shire services committee meeting - sutherlandshire.nsw.gov.au · shire services committee 6...

Business Paper

Shire Services Committee Meeting

Monday, 6 February 2017 6:30pm

Committee Rooms 203 and 204, Level 2, Administration Building

4-20 Eton Street, Sutherland

Shire Services Committee 6 February 2017

ORDER OF BUSINESS

1. ACKNOWLEDGEMENT OF COUNTRY 2. APOLOGIES 3. DISCLOSURES OF INTEREST 4. CONFIRMATION OF MINUTES OF THE PREVIOUS MEETING 5. PRESENTATIONS 6. REPORTS FROM OFFICERS

SER011-17 Dedication of 150 Old Illawarra Road, Barden Ridge as Public Reserve

SER012-17 Proposed Acquisition of Open Space at 7-8/1R The Esplanade, Sylvania

SER013-17 Transfer of Land to Council at Grays Point, Loftus and Heathcote

SER014-17 Proposed Sale of Land at 68R Carina Road, Oyster Bay

SER015-17 Proposed Telecommunication Tower - Dwyer Reserve, Caringbah South

SER016-17 Proposed Sale of 5 Evelyn Street North, Sylvania

SER017-17 Early Opening Cafes in Cronulla – Proposed Trial of Extended Trading Hours

7. QUESTIONS 8. CONSIDERATION OF BUSINESS IN CLOSED SESSION

9. CONFIDENTIAL REPORTS FROM OFFICERS


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SER011-17 DEDICATION OF 150 OLD ILLAWARRA ROAD, BARDEN RIDGE AS PUBLIC RESERVE

Attachments: Appendix A

EXECUTIVE SUMMARY

• Lot 102 Deposited 1028645 at 150 Old Illawarra Road, Barden Ridge (known as Barden Ridge

Park) is owned by Council and is classified Community Land.

• The land was compulsorily acquired by Council from Crown Lands in 2003 by Gazettal No. 154

of 26/9/2003 fol 9708 for the purpose of a community facility.

• The community facility (Scout Hall) is no longer required and Council resolved on 1 December,

2014 to use the land as a community park.

• To facilitate use of the land as a community park Council must resolve to dedicate the land as a

public reserve.

REPORT RECOMMENDATION

THAT:

1. Lot 102 DP1028645 at 150 Old Illawarra Road, Barden Ridge (known as Barden Ridge Park)

be dedicated as public reserve.

2. Subject to point 1, in accordance with the Power of Attorney dated 6 July 2016 BK 4710 No.

28, the General Manager execute any necessary documentation to give effect to this

resolution.

3. A notice be published in the government gazette of the dedication of Lot 102 DP1028645 at

150 Old Illawarra Road, Barden Ridge.


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PURPOSE

This report is to consider the dedication of Lot 102 DP1028645 located at 150 Old Illawarra Road,

Barden Ridge (known as Barden Ridge Park) as public reserve.

BACKGROUND

In 2002, Lot 102 DP1028645 at 150 Old Illawarra Road, Barden Ridge was declared Crown Land and

subsequently acquired by Council in 2003. An aerial view of the site is contained in Appendix A. In

2004, Council resolved to enter into a 21 year ground lease with Scouts Australia who intended to

construct a scout hall on the land (FIN179-04).

In 2014 Scouts Australia surrendered their lease, Council subsequently resolved to terminate the

lease, retain the land as community land and investigate the use of the land as a community park

(BDS062-15). In 2015 it was resolved that a Master Plan be developed for a park on the land

(WKS134-15).

DISCUSSION

Community consultation and planning is underway to transform the 2,679.5m2 site into a community

park. The current zoning of B1 Neighbourhood Centre and classification of Community Land allow for

this purpose however the 2003 gazette notification of the acquisition "for the purpose of a community

facility" precludes its use as a community park.

A resolution by Council to dedicate the land as a public reserve is therefore required to enable the

land to be used as a community park.

BUDGET AND RESOURCES Carriage of this matter is the responsibility of the Property Services Unit utilising existing resources.

POLICY Upon dedication as public reserve the standard Plan of Management - Parks will apply to the site.

Community consultation and Master Planning as required by the previous council resolution will

continue.

CONCLUSION

The previous intended use of the site located at Lot 102 DP1028645 located at 150 Old Illawarra

Road, Barden Ridge by the Scouts is no longer required, it is considered appropriate that the land now

be used by the community as a park. To facilitate this a Council resolution is required to reclassify the

land as public reserve, following which further work will continue with the community to transform the

site into a community park.


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RESPONSIBLE OFFICER The officer responsible for the preparation of this Report is the Manager Property Services, Lani

Richardson, who can be contacted on 9710 0614.

File Number: 2015/214031

5/01/2017

73360

Sutherland Shire Council Mapping

This map has been produced with the most current data available to Council as supplied by various sources.

INFORMATION IN THIS MAP IS SUBJECT TOCOPYRIGHT. Council is not responsible for any inaccuracies in the data

provided. Contact Council’s Land Information Unit (ph. 9710 0116) for more information. Printed:

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SER012-17 PROPOSED ACQUISITION OF OPEN SPACE AT 7-8/1R THE ESPLANADE, SYLVANIA

Attachments: Appendix A and Appendix B (Under Separate Cover)

EXECUTIVE SUMMARY

• The foreshore land located at 7-8/1R The Esplanade, Sylvania is zoned for open space

purposes and is privately owned.

