Agenda of Ordinary Meeting - Monday, 12 September 2022

Ordinary Meeting

Meeting Date: Monday, 12 September, 2022

Location: Council Chambers, City Administrative Building, Bridge Road, Nowra

Time: 5.30pm

Membership (Quorum - 7)

All Councillors

Please note: The proceedings of this meeting (including presentations, deputations and debate) will be webcast and may be recorded and broadcast under the provisions of the Code of Meeting Practice. Your attendance at this meeting is taken as consent to the possibility that your image and/or voice may be recorded and broadcast to the public.

Shoalhaven City Council live streams it’s Ordinary Council Meetings and Extra Ordinary Meetings. These can be viewed at the following link

https://www.shoalhaven.nsw.gov.au/Council/Meetings/Stream-a-Council-Meeting.

Statement of Ethical Obligations

The Mayor and Councillors are reminded that they remain bound by the Oath/Affirmation of Office made at the start of the council term to undertake their civic duties in the best interests of the people of Shoalhaven City and to faithfully and impartially carry out the functions, powers, authorities and discretions vested in them under the Local Government Act or any other Act, to the best of their skill and judgement.

The Mayor and Councillors are also reminded of the requirement for disclosure of conflicts of interest in relation to items listed for consideration on the Agenda or which are considered at this meeting in accordance with the Code of Conduct and Code of Meeting Practice.

Agenda

1. Acknowledgement of Country

2. Moment of Silence and Reflection

3. Australian National Anthem

4. Apologies / Leave of Absence

5. Confirmation of Minutes

· Ordinary Meeting - 22 August 2022

6. Declarations of Interest

7. Presentation of Petitions

8. Mayoral Minute

Mayoral Minute

MM22.17..... Mayoral Minute - Development of a Shoalhaven Affordable Housing Fund & Other Measures to Increase Housing Availability in Shoalhaven............................ 1

MM22.18..... Mayoral Minute - Aboriginal Knockout Venue Hire Costs.............................. 4

9. Deputations and Presentations

10. Call Over of the Business Paper

11. A Committee of the Whole (if necessary)

12. Committee Reports

CL22.383..... Report of the Shoalhaven Heads Estuary Taskforce - 19 July 2022............. 6

SH22.8........ Shoalhaven Heads Estuary Taskforce (SHET) - Terms of Reference

CL22.384..... Report of the Aboriginal Advisory Committee - 26 July 2022...................... 13

AA22.18...... Additional Item - Consideration of Dedicated Aboriginal Member on all Council Advisory Committees

CL22.385..... Report of the Shoalhaven City Mayors Relief Fund - 16 August 2022........ 14

MR22.2....... Mayors Relief Fund Policy

CL22.386..... Report of the Shoalhaven Arts Board - 17 August 2022............................. 20

AB22.36...... Council Policy Revisions - South Coast Cooperative Libraries Collection Development Policy

AB22.40...... Management of the Dingle Hughes Bequest - Acquisitions and Archives

13. Reports

City Performance

CL22.387..... Draft Community Strategic Plan - Shoalhaven 2032................................... 21

CL22.388..... Ongoing Register of Pecuniary Interest Returns - August 2022................. 24

City Futures

CL22.389..... Response to Council Motion - LGNSW Special Conference - Impact of Holiday Homes........................................................................................................... 26

CL22.390..... Planning for Growth in the Milton-Ulladulla Area......................................... 30

CL22.391..... Medium Density Housing Review – Shoalhaven DCP 2014....................... 49

CL22.392..... Proposed Submission - NSW Coastal Design Guildelines: Draft Update... 57

CL22.393..... Exhibition Outcomes and Proposed Finalisation - Planning Proposal - 268A Beach Road, Berry - LEP Minimum Lot Size Amendment...................................... 64

CL22.394..... Exhibition Outcomes and Finalisation -
Planning Proposal (PP005) - 'Deferred' Land at Warrah Road, Bangalee.. 72

CL22.395..... Proposed Planning Proposal - 2022 Housekeeping Amendment - Shoalhaven Local Environmental Plan 2014 (PP058)............................................................... 92

City Services

CL22.396..... Transfer of Crown Road to Council - Part Bunkers Hill Road, Barrengarry 95

CL22.397..... Parkcare Action Plans - Casuarina & Honeysuckle / Kings Point............... 98

City Development

CL22.398..... Fire Safety Recommendation - Fire Rescue NSWFSS649 - 10 Central Avenue, South Nowra.......................................................................................................... 112

CL22.399..... Development Application – RA21/1001 – 17 Norfolk Avenue, South Nowra – Lot 116 DP 1122371................................................................................................ 138

City Lifestyles

CL22.400..... Acceptance of Grant Funding - Multi-Sport Community Facility Fund - Boongaree, Berry and Ulladulla Skate Park, Ulladulla.................................................. 148

CL22.401..... Acceptance of Grant Funding - Children and Young People Wellbeing Recovery Initiative - Resilient Minds, Empowered Youth.......................................... 152

CL22.402..... Boongaree - Additional Vehicle Parking Proposal - Consultation Outcomes and Proposed Way Forward.............................................................................. 155

Shoalhaven Water

CL22.403..... Grant of Electricity Easements for Pad Mount Substations and Restrictions on the Use of Land to Endeavour Energy - Lot A DP 420566, Lot 262 DP 794245 & Lot 21 DP 1284124................................................................................................ 164

CL22.404..... Compulsory Acquisition of Water Easement - Lot 203 DP 883494 - 14 Reservoir Lane Cambewarra............................................................................................... 169

14. Notices of Motion / Questions on Notice

Notices of Motion / Questions on Notice

CL22.405..... Notice of Motion - Bus Zone Review - Bolton and Erina Roads Huskisson 173

CL22.406..... Notice of Motion - Bay and Basin Boxing Club - Identification of a Site for Building.................................................................................................................... 174

CL22.407..... Notice of Motion - Shoalhaven Bushfire Management Plan Audit and Review 176

CL22.408..... Notice of Motion - Call in DA22/1524 - 6 Dune Cres, Manyana - Lot 123 DP 1248050 - Dual Occupancy & Torrens Title Subdivision............................................ 177

CL22.409..... Notice of Motion - Shoalhaven Animal Welfare and Protection Advisory Group 178

CL22.410..... Notice of Motion - Call in - Subdivision at 31 Porter Ct Milton – SF10958 180

15. Confidential Reports

Nil

Ordinary Meeting – Monday 12 September 2022

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MM22.17 Mayoral Minute - Development of a Shoalhaven Affordable Housing Fund & Other Measures to Increase Housing Availability in Shoalhaven

HPERM Ref: D22/329689

Attachments: 1. The Rental Crisis: 2022 (councillors information folder) ⇨

Recommendation

That Council:

1. Receives a report from staff in a timely manner on potential proactive actions that can be taken to influence the availability of existing housing and increase the amount of affordable housing available in Shoalhaven, that specifically considers the following opportunities/potential Council actions:

a. Special rate variation (SRV) to create an affordable housing fund.

Note: including how relevant Short Term Rental Accommodation (STRA) properties could be identified; options to create a specific rating category for STRA properties and the associated administrative process, including any legislative impediments, for the movement of relevant properties; the processes required to establish and administer the SRV; and the creation of a restricted reserve account where all funds raised through the SRV are to be used for the purpose of generating additional perpetual affordable housing in Shoalhaven.

b. Land use planning options to better manage the amount of STRA available within Shoalhaven and its use/operation.

Note: including the potential for mapping and/or other provisions in Councils Local Environmental Plan and other planning documents to prohibit, cap/limit or allow the continuation of STRA in Shoalhaven.

c. Run a campaign to reach non-resident ratepayers and STRA owners to urge them to consider renting their dwellings longer term to contribute to the local rental accommodation market and assist in the provision of additional much needed affordable housing opportunities.

Note: including all possible practical and cost-effective ways of reaching relevant owners, such as direct mail outs, and the potential associated costs.

2. Considers the potential impact of any actions that are ultimately pursued in this regard on the visitor economy of the City (including research if necessary) and achieve a supportable balanced outcome, if possible, for the future.

Details

During my time as Mayor of Shoalhaven City, I have tirelessly pushed and advocated for increased social and affordable housing for our City. I have had numerous discussions with many Ministers, all of whom nod their heads in agreement about how we can alleviate the housing issue on many levels, however getting real action in a timely manner has been extremely difficult to achieve.

I know that the broader community, Councillors, Council staff and community organisations are deeply concerned about the homelessness situation here in Shoalhaven, a concern which is reflected in our Community Strategic Plan where homelessness and the need for affordable housing is an important issue in the resilient, safe and inclusive communities’ theme.

People keep asking what can be done? Council has an Affordable Housing Strategy and is working on its actions, has established the Shoalhaven Homelessness Taskforce and many other organisations and groups are doing what they can.

In tackling the shortage of affordable housing, the best win has been the unanimously supported development of Council purchased land in Coomea Street, Bomaderry, where Council took the direct action to purchase several blocks and amalgamated them with existing ones for the express purpose of facilitating an ‘exemplar’ affordable housing development with Southern Cross Housing. The Council property purchases were funded through the general fund.

However, to date, except for the Bomaderry project, there are few visible signs of broader progress given the enormity of the issue. The situation is getting worse by the day. It is time to explore some potentially fundamental reforms, that will help those who are currently homeless, those facing the threat of homelessness and the flow on affect and impact the shortage of affordable housing is having on our businesses and communities in Shoalhaven.

It is quite clear that the only way Council is going to be able to make a continued meaningful and direct contribution towards more affordable housing is to continue to purchase property and for this burden not to be carried by the general ratepayer, there needs to be a fairer system to distribute wealth.

The 2021 Census data proves what we already anecdotally know; that there is a substantial number of dwellings in Shoalhaven which are often empty, just over 23% were unoccupied on Census night. That is about 13,000 dwellings.

At the same time the Shoalhaven Homeless Hub reports that approximately 100 people come through its doors each week seeking support, and they are seeing around 50 new clients each month.

Empty houses have a significant impact on our communities, with some villages in ~~the~~ Shoalhaven having only 20% resident occupancy. We need to re-build connected communities as we repeatedly hear from residents that empty homes or absentee owner do not contribute to community. Empty homes block our nurses, teachers, chefs and trades people from relocating to Shoalhaven and absentee owners do not spend money in our towns and villages supporting our small businesses. The number of complaints received from business owners who cannot get employees because they cannot get housing is growing rapidly.

There are community groups doing great work in this space, SALT Assisted Housing for example have developed a program where they become the holder of a lease on behalf of a third party, and in doing so assume all the risk involved with full time tenants. They and others have been successful with such programs, but more housing stock is needed to meet the very high demand.

