be provided to bring pedestrians to the site from the towns. Traffic controllers would be located on Centennial Road to manage traffic at peak times. No roadside parking will be available on Centennial Road on the day of the event. It is considered that the TMP submitted is very similar to the TMP for the “A Day on the Green” concerts which was well implemented. The main issue with traffic management was the lack of wet weather parking on the site. The TMP includes a provision for the use of a tractor to pull cars out if conditions are too boggy. In the past concerts were cancelled following issues with wet weather at the site during some events.

Recommendation No 3 of the Local Traffic Committee with regard to this proposal and wet weather states:

‘3. THAT a procedure be prepared for the cancellation of an event due to wet weather which includes the timing of on-site meetings and advice to patrons.’




Page | 33

The negative impacts associated with increased traffic on the amenity of the surrounding area are considered to be acceptable if the number of events at the site were limited. Condition 1 recommends the following in terms of limiting events:

Limit the number of events to four in any 12 month period.

No more than one outdoor concert is to be held in any four-week period.

Clause 2.8(3)(c) also requires that the temporary use will not adversely impact on environmental attributes or features of the land. The proposed use does not include permanent construction, earthworks or tree removal. The location of the natural amphitheatre is within an area identified on Council’s mapping as containing Southern Highlands Shale Woodland Endangered Ecological Community (EEC) which is protected under the provisions of the Threatened Species Act Conservation 1995. It is likely that grass mowing in the event area will be undertaken which can impact on vegetation re-growth, however, the area is managed as an inner protection area due to its bushfire affectation. This essentially means the area is managed with trees being retained but the ground level kept relatively clear. On this basis it is considered that the proposed events are unlikely to have an adverse impact on the environment.

At the end of each temporary use period it will be possible to restore the site to its former condition as far as is practicable.

Development Control Plans

Rural Lands Development Control Plan

The applicable sections of the Rural Lands DCP are addressed below:

DCP Control Assessment

Part A – Managing our Rural Lands

Section 1 – Introduction

This DCP applies to the site as it is zoned E3 Environmental Management.

Section 2 – Classification & Distribution of Rural Lands

The temporary use is consistent with the intention of this section of the DCP.

Section 3 – Ecologically Sustainable Development

The temporary use is consistent with the principles adopted in this section of the DCP relating to the ESD principles. No earthworks are proposed.

The application has been referred to Water NSW and they advised the proposed development would be able to achieve a neutral or beneficial effect on water quality.

A SEE has been submitted with the application. Plans submitted with the application facilitate a satisfactory site analysis when read in conjunction with the SEE.

Section 4 – Vegetation Management

The land is mapped as containing Southern Highlands Shale Woodland Endangered Ecological Community (EEC). The proposed temporary use does not involve any tree removal so no adverse impacts are anticipated on the EEC. The mown area of




Page | 34

DCP Control Assessment

the concert venue is maintained as an Inner Asset Protection Zone to manage bushfire hazard.

Section 5 – Water Management

The temporary use is consistent with the principles adopted in this section of the DCP relating to water quality and Water NSW have granted concurrence to the application.

Section 6 – Additional Controls

Bushfire consideration has been discussed previously. The site is not identified as having contaminated or potentially contaminated land. No demolition is proposed.

Assessment of the application and supporting documentation recommended mitigation and management measures, NSW Agency comments and conditions and taking into account the recommended conditions of consent if the application was to be approved leads to the conclusion that the temporary use would not adversely impact adjoining land or the amenity of the neighbourhood.

No odour or outdoor lighting impacts are envisaged to be of a magnitude to justify a refusal of the application.

Directional and pedestrian traffic signage is proposed as part of this application. Temporary signage in accordance with A6.19.6 of the Rural Lands DCP is permitted. This section of the DCP permits signage in accordance with the following, without approval:

A6.19.6 Temporary signs:

(i) Must only announce a local event of a religious, educational, cultural, political, social or recreational character or relates to a temporary matter in connection with the event.

(ii) Must not include advertising of a commercial nature (except for the name of the event’s sponsor).

(iii) Must not be displayed earlier than 14 days before the day on which the event is to take place or commence and must be removed within 7 days after the completion of the event.

(iv) Must not be a fly poster taped to poles, hoardings or buildings.

Section 79C 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, particularly clause 2.8.

(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




Page | 35

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

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 likely impacts of the development have been addressed earlier in the report and predominantly pertain to traffic and noise.

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

Taking into account the documentation that has been lodged with the application and relevant legislation assessment of the proposal suggests that the site is suitable for the temporary event concerts.

(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 proposal is considered to be in the public interest. The SEE argues:

‘The public interest includes consideration of all of the positive impacts, including both social and economic, that accrue from a development proposal.

In this case it is self evident that the concerts have huge spinoff effects throughout the whole community, flowing into the local economy - food, wine, accommodation, transport, not to mention the value of being able to showcase the Shire to the thousands of attending visitors. This was emphatically demonstrated during the time the concerts were held under the previous development approval.

It is acknowledged in the Noise Impact Assessment report prepared by Benbow Environmental that for some adjacent properties there is likely to be some noise impact. This impact is low in the sense of it being fleeting i.e. confined only to the times when a concert is being held and only for the time that an act is on stage. At all other times of the year when no concerts are being held, there is no impact at all.




Page | 36

It is also mitigated to the extent that appropriate noise management plans and on site engineering mitigation measures can be utilised to minimise impacts.

In addition, there are no broad based public dis-benefits that would weigh against the broader public interest. On the contrary, the ’public interest’ benefit is very high given the enormous spin off effects on both a social and economic level. These impacts are long lasting and substantial and exceed the duration of the actual concerts.’

Council’s Tourism Manager made the following comments in respect of the identical previous application:

“As per the original application of 2008 Destination Southern Highlands and its tourism industry is very supportive of the proposed application to conduct outdoor concerts at Centennial Vineyards. Of the years that concerts were conducted under the banner of ‘A Day on the Green’ (ADOG) they proved to be hugely successful in delivering additional and appealing events for our region which contributed enormously to our visitor economy.

Events play a particularly strong role in increasing destination awareness and desirability. They can be the reason for visitors to act ‘now’ and book travel; and also encourage repeat visitation by those looking for something new and different.

The ‘music in the vines’ style events have helped to positioned our destination as a must visit for premier food & wine & cultural experiences whilst also supporting the new branding of the region. From an economic prospective ADOG delivered additional direct and indirect job opportunities for our local hospitality industry. The outdoor concerts held at Centennial Vineyards had a major flow-on impact with a multiplier effect benefiting our transport & accommodation industry, attractions, shopping precincts, galleries, wineries, petrol stations, cafes, restaurants and hotels. Increased visitation to the region, expenditure & length of stay were all key benefits of the ADOG events.’

Research of case law on the public interest leads to the conclusion that determining whether or not development is in the public interest is a matter best left to the applicable consent authority to apply a flexible interpretation in order to adapt to the needs and values of society as they change.

CONSULTATION

External Referrals

As noted in the report above the application has been referred to Water NSW and RMS. The previous application DA15/0180 which is identical to the current application was referred to the RFS. The RFS correspondence dated 19 August 2015 has been submitted as part of this application.

In addition the matter has been referred to NSW Police Force and their response is as follows:

‘On reading operation reports on previous Day on the greens there was a problem with intoxication when the condition of all alcohol being served must be Mid – strength alcohol except for Wine which can be full strength but must not be served in glass containers, this includes either drinking vessel size or carafe.

In relation to transport to and from the venue it would appear the only reason in the past that there has been nil problems from patrons when they were dropped off in the CBD of Bowral is that the licensed premises in the CBD have closed early and were not open when patrons were being dropped off. The organisers cannot expect the




Page | 37

licensee of other venues other than their own to close for the concert because they are worried about the intoxication levels off persons being dropped off. This issue has not been addressed in the organizers Traffic Management Plan and further consultation is need between the Commander and the organizers of the event.

In relation to the liquor license and security at the venue the following conditions should be sort by police to be put on the Council DA:

1. The owner is to obtain a limited License (single function) liquor license for every function at the venue.

2. The licensee shall consult, negotiate and come to agreement with the Hume Local Area Commander (or their Delegate) in relation to the liquor license conditions placed on the Limited License (single function) required at the function and shall abide by the Local Area Commander’s (or their delegate) final decision. This will take place at least 90 days before the function.

3. The Licensee shall consult, negotiate and come to agreement with The Hume Local Area Commander (or their delegate) in relation to the provisions of security personal and/or User Pays Police officers required at the function and shall abide by the Local Area Commander's (or their delegate) final decision. This will take place at least 90 days before the function.

4. The applicant must submit a comprehensive Venue Management Plan to support these conditions. This plan must be submitted to the police no later than 21 days prior to the date of the event and include the following:

A Venue Plan containing the following:

Site plan to include licensed area,

Location and description of licensed boarder/fencing

Location of bars

Location of amenities,

Location of lighting

First Aid

Private & Event parking

Public Transport

Evacuation point

Emergency assembly point

The Liquor Licence

Copy of Approved Liquor Licence

Copy of signed agreed conditions attached

Copy of Licensed area plan submitted to the OLGR [Office of Liquor Gaming & Racing]

An Alcohol Management Plan

Licensee/managers/ Contact details

Bar managers details,

Staff RSA details

Type food available

Location and Number of Water stations

Types & nature of Alcohol available

Management of Patrons

Minors ID system

Wrist-banding System




Page | 38

Incident register

RSA Register

Signs displayed

A Security Management Plan

Security Master Licence holders details

Security Supervisors contact details

Copy of Master Licence

Copy of Security Sign on sheet

Copy of all RSA details for each guard

Security Operations Plan or Written Instructions to security.

A Venue Facilities Plan

Lighting

Location of Food

Amenities

Locations of Water Stations

These have been included in the Notice of Determination as Condition 33.

Internal Referrals

Council’s Traffic Committee (including representatives from Council, RMS and NSW Police) recommendations have been addressed earlier in the report.

Council’s Environment and Health Officer has advised:

The following noise and noise-related conditions are recommended:

‘Approval under this consent is given for four (4) concerts per year. Council must be provided with the dates of upcoming concerts prior to the tickets being sold or the event advertised. (Condition 1)

No more than one (1) concert event is to be held in any four (4) week period. (Condition 1)

Outdoor concert events at Centennial Vineyards are to be held between the hours of 2.00pm and 9.00pm on the same day. (Condition 2)

Signage is to be erected on site advising attendees not to create excessive noise when leaving the venue, so as to respect the amenity of surrounding residences. (Condition 27)

Noise criteria for the concert events are to be a maximum of LAeq at 55 dB(A), LAmax at 60 dB(A) and LCmax at 80 dB(C) when measured at the nearest residential receptor. (Condition 29)

The person with the benefit of this development consent must take all practicable measures to minimise any adverse noise impact from concert events on the local amenity. This includes but is not limited to engaging a suitably qualified acoustic professional and ensuring that he/she (Condition 29):

o attends the whole duration of the outdoor concert event;

o oversees the full implementation of the noise management and mitigation

measures listed on page 32 of the Noise Impact Assessment Report by Benbow Environmental (Report No. 161083_NIA_Rev2, released on 8/6/16)

[Note: This condition is proposed to be extended to include the following




Page | 39

wording and correspondence from Benbow Environmental dated 21 September 2016 listed on pages 6 and 7.;

o continuously monitors compliance with the abovementioned noise criteria

during the concert event and ensures that immediate and effective measures have been taken to rectify any exceedance of the abovementioned noise criteria; and

o prepares and submits the noise monitoring results to Councils within fourteen

(14) days of the concert event.’

Neighbour Notification (or Advertising)/Public Participation

The development application was Neighbour Notified for the period from 21June 2016 to 7 July 2016 and during this time Council received 45 submissions.

The number of submissions objecting to the proposal in its current form is 15 (three of these were from the same authors). A total of 30 submissions were in support of the temporary events. The support centred on the cultural and economic benefits to the community and the natural beauty of the venue.

The submissions of objection are summarised as follows:

General Issues

The SEE has not properly addressed the permissibility and use of clause 2.8 of the LEP and environmental impacts of the proposal.

Evidence from similar events in other areas indicates use of illicit drugs and engagement in antisocial behaviour.

Ticket sales should not be open ended, they must be limited to 8000 and Council must be able to monitor this.

Objects to concerts being held over 2 days. If concerts are held over two days and no accommodation is available at the venue it is reasonable to expect increased traffic (vehicular and pedestrian) to and from the town centre. If each day is to constitute a completely different entertainment then it should be considered as two separate events. Approval should not be open ended but should be limited to a maximum of three years only so that compliance and impact may be monitored.

Animals in Gibbergunyah Native Reserve would relocate due to the noise.

There are no positive outcomes to the residents of Bowral

Council should include controls for security measures at the venue in any approval.

These concerts started off as being “one offs” and then crept up to a 5 year approval with 4 concerts per year.

Concerts should be limited to three (3) or four (4) per year and be separated by three (3) months.

Approval should be restricted to two (2) or three (3) years.

Bong Bong race course or the Wollongong Entertainment Centre would be more suitable venues.

Comment – The LEP provisions including clause 2.8 and potential environmental impacts have been addressed in this report.




Page | 40

NSW Police have been consulted and recommended conditions in respect of alcohol and security management (Condition 33).

Ticket sales are recommended to be limited to 8,000 and evidence supplied to Council that this is the case (Condition 5).

It is considered that concerts should be limited to one day only rather than over a whole weekend given the level of disruption associated with events. Council conditions were enforced in previous consents. It is recommended that no more than one (1) concert event is to be held in any four (4) week period, concerts be restricted to four (4) per year (Condition 1). Concert hours are recommended to be restricted to of 2pm to 9pm (Condition 2). To be consistent with the Planning Staff approach to temporary uses it is proposed to recommend approval for a one (1) year period, but from the date of the first concert (Condition 1).

Security measures would be conditioned in accordance with the recommendations of NSW Police if the application was to be approved.

Public interest has been addressed earlier in the report under the Section 79C evaluation.

An application has been made for the Centennial site and it therefore must be assessed.

Amenity

Venue is too close to residential area for this type of event. Venue is in a rural setting, people living in the residential area adjacent would not expect to have concerts at the adjoining winery.

Windows rattle for hours when the concerts are held.

Comment - The venue within the site is relatively close to residential areas to the east and south-east, the main impact resulting from this is noise. This has been discussed earlier in this report. A Noise Impact Assessment has been submitted with the application. The author of the Assessment also provided additional information regarding noise in response to issues raised in a Council letter. All of the recommendations regarding noise submitted by Benbow Environmental are recommended as conditions of consent if the application was to be approved.

In accordance with the recommendations of Council’s Environment and Health Officer it will be recommended that noise criteria for the concert events are to be a maximum of LAeq at 55 dB(A), LAmax at 60 dB(A) and LCmax at 80dB(C) when measured at the nearest residential receptor. Conditions regarding monitoring are also proposed (Condition 29).

Noise

Previous concerts have adversely affected property owners in respect of excessive noise.

The Noise Impact Assessment does not provide sufficient detail on its modelling assumptions. Further it is asserted that no testing has been done to confirm that the use of shipping containers and/or temporary noise barriers could reduce noise in the order 0f 5-7dB.

Noise limits proposed in the Noise Impact Assessment are not appropriate for concerts at Centennial Vineyards.

A report prepared by Acoustic and Air Consultants on behalf of an objector concludes that ‘significant noise impacts from the concerts would be expected in the surrounding area. This applies particularly to the closest resident at 22 St Clare Street…’ On this basis the proposal could not comply with Clause 2.8 of WLEP 2010




Page | 41

as the temporary use will adversely impact on adjoining land and the amenity of the neighbourhood.

Noise would be intolerable for those residing in closer proximity to the event.

No. 22 St Clair Street (as measured using Google) is 110m from the stage not 140m as stated in the Noise Impact Assessment.

There are approximately 100 dwellings less than a kilometre of the stage.

Noise levels from previous concerts shake the house and appear to have caused cracking at 22 St Clair Street.

Noise levels set by Council are far in excess of those set at Sydney Olympic Park.

Councillors and Council staff have been invited to visit and examine the problems experienced by the owners of 22 St Clare Street but this has not happened.

Council has previously ignored a considerable number of objections.

The stage/concert venue should be moved further west on the property adjacent to the Hume Highway.

Noise monitoring at previous concerts exceeded 115dB and these levels were never reduced.

If concerns are not addressed fairly and the application isn’t dealt with within the law then the matter will once again be taken to the Land and Environment Court.

Sunday concerts are unreasonable as it is before a work/school day and cause loss of sleep. Concerts should end no later than 8.30pm. The previous approval times were for 4pm – 10pm this approval seeks from 2pm to 11pm without any commitment to set up and set down times. More specific information should be provided with respect of the proposed event dates i.e.is it potentially one weekend each month over 5 months? It can be assumed that the concerts may be crammed together over the summer months given the cold winters.

Comment - See the comments immediately above under the ‘Amenity’ and ‘General Issues’ headings.

Assessment of the application and supporting documentation recommended mitigation and management measures, Government Agency comments and conditions and taking into account the recommended conditions of consent if the application was to be approved leads to the conclusion that the temporary use would not adversely impact adjoining land or the amenity of the neighbourhood.

Traffic/Road Network/Pedestrian Issues

Traffic and car parking congestion. Traffic management must be in place to reduce the use of the eastern end of Centennial Road. At the applicant’s expense electronic road signs should be placed on the Hume Highway and Old Hume Highway to direct traffic from Sydney and Canberra to the western end of Centennial Road. Traffic wardens should be in place to ensure compliance with traffic restrictions.

The roads would require upgrading particularly the lower end of Centennial Road which receives heavy traffic. Centennial Road is only a two way weight limited residential road that is being asked to cater for up to 8000 visitors 5 times per year. Based on the total number of concerts proposed the roads would be expected to take in excess of 6000 cars and 225 buses per year. The existing roads are in poor condition and are not sufficiently maintained for existing traffic levels.




Page | 42

Footpaths to and from the site are either unmaintained inadequate or non- existent. Foot traffic would be required to cross Kirkham and Centennial roads without appropriate crossings. There are a range of existing commercial uses in this precinct and recreation facilities which generate pedestrian traffic, concerns about the existing access for pedestrians without the additional impact of the concerts. Safety concerns for all pedestrian users. Foot traffic between Bowral and the Winery is not addressed in the Traffic Management Plan.

Comment - A Traffic Management Plan will be in place to control traffic in and around the event site. The plan includes the use of signage such as advance warning signs on the main approaches to the site including the Hume Highway. Conditions 7 to 13 have been imposed to manage traffic throughout the events.

The main damage to roads from events is potentially from heavy vehicles such as trucks and buses rather than cars.

The above matters including condition of the road and potential damage to the road were considered by Council’s Engineers in respect of the previous identical application. The option of requiring a dilapidation report and bond as a condition of consent (particularly for Centennial Road) was canvassed. Council’s Asset Engineer inspected Centennial Road and has confirmed that:

“…there is no critical road furniture that may be damaged due to the event and therefore Council will not require any kind of bond and dilapidation report for the road”.

No parking will be permitted along Centennial Road so as to minimise pedestrian traffic, in addition to this a shuttle bus will also be used to transport patrons from the towns to the site thereby avoiding pedestrian access.

Water Quality/Pollution/Drainage

Construction of additional hard stand areas for parking and other facilities will increase run off experienced at the lower end of Centennial Road and Kirkham Road.

Comment - It is anticipated that events would be cancelled in extreme wet weather events as there is no alternative wet weather parking site. No additional hard stand areas are proposed in this application; therefore, no additional drainage from the site is anticipated.

The proposed development is not going to impact on the existing drainage network, as no increased flows will be coming off the site.


Environment

No adverse impact to the environment is envisaged due to the temporary and retractable nature of the event. Clause 2.8 of the LEP requires the site be remediated/returned to its former condition immediately following the events.

The main environmental impacts associated with this proposal are noise and traffic. Noise and traffic is considered to be manageable via implementation of the numerous recommended conditions addressing those issues and concert frequency.




Page | 43

Social

Socially, the temporary use would provide an opportunity for social cohesion and sense of place to occur as it would provide a platform for locals and tourists to interact and be part of similar experiences.

Positive impacts include the potential for events that are not usually conducted in the Shire to occur here adding to the cultural and social life of the area.

The potential negative social impacts include the impacts associated with intoxicated patrons (conditions from NSW Police address these impacts) and the impacts on those most affected by noise closest to the venue site. It is assessed that these impacts can be mitigated and managed to an extent that the proposal is acceptable.


Broader economic implications are predominantly beneficial and relate to flow on effects with respect to tourists visiting the wider Southern Highlands district for the purposes of attending the events.

Culture

Culturally the temporary use has the potential to entertain locals and tourists.

Governance

The development application has been considered in accordance with Wingecarribee Local Environmental Plan 2010, section 79C of the Environmental Planning and Assessment Act 1979 and any other matters relevant to the development.

RELATIONSHIP TO CORPORATE PLANS

The Operational Plan 2015 – 2016: OP: 117 Provide development, building assessment and certifications services.


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.




Page | 44


An assessment of the proposal has been made against the Wingecarribee Local Environmental Plan 2010 and the Bowral Development Control Plan. No other Council policies apply to the subject development.

OPTIONS


Option 1

Approve the development application subject to conditions.

Option 2

Refuse the application (Council will be required to provide reasons for refusal).


CONCLUSION

All relevant matters have been addressed. It is considered this report adequately considers the merits of the development in terms of legislative compliance and its potential impact on the locality. The development application has been assessed in accordance with the matters for consideration under section 79C of the Environmental Planning & Assessment Act 1979, and all relevant environmental planning instruments and Council policies.

Issues raised in submissions have been examined, considered and commented upon.

On balance, it is recommended the application be determined by way of approval, subject to the conditions nominated in Attachment 4.