• As this land is listed in the Sutherland Shire Local Environmental Plan 2015 Council has a

statutory obligation to acquire this property, Section 94 funds are held in trust for this purpose.

• Acquisition of this property will assist Council in achieving a contiguous open space corridor

along The Esplanade Foreshore Reserve for use by the community.

• Negotiations on purchase price have been ongoing since 2012 with the land owner and Council

jointly appointing a valuer who has made a recommendation on purchase price.

• However, the owner has since obtained a further valuation at a higher price and is claiming

hardship, requesting that Council purchase the property at the price recommended by his

valuer.


THAT:

1. The acquisition of Lot 7 Sec B DP 12157 and Lot 121 Sec B DP 12157 located at 7-8/1R The

Esplanade, Sylvania for open space purposes at terms and conditions to the satisfaction of the

General Manager, be approved.

2. In accordance with the Power of Attorney dated 6 July 2016 BK 4710 No. 28, the General

Manager execute any necessary documentation to give effect to this resolution.


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PURPOSE

The purpose of the report is to consider the acquisition of 7-8/1R The Esplanade, Sylvania (the

property) for open space purposes in accordance with the Sutherland Shire Local Environmental Plan

2015 (LEP 2015).

BACKGROUND Council is committed to creating public open space corridors identified in Council's LEP 2015 and has

been actively purchasing land along The Esplanade Foreshore Reserve at Sylvania for many years.

The foreshore properties have been zoned public open space or an equivalent zoning since at least

1980. Four land parcels along the foreshore are zoned RE1 - Public Recreation and remain in private

ownership, these are listed for acquisition in Council’s LEP 2015.

The property located at 7-8/1R The Esplanade, Sylvania consists of two waterfront lots, with a total

area of 170.7 square metres, The property has an associated dwelling separated by road and located

at 2 The Esplanade. The property has improvements consisting of a shed/cabana and part of a 50

year old concrete swimming pool. Attached to the land is a licence for domestic waterfront occupancy

(DWO) issued under Crown Lands Act 1989. Built upon this DWO are half of the pool (50.6sqm) and a

jetty (3.8sqm). An aerial view of the site is contained in Appendix A.

Council wrote to the original owner of the property in May 2007 outlining Council's interest in acquiring

the open space land, however the owner was not interested in selling. With the passing of the owner,

ownership of the property transferred to the current owner in 2012, since this time Council has been

negotiating for its purchase.

Council has previously considered a report regarding the acquisition of open space lands at The

Esplanade, Sylvania on 10 November 2014 (WKS055-15), resolving not to compulsorily acquire

properties and to continue negotiations with the land owners.

DISCUSSION

Offers of compensation have been made to the owner based on independent valuation advice

received by both parties however, the parties have not reached an agreement on value. In August

2016 following a round table meeting between the parties and their lawyers (the owner, being

represented by his solicitor James Soothill and George Miller QC), the parties agreed to jointly appoint

a valuer through the Australian Property Institute (API). A Presidential Appointment was therefore

signed agreeing that "The parties shall accept the determination of the appointed valuer as a binding

and final determination." PJC Property Services was appointed by the API on 9 September 2016 and

both parties have received this valuation advice.


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The owner separately instructed a second valuer, Statewide Valuations to prepare an additional

report. On 19 October 2016 and again on 9 November 2016 Council's solicitor advised the owner's

solicitor that "Council did not agree to and does not agree to being bound by any other valuer

appointed by any other organisation."

The owner's solicitor, Mr Soothill, has requested Council agree to the valuation determined by

Statewide as it is higher than the valuation determined by PJC Property Services. In support of this

request is the claim by the owner of financial hardship. Details of the valuation advice are contained in

Appendix B which is provided to Councillors Under Separate Cover.

BUDGET AND RESOURCES

Council has a statutory obligation under LEP 2015 to purchase the property and compensation must

be determined in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.

Compensation must be assessed as the market value of the property and Council is required to pay

the property owners reasonable legal costs and valuation costs. Funds for the purchase of the

property will be sourced from Section 94 funds which are held in trust for the purchase of land under

the LEP 2015.

The acquisition of 7-8/1R The Esplanade, Sylvania is the responsibility of the Property Services Unit

utilising existing resources.

POLICY

Acquisition of public recreation zoned land is carried out in accordance with Council's Open Space

Land Acquisition Policy. LEP 2015 lists the property for acquisition by Council and Section 5.1 states

that if the landowner will suffer hardship if there is any delay in the land being acquired by Council,

section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires Council to acquire

the land.

CONCLUSION

Acquisition of this property will assist Council in achieving a contiguous open space corridor along The

Esplanade Foreshore Reserve for use by the community. The acquisition of this property satisfies an

objective of the LEP 2015 and therefore the acquisition of the identified open space property should

proceed. Delegation should be given to the General Manager to negotiate favourable terms for the

purchase of the property in order to progress this matter.

