agenda of ordinary meeting of council - 12 august 2015 · 8/12/2015 · applicant: allman johnston...

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

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

File No: 100/2015

7 August 2015

Dear Councillor,

You are kindly requested to attend the Ordinary Meeting of Wingecarribee Shire Council to be held in Council Chambers, Civic Centre, Elizabeth Street, Moss Vale on Wednesday 12 August 2015 commencing at 3.30pm.

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, 12 August 2015 at 3.30pm.

RUNNING SHEET

Time Item

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

Acknowledgement of Country - Clr L A C Whipper

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

3.32pm Opening Prayer – Chaplain Richard Cormick, Hill Top Church

3.35pm Apologies - Clr G McLaughlin

Adoption of Previous Minutes – Wednesday, 22 July 2015

Business Arising (if any)

Declarations of Interest (if any)

Mayoral Minute (if any)

Public Forum (if any)

Motion to move into Committee of the Whole - Clr Larry Whipper

Visitor Item –

Item 10.1 DA 14/1332Use of Store Room for Roadside Stall and Use of Existing Kitchen for Preparing Produce for Sale - Montrose Berry Farm, 11 Ormond Street, Sutton Forest

Item 10.2 DA 14/1329 Temporary Use of an Existing Barn for Wedding Receptions - Montrose Berry Farm, 11 Ormond Street, Sutton Forest

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

Questions with Notice

Notices of Motion

General Business Questions

7.40pm Closed Committee

8.00pm Meeting Closed

Ann Prendergast General Manager

AGENDA FOR THE ORDINARY MEETING OF COUNCIL

Wednesday 12 August 2015

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Business

1. OPENING OF THE MEETING

2. ACKNOWLEDGMENT OF COUNTRY

3. PRAYER

4. APOLOGIES

Clr G McLaughlin

5. ADOPTION OF MINUTES OF PREVIOUS MEETING

Ordinary Meeting of Council held on 22 July 2015

6. BUSINESS ARISING FROM THE MINUTES

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

8. MAYORAL MINUTES

9. PUBLIC FORUM

COMMITTEE OF THE WHOLE

10. VISITOR MATTERS

OPERATIONS, FINANCE & RISK

Nil

CORPORATE, STRATEGY & DEVELOPMENT SERVICES

10.1 DA 14/1332 Use of Store Room for Roadside Stall and Use of Existing Kitchen for Preparing Produce for Sale - Montrose Berry Farm, 11 Ormond Street, Sutton Forest ................................................. 2

10.2 DA 14/1329 Temporary Use of an Existing Barn for Wedding Receptions - Montrose Berry Farm, 11 Ormond Street, Sutton Forest ... 4

11. EN BLOC MOTION

12. OPERATIONS FINANCE & RISK

12.1 Construction of a Pedestrian Facility in Waverley Parade, Mittagong ..... 6

12.2 Construction of Roadworks Projects Funded by the Australian Government's Black Spot Program ........................................................ 9

12.3 Emergency Culvert Renewal - Oxley Street Berrima ............................ 12

12.4 Investment Report as at 30 June 2015 ................................................ 15

13. CORPORATE STRATEGY & DEVELOPMENT SERVICES

13.1 Development Applications Determined 20.6.2015 to 19.7.2015 ........... 20

13.2 Development Applications Received 20.6.2015 - 19.7.2015 ................ 28

13.3 Draft Section 94A Plan - Revision 1 Post Exhibition ............................ 36

13.4 Planning Proposal to Rezone 3 Sites from RE1 .................................. 40



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13.5 Retford Park Planning Agreement Post Public Exhibition ..................... 56

13.6 Withdrawal from Inland NSW Regional Tourism Organisation ............. 64

13.7 RFT 6330/15.3 Lighting Upgrade Moss Vale Civic Centre ................... 70

13.8 Request to Waive Development Application Fees as a Refund for Works Carried Out to Springett House Bowral ..................................... 71

13.9 Request for Leave of Absence - Clr Graham McLaughlin .................... 74

Mayor to resume chair at 5.30 pm

COUNCIL MATTERS

14. GENERAL MANAGER

14.1 Staff Matter .......................................................................................... 76

15. DELEGATE REPORTS

16. PETITIONS

Nil

17. CORRESPONDENCE FOR ATTENTION

Nil

18. COMMITTEE REPORTS

18.1 Management and Advisory Committee Reports ................................... 77

18.2 Access Committee Minutes 15 June 2015 ........................................... 79

19. QUESTIONS WITH NOTICE

Nil

20. NOTICES OF MOTION

20.1 Notice of Motion 36/2015 - Presentation by Southern Highlands Coal Action Group ........................................................................................ 91

21. GENERAL BUSINESS

Nil

22. CLOSED COUNCIL

Moving into Closed Session ...........................................................................92

22.1 RFT 6330/15.3 Lighting Upgrade Moss Vale Civic Centre This report is referred to Closed Committee in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)d(ii) as it contains information that would, if disclosed, confer a commercial advantage on a competitor of the council and the Council considers that it would be on balance contrary to the public interest to consider this information in Open Council.

22.2 Staff Matter This report is referred to Closed Committee in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)(a) as it contains personnel matters concerning particular individuals (other than councillors) and the Council considers that it would be on balance contrary to the public interest to consider this information in Open Council.



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23. RESUMPTION OF OPEN COUNCIL

Resumption of Open Council

Adoption of Closed Session

24. ADOPTION OF COMMITTEE OF THE WHOLE

25. MEETING CLOSURE



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Our Mission, Our Vision, Our Values

OUR MISSIONTo create and nurture a vibrant and diverse community growing

and working in harmony with our urban, agricultural and natural

environments

OUR VISION

OUR VALUES

Environment: ‘A community that values

and protects the natural environment

enhancing its health and diversity’

Economy: ‘A strong local economy that

encourages and provides employment,

business opportunities and tourism’

Leadership: ‘An innovative and effective

organisation with strong leadership’

People: ‘A vibrant and diverse

community living harmoniously,

supported by innovative services and

effective communication with Council’

Places: ‘Places that are safe,

maintained, accessible, sympathetic to

the built and natural environment, that

supports the needs of the community’

Integrity, trust and respect

Responsibility and accountability

Communication and teamwork

Service quality



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Council Chambers

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

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

En

tra

nc

e D

oor

Media Table

Public Public

Councillors

Mayor

Clr Duncan Gair

General Manager

Ann Prendergast

Minute Taker

Elizabeth Johnson



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DECLARATIONS OF INTEREST

101/3, 101/3.1

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



REPORT DEPUTY GENERAL MANAGER CORPORATE, STRATEGY & DEVELOPMENT SERVICES

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COMMITTEE OF THE WHOLE

10 VISITOR MATTERS

CORPORATE STRATEGY & DEVELOPMENT SERVICES

10.1 DA 14/1332 Use of Store Room for Roadside Stall and Use of Existing Kitchen for Preparing Produce for Sale - Montrose Berry Farm, 11 Ormond Street, Sutton Forest

Reference: 14/1332 Report Author: Acting Team Leader Town Planning Authoriser: Group Manager Planning, Development & Regulatory

Services Applicant: Allman Johnston Architects Owner: Bruce & Fiona Robertson Link to Corporate Plan: Retain and make more distinctive the special qualities that

make each town or village unique

PURPOSE The purpose of this report is to consider a development application, 14/1332, which seeks consent to utilise a store room as a roadside stall and use an existing kitchen for the preparation of produce for sale at Montrose Berry Farm, 11 Ormond Street, Sutton Forest. The application has been requested to be determined at a Council meeting. The application assessment was outsourced to an external Town Planning Consultancy firm. The consultant’s report for consideration by Council is at Attachment 1.

VOTING ON THE MOTION

Councillors are required to record their votes on this matter.

RECOMMENDATION THAT the recommendation by the Town Planning Consultancy firm as printed in Attachment 1 to the report which reads as follows, be ADOPTED by Council.

THAT development application 14/1332 which seeks development consent for the use of part of an existing cottage as a roadside stall and the use of an existing commercial kitchen within the barn building for the processing of agricultural produce for sale to the public at Montrose Berry Farm, Lot 2 DP 620221, 11 Ormond Street, Sutton Forest be APPROVED subject to conditions of consent as described in this report.




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REPORT

BACKGROUND

This Council report forms a covering report to the report on development application 14/1332 which been prepared by an external Town Planning Consultancy who has been appointed to undertake an assessment of development application 14/1332 in accordance with the provisions of section 79C of the Environmental Planning and Assessment Act 1979.

The report prepared by the Consultancy firm for Council consideration is provided at Attachment 1.

OPTIONS

The options available to Council are:

Option 1

Approve the development application in accordance with the recommendation as made by the Town Planning Consultancy printed in Attachment 1.

Option 2

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

Option 1 is the recommended option to this report.

ATTACHMENTS

1. Independent Planning Report - circulated under separate cover

2. Proposed Plans of Development - circulated under separate cover




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10.2 DA 14/1329 Temporary Use of an Existing Barn for Wedding Receptions - Montrose Berry Farm, 11 Ormond Street, Sutton Forest

Reference: 14/1329 Report Author: Acting Team Leader Town Planning Authoriser: Group Manager Planning, Development & Regulatory

Services Applicant: Allman Johnston Architects Owner: Bruce & Fiona Robertson Link to Corporate Plan: Retain and make more distinctive the special qualities that

make each town or village unique

PURPOSE The purpose of this report is to consider a development application, 14/1329, which seeks consent for the temporary use of an existing barn for wedding receptions at Montrose Berry Farm, 11 Ormond Street, Sutton Forest. The application has been requested to be determined at a Council meeting. The application assessment was outsourced to an external Town Planning Consultancy firm. The consultant’s report for consideration by Council is at Attachment 1.



RECOMMENDATION THAT the recommendation by the Town Planning Consultancy firm as printed in Attachment 1 to the report which reads as follows, be ADOPTED by Council.

THAT development application 14/1329 which seeks development consent for the temporary use of the barn for wedding receptions at Montrose Berry Farm, Lot 2 DP 620221, 11 Ormond Street, Sutton Forest be APPROVED, subject to conditions of consent as described in the report.

REPORT

BACKGROUND

This Council report forms a covering report to the report on development application 14/1329 which has been prepared by an external Town Planning Consultancy who has been appointed to undertake an assessment of development application 14/1329 in accordance with the provisions of section 79C of the Environmental Planning and Assessment Act 1979.




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The report prepared by the Consultancy firm for Council consideration is provided as Attachment 1.

OPTIONS


Option 1

Approve the development application in accordance with the recommendation as made by the Town Planning Consultancy printed in Attachment 1.

Option 2

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


ATTACHMENTS

1. Independent Planning Report - circulated under separate cover

2. Plans of Proposed Development - circulated under separate cover Mark Pepping Deputy General Manager Corporate, Strategy & Development Services Friday 7 August 2015



REPORT DEPUTY GENERAL MANAGER OPERATIONS, FINANCE & RISK

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12 OPERATIONS FINANCE & RISK

12.1 Construction of a Pedestrian Facility in Waverley Parade, Mittagong

Reference: 7401 Report Author: Traffic Engineer Authoriser: Manager Assets Link to Corporate Plan: 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 roads serve to include provision for safe walking and cycling

PURPOSE Requesting Council endorsement and inclusion in the 2015-16 Works Program of a pedestrian facility in Waverley Parade, Mittagong between Frensham School and Sturt Craft Workshops. Grant funding for the work from the Roads and Maritime Services and Frensham School was only finalised in July 2015.

RECOMMENDATION 1. THAT Council endorse the construction of a pedestrian facility in Waverley

Parade, Mittagong between Frensham School and Sturt Craft Workshops to be jointly funded by the Roads and Maritime Services and Frensham School.

2. THAT this project costing $22,500 be included in Council’s 2015-16 Roads and Drainage Capital Works Program.

REPORT

BACKGROUND

Following a pedestrian crash in 2014, Frensham School sought to install a suitable treatment to slow traffic and provide a safe crossing of Waverley Parade between the school and Sturt Craft Workshops. Frensham is holding classes at Sturt Craft Workshops this year.

At a site meeting with Frensham, Police, Roads and Maritime Services (RMS) and Council staff, various treatments were discussed including a pedestrian refuge, a marked footcrossing, platforms and kerb extensions. Kerb extensions were considered to be the most appropriate facility at this location as they match the pedestrian treatment in Range Road and provide a consistent crossing environment for the precinct.




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REPORT

Council has been successful in attracting grant funding of $11,250 from the Roads and Maritime Services’ Safety Around Schools Program 2015 - 2016. The grant is for 50% of the cost to install kerb extensions on each side of Waverley Parade in Mittagong near Clubbe Hall and Sturt Craft Workshops.

Frensham School has agreed to match the grant by also contributing $11,250.

It is recommended that this project be included in Council’s 2015-16 Roads and Drainage Capital Works Program.

IMPACT ON FIT FOR THE FUTURE PROPOSAL OUTCOME

As this work is not on Council’s Capital Works program and is an upgrade, there is no impact on Council’s Fit for the Future proposal outcome.

CONSULTATION

Community Engagement

Consultation regarding the project was carried out with Frensham School.

Internal Consultation

The work is supported by the Traffic Committee and Council.

External Consultation

Frensham considers this work to be the most appropriate pedestrian facility at this location and are contributing 50 per cent of the cost.

SUSTAINABILITY ASSESSMENT

Environment

There are no environmental issues in relation to this report.

Social

There are no social issues in relation to this report.

Broader Economic Implications

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

Culture

There are no cultural issues in relation to this report.

Governance

There are no governance issues in relation to this report.




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COUNCIL BUDGET IMPLICATIONS

There is no impact on Council’s Budget as 100 per cent of the funding comes from the RMS (50 per cent) and Frensham School (50 per cent).

RELATED COUNCIL POLICY

The proposal is consistent with Council’s policy to make safer roads and improve pedestrian safety.

OPTIONS


Option 1

Council to endorse the construction of a pedestrian facility on Waverley Parade, Mittagong and include the project in Council’s 2015-16 Roads and Drainage Capital Works Program.


CONCLUSION

The proposed pedestrian facility benefits the community at no cost to Council.

ATTACHMENTS

There are no attachments to this report.




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12.2 Construction of Roadworks Projects Funded by the Australian Government's Black Spot Program

Reference: 7806 Report Author: Traffic Engineer Authoriser: Manager Assets Link to Corporate Plan: 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 roads serve to include provision for safe walking and cycling

PURPOSE Requesting Council endorsement and inclusion in the 2015-16 Works Program of two roadworks projects funded by the Australian Government’s Black Spot Program. Grant funding for the work totalling $715,000 only became available in June 2015.

RECOMMENDATION 1. THAT Council note that funding totalling $715,000 has been allocated from the

Australian Government’s Black Spot Program to reconstruct and widen the curve on Mt Broughton Road 0.4km south of Yarrawa Road and to reconstruct and widen a 0.33km length of Yarrawa Road and Nowra Road at the Nowra Road junction.

2. THAT Council endorse these projects and include them in Council’s 2015-16

Roads and Drainage Capital Works Program.

REPORT

BACKGROUND

In August 2014, applications for funding were made to the Australian Government’s Black Spot Program.

REPORT

In total, $715,000 has been allocated by the Australian Government as part of its Black Spot Program to remedy traffic accident sites on Mt Broughton Road and Yarrawa Road.

In a bid to improve safety and skid resistance $228,000 will go towards reconstructing and widening the curve on Mt Broughton Road, Werai from 325m to 455m south of Yarrawa Road and installing chevron alignment markers.

An additional $487,000 will be spent on reconstructing and widening 0.33km of Yarrawa Road and Nowra Road, Moss Vale at the Nowra Road junction, improving skid resistance and installing similar road safety signage.




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It is recommended that both these projects be included in Council’s 2015-16 Roads and Drainage Capital Works Program.


As neither of these works are on Council’s Capital Works backlog list and are upgrades, there is no impact on Council’s Fit for the Future proposal outcome.

CONSULTATION


No community engagement is required for this project.


These works are supported by the Traffic Committee and Council.


The stake-holders will be consulted and the community will be advised of roadworks, timing and any changes to traffic arrangements due to the works.