ATTACHMENTS

1. Draft Notice of Determination - circulated under separate cover

2. Figure 1: Site Location - circulated under separate cover

3. Figure 2: Site Plan of Concert Area - circulated under separate cover

4. Figure 3: Site Plan of Parking Areas - circulated under separate cover

Nick Wilton A/Deputy General Manager Corporate, Strategy & Development Services Friday 9 December 2016



REPORT DEPUTY GENERAL MANAGER OPERATIONS, FINANCE & RISK

Page | 45

12 OPERATIONS FINANCE & RISK

12.1 Tender - Telecommunications Site Manager

Reference: 6330/16.23; PN1704893; 6327 Report Author: Senior Property Officer Authoriser: Deputy General Manager Operations, Finance & Risk Link to Delivery Program: Ensure systems and processes are in place to achieve

mutual trust and collaboration

PURPOSE

The purpose of this report is to present the evaluation of the Request for Tender for the Telecommunications Site Manager. The Telecommunications Site Manager is to be appointed to manage the Mount Gibraltar Telecommunications Tower at 232 Oxley Drive Bowral for and on behalf of Council.

RECOMMENDATION 1. THAT in relation to the report concerning Tender – Telecommunications Site

Manager - Council adopts the recommendations contained within the Closed Council report – Item 22.1.

OR 2. THAT the report concerning Tender - Telecommunications Site Manager – be

considered in Closed Council – Item 22.1.

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

REPORT

BACKGROUND

Council resolved to call for Tenders for a Telecommunications Site Manager for the Mount Gibraltar Telecommunications Tower at 232 Oxley Drive Bowral. A report was subsequently considered in a Closed Committee of Council on Wednesday 27 July 2016 following the call for Tenders and it was resolved by Council as follows (MN384/16):

THAT Council not enter into direct negotiations with any party AND THAT Council invite fresh tenders, either open or selective, based on the same details in respect of the appointment of a Telecommunications Site Manager, 232 Oxley Drive Bowral.




Page | 46

REPORT Subsequent to Council’s resolution made Wednesday 27 July 2016, Council has sought fresh tenders for suitable and qualified contractors to provide a tender for the scope of works. The full scope of works was detailed in the tender documents. In accordance with the Local Government (General) Regulation 2005 part 7, section 163(1), Council is required to invite tenders where estimated expenditure is greater than $150,000 (GST inclusive). This report presents the assessment and recommendation relating to the advertised Tender. ADVERTISING The tender advertising period was from the 30 August 2016 to 4 October 2016 (36 days). The tender was advertised as follows:

Newspaper / Website Date Advertised

Newspaper – Sydney Morning Herald 30 August 2016 & 6 September 2016

Newspaper – Financial Review 30 August 2016 & 6 September 2016

Newspaper – Southern Highland News 31 August 2016, 7 September 2016 & 14 September 2016

Council’s Website For the duration of the advertising period

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

TENDERS RECEIVED A total of two (2) tender submissions were received:

Company Name Location Postcode

Layer 2 Intelligence Pty Ltd Wollongong 2500

Total Site Solutions Pty Ltd t/as SiteXcell Crows Nest 2065

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:




Page | 47

Mandatory Criteria:

Criteria

Public Liability - $20 million

Workers Compensation OR Personal Accident and Illness Insurance or Personal Income Protection

Professional Indemnity and Liability - $5 million

Motor Vehicle (Comprehensive) – Full market value of vehicle(s)

Motor Vehicle (CTP)

Evidence of a Quality Management System

Attendance at Mandatory Site Visit and Briefing

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

Non-Cost Selection Criteria

Criteria Weighting

Past Experience 20%

Capacity 10%

Quality Management System 10%

Understanding Of The Requirement 10%

Local 10%

Total 60%

Summary of Selection Criteria & Weighting:

Selection Criteria

Criteria Weighting

Total Non-Cost Criteria 60%

Total Cost Criteria 40%

Total 100%

IMPACT ON FIT FOR THE FUTURE PROPOSAL OUTCOME

There is an approved budget for the appointment of the Telecommunications Site Manager. Funding will be paid from the rental income received by Council from the lessees and licensees for the use of the Mount Gibraltar Telecommunications Tower.




Page | 48

CONSULTATION


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

Internal Consultation

Coordinator Procurement & Fleet

Fleet & Procurement Officer

External Consultation

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


Environment

There are no environmental issues in relation to this report.

Social

There are no social issues in relation to this report.



Culture


Governance

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


Council receives ongoing annual income from the numerous lessees and licensees who operate from the Mount Gibraltar Telecommunications Tower. The rental received by Council will fund the appointment of the Telecommunications Site Manager.


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.




Page | 49

ATTACHMENTS





Page | 50

12.2 Bulk Materials Tender

Reference: 6330/16.24 Report Author: Manager Design and Construction Authoriser: Group Manager Infrastructure Services Link to Delivery Program: Provide safe and efficient road, cycle and where

appropriate, walking paths between and within town and villages, and conveniently located parking areas for cars and bicycles. Ideally, all road reserves to include provision for safe walking and cycling

PURPOSE The purpose of this report is to present the evaluation of the Request for Tender for the supply of Bulk Materials for 2017.

RECOMMENDATION 1. THAT in relation to the report concerning the Bulk Materials Tender (eg, Road

and Landscape Materials) - Council adopts the recommendations contained within the Closed Council report – Item 22.2.

OR 2. THAT the report concerning the Bulk Materials Tender (eg, Road and Landscape

Materials) - 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.

REPORT

BACKGROUND

Wingecarribee Shire Council seeks suitable and qualified Contractors on an annual basis for the supply of Bulk Materials to support Council’s Capital Works Projects and Maintenance Programs.

REPORT

Wingecarribee Shire Council recently conducted an open tender process to seek appropriately qualified and experienced contractors for the supply of bulk materials. The intention is to form a panel arrangement with the successful tenderers.




Page | 51

The new panel arrangement will replace Council’s current contract 30/15 which is due to expire on 31 December 2016. The current panel arrangement was approved by Council on 11 November 2015. In accordance with the Local Government (General) Regulation 2005 part 7, section 163(1), Council is required to invite tenders where estimated expenditure is greater than $150,000 (GST inclusive). This report presents the assessment and recommendation relating to the advertised tender ADVERTISING The tender advertising period was from 13 September 2016 to 11 October 2016 (28 days). The tender was advertised as follows:

Newspaper / Website Date Advertised

Newspaper – Sydney Morning Herald 13 September 2016

Newspaper – Southern Highlands News 14 September 2016

Newspaper – Southern Highlands News 21 September 2016

Council’s Website For the duration of the advertising period

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

TENDERS RECEIVED A total of five (5) tender submissions were received:


Boral Resources Pty Ltd North Sydney 2059

Cleary Bros (Bombo) Pty Ltd Port Kembla 2505

Gunlake Quarries NSW Marulan 2576

Benedict Pty Ltd Belrose 2085

Divall’s Earthmoving & Bulk Haulage Goulburn 2580

LATE TENDERS A total of one (1) tender submission was received as late (therefore non-conforming):


Hanson Construction Materials Pty Ltd Parramatta 2124




Page | 52

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: Mandatory Criteria:

Criteria

Public Liability - $20 million

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

Products Liability Insurance - $20 million

Evidence of a satisfactory Quality Management Systems

National Association of Testing Authorities’ Compliance Accreditation

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

Selection Criteria Weighting

Capability & Experience 10%

Specifications & Fit for Purpose 20%

Quality Assurance & Innovation 10%

Work Health and Safety, Environment & Sustainability 10%

Price 50%

Total 100%

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


Funding for Bulk Materials has been included in Council’s adopted Capital Works and Maintenance Programs.




Page | 53

CONSULTATION


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



Council has undertaken a range of initiatives as part of this tender process to encourage submissions from locally qualified contractors.

Culture


Governance

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


The 2016/17 Adopted Budget (including four year forward estimates) includes funding for capital works and maintenance activities undertaken by Council’s operational areas. Ongoing expenditure relating to bulk materials will be monitored and reviewed in line with adopted budget estimates and as part of future Quarterly Reviews of the Budget.


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




Page | 54

CONCLUSION

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

ATTACHMENTS





Page | 55

12.3 Proposed Closure of Part Unmade Road, Part King Street, Mittagong Adjacent to 8 King Street, Mittagong

Reference: PN804600 Report Author: Acting Property & Projects Officer Authoriser: Senior Property Officer Link to Delivery Program: Ensure systems and processes are in place to achieve


PURPOSE The objective of this report is to have Council consider a request for road closure of part of an unmade Council Public Road adjoining 8 King Street, Mittagong.

RECOMMENDATION 1. THAT Council invite a formal Application for Road Closure from the applicant

(being the owner of Lot 62 Deposited Plan 789382, 8 King Street, Mittagong) AND THAT it be noted that all costs in relation to the closure and potential future sale of the road are to be paid for by the applicant.

2. THAT Council grants consent to NSW Department of Industry – Lands (Crown

Lands) to advertise public notice of the intention to close Part King Street, Mittagong, adjacent to 8 King Street, Mittagong, for a minimum of twenty eight (28) days.

3. THAT it is noted that, if the Crown ultimately approves the closure of the

segment of unmade road adjoining 8 King Street Mittagong that Council requires that the closure is conditional upon the applicant:

a. consolidating the newly created lot following road closure with their own

property; b. paying all costs of the consolidation of titles; c. completing the consolidation within 12 months of the road closure.

4. THAT the General Manager and Mayor be delegated authority to execute under

the Common Seal of the Council the Plan of Road Closure or associated Real Property dealing in respect of the closure and sale of the segment of unformed Council Public Road adjacent to 8 King Street, Mittagong.

REPORT

BACKGROUND

King Street Mittagong was created at approximately the same time as when Oxley Drive was resumed from Lot 13 in a Crown Plan and gazetted as a Public Road on 16 October 1942. King Street is an unmaintained and unformed Council Public Road.




Page | 56

Council had previously considered and approved a similar application for road closure for the property fronting 225 Oxley Drive Mittagong (corner King Street) and, in the interim, had entered into a short term lease for the occupation of the unformed segment of road adjoining 225 Oxley Drive Mittagong (CW132/14).

The owner of 8 King Street, Mittagong recently approached Council to lease a section of King Street, Mittagong adjacent to their property whilst an Application for Road Closure is sought with NSW Department of Industry – Lands. However the Department of Industry – Lands has now advised the applicant that it will shortly commence advertising the application for the segment of road adjoining 225 Oxley Drive Mittagong (corner King Street) and, for expediency, both applications will be advertised together subject to Council consenting to the current application.

REPORT

The applicant is the owner of 8 King Street Mittagong. The applicant has requested that Council consent to the potential future closure and sale of part of the unformed road adjoining their property, with an additional request that Council grant a short term (5 year) lease over the unmade road adjoining their property, whilst the Road Closure Application is processed by the Crown.

The intent of the owners is that a short term lease will legalise their use and occupation of the unmade road, pending the road closure and sale.

In principle, Council officers support the short term lease and partial closure of the road adjoining 8 King Street, Mittagong and its subsequent sale to the adjoining owner/applicant. Council Officers usually process road closure applications for and on behalf of the Crown. In this instance, the application for closure of part of King Street adjoining 225 Oxley Drive Mittagong has been initiated by that owner direct with the Crown. For practicality, the Crown have suggested that they will complete the process for this application for closure adjoining 8 King Street Mittagong (rather than Council undertaking the necessary searches and requisite public notice and advertising etc).

If the closure of the segment of unformed road is ultimately approved by the Minister, a Plan of Road Closure will be registered creating a new title. The newly created lot (being the closed road) will be required to be consolidated with the applicant’s adjoining property at the applicant’s sole cost within 12 months of closure of the road.

LEGISLATION Pursuant to the Roads Act 1993, Council as Roads Authority is able to consider a “short- term” lease over an unmade or made public road. As King Street Mittagong is an unmade Public Road, Council has the legislative authority to grant such a lease to the adjoining owner. S.153 SHORT-TERM LEASES OF UNUSED PUBLIC ROADS (1) A roads authority may lease land comprising a public road (other than a Crown road) to the owner or lessee of land adjoining the public road if, in its opinion, the road is not being used by the public.




Page | 57

(2) However, a lease may not be granted under this Division with respect to land that has been acquired by RMS under Division 3 of Part 12 (being land that forms part of a classified road) except by RMS.

(3) A lease granted under this Division may be terminated by the roads authority at any time and for any reason. S.157 SPECIAL PROVISIONS WITH RESPECT TO SHORT-TERM LEASES (1) The term of a lease, together with any option to renew, must not exceed: (a) except as provided by paragraph (b), 5 years, or (b) in the case of a lease of land that has been acquired by the roads authority under Division 3 of Part 12, 10 years. (2) A person must not erect any structure on land the subject of a lease under this Division otherwise than in accordance with the consent of the roads authority. Maximum penalty: 10 penalty units which is $110 x 10 penalty units in accordance with s17 Crimes (Sentencing Procedure) Act 1999

(3) Such a consent may not be given unless the roads authority is satisfied that the proposed structure comprises a fence or a temporary structure of a kind that can easily be demolished or removed.

IMPACT ON COUNCIL’S FIT FOR THE FUTURE IMPROVEMENT PLAN

None identified

CONSULTATION


Public notice of the intention to close the unformed road adjacent to 8 King Street Mittagong will be advertised by the NSW Department of Industry – Lands for a minimum twenty eight (28) days, following in-principle Council endorsement.


Relevant Branch Managers

Senior Property Officer


Adjoining owner/applicant.


Environment





Page | 58

Social




Culture


Governance

There are no governance issues in relation to this report.

COUNCIL BUDGET IMPLICATIONS It is recommended that a nominal annual ‘rental’ of $550.00 including GST in the first year, be charged by Council to legalise the occupation of the part of the unmade King Street Mittagong. In accordance with other leases and licences, it is recommended that the annual fee be increased annually by CPI or 5% whichever is greater. Additionally a fee for the cost of preparing the lease over the unmade road should be charged to the applicant in the sum of $557.50 including GST, in accordance with Council’s current adopted Fees and Charges.

No funds are expended under the Local Unmaintained Roads Maintenance and Repair budget in respect of the unmade King Street Mittagong. Council’s Unmaintained Roads Policy (see below) applies to King Street Mittagong, among other roads.

RELATED COUNCIL POLICY Unmaintained Roads Policy adopted by Council 22 May 2013. In Council’s Unmaintained Roads Policy and Guidelines, it is noted that Council has an obligation to ensure that legal access is available to all lots. The policy also states that the cost of maintenance of unmade roads whether formed, unformed or unmade, is the responsibility of the land owners who use the road for access to private properties.

King Street Mittagong is defined in the Policy as an “Unmade Road – a road reserve that has had no capital improvement including clearing, formation and gravel paving.”

CONCLUSION

It is recommended that Council grant a short-term lease of the portion of the unmade King Street, Mittagong to the adjoining owner of 8 King Street, Mittagong for a maximum term of five (5) years subject to negotiation of terms and conditions by Council’s General Manager. It is considered appropriate that Council grant a short-term lease in view of the fact that that portion of the unmade King Street will be subject of a Road Closure Application. Further, this report recommends that Council consent to the NSW Department of Industry – Lands giving public notice and processing an application for road closure for the segment of




Page | 59

unformed road adjacent to 8 King Street Mittagong, provided that all costs of the closure and future sale are borne by the applicant.

ATTACHMENTS

1. Aerial Map

AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 14 December 2016

12.3 Proposed Closure of Part Unmade Road, Part King Street, Mittagong Adjacent to 8 King Street, Mittagong

ATTACHMENT 1 Aerial Map

Page | 60

ATTACHMENT 1




Page | 61

12.4 Renewal of Existing Licence Agreements, Mt Gibraltar Telecommunications Tower, 232 Oxley Drive, Bowral

Reference: PN1704893 Report Author: Senior Property Officer Authoriser: Deputy General Manager Operations, Finance & Risk Link to Delivery Program: Ensure systems and processes are in place to achieve


PURPOSE The objective of this report is to obtain Council approval for the issue of new Licence Agreements. The Agreements are required to renew arrangements with existing operating Licensees for access to the Mt Gibraltar Telecommunications Tower.

RECOMMENDATION 1. THAT the General Manager be delegated authority to negotiate agreements

relating to the renewal of existing Licence Agreements for access to the Mount Gibraltar Telecommunications Tower

2. THAT the General Manager and Mayor be delegated authority to execute and/or

to affix the Common Seal of Council to any documents relating to the renewal of existing Licence Agreements for access to the Mount Gibraltar Telecommunications Tower.

REPORT

BACKGROUND

Council is the registered proprietor of the property known as the Mt Gibraltar Telecommunications Tower at 232 Oxley Drive Bowral. The property is classified as “Community Land” pursuant to the Local Government Act 1993.

On Wednesday 13 April 2016 Council considered a report regarding a new agreement with WIN Television for the continued use and maintenance of the tower. It was resolved as follows (MN 153/16): THAT in relation to the report on the Agreement with WIN Corporation Pty Ltd, 232 Oxley Drive Bowral, Council adopts the recommendations contained within the Closed Council report – Item 22.3, as follows:

1. THAT it be noted that WIN Corporation Pty Ltd has exercised its option of the original agreement between Council and WIN Corporation Pty Ltd (formerly TWT Limited) regarding the Mount Gibraltar telecommunications tower site AND THAT in accordance with the original agreement, Council has negotiated the fees payable by WIN for the option period.




Page | 62

2. THAT the General Manager be delegated authority to execute all legal

documents necessary to give effect to the agreement for the option period negotiated between Council as property owner and WIN Corporation Pty Ltd.

Subsequently the agreement was executed and is now registered on the title to the property. The hierarchy of current operations at the Mt Gibraltar Telecommunications Tower is as follows:

COUNCIL

Property Owner & Lessor

↓

WIN TELEVISION

Lessee

Manages engineering approvals

Tower maintenance

↓

LESSSEE LICENSEES

Authorised operators with access to tower Following consideration of the Closed Committee report Tender – Telecommunications Site Manager, 232 Oxley Drive Bowral (Item 22.1), it is anticipated that Council will enter into an arrangement with the preferred interested party as a Telecommunications Site Manager (‘TSM’). The TSM will be appointed for the administration and management of the facility. The hierarchy of operations will then be as follows:

COUNCIL

Property Owner & Lessor

↓

TSM

Administration & Management of Facility for Council

↓

WIN TELEVISION

Lessee.

Manages engineering approvals

Tower maintenance

↓

LESSSEE LICENSEES

Authorised operators with access to tower




Page | 63

REPORT

With the new agreement in place with WIN Television, Council is now seeking to renew existing Licence Agreements for other users of the facility that require continued access to the tower. The licensees that have agreements due for renewal include:

Endeavour Energy

NSW Police

Ambulance NSW

New South Wales Telco Authority

Vertical Telecoms

Roads & Maritime Services

Highlands FM Radio

Metwide Communications

Berrima Buslines Group Pty Ltd

NSW Volunteer Rescue Association

The format of the licence agreements for the Mount Gibraltar Telecommunications Tower have been standardised by Council’s General Counsel. A licence agreement is negotiated to a minor extent if requested by the licensee, with the approval of the General Manager under delegated authority. The annual fees payable in respect of each licence agreement are calculated on the basis of the 2016-2017 fees set in the Final Report on Review of Rental Arrangements for Communications Towers on Crown Lands – Other Industries by the Independent Price & Regulatory Tribunal (July 2013).

This report recommends that the General Manager be delegated authority to negotiate agreements relating to the renewal of existing Licence Agreements for access to the Mount Gibraltar Telecommunications Tower. It is also recommended that the General Manager and Mayor be delegated authority to execute and/or to affix the Common Seal of Council to any documents relating to the renewal of existing Licence Agreements for access to the Mount Gibraltar Telecommunications.


None identified.

CONSULTATION


There has not been any engagement with the community. This report is dealing with the renewal of existing licence agreements to enable the continued operations by the existing licensees.




Page | 64


General Counsel

Acting Property & Projects Officer


WIN Television (as ‘head lessee’, for engineering approvals)

Endeavour Energy and its legal representative

NSW Police and its legal representative

Ambulance NSW and its representative

New South Wales Telco Authority

Vertical Telecoms

Roads & Maritime Services

Highlands FM Radio

Metwide Communications

Representatives of NSW Volunteer Rescue Association


Environment


Social

Four of the licensees that are seeking renewal of existing agreements provide critical infrastructure and essential emergency services to the Shire and beyond. The provisions of such communications have positive social impacts on health and community well-being.



Culture


Governance



The decision to renew existing licence agreements will have a positive impact on Council’s Budget; the existing licensees are able to continue operations and Council will continue to receive an income which will increase annually.




Page | 65


None identified.

CONCLUSION

It is recommended that Council approve the issue of new Licence Agreements for existing licensees that wish to renew their arrangement with Council for continued access to the Mount Gibraltar Telecommunications Tower.

ATTACHMENTS





Page | 66

12.5 Mittagong Swimming Centre - Repair Options

Reference: 6703 Report Author: Manager Projects & Contracts Authoriser: Group Manager Assets and Project Delivery Link to Delivery Program: Council actively facilities and supports the coordinated use

of existing public and private facilities to ensure equitable access

PURPOSE To present Council with a range of options for the repair of the Mittagong Swimming Centre with the intention to adopt a recommended scope of works.

RECOMMENDATION 1. THAT Council adopts Option 4 in the report and develops detailed designs for

the repair of the floor of the Learn to Swim pool and the replacement of the floor of the 50m pool at the Mittagong Swimming Centre.

2. THAT revised estimates for the proposed works be presented to Council for

consideration at the completion of detailed design.

REPORT

BACKGROUND

“In September 1928 the Municipal Council purchased from the Railway Department for £75, the old railway dam, adjacent to what is now the Sports Ground, as a site for a swimming pool. The Council, with the voluntary help of interested citizens, cleared and improved the site and on 7th February 1931 the pool was officially opened by the Mayor (Ald. G. Worner). The pool and picnic area was subsequently named Boswell Park, after Mr G. Boswell, who was President of the Swimming Club in 1930, and took an active interest in the development of the area. The Council expended £21,000 in 1959 in reconstructing the pool and dressing sheds which had fallen into disrepair, and the area has become a popular tourist attraction.”