RESPONSIBLE OFFICER The officer responsible for the preparation of this Report is the Manager Property Services, Lani



http://www.legislation.nsw.gov.au/%23/view/act/1991/22

http://www.legislation.nsw.gov.au/%23/view/act/1991/22

Proposed acquisition of 7-8/1R The Esplanade Sylvania

This map has been produced with the most current data available to Council as supplied by various sources. INFORMATION IN THIS MAP IS SUBJECT TOCOPYRIGHT. Council is not responsible for any inaccuracies in the data provided. Contact Council’s Land Information Unit (ph. 9710 0116) for more information.


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SER013-17 TRANSFER OF LAND TO COUNCIL AT GRAYS POINT, LOFTUS AND HEATHCOTE

Attachments: Appendix A, Appendix B and Appendix C

EXECUTIVE SUMMARY

• Three playing fields located at Loftus, Grays Point and Heathcote are no longer considered part

of the Royal National Park, it is proposed that the ownership of these sites be transferred to

Council.

• These fields have been maintained and embellished further by Council for over 40 years, the

transfer of ownership of the fields to Council will enable improvements to be undertaken without

requiring the consent of the National Parks and Wildlife Service.

• The simplest and most cost-effective method for the transfer is by compulsory acquisition by

agreement under the provisions of the Land Acquisition (Just Terms Compensation) Act 1991,

with Council to meet the survey, transfer and any other associated costs.

• The Minister for the Environment has agreed to transfer the lands to Council at nil

consideration.


THAT:

1. The three playing fields located at Loftus, Grays Point and Heathcote be compulsorily acquired

by agreement under the provisions of the Land Acquisition (Just Terms Compensation) Act

1991.

2. Correspondence be forwarded to the Minister for the Environment, the Hon Mark Speakman

MP seeking the Minister's consent to the transfer of the lands by compulsory acquisition by

agreement under the provisions of the Land Acquisition (Just Terms Compensation) Act 1991.

3. Council as the acquiring authority agrees to meet survey, transfer and any other associated

costs.




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PURPOSE

The purpose of this report is to obtain Council approval for the compulsory acquisition by agreement of

three playing fields located at Loftus, Grays Point and Heathcote from the National Parks and Wildlife

Service (NPWS).

BACKGROUND Council has occupied the three sites within the Royal National Park for use as playing fields since the

early 1970s. Aerial views of these sites are contained in Appendices A, B and C. In 1979, the NPWS

issued a 20 year licence agreement to Council to occupy the lands for use as sporting fields. When

the licence expired in 1999, the NPWS advised the use of the lands as sporting fields was inconsistent

with the Plan of Management for the Royal National Park. Consequently, requests to improve the

sporting facilities at the three sites became difficult.

In recent years, Council has liaised with the Minister for the Environment for acquisition of the lands. In

June 2016, the National Parks and Wildlife Amendment (Adjustment of Area) Act 2016 was assented

revoking the three playing fields from the Royal National Park in anticipation of the lands being

transferred to Council.

DISCUSSION

Discussions between Council and the NPWS have determined the efficient and cost effective method

of transfer is for Council to compulsorily acquire by agreement the sites. This is due to the current

situation which is that the Royal National Park is unidentified land and has no Lot or DP assigned to it.

To subdivide the park would require a costly and time consuming survey of the whole park, which is

approximately 15,000 hectares, to prepare a plan of subdivision and creation of first title.

Compulsory acquisition requires a plan of acquisition and can be undertaken by partial survey upon

consent from the Registrar General. This will create clean non-contestable titles in the name of

Council without the need for a further transfer of title if subdivided. Compulsory acquisition has the

added advantage of not requiring a development application.

As the compulsory acquisition is by agreement for nil compensation, the pre-acquisition notification

process of the Land Acquisition (Just Terms Compensation) Act 1991 is not required.

CONSULTATION

Council has liaised with the NPWS Reserve and Establishment team to determine the process of

transferring to Council the three playing fields.


Survey and transfer costs are estimated to be approximately $12,500, the transfer of the land to

Council is the responsibility of Property Services Unit utilising existing resources.


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POLICY

While Council has a policy of not compulsorily acquiring land where the land is privately owned this is

a unique situation not intended to be restricted by the policy. Compulsory acquisition by agreement is

the most efficient and cost-effective process, both parties are of this view.

CONCLUSION The transfer of ownership of the three sites will enable Council to undertake works to the sites without

requiring the consent of the NPWS. Discussions with NPWS in this regard support the transfer of

ownership to Council by way of compulsory acquisition at a nil amount, with Council meeting the

survey and transfer costs.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager Property Services, Lani



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SER014-17 PROPOSED SALE OF LAND AT 68R CARINA ROAD, OYSTER BAY

Attachments: Appendix A and Appendix B (Under Separate Cover)

EXECUTIVE SUMMARY

• Council owns Lot 352 DP561753 located at 68R Carina Road, Oyster Bay which is classified as

operational land, with a R2 Low Density Residential zoning. The land is a 485m2 landlocked

parcel which is not accessible to the public.

• The land is considered surplus to Council requirements and was approved for disposal in May

1990.

• It is proposed that the land be sold by way of a selective expression of interest to adjoining

owners, two of whom have expressed interest in purchasing the land.


THAT:

1. A selective expression of interest process to adjoining neighbours be undertaken for the sale

of Lot 352 DP561753 located at 68R Carina Road, Oyster Bay.

