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TRANSCRIPT
WEEKLY CIRCULAR ISSUE NO: 41
ISSUE DATE: 17 October 2016
2016
Wingecarribee Shire Council Weekly Circular, 17 October 2016 Page 2 of 23
CONTENTS
1 LIST OF 355 MANAGEMENT COMMITTEE MEETINGS Page 3
2 SALE - LOT 1 OLD HUME HIGHWAY BRAEMAR Page 4
3 s.96 MODIFICATION APPLICATION LUA04/0411.04 – LOT 2 DP 533191 LOT 1 DP240418 AND LOT 10 DP617922 1 – 3 HURLINGHAM AVENUE, BURRADOO DEVELOPMENT
Page 5
4 DEVELOPMENT APPLICATION 16/0849 SEEKS DEVELOPMENT CONSENT FOR FOUR LONG TABLE LUNCH EVENTS, BEING ONE LUNCH PER SEASON (WINTER, SPRING, SUMMER, AUTUMN), SEATING 30 PEOPLE, AT 4 MINNOWS DRIVE , BOWRAL
Page 7
5 s.96 MODIFICATION TO DEVELOPMENT CONSENT 15/0790 – 22 – 24 ERITH STREET, BUNDANOON
Page 10
6 DEVELOPMENT APPLICATION 16/0745 - YARRANGA STREET ROBERTSON
Page 13
7 SIX LOT SUBDIVISION - 1 CARDIGAN STREET, BALACLAVA Page 15
8 MASTERPLAN APPLICATION FOR A FUNCTION CENTRE, TOURIST ACCOMMODATION AND VISITOR CENTRE
Page 18
9 ACQUISITION FROM THE CROWN, EASEMENTS FOR WATER SUPPLY AT MT GIBRALTAR
Page 23
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Wingecarribee Shire Council Weekly Circular, 17 October 2016 Page 3 of 23
All Councillors are invited to attend the Annual General Meetings of the Management Committees – Highlighted in Bold
Moss Vale Community Centre Management Committee
Monday 17 October 2016
1.00pm Moss Vale community Centre
Hampden Park Management Committee
Tuesday 18 October 2016
5.00pm Robertson Bowling club
Mittagong Memorial Hall Management Committee
Thursday 3 November 2016
7.00pm Mittagong Memorial Hall
Loseby Park Management Committee
Friday 4 November 2016
9.30am Loseby Park Hall
Exeter Park Management Committee
Monday 7 November 2016
6.30pm Exeter Hall
Yerrinbool Community Hall Management Committee
Monday 7 November 2016
7.30pm Yerrinbool Hall
Aboriginal Community & Cultural Centre Management Committee
Tuesday 8 November 2016
1.00pm Aboriginal Community Centre
Robertson Community Centre Management Committee
Wednesday 9 November 2016
1.30pm Robertson Community Centre
Mittagong Memorial Hall Management Committee
Tuesday 6 December 2016
7.00pm Mittagong Memorial Hall
Mittagong Memorial Hall Management Committee
Thursday 5 January 2016
7.00pm Mittagong Memorial Hall
COUNCIL WEEKLY CIRCULAR
ITEM NO: 1
SUBJECT: LIST OF 355 MANAGEMENT COMMITTEE MEETINGS
CONTACT NAME: Lynne Morrison, 355 Committee Coordinator
FILE NUMBER: Various
Wingecarribee Shire Council Weekly Circular, 17 October 2016 Page 4 of 23
COUNCIL WEEKLY CIRCULAR
ITEM NO: 2
SUBJECT: SALE - LOT 1 OLD HUME HIGHWAY BRAEMAR
CONTACT NAME: Sharon Hauptberger, Senior Property Officer
FILE NUMBER: PN1776710
On Wednesday 11 May 2016 Council resolved to market this vacant Operational Land for sale. On Friday 6 October 2016 the Contract for Sale of Land was exchanged, with the sale price negotiated at $290,000. Settlement is conditional upon the purchaser obtaining development consent to construct a dwelling.