Environment


Social

Black Spot funding creates an opportunity to implement worthwhile safety improvements.


Black Spot funding creates an opportunity to implement safety improvements without expending Council funds.

Culture


Governance



There is no impact on Council’s Budget as 100 per cent of the funding comes from the Australian Government’s Black Spot Program.


The proposed works are consistent with Council’s policy to make safer roads.




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OPTIONS


Option 1

Council to endorse the two roadworks projects and include them in Council’s 2015-16 Roads and Drainage Capital Works Program.


CONCLUSION

The proposed roadwork benefits the community by addressing accident black spots at no cost to Council.

ATTACHMENTS





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12.3 Emergency Culvert Renewal - Oxley Street Berrima

Reference: 7800/2015 Report Author: Drainage Engineer Authoriser: Manager Assets Link to Corporate Plan: Strengthen the connectivity, liveability and vibrancy of

towns and villages

PURPOSE The purpose of this report is to seek Council’s approval for funding the renewal of the road culvert on Oxley Street Berrima which had a major failure in March 2015.

RECOMMENDATION 1. THAT renewal of the culvert on Oxley Street, Berrima at an estimated cost of

$255,000 be included in the 2015/16 capital works program. 2. THAT the project be funded from the savings of the completed Caalong Street

bridge ($143,000) and funds allocated to the cancelled 2014/15 Berrima Road culvert upgrade project ($112,000).

REPORT

BACKGROUND

A portion of the culvert on Oxley Street Berrima collapsed in March 2015. Emergency temporary repair works were carried out to make the road usable. A condition assessment of the culvert structure was undertaken which confirmed that the culvert needs to be replaced. Subject to funding approval the physical works have been scheduled to commence in September 2015.

REPORT

The concept designs for three options were undertaken and the cost estimates are listed below:

Option Flood protection level Estimated cost

1 Pipe culvert - 3x600mm 10 year $240,000

2 Box culvert - 2400x1200mm 100 year $284,000

3 Pipe culvert - 3x900mm 100 year $255,000

Both option 2 and option 3 meet design standards but option 3 is cheaper than option 2. Option 3 with an estimated cost of $255,000 is the preferred option. Option 1 is the existing arrangement which gives only ten year flood flow capacity and is not recommended.




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The renewal of the culvert aligns with Council’s Fit for the Future proposal to increase asset renewal ratio.

CONSULTATION


Community and stakeholder consultation has been completed.


Staff from the following branches have been consulted:

Assets

Design and Construction


Road users will be consulted and advised of the road works construction program.


Environment

The proposed culvert will prevent potential flooding issues associated with the collapse of the culvert.

Social

Ensure road access can be maintained for the residents.



Culture


Governance

Council has a duty to manage assets to provide the agreed levels of service to the community in accordance with its asset management policy, strategy and plans.


The estimated cost of the project is $255,000. It is recommended that the project be funded from the following sources:

$143,000 from savings from the Caalong Street bridge renewal project;

$112,000 from the Berrima Road culvert upgrade project, which has been reallocated to this project.




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Asset Management Policy

OPTIONS


Option 1

Construct the culvert with three 600mm pipes at a cost of $240,000. This is the existing arrangement and the cheapest option. However this option will only provide ten year flood flow capacity and is not recommended.

Option 2

Construct the culvert as a 2400x1200mm box culvert at a cost of $284,000. This can provide 100 year flood flow capacity but the cost is higher than option 3.

Option 3

Construct the culvert with three 900mm pipes at a cost of $255,000. This can also provide 100 year flood flow capacity but at a lower cost than option 2.

Option 3 is the recommended option.

CONCLUSION

Oxley Street in Berrima provides access to the local primary school and many properties. The renewal of the collapsed culvert using three 900mm pipes will ensure that the access is maintained and impact of flooding is minimised.

ATTACHMENTS





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12.4 Investment Report as at 30 June 2015

Reference: 2104 Report Author: Management Accountant Authoriser: Chief Financial Officer Link to Corporate Plan: Ensure systems and processes are in place to achieve

mutual trust and collaboration

PURPOSE In accordance with Part 9, Division 5, Section 212 of the Local Government (General) Regulations 2005, this report provides details of Council's Investments as at 30 June 2015.

RECOMMENDATION THAT the information on Council’s Investments as at 30 June 2015 be received and noted.

REPORT A list of Council’s investments as at 30 June 2015 has been included in Attachment 1. All Investments have been made in accordance with Section 625 of the Local Government Act 1993, the Regulations and approved ministerial investment orders. It is noted that Council officers will be undertaking a review of Council’s Investment policy and will report back to Council on the proposed changes to the investment portfolio parameters. All investments are approved under Council’s Investment policy and ministerial investment orders. Interest received from investments totalled $2,698,980 as at 30 June 2015.

ATTACHMENTS

1. Investment report as at 30 June 2015 Barry W Paull Deputy General Manager Operations, Finance & Risk Friday 7 August 2015

AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 12 August 2015

12.4 Investment Report as at 30 June 2015 ATTACHMENT 1 Investment report as at 30 June 2015

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13 CORPORATE STRATEGY & DEVELOPMENT SERVICES

13.1 Development Applications Determined 20.6.2015 to 19.7.2015

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

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

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

PURPOSE This report provides a list of development consents executed under delegated authority of the Deputy General Manager, Corporate, Strategy & Development Services from 20 June 2015 to 19 July 2015.

RECOMMENDATION THAT the information relating to Development Consents by Way of Approval under Delegated Authority No’s 1 to 77 be received and noted.

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

20.6.2015 – 19.7.2015

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

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

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

Application

ID Property

No

Property Address & Property Legal

Desc Property Owners Description

Date Lodged

Stop Clock Days

Assessment Days

Total Assessment

Days

Date Finalised

1 15/0512 1709

22 Adelaide Street

New Berrima Lot 375 DP 15995

DJ Philipse New Dwelling 11.6.2015 0 33 33 15/07/2015

2 15/0317 8700

Church 1-7 Albert Street

Mittagong Lots 201-204 Sec S DP 20

Uniting Church in Australia

DA - Markets 17.4.2015 0 75 75 01/07/2015




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Application

ID Property

No



Date Lodged

Stop Clock Days

Assessment Days

Total Assessment

Days

Date Finalised

3 15/0355 150000

62 Bendooley Street Bowral

Lot B DP 342460

JH Berry M Taguchi

Alterations and Additions to

Dwelling 01.7.2015 0 0 0 01/07/2015

4 15/0382 196900

269 Bong Bong Street Bowral

Lot 2 DP 534397

B Forte G Forte

Change of Use - Major to Nail

Salon 30.4.2015 28 41 70 09/07/2015

5 15/0530 210200

311 Burnt Flat Road

High Range Lot 101 DP 1207974

S Rosewell V Kite

Continued Use of Dwelling

17.6.2015 0 29 29 16/07/2015

6 15/0503 284400

32 Burradoo Road

Burradoo Lot B DP 379672

RJ Powell GR Powell

Detached single story out

building studio 10.6.2015 0 36 36 16/07/2015

7 14/1061 292600

12-16 Burrawang

Street Robertson Lot 11 DP 624869

JC Star MJ Desoos

Proposed 2 Lot Residential Subdivision

2.10.2014 160 123 283 13/07/2015

8 15/0473 305300 14 Caber Street

Moss Vale Lot 1 DP 707184

JA Wilson Alterations and

Additions to Dwelling

1.6.2015 0 45 45 17/07/2015

9 15/0369 322200

Learning School Cascade Avenue

Yerrinbool Lot A DP 364596

NSA of the Bahai Aust Inc

Water Tank 28.4.2015 0 55 55 23/06/2015

10 15/0554 387500

34 Colo Road Colo Vale

Lot 9 Sec 7 DP 2389

WL Robinson DA - Boundary

Adjustment 23.6.2015 0 2 2 26/06/2015

11 15/0458 399100 19 Cook Street

Mittagong Lot 1 DP 196022

WJ Van Diemen CL Van Diemen

Outbuilding – (Shed)

26.5.2015 8 36 45 10/07/2015

12 15/0469 410400

16 Crimea Street Balaclava

Lot 29 Sec 2 DP 841

V McIntyre BJ McIntyre

Outbuilding – (Garage/Carport)

3.6.2015 0 21 21 24/06/2015

13 14/1027 484700 8 Ella Street

Hill Top SJ McMahon RT McMahon

Dual Occupancy 25.9.2014 269 3 272 26/06/2015

14 14/1028 484700 8 Ella Street

Hill Top SJ McMahon RT McMahon

New Dwelling/Tree

Removal 25.9.2014 6 266 272 26/06/2015

15 14/1270 550600

4 Florence Street

Bundanoon Lot 31 DP 1136

MB Hodges

Continued Use - Alterations and


5.12.2014 0 206 206 29/06/2015




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Application

ID Property

No



Date Lodged

Stop Clock Days

Assessment Days

Total Assessment

Days

Date Finalised

16 15/0462 572100

28 Garrett Street


Met-Goulburn Campus Pty

Limited 2 Lot Subdivision 26.5.2015 0 48 48 14/07/2015

17 15/0486 606800

14 Hamilton Avenue Bowral

Lot 2 DP 12768

SJ Levy Alterations and


3.6.2015 0 33 33 06/07/2015

18 15/0323 631400

11 Hoddle Street

Burrawang Lot F DP 399071

Connemara Jack Pty Limited

Alterations and Additions to Commercial

21.4.2015 0 71 71 01/07/2015

19 15/0426 646400

10 Hopewood Road

Bowral Lot 12 DP 26372

CC Moran DCA Carseldine

Outbuilding –(Workshop)

13.5.2015 0 41 41 24/06/2015

20 15/0418 687200

78 Old Hume Highway

Yerrinbool Lot 6 DP 9882

GA Dunn Outbuildings -

Shed & Awning 7.5.2015 20 48 69 16/07/2015

21 15/0409 694600

31-35 Old Hume Highway Balaclava

Lot 1 DP 739150 Shell Retail

Property B767

A Lamattina P Lamattina

Civil Works Earthworks

Drainage 6.5.2015 28 34 63 08/07/2015

22 15/0042 708900

3413 Old Hume Highway Berrima

Lot 1 DP 743933

FR Thorpe Outbuilding – (Extension of Existing Shed)

27.1.2015 99 61 161 07/07/2015

23 15/0393 754900

17 Joadja Street Welby

Lot 12 Sec 17 DP 257004

MN Schwarze Y Schwarze

Retail Outlet 11.5.2015 0 50 50 30/06/2015

24 15/0358 774526

38 Highland Drive

Bowral Lot 426 DP

881753

C Byrne Outbuilding –

(Shed Extension) 24.4.2015 0 65 65 29/06/2015

25 15/0126 878300 21 Lytton Road Moss Vale Lot 7

DP 22327

FJ Gibson J Gibson

DA - Alterations & Additions to

Existing Dwelling and Dual

Occupancy

24.2.2015 50 69 120 24/06/2015

26 15/0199 893200

4 Mandemar Street Welby

Lot 5 Sec B DP 3242

PM Kracht MJ Kracht

New Dwelling 14.3.2015 4 103 107 29/06/2015

27 15/0501 942600

118 Merrigang Street Bowral

Lot 2 DP 115831

VM Maiden BJ Maiden

Conversion of existing attached garage to minor

adds

9.6.2015 0 34 34 14/07/2015

28 15/0420 1039500 13 North Street


GD Rannard 2 Lot Subdivision 13.5.2015 0 63 63 16/07/2015

29 15/0478 1047800 869 Nowra Road

Fitzroy Falls Lot 1 DP 705977

JA York IU York

Outbuilding -(Machinery

Shed) 2.6.2015 0 29 29 01/07/2015




Page | 23

Application

ID Property

No



Date Lodged

Stop Clock Days

Assessment Days

Total Assessment

Days

Date Finalised

30 15/0285 1105200

Osborne Street Bundanoon Lot 11 DP 600030

J & J Stonewall Constructions

Pty Ltd 2 Lot Subdivision 7.4.2015 0 86 86 03/07/2015

31 15/0474 1288800

2A Rosenthal Avenue


BE Lincoln DG Lincoln


Dwelling 2.6.2015 0 44 44 16/07/2015

32 15/0389 1323400

5 Sheffield Road Bowral

Lot 12 DP 561168

TD Robertson PG Robertson

Alterations and Additions to Dwelling &

Carport

1.5.2015 0 55 55 25/06/2015

33 15/0336 1365400

29 Spring Street Moss Vale

Lot 2 DP 552560 Lot 20 DP 554639

DA Benardos New Dwelling 21.4.2015 0 66 66 26/06/2015

34 15/0394 1410200

109-111 Sunset Point Drive Mittagong

Lot B DP 419387

TJ Hughes VM Hughes


Garage, Convert to Dual

Occupancy

6.5.2015 0 62 62 07/07/2015

35 15/0363 1537100

17 Vernon Street

Mittagong Lot 14 Sec 14 DP

1289

GR Isedale EL Isedale

Strata Subdivision

27.4.2015 0 71 710 07/07/2015

36 15/0464 1603300

13 Spring Street Mittagong

Lot 10 Sec 22 DP 111201

LA Willing Outbuilding –

(Shed) 23.06.2015 0 23 23 23/06/2015

37 15/0318 1617800

398 Wilson Drive

Balmoral Lot 6 DP 28213

SJ Wilson S Wilson

Outbuilding –(Shed and Carport)

20.4.2015 36 30 67 26/06/2015

38 15/0507 1701466

44 Sydney Street

New Berrima Lot 244 DP

15995

G Butterfield JT Berrell

New Dwelling 10.6.2015 0 33 33 14/07/2015

39 15/0417 1703845

37 Toongoon Road

Burradoo Lot 422 DP

855079

V Lansdown CJ Lansdown


Dwelling 7.5.2015 11 48 59 06/07/2015

40 15/0257 1706390

27 May Street Robertson

Lot 10 DP 88082 8

A De Montemas KM Bray

Outbuilding – (Carport)

24.6.2015 0 22 22 24/06/2015

41 15/0568 1714310

72 Boardman Road


GM Horton MA Horton

Skillion Patio Roof

15.7.2015 0 4 4 15/07/2015

42 15/0401 1714360

62 Emily Circuit Bowral

Lot 275 DP 1014858

D Neale EG Neale

Single Storey Addition To Residence

5.5.2015 0 50 50 24/06/2015




Page | 24

Application

ID Property

No



Date Lodged

Stop Clock Days

Assessment Days

Total Assessment

Days

Date Finalised

43 15/0477 1719410

562 Ellsmore Road

Exeter Lot 6 DP 1025488

DW Dick-Smith Outbuilding –

(Shed) 2.6.2015 0 30 30 02/07/2015

44 15/0504 1721060

301 Meryla Road

Manchester Square

Lot 14 DP 856218 Lot 1 DP 1009833

PC Borrud RL Borrud

Outbuilding – (Shed)