Extract from “A History of the Berrima District: 1798 – 1973”, J. Jervis, 1978.

Investigations have revealed that the former Mittagong Shire Council, back in 1980, developed designs for the replacement of the pool floor, but it is assumed that this work was discontinued due to the merger of the Council, with Bowral Municipality and Wingecarribee Shire, which occurred 1 January 1981.

REPORT

The pools of the Mittagong Swimming Centre are essentially located in the bed of the Nattai River at Mittagong and have been subject to a number of flood events through the site since the pools were established.




Page | 67

In early June 2016, the site was subjected to inundation as the result of an east coast low rainfall event that occurred in the area. Council estimates that the rainfall was approximately a 1 in 20 year event in the catchment, which resulted in a flood event equivalent to a calculated 1 in 10 year flood through the pool site as described by the Nattai River Flood Study.

The site experienced a variety of damage as a result of inundation of the site including pool cleaners, fences, pool blankets, reels, pool ladders, vinyl liners and pool plant. In addition, water pressure from the flooding under the pools resulted in the structural failure of the floor of the Learn to Swim (LTS) pool.

It should be further noted that as the original pool structure was constructed in 1959 the pools were essentially 57 years old and generally the estimated design life of a well-constructed reinforced concrete structure is usually around 50 years. On investigation, the pool shells would not be described as well constructed reinforced concrete structures.

Options

Following receding of the floodwaters it was apparent that the floor of the LTS pool had lifted in a number of areas and the structure of the pool appeared insufficient.

The following basic options for repair on the Centre have been considered in the development of this report including:

Reline the 50m pool and not immediately repair the LTS pool: Minimal repair option to allow the centre to operate with the 50m pool and toddlers pool and water toys.

Reline 50m pool and repair LTS pool: Minimal repair option to provide full functionality for the Centre.

Repair floors of both 50m and LTS pools: Intended to address potential structural issues with the 50m pool as well.

Complete rebuilding of the 50m pool shell to modern construction standards. Discounted as this is possibly a $2.5M option with the other repairs.

Various alternatives within these basic options have been considered for the report.

Further Investigations

Council engaged a structural engineer to investigate the site and a section of the floor of the LTS pool was removed and two core holes were made in the floor of the 50m pool to assess the structures and carry out geotechnical investigations.

The recommendation from the engineers report stated the following for the pools:

“5.1 Recommendation on the 25m Pool It is our opinion that the 25m pool base slab is beyond repair and a new suspended base slab with reinforced concrete piles should be constructed to prevent buoyancy load in the future. A concept design of this suspended base slab is attached in Appendix B. Budget estimate could be obtained based our concept design drawings. 5.2 Recommendation on the 50m Pool No obvious structural defect caused by the flooding was noted at the time of our inspection; following options should be considered,

Option 1: Re-lining the swimming pool with vinyl/fibreglass without any joint rectification Cracking to the new lining material along slab panel joints will be a reoccurring issue

Option 2: Retrofit new dowel bar system prior to vinyl lining replacement




Page | 68

This will terminate the possibility of future cracking to the lining material; however the cost of this rectification is high (approximately $2,000 per linear metre) and this will have to be carried out to all existing slab panel joints.

Option 3: Apply suitable flexible jointing system over existing slab panel joint This will be the cheaper option per linear metre (approx. $1,000 per linear metre); however, a localised “bump” will be present along the entire length of existing slab panel joints. As discussed previously, all 3 options above will not prevent ongoing corrosion to existing reinforcement inside the base slab and aging of the base slab. Therefore, rebuilding of the swimming pool base slab should also be considered as 4th Option.

Option 4: Re-building the new swimming pool base slab Due to the age of the 50m swimming pool slab, it is our opinion that rebuilding of the base slab may be one of the feasible options to consider.”

Discussion

As advised by the structural engineers report, the floor of the LTS pool is beyond repair and will need to be replaced with a new suspended base slab with reinforced concrete piles which will provide protection from buoyancy or uplift hydraulic load in the future.

Following investigations of the 50m pool floor it was discovered that sections of the concrete were relatively thin (~80mm thick) and only contained a fine 5mm thick reinforcement steel near or at the bottom of the slab. Therefore, the build quality of the 50m pool is not any better than the quality of the LTS pool that was destroyed in the flood. To put this in perspective, the recently completed Moss Vale War Memorial Aquatic Centre pools have 250mm thick concrete with two layers of 12mm thick reinforcement in the pool floors, so the Mittagong pool floors are under specification for modern engineering requirements.

As presented in the recommendations from the Structural Engineer in the previous section, it has been suggested that four options are available to Council for consideration for the rehabilitation of the 50m pool:

Option 1: Re-lining the swimming pool with vinyl/fibreglass without any joint rectification

While the vinyl liner previous rectified the water leaks from the pools, the water coming in through the floor of the pools during the flood event resulted in the liner lifting and being damaged. This is not a recommended method to repair the pools. Similarly, with fibreglass lining the movement of the individual pool slabs will result in cracking and failure of the lining and so is not recommended for consideration. This option will not prevent ongoing corrosion of the existing reinforcement in the pool floors.

Option 2: Retrofit new dowel bar system prior to vinyl lining replacement

Intention is to prevent the individual slabs that form the pool from moving independently. While a sound option structurally, it is not considered the most viable option as the lack of thickness of the existing slabs will not provide sufficient protection from water ingress into the slabs (usually a minimum of 50mm) and so there is increased potential for corrosion of the dowels. In addition, due to the thickness of the floor slabs there is potential for the uplift pressure during flood events to lift the slabs and tear out the dowels due to a lack of cover. This option will also not prevent ongoing corrosion of the existing reinforcement in the pool floors.

Option 3: Apply suitable flexible jointing system over existing slab panel joint

This is proposed as an alternative to simply fix the joints in the existing pool floor to make them watertight and prevent the slabs from moving independently. Due to the thickness of the existing floor slabs the joints would result in bumps in the floor of the pool as they




Page | 69

would be built into the top of the slabs. The bumps could be removed by, for example, tiling the floor of the pool to bring the floor up to the level of the joints. Again, this option will also not prevent ongoing corrosion of the existing reinforcement in the pool floors.

Option 4: Re-building the new swimming pool base slab

The intention is to remove the existing pool floor and replace with a new structural concrete floor. This will remove the existing issues with the independent floor slabs and corroding reinforcement. Removal of the floor will allow the installation of subfloor drainage to remove water from under the floor and allow a vapour barrier to be installed under the floor to protect the reinforcement from water ingress in the slab.

It is recommended that a vinyl liner be utilised as the surface finish for the pools as the existing wall can still potentially leak. The new pool floors will prevent lifting of the liner by water ingress and the vinyl can be attached to the walls to prevent lifting by flood waters running across the site. This is considered a less expensive surface finish than fully tiling the pools, which will still be subject to cracking and dislodging by the movement of the pool walls and will by more durable than an epoxy rubber painted surface that will also be subject to cracking by the movement of the walls.

This is considered to be the most appropriate long term solution for the rehabilitation of the pool.

Other Matters

As a result of the flooding through the site there are a number of additional repairs that will need to be undertaken as a result of damage that occurred including:

Repair fencing;

Replace ladders;

Repair Roller shutter;

Replace tiles;

Lane ropes / reels (the existing lane ropes may possibly be reused, but the reels are damaged);

Pool blankets / reels (at least one blanket is damaged, some of the pool blankets may be reused, but the reels are damaged);

As part of the previous scheme for the swimming centre it was determined that Council would develop a landscaping plan for the site. The repair of the pools would also be an ideal opportunity to reinvigorate the landscaping of the Centre, eg, remove the old concrete post retaining walls. It would be possible to get a concept landscaping design prepared for the Centre and undertake the works while the pool repairs are being undertaken.

Pools Strategy

The damage at Mittagong Pool is an example of the failure of an element of aging Council infrastructure. Council’s other outdoor Centres are also aging with Bundanoon Swimming Centre opened in 1960 and Bowral Swimming Centre opened in 1971.

Council should also develop of a Swimming Centre Strategy for consideration of the long term future of Council’s swimming facilities. This would be a long term strategy that should involve significant community consultation for its development.




Page | 70


The failure of the pool was not anticipated and so these works are not in Council’s plans for consideration. The works would involve the renewal of an existing asset.

CONSULTATION


There has been no community consultation in relation to the proposals contained in this report. The Community have been notified that Mittagong Pool is closed until further notice.


Deputy General Manager Operations, Finance & Risk, Group Manager Assets & Project Delivery, Chief Financial Officer, Pools & Facilities Supervisor, Pools & Facilities Team Leader.


Icon Building Group and associated consultants

Cardno Pty Ltd (Structural Engineers).


Environment


Social

Mittagong Swimming Centre is a much loved community facility and in the past has been our most utilised swimming centre.



Culture


Governance



The estimate for the works will be provided following detailed design and then again when tenders for the project are received.

As the structural failure of the pool was unanticipated, Council does not have a budget allocation assigned for the repair of the Centre. Because of the location of the Centre, Council has been denied insurance cover for the repair of the facility.




Page | 71

Therefore funding sources for the repair work at the Centre will need to be allocated.

The following funding options are suggested for the consideration of Council:

There is currently approximately $630k set aside as a grant to the Hockey Association for the construction of the second synthetic hockey field at Welby Heights. This funding was set aside a number of years ago and the Hockey Association has been endeavouring to source alternative funding for the project through the State Government. Options for funding of this project can be considered when the hockey field project is ready to proceed.

The remainder of the project could be funded from the Capital Projects Reserve.


Nil

OPTIONS


Option 1

Full repair of the Centre including replacement of the pool floors in both the LTS and 50m pools. (Option 4 above)

Option 2

Staged repair of the Centre to spread the cost of the repairs over two financial years. For example, repair the 50m pool and recommission the water play and toddlers pool and leave the LTS pool for the following financial year.


CONCLUSION

The structural failure of the pools during the June storm was an unanticipated event.

As advised by the structural engineers report, the floor of the LTS pool is beyond repair and will need to be replaced with a new suspended base slab with reinforced concrete piles which will provide protection from buoyancy or uplift hydraulic load in the future.

While the 50m pool did not fail during the flood event, ensuing investigations have revealed that the structural integrity of the floor is of poor quality and simply repairing the LTS pool floor may then result in the failure of the 50m pool in a future flood event as the floor construction is of a similar quality.

A structural engineer has examined the pools and made recommendations in respect to options available to Council for the repair of the pools.

Following review of the recommendations, it is being recommended that Council develops plans for the replacement of the floors to both the LTS pool and the 50m pool.




Page | 72

ATTACHMENTS





Page | 73

12.6 Funding Request by Illawarra Academy of Sport for MVWMAC Memberships for Wingecarribee Scholarship Recipients

Reference: 6600/5 Report Author: Organisational Support Officer Authoriser: Deputy General Manager Operations, Finance & Risk Link to Delivery Program: Provide structure in the Shire to encourage physical

activities and enable access

PURPOSE The purpose of this report is to seek Council’s determination in regards to the Illawarra Institute of Sport’s funding request for 21 Moss Vale War Memorial Aquatic Centre (MVWMAC) memberships for scholarship students from the Wingecarribee local government area.

RECOMMENDATION THAT Council determines its position in regards to the funding request made by the Illawarra Academy of Sport.

REPORT

BACKGROUND

The Illawarra Academy of Sport (IAS) provides sport development and education services to talented young athletes across the Illawarra with the view to producing elite level athletes. In 2016 the Academy’s core scholarship program includes 10 local athletes from the Wingecarribee Shire.

REPORT

Council has supported the IAS for many years with an annual financial contribution of $10,000 plus CPI increase for the operation of the Academy in support of local scholarship recipients as well as a Mayoral reception and dinner for their board of directors each year. This year in addition to the annual contributions, the IAS has requested for the 2017 year Council provides memberships for 21 local IAS scholarship athletes at an additional cost to Council of $14,700 plus GST.


There are no foreseeable affects to Council’s Fit for the Future Improvement Plan




Page | 74

CONSULTATION


There has been no Community Consultation


General Manager Deputy General Manager Operations Finance and Risk Pools and Facilities Supervisor


There has been no External Consultation


Environment


Social

Supporting the development of local athletes through the provision of scholarship resources enables less fortunate talented youth in our community the opportunity to achieve their sporting dreams.



Culture


Governance



The Contingency Fund has been identified as a suitable funding source with a current balance of $23,038. Should Council support the IAS request to fund MVWMAC memberships to the value of $14,700 the balance remaining in the Contingency Fund will be $8,338.


Nil




Page | 75

OPTIONS


Option 1

That Council supports the request from the IAS for free membership for 21 local IAS Scholarship Athletes at a cost of Council of $14,700 + GST and that funding be sourced from the Contingency Fund. Should Council support this request the balance remaining in the Contingency Fund will be $8,338.00.

Option 2

That Council determine an alternate level of support.

CONCLUSION The purpose of this letter is to seek Council’s determination in regards to the Illawarra Institute of Sport’s funding request for 21 Moss Vale War Memorial Aquatic Centre (MVWMAC) memberships for 21 scholarship students from the Wingecarribee local government area in the amount of $14,700 + GST. This matter is submitted for Council’s determination.

ATTACHMENTS

1. Letter from Illawarra Academy of Sport dated 6 December 2016 John Burgess A/Deputy General Manager Operations, Finance & Risk Friday 9 December 2016


12.6 Funding Request by Illawarra Academy of Sport for MVWMAC Memberships for Wingecarribee Scholarship Recipients

ATTACHMENT 1 Letter from Illawarra Academy of Sport dated 6 December 2016

Page | 76

ATTACHMENT 1




Page | 77

13 CORPORATE STRATEGY & DEVELOPMENT SERVICES

13.1 Development Applications Determined 24 October 2016 to 24 November 2016

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

Services Link to Delivery Program: Retain and make more distinctive the special qualities that

make each town or village unique

PURPOSE The purpose of this report is to update Councillors on Development Applications Determined in the period 24 October 2016 to 24 November 2016.

RECOMMENDATION THAT the information relating to the list of Development Applications Determined 24 October 2016 to 24 November 2016 be received and noted.

Application

ID Primary Property Owner Description

Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

1 14/1328

11 Clarke Street Bowral NSW 2576 Lot 1 DP 1041999 and 5 Cliff Street

Bowral NSW 2576 Lot 8 DP 702375

Oriental Cool Pty Ltd and Windsor Castle Holdings

Pty Limited

Construction of a 16 Dwelling Multi

Dwelling Development

19/12/2014 92 585 677

26/10/2016 COURT

DETERMINED - REFUSED

2 15/0129.03

96 Old Hume Highway Yerrinbool NSW 2575 Lot 4 DP

11780

TK Van Stellingwerff

Section 96 Modification (variation to fence height)

26/9/2016 0 35 35 31/10/2016

3 15/0434.02

96 Bowral Road Mittagong NSW 2575 Lot 1 DP

1187383

Nusuna Pty Ltd

Section 96 Modification

(increase in shop area, 2 additional

car spaces and increased front

landscaping)

06/09/2016 0 65 65 10/11/2016

4 15/0633.03

153 Merrigang Street Bowral NSW

2576 Lot 1 DP 575807

PM Weate, MJ Barr


(staging development)

30/09/2016 0 35 35 04/11/2016




Page | 78

Application


Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

5 15/0772.01 68 Biggera Street

Braemar NSW 2575 Lot 9 DP 1172869

DC Williams


(various modifications

including stormwater, rail noise, hedging, street trees and

easements)

19/10/2016 0 35 35 23/11/2016

6 15/1117.02 20-26 Pearce Street Hill Top NSW 2575

Lot 28 DP 13533

R Zimmer, V Zimmer


(Enlargement of Building Envelope

on Lot 3)

20/09/2016 0 49 49 14/11/2016

7 15/1197.02

6 Barton Close Mittagong NSW 2575 Lot 7 DP

1213476

BL Creswell-Young


(floor plan change)

10/11/2016 0 8 8 18/11/2016

8 15/1210.03 5 Carmen Ln Exeter NSW 2579 Lot 3 DP

1189585 SV Skrbinsek


(boundary planting species change to olive

trees and carport extension)

29/08/2016 0 54 54 24/10/2016

9 15/1229.04 118 Burradoo Road Burradoo NSW 2576

Lot 8 DP 270382

B Staroselsky, E Staroselsky

Section 96 Modification (addition of

retaining wall)

01/11/2016 0 21 21 22/11/2016

10 15/1248

Church 7 Browley Street Moss Vale

NSW 2577 Lot 4 DP 546432

Part Lot 8 Sec 2 DP 38

Presbyterian Church Prop Trust

Alterations and Additions to

Dwelling 18/12/2015 281 52 333 18/11/2016

11 15/1261

14-18 May Street Robertson NSW 2577 Lot 134 DP

751302

WJ Salmond, SL Salmond

Staged 10 Lot Residential Subdivision

21/12/2015 183 149 332 18/11/2016

12 15/1300.02 13 Boronia Street Bowral NSW 2576 Lot B DP 375751

PJ Watson, AK Watson


(reduction in roof size & new deck)

13/10/2016 0 17 17 01/11/2016

13 16/0028

Woodlands Road Woodlands NSW

2575 Lot 1 DP635041 & Lot 15 DP711469 & Lot 5

DP1122717 & Enclosure Permit

43414

NJ Snowden Alterations and

Additions to Fire Station

20/01/2016 258 44 302 17/11/2016




Page | 79

Application


Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

14 16/0034.04 22-24 Church Road

Moss Vale NSW 2577 No related land

Tipglen Pty Limited


(move dwelling 2m)

09/11/2016 0 7 7 17/11/2016

15 16/0117.02 34 Greenhills Road Berrima NSW 2577

Lot 9 DP 242793

MN Moore, CD Moore

Section 96 Modification (internal roof

structure)

27/10/2016 0 13 13 09/11/2016

16 16/0361

Central Hotel 439 Argyle Street Moss

Vale NSW 2577 Lot 5 DP 790895

KRNC Bros Investments Pty

Limited

Woolworths Supermarket

29/04/2016 27 179 206 22/11/2016

REFUSED

17 16/0404 5 Railway Parade

Wingello NSW 2579 Lot 2 DP 1212578

JP Beasley New Dwelling 13/05/2016 106 68 174 04/11/2016

18 16/0427

Galbraith Valley Wildlife Refuge 262

Spring Hill Road Meryla NSW 2577 Lot 8 DP 751281 -

Subject to Voluntary Conservation Agreement

FE Hanson New Dwelling 24/05/2016 58 97 155 27/10/2016

19 16/0454 110 Oxleys Hill Road

Bowral NSW 2576 Part Lot 1 DP 358488

SM Clutton

Alterations and Additions to dwelling and

secondary dwelling

02/06/2016 109 42 151 01/11/2016

20 16/0492.03

472 Argyle Street Moss Vale NSW

2577Lot 1 DP 977277

Polly's Pies Property Pty Ltd

Section 96 Modification (relocation of

disabled toilet, wall finish change)

04/10/2016 0 49 49 22/11/2016

21 16/0505

4 Lucas Street Bundanoon NSW

2578 Lot 1 DP 105293

Lot 25 DP 8906

R Camplin New Dwelling 20/06/2016 0 128 128 26/10/2016

22 16/0510

2 Currockbilly Street Welby NSW 2575

Lot 1 DP 805880 (On Cnr Old Hume

Highway)

CMA Rodrigues, FM Rodrigues

Alterations and additions to shed

21/06/2016 94 31 125 25/10/2016

REFUSED

23 16/0531

232 Old Hume Highway Mittagong NSW 2575 Lot B DP

390215

CB Worner Retail Outlet

(vehicle repair workshop)

29/06/2016 71 63 134 11/11/2016




Page | 80

Application


Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

24 16/0548

Satori Springs 250 Tugalong Road

Canyonleigh NSW 2577 Lot 12 DP

262109 Vol 14628 Fol 00208

GK Blanchard, JM Blanchard

10 bedroom group home (transitional)

01/07/2016 41 75 116 26/10/2016

25 16/0551

6 Bourne Close Mittagong NSW 2575 Lot 11 DP

248417

D Mulquiney 2 Lot Subdivision 04/07/2016 84 36 120 02/11/2016

26 16/0601 Greasons Road

Bundanoon NSW 2578 Lot 25 DP 9134

SE Potter Four lot

subdivision 14/07/2016 0 111 111 03/11/2016

27 16/0604

135 Kells Creek Road Woodlands NSW

2575 Lot 4 DP 262322

Lot 1 DP 1176632

Bytenew Pty Limited

Alterations and Additions (Cellar

Door) 15/07/2016 96 26 122 15/11/2016

28 16/0650 10 Cardigan Street

Balaclava NSW 2575 Lot 14 Sec 9 DP 841

PC Wilson, KJ Wilson

2 Lot Subdivision 28/07/2016 0 111 111 17/11/2016

29 16/0657

Oriel Park 3 Barrett Street Burrawang

NSW 2577 Lot 90 DP 1172026

MR Maloney Boundary

Adjustment 29/07/2016 0 88 88 28/10/2016

30 16/0670 7 Hamilton Avenue Bowral NSW 2576 Lot 82 DP 1065886

Rosemary Pty Limited


Dwelling 03/08/2016 50 49 99 11/11/2016

31 16/0677.03

5 Louisa Street Mittagong NSW 2575 Lot 3 DP

340615

SMJ Knight


(increase area of rear deck)