Wingecarribee Shire Council Weekly Circular, 17 October 2016 Page 5 of 23
COUNCIL WEEKLY CIRCULAR
ITEM NO: 3
SUBJECT: s.96 MODIFICATION APPLICATION LUA04/0411.04 –
LOT 2 DP 533191 LOT 1 DP240418 AND LOT 10 DP617922
1 – 3 HURLINGHAM AVENUE, BURRADOO
CONTACT NAME: Nick Wilton, Group Manager Planning Development & Regulatory Services
FILE NUMBER DA 04/0411.04
S.96(2) modification application LUA04/0411.04, seeks consent to modify an approved 10 dwelling Seniors Living development to become a 12 dwelling Seniors Living development at 1 – 3 Hurlingham Avenue, Burradoo. As the original application was determined by full Council, S.96(2) modification application LUA04/0411.04 will also be determined by full Council. The site is zoned R5 Large Lot Residential under the WLEP 2010. With the commencement of the LEP in June 2010, Seniors Housing became a prohibited use within the R5 Large Lot Residential zone, however Seniors Housing was permissible at the site, in accordance with the provisions of the Seniors Housing SEPP, when DA 04/0411 was granted consent in 2005. The subject site, Lot 1 DP240418 and Lot 10 DP617922 1 – 3 Hurlingham Avenue, Burradoo is located on the western side of Moss Vale Road, Burradoo, approximately 40 metres to the south of the Moss Vale Road / Riversdale Avenue intersection, opposite Chevalier College.
Wingecarribee Shire Council Weekly Circular, 17 October 2016 Page 6 of 23
History Development Consent DA 04/0411 granted approval for a 10 Dwelling Seniors Living development with Strata Title at the subject property in 2005. Council considered the development application at its meeting of 1 December 2004. The report to Council summarised the 22 submissions objecting to the proposed development. The approved development included the retention and conversion of the existing dwelling upon 1 Hurlingham Avenue to a Seniors Living Dwelling, the demolition of the existing dwelling upon 3 Hurlingham Avenue, and the erection of nine new Seniors Living dwellings across the 7,403m2 site. Council has acknowledged that the 10 Dwelling Seniors Living Development with Strata Title approved in 2005 has been physically commenced, as advised to the owners in February 2010: “…. it is accepted that the 50 metre length of landscape works undertaken along the eastern boundary and portion of the southern boundary, including additional boundary hedge plantings, is consistent with the approved landscape plan Landscape Plan DA 15D dated 11/01/05 prepared by Coble Stephens Architects as marked in orange 3 February 2010, and therefore comprises physical commencement of the Development Consent 04/0411”. s.96(2) modification application DA 04/0411.04 The changes to the approved development proposed by s.96(2) modification application include the following:
Increase in total dwelling numbers from 10 to 12 dwellings (being a 4 bedroom increase from 30 approved bedrooms to 34 bedrooms). Approved dwellings 3 and 9 are proposed to be enlarged and divided to accommodate the additional two 2 bedroom dwellings;
Add two 1 metre high x 2.4 metre width stone front entry gate walls to Hurlingham Avenue;
Extension of the existing Moss Vale Road fence height by approximately 0.5m;
Staging of the development proposal, including staging the approved strata subdivision of the development;
Building footprint, façade and internal room layout changes, including updating all house designs to incorporate current Seniors SEPP requirements for access and new spatial requirements for the latest AS1428.1 Design for Access and Mobility
Amendments to front building line setbacks Zoning The site is zoned R5 Large Lot Residential under the LEP. With the commencement of the LEP in June 2010, Seniors Housing became a prohibited use within the R5 Large Lot Residential zone, however Seniors Housing was permissible at the site, in accordance with the provisions of the Seniors Housing SEPP, when DA 04/0411 was granted consent in 2005. While Council must have regard to the objectives of the R5 Large Lot Residential zone in the assessment of DA04/0411.03, it is acknowledged that DA04/0411 has not lapsed and remains a valid consent.
Wingecarribee Shire Council Weekly Circular, 17 October 2016 Page 7 of 23
Site Layout The proposed site layout is shown below.
S.96(2) modification application DA04/0411.04 is currently being advertised and neighbour notified to surrounding properties, and to those who made a submission on the previous s.96(2) modification application (DA04/0411.03). The current modification application being considered has been referred to Rural Fire Service for their concurrence. S.96(2) modification application DA04/0411.04 will be assessed in accordance with s.79C of the EPA Act 1979, and a report prepared so that the application will be determined by full Council. An earlier similar s.96 modification application was determined by Council by way of refusal at its meeting of 13 July 2016.