2. A contract for sale be executed on terms and conditions deemed satisfactory by the General

Manager.



resolution.


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PURPOSE

The purpose of this report is to recommend the sale of Council land being Lot 352 DP561753, located

at 68R Carina Road, Oyster Bay by way of a selective expression of interest to adjoining neighbours.

BACKGROUND

Council purchased Lot 352 DP561753 located at 68R Carina Road, Oyster Bay in 1973 for a future

residential subdivision which subsequently did not proceed. The property appears to be the only

property purchased towards the program and is now considered surplus to Council's need.

On 21 May 1990 Council resolved (FIN24A): "2. That approval be given to sell Rear 68 Carina Road by negotiations with the four adjoining

owners to achieve the respective values set by McGees in relation to the development potential

available to the purchaser at conditions approved by the General Manager/Shire Clerk."

Following the above resolution Council Officers undertook an expression of interest process with

adjoining neighbours which was unsuccessful. Council has now been approached by two adjoining

owners expressing their interest to purchase the property.

DISCUSSION

The property is vacant land with a significant slope and contains vegetation including bamboo and a

significant tree. The 485m2 property is legally landlocked and is capable of being utilised by adjoining

owners only. The property can only be accessed by 68 Carina Road, Oyster Bay which has had

continued exclusive access and undertaken some maintenance on the property since Council's

purchase in 1973. An aerial view identifying the subject property is provided in Appendix A.

The land is zoned R2 Low Density Residential under the Sutherland Shire Local Environmental Plan

2015 and is classified operational which permits the sale of the land. The development potential of the

land varies between the two owners due to the location of a significant tree within the property and the

respective location of the tree to adjoining neighbours.

Council has sourced an independent registered valuer, Southern Alliance Valuation Services, to

assess the current market value based on the highest and best use of the subject land and

consideration to its development potential. This valuation may be used as the sale reserve price.

Details of the valuation advice are contained in Appendix B which is provided to Councillors under

separate cover.


Carriage of this matter is the responsibility of the Property Services Unit utilising existing resources.

Funds from the sale of the property will be paid into the Property Fund to be allocated to future

investment options to be considered by Council.


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POLICY In keeping with a strategic focus, realising the locked capital held within this non-strategic asset allows

Council to take a strategic approach to its asset management and progress towards achieving long

term financial sustainability.

In addition, available literature from ICAC can be paraphrased as requiring Council to demonstrate it

has received a current market value for any property sold and that the sale is made in an open and

transparent manner in which no single party is granted an advantage over another party.

To this end, it is appropriate that Council sell the land by way of an expression of interest process to

all adjoining owners.

CONCLUSION There is no useful purpose for Council to retain ownership of this redundant vacant block of land. The

land is considered surplus to requirements and as the land is classified operational and able to be

sold, it is financially beneficial for Council to dispose of the land by way of expression of interest to an

adjoining owner.

RESPONSIBLE OFFICER The officer responsible for the preparation of this Report is the Property Services Manager, Lani



7/09/2016

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Sutherland Shire Council Mapping68R Carina Road Oyster Bay




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SER015-17 PROPOSED TELECOMMUNICATION TOWER - DWYER RESERVE, CARINGBAH SOUTH

Attachments: Appendix A, Appendix B and Appendix C

EXECUTIVE SUMMARY

• To rectify a telecommunication "blackspot" Optus has identified Dwyer Reserve, being Council

land located at 14 Oleander Parade, Caringbah South (Lot 32 DP 228640), as the best location

to install a new telecommunication tower.

• The Telecommunications Act 1997 (Cth) permits carriers to install infrastructure on public land.

The proposed tower is considered a high impact installation due to its 25-30 metre height and

being a new installation, it will require development consent.

• Optus is seeking the land owner's consent, being Council, to proceed its development

application for the tower construction. Public consultation will also be carried out as part of the

development application process.

• Council has eight existing telecommunication towers located on its land and receives

compensation on commercial terms from the telecommunication carriers.

• Council is entitled to compensation from Optus should the development application be

approved. For the 10 year term being sought by Optus, the amount of compensation equates to

approximately $321,000 + GST, applying IPART guidelines for telecommunication facilities.


THAT:

1. Council's consent, being the owner of the land located on Dwyer Reserve being Council land

located at 14 Oleander Parade, Caringbah South (Lot 32 DP 228640) be provided to allow a

development application to be lodged by Optus Mobile Pty Ltd for the construction of a

telecommunication tower.

2. Should the Development Application be approved, the Compensation/Access Deed, or

Agreement, or any other relevant documentation formalising the occupation by Optus Mobile

Pty Ltd to locate telecommunications equipment at 14 Oleander Parade, Caringbah South (Lot

32 DP 228640) be approved at terms and conditions to the satisfaction of the General

Manager.




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PURPOSE

This report seeks Council's approval to provide its consent, as the land owner, for a development

application to be submitted by Optus to establish a new telecommunication tower at Dwyer Reserve,

Caringbah South. An aerial view of the site is contained in Appendix B.

BACKGROUND Optus propose to swap an existing light pole with an updated monopole to allow installation of

telecommunication antennas above the existing field lights. Antennas would be mounted on the pole

along with the existing light arm. A photograph of what the proposed new pole could look like is

contained in Appendix A.