12/10/2016 0 30 30 11/11/2016

32 16/0687

3 Oaklands Street Mittagong NSW 2575 Lot 63 DP

1006933

TT Vassie 2 Lot Subdivision 05/08/2016 0 80 80 25/10/2016

33 16/0688

65 Railway Avenue Bundanoon NSW 2578 Lot 11 DP

811999

RS & AM Shead Holdings Pty Ltd

Alterations and additions to Commercial

premises

05/08/2016 0 101 101 17/11/2016

34 16/0703 34 Oldbury Street

Berrima NSW 2577 Lot 1 DP 1213372

JM Jacquet, AL Jacquet

New Dwelling 09/08/2016 16 77 93 11/11/2016

35 16/0706 30 Mansfield Road Bowral NSW 2576 Lot 1 DP 1189022

WJ Robinson, R Gordon

New Dwelling 10/08/2016 66 37 103 22/11/2016

36 16/0712

8 Drapers Road Willow Vale NSW

2575 Lot 41 DP 1222926

SL De Horne, DJ De Horne

New Dwelling 12/08/2016 43 55 98 18/11/2016




Page | 81

Application


Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

37 16/0728

Water Reservoir Old South Road Bowral

NSW 2576 Lot 51 DP 1141888

Wingecarribee Shire Council

30mTelecommunication Facility

15/08/2016 0 92 92 16/11/2016

38 16/0733 Percy Street Hill Top NSW 2575 Lots 47-49 Sec 48 DP 1349

PM Martin New Dwelling 16/08/2016 77 20 97 22/11/2016

39 16/0734 8 Bonnie Glen


KJ Joselin, CJ Crawley

Home Industry (personal training)

17/08/2016 0 71 71 27/10/2016

40 16/0736 65 Railway Parade

Balmoral NSW 2571 Lot 8 Sec 1 DP 2500

M Savvas, AJ Desisto

Resited Dwelling 18/08/2016 54 42 96 22/11/2016

41 16/0742.01

37 Kells Creek Road Woodlands NSW

2575 Lot 2 DP 751275

Lot 23 DP 751275 Lot 6 DP 729209

Lot 7 DP 729209 and 1 more

Leicester Park Stud Pty Limited


(pool pavilion) 06/10/2016 0 29 29 04/11/2016

42 16/0752

245 Argyle Street Moss Vale NSW 2577 Lot 7 DP

832397

DA Mackay, DJ Mackay

Sign/Fixed Advertisements

22/08/2016 0 63 63 25/10/2016

43 16/0754

45 Hoskins Street Moss Vale NSW 2577 Lot 1 DP

781256

DJ Sidebottom 2 Lot Subdivision 22/08/2016 0 65 65 27/10/2016

44 16/0757

15 Coachwood Place Robertson NSW 2577 Lot 124 DP

1037958

TJ Houghton, R Houghton


Dwelling (Swimming Pool)

23/08/2016 50 29 79 11/11/2016

45 16/0764


1213476

MB Townsend, DJ Townsend

New Dwelling 24/08/2016 75 13 88 21/11/2016

46 16/0767

45 Mt Jellore Lane Woodlands NSW

2575 Lots 149 & 162 DP751275 - Licence

499588

CS Mullett, MJ Mullett

Outbuildings Continued Use

24/08/2016 60 28 88 21/11/2016

47 16/0772

Ringwood Lane Exeter NSW 2579

Lot 3 DP 8812 Lot 1 DP 183599

AA Barnes New Dwelling and

Secondary Dwelling

25/08/2016 57 20 77 10/11/2016

48 16/0777 39 Highland Drive Bowral NSW 2576 Lot 221 DP 847072

L Olsen Alterations and

Additions to Dwelling

26/08/2016 0 68 68 03/11/2016




Page | 82

Application


Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

49 16/0779

1213 Kangaloon Road Kangaloon

NSW 2576 Lot 1 DP 777978

JW Ferguson, SM Ferguson

New Dwelling 26/08/2016 0 67 67 02/11/2016

50 16/0789 3 King Street Hill Top NSW 2575 Lot 3456

DP 1178348 AK Irwin

Outbuildings (garage)

29/08/2016 0 65 65 04/11/2016

51 16/0801

6 Edward Street Bowral NSW 2576

Lot 14 Sec B DP 11838

K Macaulay-Black Alterations and


31/08/2016 0 68 68 08/11/2016

52 16/0802

42A May Street Robertson NSW 2577 Lot 7 DP

1093737

MR Haider, E Haider

New Dwelling 31/08/2016 35 27 62 02/11/2016

53 16/0803

21 Oldbury Street Berrima NSW 2577

Lot 6 Sec 26 DP 758098

LA Brownbill


Dwelling (ground floor addition)

31/08/2016 0 69 69 09/11/2016

54 16/0808

24 Railway Parade Mittagong NSW 2575 Lot A DP

379939

DJ Hancock, SJ Hancock


Dwelling 01/09/2016 0 68 68 09/11/2016

55 16/0814 1 Cardigan Street

Balaclava NSW 2575 Lot 5 Sec 10 DP 841

SJ Shepherd, KK Shepherd

Six lot subdivision 01/09/2016 0 55 55 27/10/2016

56 16/0816

52 Bulwer Road Moss Vale NSW

2577 Lot 14 Sec F DP 2810

FJ Shannon, JM Roberts


Dwelling (and new studio)

02/09/2016 28 25 53 08/11/2016

57 16/0832

Ashford Park 37A Osborne Road

Burradoo NSW 2576 Lot 8 DP 882132

Lot 9 DP 1075541

SA Largier Alterations and


06/09/2016 0 40 40 27/10/2016

58 16/0845

12 Gascoigne Street Willow Vale NSW

2575 Lot 1 Sec 16 DP 792

JL Foale, DK Foale

New Dwelling 08/09/2016 0 61 61 09/11/2016

59 16/0849 4 Minnows Drive


CB Wooderson, KL Lewis

Temporary Use – four long table

lunch events for one year

08/09/2016 0 45 45 28/10/2016

60 16/0852

15 Spencer Street Mittagong NSW 2575 Lot 133 DP

1079223

BH Bell, AR Bell

New Dwelling 09/09/2016 0 60 60 09/11/2016

61 16/0858 27 Charles Street Hill Top NSW 2575 Lot 3

DP 1217552

Dickinson Property Group

New Dwelling 12/09/2016 13 58 71 22/11/2016




Page | 83

Application


Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

62 16/0867

1318 Joadja Road Joadja NSW 2575 Lot

1 DP1142305 & EP 43433

W Smith, FJ Gerhardus

Smith New Dwelling 13/09/2016 0 58 58 11/11/2016

63 16/0874

24-26 Cascade Avenue Yerrinbool NSW 2575 Lot 162

DP 11780

PJ Ryan, JD Ryan

Outbuildings (Shed)

15/09/2016 0 48 48 02/11/2016

64 16/0877 44 Centennial Road Bowral NSW 2576 Lot 2 DP 253716

JA Buttenshaw, GR Buttenshaw


Dwelling 16/09/2016 0 38 38 24/10/2016

65 16/0878

Caravan Park 1 Old Hume Highway Mittagong NSW

2575 Part Lot 1 DP 724437


Demolition of Office and residence -

replacement of relocatable house

and Office.

16/09/2016 0 42 42 28/10/2016

66 16/0879

38 Village Road Sutton Forest NSW

2577 Lot 4 DP 243528

HS Dick Secondary Dwelling

16/09/2016 0 42 42 28/10/2016

67 16/0881

12 Windsor Crescent Moss Vale NSW 2577 Lot 125 DP

1056257

PJ Riley, D Riley

Outbuildings (shed)

16/09/2016 0 39 39 25/10/2016

68 16/0886 6 Purcell Street

Bowral NSW 2576 Lot B DP 362625

R Sheppard, CC Sheppard

New Dwelling 20/09/2016 0 44 44 03/11/2016

69 16/0890

94-96 Old South Road Bowral NSW

2576 Lot 23 DP 13235

Lot 2 DP 535086

GL Carless

New Dwelling - Demolition of

existing residence.

21/09/2016 29 19 48 09/11/2016

70 16/0894

291 Wombeyan Caves Road

Woodlands NSW 2575 Lot 2 DP

1036241

P Lindsay, AR Lindsay

Boundary adjustment

21/09/2016 0 34 34 25/10/2016

71 16/0912

57 Burrawang Street Robertson NSW 2577 Lot 4 DP

625062

MDJ Sa, CT Kennedy-Sa

Manufacture of beer in existing

shed 27/09/2016 0 35 35 01/11/2016

72 16/0915 60 Colo Road Colo Vale NSW 2575 Lot

112 DP 1217367

JM O'Connell, AR Davies

Outbuildings (shed)

27/09/2016 45 12 57 24/11/2016

73 16/0916 9 Orchid Street Colo Vale NSW 2575 Lot 15 Sec 8 DP 2389

A Murray, MR Murray


Dwelling 27/09/2016 0 31 31 28/10/2016




Page | 84

Application


Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

74 16/0921

136E Merrigang Street Bowral NSW

2576 Lot 5 DP 1211397

KA Clayton, D Clayton

Dual occupancy (attached)

28/09/2016 0 42 42 10/11/2016

75 16/0924

136A Mittagong Road Bowral NSW 2576 Lot 152 DP

1209641

RP Arlington New Dwelling 29/09/2016 27 24 51 21/11/2016

76 16/0927 7 Taylor Street

Berrima NSW 2577 Lot 8 DP 216552

GJ Harvey, KE Harvey


Dwelling 29/09/2016 0 34 34 03/11/2016

77 16/0931 25 Cliff Street


RW Clarke, JE Clarke

Outbuildings (continued use)

29/09/2016 0 35 35 04/11/2016

78 16/0939

6 Yarrawa Street Moss Vale NSW 2577 Lot 12 DP

14457

AJ Powell


Dwelling (update bathroom, repair sunroom's walls

and roof)

04/10/2016 0 42 42 16/11/2016

79 16/0941 110 Wilson Drive

Buxton NSW 2571 Lot 1 DP 1093488

CH Johnston, KM Johnston

Outbuildings (shed)

04/10/2016 0 36 36 10/11/2016

80 16/0942

90 Oxley Drive Mittagong NSW 2575 Lot 3 DP

621654

JA Drabble Outbuildings

(pool) 04/10/2016 0 27 27 31/10/2016

81 16/0943 6A Ella Street Hill

Top NSW 2575 Lot 22 DP 1224168

SJ McMahon, RT McMahon

New Dwelling 04/10/2016 19 23 42 16/11/2016

82 16/0944

255-261 Bong Bong Street Bowral NSW

2576 Lot 11 DP 547653

Marthel Holdings Pty Ltd

Food and drink premises (Cafe)

04/10/2016 0 23 23 28/10/2016

83 16/0952 36 Browley Street Moss Vale NSW

2577 Lot 5 DP 14457 MP Pownall

Alterations and Additions to Dwelling &

Continued use of existing structure

05/10/2016 0 47 47 22/11/2016

84 16/0954

3 Ellsmore Road Bundanoon NSW

2578 Lot 25 Sec 1 DP 1307

Lot 26 Sec 1 DP 1307

J Heffernan Alterations and


06/10/2016 0 33 33 09/11/2016

85 16/0955 31 Balaclava Street

Balaclava NSW 2575 Lot 10 DP 1220081

GR Loveday, BM Hitchenor

New Dwelling 06/10/2016 0 17 17 24/10/2016

86 16/0958 19 Young Road Moss Vale NSW 2577 Lot 4

DP 1222061

WG Guy, KD Foley

New Dwelling 06/10/2016 0 41 41 17/11/2016




Page | 85

Application


Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

87 16/0960

4/2-4 Carrington Street Bowral NSW

2576 Lot 4 S/P 45867

RA Mockett, PA McCartin

Room Enclosure 07/10/2016 9 31 40 17/11/2016

88 16/0961 41 Colo-Hilltop Road Hill TOP NSW 2575 Lot 4 DP 1189861

JL Gauci, MD Cunich

New Dwelling 07/10/2016 0 21 21 28/10/2016

89 16/0964

18 Thomas Street Mittagong NSW

2575 Lot 8 Sec 20 DP 111201

SA Gadsby, J Gadsby


Dwelling 10/10/2016 0 25 25 04/11/2016

90 16/0967 9 Thornbill Crescent Braemar NSW 2575 Lot 221 DP 1223682

LE Weller New Dwelling 10/10/2016 0 15 15 25/10/2016

91 16/0968

244 Bundanoon Road Exeter NSW

2579 Lot 1 DP 1096509

JP Taylor, AH Taylor

New Dwelling 10/10/2016 0 31 31 11/11/2016

92 16/0970

11 Thornbill Crescent Braemar NSW 2575 Lot 220

DP 1223682

VRB Investments Pty Ltd

New Dwelling 10/10/2016 0 18 18 28/10/2016

93 16/0971 183 Ringwood Road

Exeter NSW 2579 Lot 3 DP 1013343

SA Murray-Leslie, AW Goulder

Outbuildings (pool)

10/10/2016 0 23 23 02/11/2016

94 16/0973

15 Funston Street Bowral NSW 2576

Lot 24 Sec D DP 2630

OE Jamal, JS Hall

Resited Dwelling 11/10/2016 0 40 40 21/11/2016

95 16/0974

17 Hambridge Road Yerrinbool NSW 2575 Lot 37 DP

10033 Lot 38 DP 10033

AM Melide Outbuildings

(pool) 11/10/2016 0 23 23 03/11/2016

96 16/0977

12 Denham Close Moss Vale NSW 2577 Lot 22 DP

263584 Lot 21 DP 263584

TJ Scott, BM Scott

New Dwelling 12/10/2016 0 22 22 03/11/2016

97 16/0980 534 Murrimba Road Wingello NSW 2579

Lot 1 DP 834700 NM Guy

Outbuildings (shed)

12/10/2016 0 23 23 04/11/2016

98 16/0994 53 Burradoo Road


JM Lawson, AJ Lawson


Dwelling 14/10/2016 0 27 27 10/11/2016

99 16/0996 208 Oxleys Hill Road


Cate Investments Pty Limited


Dwelling 17/10/2016 0 18 18 04/11/2016




Page | 86

Application


Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

100 16/0998

Toscana 37 Greenhills Road

Sutton Forest NSW 2577 Lot 18 DP

554041

C Staciwa, JR Staciwa

Outbuildings (shed)

17/10/2016 0 30 30 17/11/2016

101 16/0999

17 Kent Street Yerrinbool NSW 2575 Lot 305 DP

1172501

DB McCann, KL Swanston

Outbuildings (shed)

17/10/2016 0 23 23 10/11/2016

102 16/1000 301 Old Argyle Road


Explorer Drilling Co Pty Ltd

Outbuildings (shed)

17/10/2016 0 17 17 04/11/2016

103 16/1005 13 Henrietta Street Braemar NSW 2575 Lot 207 DP 1223682

K McFarlane, GJ Bentley

New Dwelling 18/10/2016 0 21 21 09/11/2016

104 16/1006

63 Old Kangaloon Road Robertson

NSW 2577 Lot 3 DP 244410

CJ Shiels, EAM Shiels

Home Industry (water extraction)

18/10/2016 0 31 31 18/11/2016

REFUSED

105 16/1007

15 Vale View Avenue Moss Vale NSW 2577 Lot 66 DP

1218966

MA Reurich, GP Reurich,

R Power New Dwelling 18/10/2016 0 27 27 14/11/2016

106 16/1008 54 Osborne Road


AC Campbell Outbuildings

(pool) 18/10/2016 0 17 17 04/11/2016

107 16/1016

16 Larkin Close Bundanoon NSW 2578 Lot 32 DP

1102297

EM Wydmuch, PS Wydmuch


Dwelling 20/10/2016 0 32 32 22/11/2016

108 16/1019 15 School Lane


RW Beers, JA Beers


Dwelling 21/10/2016 0 19 19 09/11/2016

109 16/1020

5203 Illawarra Highway Burrawang NSW 2577 Lot 2 DP

589730

PR Slattery, BL Slattery


Dwelling 24/10/2016 0 30 30 23/11/2016

110 16/1025 18 Elizabeth Street


DM Zaple, AJ Zaple


Dwelling (replacing pergola

roof)

24/10/2016 0 23 23 16/11/2016

111 16/1027

21 Semkin Street Moss Vale NSW 2577 Lot 24 DP

262845

JJ Crawley, ER Crawley

Outbuildings (shed)

24/10/2016 0 24 24 18/11/2016

112 16/1029


1213476

MR Stevens New Dwelling 26/10/2016 13 8 21 17/11/2016




Page | 87

Application


Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

113 16/1030


2578 Part Lot 3 DP 262048

J Arregui, VA Arregui


Dwelling 26/10/2016 0 27 27 22/11/2016

114 16/1031 7 Lilac Avenue


CF Magill Alterations and


26/10/2016 0 22 22 17/11/2016

115 16/1032 Greasons Road

Bundanoon NSW 2578 Lot 25 DP 9134

SE Potter New Dwelling 26/10/2016 0 21 21 16/11/2016

116 16/1035

650 Sallys Corner Road Exeter NSW

2579 Lot 6 DP 1179540

J Scott New Dwelling 27/10/2016 0 15 15 11/11/2016

117 16/1036

17 Hurlingham Avenue Burradoo

NSW 2576 Lot 3 DP 259638

Z Farah, A Courtney


Dwelling 27/10/2016 0 12 12 09/11/2016

118 16/1041

5 Whitton Close Moss Vale NSW 2577 Lot 60 DP

1218966

D Maliverney New Dwelling 28/10/2016 0 26 26 23/11/2016

119 16/1045 7 Orchid Street Colo Vale NSW 2575 Lot 1

DP 247847

R Tarabay, LA Tarabay

Outbuildings (shed)

28/10/2016 0 25 25 22/11/2016

120 16/1046 8 Thornbill Crescent Braemar NSW 2575 Lot 249 DP 1223682

Roshni Shah Pty Limited

New Dwelling 28/10/2016 0 20 20 17/11/2016

121 16/1047 6 Ella Street Hill Top NSW 2575 Lot 21 DP

1224168

RD Hughes, HE Hughes

New Dwelling 28/10/2016 0 21 21 18/11/2016

122 16/1069

Wombeyan Caves Road Bullio NSW

2575 Lot 1 DP 1179799

RA Berry, RT Berry

Outbuildings (shed)

02/11/2016 0 21 21 23/11/2016

123 16/1071

26 Campbell Crescent Moss Vale NSW 2577 Lot 50 DP

246679

JU Bewert Alterations and


03/11/2016 0 15 15 18/11/2016

124 16/1103


730498

RJ Parsons, RJ Parsons


Dwelling 10/11/2016 0 14 14 24/11/2016

125 12/0322.01

8 Vaughan Avenue Robertson NSW 2577 Lot 901 DP

632846

RG Garske


(modification to garage and

awning)

28/10/2016 0 23 23 21/11/2016




Page | 88

Application


Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

126 12/1039.02 Headlam Road Moss Vale NSW 2577 Lot

100 DP 1089935

Waratah Thoroughbreds

Pty Limited


(condition removal)

31/08/2016 0 70 70 09/11/2016

127 13/0422.01

13124 Hume Highway Sutton

Forest NSW 2577 Part Lot 11 DP

857127

Australian Property

Syndicates P/L

Section 96 Modification (Reduction to

width, sign artwork)

14/09/2016 0 41 41 26/10/2016

128 13/0968

53 Bowral Street Bowral NSW 2576 Lot 1 DP 406617

AA De Angelis, RL De Angelis, G De Angelis,

MEM De Angelis

Demolition and constriction of retail store and

dwellings

11/11/2013 0 1105 1105 24/11/2016

REFUSED

Total Applications Determined:

128

ATTACHMENTS





Page | 89

13.2 Development Applications Received 24 October 2016 to 24 November 2016

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

Services Link to Delivery Program: Retain and make more distinctive the special qualities that

make each town or village unique

PURPOSE The purpose of this report is to update Councillors on Development Applications Received in the period 24 October 2016 to 24 November 2016.

RECOMMENDATION THAT the information relating to Development Applications Received from 24 October 2016 to 24 November 2016 be received and noted.