In pursuing a potential new rating category that has a Special Rate Variation (SRV) attached to it, Council could potentially build a fund that could be used, working with others (e.g., Community Housing Providers) to purchase vacant land, homes, or commercial land zoned for dual use with residential and create a significant and meaningful increase in perpetual affordable housing for our City.

We can continue to talk about the issue and the frustration associated with it, or we can find ways to act. To address the impact on investment property owners, we know they currently have access to tax concessions and therefore can offset any increase to their rates.

This Minute also starts to address how we can also sensibly manage the numbers and effects of holiday homes and those being used for Short Term Rental Accommodation (STRA) within the City. Could we achieve this by identifying areas that should have a focus on permanent residential use and controlling the practice in other areas through possible caps?

It is obvious that parts of our City will most likely never be returned to permanent residential use, but will remain part of the broader tourist accommodation offering that is important to the economy of our City. However, exploring the planning options that are available to achieve a better balance is an important step and as we move through consideration of what can be achieved in this regard, we also need to be cognisant of and consider the potential flow on impacts on tourism.

We know that a SRV process takes some time to prepare, I am motivated for us to get this discussion going in our community and to explore any legislative impediments as we need bold and courageous action to make a real and tangible difference for our region.

Also attached is a paper (The Rental Crisis: 2022) that has been received from a local community member on this issue.

Ordinary Meeting – Monday 12 September 2022

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CL22.387 Draft Community Strategic Plan - Shoalhaven 2032

HPERM Ref: D22/346265

Department: Corporate Performance & Reporting

Approver: Kevin Voegt, Director - City Performance

Attachments: 1. Draft Community Strategic Plan - Shoalhaven 2032 (under separate cover) ⇨

Reason for Report

The report presents the updated draft Community Strategic Plan – Shoalhaven 2032 to Council for endorsement. The report outlines the amendments that have been made to the post exhibition version presented to Council at the 27 June 2022 Ordinary Meeting.

Recommendation

That Council:

1. Endorse the Community Strategic Plan – Shoalhaven 2032 with recommended amendments.

2. Publish a copy of the endorsed Community Strategic Plan on Council’s website and provide advice to the Office of Local Government.

3. Thank the community for providing their submissions as part of the exhibition and consultation process.

Options

1. To endorse the Community Strategic Plan - Shoalhaven 2032 as presented

Implications: The updated Community Strategic Plan will be endorsed as required by legislation.

2. Not endorse the amendments as presented and resolve to make changes to the Community Strategic Plan - Shoalhaven 2032

Implications: Council would need to provide direction to staff in relation to any further amendments.

Background

Local Councils in NSW are required to undertake their planning and reporting activities in accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2021. The Act and Regulation provide guidelines for Councils to follow to ensure community involvement is central to the formation of strategic plans that drive Council’s long-term planning and day to day operations.

The Community Strategic Plan (CSP) is the community’s plan for the Shoalhaven. It has a minimum ten-year timeframe and should reflect the community’s aspirations (needs and wants) for the Shoalhaven. Council’s role in the production of the CSP is to facilitate its development and produce the document.

The CSP is not just a Council plan but a community plan and responsibility for achieving our long-term objectives rests with the collective commitment of all levels of government, businesses, industry groups, community organisations and individuals.

A report provided to Council at the Ordinary Meeting on 27 June 2022 which resulted in the following resolution:

That Council:

1. Receive for information the feedback provided by the community on the Draft Community Strategic Plan.

2. Adopt the existing Community Strategic Plan (CSP) - Shoalhaven 2027 as its interim Community Strategic Plan -Shoalhaven 2032 to allow for a further review of the Draft 2032 Plan (Attached to the report) within the next 3 months.

Following further review of community feedback and in consultation with relevant Council staff, further refinement of the draft CSP 2032 has been completed. The proposed changes primarily relate to updates to the wording for one Theme, one Key Priority, various outcome statements and progress measurement.

Further input on Council actions and activities which may be undertaken to progress against the CSP Key Priorities will be developed in future iterations of Council’s Delivery Program Operational Plan and/or supporting strategies and plans.

Summary of main amendments

The following table outlines the main amendments to the post-exhibition version of the draft CSP 2032 which was presented at the Council meeting on 27 June 2022.

CSP Reference	Detail	Background
Key Priority 1.2 –Preserve, support and develop cultural and creative vitality across our communities	New outcome statement - Greater awareness, understanding and respect of local Aboriginal and Torres Strait Islander culture, heritage and Histories New measure – Level of engagement on Council’s programs including development of the Reconciliation Action Plan (increase)	Important to reference a specific outcome to improve engagement and partnerships with our local indigenous community.
Key Priority 1.3 – Support community wellbeing through fostering active and healthy communities	New outcome statement - Improved access to places and activities for people with disability New measure - Community satisfaction with facilities and services for people living with a disability (increase)	Inclusion of accessibility to facilities and services in supporting community wellbeing.
Key Priority 2.3 – Protect the natural environment and enhance sustainability	Reinstated two environmental measures from the CSP 2027 - Community satisfaction with management of the natural environment (increase) - Community satisfaction with environmental protection and enforcement (e.g. building site inspections, illegal dumping, tree vandalism or clearing) (increase)	Recognition of the community’s input on the importance of protecting the natural environment and mitigating contribution of greenhouse gas emissions to climate change.
	New outcome statement - Biodiversity and urban green cover are enhanced New measure - Urban canopy cover on public land (%) (increase)
	Supporting outcome statement –Greenhouse gas reduction targets for Council and community are met New measure – Community’s greenhouse gas emissions (baseline to be established – decrease)
Theme 3 – Thriving local economies	Addition to theme wording - Thriving local economies that meet community needs	Economic outcomes must support and provide community benefit based on need.
Key Priority 3.1 – Strengthen and diversify the economy	Supporting outcome statement - Enhanced opportunities for a diverse sustainable economy New measure - Percentage of total jobs across the top 10 employing industries (maintain)	This measure will replace the indicator ‘Total economic impact of expenditure by all visitors to the Shoalhaven’ which is focused on a particular industry and not on the diversity of the wider economy.
Key Priority 4.2 – Provide transparent leadership through effective government and administration	New outcome statement - Provide equity of access to employment opportunities to improve the diversity of Council’s workforce New measure - Number of identified positions within Council (increase)	This measure will focus on identified positions; Council will continue implementation of initiatives in this area through the adopted Workforce Management Strategy 2022-26.

Editorial and Formatting Changes

As part of the review process some minor editorial and formatting changes were identified and made to the final draft document. These include updates to the wording of some outcome statements and progress measures to make it clearer what we will measure. The final draft Community Strategic Plan - Shoalhaven 2032 is included as Attachment 1.

Community Engagement

Engagement activities which occurred during the development of the updated CSP 2032 have been outlined in the previous Council report to the 27 June Ordinary Meeting (CL22.262). This included the public exhibition of the full suite of Integrated Planning & Reporting documents from 11 May until 10 June 2022.

Ordinary Meeting – Monday 12 September 2022

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CL22.390 Planning for Growth in the Milton-Ulladulla Area

HPERM Ref: D22/246419

Department: Strategic Planning

Approver: Carey McIntyre, Director - City Futures

Attachments: 1. Milton-Ulladulla Structure Plan Study Area (existing zones) ⇩

2. Analysis of Growth Scenarios ⇩

3. Preliminary Growth Scenario and Key Sites ⇩

4. Growth Options: Opportunities and Considerations ⇩

5. Proposed Community Engagement Plan - Preliminary Growth Scenarios ⇩

Reason for Report

The reason for this report is to seek endorsement to publicly exhibit a Preliminary Growth Scenario identifying potential opportunities to accommodate future residential growth in the Milton-Ulladulla area.

Recommendation

That Council:

1. Endorse the Preliminary Growth Scenario identifying potential sites and opportunities to accommodate future residential growth in the Milton-Ulladulla area for public exhibition.

2. Endorse the Proposed Engagement Plan (Attachment 5) as the basis for community engagement on the identified Preliminary Growth Scenarios.

3. Receive a further report on the outcomes of the public exhibition of the Preliminary Growth Scenario and the resulting next steps.

Options

1. As recommended.

Implications: This option provides the community and other interested stakeholders the opportunity to engage with land use planning work for the Milton-Ulladulla area and provide feedback on the Preliminary Growth Scenario. The feedback received in response to the exhibition of the scenario will be presented to Council to inform its continued consideration of planning for growth in the Milton-Ulladulla area.

2. An alternative recommendation.

Implications: Will depend on the nature of any recommendation, but it may delay Council’s consideration of options for future growth and, subsequently, the supply of new housing required to meet the communities’ needs. It may also increase pressure to accommodate growth elsewhere in Shoalhaven or prompt un-coordinated ‘one off’ Planning Proposals with impacts on Council’s resourcing.

3. Not proceed.

Implications: This would effectively mean that growth options may diminish and a range of impacts could emerge as a result, including the emergence of ‘one off’ Planning Proposals.

Background

In August 2020, Council resolved to urgently review the Milton-Ulladulla Settlement Strategy with the objective of increasing the availability of developable land in Milton-Ulladulla area. Attachment 1 provides a map of the area considered in the review work and the current zones.

Settlement Strategies generally outline how future population growth could be accommodated and how the impacts of that growth could be managed. They set out where anticipated growth will be located and, potentially, identifies a program to release new growth areas.

Council confirmed its commitment to undertake this review in its Local Strategic Planning Statement (Shoalhaven 2040) setting it as an immediate action in Planning Priority 1: Providing homes to meet all needs and lifestyles. Council also confirmed its focus on developing plans to enable a variety of affordable and appropriately serviced housing options in the current Delivery Program and Operational Plan (Action 1.1.05).

Council last set its settlement strategy for the area in 1996, in the Milton-Ulladulla Structure Plan. The growth areas identified in this document were rezoned for urban purposes through and LEP amendment that was gazetted in 2003. Development of the residential areas that were rezoned is now well advanced.

The current review is looking forward 25-30 years, to 2050, to evaluate dwelling demand and supply opportunities. It also limits supply opportunities to the current Milton-Ulladulla Structure Plan boundary (the study area) but may look beyond that boundary if investigations indicate this is necessary.

The work completed to inform the current review includes:

· A desk top review of current dwelling supply and remaining capacity, infrastructure projects and gaps, and environmental constraints and values of the study area.

· Detailed demographic analysis providing forecast changes to the population (growth and diversity), including increased regional migration in response to the COVID-19 pandemic, and an examination of future housing need and potential impacts on housing affordability.

· An expert analysis of the behaviour of the residential market.

· Land use surveys of commercial and employment land.

· Discussions with relevant infrastructure providers to confirm current capacity and proposed projects.

· A community survey to understand contemporary community values and experiences with housing (availability, affordability etc).

· Meetings with landowners of significant holdings already zoned for residential development and/or benefitting from development consent, to understand their intentions regarding their land.