10.6.2015 0 33 33 14/07/2015

45 15/0364 1722920

2 Fountain Street

Berrima Lot 2 DP 1032361

DM Lucas PR Lucas


Dwelling 28.4.2015 0 56 56 24/06/2015

46 15/0124 1724390

47 Valetta Street


AJ Perkins 3 Lot Subdivision 24.2.2015 114 20 134 08/07/2015

47 15/0402 1733390

910 Tugalong Road

Canyonleigh Lot 4 DP 261422

South Highland Pty Ltd

Change of Use - Removal of

Existing Vineyard and Replanting with Olive Trees

5.5.2015 38 27 65 09/07/2015

48 15/0551 1741400

39 Stanley Street

Hill Top Lot 2 DP 1067559

SL Wolfe CJ Finley

New Dwelling 22.6.2015 0 22 22 14/07/2015

49 15/0451 1744080

Peppers Kater Road

Sutton Forest Lot 234 DP

589902 Lot 1 DP 236285

Trust Company of Australia Ltd


Commercial – Peppers Manor

House

9.7.2015 0 10 10 09/07/2015

50 14/0737 1748000

13 Clarke Street Bowral

Lot 12 DP 1080812

G Petkovic M Petkovic

10 Residential Villa Homes

15.7.2014 0 344 344 24/06/2015

51 15/0449 1748230

31 Cumberteen Street


GT Dobson SA Dobson

New Dwelling & Tree Removal

20.5.2015 0 47 47 07/07/2015

52 15/0392 1750060

16 Stanley

Street Hill Top

Lot 101 DP 1090277

PA Paget Dual Occupancy 1.5.2015 0 60 60 30/06/2015

53 15/0516 1750470

54-58 Blue Gum Road


E Horvath New Dwelling 11.6.2015 0 24 24 06/07/2015

54 15/0361 1751080

36 Spencer Street


Copelands Developments

Pty Ltd

New Dwelling & 2 x Lot

Subdivision 27.4.2015 53 4 57 23/06/2015




Page | 25

Application

ID Property

No



Date Lodged

Stop Clock Days

Assessment Days

Total Assessment

Days

Date Finalised

55 15/0441 1756420

2 Ella Street Bundanoon

Part Lot 11 DP 1136

PJ Baron GL Baron

New Dwelling 18.5.2015 0 38 38 25/06/2015

56 15/0439 1773620

10 Alfred Street Mittagong Lot 1 DP 1150947

BG Elliott LM Elliott

Civil Works Earthworks

Drainage 26.5.2015 0 42 42 07/07/2015

57 15/0414 1774630 8 Ella Street Bundanoon

Lot 14 DP 1136

RA Johnston JR Johnston

New Dwelling 7.5.2015 0 53 53 29/06/2015

58 15/0445 1779220

94 Rockleigh Road


LA Hines Alterations and


24.6.2015 0 22 22 24/06/2015

59 15/0425 1780810

Webb Street Mittagong Lot 4 DP 1174965

WJ Scott S Edwards

New Dwelling 13.5.2015 0 51 51 03/07/2015

60 15/0488 1781430

48 Cupitt Street Renwick

Lot 3051 DP 1174913

S Ka New Dwelling 3.7.2015 0 16 16 03/07/2015

61 15/0496 1781440


Lot 3052 DP 1174913

SA Gardner TN Gardner

Outbuilding – (Garage/Storage)

05.6.2015 0 26 26 02/07/2015

62 15/0453 1786000

1-9 Pikkat Drive Braemar Lot 91 DP 1187747

Willow Properties Pty

Ltd 4 Lot Subdivision 22.5.2015 28 27 56 17/07/2015

63 15/0183 1787310

35 Links Road Burradoo Lot 2 DP 1108071

BTB Hill-Douglas VJ Hill-Douglas

4 Lot Subdivision 17.3.2015 0 121 121 16/07/2015

64 15/0484 1787450 13 Ross Street


SJ Shaw RK Shaw

New Dwelling 2.6.2015 0 34 34 07/07/2015

65 15/0375 1787760

Craigieburn 43-47

Centennial Road Bowral

Lot 56 DP 664260

Lot 1 DP 347273 Part Lot 2 DP

960916

Craigieburn Resort Pty

Limited

Hotel Motel – Refurbishment

works to Restaurant/

Function Room

1.5.2015 15 40 56 26/06/2015

66 15/0415 1788500

2 Edward Riley Drive


JEL Foot AE Foot

New Dwelling 7.5.2015 21 48 70 17/07/2015

67 14/0179 1788690

36 Broughton Street


TA Jarman SM Morris

New Dwelling 27.2.2015 472 11 483 26/06/2015




Page | 26

Application

ID Property

No



Date Lodged

Stop Clock Days

Assessment Days

Total Assessment

Days

Date Finalised

68 15/0533 1791430

18A Elmswood Court


SA Ross New Dwelling 17.6.2015 0 19 19 07/07/2015

69 15/0498 1791570

19 Connolly Close

Renwick Lot 8010 DP

1199372

MHM Morrison GW Morrison

New Dwelling 5.6.2015 0 41 41 16/07/2015

70 15/0105 1792120

Thomas Street Mittagong

Lot 1 Sec 20 DP 111201

Lot 2 Sec 20 DP 111201

VJ Butler New Dwelling 14.7.2015 0 0 0 14/07/2015

71 15/0490 1792200

33 Baker Street Moss Vale Lot 37 DP 1202638

DJ Guymer SN Berthon

New Dwelling 4.6.2015 0 32 32 07/07/2015

72 15/0388 1792340

46 Baker Street Moss Vale Lot 51 DP 1202638

DM Lidgard New Dwelling 1.5.2015 0 53 53 23/06/2015

73 15/0459 1792730

28A Balaclava Street

Balaclava Lot 40 DP 1199153

SM Strangman Alterations and


26.5.2015 0 40 40 06/07/2015

74 15/0376 1793490

6 Mimosa Place Braemar

Lot 119 DP 1204085

KM Gray AJ Gray

New Dwelling 30.4.2015 0 60 60 29/06/2015

75 15/0461 1793510


Lot 121 DP 1204085

NA McLaren DM Anzlezark

New Dwelling - single storey residential

dwelling with retaining walls.

26.5.2015 0 37 37 03/07/2015

76 15/0419 1793900

4 Red Gum Drive

Braemar Lot 156 DP 1204085

S Hayes S Hayes

New Dwelling 13.5.2015 0 49 49 01/07/2015

77 15/0466 1794560

1323 Old South Road


Midas Properties Pty

Ltd

Installation of a 2.4 x 1.8m

advertising sign 23.6.2015 21 0 22 15/07/2015




Page | 27

Withdrawn / Refused

Property

No

Property Address & Property

Legal Desc

Property Owners

Description Decision Delayed Finalised

Date Created Application ID

1 1701418

5 Allambie Road

Woodlands Lot 150 DP

810661

Willow Vale Meadows Pty

Limited 10 x Lot Subdivision REFUSED 16/07/2015 08/10/2013 LUA13/0842

2 1704893

Radio Tower 232 Oxley

Drive Bowral

Lot 21 DP 856512 -

State Heritage

Register 1917

Wingecarribee Shire Council

Telecommunication Tower

WITHDRAWN Pending advice

on SEPP (Infrastructure)

01/07/2015 14/03/2015 15/0192

ATTACHMENTS





Page | 28

13.2 Development Applications Received 20.6.2015 - 19.7.2015

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

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

and special areas are protected

PURPOSE This report provides a list of development applications which have been received between 20 June 2015 and 19 July 2015, some of which have been dealt with under delegated authority of the Deputy General Manager Corporate, Strategy and Development Services.

RECOMMENDATION THAT the information relating to the List of Development Applications received Nos 1 to 85 be received and noted.

Application

ID Property

No

Property Address &

Property Legal Desc

Development Description

Property Owners

Date Created

Council Delegation Weekly Circular

1 15/0617 16400

35 Alfred Street Mittagong

Lot 116 Sec K DP 1289


Dwelling

GI Lowe JL Lowe

07/07/2015

2 15/0561 37700

6-8 Appenine Road


Demolition - Dwelling

JW Buckley L Buckley

23/06/2015

*

3 15/0595 44300 51 Argyle Street


Outbuilding – (Shed) BJ Salmon JA Patino

30/06/2015

*

4 15/0640 54300 629 Argyle Street


Demolition of Dwelling

KA Garbutt 15/07/2015

*

5 15/0574 60600 478 Argyle Street


New Dwelling PIMI Holdings

Pty Limited 24/06/2015

6 15/0562 70600

Christ Church Bong Bong

2 Church Road Moss Vale

Lot 1 DP 1125578

Alterations and Additions to Commercial

(Third Columbarium)

Anglican Church Property Trust

Diocese of Sydney

23/06/2015




Page | 29

Application

ID Property

No

Property Address &

Property Legal Desc


Property Owners

Date Created


7 15/0560 105500

23 Balaclava Street

Balaclava Lot 19 Sec 2 DP

841

Outbuilding - Garage

KD Roberts 18/06/2015

*

8 15/0592 237300 58 Bowral Road


Offices (Health Care

Services)

BGNH Securities Pty Ltd

30/06/2015

9 15/0615 279500

7-11 Burgess Street

Bundanoon Lots 19-22 Sec 1 DP 1307 & Lot 1 DP 577713 & Lot

2 DP 777479

New Extension for Preschool


06/07/2015

10 15/0554 387500

34 Colo Road Colo Vale

Lot 9 Sec 7 DP 2389

Boundary Adjustment

WL Robinson 23/06/2015

*

11 15/0651 406400 56 Corrie Road

Alpine Lot 2 DP 625185

Outbuilding – (New Garage)

PB Howard WK Howard

17/07/2015

12 15/0605 467900 3 Edward Lane

Mittagong Lot C DP 377284

Outbuilding – (Garden Studio &

Removal of 2 trees) LJ Nias 06/07/2015

13 15/0579 476600

11 Elizabeth Street



Dwelling CH Leach 25/06/2015

*

14 15/0563 504300

10 Eridge Park Road

Burradoo Lot 5 DP 261266

Outbuilding – (Shed) WH Smith

A Smith 22/06/2015

15 15/0628 540101

1 Ferguson Crescent


6 Building Hotel Accommodation & Car Park with Tree

Removal

J Griffin 10/07/2015

16 15/0590 643300

16 Hood Street Mittagong

Lot 5 Sec 14 DP 111201


Dwelling

R Wilson NL Wilson

30/06/2015

17 15/0604 660700

13302 Hume Highway

Sutton Forest Lot 4 DP 253435

Outbuilding – (Garage)

RL Henderson 03/07/2015

18 15/0621 717000

15 Hurlingham Avenue

Burradoo Lot 121 DP

719021


Dwelling & Studio AP Keegan 08/07/2015

19 15/0625 725600

232 Iona Park Road



Dwelling

PJ Barkl KM Barkl

10/07/2015

*




Page | 30

Application

ID Property

No

Property Address &

Property Legal Desc


Property Owners

Date Created


20 15/0580 751200

Boen Boe 1078 Joadja Road

Joadja Lot 3 DP 113357

& Lots 122-123/126-131 DP

751276 & Lot 124 DP 1081709

Outbuilding – (Reconstruction of

Fire Damaged Shed)

C Zammit EJ Zammit

26/06/2015

*

21 15/0618 757600

74-76 Joadja Street Welby

Lot 9 Sec 21 DP 759070

2 Lot Subdivision & Demolition of 3

Sheds FG Mills 07/07/2015

22 15/0616 779300

2264 Kangaloon Road

Robertson Lot 2 DP 500519


Dwelling K Bunda 07/07/2015

23 15/0634 822200 300 Kirkland Road

East Kangaloon Lot 2 DP 791235

Temporary Use - Functions & Events

MR Yabsley SM Yabsley

13/07/2015

24 15/0570 895900 4 Manor Rise


Tennis Court, Fencing and Lighting

BE Fay 24/06/2015

25 15/0633 937300

153 Merrigang Street Bowral

Lot 1 DP 575807

Boundary Adjustment

PM Weate MJ Barr

10/07/2015

26 15/0644 956500

Culcreuch Cottage 6 Milton Street

Bowral Lot 300 DP

622898

Outbuilding – (Garage)

TJ Natalenko 16/07/2015

27 15/0638 1011700

580 Murrimba Road

Wingello Lot 1 DP 785109

Dual Occupancy BM Den 14/07/2015

28 15/0576 1020900

Rityhoe 315 Nandi Road

Canyonleigh Lot 10 DP 263466

Covered Horse Arena

SB Catford 25/06/2015

29 15/0582 1071400

160 Old South

Road Bowral

Lot 7 DP 786212

Outbuilding – (Shed) PC Parker 26/06/2015

*

30 15/0624 1078000

91 Aylmerton Road

Aylmerton Lot 1 DP 749039 Lot 2 DP 749039

Outbuildings - Demolish Existing Farm Building & Construction of

Equine Agistment Facility & Stable

Complex

Iceberg Asia Limited

09/07/2015




Page | 31

Application

ID Property

No

Property Address &

Property Legal Desc


Property Owners

Date Created


31 15/0641 1100500 24 Osborne Road



Dwelling

JL Whittaker 15/07/2015

32 15/0571 1102500 88 Osborne Road



Dwelling

GL Sanderson EA Sanderson

24/06/2015

*

33 15/0581 1117900 58 Oxley Drive


Outbuilding – (Shed) DL Ferrero 26/06/2015

34 15/0650 1133502

7 Panorama Avenue


Outbuilding – (Log Cabin/Studio/Sewing

Room)

DR Morgan A Morgan

17/07/2015

35 15/0639 1216100

11 Raglan Street Hill Top

Lot 987 DP 1179759

Outbuilding – (Inground Swimming

Pool) RA Roberts 15/07/2015

*

36 15/0623 1322300

981 Sheepwash Road Avoca

Lot 3 DP 602938

Outbuilding – (Colourbond Shed)

DG Virtue 08/07/2015

37 15/0596 1334400 20 Sierra Street


New Dwelling ST Thompson

BL Prince 01/07/2015

38 15/0549 1400600 125 Sunrise Road


Outbuilding – (Shed) NJ Barden SM Barden

15/06/2015

*

39 15/0552 1461000 1 Ranelagh Street


Outbuilding - (Alts & Adds to existing

Studio) JR Taylor 24/06/2015

40 15/0589 1535200

6 Vaughan Avenue


Outbuilding – (Shed) JM Halpin BL Halpin

24/06/2015

41 15/0622 1588300

9 Werrington Street

Burradoo Lot 111 DP

559455

Proposed Secondary Dwelling

J Bridges 06/07/2015

42 15/0598 1634900

29-31 Wilsons Lane

Exeter Lot 29 Sec 6 DP

3373 Lot 30 Sec 6 DP

3373

New Dwelling SM Varga

AD Coombs 01/07/2015




Page | 32

Application

ID Property

No

Property Address &

Property Legal Desc


Property Owners

Date Created


43 15/0637 1698500

Berrima Correctional

Facility Argyle Street

Berrima Lot 447 DP751252

& Lot 7304 DP1146099

Crown Reserve 1000366/

1001173/1001174 State Heritage Register 00807

Fund Raising Event Self Guided Tours & Open Air Opera &

Theatre

The State of NSW

14/07/2015

44 15/0636 1700033

Warrawong Young Road Moss Vale Lots 1-3 DP

616479 & Lot 41 DP 800793


Dwelling

PJ O'Farrell CM O'Farrell

Common Ground Property

(NSW) Pty Ltd SJ Wellard

14/07/2015

45 15/0612 1700328

19 Sunninghill Avenue



Dwelling

PA Davids CM Carroll-

Davids 06/07/2015

46 15/0629 1700937

22-26 Government Road

Yerrinbool Lots 273-275/292-

296 DP9882 & Lots 7-8

DP246176 & Lot 1 DP876665


Dwelling

J Powell J Powell

10/07/2015

47 15/0548 1701140 51 Yarrawa Street


Outbuilding – (Carport)

J Brooks 22/06/2015

48 15/0558 1701879

5 Throsby Road Fitzroy Falls Lot 220 DP

828092

Outbuilding – (Shed) PL Van Heerden 23/06/2015

49 15/0588 1702367

217 Argyle Street Moss Vale Lot 101 DP

834632

Single level, commercial office

building

BN Conomos FJ Tefany

30/06/2015

50 15/0611 1703335 65 Meryla Road


Outbuilding – (Shed) PK Cargill AR Cargill

06/07/2015

*

51 15/0630 1703440

20 Robinia Drive Bowral

Lot 494 DP 847174


Dwelling SL Jackson 10/07/2015

52 15/0547 1704609

12 James Street Hill Top

Lot 46 DP 1022652

New Dwelling Y Lim 12/06/2015

53 15/0587 1706565

Glenelg 561 Range Road



Dwelling

ST Wertheimer LJ Wertheimer

30/06/2015




Page | 33

Application

ID Property

No

Property Address &

Property Legal Desc


Property Owners

Date Created


54 15/0591 1711060 27 Ringwood Lane


Outbuilding – (Farm Shed)