Application


Date Lodged

Council Decision Determined

Date

Weekly Circular

1 14/0716.08

2-6 Old Hume Highway Braemar NSW 2575 Lot 6

DP 774604

McDonald Jones Homes

Pty Ltd

Section 96 Modification (extend

existing on-site carpark from 8 to 16

spaces)

25/10/2016 #PENDING

2 15/0598.03

29-31 Wilsons Lane Exeter NSW 2579 Lot 29 Sec 6

DP 3373 Lot 30 Sec 6 DP

3373

SM Varga, AD CoombS


(window changes and new balcony)

04/11/2016 #PENDING

3 15/0870.06

Exeter Oval 16 Exeter Road Exeter NSW 2579 Part Lot

2 DP 1221039



(Staging of Civil works)

01/11/2016 #PENDING

4 15/0988.02

14-16 Parkes Road Moss Vale NSW 2577 Lot 1 DP

1210160

SY O'Dwyer


(addition of security fence, relocation of service lift, internal

layout)

10/11/2016 #PENDING

5 15/1197.02


1213476

BL Creswell-Young

Section 96 Modification (floor

plan change) 10/11/2016 #APPROVED 18/11/2016




Page | 90

Application


Date Lodged


Date

Weekly Circular

6 15/1229.04

118 Burradoo Road Burradoo NSW 2576 Lot 8

DP 270382

B Staroselsky, E Staroselsky

Section 96 Modification (addition of

retaining wall)

01/11/2016 #APPROVED 22/11/2016

7 16/0004.01


1102437

Silbora Pty Limited


(continued use of cafe)

01/11/2016 #PENDING

8 16/0034.04

22-24 Church Road Moss Vale NSW 2577 No related

land

Tipglen Pty Limited

Section 96 Modification (move

dwelling 2m) 09/11/2016 #APPROVED 17/11/2016

9 16/0117.02 34 Greenhills Road Berrima NSW 2577

Lot 9 DP 242793

MN Moore, CD Moore


(change to internal roof structure)

27/10/2016 #APPROVED 09/11/2016

10 16/0196.03

16 Brigadoon Drive Bundanoon NSW 2578 Lot 17

DP 1038923

KM Leary, JG Leary


(Carport Extension) 26/10/2016 #PENDING

11 16/0446.01

41 Mittagong Street Welby NSW

2575 Lot 42 DP 790504

41 Mittagong Pty Ltd


(change to access, drainage and easements)

11/11/2016 #PENDING

12 16/0510.02

2 Currockbilly Street Welby NSW

2575 Lot 1 DP 805880 (On Cnr

Old Hume Highway)

CMA Rodrigues, FM Rodrigues

Section 82A Review of determination

15/11/2016 #PENDING

13 16/1020

5203 Illawarra Highway

Burrawang NSW 2577 Lot 2 DP

589730

PR Slattery, BL Slattery


Dwelling 24/10/2016 #APPROVED 23/11/2016

14 16/1022

74 Old Hume Highway Braemar NSW 2575 Lot 21

DP 789172

VC Bernasconi, CR Bernasconi

7 Lot Subdivision 24/10/2016 #PENDING

15 16/1023


1213476

DE Lapinskie New Dwelling 24/10/2016 #PENDING

16 16/1025

18 Elizabeth Street Burradoo NSW 2576 Lot 1 DP

1012984

DM Zaple, AJ Zaple


Dwelling (replacing pergola roof)

24/10/2016 #APPROVED 16/11/2016

17 16/1026

7 Woodside Drive Moss Vale NSW 2577 Lot 185 DP

1095417

SJ Robertson, PG Robertson

Outbuildings (shed) 24/10/2016 #APPROVED 25/11/2016




Page | 91

Application


Date Lodged


Date

Weekly Circular

18 16/1027

21 Semkin Street Moss Vale NSW 2577 Lot 24 DP

262845

JJ Crawley, ER Crawley


19 16/1028

17 Young Road Moss Vale NSW 2577 Lot 8 DP

1222061

PAGR Investments Pty

Ltd New Dwelling 25/10/2016 #PENDING

20 16/1029


1213476

MR Stevens New Dwelling 26/10/2016 #APPROVED 17/11/2016

21 16/1030


2578 Part Lot 3 DP 262048

J Arregui, VA Arregui



22 16/1031 7 Lilac Avenue


CF Magill Alterations and


26/10/2016 #APPROVED 17/11/2016

23 16/1032

Greasons Road Bundanoon NSW 2578 Lot 25 DP

9134

SE Potter New Dwelling 26/10/2016 #APPROVED 16/11/2016

24 16/1034

39 Boolwey Street Bowral NSW 2576

Lot 4 Sec B DP 11838

M Rose-Innes New Dwelling &

demolition 27/10/2016 #PENDING

25 16/1035

650 Sallys Corner Road Exeter NSW

2579 Lot 6 DP 1179540

J Scott New Dwelling 27/10/2016 #APPROVED 11/11/2016

26 16/1036

17 Hurlingham Avenue Burradoo NSW 2576 Lot 3

DP 259638

Z Farah, A Courtney



27 16/1037

Respite House - Quest For Life 13-33 Ellsmore Road Bundanoon NSW

2578 Lot 8 DP 833392

Quest For Life Foundation

Offices (administration, therapy rooms,

caretaker’s cottage and carpark)

27/10/2016 #PENDING

28 16/1038

6140 Illawarra Highway Moss

Vale NSW 2577 Lot 316 DP 1140815

MB Mathews, SC Mathews

New Dwelling 27/10/2016 #PENDING

29 16/1039

59-65 Berrima Road Moss Vale NSW 2577 Lot 7

DP 1129996

Konui Pty Limited

Change of Use (electrical wholesale,

warehousing, retail)

27/10/2016 #PENDING




Page | 92

Application


Date Lodged


Date

Weekly Circular

30 16/1040


2575 Lot 1 DP 1179799

RA Berry, RT Berry


31 16/1041

5 Whitton Close Moss Vale NSW 2577 Lot 60 DP

1218966

D Maliverney New Dwelling 28/10/2016 #APPROVED 23/11/2016

32 16/1044

24C Balaclava Street Balaclava NSW 2575 Lot 4

DP 1204434

KF Yen New Dwelling 28/10/2016 #PENDING

33 16/1045

7 Orchid Street Colo Vale NSW 2575 Lot 1 DP

247847

R Tarabay, LA Tarabay


34 16/1046


DP 1223682

Roshni Shah Pty Limited

New Dwelling 28/10/2016 #APPROVED 17/11/2016

35 16/1047 6 Ella Street Hill

Top Nsw 2575 Lot 21 DP 1224168

RD Hughes, HE Hughes

New Dwelling 28/10/2016 #APPROVED 18/11/2016

36 16/1051

116 Ringwood Lane Exeter NSW 2579 Lot 10 DP

1222769

SW Chick New Dwelling 31/10/2016 #PENDING

37 16/1052

115 Westwood Track Penrose

NSW 2579 Lot 1 DP 1042314

CA Blunt, JP Ingrey

Boundary Adjustment

31/10/2016 #APPROVED 25/11/2016

38 16/1053 9 Bundaroo Street Bowral NSW 2576 Lot 2 DP 151648

9 Bundaroo Street Pty Ltd

3 Storey Commercial Premises

31/10/2016 #PENDING

Issued 21 Nov

39 16/1054 Westgrove Road Exeter NSW 2579 Lot 3 DP 1188820

CCG Sanders, MA Sanders

Two lot subdivision 31/10/2016 #PENDING

40 16/1055

74 Burradoo Road Burradoo NSW 2576 Lot 7 DP

617598

JL McKinlay 2 Lot Subdivision 31/10/2016 #PENDING

41 16/1056 Rockleigh Road


MJ Maloney, CC Maloney


42 16/1057

7 Railway Road Burradoo NSW 2576 Lot 1 DP

308484 Lot 1 DP 997146 Lot 1 DP 130445 Lot 2 DP 130445

SL Mineeff New Dwelling 31/10/2016 #PENDING




Page | 93

Application


Date Lodged


Date

Weekly Circular

43 16/1061 518 Ellsmore Road Exeter NSW 2579 Lot 2 DP 874306

RJ Holt

Secondary Dwelling and Alterations &

Additions to Primary Dwelling

01/11/2016 #PENDING

44 16/1062

486 Medway Road Medway NSW

2577 Lot 14 Sec 10 DP 758665

RJ Roberts, RJ Flanigan

Outbuildings (Shed) 01/11/2016 #PENDING

45 16/1063

24 Little Meadow Lane Exeter NSW 2579 Lot 11 DP

1033996

LJ McIntosh

Outbuildings (proposed shed,

summer house and tennis court)

02/11/2016 #PENDING

46 16/1066


551620

NGP Investments

(No 2) Pty Ltd Demolition (motel) 02/11/2016 #PENDING

Issued 21 Nov

47 16/1068

Broughton Street Moss Vale NSW 2577 Lot 122 DP

1218966 Lot 123 DP 1218966

Broughton Street Moss Vale Pty Ltd, Darraby Pty

Limited

Stage 5 Darraby: 101 Lot Subdivision (99 residential lots, 1

drainage reserve, 1 public reserve)

02/11/2016 #PENDING

Issued 5 Dec

48 16/1069


2575 Lot 1 DP 1179799

RA Berry, RT Berry


49 16/1070

2 Watkins Drive Moss Vale NSW 2577 Lot 12 DP

263854

DC Hansor, JL Hansor


50 16/1071

26 Campbell Crescent Moss

Vale NSW 2577 Lot 50 DP 246679

JU Bewert Alterations and


03/11/2016 #APPROVED 18/11/2016

51 16/1072

Vacant Land Old Hume Highway Braemar NSW 2575 Lot 1 DP

1090393


Display Home 03/11/2016 #PENDING

52 16/1077

75 Greasons Road Bundanoon NSW 2578 Lot 29 DP

9134

BA Tyler Alterations and


07/11/2016 #PENDING

53 16/1078

3 Railway Parade Wingello NSW 2579 Lot 3 DP

1212578

RJ Walsh, DM Tabares

New Dwelling - Shipping Container

dwelling 07/11/2016 #PENDING

54 16/1079

164 Mittagong Road Bowral NSW

2576 Lot 1 DP 778892

Lot 1 DP 794957

Vikella Pty Ltd Residential Flat

Buildings 07/11/2016 #PENDING




Page | 94

Application


Date Lodged


Date

Weekly Circular

55 16/1082

18 Caber Street Moss Vale NSW 2577 Lot 101 DP

738308

MR Pizzata, MAM Pizzata


Dwelling 08/11/2016 #PENDING

56 16/1083

14 Gascoigne Street Willow Vale

NSW 2575 Lot 2 Sec 16 DP 792

DM Cea New Dwelling 08/11/2016 #PENDING

57 16/1086

360 Tourist Road Glenquarry NSW

2576 Lot 2 DP 630220

V Smith Outbuildings (pool &

spa) 08/11/2016 #PENDING

58 16/1091 24 Jellore Street

Berrima NSW 2577 S/P 88997

Owners Of Strata Scheme

88997 Strata Subdivision 08/11/2016 #PENDING

59 16/1092

7 Jenwood Avenue Mittagong NSW 2575 Lot 11 DP

845585

LF Smith, BFF Smith



60 16/1094

262A Old Hume Highway

Mittagong NSW 2575 Lot 2 DP

1194529

IA Perkins, GS Dignam

Outbuildings (shed) 09/11/2016 #PENDING

61 16/1095

27 Shepherd Street Bowral NSW

2576 Lot 121 DP 1223328

SF Cains, GD Cains



62 16/1096

2B Clearview Street Bowral NSW

2576 Lot 3 DP 1031919

EJ Poulton New Dwelling 09/11/2016 #PENDING

63 16/1097 24 Peregrine Lane Buxton NSW 2571 Lot 82 DP 808211

K Sarkis, A Sarkis

Outbuildings (rural shed)

09/11/2016 #PENDING

64 16/1098

7 Henrietta Street Braemar NSW

2575 Lot 204 DP 1223682

YS Baker New Dwelling 09/11/2016 #PENDING

65 16/1099


DP 1223682

Feldkirchen Pty Limited


66 16/1100

42 Oldbury Road Sutton Forest NSW 2577 Part Lot 1 DP

10658

Gumuny Holdings Pty Ltd

Hotel Motel (proposed tourist

and visitor accommodation and

function facility)

09/11/2016 JRPP #PENDING

67 16/1102

54 Nerrim Street Bundanoon NSW 2578 Lot 13 DP

9331

AM Meyer Outbuildings

(detached studio) 09/11/2016 #PENDING




Page | 95

Application


Date Lodged


Date

Weekly Circular

68 16/1103


730498

RJ Parsons, RJ Parsons



69 16/1104

Mt Eymard 52/502-508 Moss Vale Road Bowral NSW 2576 Lot 26

S/P 32697

TB Bass, MP Bass



70 16/1105 29A Oxley Drive


J Ghassibe, CA Ghassibe


71 16/1106 29C Oxley Drive


P Michael New Dwelling 10/11/2016 #PENDING

72 16/1107 29D Oxley Drive


J Ghassibe, P Michael


73 16/1108

Byways 4 Hamilton Avenue Bowral

NSW 2576 Lot 20 DP 1057908

AD Owen, J Owen



74 16/1109

15-19 Wembley Road Moss Vale NSW 2577 Lot 3

DP 772040

AG Winley, UHA Winley

15 lot subdivision and demolition of all existing buildings on

site

10/11/2016 #PENDING

75 16/1111 23 Gladstone Road Bowral NSW 2576

Lot 1 DP 84446

NJ Barrett, DV Barrett

Use of site for occasional wedding

ceremonies and photography

11/11/2016 #PENDING

76 16/1112

1850 Wombeyan Caves Road High Range NSW 2575 Lot 8 DP 1192578

ME O'Neill New Dwelling 11/11/2016 #PENDING

77 16/1114 5 Linden Way


SM Strangman Dual Occupancy 11/11/2016 #PENDING

78 16/1125

5 Acacia Street Colo Vale NSW

2575 Lot 13 Sec 24 DP 2944

ID Bethel 3 Lot Subdivision 14/11/2016 #PENDING

79 16/1141

4 Collins Place Moss Vale NSW 2577 Lot 133 DP

258240

JL Hall, DD Bove


80 16/1147

26 Yean Street Burradoo NSW

2576 Lot 260 DP 854584

JA Bell, AC Bell





Page | 96

Application


Date Lodged


Date

Weekly Circular

81 16/1155

9 Sallys Corner Road Exeter NSW 2579 Lot 100 DP

1205383

McDonalds Australia Limited

Advertising Structure

18/11/2016 #PENDING

82 16/1156

McDonalds 25-29 Bowral Road

Mittagong NSW 2575 Lot 50 DP

841886

McDonalds Properties

Australia Ltd

Advertising Structure

18/11/2016 #PENDING

83 16/1161

34 Hoddle Street Burrawang NSW

2577 Lot 1 DP 805964

M Spiers, RC Spiers


84 16/1170

Wombaroo 162 Black Spring Road High Range NSW

2575 Lot 1 DP 1158096

The Outdoor Education

Group

Temporary Use of Land (historical

themed camping event 12-18 April

2017)

23/11/2016 #PENDING

85 04/0302.01

150-158 Erith Street Bundanoon

NSW 2578 Lot 1 DP 746270

Lot 1 DP 404803

Lynton Kettle Constructions

Pty Ltd

Section 96 Modification (street

tree retention) 23/11/2016 #PENDING

86 09/0698.02

800 Old Hume Highway Alpine NSW 2575 Lot 2

DP 786065

FT Brown

Section 96 Modification (2 eco

cottage railway cottages for short

term stay)

23/11/2016 #PENDING

87 09/0969.04 2 Queen Street


CL Treuen, Fousel Pty

Limited


(rainwater tanks, raingardens, bio-retention basins)

16/11/2016 #PENDING

88 09/1157.02

144 Mt Broughton Road Werai NSW

2577 Lot 1 DP 804846

IM Scandrett, JA Scandrett


(enclosed swimspa instead of pool, internal layout

changes)

23/11/2016 #PENDING

89 12/0209.02

68-70 Station Street Bowral NSW 2576 Part Lot 100

DP 1144699

Sentra Investments Pty

Limited, Reverse

Signage Pty Ltd


(remove 5 year condition)

15/11/2016 #PENDING

90 12/0322.01

8 Vaughan Avenue Robertson NSW 2577 Lot 901 DP

632846

RG Garske


(modification to garage and awning)

28/10/2016 #APPROVED 21/11/2016

90

Total Applications Received:




Page | 97

ATTACHMENTS





Page | 98

13.3 Draft Garden World Voluntary Planning Agreement

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

Services Link to Corporate Plan: Council actively facilities and supports the coordinated use

of existing public and private facilities to ensure equitable access

PURPOSE The purpose of this report is to present to Council the Draft Garden World Voluntary Planning Agreement and seek a resolution to place it on public exhibition.

RECOMMENDATION THAT the Draft Garden World Voluntary Planning Agreement as contained in Attachment 1 to the report be placed on public exhibition in accordance with the requirements of the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000.

REPORT

BACKGROUND

Development Application 11/0767 was lodged with Council in August 2011 seeking consent for a 131 residential lot subdivision of land at 520 Old South Road Mittagong (the subject land), now referred to as Garden World, as indicated in Figure 1 below.

The subject land was initially included in a Voluntary Planning Agreement (VPA) between Council, the owners of the subject land and the owners of land known as Nattai Ponds located to the immediate south of the subject land, also indicated in Figure 1 below.

Subsequently the Nattai Ponds development progressed at a faster rate than Garden World and it has become expedient to incorporate the Garden World obligations from the Nattai Ponds VPA into a separate Garden World VPA. The Draft Garden World VPA is the subject of this report and forms Attachment 1 to this report, circulated under separate cover.

The purpose of a VPA is to achieve outcomes which cannot be achieved by the application of the relevant s94 or s94A Plans or s64 Development Servicing Plans adopted by Council.

S94 and s94A of the Environmental Planning & Assessment Act (EP&A Act) 1979 allow Council to collect monetary contributions from the development of land in order to help meet the additional demand for roads and traffic, community, cultural, open space and recreational facilities generated by development associated with population growth and employment generation. Similar contributions for water, sewer and stormwater services are collected under s64 of the Local Government Act 1993.




Page | 99

Figure 1 – Subject Site and Surrounding Locality

REPORT

The objective of the draft Garden World VPA is to secure funding, land and the carrying out of work including the establishment, dedication and management of drainage management land in conjunction with the development on the land. The intended benefits of the draft VPA are that it provides and co-ordinates community services and facilities in connection with the proposed development and provides increased opportunity for public involvement and participation in environmental planning and assessment of the development.

Schedule 1 of the draft VPA identifies the specific monetary contributions, land dedication and other works which are to be provided, the value of those contributions and the timing of




Page | 100

their provision. There are five (5) Monetary Contributions, as follows, based on 131 final lots:

1. A contribution under the s94 Administration Plan towards administrative costs to the value of $60,260.00.

2. A contribution under the s94 Resource Recovery Centre Plan towards the Resource recovery Centre upgrade to the value of $31,571.00.

3. A contribution under the s94 Central Library Plan towards the Central Library upgrade to the value of $53,186.00.

4. A contribution under the s94 Roads and Traffic Plan towards roads maintenance to the value of $415,794.00.

5. A contribution under the s94 Open Space, Recreation, Community and Cultural Facilities Plan towards the upgrade of the Mittagong Oval Precinct to provide a multipurpose facility pursuant to Council’s Sports and Recreation Capital Program (Sports Facilities). This contribution is valued at $181,763.00.

There is one further contribution in the form of a Land Dedication, being land an additional 1.3m wide pathway to Council’s standard and 1.2m footpath width to create a 2.5m shared pathway, and footbridge, in the locations shown on and in accordance with a plan prepared by the Developer at its cost and submitted to and approved by the Council, a preliminary version of which is included in Schedule 5 of the draft VPA. The value of this contribution has been calculated at $95,040.00.

With regard to Item 5 above, Council has taken the opportunity to apply the s94 Open Space, Recreation, Community and Cultural Facilities Plan contribution towards the refurbishment of an existing, but badly deteriorated and unused tennis court within the Mittagong Oval Precinct to create a multipurpose facility which has already been identified in Council’s Sports and Recreation Capital Program for refurbishment.

Co-locating the proposed multipurpose facility at Mittagong Oval precinct with the existing sporting and community infrastructure significantly enhances the range of opportunities available to the community within the north of the Shire. The provision of co-located and complementary community infrastructure enhances Council’s capacity to provide ongoing management and maintenance of the site ensuring a higher level of service and maintaining the quality of the open space amenity. It is recommended that the draft Garden World VPA be placed on public exhibition to enable community feedback on the items proposed in the Agreement.


The Draft Garden World VPA has been prepared under the relevant provisions of the EP&A Act and Regulations. Should Council resolve to proceed with the public exhibition of the Draft VPA, it will be placed on exhibition for a period of 28 days from Wednesday 1 February 2017.

IMPACT ON FIT FOR THE FUTURE IMPROVEMENT PLAN

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




Page | 101

CONSULTATION


In accordance with s93F of the EP&A Act, it is recommended that the Draft Garden World VPA be publicly notified for 28 days from Wednesday 1 February 2016 and that property owners in the vicinity of the subject land be made aware of the public exhibition in writing.

Internal Referrals

Planning and Assets staff have been involved in negotiation with the Developer to prepare the draft VPA. Council’s panel solicitors have drafted the document on behalf of Council in consultation with the Developer and their legal representatives. External Consultation

No external consultation with other government agencies is required.


Environment


Social

The draft Garden World VPA will provide significant material public benefit including the provision of a new Mittagong Oval basketball and tennis court precinct pursuant to Council’s Sports & Recreation Capital Program (Sports Facilities).



Culture


Governance

The draft Garden World VPA has been prepared in accordance with s93 of the EP&A Act and Council’s Planning Agreements Policy.


Some items within the draft VPA may require some adjustment to Council’s future capital works program. If the Agreement is entered into, Council will be accepting responsibility for some works, and will also be accepting monetary contributions towards those works from the Developer. Those works include the updating of Mittagong Oval basketball and tennis court precinct pursuant to Council’s Sports & Recreation Capital Program. In respect of the costs for the drafting of the Planning Agreement, in accordance with Council’s Planning Agreement Policy, the Developer is responsible for half of Council’s costs.




Page | 102


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

OPTIONS


Option 1

Place the Draft Garden World Voluntary Planning Agreement on public exhibition for 28 days and report the results of the exhibition back to Council at the end of that time.

Option 2

Not place the draft Garden World Voluntary Planning Agreement on public exhibition.

Option 1 is the recommended option to this report as this will enable Council to gauge public opinion on the draft Voluntary Planning Agreement.

CONCLUSION

Council’s staff and legal representatives have negotiated the draft Garden World Voluntary Planning Agreement with the Developer. The Draft Agreement provides a range of contributions under the relevant s94 Contributions Plans. It also provides $181,763 towards a new Mittagong Oval basketball and tennis court precinct pursuant to Council’s Sports & Recreation Capital Program (Sports Facilities).

Therefore it is recommended that the Garden World Draft Voluntary Planning Agreement be placed on public exhibition for not less than 28 days for community comment.

ATTACHMENTS

1. Garden World Draft Voluntary Planning Agreement - circulated under separate cover




Page | 103

13.4 Planning Proposal to Amend Certain Clauses and Maps in WLEP 2010

Reference: 5901 Report Author: Acting Strategic Planning Team Leader/Coordinator Authoriser: Group Manager Planning, Development & Regulatory

Services Link to Corporate Plan: Strengthen the connectivity, liveability and vibrancy of

towns and villages

PURPOSE The purpose of this report is to recommend certain administrative amendments to Wingecarribee Local Environmental Plan 2010 to provide a stronger and clearer strategic framework for land use planning and the assessment of Development Applications.

RECOMMENDATION THAT a Planning Proposal to undertake certain administrative amendments to Wingecarribee Local Environmental Plan 2010 as described in this report be prepared and submitted to the Department of Planning and Environment for a Gateway Determination under s.56 of the Environmental Planning and Assessment Act 1979.