Council’s Strategic Planning Working Party (SPWP) has been kept updated and engaged through the progress of the review so far, including most recently at their meeting on 15 August 2022. Also arising from the SPWP discussions, a Councillor Bus Tour was undertaken on 4 August 2022. The SPWP has provided input and feedback as the review has advanced, however as the SPWP is not a decision-making body, Council still needs to resolve how to proceed.

Current Dwelling Supply and Demand Situation

At the end of March 2022, an estimated capacity of approximately 1,400 new dwellings remained in the study area (on land zoned to facilitate a residential outcome). This capacity is split between 840 potential greenfield lots and 575 potential dwellings in medium residential areas.

Development trends since 2015 indicate an average completion rate of about 115 new dwellings per year in the study area. The bulk of these occurred in greenfield areas (75%) and most were single, detached dwellings (between 70-75% of dwellings delivered). Multi-unit housing completions have predominantly been dual occupancies or secondary dwellings, rather than higher-density dwelling types.

The remaining available greenfield capacity is equivalent to 7-8 years. The typical timeframe to plan and service a new greenfield residential area can exceed 5 years, reinforcing the urgency of Council’s review and the need to identify opportunities to meet future housing need. Expert advice is being sought on potential or perceived barriers to the delivery of higher density dwelling types, for example, land values, feasibility, construction industry skillset, limited finance, etc. This will clarify the opportunities available from these development outcomes.

Expert analysis of population forecasts, demographic change, housing need, housing diversity and housing affordability considerations was commissioned from Informed Decisions (known as .id), Council’s demographic consultant. HillPDA were also engaged to advise on residential market trends and behaviour. Some influences on demand are hard to quantify or are volatile, especially recent changes due to the COVID pandemic. These include changes in regional migration patterns, the number of dwellings purchased or used for short term rental accommodation or holiday homes in response to the demand associated with increased domestic tourism.

Informed Decisions estimates the population of the study area will increase by nearly 25% by 2050 (from 16,900 to 20,800) based on planned growth (i.e., in existing zones or known Planning Proposals). This growth suggests a need for at least 1,900 new dwellings by 2050.

HillPDA suggests, based on market behaviour, that planning for growth should be based on historic development rates as this is considered more representative of ongoing demand. Extrapolating historic development rates to 2050 indicates a potential need for approximately 3,250 new dwellings. Subtracting the current capacity (1,400) from the estimated need (3,250) indicates the need to identify opportunities to deliver capacity for an additional 1,850 homes to meet anticipated demand.

Both the reviews (demographic and market):

· Concluded that additional housing capacity needs to be made available to cater for demand to 2050, and

· Indicated a shift in demand towards smaller households and greater diversity of housing types to accommodate changing household size.

The market advice further noted that the need for additional capacity will be influenced by the mix of housing that is provided. For example:

· If the current ratio of detached/multi-dwelling housing is maintained, about 80 hectares of additional greenfield land and 4 hectares of land zoned for higher density infill development would be required.

· If the dwelling mix shifted towards higher densities, a total of about 50-hectares of additional zoned land would be required to accommodate both greenfield and infill development.

The Australian Bureau of Statistics (ABS) started to release the 2021 Census results in June 2022, with completion programmed for October 2022. Council’s demographic consultant anticipates it will be able to provide revised population forecasts after this time. Considering this timetable, the implications, if any, of updated population data will be considered during the future preparation of a draft Strategy.

Opportunities to Accommodate Future Demand

Broadly speaking, the future settlement opportunities fall under several general scenarios:

1. Maintain current land use zones and planning controls (e.g., height of buildings, minimum lot size etc)

2. Provide additional capacity focussed in new greenfield urban areas through the incremental growth of existing urban areas (east of the proposed Milton-Ulladulla Bypass).

3. Provide additional capacity in new, remote greenfield urban areas west of the Bypass and/or north of Milton.

4. Deliver additional capacity in existing urban areas, adjusting existing planning controls (zones and height of buildings) to increase medium- and high-density outcomes.

5. Balance additional capacity between new and existing urban areas.

Each of these scenarios is discussed/analysed in Attachment 2. This analysis and consideration of it indicates future growth areas should be shared between fringe greenfield areas and infill development in existing urban areas. The extent of, and mix between, greenfield and existing urban growth could be targeted to address forecast housing needs, both in quantum and housing type. A shared growth option would potentially:

· Provide sufficient capacity to meet forecast housing need.

· Facilitate supply across all housing types; important to meet emerging housing need.

· Supply greenfield capacity to facilitate detached dwelling (and potentially low scale medium density) supply.

· Facilitate redevelopment for medium and higher density housing in appropriate existing areas.

· Maximise the use of existing and planned infrastructure and services.

· Contain and manage the costs of delivering infrastructure to new areas.

· Limit impacts on rural land and land with scenic values compared to an all-greenfield approach.

Preliminary Growth Scenario

The study area was assessed to identify opportunities to supply additional capacity for about 1,850 homes. This work included the review of known environmental constraints (e.g., flood risk, bushfire etc.) and environmental and community values (e.g., biodiversity resources, scenic values, etc.). Discussions with infrastructure providers confirmed existing systems can generally support growth close to existing urban areas, while more remote growth areas would be more expensive to service. The assessment work identified several potential greenfield and infill locations with capacity for growth.

Three potential greenfield options have been identified adjoining the existing urban area of Milton and an area west of the residential subdivision being delivered on Bishop Drive, Mollymook Beach. These options maintain the scenic land separating the settlements of Milton, Mollymook, and Narrawallee – a confirmed community value identified in the 1996 Structure Plan. The options have been identified as:

1. Corks Lane West

2. Croobyar Road South

3. Bishop Drive West

Four infill options are located within Ulladulla Town Centre and have also been identified as:

1. Ulladulla CBD East (Mixed Use/High Density Residential)

2. Wason Street East (High Density Residential)

3. South Street/Burrill Street South (Medium Density Residential)

4. Camden Street/St Vincent Street (Medium Density Residential)

These options are recommended at this point for inclusion in a Preliminary Growth Scenario for discussion with the community. Attachment 3 provides maps of the Scenario and Attachment 4 provides an overview of the opportunities and considerations for each of the growth options.

The greenfield options have the potential to provide at least 66-hectares of land and opportunities for around 1,000 lots (based on an average of 15 lots per hectare). It can be assumed some multi-unit dwelling outcomes such as secondary dwellings (also known as granny flats) and dual occupancies, will also be delivered. Recent development trends suggest about 20% of all new development is being delivered in this manner in the study area. This could increase the capacity of these greenfield areas to about 1,200 dwellings.

Detailed investigations of environmental values and infrastructure requirements, necessary work prior to any future rezoning, as well as Transport for NSWs delivery of the Bypass, will also inform further refinement of the size and potential capacity of the options as they proceed further.

It is difficult to estimate the anticipated yield from infill development due to the diverse range of potential residential outcomes permitted in mixed-use and higher-density residential zones. Estimates based loosely on an industry measure of 20-40 dwellings per hectare provide an indicative range of 400-700 additional dwellings within the identified potential infill locations. A more accurate estimate would require, at a minimum, urban design and feasibility studies to determine appropriate development outcomes. These studies are intended to occur during the preparation of a draft Strategy.

In summary, the Preliminary Growth Scenario potentially provides sufficient zoned land to accommodate 1,600 to 1,900 dwellings and meet the identified dwelling demand to 2050.

Key Sites

Three Key Sites have also been identified for further consideration alongside the Preliminary Growth Scenario:

· Ulladulla Southern Gateway (including 252 Princes Highway, Ulladulla): This site has not been earmarked to contribute to future residential supply. It is however considered a potentially important contributor, in conjunction with adjoining land to its north, to an altered/upgraded “southern gateway” to Ulladulla Town Centre, particularly with the construction of the Milton-Ulladulla Bypass. Progressing any such initiative would need to involve discussion with the owners of highway frontage land in the vicinity of Pitman Avenue and Dowling Street.

· Deering Street, Ulladulla (Lot 1, DP 1172613): This land is at the western end of Deering Street and is zoned for rural and environmental purposes. The zoning of the subject land was ‘deferred’ from the 2009 LEP for the study area and the rural zone was later applied to approximately 14 hectares of the site during the preparation of the 2014 LEP as a “holding zone” for potential future development. This approach was taken due to the detailed investigations necessary to inform the consideration of the future use of the land. Accordingly, it has not been identified as a future residential supply option at this time.

· Harbour Precinct (including 66 Church Street, 66A St Vincent Street, and the Civic Centre, Ulladulla): This site has not been earmarked to contribute to future residential supply. It is recommended however, in anticipation of the construction of the Milton-Ulladulla Bypass, that specific consideration be given to the potential future use of this precinct capitalising on its proximity to and views of the harbour.

Ownership and development proposals for some of these Key Sites have changed and continue to change as work on the new Strategy progresses. Some owners have requested meetings to discuss specific proposals for their land. It is recommended any such discussions are considered against the backdrop of a publicly available Preliminary Growth Scenario which aims to provide residential supply to meet identified housing need. The exhibition of the Key Sites might also generate additional growth proposals or alternative outcomes.

Intended Next Steps

The public exhibition of the Preliminary Growth Scenario, including the three Key Sites identified above, would:

· Encourage early community feedback on the Preliminary Growth Scenario, further informing Council’s continued development of a draft Strategy.

· Provide a transparent process for landowners to express their views regarding the inclusion of their land in the Preliminary Growth Scenario.

· Allow focussed discussions with Infrastructure Agencies regarding specific components of the Preliminary Growth Scenario.

· Make the Preliminary Growth Scenario publicly available information and a framework against which alternative proposals from landowners, the development industry, and others can be considered.

· Identify potential future or alternative outcomes for the Key Sites.

Community Engagement

A Proposed Engagement Plan detailing a proposed community engagement process: public exhibition, notification tasks and engagement activities is provided at Attachment 5.

The exhibition of the Preliminary Growth Scenario is proposed to occur before the end of the year (between October and December) for over 8 weeks to provide the community and other stakeholders the time to review the information and provide feedback. There is an option to extend the deadline for submissions until the end of the year.

Notification of the public exhibition will occur through a variety of methods including a leaflet drop across the study area, in local newspapers, and on Council’s website and social media outlets. Community Consultative Bodies and Local Aboriginal Land Councils will be notified, as will all the people who have already engaged in the project in some way (responded to an earlier survey or subscribed to receive updates).

The exhibition of the Preliminary Growth Scenario would be supported with a range of supporting explanatory information providing:

· A Summary of the features and considerations of each of the growth options, and

· An explanation of the population information, forecast housing need, and current capacity.

Opportunities for the community to learn more about the exhibition are being considered and could include presentations to relevant Community Consultative Bodies, online webinars (presentation and question and answer sessions), and community information sessions.