Wamwarra Enterprises Pty

Limited 30/06/2015

*

55 15/0568 1714310

72 Boardman Road


Skillion Patio Roof GM Horton MA Horton

24/06/2015

*

56 15/0597 1721870 Parry Drive


Proposed dwelling and shed

WP Wolfenden 01/07/2015

57 15/0607 1724080

182 Sproules Lane Glenquarry Lot 131 DP 1033358

New Dwelling & Farm Shed

T Baker T Baker

03/07/2015

58 15/0559 1738790

Robinwood 34 Oxley Drive



Dwelling

NJ Hartnell PJ Hartnell

23/06/2015

59 15/0551 1741400 39 Stanley Street


New Dwelling SL Wolfe CJ Finley

18/06/2015

*

60 15/0610 1743910 23 Parsland Close


Outbuilding – (Shed) PM Furlong PT Furlong

06/07/2015

61 15/0619 1750240

41 Black Horse Lane

Sutton Forest Lot 104 DP 1087612

New Dwelling DW Clifford 03/07/2015

*

62 15/0569 1750920

33-35 Kirkham Street


Residential Flat Buildings

R & M Reurich (Holdings) Pty

Limited 24/06/2015

63 15/0599 1751360 Wingecarribee Shire Council

Outbuilding – (Swimming Pool)

Robertson


01/07/2015

64 15/0567 1759480

128 Old Hume Highway


Dwelling JFJ Heycox LJ Gomola

19/06/2015

65 15/0565 1761260

170 Old South Road


Outbuilding – (Garage & Lean To)

GBH Alcock MJ Alcock

24/06/2015

66 15/0584 1762830 1/8 Myrtle Street

Bowral Lot 1 S/P 80536


Dwelling

H Varvaressos DBM Brennan

29/06/2015

*




Page | 34

Application

ID Property

No

Property Address &

Property Legal Desc


Property Owners

Date Created


67 15/0653 1774860

Crown Reserve 52976

Nandi Road Canyonleigh Lot 7315 DP

1157132

Place of Public Entertainment

The State of NSW

17/07/2015

68 15/0609 1775220 Colo Road Colo Vale

Outbuilding – (Farm Shed)

CS Peachey JL Peachey

03/07/2015

69 15/0608 1782270 13-15 Fitzroy

Street Hill Top

New Dwelling LP Docherty A Docherty

01/07/2015

70 15/0645 1782850

5 Wallis Avenue Renwick

Lot 207 DP 1174912

New Dwelling

Minister for Community Services & Assistant

Minister for Health

16/07/2015

71 15/0647 1782860


Lot 208 DP 1174912

New Dwelling


Minister for Health

16/07/2015

72 15/0627 1782900


Lot 212 DP 1174912

New Dwelling


Minister for Health

10/07/2015

*

73 15/0600 1782980


Lot 220 DP 1174912

Outbuilding – (Workshop/Storage)

PA Robins ER Robins

02/07/2015

*

74 15/0606 1784780 26 Willow Street

Willow Vale Lot 7 DP 1183396

New Dwelling D Thomas LJ Thomas

03/07/2015

75 15/0583 1785220 140 Erith Street



Dwelling

RJ Hackett PR Hebert

26/06/2015

*

76 15/0614 1785370 Hoddle Street

Burrawang Lot 2 DP 805964

New Dwelling BR Waters M Waters

06/07/2015

77 15/0575 1789220

21A Leopold Street


New Dwelling BR Barham

RL Lyons 24/06/2015

*

78 15/0646 1790960

8 Prince Street Mittagong Lot 32 DP 1195278

New Dwelling MA Woodwell JR Woodwell

16/07/2015

79 15/0550 1791740 34 Hoddle Street

Burrawang Lot 1 DP 805964


Dwelling

M Spiers RC Spiers

22/06/2015




Page | 35

Application

ID Property

No

Property Address &

Property Legal Desc


Property Owners

Date Created


80 15/0557 1792470

8A Lytton Road Moss Vale Lot 42 DP 1200844

New Dwelling TJ Dumughn

BA Oliver 18/06/2015

*

81 15/0635 1793360


Lot 106 DP 1204085

New Dwelling TA Merriman KA Merriman

05/07/2015

82 15/0566 1793390


Lot 109 DP 1204085

New Dwelling LG Halse DC Halse

24/06/2015

*

83 15/0602 1793520 25A North Street


New Dwelling Red Nimbus Pty

Ltd 01/07/2015

84 15/0601 1793540 25B North Street


New Dwelling Red Nimbus Pty

Ltd 01/07/2015

85 15/0585 1794150

30 Wilkinson Street

Berrima Lot 32 DP 1205820

New Dwelling J Bowie

AJ Bowie 29/06/2015

* Denotes Applications that have been approved during the period 19 July to 6 August

2015

ATTACHMENTS





Page | 36

13.3 Draft Section 94A Plan - Revision 1 Post Exhibition

Reference: 5702/6 Report Author: Acting Coordinator Strategic Planning 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 inform Council of the results of the public exhibition of the Draft Section 94A Developer Contributions Plan for Wingecarribee Shire Council - Revision 1 (S94A Plan), Attachment 1. It is recommended that the S94A Plan be adopted by Council and come into effect as soon as practical.



RECOMMENDATION 1. THAT the Section 94A Contributions Plan for Wingecarribee Shire Council –

Revision 1 (Attachment 1 to the report) be adopted by Council. 2. THAT in accordance with Clause 31(2) of the Environmental Planning and

Assessment Regulation 2000 public notice of Council’s decision to adopt the Section 94A Contributions Plan for Wingecarribee Shire Council – Revision 1 be placed in a local newspaper within 28 days.

3. THAT in accordance with Section 94EA(4) of the Environmental Planning and

Assessment Act 1979 that as soon as practicable, a copy of the Section 94A Contributions Plan for Wingecarribee Shire Council – Revision 1 be provided to the Minister.




Page | 37

REPORT

BACKGROUND

At its Ordinary Meeting of 13 May 2015 Council made the following resolution:

1. THAT the Draft Section 94A Plan for Wingecarribee Shire Council be placed on Public

Exhibition in accordance with the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000.

2. THAT land owners with properties within the proposed new S94A Catchments in

Braemar and Balaclava be notified in writing of the Public Exhibition of the Draft Section 94A Plan.

In respect of the above resolution the S94A Plan was placed on public exhibition for over 28-days from 27 May 2015 to 26 June 2015. Letters were also sent to affected land owners as per Item 2. No submissions were received during the public exhibition period.

REPORT

The main intent of revising the S94A Plan is to include some new high priority projects, some of which are to be undertaken in this financial year. The standout projects are:

Corbett Plaza Upgrade, Bowral at $200,000 (15/16 Financial year)

New Roundabout and Kerb Ramp Upgrade at the intersection of Bendooley and Wingecarribee Streets at $200,000 (15/16 Financial year)

New Footpaths in Bowral Street, Bowral; Old Hume Hwy, Albert Street and Bessemer Street, Mittagong; and Penrose Street, Bundanoon at total cost of $392,000 (future years depending on funding availability)

Other minor amendments to the administration section of the S94A Plan have been made to bring it up to date and two additional commercial and industrial locations in Braemar and Balaclava have been added to the Plan.

A full copy of the S94A Plan, showing amendments in mark-up is included as Attachment 1.


The S94A Plan is an identified source of funding for Council’s Capital Works Program. Adoption of Revision 1 of the Plan will enable funding to be made available for projects to be undertaken in the 2015/16 financial year and beyond. Hence, the S94A Plan is consistent with Council’s Fit for the Future Proposal.

CONSULTATION


The S94A Plan was placed on public exhibition for over 28-days from 27 May 2015 to 26 June 2015. Letters were also sent to affected land owners.




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No submissions were received during the public exhibition period.


The S94A Plan was drafted in consultation with Council’s Assets Branch in forming the 2015/16 Financial Year Works Program.


No external consultation with other government agencies was required for the S94A Plan.


Environment


Social



The S94A Plan has minimal impact on broader economic implications in respect of commercial and industrial development. The pertinent factor of S94A is the contributions are easily calculated, being based on the cost of development, and hence can create certainty of costs to development. Further, they have little impact on minor development as they do not apply to development application works that cost less than $100,000.00. Thus minor shop fit outs are not burdened with contributions.

Culture


Governance

The undertaking of this Revision 1 of the S94A Plan has been undertaken in accordance with legislative requirements.


The S94A Plan since its inception in 2010 has had a positive impact on Council’s Budget. The Plan can fully or partly fund the projects contained within it. Without the Plan it would be difficult to allocate funds from other sources to carry out the projects contained in the S94A Plan. Over the next financial year the S94A Plan (Revision 1) is programmed to fund significant projects in Bowral, as previously discussed in the body of this report.

Further, the Section 94A Plan has little Administrative Costs to the Council due to its simplicity.




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There are no other Council Policies affected by the S94A Plan.

OPTIONS


Option 1

Adopt the Section 94A Contributions Plan for Wingecarribee Shire Council – Revision 1 as included as Attachment 1.

Option 2

Do not adopt the Section 94A Contributions Plan for Wingecarribee Shire Council – Revision 1 as included as Attachment 1, which would require Council to find alternative funding for projects discussed in the body of this report.


CONCLUSION

The S94A Plan has been successful in raising developer contributions from commercial and industrial development since 2010. The S94A Plan – Revision 1 contains some additional projects to be funded in the 2015/16 financial year and additional catchments to ensure all commercial and industrial areas of the Shire are equally levied.

It is recommended the S94A Plan – Revision 1 as contained in Attachment 1 be adopted by Council and made effective as soon as practical.

ATTACHMENTS

1. Section 94A Plan - Revision 1 - circulated under separate cover




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13.4 Planning Proposal to Rezone 3 Sites from RE1

Reference: 5901/39 Report Author: Acting Coordinator Strategic Planning Authoriser: Group Manager Planning, Development & Regulatory

Services Applicant: Wingecarribee Shire Council Owner: Wingecarribee Shire Council Link to Corporate Plan: Ensure future development respects the character of the

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

PURPOSE The purpose of this report is to discuss the results of the public exhibition period of the Planning Proposal in relation to 3 sites as follows: a. Part of 7 Ellen Street, Bowral, Lot 10 DP 597322, be rezoned from RE1 Public

Recreation to E2 Environmental Conservation; b. 45 Hoskins Street, Moss Vale - Lot 1 DP 781256, be rezoned from RE1 Public

Recreation to R2 Low Density Residential and a minimum lot size of 700m2 be applied;

c. Lot 126 DP263356 Anembo Street, Moss Vale be rezoned from RE1 Public

Recreation to R2 Low Density Residential and a minimum lot size of 700m2 be applied; and reclassified from Community to Operational

d. And remove Part of 7 Ellen Street, Bowral (Lot 10 DP 597322) and 45 Hoskins Street,

Moss Vale (Lot 1 DP 781256) from the Acquisition Maps. This report recommends that the Planning Proposal proceed to amending Wingecarribee Local Environmental Plan 2010 (WLEP 2010), as exhibited.






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

Assessment Act 1979 and the Guide to Preparing Local Environmental Plans, Council proceed with the making of the following amendments to Wingecarribee Local Environmental Plan 2010:

a. Part of 7 Ellen Street, Bowral, Lot 10 DP 597322, be rezoned from RE1

Public Recreation to E2 Environmental Conservation; b. 45 Hoskins Street, Moss Vale - Lot 1 DP 781256, be rezoned from RE1

Public Recreation to R2 Low Density Residential and a minimum lot size of 700m2 be applied;

c. Lot 126 DP263356 Anembo Street, Moss Vale be rezoned from RE1 Public

Recreation to R2 Low Density Residential and a minimum lot size of 700m2 be applied, and reclassified from Community to Operational;

d. Remove Part of 7 Ellen Street, Bowral (Lot 10 DP 597322) and 45 Hoskins

Street, Moss Vale (Lot 1 DP 781256) from the Acquisition Maps.

2. THAT submission makers be notified of Council’s decision.

REPORT

BACKGROUND

The Planning Proposal is the result of two separate resolutions of Council as follows:

Resolution 13 November 2013:

No 45 Hoskins Street, Moss Vale – Lot 1 DP 781256 and Part of No. 7 Ellen Street, Bowral – Lot 10 DP 597322 were part of a Closed Report (cc-GM1) considered by Council on 13 November 2013. The Closed Report was in respect of properties currently notated in WLEP 2010 on the Land Reservation Acquisition Maps as “Local Open Space RE1”, being included in (at the time) Draft Section 94 Developer Contributions Plan for Open Space, Recreation, Community and Cultural Facilities 2013 to 2036. The report was closed (confidential) as it contained property valuations carried out on behalf of Council for most of the properties listed in the below resolution including No. 45 Hoskins Street, Moss Vale and No. 7 Ellen Street, Bowral. The valuations for the properties the subject of this Planning Proposal remain confidential. The resolution resulting from the Closed Report (cc 56/13) is reproduced as follows:

1. THAT the following properties be included in the Draft Section 94 Plan for Open

Space, Recreation, Community and Cultural Facilities 2012 to 2036 for future acquisition by Council:




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Part of 1 Duke Street, Bowral – Lot 137 DP15496

Part of 3 Soma Avenue, Bowral – Lot 21 DP11372

Part of 15-17 Soma Avenue, Bowral – Lot 18 DP11372

Part of 19-21 Soma Avenue – Lot 17 DP11372

Part of 18 Centennial Road, Bowral – Lot 1 DP1101892

Part of 40 Oxleys Hill Road, Bowral – PT Lot 1 DP404276

Part of 8 Willow Drive, Bowral – Lot 4 DP614505

Part of 7000 Illawarra Hwy, Moss Vale – Lot 4 DP10658

Part of 4 Berrima Road, Moss Vale – Lot 1 DP329230

31 Harold Street, Hill Top – Lot 45 Sec 3 DP10173

Lots 70 & 71 Fitzroy Street, Hill Top – Lots 70 & 71 Sec 66 DP1717 2. THAT the owners of the above properties in Item 1 be informed of Council’s decision

and provided with a copy of the Valuation Report for their property/part property. 3. THAT a Planning Proposal to amend Wingecarribee Local Environmental Plan 2010 to

remove 45 Hoskins Street, Moss Vale (Lot 1 DP781256) and Part of 7 Ellen Street, Bowral (Lot 10 DP597322) from the Land Reservation Acquisition Maps and be rezoned from RE1 Public recreation to an appropriate zone, be prepared and forwarded to the NSW Department of Planning and Infrastructure for a Gateway Determination under Section 55 of the Environmental Planning and Assessment Act 1979.

4. THAT the owners of properties in Item 3 above be informed in writing of Council’s

decision.

Item 3 in the resolution contains Council’s decision resulting in No. 45 Hoskins Street, Moss Vale and Part of 7 Ellen Street, Bowral being included in this Planning Proposal.

Resolution 12 October 2011

Lot 126 DP 263356 is the result of report considered by Council on 12 October 2011. The resolution of Council (OC 214/11) resulting from the report is reproduced as follows:

1. THAT any past or present potential contaminating activities be identified and a

preliminary assessment of any site contamination be prepared with respect to (No Street Number) Lot 126 Deposited Plan 263356 Anembo Street, Moss Vale.

2. THAT subject to Council satisfaction with the site contamination report, a Planning

Proposal be prepared to appropriately rezone the land known as (No Street Number) Lot 126 Deposited Plan 263356 Anembo Street, Moss Vale.

3. THAT subject to Council satisfaction with the site contamination report, a Draft Plan of

Subdivision be prepared for the purpose of community consultation and public exhibition AND THAT following public exhibition of the Draft Plan a further Report be brought back to Council for final approval (or otherwise) of the Proposed Plan of Subdivision.




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In respect to the above resolution the contamination report was completed in April 2014 and accepted by Council. The property was then able to be included in a Planning Proposal, and hence was included in this Planning Proposal.

Gateway Determination

A Planning Proposal was prepared including the 3 sites the subject of this report and forwarded to the Department of Planning and Environment (DPE) for Gateway determination. A Gateway Determination in support of the Planning Proposal was issued on 13 August 2014.

Public Exhibition

The Planning Proposal was subsequently placed on public exhibition from 12 November 2014 to 12 December 2014, however due to requests from the public regarding Lot 126 Anembo Street, as it is Community Land, the submission period was extended to 30 January 2015.