REPORT

BACKGROUND

Wingecarribee Local Environmental Plan 2010 (WLEP 2010) was ‘notified’ on the NSW Legislation website (formerly known as ‘gazetted’) on 16 June 2010. Since then several amendments have been made through the process of a Planning Proposal. This report outlines a set of proposed administrative amendments which, based on experience in working with WLEP over the past five years, would strengthen and clarify the strategic framework within which land use planning and development assessments can occur. These matters would be addressed in a single Planning Proposal. The proposed amendments are discussed below.

REPORT

Proposed amendments are considered under the following headings:

1. Amendments to Existing Clauses

2. Proposed New Clauses

3. Amendments to the Land Use Table

4. Flood Maps

5. Site Specific Amendments




Page | 104

1. Amendments to Existing Clauses

In order to provide a context for discussion of each proposed amendment, the relevant section of the current clause is provided.

Clause 4.2A Erection of dwelling houses and dual occupancies on land in certain rural and environment protection zones

(1) The objectives of this clause are as follows:

(a) to minimise the introduction of unplanned rural residential development, and

(b) to enable the replacement of lawfully erected dwelling houses and dual occupancies in rural zones.

(2) This clause applies to land in the following zones:

Zone RU1 Primary Production,

Zone RU2 Rural Landscape,

Zone RU4 Primary Production Small Lots,

Zone E3 Environmental Management,

Zone E4 Environmental Living.

(3) Development consent must not be granted for the erection of a dwelling house or dual occupancy on a lot in a zone to which this clause applies, and on which no dwelling house or dual occupancy has been erected, unless the lot is:

(a) a lot that is at least the minimum lot size specified for that lot by the Lot Size Map, or

(ab) a lot created under clause 4.2C (3) (a) or clause 4.2C (5) (b), or

(b) a lot created before this Plan commenced and on which the erection of a dwelling house or dual occupancy was permissible immediately before that commencement, or

(c) a lot resulting from a subdivision for which development consent (or its equivalent) was granted before this Plan commenced and on which the erection of a dwelling house or dual occupancy would have been permissible if the plan of subdivision had been registered before that commencement, or

(d) an existing holding.

Discussion: This clause permits residential development on certain rural and environmental protection zones. Currently, the clause does not address an undersized lot created under WLEP 2010. Such an allotment can be created under the provisions of clause 4.6(6)(b), which states “Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone E4 Environmental Living if the subdivision will result in at least one lot

http://www.legislation.nsw.gov.au/#/view/EPI/2010/245/maps





Page | 105

that is less than 90% of the minimum area specified for such a lot by a development standard.”

The effect of this subclause is to create an allotment which is below the minimum lot size (being only 90% thereof), however without reference to that outcome in clause 4.2A, it is not clear that a dwelling house could be erected on the lot as intended.

Proposed amendment: It is proposed to insert a new subclause (3) (ac) with wording to be confirmed in consultation with the Parliamentary Counsel’s Office, but which would have the effect of enabling a dwelling entitlement on a lot subdivided in accordance with Clause 4.6(6)(b).

Clause 4.2B Boundary changes between lots in certain rural, residential and environment protection zones

(1) The objective of this clause is to permit the boundary between 2 lots to be altered in certain circumstances, to give landowners a greater opportunity to achieve the objectives of a zone.

(2) This clause applies to land in any of the following zones:

(a) Zone RU1 Primary Production,

(b) Zone RU2 Rural Landscape,

(c) Zone RU3 Forestry,

(d) Zone RU4 Primary Production Small Lots,

(e) Zone R5 Large Lot Residential,

(f) Zone E2 Environmental Conservation,

(g) Zone E3 Environmental Management,

(h) Zone E4 Environmental Living.

(3) Despite clause 4.1 (3), development consent may be granted to the subdivision of 2 adjoining lots, being land to which this clause applies, if the subdivision will not result in:

(a) an increase in the number of lots, and

(b) an increase in the number of dwelling houses, secondary dwellings or dual occupancies on, or dwelling houses, secondary dwellings or dual occupancies that may be erected on, any of the lots, and

(c) a lot that is less than 2 hectares.

Discussion: The purpose of this clause is to enable boundary adjustments between lots which are already below the minimum lot size by means of a Development Application (DA) instead of a Planning Proposal.

In drafting the clause, Council specified that it should not result in a lot less than 2 hectares in area. However, the R5 zone generally, and some rural or environmental zoned land, is already less than 2 hectares and therefore Clause 4.2B cannot be used in those situations to achieve a boundary adjustment.




Page | 106

Proposed amendment: It is proposed to amend subclause (3)(c) to state “a lot that is less than 2 hectares, unless one or both of the lots is already below 2 hectares.” All applications under this clause would be merit assessed in accordance with subclause (4) which addresses site constraints, adjacent land uses and amenity. Particular attention would be paid with lots below 2 hectares to ensure that only minimal and justifiable boundary adjustments were supported.

The option of removing R5 from the clause was considered, but, this would still not address rural and environmental zoned lots which are already below 2 hectares. With no other mechanism under WLEP 2010 or the Exempt and Complying State Environmental Planning Policy (SEPP) to enable even a small boundary adjustment in these situations, such adjustments would require a Planning Proposal.

Clause 7.1 Development on existing lots in Zones R2, R3 and R5

(1) This clause applies to lots in Zone R2 Low Density Residential, Zone R3 Medium Density Residential and R5 Large Lot Residential that were created before the commencement of this Plan and:

(a) have an area that is at least the minimum lot size specified for that lot on the Lot Size Map, or

(b) on which the erection of a dwelling house was permissible immediately before that commencement, or

(c) if located in Zone R2 Low Density Residential at Hill Top, have:

(i) an area of not less than 700 square metres, and

(ii) a width of not less than 20 metres at the front alignment of the dwelling house, or

(d) if located in R5 Large Lot Residential west of Cumberteen Street, Hill Top, have an area of not less than 4,000 square metres.

(2) Despite any other provision of this Plan, development consent may be granted for the erection of a dwelling house, dual occupancy development or multi dwelling housing on a lot to which this clause applies, if the development is permissible with consent on the land.

(3) Development consent may only be granted under this clause for development on lots referred to in subclause (1) (d) if the lots, in the opinion of the consent authority, are suitable for such a purpose having regard to:

(a) the availability of vehicular access to the land, and

(b) the availability of public utility services to the land, and

(c) the physical, geotechnical, drainage, flooding and bush fire risk characteristics of the land.

Discussion: The intent of this clause is to limit the construction of dwellings on existing lots to those that comply with the provisions of subclause (1)(a-d) with non-compliant lots being denied a dwelling entitlement. Legal opinion regarding this clause is that, because of the way it is currently written, the clause actually has the opposite effect in exempting non-compliant lots from the operation of subclauses (2) and (3).





Page | 107

Proposed amendment: To rectify this situation and provide a clause which operates as originally intended, it is proposed to amend subclause (1) remove the wording were created before the commencement of this Plan and so that subclause (1) would read:

This clause applies to lots in Zone R2 Low Density Residential, Zone R3 Medium Density Residential and R5 Large Lot Residential that:

(a) have an area that is at least the minimum lot size specified for that lot on the Lot Size Map, or

(b) are on land on which the erection of a dwelling house was permissible immediately before that commencement, or

(c) if located in Zone R2 Low Density Residential at Hill Top, have:

(i) an area of not less than 700 square metres, and

(ii) a width of not less than 20 metres at the front alignment of the dwelling house, or

(d) if located in R5 Large Lot Residential west of Cumberteen Street, Hill Top, have an area of not less than 4,000 square metres.

Clause 7.3 Earthworks


(a) to ensure that any earthworks will not have a detrimental impact on environmental

functions and processes, neighbouring uses or heritage items and features surrounding land,

(b) to allow earthworks of a minor nature without separate development consent.

(2) Development consent is required for earthworks unless:

(a) the work does not alter the ground level (existing) by more than 800 millimetres, or

(b) the work is exempt development under this Plan or another applicable environmental planning instrument, or

(c) the work is ancillary to other development for which development consent has been granted.

Discussion: Subclause (2)(a) is inconsistent with the provisions of the Exempt and Complying State Environmental Planning Policy which limits the extent of alteration to the ground level to 600 millimetres. Amending this subclause brings it into line with the SEPP.

Subclause (2) does not consider flood prone land and the potential for earthworks to impact overland flow. By including such land in subclause (2), an application to undertake earthworks on flood prone land needs to be assessed by Council.

Proposed amendment: To rectify these issues it is proposed to insert a new subclause (2)(aa) and to amend subclause (2)(a) as follows:





Page | 108

(2) (aa) the land is not shown as “Flood Planning Area” on the Flood Planning Area Map, and

(2) (a) the work does not alter the ground level (existing) by more than 800 600 millimetres, or…

Schedule 2 Exempt Development

Public events

Use of public land (including a public reserve or public road) for public events, including stalls, meetings, exhibitions, entertainment or similar community, cultural or commercial purposes:

(a) proposed event must be consistent with any applicable plan of management under the Local Government Act 1993 for the land,

(b) development must be carried out in accordance with a licence or hire agreement granted by the Council,

(c) must not be located on bush fire prone land.

Discussion: The intent of subclause (c) is to ensure community safety by requiring that a Development Application (DA) be lodged if the event is to be held on bushfire prone land. However, this requires the lodgement of a DA for even the smallest community gathering. In these cases a Risk Management Evacuation Plan provided by the applicant as part the licence or hire agreement referred to in (b) would be sufficient.

Proposed amendment: Remove (c) from the clause and amend Council’s standard licence or hire agreement to incorporate a Risk Management Evaluation Plan.

2. Proposed New Clauses

The following new clauses are proposed for inclusion in WLEP 2010 as discussed below.

4.1A Minimum subdivision lot size for strata plan schemes in certain rural and residential zones

(1) The objective of this clause is to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.

(2) This clause applies to land in the following zones that is used, or is proposed to be used, for residential accommodation or tourist and visitor accommodation:



(c) Zone RU4 Primary Production Small Lots,



http://www.legislation.nsw.gov.au/#/view/act/1993/30




Page | 109

(d) Zone R5 Large Lot Residential.

(3) The size of any lot resulting from a subdivision of land to which this clause applies for a strata plan scheme (other than any lot comprising common property within the meaning of the Strata Schemes (Freehold Development) Act 1973 or Strata Schemes (Leasehold Development) Act 1986) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

Note. Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that strata subdivision of a building in certain circumstances is

specified complying development.

4.1AA Minimum subdivision lot size for community title schemes

(1) The objective of this clause are as follows:

(a) to ensure that land to which this clause applies is not fragmented by subdivision that would create additional dwelling entitlements.

(2) This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 1989 of land in any of the following zones:



(c) Zone RU4 Primary Production Small Lots,

(d) Zone R5 Large Lot Residential.

(3) The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 1989) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

Discussion: The intent of both proposed clauses 4.1A and 4.1AA is ensure that the subdivision of any land under a strata or community title scheme is limited to the minimum lot size applicable under WLEP 2010. The need for such a clause is because of the wording of clause 4.1(4). Clause 4.1 states:

4.1 Minimum subdivision lot size


(a) to identify minimum lot sizes,

(b) to ensure that the subdivision of land to create new lots is compatible with the character of the surrounding land and does not compromise existing development or amenity.

(2) This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.

(3) The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.






http://www.legislation.nsw.gov.au/#/view/EPI/2008/572

http://www.legislation.nsw.gov.au/#/view/EPI/2008/572






Page | 110

(4) This clause does not apply in relation to the subdivision of individual lots in a strata plan or community title scheme.

By excluding strata and community title scheme subdivisions from the provisions of clause 4.1, it could be interpreted that subdivision below the minimum lot size is permitted for strata and community title schemes. The proposed new clauses clarify the development standard with regard to strata and community title subdivisions.

3. Amendments to the Land Use Table

The land Use Table within WLEP provides, for each zone, a set of objectives together with a list of land uses which are Permitted without consent, Permitted with consent or Prohibited. It is proposed to amend the land use table for the following zones are described below.

SP3 Tourist Zone

The Wingecarribee Local Planning Strategy 2015-2031, adopted by Council on 23 March 2016, included recommendation 5.5 - Initiate a Planning Proposal to permit with consent in the SP3 Tourist zone the following land uses – Extensive agriculture, Intensive plant agriculture, Agricultural produce industry and Farm buildings.

It is proposed to action this recommendation as part of this Planning Proposal. To give effect to the recommendation the following amendments to the SP3 Tourist land use table are required:

Include as permitted with consent ‘Extensive agriculture’ and ‘Intensive plant agriculture’ (thereby excluding them from the group term ‘Agriculture’ which is prohibited).

Include as permitted with consent ‘Agricultural produce industry’ (thereby removing it from the group term ‘Rural Industries’ which is prohibited.

Remove ‘Farm buildings’ from prohibited (thereby making them permitted with consent)

WLEP 2010 defines the above terms as follows:

agriculture means any of the following:

(a) aquaculture,

(b) extensive agriculture,

(c) intensive livestock agriculture,

(d) intensive plant agriculture.

agricultural produce industry means a building or place used for the handling, treating, processing or packing, for commercial purposes, of produce from agriculture (including dairy products, seeds, fruit, vegetables or other plant material), and includes wineries, flour mills, cotton seed oil plants, cotton gins, feed mills, cheese and butter factories, and juicing or canning plants, but does not include a livestock processing industry.




Page | 111

extensive agriculture means any of the following:

(a) the production of crops or fodder (including irrigated pasture and fodder crops) for commercial purposes,

(b) the grazing of livestock for commercial purposes,

(c) bee keeping,

(d) a dairy (pasture-based).

farm building means a structure the use of which is ancillary to an agricultural use of the landholding on which it is situated and includes a hay shed, stock holding yard, machinery shed, shearing shed, silo, storage tank, outbuilding or the like, but does not include a dwelling.

intensive plant agriculture means any of the following:

(a) the cultivation of irrigated crops for commercial purposes (other than irrigated pasture or fodder crops),

(b) horticulture,

(c) turf farming,

(d) viticulture.

rural industry means the handling, treating, production, processing, storage or packing of animal or plant agricultural products for commercial purposes, and includes any of the following:

(a) agricultural produce industries,

(b) livestock processing industries,

(c) composting facilities and works (including the production of mushroom substrate),

(d) sawmill or log processing works,

(e) stock and sale yards,

(f) the regular servicing or repairing of plant or equipment used for the purposes of a rural enterprise.

B5 Business Development

In reviewing the land use tables within WLEP 2010 it became apparent that ‘Educational Establishments’ are prohibited in the B5 Business development zone. This prohibition is contrary to the provisions of State Environmental Planning Policy (Infrastructure) 2007 (Infrastructure SEPP).

As the SEPP takes precedence over WLEP 2010, it is proposed to remove ‘Educational Establishments’ from the prohibited, category of the B5 Business development land use table, thereby making them permitted with consent in accordance with the SEPP.

WLEP 2010 defines Educational Establishments as meaning a building or place used for education (including teaching), being:




Page | 112

(a) a school, or

(b) a tertiary institution, including a university or a TAFE establishment, that provides formal education and is constituted by or under an Act.

4. Flood Maps A number of Flood Studies and Plans have been adopted by Council since WLEP 2010 was first made and these should be included on the Flood Planning Maps which form part of the LEP.

Burradoo BU2 Catchment

Mittagong Rivulet

Whites Creek

Wingecarribee River The WLEP 2010 Flood Planning Maps will be amended to include the maps which form part of these adopted studies.

5. Site Specific Amendments Three (3) site specific amendments are proposed as discussed below:

The Old Milk Factory, Bowral

Amendment No 4 to WLEP 2010, made on 11 May 2012, included an amendment to the Land Zoning Map to remove the SP2 Infrastructure zone from a portion of Lot 3 DP 1114582 (The Old Milk Factory, 33-37 Station Street, Bowral) as it was no longer required for the Station Street realignment. At that time, the Land Reservation Acquisition Map should have also been similarly amended. The proposed amendment to the Land Reservation Acquisition Map would rectify this. The location of the land acquisition affectation to be removed is indicated in yellow on Figure 1 below.




Page | 113

Figure 1 Location of Land Reservation Acquisition affectation to be removed

No. 4 Tyree Place Braemar

The subject land forms part of the Bunnings Warehouse (No. 2) and Tenancy (No. 4) located in Tyree Place Braemar as indicated in Figures 2 and 3 below. The Development Application (06/0843) was approved on 9 February 2007 under Wingecarribee Local Environmental Plan 1989 (WLEP 1989). Bunnings ‘warehouse’ was subsequently erected and commenced trading in early 2008. The bulky goods warehouse (‘tenancy’) was also erected and, although substantially completed, has never received an Occupation Certificate and remains empty. Condition 5 of 06/0843 required that a separate DA would need to be submitted for the fit out and use of the tenancy. On 16 June 2010, WLEP 2010 came into effect, replacing WLEP 1989. The Bunning sites were incorporated into the broader Northern Gateway IN1 General Industrial zone which prohibits ‘Bulky Goods Premises’. (The main Bunnings site operates under the definition of ‘Warehouse or Distribution Centre’ which is permitted with consent in the IN1 General Industrial zone.)




Page | 114

Figure 2 Location of the subject site on Old Hume Highway Braemar




Page | 115

Figure 3 Location of the Bunnings ‘Warehouse’ and Approved ‘Tenancy’

As a consequence of the rezoning to IN1 General Industrial, the ‘tenancy’ building, which received approval to operate as a “Bulky Goods Premises’ under LUA06/0843, is now unable to do so. The building is not suitable for a more general industrial use. During the preparation of the Wingecarribee Local Planning Strategy 2015-2031, a submission was received requesting that Council rezone the subject land to IN2 Light Industrial to permit use of the ‘tenancy’ building for the purposes of a ‘bulky goods premises’. At the Ordinary meeting of Council on 23 March 2016 it was resolved: THAT the rezoning to IN2 of Lot 2 DP 1149654, 4 Tyree Place, Braemar to permit development for the purposes of a bulky good premises be supported for inclusion in the Braemar Precinct Plan of the Wingecarribee Local Planning Strategy 2015-2031. The matter has been included in this administrative Planning Proposal because the prohibition of a Development Approval granted in 2007 has come about simply due to the intervening introduction of WLEP 2010 and not because of any underlying change in the circumstances prevailing when the application was initially assessed. It is recommended that the administrative Planning Proposal include rezoning the subject land, No 4 Tyree Place Braemar (Lot 2 DP 1149654) from IN1 General Industrial to IN2 Light Industrial as resolved on 23 March 2016.




Page | 116

Lot 1 DP 181535, 20 Warreeah Lane Kangaloon

The subject land is located on the corner of Warreeah Lane and Kangaloon Road Kangaloon. The land is adjacent to a much smaller parcel containing the Uniting Church and cemetery (Lot 1 DP 903442) which is listed as an Item of Heritage in Schedule 5 of WLEP 2010. These locations are identified on Figures 4 and 5 below.

Figure 4 Location of the subject land




Page | 117

Figure 5 Location of the subject land in relation to the Uniting Church Item of Heritage

The heritage listing is intended to apply only to the Kangaloon Uniting Church and Cemetery (Lot 1 DP 903442). The incorrect listing of the subject land would appear to be a drafting error at the time of preparing the maps for WLEP 2010. There is no other justification for retaining the subject land within the Heritage listing. It is proposed to amend the listing for the subject land in Schedule 5 to remove the subject land, but retain the Uniting Church and cemetery property, and amend the heritage map accordingly in order to correct this error.


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




Page | 118

CONSULTATION


Should Council resolve to proceed with the Planning Proposal in whole or in part, a Gateway Determination will be sought from the Department of Planning and Environment. The Gateway Determination will stipulate the extent of community consultation. It is anticipated that a 28 day exhibition period would be nominated.


Internal referrals would occur as relevant for each part of the Planning Proposal.


External referrals would occur as required by the Gateway Determination and would require consultation with Water NSW as a minimum.


Environment

Most amendments to existing clauses and the proposed new clauses will ensure that Rural and Environmental protection zones in particular are protected from inappropriate subdivision and development. The incorporation of adopted flood studies into WLEP 2010 and the proposed amendments to Earthworks provisions will ensure the appropriate management of flood liable land within the Shire.

Social



Proposed amendments to the SP3 Tourist zone will enable the ongoing use of such land for agricultural purposes providing a stronger base for rural tourism opportunities.

Culture


Governance

Certain proposed amendments will ensure that WLEP 2010 remains consistent with State Planning Policies.


There are no budget implications. The Planning Proposal will be undertaken by Council Strategic Planning staff.


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




Page | 119

OPTIONS


Option 1

Not proceed with the Planning Proposal

Option 2

Proceed with some of the proposed amendments

Option 3

Proceed with the Planning Proposal as set out in this report


CONCLUSION

The Wingecarribee Local Environmental Plan 2010 is the principal statutory document governing development within the Shire. The proposed amendments seek to ensure that the LEP remains relevant and strong, serving the community well in ongoing land use management.

ATTACHMENTS





Page | 120

13.5 Request for Partial Refund of Development Application Fees - Robertson School of Arts

Reference: 16/0405, 16/0405.01 Report Author: Group Manager Planning, Development & Regulatory

Services Authoriser: Deputy General Manager Corporate, Strategy &

Development Services Link to Delivery Program: Encourage development that emphasises towns as

distinctive destinations

PURPOSE The purpose of this report is to consider the request by the Robertson School of Arts to partially refund application and inspection fees for the demolition and rebuild of amenities at the Robertson School of Arts.

RECOMMENDATION THAT Council supports the Robertson School of Arts request by donating 50% of the Development Application/Construction Certificate/Inspection fees for the proposed demolition and rebuild of the amenities at the Robertson School of Arts, 59-61 Illawarra Highway, Robertson in the amount of $3,369 AND THAT the funds be allocated from the Contingency Fund which will leave the balance of $4,969 remaining in the 2016/17 Contingency Fund.

REPORT

BACKGROUND

Situated currently on the site is the Robertson School of Arts building (circa 1885) which is primarily a single storey building with a first floor projection room over the front entry portion of the building. The building contains an auditorium with associated stage, kitchen, store room, toilet facilities, ticket office, kiosk and entry lobby and has a total floor area of 265m2. A covered pergola is also located on the western side of the building between the kitchen and store room.