Wingecarribee Shire Council Weekly Circular, 17 October 2016 Page 8 of 23
COUNCIL WEEKLY CIRCULAR
ITEM NO: 4
SUBJECT: DEVELOPMENT APPLICATION 16/0849 SEEKS DEVELOPMENT
CONSENT FOR FOUR LONG TABLE LUNCH EVENTS, BEING ONE
LUNCH PER SEASON (WINTER, SPRING, SUMMER, AUTUMN),
SEATING 30 PEOPLE, AT 4 MINNOWS DRIVE , BOWRAL
CONTACT NAME: Nick Wilton, Group Manager Planning Development and Regulatory Services
FILE NUMBER 16/0849
Development Application 16/0849 seeks development consent for Four Long Table Lunch events, being one lunch per season (Winter, Spring, Summer, Autumn), seating 30 people at 4 Minnows Drive, Bowral. The Development Application can be considered as a permissible use by virtue of Clause 2.8 Temporary use of land – under the Wingecarribee Local Environmental Plan 2010. 4 Minnows Drive, Bowral is located on the northern side of Minnows Drive, approximately 1 kilometre to the south of the Oxleys Hill Road / Minnows Drive intersection. The site is 2 hectares in area, and contains a dwelling and established gardens. The site is zoned E3 Environmental Management under Wingecarribee Local Environmental Plan 2010. The proposed temporary use of land for Four Long Table Lunch events, being one lunch per season (Winter, Spring, Summer, Autumn), seating 30 people comprises:
A total of four lunch events within the western paddock area on site
Lunch events from 12 midday to 4pm
On site parking for 12 + cars
Effluent disposal via portable toilet facilities The proposal has been referred Rural Fire Service and Water NSW (Sydney Catchment Authority). Rural Fire Service raise no issue with the proposed development. Water NSW raise no objection subject to conditions of consent addressing wastewater management and rubbish and waste collection. The Development Application was neighbour notified to surrounding properties. Two submissions have been received. The proposed location of the Long Table event area in the western portion of the site is shown below.
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The application will be determined under delegated authority unless a Councillor requests that the Development Application be presented to full Council for determination.
Wingecarribee Shire Council Weekly Circular, 17 October 2016 Page 10 of 23
COUNCIL WEEKLY CIRCULAR
ITEM NO: 5
SUBJECT: s.96 MODIFICATION TO DEVELOPMENT CONSENT 15/0790 –
22 – 24 ERITH STREET, BUNDANOON
CONTACT NAME: Nick Wilton, Group Manager Planning Development and Regulatory Services
FILE NUMBER 15/0790.04
Development Consent 15/0790 granted approval for the demolition of the existing Bundanoon Medical Centre, retention and enlargement of existing car park area to accommodate 17 vehicles, and the conversion and additions to adjoining dwelling to create a new Medical Centre at 22 – 24 Erith Street Bundanoon. S.96 modification application 15/0790.04 is permissible within B2 Local Centre zone under Wingecarribee Local Environmental Plan 2010. 22 – 24 Erith Street Bundanoon is located on the northern side of Erith Street to the east of the Erith Street / Ellsmore Road intersection. The site is zoned B2 Local Centre, and is within the Bundanoon Heritage Conservation area under Wingecarribee Local Environmental Plan 2010. Council’s Heritage Adviser supported the approved development, including demolition of the existing 1970’s medical centre building, as the existing building does not contribute to the Bundanoon Heritage Conservation Area. The Erith Street (south) elevation and eastern elevation as shown on the approved plans is shown below.
Wingecarribee Shire Council Weekly Circular, 17 October 2016 Page 11 of 23
S.96 modification application 15/0790.04 sought approval to modify the development consent for the approved medical centre, to modify the north western portion of the building to create a 30mm setback to the western boundary (adjoining Lot 11 DP 556018), with a parapet wall, box gutter and no eaves to ensure roof water is not directed to adjoining properties.