An Australian Government initiative, the Mobile Black Spot Programme, is extending coverage to

identified areas without coverage. Mobile phone services are regulated by strict industry codes and

guidelines. Before building any new structures service providers must consult with communities,

produce environmental electromagnetic energy (EME) reports and meet strict licensing conditions.

These requirements are assessed as part of the development application process, the precursor being

owner's (Council) consent being granted.

The provider has considered other sites in the area and in order to fill a 'blackspot', Dwyer Reserve

has been identified as the best solution. The overall height of the pole would be up to 30 metres. The

proposal also requires Optus to install a three metre by two metre brick shelter to house new

equipment which will be located adjacent the pole.

DISCUSSION

Under the Telecommunications Act 1997 (Cth), carriers such as Optus have powers to install and

operate telecommunication facilities on any land. Carriers often seek Council’s consent to place the

telecommunication facilities in public spaces such as sporting fields rather than on private residential

land. This minimises the impact of the facility on nearby residents. As the owner of the land, Council is

entitled to seek compensation.

This proposed telecommunication tower is considered a high impact installation due to it being a new

facility, as well as the height of the monopole which will be 25-30 metres. A development consent is

therefore required.

Council's support in principle by providing owner's consent for any development application will not

fetter Council's discretion as the consent authority in this matter in accordance with the Environmental

Planning & Assessment Act, 1979.


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CONSULTATION

This matter was referred to Council's Land Management Committee, a group of senior Council officers

with stakeholder interest in this site and this proposal. The committee did not raise any objection to the

new installation. Community consultation will be carried out as part of the development application

process.

Council will publically exhibit a proposal to occupy Council owned Community classified land in order

to comply with Section 47 of the Local Government Act.


There are eight telecommunication towers located on Council land throughout the Sutherland Shire

from which Council receives revenue. Council has supported the giving of owners consent to a

development application for a ninth to be located at Kirrawee Oval on 5 December 2016 (SER010-17).

Some of these towers have infrastructure for several operators and where this is the case Council

seeks additional compensation. (Appendix C contains a map showing locations of existing towers

across the Sutherland Shire). For the 2015/16 financial year Council received revenue of

approximately $388,000 + GST from these telecommunication facilities.

Property Services staff have followed the IPART guidelines for telecommunication facilities when

negotiating the compensation amount that Council will seek under the proposed

Compensation/Access Deed with Optus. Based on the IPART guidelines it is recommended that

Council agree to enter into a Compensation/Access Deed with Optus on the following commercial

terms:

Item Commercial Terms

Start Date As agreed between the parties subject to the occupation date for the facility

Term Two consecutive leases of five years

Commencing Compensation $28,500 + GST per annum

Compensation Reviews Annual increases by 3%

Entering into the Compensation/Access Deed at the above mentioned terms will provide additional

income to Council of approximately $321,000 + GST over the total 10 year term of the agreement.

POLICY

Telecommunication carriers have powers under the Telecommunication Act, 1997 (Cth) to install

facilities on public land however their preference is to negotiate with land owners to reach agreement

on new facilities rather than rely on their powers under the Act.


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In keeping with a strategic focus, realising the fiscal opportunity by entering into a commercially

favourable long term lease with the Telecommunications provider allows Council to meet its aim of

achieving long term financial sustainability.

IPART guidelines have been followed when negotiating commercial terms for the compensation

agreement. CONCLUSION

Council providing consent as land owner for the development application to allow the installation of the

monopole and ancillary infrastructure at Dwyer Memorial Park, Caringbah South is important for the

ongoing provision of telecommunication services to nearby residents. Council endorsing the

Compensation/Access Deed will ensure Council is appropriately compensated for the use of its land

as well as providing an ongoing income stream for Council.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Property Services Manager, Lani




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Location of Telecommunication Towers - marked red

This map has been produced with the most current data

available to Council as supplied by various sources.

INFORMATION IN THIS MAP IS SUBJECT TOCOPYRIGHT.

Council is not responsible for any inaccuracies in the data

provided. Contact Council’s Land Information Unit (ph. 9710

0116) for more information.


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SER016-17 PROPOSED SALE OF 5 EVELYN STREET NORTH, SYLVANIA

Attachments: Appendix A, Appendix B and Appendix C (Under Separate Cover)

EXECUTIVE SUMMARY

• This report is to consider the sale of Council land being Lot B Deposited 379630 located at 5

Evelyn Street North, Sylvania by way of public auction. The site contains a cottage which was

heritage listed in 1993 and has demonstrated connections to the Holt's Sutherland House

Estate.

• The land was purchased utilising Council's Property Fund in 2003 with the intention of the

development and sale of the site. Various options to restore, develop or sell the property have

been considered by Council over the past 14 years.

• Restoration of the site has never eventuated and the property is considered surplus to Council

requirements.

• Proceeds of the sale would be returned to the Property Fund to be allocated to potential future

investments opportunities.


THAT:

1. A public auction process be undertaken for the sale of Lot B DP 379630 located at 5 Evelyn

Street North, Sylvania and if the auction reserve price is reached, a contract for sale at terms

and conditions to the satisfaction of the General Manager be entered into.



resolution.


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PURPOSE

This report is to consider the sale of Council land being Lot B Deposited Plan 379630 located at 5

Evelyn Street North, Sylvania by way of public auction. An aerial map of the site is contained in

Appendix A.