REPORT

Council has approved a Development Application (16/0405) and Construction Certificate (16/0405.01) for the demolition of the existing amenities and construction of new amenities at the Robertson School of Arts.

The Vice President/Secretary of Robertson School of Arts has written to Council seeking a donation from Council covering 50% of application/inspection fees (total fees paid were $6,738).




Page | 121


A decision by Council to agree to make a donation covering the partial application/inspection fees for the subject works will have no impact on the outcome of Councils Fit for the Future Proposal.

CONSULTATION


Community engagement is not required as a result of this request.


General Manager

Deputy General Manager Operations, Finance and Risk

Council’s Management Accountant


There has been no external engagement undertaken as part of this request.


Environment


Social

There are no social implications in relation to this report.



Culture


Governance

By following the correct protocol and donating fees (as opposed to waiving fees) ensures that the transaction remains transparent, the funding source is recognisable and the appropriate revenue is received by the relevant department.


The Contingency Vote has been identified as an appropriate funding source with sufficient resources to cover Council’s proposed donation of Application/Inspection fees for the demolition and rebuild of the amenities block at the Robertson School of Arts.

The monetary value of Council’s donation will total $3,369.




Page | 122


The proposal is consistent with the strategic goals of Council’s 2016/17 Revenue Policy.

OPTIONS


Option 1

The Council supports the Robertson School of Arts request by donating 50% of the Application/Inspection fees for the proposed demolition and rebuild of the amenities block at the Robertson School of Arts, in the amount of $3,369 and that the funds be allocated from the Contingency Fund which will leave an amount of $4,969.

Option 2

That Council does not support the Robertson School of Arts request for the partial refund of Application/Inspection Fees for the demolition and rebuild of amenities at the Robertson School of Arts being refunded as a donation.


CONCLUSION

The donation of partial refund of Application/Inspection Fees to the Robertson School of Arts for the demolition and rebuild of the amenities at the Robertson School of Arts in consideration of the ensuing valuable service and contribution that Robertson School of Arts makes in the local community is considered worthwhile and appropriate.

ATTACHMENTS

1. Fee Schedule


13.5 Request for Partial Refund of Development Application Fees - Robertson School of Arts

ATTACHMENT 1 Fee Schedule

Page | 123

ATTACHMENT 1




Page | 124

13.6 Post Exhibition Youth Strategy and Action Plan

Reference: 1830/26 Report Author: Youth Liaison Officer Authoriser: Group Manager Corporate & Community Link to Delivery Program: Create a focus on community engagement

PURPOSE To report on the public exhibition of the draft Youth Strategy and Action Plan 2016 – 2026, incorporating the outcome of community considerations received and to recommend that the final draft Strategy and Action Plan be adopted.

RECOMMENDATION 1. THAT the feedback received in response to the public exhibition and youth

consultation of the draft Youth Strategy and Action Plan 2016 – 2026 be noted. 2. THAT the Youth Strategy and Action Plan 2016 – 2026 incorporating the

outcomes of the community consultation be adopted and progressively implemented over the next ten (10) years.

REPORT

BACKGROUND

The following resolution was passed at the Council meeting of 26 October 2016 (MN 496/16):

1. THAT the Draft Wingecarribee Youth Strategy and Action Plan 2016 – 2026 included

as Attachment 1 to the report be placed on public exhibition for a period of thirty five (35) days.

2. THAT a final draft of the Wingecarribee Youth Strategy and Action Plan 2016 – 2026

incorporating the outcome of the community consultation be reported back to Council. The draft Youth Strategy and Action Plan 2016 – 2026 was placed on public exhibition from 1 November to 7 December 2016. A follow up youth forum was held on 18 November 2016 with fifty five (55) young people to review the draft Youth Strategy and Action Plan.




Page | 125

REPORT

Following Council approval to place the Draft Youth Strategy and Action Plan 2016 – 2026 on public exhibition a community consultation plan was completed that included the following elements:

Placing hard copies of the draft strategy and action plan at Customer Service and all Shire Libraries.

Loading the draft strategy and action plan to the council web site under Young People and public exhibition tabs.

Utilising the Your Say Wingecarribee community engagement link to the online document, providing a question and answer forum and online submission form.

Advertisement in local paper on the Council page.

Article in the Southern Highlands News and on the Southern Highlands news website with links to Your Say Wingecarribee.

Media release to 2ST radio.

Promoted on social media including Facebook and Twitter.

Sent out to the Highlands Child Youth & Family Network.

Follow up Youth Forum with fifty five (55) young people who participated in the Wingecarribee Youth Forum offering feedback on the draft action plans.

The exhibition period for the draft was from 1 November 2016 to 7 December 2016. During this time submissions were invited via the online submission form as the preferred option although emails were also accepted. In total, seven (7) submissions were received and multiple suggestions provided at the follow up consultation with young people.

A summary of the feedback received on the Draft Youth Strategy and Action Plan is provided in the table below.

Issue Details Response

Action Plan Priority Area 1,

Participation and Engagement

Young people at the follow up youth forum identified that they would be interested in being part of working groups in areas of interest but not official committees.

That there was a need for increased levels of promotion in the school environment as well as via social media sites.

There was also a high interest in volunteering.

Comments have been noted.

Response covered in Action Plan Priority Area 1 under 1.1.

Response covered in Action Plan Priority Area 1 under 1.2.

A key point will be added to Action Plan Priority Area 1 under 1.2 to include volunteering opportunities.




Page | 126


Public transport was a constraint for young people participating in their community.

A further point will be added to Action Plan Priority Area 1, 1.4 to include a strategic action on transport issues.

Action Plan Priority Area 2, Health and Wellbeing

That there needs to be improved promotion on what services are available in the Wingecarribee.

Pathways to service provision need to be made easier to navigate for young people.

Services need to present in a more youth friendly manner.

Financial constraints and a lack of services that bulk bill.

Stigma and confidentiality, young people worry about having someone recognise you in the waiting room.

Workshops, activities and information need to be more readily available in schools.

Workshops out of school such as living well and those targeted at areas of specific concern to young people or minority group.

There is a need for more mental health service providers in the Wingecarribee.

Comments have been noted.

Areas are already covered in Action Priority area 2.2, 2.3 and 2.4 comments will be further explored through the existing Wingecarribee youth networks.

Normalisation of accessing services has been noted in Action Priority Area 2.5. Changes to Action Plan Priority Area 2 Health and Wellbeing 2.1 from long term to short term and ongoing.

Action Plan Priority Area 3,

Recreation and Leisure

Music and arts styled events were listed most prominently including festivals, poetry, public arts, art exhibitions, a graffiti wall, film projects, photography and open mic opportunities.

Open air movie nights are viewed positively.

There was also comments on parks and open spaces

Comments have been noted and have been addressed in the key actions of Priority Area 3.




Page | 127


being more youth friendly.

Young people were interested in being part of creating events.

There was interest in a Beach bus during the summer months.

Barriers to participation was mostly due to public transport options and outreach events to the outer villages be considered.

One (1) young person aged under twelve (12) years requested outreach youth activities specifically for Bundanoon.

Transport concerns raised will be considered in Action Plan Priority Area 1, 1.4 to include a strategic action on transport issues.

Outreach activities will be added to 3.2.

Action Plan Priority Area 4, Education and Employment

Young people noted that information on what is available at TAFE and Universities was not easily available.

They thought that there was a need for educational workshops on resume writing and skills required for applying for jobs.

There was also comment on having youth employment opportunities made more easily available and centrally located.

Two (2) community responses from community member’s aged over twenty five (25) years were received that addressed the need for increasing employment opportunities in the local area.

Comments have been noted and a change to Action Plan Priority Area 4 will be included under 4.2 Key Activities to include information on employment opportunities being more available and Partners will be broadened to include recruitment agencies.

General Retail shopping options are limited for young people with out of area shopping centres more attractive eg. Macarthur Square (x7).

Information will be forwarded to the Chamber of Commerce and Economic Development Manager.




Page | 128


None identified.

CONSULTATION


As outlined above, a community engagement plan was developed which included both consultation with service providers and the youth.


The draft Youth Strategy and Action Plan was distributed to all staff electronically seeking feedback.


As outlined above consultation was invited in a variety of methods across the community.


Environment


Social

The Youth Strategy and Action Plan addresses the people theme of the Community Strategic Plan and links to other Strategies of Council. It includes specific actions relating to young people that promotes healthy lifestyle, the provision of services and facilities and equitable access to public facilities.


There are no economic implications in relation to this report.

Culture

The Strategy and Action Plan encourages engagement from all young people, including Aboriginal and Torres Strait Islanders and people from other cultures.

Governance

There are no governance issues in relation to this report.COUNCIL BUDGET IMPLICATIONS

Any budget implications from the implementation of any actions will need to be considered on an annual basis through the Operational Plan and Budget process.




Page | 129


The plan refers to the following Council Policies:

Community Strategic Plan – Wingecarribee 2031+.

Community Engagement Strategy.

Arts and Culture Strategic Plan.

Positive Aging Strategy.

Economic Development Strategy.

Community Safety Plan.

OPTIONS


Option 1

That the Wingecarribee Youth Strategy and Action Plan be adopted.

Option 2

That the Wingecarribee Youth Strategy and Action Plan not be adopted.


CONCLUSION

Council has undertaken an extensive consultation process to develop the Youth Strategy and Action Plan, including engagement with young people and service providers. The draft document was placed on public exhibition from 1 November to 7 December 2016. All feedback received was reviewed and given due consideration. The Strategy is now presented to Council for adoption.

ATTACHMENTS

1. Youth Strategy and Action Plan 2016-2026 - circulated under separate cover Nick Wilton A/Deputy General Manager Corporate, Strategy & Development Services Friday 9 December 2016



REPORT GENERAL MANAGER

Page | 130

COUNCIL MATTERS

14 GENERAL MANAGER

14.1 Acceptance of Tenders - Delegation to the General Manager

Reference: TBC Report Author: Deputy General Manager Operations, Finance & Risk Authoriser: General Manager Link to Delivery Program: Ensure systems and processes are in place to achieve


PURPOSE

The purpose of this report is to seek Council’s endorsement of conferring the delegation to the General Manager for the acceptance of tenders on behalf of Council, with the exception of those tenders which would replace staff services or those tenders which exceed adopted budget estimates.

RECOMMENDATION 1. THAT in accordance with Section 377 of the Local Government Act 1993 Council

delegates to the General Manager the power to accept tenders as detailed in Clause 178 of the Local Government (General) Regulation 2005.

2. THAT in any instance where it is proposed by a tender process to outsource work currently undertaken by Council staff or where tenders exceed adopted budget estimates the matter will be reported to Council for determination.

REPORT

The NSW Government implemented the Fit for the Future Local Government reform agenda with a view to creating stronger councils, improving council performance and strengthening the system of local government. As part of these reforms, The Minister of Local Government presented the Local Government Amendment (Governance and Planning) Bill 2016. The Bill was passed by the NSW Government and was proclaimed in September 2016. The Bill amends the Local Government Act 1993 with respect to the governance, planning functions and auditing of councils. The amendment made to Section 377 of the Local Government Act 1993 allows councils to delegate the acceptance of tenders to the General Manager, except in the instance of outsourcing work currently undertaken by Council staff.




Page | 131

377 - General power of the council to delegate (1) A council may, by resolution, delegate to the general manager or any

other person or body (not including another employee of the council any of the functions of the council, other than the following: (i) the acceptance of tenders to provide services currently provided by

members of staff of the council

Further Clause 178 (1) of the Local Government (General) Regulation 2005 states, (1) After considering the tenders submitted for a proposed contract, the council

must either: (a) accept the tender that, having regard to all the circumstances, appears to

it to be the most advantageous, or (b) decline to accept any of the tenders.

MAIN REPORT

The benefits of delegating the acceptance of tenders to the General Manager would include reducing the lead time for initiating key projects and services due to the amount of time it takes to formally present tenders to Council, this is particularly a major impediment to delivering council’s works programme with the significant break over the Christmas period. Historically, Council has consistently awarded tenders which have been in line with staff recommendations. This is shown in the table below.

Year Number

of Tenders

Staff Recommendation

Rejected By Council

Total Value of Works

2014 20 0 $14,721,230

2015 20 1 $10,731,415

2016 33 0 $10,257,440

TOTAL 73 1 $35,710,085

On the single occasion where Council did reject a staff recommendation for the acceptance of a tender, this was at a later stage approved by Council for staff to enter into direct negotiations. Exemptions

While this delegation would improve Council’s ability to deliver works and services which are carried out by external contractors, it is recommended the following circumstances would require a formal Council resolution to accept a tender:

Those tenders which relate to contracts which would replace staff services.

Those tenders which exceed adopted budget estimates.




Page | 132

Tender Reporting

Council will continue to be provided with information regarding awarded tenders through the Quarterly Budget Review Statement and the Annual Report. The Quarterly Budget Review Statement identifies all tenders and contracts awarded which are greater than $50,000. This report is submitted to the Finance Committee on a quarterly Basis. Tendering Requirements

Council’s Tendering guidelines and procedures will be strictly adhered to, as will the requirements of the Local Government Act 1993, Local Government (General) Regulation 2005, guidelines and all other applicable internal policies and procedures.


By delegating the acceptance of tenders to the General Manager, the delivery of projects in in the Capital Works Program which are tendered for, will not be constrained through the additional time required to formally present the evaluation of these tenders to Council.

CONSULTATION


The Executive and Group Managers.


Council has sought advice from its legal panel and the Office of Local Government.


Environment


Social




Culture


Governance

Council will continue to call for, and award Tenders under Part 7 of the Local Government (General) Regulation 2005, the Office of Local Government Tendering Guidelines, and Council Procurement Guidelines.




Page | 133


There are no budget implications in relation to this report.


Procurement Guidelines

OPTIONS


Option 1

1. THAT in accordance with Section 377 of the Local Government Act 1993 Council delegates to the General Manager the power to accept tenders as detailed in Clause 178 of the Local Government (General) Regulation 2005.

2. THAT in any instance where it is proposed by a tender process to outsource work currently undertaken by Council staff or where tenders exceed adopted budget estimates the matter will be reported to Council for determination.

Option 2

THAT Council choose not to delegate the power to accept Tenders to the General Manager.


CONCLUSION

The matter is presented to Council for its determination.

ATTACHMENTS





Page | 134

14.2 Triple Zero (000) Cricket Challenge 2017 Request for Sponsorship

Reference: 1850/24 Report Author: Organisational Support Officer Authoriser: Deputy General Manager Operations, Finance & Risk Link to Delivery Program: Foster and support diverse interest groups to harness the

skills, passion, time and commitment of community members and organisation, and to leverage effective participation

PURPOSE The purpose of this report is to seek Council’s determination in regards to the annual sponsorship of the Triple Zero (000) Cricket Challenge and Expo at the Bradman Oval on 5 April 2017 in support of the Southern Highlands Suicide Prevention Program for Highland Youth.

RECOMMENDATION THAT Council determines its position with regard to the sponsorship of the Triple Zero Challenge 2017.

REPORT

BACKGROUND

Wingecarribee Council has for the past 3 years sponsored the Triple Zero Cricket Challenge at Bradman Oval by providing Traffic Management Services for the Challenge and the accompanying Emergency Services Expo held annually on St Jude Street during the match.

REPORT

The Triple Zero Cricket Challenge is a multi-team continuous cricket match held at the Bradman Oval between the five Southern Highlands ‘Triple Zero’ (000) Emergency Service Agencies to raise money for a youth focused Southern Highlands Charity and to present career and volunteering opportunities to Highlands youth.

Sir Donald Bradman’s vision was “to engage, inspire and educate” our youth and in 2017 as in the three previous years, the event will be held during Youth Week. In previous years the cricket match has been supported by Wingecarribee Shire Council, the Bradman Foundation and Cricket Australia who provide 2 past Australian players as representatives.

The Triple Zero Expo provides fantastic interactive displays and activities for the whole community designed to raise the awareness of the important role the emergency services play within our community and the opportunities that exist to become involved.




Page | 135

In previous years Council has supported the ‘Challenge’ by the provision of Traffic Management Services for the street expo. This year the cost for Traffic Management Services will be $1,700.

The Triple Zero Cricket Challenge has over the past 4 years become a much anticipated event amongst our Emergency Services Community allowing Emergency Service personnel the opportunity to come together in the spirit of sportsmanship for a day while raising money for youth in our community. In 2017 their contributions will once again go to the Southern Highlands Suicide Prevention Program which provides educational programs to Highlands Youth and much needed support to affected families.


There are no anticipated affects to Council’s fit for the future improvement plan.

CONSULTATION


There has been no Community consultation.


There has been no Internal Consultation


The Triple Zero Challenge Committee with representatives from:

NSW Police Fire and Rescue NSW NSW State Emergency Services NSW Ambulance NSW Rural Fire Service The Bradman Foundation


Environment


Social

The event provides a positive catalyst for the community to come together in the spirit of sportsmanship to support the Highland’s Emergency Services and better understand their role within our community while raising funds for charity.






Page | 136

Culture


Governance



The Contingency Fund has been identified as an appropriate funding source with a current balance of $4,969.

Should Council determine to support the Triple Zero Challenge in the amount of $1,700 for Traffic Management Services in 2017 the balance remaining in the contingency fund will be $3,269.


Nil

OPTIONS


Option 1

That Council supports the Triple Zero Cricket Challenge for 2017 in the amount of $1,700 for traffic management services and that this be funded from the Contingency Fund. This will leave a balance of the Contingency Fund of $3,269.

Option 2

That Council determine an alternate position.

CONCLUSION

The Triple Zero Cricket Challenge Committee seeks Council’s support of the Annual Triple Zero Cricket Challenge in 2017 in the amount of $1,700 for Traffic Management Services. This matter is submitted for Council’s determination.

ATTACHMENTS

There are no attachments to this report. Ann Prendergast General Manager Friday 9 December 2016



PETITIONS

Page | 137

16 PETITIONS

16.1 Petition 09/2016 - Stop Water Tankers Running 24/7 on Wombeyan Caves Road through Welby, Mittagong and Braemar

Reference: 100/8, LUA03/2011.04 Report Author: Administration Officer Authoriser: Group Manager Corporate & Community Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE The purpose of this report is to table a petition in relation to Item 10.1 LUA03/2011.04 – Modification to Enable Operation of Woodbine Park Water Extraction Facility 24 Hours a Day, All Days - 955 Wombeyan Caves Road, High Range. The petition includes comments from 109 people. A copy of the Petition has been placed in the Councillors’ Room and will be tabled at the Ordinary Meeting of Council.

RECOMMENDATION THAT Petition 09/2016 – Stop Water Tankers Running 24/7 on Wombeyan Caves Rod through Welby, Mittagong and Braemar- be received and the content of this report be noted.

REPORT A Petition has been received by Council stating: “Woodbine Nominees has applied for 24/7 operation of its heavy water tankers between High Range and Sydney. They travel the first 10 km of the Wombeyan Caves Rd and then the Old Hume Highway through Welby, Mittagong, Balaclava and Alymerton, returning the same way. Residents’ sleep, road safety and property values, plus the lives of countless native animals are potentially at risk. It’s time to say no! We request Wingecarribee Shire Council rejects the proposal and retains the current conditions, which limit operations to 7.00 am to 6.00 pm Monday to Friday. “Business exists for the good of communities, not the other way around …”



PETITIONS

Page | 138

ATTACHMENTS




PETITIONS

Page | 139

16.2 Petition 10/2016 - Objection to LUA03/2011.04

Reference: 100/8, LUA03/2011.04 Report Author: Administration Officer Authoriser: Group Manager Corporate & Community Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE The purpose of this report is to table a petition in relation to Item 10.1 LUA03/2011.04 – Modification to Enable Operation of Woodbine Park Water Extraction Facility 24 Hours a Day, All Days - 955 Wombeyan Caves Road, High Range. The petition has been signed by 11 people. A copy of the Petition has been placed in the Councillors’ Room and will be tabled at the Ordinary Meeting of Council.

RECOMMENDATION THAT Petition 10/2016 – Objection to LUA03/2011.04 - be received and the content of this report be noted.

REPORT A Petition has been received by Council stating: “We, the undersigned, object to the proposal by Woodbine Nominees to allow truck movements along the Wombeyan Caves Rd and beyond, 24 hours a day, 7 days a week. We request that Council reject the proposal LUA03/2011.04 and the original conditions restricting truck movement to Mon-Fri 7.00 am – 6.00 pm remain unaltered.”

ATTACHMENTS




COMMITTEE REPORTS

Page | 140

18 COMMITTEE REPORTS

18.1 Minutes of the Traffic Committee held on Thursday 24 November 2016

Reference: 107/6 Report Author: Administration Officer Authoriser: Manager Assets Link to Delivery Program: Provide safe and efficient road, cycle and where

appropriate, walking paths between and within town and villages, and conveniently located parking areas for cars and bicycles. Ideally, all road reserves to include provision for safe walking and cycling

PURPOSE This report provides the Minutes of the Traffic Committee meeting held on Thursday, 24 November 2016.

SUMMARY OF RECOMMENDATIONS AND ACTIONS FOR COUNCILLORS’ ATTENTION AND ADOPTION Item 5.1 Road Safety Officer Progress Report

THAT the projects/campaigns currently coordinated by Council’s Road Safety Officer be noted, particularly:

NSW Bike Week - BBT Bike Ride

Conducted the NSW Bike Week Community BBT Bike Ride supported by Transport for NSW, 25 September. The ride took place along the 9km stretch of the Bong Bong shared cycle path. The event supports NSW Bike Week, helping to promote safe cycling as a fun and healthy recreational activity in the Southern Highlands. The ride was attended by 107 cyclists (see photo end of report)

Motorcycle Awareness Month October, 2016.

Conducted a Roads and Maritime Services (RMS) motorcycle hazard identification evening with the ‘Classic and Enthusiast Motorcycle Club’ in Moss Vale Monday 10 October. Motorcycle club members were invited to attend the interactive session to discuss, survey and specifically target high risk crash locations and road hazards for surrounding areas in Wingecarribee Shire.