Wingecarribee Shire Council Weekly Circular, 17 October 2016 Page 12 of 23
As the site and the adjoining western site are both zoned B2 Local Centre, no minimum side setback requirement is set under Bundanoon Town Plan DCP. The proposed 30mm setback is not inconsistent with other business developments in the B2 Local Centre zone. S.96 modification application 15/0790.04 was notified to surrounding properties. Two submissions were received, raising concerns regarding stormwater, and building works occurring prior to modifications being applied to Council. The modification to create a 30mm setback to the western boundary (adjoining Lot 11 DP 556018), with a parapet wall, box gutter and no eaves, ensures roof water is not directed to adjoining properties. Due to the minor nature of the application, the modification 15/0790.04 has been determined under delegated authority by way of approval.
Wingecarribee Shire Council Weekly Circular, 17 October 2016 Page 13 of 23
COUNCIL WEEKLY CIRCULAR
ITEM NO: 6
SUBJECT: DEVELOPMENT APPLICATION 16/0745 - YARRANGA STREET
ROBERTSON
CONTACT NAME: Nick Wilton, Group Manager Planning Development and Regulatory Services
FILE NUMBER 16/0745
Development Application 16/0745 seeks development consent for a Community Operated Indoor Pool and Gym Facility the Robertson Bowling Club site, Yarranga Street Robertson. The proposal is permissible with consent within the B2 Local Centre zone under Wingecarribee Local Environmental Plan 2010, subject to the consent of Council. Robertson Bowling Club site, Yarranga Street Robertson is located on the eastern side of Yarranga Street to the south of the Yarranga Street / Hoddle Street intersection. The site is zoned B2 Local Centre, and is to the north of the Robertson Railway Station item of heritage listed under Wingecarribee Local Environmental Plan 2010.
Wingecarribee Shire Council Weekly Circular, 17 October 2016 Page 14 of 23
The proposed community operated Indoor Pool and Gym Facility comprises a building to house a 25 metre four lane pool, gym area, play area, plant room and change rooms. The proposed building is 700 square metres in area, 6 metres in height, with external materials comprising concrete wall panels for the lower portion of the building, and colorbond wall cladding and roofing for the majority of the building. The proposed building is approximately 6 metres in height, therefore a Clause 4.6 Request for Variation to the 5 metre height limit has been submitted with the application. The south elevation of the proposed building is shown below.
Existing car parking on the Robertson Bowling Club site is proposed to be used, and one additional car parking space is proposed. The Development Application has been neighbour notified to surrounding properties, with two submissions received. The Development Application has also been referred to Water NSW in accordance with the provisions of State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011. The application is currently being assessed in accordance with s.79C of the Environmental Planning and Assessment Act 1979. Development Application 16/0745 will be determined under delegated authority, unless a Councillor requests that the application be presented to full Council for determination.
Wingecarribee Shire Council Weekly Circular, 17 October 2016 Page 15 of 23
COUNCIL WEEKLY CIRCULAR
ITEM NO: 7
SUBJECT: SIX LOT SUBDIVISION, 1 CARDIGAN STREET, BALACLAVA
CONTACT NAME: Nick Wilton, Group Manager Planning Development and Regulatory Services
FILE NUMBER: 16/0814
The purpose of this weekly circular is to inform Councillors of a development application for subdivision of land creating six new lots at 1 Cardigan Street Balaclava. On 1 September 2016, a development application for a six lot subdivision at 1 Cardigan Street Balaclava, was lodged with Council. The site (Lot 5 Section 10 DP 841) has an area of 6547 square metres with an existing dwelling and ancillary structures situated thereon. (Figures 1, 2 and 3). The site is zoned R2 Low Density Residential and subdivision is permissible with the development consent of the Council. The proposal is also consistent with the aims and objectives of the zone.
The application is supported by a Statement of Environmental Effect outlining the general nature of the proposed subdivision and addressing the planning instrument and prevailing development control plan.