BACKGROUND The following is a chronological history of decisions undertaken by Council in regards to the site:

1993: The property was listed on Sutherland's Heritage Schedule.

2003: Council considered a report regarding a request to remove the item from the Heritage Schedule,

resolving to acquire the property, to relocate and restore the dwelling, to construct one large

townhouse and to classify the land as operational with the objective of selling the site (FIN198-03).

The 588m2 deceased estate at 5 Evelyn Street North, Sylvania was purchased using Property

Investment Fund money with the intention to make a profit.

2003: A heritage impact statement was undertaken by Truman, Zaniol and Associates Pty Ltd which

highlighted the elevated significance of the site due to the association with the Holt estate and

suggesting that the site may be of historical significance for the State.

2004: Development consent granted for alterations to the existing cottage including the addition of a

first floor.

2006: Council resolved to not proceed with restoration of the site and to test the property market by

seeking offers to purchase the property with the retention of the heritage item listing (FIN148-06). One

offer was received which was not accepted.

2007: Council on finding inadequate opportunities for a financially viable option for the conservation of

the site, sought further options from Tanner Architects including:

• Demolition of the rear wing and construction of a rear two storey addition.

• Relocation of the cottage on site and construction of an addition.

• Relocation of the cottage to a park in the Sutherland Shire.

• Demolition of the cottage following archival recording.

2008: A History and Historical Assessment report was commissioned which defined the connection

between the Holt Estate and the cottage; the cottage being the only remaining building. A further

report by Dr Annable determined that much of the existing fabric of building is original.


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2010: A Conservation Management Plan (Clive Lucas, Stapleton and Partners Pty Ltd) advised "The

Holt Estate Cottage property is historically significant as the oldest known house in Sylvania and the

only remaining building of the estate of the c1879 mansion Sutherland House from which the name of

this area of Sydney is derived. It has historical associations with Thomas Holt, a prominent colonist in

business and politics in NSW and the largest land-holder in the Sutherland Shire in the 19th century. It

is aesthetically significant as it contains a relatively well preserved c1860s-1870s hardwood framed

weatherboard cottage that is the earliest in Sylvania and demonstrates the principal features of its

type. Original fabric of note includes weatherboard cladding, hardwood framing, multi-pane sash

windows and timber joinery. For its intactness and as the sole surviving example of its architectural

type in Sylvania, the cottage possesses both representative significance and rarity. The property is

held in esteem by the community for its heritage values and, because of its rarity, is of moderate

archaeological potential."

The plan also provided advice on the restoration and adaption of the site.

2012: Council gave consideration to lodging a development application, however this was not

pursued.

2012: A Heritage Review undertaken by Jennifer Hill from Architectural Projects Pty Ltd which

reiterated the historical significance of the site due to the Holt association and advised that:

"The building is a rare example of important typology in the area late Nineteenth Century vernacular

cottage. The building is a rare example of Pre twentieth century construction in the Sutherland Shire.

The building has a high level of integrity. The building demonstrates principal characteristics of late

Nineteenth Century vernacular cottage in the Sutherland Shire.”

2013: Council approved the lodgement of a development application for the demolition of the cottage

and for the documentation of the historical significance of the cottage, the land to be sold by public

auction (FIN109-13).

2013: In compiling the DSSLEP2013 Heritage Schedule, Council resolved to adopt a transfer of the

current LEP schedule, which retained the listing of the site on the Heritage Schedule.

2013: Council resolved to remove the site from the Heritage Schedule (Mayoral Minute No. 06/13-14).

However, an Independent Review of DSSLEP 2013 advised that:

“Where a council owns a heritage item, and therefore has a financial interest in whether or not it is

listed, there is an even higher threshold for the transparency and rationale of the decision to list or de-

list. Such a decision should always be supported by independent expert advice.”

The Panel recommended that 5 Evelyn Street North should remain on the Heritage list.

2014: The cottage was vandalised and asbestos walls damaged. Under an emergency order the

asbestos was removed and the premises fenced.


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DISCUSSION

The property has been vacant since its purchase in 2003 and currently is in a significant state of

disrepair, photographs of the site are contained in Appendix B. Neither the land nor the cottage are

identified in any strategic or community plans for Council and the property is considered surplus to

Council requirements. With the constraints imposed on the property due to its heritage listing the

property is an uneconomic investment for Council to pursue.

Advice has been requested from local real estate agents regarding the current value of the property,

these have been distributed to Councillors under separate cover (Appendix C). Council receives

regular purchase enquiries from the public and there is considered to be a competitive market for the

property with its heritage listing.

BUDGET AND RESOURCES Proceeds from the sale of the property will be returned to the Property Investment Fund to be

allocated to future investment options to be considered by Council. This fund was established in 1990

and has been used to fund long term investments, which have included:

• Hazelhurst

• Menai Indoor Sports Centre

• Cronulla Waste Water Scheme

• Cronulla Central

• Engadine Community Facility

• The Ridge Sports Complex

Costs associated with the sale of the property are the responsibility of the Property Unit and will be

paid from the Property Investment Fund.

POLICY

In keeping with a strategic focus, realising the locked capital held within this non-strategic residential

asset allows Council to take a strategic approach to its asset management and progress towards

achieving long term financial sustainability and the opportunity to fund future infrastructure needs.