U Turn the Wheel

Conducted the third 2016 ‘U Turn the Wheel’ program. The event was attended by 170 Year 11 students from Chevalier College Wednesday 26 October.



COMMITTEE REPORTS

Page | 141

Child Restraints Checking Day

Conducted a combined child restraint In Store Information Display and Checking Day Saturday 12 November at Highlands Market Place. RMS authorised fitters from Highlands Pit Lane correctly fitted and/or checked over 27 child restraints. TC124/16 Item 5.2 Reporting on recent road crashes in the Shire

THAT the information be received and noted TC125/16 Item 5.3 Safety on Cumberteen Street, Hill Top

1. THAT a pedestrian warning sign be erected on Cumberteen Street north of Ligar Street facing southbound traffic

2. THAT Give Way signs and markings be installed on Cumberteen Street, Hill Top at the intersections of Government Street, Ligar Street and Pirrillie Street;

3. THAT the hold lines on Sackville Street at its junction with Cumberteen Street, Hill Top be remarked.

TC126/16 Item 5.4 2017 Burrawang Easter Saturday Fair

THAT there is no objection to the traffic arrangements proposed by the Burrawang Easter

Market Committee to conduct the Burrawang Easter Saturday Fair on 15 April 2017 subject

to the satisfactory completion of all requirements detailed in the Roads and Traffic

Authority’s Guide to Traffic and Transport Management for Special Events for a class 2

event. TC127/16 Item 5.5 2017 Australia Day Parade at Berrima

THAT permission be granted to hold the Australia Day Parade on Monday 26 January 2017 subject to the satisfactory completion of all requirements detailed in the Roads and Traffic Authority’s Guide to Traffic and Transport Management for Special Events for a class 2 event and Council’s Manual for Planning a Public Event. TC128/16 Item 5.6 Traffic mirror on Aylmerton Road, Aylmerton

1. THAT a traffic mirror not be installed on Aylmerton Road, Aylmerton at the rail overbridge;

2. THAT the centreline on Aylmerton Road over the bridge be remarked;



COMMITTEE REPORTS

Page | 142

3. THAT the NO OVERTAKING OR PASSING sign be removed and the NARROW BRIDGE sign put in its place;

4. THAT the 25 km/h reverse curve warning signs on each approach to the rail overbridge be replaced with 25 km/h reverse curve warning signs with red backgrounds;

5. THAT any missing guideposts on the approach to the rail overbridge be replaced;

6. THAT chevron alignment markers be installed on the curve east of the bridge at the end of the long straight;

7. THAT vegetation be trimmed on Aylmerton Road on each approach to the rail overbridge to improve sight distance to the bridge and signage.

TC129/16 Item 5.7 Southern Highlands Cycling Club Race Program

1. THAT approval be granted to Southern Highlands Cycling Club Inc. to conduct their 2016-17 Winter and Summer Race Program, including the NSW Road Cycling Championships, subject to the satisfactory completion of all requirements of the NSW Guidelines for Bicycle Road Races for a Class 2 Race Event;

2. THAT variable message signs (VMS) or suitable replacement signs be used for the NSW Road Cycling Championships for a week prior to 9 April 2017 on Wombeyan Caves Road, Greenhills Road and the Old Hume Highway;

3. THAT it is to be noted that the Traffic Committee considers that VMS are the most effective way to alert motorists and residents to the presence of cyclists and the date and time of the cycle races;

4. THAT it is to be noted that due to the late submission of the application, the SHCC will not gain approval from the Police (under Section 115 of the Road Transport Act, 2013 No. 18) for the 2016/2017 race program until 2017;

5. THAT to avoid delays in future, the applicant should submit a fully completed application four months in advance of the race program commencing.

TC130/16 5.8 New pedestrian access across rail line at Bundanoon

1. THAT there is no objection in principle to the installation of a new pedestrian access across the Main Southern Rail Line opposite the access to Bundanoon Pool;

2. THAT the project be added to the Roads and Drainage Capital Works list and funding for the works be considered with all other competing priorities when determining the future annual Capital Works program;

3. THAT Council apply for any available grants for the project. TC131/16



COMMITTEE REPORTS

Page | 143

5.9 Front in parking in Empire Cinema Car Park, Bowral

THAT the wheel stops in the sixteen car spaces beside the Bowral Rivers Store in the Empire Cinema Car Park be moved to 1.3m from the wall. TC132/16 5.10 Reverse Curves on Exeter Road, Sutton Forest 1. THAT 55 km/h curve warning speed advisory signs be erected on each approach to

the curves on Exeter Road, Sutton Forest at 750m and 950m east of the Illawarra Highway to replace the reverse curve warning signs;

2. THAT at least five chevron alignment markers per approach be installed on the curves on Exeter Road, Sutton Forest at 750m and 950m east of the Illawarra Highway.

3. THAT the safety environment in relation to power poles is still of concern to Council. TC133/16 5.11 Additional Taxi Zones in Bong Bong Street, Bowral THAT the information be received and noted and that the matter be kept under review. TC134/16 5.12 Parking Restrictions on Valetta Street, Moss Vale THAT the No Stopping zone on the northern side of Valetta Street, Moss Vale at its junction with Argyle Street be extended by four metres eastwards to clear the turning path for buses. TC135/16 5.13 Linemarking in Cliff Street, Bowral THAT a 25m long barrier line be marked in Cliff Street, Bowral east from Mittagong Road and that the line be marked 3.5m from the southern kerb line of Cliff Street. TC136/16 5.14 Bus Zone on Railway Avenue, Bundanoon

1. THAT a 25m long BUS ZONE 3.30-4.30PM be signposted on the southern side of Railway Avenue, Bundanoon just east of Osborne Street;

2. THAT the existing 32m long Bus Zone 40m west of Osborne Street be removed. TC137/16



COMMITTEE REPORTS

Page | 144

5.15 Safety in Albert Lane, Mittagong THAT traffic classifiers be placed on Albert Lane, Mittagong to measure the volume and speed of traffic and that the results be reported to the Traffic Committee. TC138/16 5.16 Parking Restrictions on Argyle Street, Moss Vale THAT the No Stopping zone outside 554 Argyle Street, Moss Vale be removed. TC139/16 5.17 Part-time Loading Zones in Bowral

THAT the part-time loading zones in Bowral be changed to full-time (LOADING ZONE 8.30AM-6PM MON-FRI 8.30AM-12.30PM SAT) at:

1. Bong Bong Street (eastern side) north of Banyette Street, and

2. Banyette Street (southern side) east of Station Street. TC140/16 5.18 Temporary closure of Suttor Road, Moss Vale

THAT it is to be noted that ARTC proposes to temporarily close Suttor Road, Moss Vale at the Moss Vale-Unanderra Rail Line from Friday 11 Dec to Tuesday 15 Dec 2016 to concrete the vehicle and pedestrian crossings of the rail line. TC141/16 5.19 Traffic Safety on Jellore Street, Berrima

THAT the unsealed roads in the road reserve of Jellore Street, Berrima west of Bryan Street not be signposted as one-way in a clockwise direction. TC142/16 5.20 Speed humps on Clarence Street, Moss Vale

1. THAT the speed humps on the corners at the entry to and the exit from Clarence Street Car Park be removed;

2. THAT the number of speed cushions on Clarence Street, Moss Vale be reduced to one pair on each approach to the Clarence Street car park with the northernmost and southernmost pairs of speed cushions to be retained and widened.

TC143/16



COMMITTEE REPORTS

Page | 145

5.21 Taxi Zone outside Moss Vale Public School THAT the preferred location for taxis to pick up and drop off students at Moss Vale Public School is within the school car park noting that there is a No Parking Taxis Excepted zone north of the children’s crossing in Browley Street which can also be used. TC144/16 5.22 Stop sign at Lyell Street and Old Bowral Road, Mittagong

THAT the vegetation in Old Bowral Road just east of Lyell Street, Mittagong be trimmed to improve sight distance at the junction. TC145/16 5.23 2018 Remembrance Day Service at Mittagong 1. THAT discussions be held with the various town RSL Sub-branches with a view to

holding a single Remembrance Day event in 2018.

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

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

TC146/16 5.24 Parking Restrictions on Main Street, Mittagong THAT a No Stopping zone be signposted to cover the driveway at 120 Main Street, Mittagong. TC147/16 5.25 Parking Restrictions outside the Moss Vale Uniting Church THAT a 2P 8.30AM-6PM MON-FRI 8.30AM-12.30PM SAT parking restriction be signposted in Argyle Street, Moss Vale along the frontage to the Uniting Church. TC148/16 5.26 Parking Restrictions on Merrigang Street, Bowral

1. THAT the two hour parking restriction on the northern side of Merrigang Street, Bowral between Bong Bong Street and the western side of the access to Merrigang Street Car Park be changed to 1P 8.30AM-6PM MON-FRI 8.30AM-12.30PM SAT;

2. THAT the two hour parking restriction on the southern side of Merrigang Street, Bowral between Bong Bong Street and the eastern side of the access to the Baptist Church be changed to 1P 8.30AM-6PM MON-FRI 8.30AM-12.30PM SAT;

3. THAT the loading zone on the northern side of Merrigang Street, Bowral west of the access to the Merrigang Street Car Park be extended westwards by 12m.



COMMITTEE REPORTS

Page | 146

4. THAT the marking of two traffic lanes west bound on Merrigang Street, Bowral on the approach to the signals at Bong Bong Street be reviewed by the RMS noting the need to install an extra detector loop at the traffic signals, adjust the lane markings and remove the two parking spaces on the southern side of Merrigang Street.

TC149/16 5.27 Date of the next Traffic Committee meeting

THAT the date of the next Traffic Committee meeting is Thursday 2 March 2017. TC150/16 5.28 Traffic Committee Action Sheet

THAT the information be received and noted TC151/16

RECOMMENDATION THAT recommendations Nos TC 124/16 to TC 152/16 as detailed in the minutes of the Traffic Committee Meeting held on Thursday 24 November 2016 be adopted, save for any items which have budgetary implications AND THAT action on any item with budgetary implications be delayed, pending consideration by the Finance Committee.

ATTACHMENTS

1. Minutes of the Traffic Committee meeting 24 November 2016



ATTACHMENT 1 Minutes of the Traffic Committee meeting 24 November 2016

Page | 147

ATTACHMENT 1




Page | 148




Page | 149




Page | 150




Page | 151




Page | 152




Page | 153




Page | 154




Page | 155




Page | 156




Page | 157




Page | 158




Page | 159




Page | 160




Page | 161




Page | 162




Page | 163




Page | 164




Page | 165




Page | 166




Page | 167




Page | 168




Page | 169




Page | 170




Page | 171




Page | 172




Page | 173




Page | 174




Page | 175




Page | 176




Page | 177




Page | 178




Page | 179



COMMITTEE REPORTS

Page | 180

18.2 Management and Advisory Committee Reports

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


PURPOSE

This report provides the Minutes of the following Committee Meetings, copies of which will be tabled for information: 1. Wingello Mechanics’ Institute Hall held on Monday, 24 October 2016. 2. Exeter Park Management Committee held on Monday, 7 November 2016. 3. Wingello Mechanics’ Institute Hall held on Monday, 28 November 2016.

RECOMMENDATION THAT the information contained in the following Committee Reports be noted: 1. Wingello Mechanics’ Institute Hall held on Monday, 24 October 2016. 2. Exeter Park Management Committee held on Monday, 7 November 2016. 3. Wingello Mechanics’ Institute Hall held on Monday, 28 November 2016.

ATTACHMENTS




QUESTIONS WITH NOTICE

Page | 181

19 QUESTIONS WITH NOTICE

19.1 Question with Notice 23/2016 - Dangerous Intersection at Moss Vale Road and Holly Road, Burradoo

Reference: 101/2, RD1909, RD8260 1520 Report Author: Administration Officer Authoriser: Group Manager Corporate & Community Link to Delivery Program: Ensure systems and processes are in place to achieve


To: General Manager

From: Clr Garry Turland

Received: 7 December 2016

Subject: Dangerous Intersection at Moss Vale Road and Holly Road, Burradoo

Question: Can Council staff and the Roads & Maritime Services report on when this intersection will be investigated for an upgrade due to the multiple accidents that occur at this intersection. I have brought this to the Traffic Committee’s attention in the past for attention.

Response: Moss Vale Road is managed by the RMS.

RECOMMENDATION

THAT the information in relation to Question with Notice 23/2016 – Dangerous Intersection at Moss Vale Road and Holly Road, Burradoo - be noted.




Page | 182

19.2 Question with Notice 24/2016 - 29 Gladstone Road, Bowral

Reference: 101/2, 06/1416 Report Author: Administration Officer Authoriser: Group Manager Corporate & Community Link to Delivery Program: Ensure systems and processes are in place to achieve


To: General Manager



Subject: 29 Gloadstone Road, Bowral

Question: Can Council reinstate the approved Development Application 06/1416 2007 subdivision on the above property because of substantial commencement because of the two water meters and waste bins? If this is not possible, can staff report on to why there is a delay on the planning proposal report being issues?

Response:

Physical commencement of a consent is defined within section 95(4) of the Environmental Planning and Assessment Act 1979 as Building, Construction or Engineering work. Water meter connections and waste bins cannot be construed as physical commencement of development consent.

A Planning Proposal has been lodged for this site. It is proposed to consider it in early 2017. Planning Proposals are considered in the order in which they are received. There are about 12 Planning Proposals which predate this one, being matters supported in the adopted Local Planning Strategy. Consideration of these matters has been delayed by the Department’s endorsement.

RECOMMENDATION THAT the information in relation to Question with Notice 24/2016 – 29 Gladstone Road, Bowral - be noted.




Page | 183

19.3 Question with Notice 25/2016 - DA16/0198 - 20/07/2016 - Bowral Co-op

Reference: 101/2, DA16/0198 Report Author: Administration Officer Authoriser: Group Manager Corporate & Community Link to Delivery Program: Ensure systems and processes are in place to achieve


To: General Manager



Subject: DA16/0198 - 20/07/2016 – Bowral Co-op

Question: Can Council staff review the above Development Application and report on the partial approval and request for approval of the retail sale of liquor?

Response:

Development Application 16/0198 requested approval for the use of an existing area within the Bowral Co-op as a neighbourhood shop for the sale of local produce being food (fruit and vegetables, preserves, cheeses, olive oils etc) and locally produced liquor. A neighbourhood shop is defined as follows:

neighbourhood shop means premises used for the purposes of selling general merchandise such as foodstuffs, personal care products, newspapers and the like to provide for the day-to-day needs of people who live or work in the local area, and may include ancillary services such as a post office, bank or dry cleaning, but does not include restricted premises.

The sale of liquor component of the development application was not permitted on the basis that the provision of retail alcohol in an industrial area is not considered to be a day-to-day need. Provision of retail liquor in an industrial area also raises concerns regarding social impacts and sets an unwanted precedent with permitting availability of alcohol in an industrial zone.

The sale of liquor i.e. a bottle shop, would be defined as a ‘shop’ under the Wingecarribee Local Environmental Plan 2010. A more suitable, and permissible, zone for such a use is the B2 Local Centre zone (coloured light blue in Figure 1) which is the CBD of Bowral from Station Street in the west, to Bendooley Street in the east, Bowral Street in the south to Bundaroo Street in the north:




Page | 184

Figure 1: B2 Local Centre Zone in proximity to Berrima Co-op Site

RECOMMENDATION

THAT the information in relation to Question with Notice 25/2016 – DA16/0198 – 20/07/2016 – Bowral Co-op - be noted.



NOTICES OF MOTION

Page | 185

20 NOTICES OF MOTION

20.1 Notice of Motion 37/2016 - Free Kerbside Clean Up Collection Service

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


PURPOSE Councillors Ian Scandrett and Larry Whipper have given notice that it is his intention to move the following motion at the Ordinary Meeting of Council on 14 December 2016: 1. THAT staff prepare a report on introducing a scheduled twice yearly Free

Kerbside Clean Up Collection Service to residential ratepayers. 2. THAT the report be presented as a 2017/18 budget proposal at the forthcoming

budget sessions in February/March 2017. 3. THAT the service be funded from the domestic waste charge. 4. THAT the service be provided to existing users of Council’s domestic waste

service. 5. THAT the service be considered for between 1 - 1.5 cubic metres per household

per collection.

RECOMMENDATION

Submitted for determination.

Preamble Council is well aware of a demand for a residential kerbside clean up service. The response to the recent trial clean up for the Northern Villages at Hill Top was substantial and indeed, overwhelming on the day. Overflow was so strong that free waste drops for locals who were turned away when capacity was reached [around 12.30] were then offered at the RRC for the day. It is clear that the best and most manageable way of delivering clean up services is at the household kerb, where pre-sorting of acceptable materials can be undertaken by the household to separate eg, metals for recycling.



NOTICES OF MOTION

Page | 186

Needless to say, other recycling and pick up [the Steptoe & Son effect] takes place at the kerb, thus reducing Council’s collection load and encouraging reuse, recycle, restore practices. Grants and other assistance may be available to assist this initiative. Electronic media could be utilised by Council and the community to assist in linking re-users with available materials such as furniture etc. There are a number of web and Facebook initiatives in this regard, some already used in the Shire. Wingecarribee Shire Council could provide two scheduled household clean ups per year for residents who currently utilise Councils waste collection service. The service should be designed to be compatible with Councils aims and best practice, and assist residents to manage and reduce their waste. To assist in controlling the delivery and environmental aspects of the service Clean Up materials would not be permitted out prior to the scheduled time, as early presentations might be regarded as illegally dumped rubbish and might attract a fine. Similarly materials put out late could also attract a fine as would unacceptable materials. Households should be able to place out up to 1.0 - 1.5 cubic metres [m3]. The actual m3

amount would be subject to separate cost analysis in the report to Council. A general guide to what would and wouldn't be allowed to be placed out would be in line with general waste experiences elsewhere.

COMMENT FROM STAFF A report is to be submitted for consideration of the proposal at the forthcoming 2017/18 Budget discussions.



NOTICES OF MOTION

Page | 187

20.2 Notice of Motion 38/2016 - Council Support for Wollondilly Shire Council's Opposition to Construction of a Gaol



PURPOSE Councillor Larry Whipper has given notice that it is his intention to move the following motion at the Ordinary Meeting of Council on 14 December 2016: 1. THAT Wingecarribee Shire Council support Wollondilly Shire Council’s

opposition to the construction of a 5,000 bed gaol within the Wollondilly Shire AND THAT Wingecarribee also oppose any attempt by the government to construct such a facility in the Wingecarribee Shire as well.

2. THAT Wingecarribee Shire Council forward an official endorsement of its

support under the signature of the Mayor to Wollondilly Shire Council, the Premier, the Hon Mike Baird, and the Member for Wollondilly, Mr Jai Rowell, MP.

3. THAT a public statement be made via a media release of Wingecarribee Shire

Council’s strong support for Wollondilly Shire Council’s opposition to the gaol based on the fact that Council agrees with our neighbouring Council that the proposal is fundamentally inconsistent with their vision for the lifestyle of residents of the region and also that such a facility would contradict the strategic planning framework of Wollondilly Shire Council to retain the “rural living” character of the Shire into the future.

RECOMMENDATION




NOTICES OF MOTION

Page | 188

20.3 Notice of Motion 39/2016 - Listing of DAs in Alphabetical Order



PURPOSE Councillors Ian Scandrett and Larry Whipper have given notice that it is their intention to move the following motion at the Ordinary Meeting of Council on 14 December 2016: 1. THAT Council list the DAs in alphabetical Village/Town order in all media,

business papers, etc, commencing in February 2017. 2. THAT additional resources that may be required be referred to in the budget

review.

RECOMMENDATION


Preamble Council is focussed on improving its communications with all stakeholders and has adopted policy in this regard. Our CSP research identifies communication needs to be improved and that development and environment are key wants. Noting that staff have advised the list in alphabetical order may require additional staff or electronic resources, this not to delay implementation in February 2017 and should be referred for funding on systems capex.



NOTICES OF MOTION

Page | 189

20.4 Notice of Motion 40/2016 - Request to Beautify Corner of Canyonleigh and Tugalong Roads



PURPOSE Councillor Ian Scandrett has given notice that it is his intention to move the following motion at the Ordinary Meeting of Council on 14 December 2016: 1. THAT Staff investigate a request from the Canyonleigh Community Association

that Council beautify the corner of Canyonleigh and Tugalong Roads AND THAT Council consult with the Association in regards to what could be included and possible part funding from outside Council.

2. THAT such landscaping concept plan be then submitted to Council for inclusion

in the forthcoming 2017/8 budget.

RECOMMENDATION


Preamble

Canyonleigh Association would like to see this corner beatified. The improvements would include landscaping and could include suggestions from the community such as a solar powered street light, a noticeboard similar to a RFS or school with changeable acrylic letters, a fire gauge, tourist and community information, this could include newer signage to local food cluster members, men’s shed etc. The Association has suggested that a suitable plan could include some funding from the community etc and they would discuss this with Council.

COMMENT FROM STAFF

Should Council support the Notice of Motion any funding for the development of a “landscape concept plan” and or subsequent works will be a matter for Council to determine as part of the deliberations related to the 2017/2018 Budget bearing in mind Council already has been provided with many other projects in the Unfunded Projects & Services List.



CLOSED COUNCIL

Page | 190

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 | 191

_

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

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

22.1 Tender - Telecommunications Site Manager

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)(c) as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and 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 Telecommunications Site Manager. The Telecommunications Site Manager is to be appointed to manage the Mount Gibraltar Telecommunications Tower at 232 Oxley Drive Bowral for and on behalf of Council.

22.2 Bulk Materials Tender

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)(c) as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and 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 supply of Bulk Materials for 2017.

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

Council’s resolution) be made public.



CLOSED COUNCIL

Page | 192

Ann Prendergast General Manager Friday 9 December 2016

file no: enter file no - wingecarribee shire · 2017-06-23 · civic centre, elizabeth st, moss...

Documents