A Public Hearing for Lot 126 Anembo Street, Moss Vale then followed on 26 March 2015, which was required, as the land was being reclassified from Community to Operational.

The body of this report discusses the outcomes of the public exhibition period and public hearing.

DETAILS OF PROPOSAL

Details of the Planning Proposal in respect of each of the three subject sites are discussed separately as follows:

No 45 Hoskins Street, Moss Vale – Lot 1 DP 781256

The intended outcome for this property is:

Remove the RE1 Public Recreation Zone and replace with R2 Low Density Residential

Remove the property from the Land Acquisition Maps

Apply a minimum Lot size of 700m2 (Q) Maps are contained in Attachment 1. Part of No 7 Ellen Street, Bowral – Lot 10 DP 597322 The intended outcome for this property is:

Remove the RE1 Public Recreation Zone at the rear part of the property and replace with E2 Environmental Conservation

Remove part of affected property from the Land Acquisition Maps

Minimum Lot Size remains as is (no minimum lot size) Maps are contained in Attachment 2. Public Land Anembo Street, Moss Vale – Lot 126 DP 263356 The intended outcome for this property is:




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Remove the RE1 Public Recreation Zone and replace with R2 Low Density Residential

Apply a minimum Lot size of 700m2 (Q)

Reclassify the site from Community to Operational

Create an appropriate plan of subdivision for the site and following development application and subdivision certificate approvals sell off the newly created individual residential properties

Undertake a new Planning Proposal to rezone the remainder of the site not used for residential purposes back to RE1 Public Recreation and via Council resolution reclassify this part of the land back to Community from Operational.

Maps are contained in Attachment 3.

STATUTORY PROVISIONS

ASSESSMENT - KEY ISSUES

Wingecarribee LEP2010

The Planning Proposal is required to amend WLEP 2010 to remove 45 Hoskins Street, Moss Vale and 7 Ellen Street, Bowral from the Land Acquisitions Maps, as Council no longer wishes to acquire those properties, as per it resolution of 12 November 2013. As such the RE1 zonings need to be removed from those properties and appropriate zonings matching the surrounding zones and land uses put in their place.

In respect of Lot 126 Anembo Street, Moss Vale the Planning Proposal was required to change the classification of the land from community to operational and rezone the property to residential to allow Council to create some residential lots for future sale.

Development Control Plans

No amendments are required to Council’s Development Control Plans for Bowral or Moss Vale, as result of this Planning Proposal.

State Environmental Planning Policies

The Planning Proposal has been assessed against the following relevant State Environmental Planning Policies (SEPPs):

SEPP Sydney Drinking Water Catchment 2011

SEPP Rural Lands 2008

The SEPPs are addressed separately as follows:

SEPP Sydney Drinking Water Catchment 2011 In accordance with the Section 117 Directions the Planning Proposal was referred to the Sydney Catchment Authority (SCA) (now Water NSW) on 17 June 2014 for comment. In summary the SCA was supportive of the Planning Proposal and raised no concerns regarding 7 Ellen Street, Bowral and 45 Hoskins Street, Moss Vale. Although supportive of Anembo Street, Moss Vale the SCA raised the following concerns:

An extract of the 12 October 2011 Council report indicates that at that time it was intended that a large portion of the land would remain dedicated as public reserve with up to four residential lots being created. However, the entire lot is proposed to be




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zoned R2 Low Density Residential, rather than be zoned in part as R2 Low Density where the four lots would be proposed and remain RE1 Public Recreation for the land to remain open space.

It is imperative that the development site be connected to the reticulated sewerage system.

Any future subdivision will need to demonstrate a neutral or beneficial effect on water quality (NorBE) and referred to the SCA for concurrence.

It is noted from the Contamination report prepared for the site, it appears there is no contamination on the site.

In respect to Test Pit 2 (Contamination Report), it is noted that significant water was found at 1metre depth within a gravel layer and as such, further understanding of the site’s hydrology is likely to be required prior to development. This can be conducted at the development application stage when the subdivision is proposed.

As the SEPP applies, Council must ensure any future development results in a neutral or beneficial effect on water quality resulting from the site once developed. Such detail will likely be submitted with a future development application. SEPP Rural Lands 2008 Section 117 Direction 2.1 requires Council to consider whether or not the Planning Proposal is consistent with the Rural Planning Principles and Rural Subdivision Principles of the Rural Lands SEPP. The Planning Proposal is considered consistent with the principles of the Rural Lands SEPP, as Part of No. 7 Ellen Street, Bowral is to be rezoned from RE1 Public Recreation to E2 Environmental Conservation. This is consistent with the SEPP as the area of the E2 Environmental Conservation land adjoining the Mt Gibraltar reserve will increase and the land area of E2 Zone will act as a buffer to adjacent residential development, including that contained on the subject property. One of the Rural Planning Principles under the SEPP in relation to environmental protection zoned land is: the identification and protection of natural resources, having regard to maintaining

biodiversity , the protection of native vegetation, the importance of water resources and avoiding constrained land,

Whilst the particular land will remain in private ownership, the E2 zoning will restrict the land from being subdivided and used for residential purposes, thus protecting the native vegetation and maintaining the remaining biodiversity of the land.

Section 117 Directions The Minister for Planning, under section 117(2) of the Environmental Planning and Assessment Act 1979 (EP&A Act) issues Directions that Council must follow when preparing Planning Proposals. The Directions cover the following broad categories: 1. employment and resources 2. environment and heritage 3. housing, infrastructure and urban development 4. hazard and risk 5. regional planning 6. local plan making.




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An assessment of these broad categories was undertaken and included in the Planning Proposal report submitted by Council for Gateway Determination. The Gateway Determination was supportive of the Planning Proposal and raised no issues in respect of s117 directions assessment.

IMPACT ON FIT FOR THE FUTURE PROPOSAL OUTCOME The eventual sale of the lots to be created from the Anembo Street Part of this Planning Proposal meets Council’s “Fit for the Future Proposal”, as the sale of that land is a funding source to reduce Council’s debt in respect of the Moss Vale War Memorial Aquatic Centre. Further, the removal of 45 Hoskins Street, Moss Vale and 7 Ellen Street, Bowral from the land acquisition maps reduces Council’s future acquisition commitments, especially considering that it has been identified that these parcels of land would have little community benefit if acquired. Hence, this Planning Proposal is part of Council rationalisation of current and future property portfolio.

CONSULTATION

COMMUNITY ENGAGEMENT

External Referrals

Referrals/Notice Advice/Response/Conditions

Sydney Catchment Authority (SCA) now Water NSW

The Planning Proposal was forwarded to the SCA (at the time, now Water NSW) for comment. The SCA had no objections to the Planning Proposal and noted that any future development applications for the subdivision of Lot 126 Anembo Street, Moss Vale would need to be connected to Council’s reticulated sewerage system and meet the requirement of SEPP Sydney Drinking Water Catchment 2011.

NSW Rural Fire Service (NSW RFS)

The Planning Proposal was forwarded to the NSW RFS for comment. The NSW RFS raised no concerns in respect of the Planning Proposal.

Internal Referrals

Formal internal referrals were not required as part of the Planning Proposal, as it had been prepared in consultation with Council’s Property Officers and Environment and Sustainability Team.

Public Participation

The Planning Proposal was placed on public exhibition from 12 November 2014 to 12 December 2014, however due to requests from the public regarding Lot 126 Anembo Street, Moss Vale, as it is Community Land, the submission period was extended to 30 January 2015.

A Public Hearing for Lot 126 Anembo Street, Moss Vale then followed on 26 March 2015, which was required, as the land was being reclassified from Community to Operational.




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Results of the Public Exhibition Period are listed as follows:

11 Submissions were received

1 Petition containing 12 signatures objecting to Lot 126 Anembo Street, Moss Vale as part of the Planning Proposal was received

Of the 11 submissions

o 8 were only objecting to the Lot 126 Anembo Street, Moss Vale Part of the

Planning Proposal

o 1 conditionally supported Lot 126 Anembo Street, Moss Vale Part of the

Proposal

o 1 addressed only the 45 Hoskins Street, Moss Vale part of the Planning

Proposal and provided conditional support

o 1 objected only to the 7 Ellen Street, Bowral part of the Planning Proposal

The Submissions are addressed as follows:

Points raised in submission in respect of 45 Hoskins Street, Moss Vale

Submission by Local Resident.

No objection is raised to land remaining in private ownership and as a residential property on the condition that ‘Goode Park’ will be retained for use and enjoyment by residents of the area and the wider community.

A matter of concern is the map provided appears to show the possibility for subdivision of ‘Goode Park’ into residential lots.

We believe any change from Community to Residential land of ‘Goode Park’ would greatly impact on our property and our neighbour’s properties.

Comment: There are no plans in place by Council to sell off Goode Park for residential purposes. Goode Park is historically made up of several lots known as Lots 1 to 11 DP1101949 and Lot 22 DP262485, which are a modern description of an Old System Title, being Lots 1-7 and Lots 31-34 of J.E. McCleery’s Subdivision.

Hence these lots date back to an early subdivision pattern of the original land and have never been consolidated. Nevertheless, Council at this time has no resolution in place to change the use of Goode Park from community to residential.

Points raised in submission in respect of 7 Ellen Street, Bowral

Submission by Mount Gibraltar Landcare and Bushcare Group

The vegetation on this land is Mount Gibraltar Forest EEC that is currently only represented by the eucalyptus canopy, but in experience of the Group, would regenerate very well if weed species are removed and mowing ceased.

It could be an asset to the reserve.

The Group is concerned that the owner may pressure Council in the future for a separate access through the reserve.




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The Group is concerned that the land holder will not restore this section of land under the new zoning and the reserve will be vulnerable to infestation from weeds.

As private land the Bushcare Team cannot work on it.

The Group is concerned that more reserve land, will be required for Asset Protection Zone (APZ) for bushfire, defeating the ‘buffer’ concept.

The Group is also concerned about the current 10/50 legislation which could see the site entirely cleared should the owner decide.

Reallocation of the hypothetical funds towards acquisition of higher priority Lots adjacent to Mt Gibraltar Heritage Reserve is, in the Group’s experience, unlikely to materialise.

Comment: Council has considered the environmental merits of the site versus the acquisition costs compared with other sites and has decided that this particular site will not provide a significant benefit to the Mount Gibraltar Heritage Reserve and has therefore decided not to acquire it.

In respect of access, the site has legal access to Ellen Street and there is no need for a second access point to the site.

As the land will remain in private ownership, the owner of the property will remain responsible for maintaining the APZ for their property. If Council were to acquire the site, the owner’s ability to protect their property would be diminished and could potentially be at higher risk than it currently is.

In respect of funding acquisition of private lands for inclusion into the Mount Gibraltar Heritage Reserve, this particular site was considered to be of lower value than other sites and would not be a justifiable expense of public funds. As such, funding for other sites will be more obtainable in the future, as stated in the Section 94 Developer Contributions Plan for Open Space, Recreation, Community and Cultural Facilities 2013 to 2036.

Summary of points made in submissions in respect of Lot 126 Anembo Street, Moss Vale

Points raised by Moss Vale Land Care Group & Wingecarribee Land Care and Bushcare Network Inc.

Our Groups are concerned by Council’s plans to reclassify the land as we believe no examination of native vegetation on the site has taken place.

We draw attention to the few trees that remain include eleven (11) mature Eucalyptus cinerea (Argyle Apple), which are quite uncommon in the Moss Vale area.

The seed from these trees has been collected several times to supply the Council’s Bushcare Nursery with good provenance seed of this species.

As most of this species of tree in the locality is found as isolated, or limited to a group of two or three, having group of eleven trees is significant for genetic diversity of the seed.

There are other native species on the site, however there are some non-natives such as Pinus radiate, which should be removed whatever Council’s ultimate decision regarding the site maybe.

We believe that an effort should be made to separate and maintain the small treed area containing the eleven (11) Eucalyptus cinerea (Argyle Apple)




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Comments: Council has preliminary subdivision plans of the subject site that could be adjusted to create a similar lot yield and leave the eleven (11) Eucalyptus cinerea (Argyle Apple) protected from development and left as part of the remaining community land.

Points raised by local residents in support:

My residence is opposite Lot 126 Anembo Street, Moss Vale. I have no objection to the lot being rezoned for residential purposes provided the new dwellings are limited to being single level. Anything double storey or higher would have an adverse effect on existing premises.

Is it possible to have a walk way for pedestrian access from Anembo Street through to public recreation land behind the proposed development. Children are used to accessing the public land there as a thoroughfare and would otherwise need to go around to Berrima Road if access was closed off.

Comments: If Council was to simply sell the vacant residential lots, once created, there would be little Council could do to prevent proposed double storey dwellings that are compliant with the NSW Housing Code. However, Council could possibly delay exchange of contracts until such time that dwellings were approved via complying development certificates or development applications.

In respect of access to the remainder of the public land, Council proposed access via Anembo Street and may consider formalised footpaths in the future.

Points raised by local residents objecting:

The land is important open space and practically surrounded by former Housing Commission dwellings, that is populated by more financially deprived, socially disadvantaged persons and families.

The proposal appears to completely separate the people in that area from the remaining green space, with no walking access through to the top of the hill.

The proposal has significant social implications which do not appear to have been considered in the drawing up of the plan. It appears that residents of Anembo Street and other nearby streets will only have access to the reserved green space by walking along Berrima Road, which is busy and has no formal footpath.

Could the eleven (11) Eucalyptus cinerea (Argyle Apple) be protected from the development?

How many allotments and of what size and dimension are proposed for the future resident subdivision of Lot 126 Anembo Street, Moss Vale.

The site was subject to heavy earthworks and landscaping after the closure of the Moss Vale Tip in the 1970’s.

There is concern the land is fragile and venerable to soil slippage and slumpage.

Already some residents in Anembo Street are experiencing structural movement and are using retaining barriers.

Does the WSC Geotechnical survey comply with this specified development proposal and the extent of urban consolidation of the site?




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The development will encroach on one of the highest points in Moss Vale and will be observable from other areas.

Council is implored not to ruin this precious area for short term gain.

The Housing Department, when developing this area in the 1980’s left this area as open space for use by the surrounding community. This proposal ignores the original intended use.

The unused quarry on the hill remains a possible danger to children using the site. More houses and more children will exacerbate this problem.

The location of test pits appears to have been limited to the north of the old quarry site, which was not the town rubbish dump. The town dump was a large excavation to the west of the quarry, and it was in use for at least thirty years and possibly longer. I believe that leachate from the old tip could still be present in the water which flows down from the hill in wet periods.

There are many other questions that could be raised in regard to the usage of this land, and its potential. Once it is taken out of public ownership and turned into another housing area, most of these options are closed.

The Council should have long ago installed play equipment in this area as it is well used by children.

Traffic in Moss Vale is horrendous, more houses will add to the current traffic problems.

Comments: There is much concern raised in the submission in respect of the loss of community land and the removal of access from Anembo Street. It is Council’s intent to retain access to the remainder of community land from Anembo Street, as the entire frontage will not be developed for residential purposes, refer to Attachment 4.

In regard to the eleven (11) Eucalyptus cinerea (Argyle Apple), the access from Anembo Street can be amended from that shown in Attachment 4, to incorporate these trees, which will ensure they remain on the community land and not removed for future residential development purposes as shown in Attachment 5. Council will be required to notify neighbours of the proposed final design of the subdivision at the development application stage, at which time neighbours and general public will be able make further comment.

In respect of comments that the site was the ‘Moss Vale Tip’, according to the SEEC Stage 1 and 2 Contamination Report, this would appear to be an inaccurate reflection of historical land uses. The SEEC Report provided historical evidence, including aerial photos dating back to 1949, that the neighbouring Lots 7 & 8 Sec 3 DP 975386, Lot 29 1136885 and Lot B DP 158739 (these properties are still community land) were once used as a quarry. The 1949 and 1969 aerial photos in the report clearly show the quarry extent. In 1979 though, aerial photos show that the quarry had been back filled and there was concern that some ‘garbage’ may have been dumped in the quarry during the back filling. The SEEC Report has found that there is no contamination evident through core samples taken. Further, Lot 126 was not affected by the backfilling but has encountered disturbance at the higher parts of the site. Core samples taken on Lot 126 did not reveal any contaminants on the site. The SEEC Report concludes that Lot 126 is suitable for residential development.