In addition, available literature from ICAC can be paraphrased as requiring Council to demonstrate it

has received current market value for any property sold and that the sale is made in an open and

transparent manner in which no single party is granted an advantage over another party. Council will

meet this obligation by undertaking a public auction process.

CONCLUSION

There is no currently identified community or strategic purpose for Council to retain ownership of this

property. The property's operational classification permits the property to be sold and it is considered

financially beneficial for Council to sell the property by way of public auction.


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RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager Property Services, Lani



11/01/2017

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at A4 673Scale 1:

Metres


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Figure 1: Front south east corner

Figure 2: Back south west corner


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Figure 3: Front north east corner

Figure 4: Bathroom Figure 3: Lounge room


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SER017-17 EARLY OPENING CAFES IN CRONULLA – PROPOSED TRIAL OF EXTENDED TRADING HOURS

Attachments: Appendix A

EXECUTIVE SUMMARY

• Cronulla has for many years been a location for leisure, tourism and recreation. The

composition of food shops in Cronulla has grown and changed over the last decade and now

includes a significant number of cafes serving the growing demand for early morning custom,

with quality coffee and refreshments, featuring heavily.

• Currently cafes operate varying trading times, it is proposed that a six month trial be

undertaken, with cafes in Cronulla participating on a voluntarily basis, in the provision of a

standardised opening time commencing at 5:30am and with outdoor dining commencing at

6:30am.

• This is an economic growth opportunity to cater for an expanding market while providing indirect

passive surveillance and safety benefit to the area and being sympathetic towards residential

impacts.

• A successful trial could result in a review of Council’s draft Development Control Plan and the

extension of this initiative to other business areas where there is a similar strong patronage of

cafes in the early morning by commuters and others.


THAT:

1. A six month trial be facilitated enabling cafes within the Cronulla centre to open at 5:30am with

outdoor seating available from 6:30am, in consultation with the Cronulla Chamber of

Commerce and the Economic Development and Tourism sub-committee, subject to the

conditions referred to in this report to encourage economic and community activity.

2. The conditions of consent which restrict early morning trade and related operational conditions

for all cafes in Cronulla central after 5:30am not be enforced for the duration of the trial, taking

significant impacts on residential amenity into account.

3. A review of the trial be conducted following its completion and consideration be given to a

review of Council’s draft Development Control Plan to allow cafes to apply for permanent

earlier opening hours.


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PURPOSE The purpose of this report is to provide details of the opportunity which exists for Council to trial an

initiative aimed at encouraging greater economic activity and social interaction in the Cronulla centre

during the early morning.

BACKGROUND Through a range of strategic planning documents, Council has for an extended period of time

identified Cronulla as its preferred centre for recreation, leisure and tourism. This is in recognition of

Cronulla’s beach side location, existing retail and dining facilities, and high desirability as a destination

for local residents and visitors.

Cronulla has changed over the last decade to become a more diverse, active and cosmopolitan

centre. Cronulla now comes to life early in the morning with people partaking in physical activity,

commuters leaving for work and nearby residents enjoying the growing number of local cafes. The

centre is busy during the day with people shopping, enjoying the beach, and busy at night at the

centre's many restaurants and late-night venues.

Early morning activity is a new economy which presents an opportunity for local businesses, for

example, commuters will choose to buy coffee or breakfast at their destination if there are no cafes

open when they leave for work. Not pursuing this opportunity has repercussions for the local economy,

which not only affects local cafe owners, but also the employment they can offer and local cafe

suppliers. In addition this activity in the centre in the early morning increases community cohesion and

safety. Cafes provide a meeting point or destination to attract local residents and visitors who may

otherwise not be active in the morning or may go elsewhere to exercise or meet.

Newer residents have moved to Cronulla seeking the lifestyle that it now has to offer. There are

however some residents living close to the commercial centre whose lifestyles come into conflict with

the early and late trade that has expanded in recent years. These residents have raised issues with

Council particularly in relation to noise generated by cafe equipment, patrons, service vehicles, and

patron’s vehicles. As the character of Cronulla evolves over time Council has a role in setting policy

that shapes that way the area functions and, in response, people will make choices about where they

reside.

DISCUSSION

The conditions under which cafes operate vary considerably with some cafes having no approval,

some have older, more conservative approvals, while others have newer approvals with longer trading

hours. Strictly speaking, each cafe must operate under the terms of their approval and can only vary

those hours if Council grants consent to modify the relevant development consent. This process is

seen by many as inhibiting small business and economic growth.


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Council’s draft Development Control Plan (DDCP) provides guidance on how trading hours should be

approached. The DDCP maps areas as low, intermediate and high activity, and then assigns base and

possible extended hours to each category. Appendix A contains a map which shows these details for

Cronulla.