A dedicated webpage has been published for this project:

https://getinvolved.shoalhaven.nsw.gov.au/milton-ulladulla-structure-plan.

The Preliminary Growth Scenario and supporting information (Fact Sheets etc) will be published on this page.

The Council Project Team are also available to answer questions on the phone or through the online “Question & Answer” function provided on the project webpage.

Previous engagement work included a community survey collecting information on community values and community experiences with housing within the study area. This was conducted over August and September 2021 and over 270 responses were received, with highlights summarised below:

· Occupation of housing stock suitable for larger families by smaller households, suggesting reduced desire to downsize to smaller homes, which may be reflective of a lack of available alternatives.

· Ongoing strong demand for single detached dwellings accompanied by demand for more diverse, adaptable, and accessible homes to support ageing-in-place and lifestyle choices.

· Affordability is a major concern for younger age groups attempting to enter the housing market but less so for those already in the market.

· More support for the development of land with ocean and mountain views than for development of farmland or land with scenic value or involving the removal of vegetation.

· All age groups were generally supportive of low-rise, townhouse style development and (particularly with younger groups) indicated some acceptance of increased densities if appropriately designed.

Approximately 20 owners of strategic land parcels (already zoned for residential development and/or benefitting from development consent) were offered the opportunity to meet with Council staff to discuss the owners’ plans (if any) for future use of their land. These meetings were optional, and information gathered was used to inform the analysis of residential demand and supply.

Policy Implications

The NSW Government has recently expanded the Greater Sydney Commission to include the Lower Hunter, Greater Newcastle, Central Coast, and Illawarra-Shoalhaven regions. The Commission has been restructured and renamed the Greater Cities Commission.

The role and responsibilities of the Commission are still being determined, but the enabling legislation requires the Commission to identify dwelling targets for the new regions and each local government area. This is anticipated to occur in 2023-2024.

Progressing the development of a draft Strategy will provide key information to inform and allow Council to advocate for responsible dwelling targets.

Ordinary Meeting – Monday 12 September 2022

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CL22.391 Medium Density Housing Review – Shoalhaven DCP 2014

HPERM Ref: D22/305251

Department: Strategic Planning

Approver: Carey McIntyre, Director - City Futures

Reason for Report

The first reason for this report is to present a summary of the community concern raised regarding medium density development across Shoalhaven since 2019 (the Review).

The second reason is to obtain endorsement to prepare a draft amendment or separate amendments to Shoalhaven Development Control Plan (DCP) 2014 to address the key themes raised by the community relating to medium density development.

The third reason is to obtain endorsement to not progress the September 2021 Council direction (MIN21.621(5)) to amend DCP Chapter G21: Car Parking and Traffic relating to the construction of off-street parking facilities.

Recommendation

That Council:

1. Endorse the preparation of a draft amendment or separate amendments to Shoalhaven Development Control Plan (DCP) 2014 to address the key themes raised by the community relating to medium density development, as outlined in this report.

2. Not progress the amendment to Shoalhaven DCP 2014 regarding the design/construction standards of off-street parking facilities (MIN21.621(5)).

3. Receive a further report to consider the draft amendment or amendments prior to any formal public exhibition.

Options

1. As recommended.

Implications: This is the preferred option as it enables further detailed investigation of appropriate improvements to Chapter G13: Medium Density and Other Residential Development and other chapters of the DCP to address the dominant community concerns resulting from medium density development since 2018 when the new medium density provisions came into effect. This option endorses the preparation of a draft amendment to the DCP which would be considered by Council in a separate future report.

This option also recommends that the direction made under MIN21.621(5) not progress. The proposal sought to amend DCP Chapter G21: Car Parking and Traffic to reduce the manoeuvring requirements for off-street parking facilities in favour of AS2890.1. The Review indicates that a significant proportion of community concern relates to the potential impacts of insufficient or inappropriate carparking provision for residents and visitors, which results in or impacts upon congestion, safety and traffic movements within the public domain.

2. Adopt an alternative recommendation.

Implications: This is dependent on the nature of the alternative proposal. This could include: more analysis of issues/concerns: early engagement with community, development industry etc.; independent design review work or similar. This type of additional work at this stage could delay things and it is possible to build any of these mechanisms into the recommended work on an amendment to the DCP.

3. Not adopt the recommendation.

Implications: This would mean that the existing medium density (and ancillary) provisions in the DCP would be retained as existing. As such, development of medium density development may not achieve best design outcomes and may result in ongoing negative impacts and costs to residents and the broader community.

Further, as development density continues to increase, sustained community concern may result in flow on impacts to Council staff resourcing and community representations to Councillors.

This option would also see the progression of the amendment to Chapter G21 in line with MIN21.621(3) relating to the construction of off-street parking facilities which is not preferred for the reasons outlined in this report.

Background

In 2018, Council embarked upon a large-scale review of the Shoalhaven DCP 2014 relating to medium density development. This ultimately resulted in a new Chapter G13: Medium Density and Other Residential Development, commencing in 2018. As part of this process, Council resolved (MIN18.646) to make numerous amendments to the exhibited DCP package prior to finalisation. The Chapter was again amended in 2019 following a Notice of Motion (MIN18.993) making further adjustments to its contents.

On 28 March 2022, following consideration of a Mayoral Minute, Council resolved (MM22.4) to receive a report as soon as practicable that:

1. Considers issues presented by members of the Shoalhaven Community regarding medium density development relating to car parking, private open space, landscaping and accessibility (not exclusively) that have arisen since 2019 when changes occurred.

2. Recommends a range of possible resulting improvements that could be made to Chapter G13: Medium Density and Other Residential Development of Shoalhaven Development Control Plan 2014 (and other chapters of the DCP if required) to address these concerns, including the preparation of a potential draft Chapter G13 for consideration.

In accordance with the resolution, a review has been undertaken that has considered:

· Medium density development applications (primarily dual occupancy and multi dwelling housing) across Shoalhaven within the last three years, that received exceptional critical feedback through the community engagement process.

Seven (7) ‘case study’ medium density residential development applications, that received a significant number of submissions when exhibited. A total of 342 submissions from 223 households/families were reviewed for the ‘case studies’ at:

§ 101 Hillcrest Avenue, South Nowra (7 submissions) – DA19/1723

§ 52 Parker Crescent, Berry (147 submissions) – DA19/1857

§ 31 Porter Circuit, Milton (54 submissions) – DA21/1991

§ 32 & 36 Yarrawonga Drive, Mollymook (41 & 43 submissions) – DA21/2348 & DA21/2359

§ 13 The Bastion, Manyana (32 submissions) – DA22/1281

§ 6 Dune Crescent, Manyana (23 submissions) – DA22/1524

· Submissions received through strategic planning processes (e.g. relevant Planning Proposals and Development Control Plan amendments).

· Matters raised via duty enquiries and general correspondence.

· Deputations received by Council on a range relevant of matters.

The review has identified a number of dominant community concerns which are outlined in Table 1 below.

Table 1 - Dominant Community Concerns

Theme	Prevailing issues identified
Built Form / character	· Design out of character with surrounding development · Development area / density too high · Excessive development height · Poor architectural design and visual dominance · Building setbacks too close to boundaries / adjoining development or setbacks not defined · Unsuitable location – proximity to facilities · Loss of property value due to proximity to development · Potential of new compact development being used for short term rental accommodation (STRA)
Amenity/Design	· Privacy impacts including overlooking and noise · Loss of solar access to living areas and outdoor private open space · Loss of views or outlook · Socio-economic impacts of resultant STRA and loss of property value · Poor accessible and adaptable housing provisions
Car parking and traffic	· Inadequate vehicle parking provision and circulation on-site · Traffic impacts on surrounding road network · Pedestrian safety · Utilisation of carparking allocation for household storage · Adequacy of access for service vehicles including emergency vehicles · Driveway design and location
Off-site impacts	· Stormwater and flooding · Land re-shaping / earthworks, retaining walls · Adequacy of public infrastructure
Landscaping	· Lack of sufficient private open space / landscaping · Habitat loss · Tree removal · Impacts on neighbouring trees

A summary of the distribution of the dominant community concerns across the ‘case study’ development applications is provided in Table 2 below. The matrix shows the percentage of total submissions for each development application that touched on each theme.

Table 2 - Summary of the distribution of the dominant community concerns across the ‘case study’ development applications

Theme	DA19/ 1723	DA19/ 1857	DA21/ 1991	DA21/ 2348	DA21/ 2359	DA22/ 1524	DA22/ 1281
Built form / character	71%	70%	78%	75%	79%	87%	75%
Amenity	100%	57%	54%	24%	37%	30%	34%
Vehicles	42%	57%	83%	68%	81%	43%	40%
Site impacts	-	55%	11%	7%	9%	26%	31%
Landscaping	-	52%	18%	-	9%	-	9%

The above matrix shows that the highest proportion of submissions on the applications were concerned:

· That the proposed development did not reflect or was not consistent with the dominant local character; and/or

· With the interaction of the development in the public realm associated with increased vehicle parking and movements; and/or

· About amenity being lost due to overlooking and overshadowing.

The community responses demonstrate broader concerns around compatibility and context sensitive development, which is a key theme of the NSW Government’s Local Character and Place Guideline 2019.

Five (5) of the ‘case study’ development applications were for properties located within relatively recent residential subdivisions (2001 onwards), where existing development was generally characterised as low-density single dwellings that are geographically located at a distance from town centres. Increased density through compact (medium density) housing, at the scale that is currently occurring, was generally not envisaged as part of the strategic vision or early development planning for these older subdivisions at the time. Ten (10) submissions included commentary regarding the provision of compact housing typologies in premium locations as having a non-contributory impact on housing affordability or meeting the needs of an aging population. These submitters observed that suitably designed compact housing closer to town centres was considered more appropriate to meet these housing needs.

Council’s Shoalhaven 2040: Our Strategic Land-use Planning Statement (LSPS) recognises that compact homes are required for housing diversity, and that these compact homes need to be managed to ensure development contributes to neighbourhood character (Planning Priority 1 and 13).

The NSW Government recognises that higher density residential development is best suited to areas where the future vision is transitioning to higher density housing. Consistent with this expectation, compact housing development located within recently established low density residential subdivision areas received the highest number of negative responses. This may be due to unexpected intensification within areas which are not currently transitioning to higher density or where the location may be unsuitable due to minimal active transport opportunities and the distance to town centres.

Table 3 below included as range of recommended changes to the DCP that should be considered to address some of the community concerns regarding medium density residential development and to reinforce the importance of good medium density design and development outcomes across Shoalhaven. The list of recommendations in Table 2 is not exhaustive, and this report recommends an amendment/s to the DCP that considers all the themes in Table 1. For example, this includes accessibility/adaptability, the importance of which is being raised nationally by key peak bodies as part of the discussion on the National Construction Code.