There are also concerns that the more housing will create more traffic stress in Moss Vale. Seven additional houses in Anembo Street will not have an adverse effect on traffic in the locality and in Moss Vale generally, as it is only a minor increase.




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In respect of other concerns, such as the future development of the land, it is unlikely that Council would be able to further develop any other part of the reserve, other than for public open space purposes, due to the historical uses of the site for quarrying and later land fill. These historical uses and their extent, would likely render the remainder of the site as unsuitable for development of structures.

Public Hearing

As Lot 126 Anembo Street, Moss Vale requires reclassification of Land from Community to Operational, a Public Hearing was held on 26 March 2015 in accordance with Section 29 of the Local Government Act 1993 and Section 57 of the Environmental Planning and Assessment Act 1979.

The Public Hearing was independently facilitated by Edge Land Planning and their report of the hearing is included as Attachment 6. One (1) member of the public attended the Public Hearing. The main points raised at the Public Hearing are summarised.

The reclassification of land was opposed for the following:

o There is a belief that the native vegetation on the site had not been identified in

the Planning Proposal report

o The Eucalyptus Cinerea is present on the site and there are eleven trees which

makes it suitable for seed collection. There are not many of these species remaining in the Moss Vale area.

o The small treed area containing the Eucalyptus Cinerea should be saved from

any development of the site.

o The trees provide habitat for birds

o Local children use the site for playing

o The land has a value as open space for the local area

o The park provides a thoroughfare from Anembo Street to Watson Road via

Stanley Terrace

o The site was previously a quarry and disposal site and there could be

contamination

Many of the above points are similar to those contained in the submissions and have been previously addressed. Nevertheless, the section of Lot 126 to be utilised for residential development is provided in Attachment 4. It is noted that the proposed subdivision plan is preliminary and can be adjusted to preserve most of the eleven Eucalytus Cinerea tree species. It should also be noted that the remainder of the land will remain in community ownership. As such there are options available to Council in respect to the manner in which the Planning Proposal can continue regarding Lot 126 Anembo Street.

Section 58 of the Environmental Planning and Assessment Act 1979, provides Council with options following the completion of the public exhibition period:

Continue with the Planning Proposal as exhibited; or

Vary the Planning Proposal as a consequence of its consideration of any submission or report during community consultation or for any other reason:




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o If Council does vary the Planning Proposal it is to forward the revised Planning

Proposal to the Minister

o The Minister may or may not determine that further community consultation is

required.

The Council can also request the Minister to determine that the Planning Proposal not proceed.

In respect of the above three points and the Lot 126 Part of this Planning Proposal, the following options are available to the Council:

1. Proceed with the Planning to reclassify and rezone the entirety of Lot 126 Anembo Street, Moss Vale, as exhibited. The remainder of the land would be converted back to RE1 and community classification once the subdivision was complete.

OR

2. Vary the Planning Proposal to Part Reclassification and Part Rezoning of Lot 126 Anembo Street, Moss Vale so it is clear to the public that Council only intends to develop part of the site and retain the rest for community purposes. (Note: this may require the Planning Proposal to be re-exhibited at the Minister’s discretion and substantially delay the Planning Proposal due to detailed surveys and mapping being required before it can proceed any further).

OR

3. Request the Minister to remove Lot 126 Anembo Street, Moss Vale from the Planning Proposal.

It is recommended that Council proceed with Option 1 as the Planning Proposal can proceed. It also provides Council with the greatest amount of flexibility to redesign the subdivision around retaining the eleven Eucalyptus Cinerea tree species.

Whilst Option 2 may appear to be easiest way forward to guarantee to the public that Council only intends to develop part of the site, it builds in little flexibility should matters arise that require a design change during the development application stage. Essentially all development application matters would need to be resolved prior to the final design and part reclassification and part rezoning being able to take place, which is not the intent of Planning Proposals.


Environment

Whilst there are no direct environmental impacts resulting from this report, future use of land the subject of this Planning Proposal, namely Lot 126 Anembo Street, which proposes a rezoning from RE1 Public Recreation to R2 Low Density Residential, will require further environmental assessments, which would be undertaken at the Development Application stage for the subdivision of that land.




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Social

There is significant social interest in the Planning Proposal, especially in respect of Lot 126 Anembo Street, Moss Vale as it requires the rezoning from RE1 Public Recreation to R2 Low Density Residential and reclassification from community to operational for purposes of allowing Council to create some residential lots for future sale. The sale of the lots is proposed to help fund the Moss Vale War Memorial Aquatic Centre.

The social issues raised by respondents during the public exhibition period involved are listed as follows:

Loss of access to community land

Loss of future potential of community land for other purposes other than residential

Loss of community land for short term gain

The above matters have been addressed in the body of this report, nevertheless:

pedestrian access from Anembo Street will remain;

the next best use for the land is residential (other than open space), as the land is surrounded by residential development, any other use would not be in keeping with the residential amenity of the locality;

the funds raised from the sale of the land would be utilised to help fund the Moss Vale War Memorial Aquatic Centre, which is a significant long term asset for the community.


This Planning Proposal has future economic implications. In respect of 45 Hoskins Street, Moss Vale and 7 Ellen Street, Bowral, should Council not undertake this Planning Proposal and the properties remain in WLEP 2010 for future acquisition, Council at some point in the future will be compelled to acquire these properties at significant cost to the community for minimal public benefit. Further, should the owners of these properties be able to demonstrate hardship under the Land Acquisition (Just Terms Compensation) Act 1991, Council may be forced into acquiring these properties at a time that it was not planned for requiring adjustments to its future budget/s.

In respect of Lot 126 Anembo Street, Moss Vale, the sale of residential properties via a future subdivision approval will provide funds towards the Moss Vale War Memorial Aquatic Centre. Should the sale of this land not go ahead Council would need to replace that anticipated funding source with another. This may also result in significant adjustments to Council’s future budgets.

Culture


Governance

The Planning Proposal has been undertaken in accordance with the Gateway Determination, A Guide to Preparing Planning Proposals and A Guide to Preparing Local Environmental Plans the latter two published by the Department of Planning and Environment. A Public Hearing has also been conducted in accordance with Section 29 of the Local Government Act 1993 and Section 57 of the Environmental Planning and Assessment Act 1979.




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RELATIONSHIP TO CORPORATE PLANS

The Planning Proposal is consistent with Council’s forward Operational and Business Plans as it enables Council to move forward with the future sale of land in Anembo Street, Moss Vale to help with funding the Moss Vale War Memorial Aquatic Centre. Further, it will also remove two properties from the Land Acquisitions Maps of WLEP 2010 that are no longer required by Council. In effect the removal of these properties saves future expenditure on the acquisition of properties that would provide little public benefit.


This Planning Proposal has future budget implications. In respect of 45 Hoskins Street, Moss Vale and 7 Ellen Street, Bowral, should Council not undertake this Planning Proposal and the properties remain in WLEP 2010 for future acquisition, Council at some point in the future will be compelled to acquire these properties at significant cost to the community for minimal public benefit. Further, should the owners of these properties be able to demonstrate hardship under the Land Acquisition (Just Terms Compensation) Act 1991, Council may be forced into acquiring these properties at a time that it was not planned for requiring adjustments to its future budget/s.

In respect of Lot 126 Anembo Street, Moss Vale, the sale of residential properties via a future subdivision approval will provide funds towards the Moss Vale War Memorial Aquatic Centre. Should the sale of this land not go ahead Council would need to replace that anticipated funding source with another. This may also result in significant adjustments to Council’s future budgets.


There are no other Council policies related to this Planning Proposal that have not already been discussed in this report.

OPTIONS


Option 1

Proceed with the Planning Proposal as exhibited.

Option 2

Send a letter to the Minister requesting that the Lot 126 Anembo Street, Moss Vale Part of the Planning Proposal be amended to a Part Reclassification and Part Rezoning of the site.

Option 3

Send a request to the Minister that the Lot 126 Anembo Street, Moss Vale Part of the Planning Proposal be removed and the remainder of the Planning Proposal pertaining to 45 Hoskins Street, Moss Vale (Lot 1 DP781256) and 7 Ellen Street, Bowral (Lot 10 DP 597322) proceed.

Option 1 is the recommended option to this report, as it provides Council the most flexibility moving forward, especially in respect of Lot 126 Anembo Street, Moss Vale Part of the




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Planning Proposal. Option 1 will enable Council flexibility in redesigning the subdivision to retain as many of the eleven Eucalyptus Cinerea tree species as possible; and be able to move forward with the Planning Proposal. Option 1 also enables Council to move forward with a development application for Lot 126 Anembo Street, Moss Vale. Public comment on the design of the subdivision during the public exhibition of that development application will also be sought.

Option 2, would require Council to delay the Planning Proposal, as Council would need to finalise a design for the subdivision prior to a development application being sought. Once finalised the Plans for the Planning Proposal would need to be drawn up and survey accurate and then forwarded to the Minister requesting an amendment to the Planning Proposal. Should the Planning Proposal then proceed to be made, there would be no flexibility in the design should issues arise during the development application assessment stage and a further Planning Proposal may be required.

Therefore, Option 1 is recommended over Option 2 as they both have the same result, but Option 1 builds in flexibility and efficiencies that are still open to public scrutiny via consultation during the development application process.

CONCLUSION

The Planning Proposal for the 3 Sites the subject of this report has been publicly exhibited in accordance with the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000 and Local Government Act 1993. The response form the public is detailed in the body of the report, but in summary there was no objection to 45 Hoskins Street, Moss Vale; 1 objection to 7 Ellen Street, Bowral; and several objections from local residents to the Lot 126 Anembo Street, Moss Vale, which is the only part of the Planning Proposal that pertains to community land.

There are options available to Council to amend the Planning Proposal by requesting the Minister to make Lot 126 Anembo Street, Moss Vale a Part Lot Rezoning and Part Lot Reclassification. Whilst this may appease some public concerns that the entire site would be developed, it is not recommended as it would significantly delay the process and remove any flexibility for design changes during the development application process if they were required, as a result of rigorous environmental assessment. As the intended outcome would remain the same, it is recommended that Council utilises the option that provides the most flexibility and efficiencies which are still subject to public scrutiny, being Option 1 in the section above.

ATTACHMENTS

1. 45 Hoskins Street, Moss Vale - circulated under separate cover

2. 7 Ellen Street, Bowral - circulated under separate cover

3. Lot 126 Anembo Street, Moss Vale - circulated under separate cover

4. Proposed Subdivision of Lot 126 Anembo Street - circulated under separate cover

5. Proposed Subdivision Lot 126 Anembo Street, Moss Vale - Concept Plan - circulated under separate cover

6. Public Hearing Report for Lot 126 Anembo Street, Moss Vale - circulated under separate cover




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13.5 Retford Park Planning Agreement Post Public Exhibition

Reference: 5701/38 Responsible Officer: Group Manager Planning, Development & Regulatory

Services Applicant: Allen Ralph Robinson Owner: James Oswald Fairfax Link to Corporate Plan: Strengthen the connectivity, liveability and vibrancy of

towns and villages

PURPOSE The purpose of this report is to discuss the results of the Public Exhibition of the Retford Park Planning Agreement. It is recommended that the Retford Park Planning Agreement be entered into by Council.



RECOMMENDATION 1. THAT Council enter into the Retford Park Planning Agreement (Attachment 1 to

the report). 2. THAT the General Manager be delegated authority to execute the Retford Park

Planning Agreement (Attachment 1 to the report), between Council and James Oswald Fairfax, by signing the Execution Page of the Planning Agreement.

3. THAT James Oswald Fairfax be advised of Council’s decision.

REPORT

BACKGROUND

At its Ordinary Meeting of 10 June 2015 Council made the following resolution:

THAT the Retford Park 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.

In respect of the above resolution the Planning Agreement was placed on public exhibition from 24 June 2015 to 24 July 2015. During the public exhibition period two (2) submissions were received from local residents. The content of the submissions is discussed in the body of this report.




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Subject Site and Locality

The land the subject of the Planning Agreement has a Western and Eastern Part. The property description is Lot 6 DP1189022 and is shown in Figure 1 as follows:

Figure 1 – Subject Site and surrounding Locality (see Attachment 12)

The Western Part of Lot 6 DP1189022 borders Old South Road and David Wood Playing Fields, and will contain approximately 150 to 160 low density residential lots as shown in Attachment 2. The Eastern Part of Lot 6 DP1189022 is accessed via Mansfield Road and will contain 21 large residential lots as shown in Attachment 3.

DETAILS OF VOLUNTARY PLANNING AGREEMENT

The Retford Park Planning Agreement is provided in full as Attachment 1. In summary the highlights of the Planning Agreement are:

A Monetary Contribution of $200,000 towards the embellishment of playground facilities at David Wood Playing Fields. (Attachment 4)

A Monetary Contribution of $40,000 towards the ongoing maintenance of Eastern Land Riparian Corridor, following dedication to Council.

A Monetary Contribution of $60,000 towards the upgrading of Mansfield Road.




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The Dedication of Land for Central Park; and Dedication of Land for Nature Reserve along Old South Road including completed landscaping and drainage detention to Council’s satisfaction. All items come to a value of $770,000. (Attachments 5 & 6)

The Dedication of Land including remediation and landscaping to Council’s satisfaction for the Riparian Corridor in the Eastern Part of the development to value of $500,000. (Green Corridor in Attachment 3)

The provision of offsite shared pathways connecting existing pathways from East Bowral to the development, creating a loop via the proposed Central Park for existing residents of East Bowral and future residents of Retford Park to the value of $98,750. (Attachment 7)

The provision of onsite share pathways creating the loop discussed in the above point to the value of $29,000. (Attachment 7)

The provision of a new drainage culvert under Old South Road to the value of $150,000 in works. This work will correct a currently undersized culvert and reduce potential flooding over Old South Road. (Attachment 8)

The realignment of Old South Road over the new culvert (refer point above) to provide safer curvature of the road to the value of $180,000. (Attachment 9)

Shoulder widening of Old South Road to 2-metres to provide safer road alignment to the value of $140,000 (Attachment 10)

Central Park Embellishment Works that involves landscaping, park furniture and a heritage interpretation rotunda to the value of $640,700 (Attachment 5)

Landscaping on Community Land at the proposed road entrance from Boardman Road to the value of $224,000 (Attachment 11)

Including the monetary contributions to be paid in the Planning Agreement not mentioned in the points above, the total Value of the Planning Agreement is $6,047,083.00. If there was no Planning Agreement, the sum of contributions payable under Council’s S94 Contributions Plan and S64 Developer Servicing Plans would be $4,202,278.00.

Hence the benefit of the Planning Agreement is $1,844,805.00 over and above the standard contributions that would normally be payable to Council for such a development.

The greatest benefits to the community come in the form of the Central Park, landscaping works on Old South Road, the embellishment of David Wood Playing Field and the linking of shared pathways. The Central Park will be a place for passive recreation and will contain heritage interpretations pertaining to the history of Retford Park. The Old South Road landscaping will result in the removal of the radiata pines, which will be replaced with mature species to Council’s requirements (Attachment 6). This will create a landscaped barrier along the Old South Road frontage between the road and the rear fences of properties.

The embellishment of David Wood Playing Fields playground equipment will be the responsibility of Council, with the Developer providing $200,000 towards the works. The Planning Agreement is drafted in such a way that other monetary contributions (Items 2 and 3 in Schedule 1) paid under the Planning Agreement can be redirected to the embellishment of David Wood Playing Field. Hence Council can direct $350,981 to the embellishment from the Planning Agreement. It should be noted that the Concept Plan (Attachment 4) for David Wood Playing Fields has an estimated value of approximately $500,000. Therefore, to achieve the Concept design, which is not conditional, Council would need to fund separately




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an additional $150,000. It should also be noted that the concept playground could be achieved in stages.