In preparing the DDCP, Council’s attention was more focussed on managing late night trading, as

historically this caused the most number of complaints. The DDCP also differentiates trading hours

between licensed and unlicensed premises. The maximum trading hours recommended in the DDCP

are as follows:

USE BASE HOURS EXTENDED HOURS

High Activity

Area

Intermediate Activity

Area

High Activity

Area

Intermediate Activity Area

Unlicensed Cafe

6am - midnight 6am - 11pm 6am - 3am 6am - midnight

USE BASE HOURS EXTENDED HOURS

High Activity Area Intermediate Activity

Area

High Activity Area Intermediate Activity

Area

Indoors Outdoors Indoors Outdoors Indoors Outdoors Indoors Outdoors

Licensed Cafe

6am-

midnight

(10am-

10pm

Sundays)

6am-

10pm

(10am-

9pm

Sundays)

6am-

11pm

(10am-

10pm

Sundays)

6am-

10pm

(10am-

9pm

Sundays)

6am-

3am

6am-

midnight

6am-

midnight

6am-

11pm

The above are the maximum hours allowed provided an applicant can satisfy certain considerations

set out in the DDCP. These include:

• Local amenity;

• Noise management;

• Safety and security;

• Having a management plan in place; and

• Assessment principles regarding trial periods and reviewable conditions.

A pattern of approved opening hours for cafes has emerged over recent years. This has taken into

account the DDCP, the need to be equitable and consistent, the number of objections received to

development applications and the number of complaints received when cafes open early. Generally

cafes in Cronulla have been approved to open from 6:00am with outdoor seating allowed from

7:00am.


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There is a range of other issues that regularly emerge which are also often managed by consent

conditions. These include:

• Deliveries – time and types of vehicle;

• Waste collection - time and types of vehicle;

• Playing of music;

• Keeping doors closed until certain times to contain noise;

• Moving of furniture out onto the footpath before the time at which outdoor seating is allowed;

• Implementation of acoustic measures, including physical works and work practices;

• Use of management plans to summarise measures to limit impact.

Proposal It is proposed that Council as a proactive initiative invite cafes to participate in a six month trial of

earlier opening hours, being 5.30am opening and 6.30am for outdoor seating. To achieve a balance, a

suite of terms could be linked to the trial to manage potential impacts and a safeguard put in place to

terminate the trial for particular venues if substantive complaints are received. Operators wishing to

take advantage of the trial would need to also take responsibility for managing the impacts of their

business on residential neighbours.

The proposed terms of the trial are:

• Open for inside and take-away trade at 5:30am (furniture may be stacked outside if required);

• Outdoor seating available for patrons from 6:30am;

• No deliveries by vehicles larger than three tonnes prior to 7:00am;

• No amplified sounds audible outside the premises prior to 7:00am;

• All care taken by staff to minimise noise (e.g. no dragging of furniture or banging of spent coffee

into bins);

• Staff to use best endeavours to manage and educate patrons to respect neighbours;

• Any special, site specific consent conditions about the management of the cafe to be observed

(e.g. keeping a particular door or window closed to contain noise);

• The intent of existing plans of management to be observed.

Cafes that agree to participate would be asked to sign an agreement stipulating these terms and

would be required to provide feedback at the conclusion of the trial on any adverse affects of the trial

and the impact of the trial on their business.

Council could monitor any complaints received during the trial which would be taken into consideration

in a potential review of the trading hours provisions in the DDCP. Any complaints received

demonstrating serious, unacceptable impacts on residents may result in that particular venue being

removed from the trial and reverting back to its approved hours. Serious complaints which are

substantiated will be managed through a process that includes education and advice to have cafe

operators take measures to address issues raised in a timely and constructive manner. Repeat

substantiated serious complaints will result in that businesses being removed from the trial.


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CONSULTATION Consultation on the proposed trial will be undertaken with the Cronulla Chamber of Commerce and the

Economic Development and Tourism Committee.

BUDGET AND RESOURCES Implementation of the trial will involve the Economic and Community Development, Communication

and Shire Events, Environment Health and Building and Public Safety and Lifeguards units utilising

existing budgets.

The Economic and Community Development unit will work with the local business chamber to provide

information to local businesses and cafe operators, and to evaluate the success of the trial from the

local businesses and cafe operators’ perspective. A broader communication strategy will be prepared

by the Communication and Shire Events unit to inform the wider community.

Complaints during the trial will be managed by the Environment Health and Building unit, with

assistance from Public Safety and Lifeguards unit. Where needed, it is possible to triage complaints

received with the aid of CCTV camera vision present in the Cronulla CBD area where early morning

observations will aid in verifying complaints. Additionally, a pro-active foot patrol program conducted

once a fortnight will be initiated during the trial period which will review feedback and complaints

received and record observations.

POLICY Guidance in regard to trading hours is provided by Council's draft Development Control Plan (Chapter

36) which assigns areas as low, intermediate and high activity, and then assigns base and possible

extended hours to each category. Depending on the outcomes of this trial Council could look to amend

the DDCP at a future point in time.

CONCLUSION The proposed Cronulla cafe early opening trial is a proactive initiative that could potentially deliver

economic and social benefit for the community. A balance ultimately needs to be struck between the

preferences of the business community, cafe patrons, and people living in close proximity to Cronulla

centre. A successful trial in the Cronulla area of this proposal could result in a review of Council’s

DDCP and an extension of this initiative to other business areas where there is a similar strong

patronage of cafes in the early morning by commuters and others.

RESPONSIBLE OFFICER The officer responsible for the preparation of this Report is the Director Shire Planning, Peter Barber,

in conjunction with the Manager Economic and Community Development, Rebecca Wood, who can be

contacted on 9710 0030.



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