The application was notified to adjoining and adjacent landowners and internal referral to Council’s Development Engineer has been completed. The notification period concluded 30/09/2016 and there were no submissions received. Referral of the application to the Rural Fire Service and Water NSW was also made and both agencies have responded with their respective comments. The application is expected to be determined under delegated authority on or before 21 October 2016, unless it is requested by a Councillor that the application be determined by full Council. More details regarding the application can be found on Council’s DA-Tracker at www.wsc.nsw.gov.au/da-tracker. Should you require any further information, please contact Nick Wilton, Group Manager Planning, Development and Regulatory via email at [email protected]
Wingecarribee Shire Council Weekly Circular, 17 October 2016 Page 16 of 23
Figure 1 – SITE LOCATION
Figure 2 – IMAGE
Wingecarribee Shire Council Weekly Circular, 17 October 2016 Page 17 of 23
Figure 3 – PROPOSAL
Wingecarribee Shire Council Weekly Circular, 17 October 2016 Page 18 of 23
COUNCIL WEEKLY CIRCULAR
ITEM NO: 8
SUBJECT: MASTERPLAN APPLICATION FOR A FUNCTION CENTRE,
TOURIST ACCOMMODATION AND VISITOR CENTRE
CONTACT NAME: Nick Wilton - Group Manager Planning, Development and Regulatory Services
FILE NUMBER: 16/0805
The purpose of this weekly circular is to inform Councillors of a section 83B Masterplan development application at 1760 Joadja Road, Joadja. Site Description and Historical Background The site is located at Joadja, approximately 20km north-west of Bowral. A location and image plan can be found at Attachments 1 & 2. The site is approximately 290ha in size, being the majority of the Joadja Creek valley and historic town area. Access to the site is via Joadja Road, and there is an existing whiskey distillery upon the site currently in operation. The site is not connected to a reticulated water or sewer system. In the late 1800s, Joadja was a thriving town based on the mining of shale for the production of paraffin wax, kerosene, lubricating oils and other by-products. The town was home to more than 1200 people, and included residences, a school, a school of arts, a post office, cemetery, mining structures, and a large orchard planted with 6700 fruit trees. Joadja now consists of a number of locally listed items of environmental heritage and is within the Joadja Heritage Conservation Area. Proposed Development On 31 August 2016, Council received a Masterplan application for a function centre, tourist accommodation, visitor centre, bond store, information / education facility, ancillary and upgrading works at 1760 Joadja Road, Joadja. Plans of the proposed development can be found at Attachment 3. The application is conceptual and would consist of the following: The main operations proposed are:
guided and self-guided heritage and nature tours, including nocturnal tours;
an operating distillery/brewery, including guided tours and an on-premises bar;
a licensed kiosk/restaurant;
hosting of functions such as weddings, exhibitions and corporate events; and
tourist accommodation, including camping and cabins. Development required to enable these operations would involve the following:
replacement of the existing visitor centre and kiosk with a new 440sqm combined function centre, restaurant and visitor information centre. The function centre would cater for up to 200 seated guests, and an additional 100 persons not associated with the function, who may be accessing the kiosk and staying in cabins or camping areas;
establishment of designated level lawn areas suitable for erection of temporary function marquees;
Wingecarribee Shire Council Weekly Circular, 17 October 2016 Page 19 of 23
construction of 12 single bedroom cabins for temporary accommodation in the main development precinct near to the new function centre, and a further 6 duplex cabins providing 12 single bedroom units located west of the existing distillery/brewery;
a proposed Bond Store measuring 30m x 12m to replace the old shed which is 22m x 6.5m. The proponent requires the length and width (and height) to be able to operate a reasonable forklift. The Bond Store is another term for a federally controlled store for the purposes of holding stock where excise is payable prior to releasing goods (such as spirits, etc.). The current distillery building has a very small "store area" and it is anticipated this will be full of maturing whisky, brandy, rum, etc. within the next 12 months or so. Remember that whisky needs to be "under barrel" or maturing in used oak barrels for 2 years at the very least before it can be called "whisky" and the larger barrels will take at least 4 years to mature.
adaptive re-use of the Joadja School House to create an accommodation facility providing three to four bedrooms suitable for family accommodation bookings, or long term stay visitors;
adaptive re-use of selected building ruins as places for special ceremonies such as weddings;
establishment of formal camping areas;
modification and landscaping of car-parking areas. Permissibility
The site is zoned E3 Environmental Management under the Wingecarribee Local Environmental Plan 2010. Unfortunately not all of the proposed development by definition as applied for, are permissible within the zone. That said, the operational aspect as described by the application lends itself to a redefinition of activities, to include but not be limited to eco-tourist facility; environmental facility; farm stay accommodation; that may render the proposal permissible. Discussion with the proponent and the consultant associated with the development will need to be pursued for refinement to align with the general objectives of the zone.