STATUTORY PROVISIONS

Environmental planning and Assessment Act 1979 (EP&A Act) & Environmental Planning and Assessment Regulation 2000 (EP&A Reg)

The Retford Park Planning Agreement has been drafted under the provisions of Section 93F(1)(b) of the EP&A Act, as the Developer proposes to make a development application in the future for the residential development of Retford Park Estate.

Section 93G of the EP&A Act states that a planning agreement cannot be entered into unless a public notice has been given of the proposed agreement and made available for public inspection for a period of not less than 28 days.

The required public exhibition period has now been completed. The results of the results of the public exhibition period are discussed in the following section.

IMPACT ON FIT FOR THE FUTURE PROPOSAL OUTCOME The Retford Park Planning Agreement is generally consistent with Council’s Fit for the Future Proposal. The Planning Agreement involves significant material public benefits being dedicated to Council in the form of embellished open space, works in kind to improve roads and drainage infrastructure; and also includes maintenance periods at the cost of the developer following dedication of particular assets to Council including riparian corridors. There are some items in the Planning Agreement where Council is also committed to providing and or rehabilitating some assets, being the embellishment of David Wood Playing Fields and a section of Mansfield Road. However, these costs to Council are minor and can potentially be met through the redistribution of monetary contributions being paid via the Planning Agreement.

CONSULTATION


Internal Referrals

Several internal staff of multiple disciplines have been involved in the negotiation process with the Developer over many matters including, but not limited to, open space/recreation assets, roads assets, storm water assets and sewerage assets.

Neighbour Notification (or Advertising)/Public Participation

The Retford Park Planning Agreement was placed on public exhibition from 24 June 2015 to 24 July 2015. A Total of 1,570 residents in the East Bowral locality were informed by letter of the exhibition of the Planning Agreement and Public Notices were placed in each Wednesday’s edition of the Southern Highland News.

Two (2) submissions were received as a result of the public exhibition of the Planning Agreement from local residents. The points raised in the submissions are summarised as follows:




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First Submission

As a landowner adjacent to the development, I would like confirmed that the radiata pines will be replaced along Old South Road, as shown on the Schedule 10 Plan contained in the Planning Agreement. Hopefully this is correct and can be done.

Second Submission

The generous contributions to public open space in the proposal are noted.

I am unsure of whether the access road proposal built into the current planning agreement is driven by some engineering concern which is not immediately obvious, or whether it is driven by cost control…but this subdivision is attempting to create roughly 180 new allotments, and does not adequately address the traffic flow patterns which will emerge from it.

All of the traffic from the Western part of the development will emerge on Boardman Road.

It would make more sense to try and funnel traffic along multiple routes, including Merrigang Street.

There is a meaningless cul-de-sac near the junction with Old South Road at the north western corner.

In times of heavy rain Bowral Street floods and it is impassible near Albert Street. In the past the road has been closed for longer than 24 hours and I see nothing is planned in the agreement to rectify this.

In fact the culvert work proposed along Old South Road will probably only accelerate water flows across Bowral Street.

Direct access to Old South Road should be provided to encourage traffic along Bowral and Merrigang Streets.

Should the plan drawers have sufficient money, they may also wish to complete that unformed section of Shepherd Street.

Comments: The support for the removal of the radiate pines is noted and it can be confirmed they will be removed and replaced at the cost of the developer with the plantings shown on Attachment 6.

In respect to the second submission, Council’s Traffic Engineers support the proposed road plans as provided in the Planning Agreement, as the intersection with Boardman Road is significantly safer than any possible access that could be achieved with Old South Road. Boardman Road has sufficient capacity to cope with the additional traffic from the proposed number lots in the Western development. The intersection will be treated with a roundabout. Road users can then access the large roundabout at the intersection of Boardman Road and Old South Road to choose their direction of travel. Council’s Traffic Engineers have consistently ruled out any access to Old South Road due to poor site distances resulting from the changing elevations, topography of the development site obscuring views, curvature of the road and the fact that it is a 80kph zone at the bottom of a relatively steep hill to the north.

In respect of flooding, the proposed works on Old South Road contained in the Planning Agreement are anticipated to resolve flooding overtopping Old South Road, keeping a main




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road corridor flood free, which is a significant benefit to the greater community. Bowral Street is a local road and there are alternative routes in case of its closure, which has minimal impacts compared to the closure of Old South Road.

In regard to the unmade section of Shepherd Street, Council has no intent to complete this section of road as Merrigang Street is capable of carrying the required traffic, the unmade section dissects a flood way and an additional intersection to Old South Road is not supported for the same reasons Retford Park Estate would not be allowed access.

To summarise the submissions, one is supportive of the landscaping works to occur along Old South Road, whilst the other is supportive of the public open space to be dedicated but is objectionable to the proposed traffic arrangements. The issues raised in respect of traffic have been discussed numerous times throughout the process of the re-zoning, and the making public land available for road access near David Wood Playing Fields. Essentially the response is the same in that Council’s Engineers will not support any access to Old South Road for significant safety reasons and that Boardman Road; and the large Roundabout at the corner of Old South Road and Boardman Road has significant capacity to be capable of supporting additional traffic from the proposed development.

No changes are recommended to the Retford Park Planning Agreement as a result of the Public Exhibition of the document.


Environment

It is anticipated that the Retford Park Planning Agreement will result in beneficial environmental outcomes for the East Bowral community through the rehabilitation and establishment of a Riparian Corridor through the eastern part of the Estate; removal of radiata pines on Old South Road to be replaced with advanced species to Council’s satisfaction; and the establishment of a Central Park in the development (western land).

Social

The Retford Planning Agreement will provide significant material public benefits in the form of a Central Park for passive recreation; shared pathway links from current to proposed development; and the embellishment of playground facilities at David Wood Playing Fields.



Culture

The Retford Park Planning Agreement seeks to establish a Central Park within the western part of the estate that will contain heritage interpretations relating to the history of Retford Park. Notwithstanding, a future development application on the site will determine if there is any impact, positive or otherwise, on Aboriginal and non Aboriginal history of the site.

Governance

The Retford Park Planning Agreement has been negotiated in accordance with Section 93 of the EP&A Act and Council’s Planning Agreements Policy.




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RELATIONSHIP TO CORPORATE PLANS

Essentially the Retford Park Planning Agreement does not have any relationship to Council’s Corporate Plans, as it serves a private development. Nevertheless, some items within the agreement may require some adjustment to Council’s future capital works program. Council, if the agreement is entered into, will be accepting responsibility for some works, as it will be accepting monetary contributions towards those works from the Developer. Those works include the upgrading of Mansfield Road and the embellishment of David Wood Playing Fields playground facilities.


Some items within the Planning Agreement may require some adjustment to Council’s future capital works program. Council, if the agreement is entered into, will be accepting responsibility for some works, as it will be accepting monetary contributions towards those works from the Developer. Those works include the upgrading of Mansfield Road and the embellishment of David Wood Playing Fields playground facilities.

In respect of the costs for the drafting of the Planning Agreement, in accordance with Council’s Planning Agreement Policy, the Developer has agreed to pay half of Council’s costs.


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

OPTIONS


Option 1

Enter into the Planning Agreement.

Option 2

Not enter the Planning Agreement.

Option 1 is the recommended option to this report, as it will finalise the Planning Agreement by enabling both parties to execute the document.

CONCLUSION

Council’s Staff and Legal representatives have negotiated the Retford Park Planning Agreement with the Developer for over a 12 month period to date. The Planning Agreement proposes an additional $1,844,805.00 in value towards material public benefits than what would have otherwise been possible through the levying of Council’s standard set of developer contributions. The benefits cover, but are not limited to open space, recreation, roads, riparian corridors and storm water.

Therefore it is recommended that the Retford Park Planning Agreement be entered into, as no significant concerns were raised from the public exhibition of the document.




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ATTACHMENTS

1. Retford Park Planning Agreement - circulated under separate cover

2. Concept Subdivision Western Land - circulated under separate cover

3. Concept Subdivision Eastern Land - circulated under separate cover

4. Embellishment of David Wood Playing Fields - circulated under separate cover

5. Central Park Concept - circulated under separate cover

6. Olds South Road Concept - circulated under separate cover

7. Proposed Shared Pathways - circulated under separate cover

8. Proposed Culvert Works - circulated under separate cover

9. Old South Road Realignment - circulated under separate cover

10. Old South Road Widening - circulated under separate cover

11. Entry Road Landscaping - circulated under separate cover

12. Figure 1 - Subject Site and Surrounding Locality - circulated under separate cover




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13.6 Withdrawal from Inland NSW Regional Tourism Organisation

Reference: 1900 Report Author: Manager Tourism & Events Authoriser: Deputy General Manager Corporate, Strategy &

Development Services Link to Corporate Plan: Develop and implement a compelling and competitive brand

identity for the Southern Highlands, based on our distinctive lifestyle factors of climate, horticulture, recreation, landscape and heritage

PURPOSE To present an update in relation to Regional tourism, seek endorsement to not renew membership of the Inland NSW Regional Tourism Organisation and commence a review of options for positioning the Southern Highlands as a result of the current State Government Review of Regional Tourism.

RECOMMENDATION

1. THAT the decision not to renew membership with Inland NSW Tourism be endorsed and pursue other regional tourism opportunities outside of the Inland Regional Tourism Organisation membership.

2. THAT the Funds budgeted for Council’s Inland NSW membership be preserved

within the Tourism and Events budget to facilitate outcomes that arise from the review of Regional Tourism by the State Government.

3. THAT Inland NSW be notified of Council’s decision.

REPORT

BACKGROUND The following is an overview on regional tourism organisations (RTOs) taken from Destination NSW (DNSW) website.

‘New South Wales has been divided into 12 tourism areas to provide a workable administrative structure upon which to manage the visitor economy in this state. Each area (other than Sydney) has an independent organisation established to represent the areas visitor economy stakeholders. These organisations, often called regional tourism organisations or RTOs, are separate independent bodies to Destination NSW.

Many destinations in NSW have developed destination management plans. The plans are useful to anyone involved in the visitor economy.




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They aim is to provide a strategic focus for the destination to sustainably grow the visitor economy.’

Council is a member of the Inland NSW Tourism RTO, which is an incorporated association, made up of 35 LGA’s and several tourism operators that was formed in 2011 from the amalgamation of Capital Country RTO (of which Wingecarribee Shire Council was a member), New England North West RTO, Outback RTO and several LGA’s within the Central NSW RTO.

The decision to merge in 2011 resulted from a change of funding for RTO’s from the NSW State Government, essentially making the Capital Country RTO unsustainable. Additional short term incentives were available from the State Government to encourage RTOs to merge. A number of concerns were noted at the time of amalgamation including the sheer geographic size of the Inland NSW Tourism footprint, the characteristics of the other regions in relation to our region and the impact of marketing services and whether we would benefit from the level of representation.

The attached map (Attachment 1) from the Inland NSW Tourism website highlights the LGAs that are Inland NSW members. Importantly, it highlights the geographic disconnect between our region and the other member regions of Inland NSW.

Wingecarribee’s membership of Inland NSW has been well leveraged with proactive engagement through the destination management planning process, leveraging of funds for regional campaigns and ensuring participation in broader destination appeal campaigns.

Council’s Tourism & Events Manager along with Industry Representative & past WSC Economic Development & Tourism Committee member Paul Rubie were elected to the newly formed Inland RTO Board in June 2012 representing the interests of the Capital Country region, for a six month period ended November 2012, but stepped down due to a conflict with the direction and operation of the RTO.

Local Government membership with Inland NSW Tourism is set at $0.50 per head of population per Council. During the four year period 2011/12 to 2014/15 membership to Inland NSW was capped at $5,000 per Council or $0.50 per head of population whichever was the lesser for all the former Capital Country member Councils, including Wingecarribee Shire Council, with the balance subsidised by funds remaining in the Capital Country RTO’s account. This subsidy has now ended effective 30 June 2015 as funds are exhausted and Wingecarribee Shire Council would be required to contribute $22,197 for the 2015/16 year to remain a member of Inland NSW Tourism.

On 10 July the NSW Minister for Trade, Tourism and Major Events called for a full review of the RTO structure. He has requested the Tourism Sub-Committee of the Destination NSW Board to evaluate the current RTO model and funding structure. The Committee will report back to Government by the end of September, with the aim to implement any accepted recommendations by the end of this year. In short, the RTO model in Regional NSW is broken - Blue Mountains RTO is not operational following recent financial sustainability issues. Hunter RTO is not supported by its LGA’s and has gone into ‘hibernation’ mode. Wollongong Council & Destination Wollongong withdrew from the South Coast RTO two months ago and Wyong Council is threatening to withdraw from Central Coast RTO due to the perceived lack of return on their membership investment. In the past weeks Yass Valley and Boorowa Councils have both agreed not to renew Membership of Inland RTO (22 July) along with an in-principal agreement by other Southern Tablelands Councils (Goulburn-Mulwaree, Upper Lachlan, Young & Harden) not to renew &




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form a closer alignment with Visit Canberra and Canberra Region Brand. This group of LGA’s is the core members of the old Capital Country RTO. It should be noted that in the State Government Review of Tourism in June 2012 it was highlighted in the Visitor Economy Task Force Report that a strategy to introduce a new approach to Regional NSW be initiated and the following action item be undertaken: “Establish five visitor economy ‘zones’ across NSW to structure Destination NSW,

Government and Industry engagement processes, including the facilitation of a new

Destination Management Planning process: Greater Sydney, Sydney Surrounds, North Coast,

South Coast, Inland”

It is now hoped that as a result of the pending State Government RTO Review that the above recommendation is incorporated into the outcomes which will hopefully allow the Southern Highlands to participate in the Sydney Surrounds Zone with the likes of Blue Mountains, Central Coast, Hunter and Wollongong.

REPORT

Wingecarribee Shire has not sat comfortably in its positioning within the Inland NSW RTO since the amalgamation of 2011/12 for various reasons such as brand association with Central North and Outback LGA’s, destination maturity amongst other less mature Inland LGA’s, high cost of membership, excessive service fees charged by Inland (20%) to access State Government Regional Tourism Funding via the Regional Visitor Economy Funding Program (RVEF), Intellectual Property ownership and restricted access to the regions Destination Management Plan (DMP) through to the recent launch of a competitive digital platform being introduced by Inland RTO in partnership with the Bauer Media Group under the brand ‘Travel In’.

Whilst Council acknowledges the good work that Inland RTO has achieved to date for its LGA members and that Council has benefited by its association it has reached a point in time where the following issues outweigh the benefits and cost of participation:

• Council is required to source additional RTO Membership funding of $17,197.50 to be

a member of Inland RTO for 2015/16 which has not been allocated to Tourism & Events unit budget for 2015/16

• Required to pay 20% service fee to Inland RTO to access RVEF Quarantined Tourism Funding from DNSW

• Brand disconnect for Southern Highlands with Inland NSW • Southern Highlands sits in Inland RTO but is positioned in Sydney Surrounds region

for Destination NSW Zone Management • Southern Highlands is more aligned with Sydney than Inland NSW or Canberra

Region • Inland RTO introduced a new government funded Digital Platform ‘Travel In’ to

represent its LGA members that competes with the new Destination Southern Highlands digital platform & booking engine

• Inland RTO is seeking local industry membership which presents a potential loss of revenue for Destination Southern Highlands from Industry Membership & Online Accommodation/Tour Booking sales

• Online revenue sales generated by Inland RTO via ‘Travel In’ remain with Inland RTO




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• Inland RTO is seeking Intellectual Property access to Destination Southern Highlands award winning My Southern Highlands Visiting Friends & Relatives (VFR) Program to develop Inlands VFR Program for their members

• All NSW RTO’s have different operating, membership & service fee models i.e. Inland RTO 50c per head of population + 20% service fee for RVEF funding V South Coast RTO $10k per LGA + 10% service fee for RVEF funding which does not provide a ‘level playing field’ for LGA’s & Industry

Should Council support the recommendation of this report the impact would be that Council would stand alone outside of the RTO structure until the outcomes of the State Government Review and would not have access to the RVEF Quarantined Funding set aside for Inland RTO for 2015/16 on a dollar for $ basis (min $50k) at a 20% service fee along with other benefits of association set out in their Membership Prospectus.