Table 3 - Recommended DCP Amendments

Theme

Recommended DCP Amendments

Rationale

Built Form

Character

Amenity

Inclusion of character statements so that the existing and future character of Shoalhaven’s towns and villages can be detailed to ensure that in-fill development contributes to existing and desired future neighbourhood character.

Refine the existing site analysis controls to ensure consideration of existing environmental characteristics within a 100m buffer area of a development.

260 submissions (75% of total) related to concerns that medium density development was not consistent with local character.

The Illawarra- Shoalhaven Regional Plan recognises that the development of local character statements prepared in accordance with the NSW Government’s Local Character and Place Guideline can:

‘Support the dominant theme of a region that values its people and places’ (Strategy 22.1)

The Guideline was developed by the NSW Government to elevate the consideration of local character and provide a framework to integrate consideration of character into the planning framework.

Shoalhaven 2040 LSPS recognises that the preparation of built form statements is required as a priority to identify the planning and development controls that can be used to influence the quality of neighbourhood character (Action 13.1).

The NSW Government’s Low-Rise Density Design Guide recognises that:

‘The local character of an area is generally considered to be within the visual catchment of a site or precinct. In most instances, this relates to the area within 100m of the site’. (p140).

Amenity

Landscaping

Site Impacts

Review landscaping controls to:

· Reduce privacy and amenity impacts.

· Ensure appropriately sized landscaped areas which provide benefits of the penetration of stormwater and retained and enhanced tree canopy to foster a greater sense of place.

· Ensure consistency between the DCP and LEP regarding landscaped area definition.

· Ensure that development contributes to active street frontages and does not result in the enclosure of the front (street) setback from the public domain.

Review the Private Open Space controls to ensure:

· Provision of comfortable, sustainable private places that provide access to sunlight and outlook

· Private open space is of a sufficient size without being located within the front setback or impacting solar access or privacy of adjoining development.

Review the Tree and Vegetation management controls to ensure:

· A balanced approach to tree retention to positively contribute to mitigating amenity loss, stormwater inundation and local character loss.

Note: Council’s upcoming consideration of the 45 Degree Rule will also be an important consideration in relation to this issue.

120 submissions (35% of total) related to concerns about loss of privacy from overlooking and acoustic intrusion.

116 (33% of total) related to concerns about inadequate access to sunlight.

A priority of the NSW Premier is increasing green cover by planting trees which is considered to be an important contribution to improve local character and enhance property values.

The Illawarra-Shoalhaven Regional Plan recognises the importance of urban tree cover in building sustainable and resilient communities (Strategy 13.1).

Shoalhaven 2040 LSPS recognises that to ensure resilience to natural hazards and enhance building resilience, Council will commit to investigate measures to improve green cover (Planning Priority 11).

The NSW Government’s Low-Rise Density Design Guide recognises the importance of solar and daylight access for good sustainable design (P46).

The NSW Government provides guidance when planning to respect and enhance local character in Planning Circular PS 21-026:

‘Built form, bulk, scale and height as well as landscaping and good design all play a part in ensuring the character of an area is maintained’.

Car Parking and Traffic

Include additional controls to promote safe active transport networks by:

· Providing flexible parking controls or incentives within a walkability buffer of 400m of town centres, or where it can be demonstrated that there is adequate street characteristics to support parking intensification in the public realm.

Review the car parking and storage controls to:

· Provide a viable, balanced approach to sufficient on-site car parking provision to accommodate parking needs onsite, enhance road safety and reduce car dominance on the building frontage.

· Provide adequate storage provisions to ensure that larger household items can be accommodated within dwellings without reducing on-site carparking availability.

168 objections (48% of total) related to inadequate on-site car parking provision for household needs.

202 objections (58% of total) related to concerns regarding additional car parking and movements within local streets.

The use of allocated carparking spaces for household storage has potential flow on impacts for street character.

The NSW Government Practitioners Guide to Movement & Place supports a well-designed built environment to support sustainable development and improve the amenity of places.

A goal of The Illawarra-Shoalhaven Regional Transport Plan is for

‘One in five trips made by walking, cycling or public transport options.

The Illawarra-Shoalhaven Regional Plan recognises the importance of increased housing growth close to well serviced strategic centres (objective 18).

Amendment to DCP Chapter G21: Car Parking and Traffic - Off-Street Parking Facilities

On 7 September 2021, Council resolved (MIN21.621(5)) to amend Shoalhaven DCP 2014 to:

"… Draft Amendment 6 … for public exhibition which adopts the provisions of AS2890.1 in relation to design and construction of off-street parking facilities in place of current unique provisions of Chapter G21”.

Acceptable Solution A12.1 in DCP Chapter G21 currently specifies that the minimum turning paths for medium density development is to be designed for a AS2890.1 B99 Design Vehicle and AUSTROADS Passenger Vehicle.

The requirement to specify the use of the B99 design vehicle was based on a local survey specific to Shoalhaven, which identified that the Australian Standard B99 vehicle is for all intents and purposes consistent with the dimensions of the B85th vehicle registered within Shoalhaven.

This is consistent with the general observation that larger cars are more often than not evident on rural/regional roads. The same survey found that the Australian Standard B85 vehicle was, for all intents and purposes, consistent with the dimensions of a B65th vehicle registered within Shoalhaven. This means that if Council adopted the Australian Standard B85 vehicle, up to 35% of vehicles registered within Shoalhaven would have more difficulty navigating aisles and spaces designed for the B85. This can result in long term manoeuvrability and operational issues within developments, that are not easily or cannot be fixed.

For this reason, Acceptable Solution A12.1 in DCP Chapter G21 specifically details the B99 vehicle so that turning paths are more appropriately designed to address the higher proportion of larger sized vehicles registered and prevalent on Shoalhaven’s roads.

On this basis and reflecting on the community concern raised regarding inadequate vehicle circulation on-site, driveway design and traffic impacts for medium density development, it is recommended that the DCP amendment suggested by MIN21.621(5) not proceed.

Conclusion

Medium density development provides an excellent opportunity to provide much needed housing supply and diversity across Shoalhaven in appropriate locations.

Good quality and contextually appropriate DCP provisions that promote well designed medium density development can increase community acceptance of this form of development.

The review of recent community concerns regarding medium density development has highlighted that there are a range of provisions that could be introduced or reconsidered within the Shoalhaven DCP 2014 to address the concerns raised and the resultant outcomes that have been observed. A number of these matters could be addressed by the reintroduction of previously exhibited or effective provisions that were ultimately not progressed or discontinued by the Council since 2018, or through the introduction of new and contemporary provisions that specifically meet Shoalhaven’s current and emerging needs.

As such, it is recommended that Council endorse the preparation of a draft amendment to Shoalhaven DCP 2014, focusing on the areas of community concern and the proposed staff response, as outlined in this report.

Community Engagement

No community engagement has been undertaken as part of this initial review process; however, it is noted that the views of the community have been considered through the review of submissions, duty enquiry feedback, general correspondence and deputations made by community members relating to medium density development since 2019.

Any amendments to the DCP will include community consultation (including the development industry) in accordance with legislative and project requirements.

Policy and Risk Implications

It is important to ensure that any change to the DCP is consistent with the Illawarra- Shoalhaven Regional Plan, specifically that the proposal will not impact upon the opportunity to provide additional diverse housing growth generally across Shoalhaven. The continued encouragement of compact housing provision located around shops, parks and open space is also consistent with the Shoalhaven 2040 LSPS.

However, it is noted that the continued provision of medium density housing needs to be balanced with the consideration of the long-term amenity and liveability of the resulting dwellings and impact on the public domain, road network and the environment.

Any proposed provisions will also need to be carefully considered and balanced against the provisions in the NSW Government’s Codes SEPP, which enables a range of medium density development to be undertaken as ‘complying’ development without assessment or consideration by Council. This represents a project challenge in terms of consistency (or inconsistency) between the two pathways, as well as consideration of adverse impacts such as contextual sympathy with local / desired character and site-specific traffic impacts.

Depending on the ultimate DCP changes recommended to Council and resources available at the time, it may be appropriate to progress a number of separate amendments to the DCP. The work and how it is undertaken will also need to be considered in the context of the ongoing discussions regarding Councils Strategic Planning Works Program, specifically the option of preparing new land use planning strategy and planning instruments for Shoalhaven.

Whilst a significant number of objections were received for residential flat buildings, a higher density form of development proposing 3 or more storeys, the DCP requires the design to be in accordance with the provisions of the State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development. As the 2018/2019 DCP changes did not result in any significant changes to residential flat buildings provisions, these applications have been excluded from this report; however further consideration of these community concerns could be undertaken in the future, possibly as part of a broader review if needed/appropriate.

Financial Implications

There are no immediate financial implications for Council as a result of this report. Any future amendment to Shoalhaven DCP 2014 would require a financial commitment from Council. It is anticipated that this would be covered by the Strategic Planning budget allocation, or as otherwise reported to Council.

Ordinary Meeting – Monday 12 September 2022

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CL22.392 Proposed Submission - NSW Coastal Design Guildelines: Draft Update

HPERM Ref: D22/343185

Department: Strategic Planning

Approver: Carey McIntyre, Director - City Futures

Attachments: 1. Draft Submission - Coastal Design Guideline ⇩

Reason for Report

The reason for this report is to seek an endorsement of a proposed submission on the NSW Coastal Design Guidelines – Draft Update (draft Guidelines) to enable its submission to the NSW Department of Planning and Environment (DPE).

Recommendation

That Council make the submission on the NSW Coastal Design Guidelines – Draft Update, consistent with Attachment 1.

Options

1. Adopt the recommendation and make the submission on the draft Guidelines as proposed in Attachment 1.

Implications: This is the preferred option as it will enable Council to provide a submission by the agreed deadline and continue to be involved in this process.

2. Adopt an alternative recommendation to amend or add comments to the proposed submission before submitting.

Implications: This will potentially require an amendment to or redrafting of the attached draft submission, the nature of which will be dependent on the required changes.

3. Do not make a submission.

Implications: This is not preferred as it will be a missed opportunity to provide feedback on the draft Guidelines.

Background

This matter has been under consideration/review by the NSW Government since 2018. Council provided previously provided feedback submissions in late 2018, early 2020 and early 2021. One of the consistent points that was raised through this feedback was the relationship and crossover with the existing Urban Design Guide for Regional NSW and need for clarity in this regard.

On 29 July 2022, DPE released a draft update of the revised NSW Coastal Design Guidelines for public review and comment.

The draft Guidelines are a review of the existing 2003 Guideline, aimed to help provide consistent guidance which is required to be considered when NSW coastal Councils assess Planning Proposals in the coastal zone. The draft Guidelines are also aimed at providing best-practice urban design guidance for those involved in shaping the built environment within NSW’s coastal environments.

The draft Guidelines build on the following work of the NSW Government Architect:

· Urban Design for Regional NSW – a guide for creating healthy built environments in regional NSW (2020).