1 Objectives of zone
• To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.
• To provide for a limited range of development that does not have an adverse effect on those values.
• To encourage the retention of the remaining evidence of significant historic and social values expressed in existing landscape and land use patterns.
• To minimise the proliferation of buildings and other structures in these sensitive landscape areas.
• To provide for a restricted range of development and land use activities that provide for rural settlement, sustainable agriculture, other types of economic and employment development, recreation and community amenity in identified drinking water catchment areas.
• To protect significant agricultural resources (soil, water and vegetation) in recognition of their value to Wingecarribee’s longer term economic sustainability.
Wingecarribee Shire Council Weekly Circular, 17 October 2016 Page 20 of 23
The site is identified as an archaeological site under Schedule 5 ENVIRONMENTAL
HERITAGE Part 3 Archaeological sites of Wingecarribee Local Environmental Plan 2010
Joadja Joadja Refinery
Joadja Road Lot 11, DP 858859
State A384
Joadja Joadja Village Joadja Road Lot 11, DP 858859
State A205
Assessment Timeline The application was neighbour notified on 14 September 2016 for a period ending 14 October 2016. Several submissions have been made. Issues raised will be considered in the assessment and determination process. The application was referred 13 September 2016 to the Office of Environment and Heritage for integrated approval seeking general terms of approval. Referral to the Rural Fire Service and Water NSW was undertaken 13 September 2016 been undertaken. Water NSW have been in contact and are preparing a concurrence response in respect of the proposal being able to meet the requirements of NorBE. The application has been internally referred to Council’s Development Engineer and Accredited Certifiers for consideration. Response from the Accredited Certifiers indicates that additional information will be required including an Access and BCA report prior to assessment of components as development progresses. No response from Council’s Development Engineer has been received to date as site inspection and investigation is required with respect to the potential increased traffic which it is anticipated will require a substantial road upgrading for a considerable distance to service the proposal. Presently the application is deferred pending the resolution of consultation with the applicant the submission of additional information and the expiry of the integrated referral periods with responses from RFS Water NSW and the Office of Environment and Heritage. It is intended for the application to be determined under delegated authority, unless it is requested by a Councillor that the application be determined by full Council. More details regarding the application can be found on Council’s DA-Tracker at www.wsc.nsw.gov.au/da-tracker. Should you require any further information, please contact Nick Wilton Group Manager Planning Development and Regulatory via email on [email protected]
Wingecarribee Shire Council Weekly Circular, 17 October 2016 Page 21 of 23
ATTACHMENT 1 – SITE LOCATION
ATTACHMENT 2 – IMAGE
Wingecarribee Shire Council Weekly Circular, 17 October 2016 Page 22 of 23
ATTACHMENT 3 – MASTERPLAN
Wingecarribee Shire Council Weekly Circular, 17 October 2016 Page 23 of 23
COUNCIL WEEKLY CIRCULAR
ITEM NO: 9
SUBJECT: ACQUISITION FROM THE CROWN,
EASEMENTS FOR WATER SUPPLY AT MT GIBRALTAR
CONTACT NAME: Sharon Hauptberger, Senior Property Officer
FILE NUMBER: PN1785870
On Wednesday 10 February 2016 Council resolved to compulsorily acquire easements for water supply over Crown Land at Mt Gibraltar. (MN 7/16).
On 23 May 2016, Council received written notification from NSW Department of Primary Industries that Aboriginal Land Claims have been lodged (as at 3 September 2010) over the northern section of Mt Gibraltar reserve, which is Crown Land. The section of the Mt Gibraltar reserve is under WSC trust management. Council made a submission by way of response in July 2016. Receipt of the submission has been acknowledged.
As at today’s date, Council is awaiting an update on the status of the claim by the Aboriginal Land Claims Investigation Unit of DPI.
Until the claim is finalised, the acquisition by Council of the easements from the Crown cannot be finalised.