It should also be noted that Council can still apply to DNSW for RVEF via the Contestable Funding Program which has the same criteria applicable without a service fee being charged by DNSW and therefore achieving $ for $ funding.

Council can also continue to develop the outcomes of the regions Destination Management Plan whilst also facilitating industry led meetings to achieve these outcomes.


Nil

CONSULTATION


NIL


Meetings conducted with GM, DGM Corporate, Strategy & Development Services and Manager Tourism & Events


Meeting conducted with CEO Inland RTO & GM, DGM & Manager Tourism & Events on 14 July


Environment


Social

Tourism contributes to the social wellbeing of the community via its services, experiences and infrastructure.




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Tourism generates $240M* pa into the Wingecarribee Shire economy and employs around 2300 jobs in the regions Tourism and Hospitality sector making it one of the largest employers in the region. For the year ended December 2014 the region recorded 1.560m visitors

(*Data sourced from Tourism Research Australia NVS and IVS Reports Dec 2014)

Culture


Governance



Should the Council decide not to support the recommendation it will need to source an additional $18k from the 2015/16 budget


Nil

OPTIONS


Option 1

Not renew the Inland RTO membership for 2015/16 and pursue opportunities arising from the State Government Regional Tourism Review

Option 2

Renew membership of Inland RTO and secure additional budget funding of $18k for the 2015/16 year


CONCLUSION

Council acknowledges the good work that Inland RTO has achieved to date for its LGA members and that Council has benefited by its association over the past 3 years but it is in our best interest to not renew membership for 2015/16 and pursue a better fit and opportunities for the region going forward.




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ATTACHMENTS

1. Map highlighting the LGAs that are Inland NSW Members - circulated under separate cover




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13.7 RFT 6330/15.3 Lighting Upgrade Moss Vale Civic Centre

Reference: 6330/15.3 Report Author: Environment & Health Systems Coordinator Authoriser: Manager Environment & Sustainability Link to Corporate Plan: Establish mitigation and adaption plans and imagine a very

different world in 2031. Take into consideration the realities of peak oil, climate change, steady state economy and population growth

PURPOSE The purpose of this report is to provide Council with information regarding the tender process and evaluation for the upgrade of lighting at Moss Vale Civic Centre. This report contains information that, if disclosed, would confer a commercial advantage on parties with whom Council is conducting business. As such, it is recommended that the report be considered in Closed Council.

RECOMMENDATION THAT Council adopt the recommendations contained within the Closed report in relation to RFT 6330/15.3 – Lighting Upgrade Moss Vale Civic Centre – Item 22.1. OR THAT the report concerning RFT 6330/15.3 – Lighting Upgrade Moss Vale Civic Centre - 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.

ATTACHMENTS





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13.8 Request to Waive Development Application Fees as a Refund for Works Carried Out to Springett House Bowral

Reference: 14/0967, 2106 Report Author: Deputy General Manager Corporate, Strategy &

Development Services Authoriser: Deputy General Manager Corporate, Strategy &

Development Services Link to Corporate Plan: 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 address the request by the Kollege of Knowledge Kommittee for Kids Inc (KKKK) to waive Development Application fees for the extensions carried out to Springett House, 518 Moss Vale Road, Burradoo to accommodate a carers bedroom as required by legislation.

RECOMMENDATION THAT Council supports the Kollege of Knowledge Kommittee for Kids Inc (KKKK) request by donating the Development Application fees for the proposed extension works to be carried out to Springett House, 518 Moss Vale Road, Burradoo in the amount of $954.50 AND THAT the funds be allocated from the Contingency Fund which will leave an amount of $24,045.50 remaining in the 2015/16 Contingency Fund.

REPORT

BACKGROUND

Springett House was established approximately 8 years ago to provide respite care for families of children with disabilities as well as adults with disabilities in a homely environment 24 hours a day seven days a week. The facility was established initially through Interchange Wingecarribee which has now become Interchange (Aust).

REPORT

Under changes in legislation, the facility is required to contain a separate bedroom for on-site carers. The proposed cost to undertake the works is estimated at $30,000. Due to the urgency of the work, the development application has already been made and approved.

The KKKK Organisation has funded the works to Springett House. The President of KKKK has written to Council seeking a donation from Council covering the Development Application fees which were $954.50.




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A decision by Council to agree to making a donation covering the development application fees for the subject works will have no impact on the outcome of Council’s Fit for the Future Proposal.

CONSULTATION


There has been no community engagement


General Manager

Group Manager Planning Development and Regulatory Services

Deputy General Manager Operations, Finance and Risk

Council’s Management Accountant


There has been no external engagement


Environment


Social

Council has a duty to support community organisations carrying out activities and events which support the welfare of the wider community.


There are no broader economic implication issues in relation to this report.

Culture


Governance

By following the correct protocol and donating the 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.




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The Contingency Vote has been identified as an appropriate funding source with sufficient resources to cover Council’s proposed donation of Development Application fees for the extension to Springett House in Burradoo.

The monetary value of Council’s donation will total $954.50


The proposal is consistent with the strategic goals of Council’s 2015/16 Revenue Policy.

OPTIONS


Option 1

That Council supports the Kollege of Knowledge Kommittee for Kids Inc (KKKK) request by donating the Development Application fees for the proposed extension to Springett House Burradoo, in the amount of $954.50 and that the funds be allocated from the Contingency Fund which will leave an amount of $24,045.50 remaining in the 2015/16 Contingency Fund.

Option 2

That Council does not support the Kollege of Knowledge Kommittee for Kids Inc (KKKK) request for the full amount of the Development Application fees for the extension to Springett House Burradoo being refunded as a donation.


CONCLUSION

The donation of Development Application Fees to the Kollege of Knowledge Kommittee for Kids Inc (KKKK) for the extension of Springett House Burradoo in consideration of the ensuing valuable service and contribution that KKKK makes in the Southern Highlands is considered worthwhile and appropriate.

ATTACHMENTS





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13.9 Request for Leave of Absence - Clr Graham McLaughlin

Reference: Pers Report Author: General Manager Authoriser: General Manager Link to Corporate Plan: Ensure systems and processes are in place to achieve


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

RECOMMENDATION THAT Councillor Graham McLaughlin be granted leave of absence from all Council commitments on Wednesday, 12 August 2015, including the Ordinary Meeting of Council and Council Briefing Sessions to be held that day.

REPORT

Councillor Graham McLaughlin has written to Council on 5 August 2015 advising that he is seeking leave of absence, for personal reasons, from the Ordinary Meeting of Council to be held on Wednesday, 12 August 2015, and including all Briefing Sessions also to be held that day.


Not applicable


Environment


Social




Culture





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Governance

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

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

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

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

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

OPTIONS


Option 1

Grant the leave of absence

Option 2

Do not grant leave of absence

CONCLUSION

That Councillor Graham McLaughlin be granted the requested leave of absence

ATTACHMENTS

There are no attachments to this report. Mark Pepping Deputy General Manager Corporate, Strategy & Development Services Friday 7 August 2015



REPORT GENERAL MANAGER

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COUNCIL MATTERS

14 GENERAL MANAGER

14.1 Staff Matter

Reference: Pers Report Author: General Manager Authoriser: General Manager Link to Corporate Plan: Provide opportunities to participate in futures thinking and

nurture ideas

PURPOSE The purpose of this report is to address a staff matter in Closed Council.

RECOMMENDATION THAT the report addressing a staff matter 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

This report contains information that deals with a personnel matter relating to a particular individual (who is not a councillor). As such, it is recommended that the report be considered by Council in Closed Committee pursuant to sections 10A(2)(a) of the Local Government Act 1993.

ATTACHMENTS

There are no attachments to this report. Ann Prendergast General Manager Friday 7 August 2015



COMMITTEE REPORTS

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18 COMMITTEE REPORTS

18.1 Management and Advisory Committee Reports

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


PURPOSE This report provides the Minutes of the following Committee Meetings, copies of which will be tabled for information: 1. Mittagong Memorial Hall Management Committee Meeting held on Thursday, 4 June

2015. 2. Aboriginal Community and Cultural Centre Management Committee held on Tuesday,

9 June 2015. 3. Mittagong Community Centre Management Committee held on Thursday, 11 June

2015. 4. Moss Vale Senior Citizens & Community Centre Management Committee held on

Monday, 15 June 2015. 5. Jurd Park Management Committee held on Tuesday, 16 June 2015. 6. East Bowral Community Centre Management Committee held on Tuesday, 23 June

2015. 7. Yerrinbool Hall Committee held on Monday, 29 June 2015. 8. Aboriginal Community and Cultural Centre Management Committee Annual General

Meeting held on Tuesday, 10 July 2015. 9. Aboriginal Community and Cultural Centre Management Committee held on Tuesday,

10 July 2015.



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RECOMMENDATION THAT the information contained in the following Committee Reports be noted: 1. Mittagong Memorial Hall Management Committee Meeting held on Thursday,

4 June 2015. 2. Aboriginal Community and Cultural Centre Management Committee held on

Tuesday, 9 June 2015. 3. Mittagong Community Centre Management Committee held on Thursday,

11 June 2015. 4. Moss Vale Senior Citizens & Community Centre Management Committee held

on Monday, 15 June 2015. 5. Jurd Park Management Committee held on Tuesday, 16 June 2015. 6. East Bowral Community Centre Management Committee held on Tuesday,

23 June 2015. 7. Yerrinbool Hall Committee held on Monday, 29 June 2015. 8. Aboriginal Community and Cultural Centre Management Committee Annual

General Meeting held on Tuesday, 10 July 2015. 9. Aboriginal Community and Cultural Centre Management Committee held on

Tuesday, 10 July 2015.

ATTACHMENTS




COMMITTEE REPORTS

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18.2 Access Committee Minutes 15 June 2015

Reference: 1828/3 Report Author: Ageing & Disability Officer Authoriser: Community Development Coordinator Link to Corporate Plan: 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 This report provides the Minutes of the Access Committee Meeting held on Monday 15 June 2015.

SUMMARY OF RECOMMENDATIONS REQUIRING COUNCIL ADOPTION

There are three recommendations that should be noted by Council:

13/15 THAT the minutes of the Access Committee meeting held on 20 April 2015 be confirmed as a true and accurate record of the meeting.

14/15 THAT the information provided on previous recommendations: 1/15, 2/15, 3/15 and 4/15, is noted and THAT motion 4/15 from the previous minutes is withdrawn.

15/15 THAT the Access Committee submit their comments (as recorded) in relation to the upgrades in Corbett Gardens, Bowral.

There are nine recommendations that should be referred to relevant council officers for further investigation and determination:

17/15 THAT the committee supports information on all assistance dogs be made available to restaurants as part of the food audit process and that staff consider providing that information to all retail establishments.

18/15 THAT staff investigates the promoting of Ability Links through the Wingecarribee Today and that Ability Links are invited to have a delegate on the committee.

19/15 THAT staff visits the Biota restaurant to confirm the compliance of their bathroom facilities in regards to access.

20/15 THAT the Moss Vale Aquatic Centre committee and staff investigate whether a fold down seat can be installed away from the shower in each of the accessible bathrooms.

21/15 THAT Assets staff examines the provision of a kerb ramp at the front of the disabled parking spaces in the Elizabeth Street car park so as to allow direct access to the footpath.

22/15 THAT staff investigates access from the drop off zone outside Bradman Museum in relation to improving access.



COMMITTEE REPORTS

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23/15 THAT compliance staff investigate the repainting of the disabled parking identification on the private parking at the rear of the old Moss Vale picture theatre arcade.

24/15 THAT staff investigates the provision of kerb ramps on both sides at the head of Clarence Street where it intersects with Valetta Street in Moss Vale.

25/15 THAT the Manager Tourism and Events, Steve Rosa provides information to the committee on the compliance and accessibility of the Visitor Information Centre front entrance in the forthcoming renovations and whether the doors will be motorised and that such information be circulated to the committee as soon as possible.

Finally, there is one recommendation that has budgetary implications and so requires consideration by the Finance Committee prior to Council adoption:

16/15 THAT the committee request an update on the progress of the external lift at the Saleyards and funding thereof.

RECOMMENDATION THAT recommendations Nos AC 13/15 to AC 25/15 – as detailed in the Minutes of the Access Committee Meeting held on Monday 15 June 2015 be dealt with as follows: (a) AC 13/15, AC 14/15 and AC 15/15 be adopted by Council. (b) AC 16/15 be delayed pending consideration by the Finance Committee. (c) AC 17/15, AC 18/15, AC 19/15, AC 20/15, AC 21/15, AC 22/15, AC 23/15, AC 24/15

and AC 25/15 be delayed pending further investigation and determination by relevant Council officers.

ATTACHMENTS

1. Minutes of the Access Committee of Monday, 15 June 2015


18.2 Access Committee Minutes 15 June 2015 ATTACHMENT 1 Minutes of the Access Committee of Monday, 15

June 2015

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June 2015

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June 2015

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NOTICES OF MOTION

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20 NOTICES OF MOTION

20.1 Notice of Motion 36/2015 - Presentation by Southern Highlands Coal Action Group

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


PURPOSE Councillor Larry Whipper has given notice that it is his intention to move the following motion at the Ordinary Meeting of Council on 12 August 2015: 1. THAT Council invite the Southern Highlands Coal Action Group (SHCAG) to

make a public presentation to Council and the Community in response to Posco’s (Hume Coal’s) preliminary Mine Plans.

2. THAT the Council Meeting on Wednesday, 26 August 2015 commence at 3.00

pm to allow the presentation to start at 3.00 pm and finish at 3.30 pm including 10 minutes for questions from Councillors.

3. THAT Hume Coal be sent an invitation to attend the presentation by SHCAG as

well.

RECOMMENDATION

Submitted for determination.

BACKGROUND

In light of the fact that Hume Coal (Posco) met with Council recently in an information session which was closed to the public, I wish to request of Council that they invite the Southern Highlands Coal Action Group (SHCAG) to address an open public forum at the commencement of our Council Meeting of Wednesday, 26 August 2015. The meeting would be open to the public and completely transparent. It would allow SHCAG to make a public response to Hume Coal’s “experimental” mine plan for the Wingecarribee Shire. The presentation would also allow a question and answer opportunity for Councillors. This would also be to the benefit of those members of the gallery as well. You will note that an invitation would also be sent for Hume Coal to attend the presentation so they could be informed as well.



CLOSED COUNCIL

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22. CLOSED COUNCIL

MOVING INTO CLOSED SESSION

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

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

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

Section 10B

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

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

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

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

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

b. are clearly identified in the advice, and

d. are fully discussed in that advice.

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

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

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

b. the discussion of the matter may:

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

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

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

Director General’s Guidelines

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



CLOSED COUNCIL

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REPRESENTATIONS FROM THE PUBLIC At this juncture, the Mayor will offer the opportunity to members of the public to make representations to Council as to whether any items of the Closed Council should not be considered in Closed Council.

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 RFT 6330/15.3 Lighting Upgrade Moss Vale Civic Centre

Brief description The purpose of this report is to present Tenders that were received in response to RFQ 6330/15.3 Lighting Upgrade at Moss Vale Civic Centre. Relevant Legal Provisions This report is referred to Closed Committee in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)d(ii) as it contains information that would, if disclosed, confer a commercial advantage on a competitor of the council and the Council considers that it would be on balance contrary to the public interest to consider this information in Open Council. The approval of the Council in sought in accordance with Section 55 of the Local Government Act 1993 and Section 178 of the Local Government (General) Regulation 2005 Section 178(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 be the most advantageous, or (b) Decline to accept any of the tenders”. Recommendations are presented regarding the preferred tenderers.

22.2 Staff Matter

Brief description Reporting on the General Manager Performance Review Committee annual assessment of the General Manager’s performance for the year ended 30 June 2015. 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)(a) as it contains personnel matters concerning particular individuals (other than councillors) and the Council considers that it would be on balance contrary to the public interest to consider this information in Open Council.



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

Council’s resolution) be made public.

Ann Prendergast General Manager Friday 7 August 2015

agenda of ordinary meeting of council - 12 august 2015 · 8/12/2015 · applicant: allman johnston...

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