· Better Placed – an integrated design policy for the built environment of NSW (2017).

· Draft Greener Places – an urban green infrastructure design framework (2020).

The exhibited draft Guidelines and a Frequently Asked Questions (FAQs) sheet are available at the following links:

· Draft Guide: NSW Coastal Design Guidelines

· FAQs: Frequently Asked Questions on the NSW Coastal Design Guidelines

The draft Guidelines are structured into the following four chapters shown in Table 1 below:

Table 1 – Structure of the Draft NSW Coastal Design Guidelines

Chapter	Summary of Chapter
Chapter 1 Introduction	Identifies the application of the Guidelines either as a mandatory assessment guide for Planning Proposals and an optional application as a best-practice urban design guidance in the preparation of regional and district plans, Local Strategic Planning Statements, master plans and precinct plans and business cases. They can also be applied to the assessment of development applications, including coastal subdivisions. This section also identifies the Guidelines strategic context.
Chapter 2 Understanding Coastal Places	Identifies the key factors and features that shape coastal places to assist in informing a ‘place based’ approach to determining the influences and environmental context of coastal places to inform site analysis.
Chapter 3 Planning proposals in the coastal zone	Provides a strategic merit list of mandatory and recommended outcomes that are required to be considered and satisfactorily demonstrated in the assessment of Planning Proposals within the defined coastal zone.
Chapter 4 Urban design guidance for the coastal zone	Provides guidance for best practice urban design outcomes for any coastal place. This chapter also provides relevant resources for further consideration within the design process.

Proposed submission points

The draft submission in Attachment 1 provides general and specific comments on the draft Guidelines, with the suggested key feedback points as follows:

· The proposed Guidelines are generally a welcome resource; however, it may have been more appropriate for regional coastal environments to have been included within the Urban Design Guide for Regional NSW, rather than the creation of this overlapping Guide.

· The ability to influence good design in the planning process is becoming more limited through the expansion of ‘exempt’ and ‘complying’ development, and the NSW Government’s reinforcement that Development Control Plans (DCPs) are only ‘guidance’ documents.

· With the greater expansion of the Greater Cities Commission (GCC) remit, and incorporation of Shoalhaven within the Commission’s area, there is a likely expectation of future mandated housing targets and economic growth strategies. These competing objectives need clarification and clear guidance needs to be provided at a NSW Government level.

· Need to consider how good urban design can be given more relevance/consideration by the development industry.

· Real and relevant case studies of the application of the Guidelines, especially in the process of identifying Aboriginal culture and heritage, would increase accessibility.

· The Guidelines must provide consistency if a responsive ‘place-based’ approach is to be encouraged.

Community Engagement

The NSW Government is publicly exhibiting the draft Guidelines between 29 July and 9 September 2022.

To enable the proposed submission to be reported to Council, an extension of time has been granted by DPE for this submission, until 16 September 2022.

Policy Implications

Planning Proposals located within the coastal zone must demonstrate how the mandatory requirements and recommendations set out in section 3.2 of the Guidelines have been addressed.

Where a Planning Proposal is inconsistent with any of the relevant mandatory requirements or recommendations, those inconsistencies must be explained and justified. This level of assessment is an addition consideration to the requirements of other relevant legislation, policies and local planning directions.

The requirement of this section is however generally consistent with the current (2003) Guide and is generally considered to be a logical approach to development within coastal areas.

Financial Implications

The financial implications of the Guidelines will be minimal, however there may be the need for the training of staff, which will need to be managed within existing budgets where possible.

Ordinary Meeting – Monday 12 September 2022

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CL22.393 Exhibition Outcomes and Proposed Finalisation - Planning Proposal - 268A Beach Road, Berry - LEP Minimum Lot Size Amendment

HPERM Ref: D22/323075

Department: Strategic Planning

Approver: Carey McIntyre, Director - City Futures

Attachments: 1. Redacted NSW DPI Letter for amended proposal (support Concept 2) 01042022 ⇩

Reason for Report

The reason for this report is to present to the Council, the public exhibition outcomes for this Planning Proposal (PP061) that ultimately facilitates a boundary adjustment subdivision between 268A and 268B Beach Road, Berry, by amending the Minimum Lot Size in Shoalhaven Local Environmental Plan (LEP) 2014 that applies to 268A Beach Road (Lot 1 DP 1081549).

A further reason is to obtain endorsement from Council to finalise the post-exhibition version of PP061 and proceed to amend the LEP accordingly.

Recommendation

That Council:

1. Adopt and finalise Planning Proposal PP061 to amend the Shoalhaven LEP 2014 Minimum Lot Size map overlay as exhibited, to potentially enable a boundary adjustment subdivision to be considered between 268A and 268B Beach Road, Berry.

2. Liaise with the NSW Parliamentary Counsel’s Office to amend the Shoalhaven LEP 2014 Minimum Lot Size map overlay, using Council’s delegation.

3. Advise the proponent and adjoining landowners of this outcome.

Options

1. As recommended.

Implications: This is the preferred option. The resulting LEP amendment will potentially enable a boundary adjustment subdivision between Lots 1 and 2 DP 1081549 (268A and 268B Beach Road) Berry. Both Lots have existing approved dwellings and no further dwelling entitlements will be created. The proposed boundary adjustment would enable the central treed area to be encompassed within one lot. The resulting minimum lot size for Lot 1 DP 1081549 would not be inconsistent with surrounding properties and the accompanying Agricultural Assessment indicates that this would not preclude land use(s) consistent with the applicable RU4 – Primary Production Small Lots land-use zoning.

2. Make an alternate resolution.

Implications: Will depend on the nature of any resolution.

Background

The subject land is Lot 1 DP 1081549, a 10.04 ha property located at 268A Beach Road, Berry, approximately 3km east of Berry township. The subject land and surrounding lot sizes is shown in Figure 1 below.

Figure 1 - Subject Land and Surrounding Lot Sizes

Chart

Description automatically generated

The subject land is one of three 10 ha lots (approx.) created by a subdivision in May 2005 that are zoned RU4 Primary Production Small Lots under the LEP and also has the following easements that benefit:

· The remaining Lots created by the 2005 subdivision, being Lots 2 and 3 DP 1081549

· Integral Energy Australia for the maintenance of existing underground energy cables

· Council for the maintenance of existing water supply.

Covenants over the subject land include:

· a building envelope

· a restriction to clearing / disturbance of native vegetation

The PP will not alter these existing covenants/easements.

A request to undertake this proponent-initiated PP was submitted by Allen Price & Scarratts Pty Ltd, on behalf of the landowners, on 21 June 2021. Subject to the outcome of the PP and proposed amendment to the minimum lot size map overlay in the LEP, the proponent (owner of both lots) intends to lodge a future development application, seeking a boundary adjustment that will:

· Reduce Lot 1 DP 1081549 (268A Beach Road) to 4 ha

· Increase Lot 2 DP 1081549 (268B Beach Road) to 16 ha (Note: This does not require an amendment to the current 10 ha minimum lot size requirement.)

The PP will amend Sheet LSZ_019E of the minimum lot size map overlay in the LEP as it applies to Lot 1 DP 101549. The amendment will affect approximately 4 ha of land within the north-western portion of the subject lot, by replacing the current 10 ha (AB1) minimum lot size with a 4 ha (Z3) minimum lot size. The proposed LSZ mapping change is shown in Figure 2, below:

Map

Description automatically generated

Figure 2: Existing (left) and Proposed (right) Minimum Lot Size (LSZ) Maps

Legally approved dwellings are already established on both lots. The proposed LEP amendment will not create additional dwelling entitlements nor enable further subdivision.

The PP request was considered by Council on 7 September 2021 and it was resolved to:

1. Support the Planning Proposal to amend the Shoalhaven LEP 2014 Minimum Lot Size maps to show a 4ha (Z3) parcel for Lot 1 DP 1081549 (268A Beach Rd BERRY), as identified in the Proposed Minimum Lot Size Map associated with this proposal.

2. Prepare and submit the PP documentation to the NSW Department of Planning and Environment for Gateway determination, and dependent on the outcome proceed to exhibit the PP and report back to Council post-exhibition.

3. Advance as a ‘minor’ proponent-initiated Planning Proposal with fees charged in accordance with Council’s adopted Fees and Charges.

4. Advise the proponent of this resolution.

A Gateway determination was subsequently received permitting this PP to proceed, subject to conditions requiring early consultation with the following Government agencies and public exhibition (14 days):

· NSW Rural Fire Service (RFS)

· NSW Department of Primary Industries (DPI) – Agriculture

Feedback from Public Authorities

The following formal submissions were received from the required early consultation.

NSW Rural Fire Service

Comments received on 18 February 2022 - no objection to the PP and no further consultation is necessary.

NSW Department of Primary Industries Agriculture

As a result of consultation, three (3) letters were received from DPI - Agriculture dated 2 December 2021, 1 April 2022, and 26 May 2022.

Letter dated 2 December 2021 - initially objected to the PP on the basis that part of the smaller proposed lot (Lot 1) “…contains land that is of high agricultural quality”. Acknowledged that the proposal retained mapped Biophysical Strategic Agricultural Land (BSAL) within a single Lot but opposed the proposal to separate this land from non-BSAL agricultural resources. Raised further concerns that any boundary adjustment may compromise agricultural practices intended for the RU4 land-use zoning, due to a resulting smaller lot size for Lot 1 (268A Beach Road).

In response to these initial comments from DPI - Agriculture, the proponent prepared an alternative conceptual drawing that sought to further minimise fragmentation of cleared agricultural land. This concept was initially supported by DPI Agriculture in a letter dated 1 April 2022. However on review, it was considered that the original concept on which the Gateway version of the PP was based, facilitated a better overall planning outcome due to:

· Direct access to Beach Road is maintained for both Lots;

· Viability of agricultural land-use is retained for both RU4-zoned Lots, according to the findings of the supporting agricultural assessment;

· The BSAL mapping is not sufficiently fine-grained or ground-truthed to accurately determine its boundaries;

· A large portion of the mapped BSAL land is already compromised by established infrastructure, approved development and effluent disposal area for the existing dwelling on Lot 1;

· Improved management practices are facilitated for the quality environmental land (treed area), by permitting it to be consolidated within a single Lot.

Council staff met with DPI - Agriculture, NSW Department of Planning & Environment (DPE) and the proponent’s representative on 26 April 2022, where both options were discussed.

Council subsequently wrote to DPI - Agriculture on 2 May 2022, formally requesting that it re-consider its initial objection to the Gateway version of the PP.

DPI - Agriculture responded to Council on 26 May 2022, stating it “has no objections to the proposed minimum lot size proposal in the original submission to NSW DPI on 11th November 2021” - see Attachment 1.

As such DPI - Agriculture does not object to the PP and no further consultation with them was necessary.

Community Engagement

The PP was subsequently publicly exhibited on Council’s website and the NSW Planning Portal between 29 June and 15 July 2022 (inclusive) in accordance with the Gateway determination.

The exhibition package included:

· Planning Proposal (PP061) document

· Explanatory statement

· Gateway determination

· Exhibition notification

One (1) community submission was received from an adjoining landowner who raised several concerns which are summarised in Table 1 below. Staff responses are provided are also provided. A copy of the actual submission can be provided to Councillors if required.

Table 1 – Response to submission (from adjoining landowner)

Issue / Concern

Staff response

No reasons or justification given for creation of the smaller lot.

The proponent’s agricultural assessment states: “It is proposed to reduce the area of Lot 1 to 4 ha and increase the size of Lot 2 to 16 ha to allow increased agricultural use of Lot 2 while retaining agricultural potential for Lot 1.” Any resultant proposal by the landowner to create the smaller lot will be assessed on its merits as part of a separate development application.

No change to the PP considered necessary.

The proposed smaller lot will not support a viable number of livestock.

The proponent’s agricultural assessment states that intensive agriculture will be viable on the smaller lot. This land-use is compatible with the objectives of the RU4 Primary Production Small Lots zone.

No change to the PP considered necessary.

Creation of the smaller lot will set a precedent for future smaller lot sizes.

The protection of agricultural lands from subdivision is an important element of the strategic planning framework. In this case, the land is already subdivided and developed (dwellings exist), and the PP will not create additional dwelling entitlements or further subdivision potential. The PP will also enable the treed area to be encompassed within the larger lot, which is considered a better environmental outcome. Given these circumstances, it is not considered that the PP will create an undesirable precedent.

No change to the PP considered necessary.

Increased size of Lot 2 will lead to a future subdivision application.

The PP will not create additional dwelling entitlements or further subdivision potential on the larger lot. (As is the case for the smaller lot.)

No change to the PP considered necessary.

No guarantee that additional dwelling entitlements of future subdivision will not occur.

The PP will not create additional dwelling entitlements or further subdivision potential.

No change to the PP considered necessary.

In summary, the concerns raised by an adjoining owner have, in the view of staff, been anticipated and are covered in the PP. Hence, no changes to the PP are proposed.

Conclusion

It is proposed to proceed to amend Sheet LSZ_019E of the minimum lot size map overlay in the LEP as it applies to Lot 1 DP 101549. The amendment will affect approximately 4 ha of land within the north-western portion of the subject lot, by replacing the current 10 ha (AB1) minimum lot size with a 4 ha (Z3) minimum lot size.

The amendment will enable a future development application seeking a boundary adjustment subdivision to be pursued and assessed on its merit when lodged.

Policy Implications

The NSW planning system places significant emphasis on protecting the state’s agricultural lands from fragmentation. This is reiterated through actions in Council’s strategic planning documents including Shoalhaven 2040 - Our Strategic Land-use Planning Statement and Council’s Growth Management Strategy.

In this case, the land is already subdivided and developed (dwellings exist) and the PP will not create additional dwelling entitlements or further subdivision potential. The PP will also enable the treed area to be encompassed within the larger lot, which is considered a better environmental outcome. Given these circumstances, it is not considered that the PP has any significant policy implications.

Ordinary Meeting – Monday 12 September 2022

Page 0

CL22.394 Exhibition Outcomes and Finalisation -
Planning Proposal (PP005) - 'Deferred' Land at Warrah Road, Bangalee

HPERM Ref: D22/319299

Department: Strategic Planning

Approver: Carey McIntyre, Director - City Futures

Attachments: 1. Summary of Submissions ⇩

Reason for Report

The reason for this report is to present the public exhibition outcomes for this revised Planning Proposal (PP005) and the associated biodiversity certification application for ‘deferred’ land at Warrah Road, Bangalee.

A further reason is to obtain endorsement to finalise the post-exhibition version of PP005 and proceed to amend the LEP accordingly.

Recommendation

That Council:

1. Adopt and finalise the revised Planning Proposal (PP005) as exhibited between 15 June and 18 July 2022.

2. Forward PP005 to the Office of the NSW Parliamentary Counsel (PCO) with a request to draft the amendment to Shoalhaven LEP 2014.

3. Make the resulting amendment to Shoalhaven LEP 2014 (SLEP) using Council’s delegation.

4. Issue a final invoice for the balance of fees outstanding, to be paid by the proponent prior to making the LEP amendment.

5. Post a ‘Newsfeed” update to the ‘Get Involved’ project page and advise all subscribers and the proponent of this resolution.

6. Advise submitters of Council’s decision once the LEP amendment has been notified.

Options

1. As Recommended

Implications: Strongly preferred as this is the only realistic way to resolve this complex legacy PP and future zoning for this part of the Crams Road Urban Release Area identified in the 2008 Nowra-Bomaderry Structure Plan (NBSP). Council previously considered a report and agreed that the revised proposal and associated proposed transfer/dedication of C2 land with a fully funded Biodiversity Stewardship Agreement is a better planning outcome compared to the previously exhibited version of this PP.

The revised PP is supported/not opposed by the relevant NSW Government agencies, Council Sections and the proponent. Residential land will not be released for actual development until the provisions of Part 6 of Shoalhaven LEP 2014 have been satisfied. Council’s longstanding position, which was reconfirmed in 2019 (MIN19.289) is that release of this land should not occur until both the Princes Highway / Shoalhaven River Bridge duplication and the Far North Collector Road projects have been completed. Hence, preparation of the required DCP is not considered a priority at this time.

Finalisation of the PP would allow the proponent to progress the biodiversity certification application for the residential development area and, in due course, a biodiversity stewardship agreement (BSA) for the proposed C2 Environmental Conservation land.

2. Make changes to the Planning Proposal.

Implications: Not supported. This could potentially further unduly delay or jeopardise finalisation of this PP. A small number of submissions could indicate there is a level of community acceptance to the proposed LEP changes. The issues that were raised can be more closely considered and addressed as part of addressing the subsequent requirements of Part 6 of LEP before any land is ‘released’ for actual development.

3. Not proceed with the Planning Proposal

Implications: Not supported. This is a legacy PP with a complex history dating back to 2013. Considerable resources have been expended to refine and improve the proposal and gain its acceptance from Government agencies. Should Council not proceed with the PP, the opportunity to finally resolve the planning status of this land could be lost. The opportunity to also increase housing supply in North Nowra in the longer term by approximately up to 240 dwellings and to protect, in perpetuity, the environmental values of the proposed C2 Environmental Conservation land could also be lost in the longer term.

Location

PP005 applies to Lots 21-24 DP 714096, Warrah Road, Bangalee and approximately 300 linear metres of unmade Council road reserve west of Warrah Road and south of Lochaven Drive as shown in Figure 1 below.

Lots 21-24 (the ‘deferred’ land) are currently zoned Rural 1(d)(General Rural) under Shoalhaven Local Environmental Plan (LEP) 1985. It is proposed through this PP to resolve the zoning of the land and incorporate this land into the Shoalhaven LEP 2014. The road reserve is currently zoned C2 Environmental Conservation under LEP 2014.

Figure 1 - Subject land

Background

The Planning Proposal

The PP dates back to Nowra-Bomaderry Structure Plan (NBSP) and draft Shoalhaven LEP processes, including in 2013 when the proponent made a submission to the draft city-wide Shoalhaven LEP.

The detailed history of the PP is documented in a previously exhibited version of the PP. The current version of the PP (as exhibited – Version 2.6) details the rationale for revising and re-exhibiting the PP.

The previously exhibited planning proposal (2021) and the revised PP (2022) are compared below at Figure 2. Council previously considered a report and agreed that the revised proposal and associated proposed transfer/dedication of C2 land with a fully costed and funded Biodiversity Stewardship Agreement is a superior planning outcome compared to the previously exhibited PP.

Figure 2 – Proposed zoning exhibited in 2021 (left) and the current (2022) zoning proposal (right)

At the Ordinary meeting on 14 March 2022, Council considered a report on the previously exhibited PP and resolved (MIN22.170) to:

1. Endorse the revised proposal and modified Local Environmental Plan (LEP) maps contained in this Report and prepare an updated Planning Proposal (PP) that also includes:

a. Information about the proposed biodiversity certification of the development land and proposed conservation arrangements for the environmental land as outlined in recommendation 2 below;

b. A revised subdivision concept plan 2022;

c. Current agency comments.

2. Endorse, in principle, the transfer/dedication of the proposed C2 Environmental Conservation zoned land (part of Lot 24 DP 714096) to Council at the appropriate point in the future with a single, fully costed and funded Biodiversity Stewardship Agreement (BSA), registered on Title.

3. Forward an updated PP to the NSW Department of Planning and Environment (DPE) with a request for a further Gateway extension to permit re-exhibition and finalisation of the PP.

4. Publicly exhibit the updated PP in accordance with legislative requirements and consult relevant agencies (provided Gateway extension is issued), with costs accrued to date to be invoiced and paid by the Proponent prior to exhibition commencing.

5. Concurrently exhibit the Biodiversity Certification Application (BCA) and updated BCAR with the PP for 30 days in accordance with s8.6 of the Biodiversity Conservation Act 2016.

6. Receive a future report on the outcomes of the re-exhibition and proposed finalisation process.

7. Advise the proponent and previous submitters of this resolution.

8. Prepare any future DCP Chapter for the area in accordance with Part 6 of the LEP including requirements for appropriate tree retention within the subdivision area.

New Gateway determination

As per Council’s decision (MIN22.170), an updated PP and Gateway extension request were submitted to DPE on 23 March 2022. The Gateway was due to expire on 25 May 2022. As re-exhibition was required, the project timeline was updated with an anticipated completion date of August/September 2022 indicated.

Notwithstanding DPE’s support for the revised proposal, Council’s Gateway extension request was disappointingly declined. Instead, on 19 April 2022, the Gateway was terminated, and the reasons cited were:

· The original 12month timeframe to complete the proposal had already been extended by three months

· The significant time lapsed to date

· The need to consult on the proposal; and

· Uncertainty that the proposal could be finalised within the additional time requested.

By the time the Gateway was terminated, the updated PP and SLEP mapping to include the additional land (the Council road reserve) had already been completed. Notwithstanding this, re-exhibition could not proceed at that time because the Gateway had been terminated by DPE.

Council staff again amended the PP to reflect the changed Gateway status and requested a new Gateway determination on 4 May 2022.

The decision to terminate generated two additional versions of the PP, consumed Council resources unnecessarily and delayed progression of the PP. The concerns about the need to obtain a new Gateway determination were relayed to DPE’s Regional Office.

DPE issued a new Gateway determination for PP005 on 11 May 2022.

Gateway conditions

The conditions of the new Gateway are summarised below:

· Public exhibition period: 28 days (minimum)

· Exhibition material to comply with DPE’s Local Environmental Plan Making Guidelines 2021

· No consultation is required with public authorities or government agencies

· A public hearing is not required

· Council is the delegated local plan-making authority under section 3.36(2) of the EP&A Act subject to:

o all conditions of the Gateway determination being satisfied

o the PP being consistent with applicable Section 9.1 Ministerial directions and

o there being no outstanding objections from public authorities

· The LEP should be completed on or before 13 February 2023

Resulting Proposed Amendments to Shoalhaven LEP 2014

The following proposed map amendments will result from this PP :

Land Use Zoning (LZN)

It is proposed to rezone the ‘deferred’ land to a mix of R5 – Large Lot Residential, R2 – Low Density Residential, RU2 – Rural Landscape and C2 – Environmental Conservation. See Figure 3 below. A section of the Council road reserve is proposed to be included in the R5 zone, consistent with DPE’s Practice Note PN 10–001, because the road reserve would form part of a perimeter road network to comply with Planning for Bushfire Protection 2019.

Figure 3 - Existing zoning (left) and proposed (right)

Minimum lot size (LSZ)

The proposed Minimum Lot Size Map (see Figure 4 below) has the following elements:

• R5 zone: The northern boundary of the site has been allocated a minimum lot size of 2,000 m² (V1) to complement the adjoining large lot residential development to the north and provide a buffer to new and most likely denser residential development within the urban release area to the south.

• R2 zone: A 500 m² lot size (I) is proposed for the least constrained part of the urban release area (R2 zone) for the provision of standard residential lots.

• R2 Zone: A 700 m² lot size (Q) is proposed for the land identified as a buffer between the 500 m² lot size area and adjoining environmental land. Larger lots are required in this location to help accommodate the required bushfire asset protection zones (APZs).

• RU2 zone: A 40 ha (AB1) minimum lot size is proposed to recognise the corridor and alignment of the future Western Bypass and to allow this land to be excised and attached to a residential lot within the subdivision until the NSW Government is ready to acquire the land.

• C2 zone: The balance of the site is environmental land and will have a 40 ha (AB1) minimum lot size.

Figure 4 - Existing minimum lot size (left) and proposed (right) Map

Description automatically generated

Urban Release Area (URA)

The area of land to be identified as Urban Release Area (URA) corresponds to the area of land proposed to be zoned R5 - Large Lot Residential and R2 – Low Density Residential plus the Council road reserve (west of Warrah Road and south of Lochaven Drive) - see Figure 5 below.

This will mean that Part 6 of the LEP will have to be satisfied before the land can ultimately be subdivided and developed. The proposed URA land, minus the road reserve, is also subject to the Biodiversity Certification Application (BCA) and revised Biodiversity Certification Assessment Report (BCAR), exhibited concurrently with the PP^{^[1]}.

Figure 5 – Existing URA (left) and Proposed URA (right) A picture containing chart

Description automatically generated

Height of Buildings (HOB) Map

The URA is proposed to be allocated a maximum building height of 8.5 m. The existing 11 m maximum height of buildings control is set out in Clause 4.3(2A) of the LEP will continue to apply to the remainder of the subject land.

Clauses Overlay (CLS) Map

That part of the site to be zoned RU2 Rural Landscape is also proposed to be mapped as being subject to Clause 7.21 of the LEP that relates to the future use of the land for a road corridor.

Land Application (LAP) Map

Lots 21-24, DP 714096 are currently ‘deferred’ from Shoalhaven LEP 2014. The Land Application Map will also be amended to include the subject land (so that the land is no longer ‘deferred’).

Riparian Lands and Watercourses (WCL) Map

The existing watercourse and its tributaries are proposed to be mapped in the LEP.

Acid Sulfate Soils (ASS) Map

The subject land is proposed to be mapped as Class 5 on the Acid Sulfate Soils Map under the LEP. This classification is consistent with all land surrounding the subject land.

Community Engagement

Public Exhibition: June - July 2022

The revised PP was publicly exhibited from 15 June to 18 July 2022 inclusive.

A public notice was placed on Council’s website. All adjoining land owners were notified, as were all previous submitters and all subscribers to Council’s ‘Get Involved’ project page.

During the exhibition, the ‘Get Involved’ project page was updated to assist community engagement on the revised PP and accompanying Biodiversity Certification Application (discussed below).

The PP exhibition package included:

1. Exhibition Notice

2. Explanatory Document

3. FAQs

4. Planning Proposal

5. Council Report & Minute

6. Gateway Determination

7. Bushfire Assessment

8. Biodiversity Certification Application Form

9. Biodiversity Certification Assessment Report

Submissions

Three (3) submissions were received from Bangalee residents. The key issues raised are briefly outlined below and a more detailed response to submissions is provided as Attachment 1. The actual submissions can be provided to Councillors if required.

· Concerns relating to the future construction of a road within the existing road reserve (west of Warrah Road) - Two (2) submitters expressed a concern that it is Council’s intent to transfer the road reserve to the proponent for housing.

Comment:

This is definitely not the case. This is a ‘public road’ and approximately 300 m would need to be constructed as part of the perimeter road network if/when the land is rezoned and released for development. An amendment to the Shoalhaven Contributions Plan (CP) or a Voluntary Planning Agreement (VPA) is likely to be needed to establish a funding mechanism for any upgrades to surrounding road infrastructure etc.

· Concerns about traffic congestion, lack of footpaths, kerb and guttering etc in adjoining residential areas and Illaroo Road.

Comment:

o Current traffic issues are acknowledged.

o An additional/alternate access from Pitt Street is integral to the proposal. This alternate access will help re-direct and disperse traffic movements between the development area and North Nowra/Nowra, thereby reducing the total number and impact of additional traffic movements within the existing Bangalee road network.

o In accordance with Part 6 of the LEP, the subject land would not be able to be subdivided for development before a DCP has been prepared, the new Shoalhaven River Bridge crossing and the Far North Collector Road (FNCR) have been completed, and arrangements are in place for the provision of other essential infrastructure. As noted above, either a CP amendment or a VPA are likely to be required to establish a funding mechanism for any required upgrades to the surrounding road network etc.

o Detailed controls requiring the provision of local infrastructure such as cycleways, shared paths, parks and sustainability infrastructure are more relevant to the next stages (DCP, subdivision design concept and development application) if/when the land is rezoned and ultimately released for urban development.

o New kerb and gutter (K&G) programs have not been funded for several years. Available funds are directed to replacement/drainage programs or where there is potential risk to property. Almost all new K&G construction is funded by property owners or developers. The need, if any, for K&G extension beyond the boundaries of the proposed URA will be considered during preparation of the DCP.

· Need for a local park.

Comment:

City Lifestyles (Strategic Asset Planning) supports the dedication of a minimum of 4,000 m² as public open space within the proposed Urban Release Area (URA) for use by future residents (possibly up to 500). A local park is considered justified on projected population increase as there are no suitable existing parks in the vicinity. Ideally a park would be centrally located to be accessible to all residents of Bangalee. This is a matter that can be further considered during preparation of the required DCP.

· Fencing to minimise light & noise pollution

Comment:

This is a matter of detail that can be further considered during the preparation of the required DCP, noting that certain forms of low-impact development may be exempt from the need to obtain planning or construction approval under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP).

· Tree retention difficulties due to 500 m²lot size

Comment:

Minimum lot sizes have been set at 500m², 700m² and 2000m². Almost all lots shown in the subdivision concept plan exceed the minimum. The smaller residential lots (150 lots ranging from +500 m²to +900 m²)comprise about 75% of the development area. The remaining lots are proposed to be +2000 m².

Opportunities for appropriate street trees in public areas, such as road reserves, can also be considered at DCP stage provided that these do not compromise bushfire prevention or interfere with asset protection zones. In addition, Council has initiated a review of Chapter G4 – Tree and Vegetation Management of the DCP and the 45 degree rule that currently sits within it.

Summary

This matter has been exhibited a number of times. The most recent exhibition has a resulted in a relatively small number of submissions. The issues that were raised will be more closely considered as part of the process of addressing Part 6 (Urban Release Areas) of the LEP – which must occur before the land can be subdivided/released. This will include preparation of a site-specific Development Control Plan (DCP) and potentially a Contributions Plan and/or Voluntary Planning Agreement (VPA) to address provision and funding of essential infrastructure. No changes to the PP are considered necessary to respond to the issues raised.

Biodiversity Certification Application (BCA)

The BCA and associated Biodiversity Certification Assessment Report (BCAR) were updated and amended to reflect the revised proposal, in that all land proposed to be zoned C2 Environmental Conservation is proposed to be transferred to Council with a single, fully costed and funded Biodiversity Stewardship Agreement (BSA).

The updated BCA and BCAR were re-exhibited concurrently with PP in accordance with ‘best practice’ and no submissions were received.

Detailed discussion about the BCA/BCAR and BSA processes is included in the previous report of 14 March 2021 (CL22.119).

Agency consultation

Consultation with public authorities or government agencies was not required by the most recent Gateway determination. Consultation has already occurred and was considered by Council in the previous report of 14 March 2021 (CL22.119). The PP is now supported by the Department of Environment & Planning (DPE), the NSW Rural Fire Service and the Biodiversity & Conservation Division (BCD) of DPE.

Aboriginal Cultural Heritage

Heritage NSW (HNSW) emphasises the need for ongoing Aboriginal consultation including that Council and any future developers must be aware of their obligations in relation to Aboriginal cultural heritage under the National Parks and Wildlife Act 1974. As the development footprint has changed and the ‘caretaker lots’ removed from the proposal, it was considered prudent to give HNSW the opportunity to review their comments.

HNSW has provided advice to Council on Aboriginal cultural heritage matters in relation to this PP on two previous occasions:

• 20 November 2020 – advice included recommending an Aboriginal Heritage Management Plan be prepared over the ‘caretaker lots’ and ensuring appropriate buffers and management strategies are in place to protect recorded Aboriginal objects in the E2 (now C2 Environmental Conservation) zoned land.

• 25 June 2021 – previous comments were reiterated, noting that Council has committed to further addressing Aboriginal cultural heritage matters when preparing the Development Control Plan (DCP) and providing advice about the need for an Aboriginal heritage impact permit (AHIP) application should any future land management actions impact on an Aboriginal site located within the C2 land.

HNSW comments dated 20 November 2020 were discussed in the previously exhibited Planning Proposal. HNSW has re-affirmed their previous advice.

In addition to consulting with HNSW, the Nowra Local Aboriginal Land Council (NLALC) and the Jerrinja Tribe were notified. No comments were received from the Jerrinja Tribe. NLALC advised it has “no objection” to the PP.

Comment

Two Aboriginal sites have been identified; one is located within land proposed to be zoned C2 Environmental Conservation and transferred/dedicated to Council as a fully funded biodiversity stewardship site. Management actions to avoid impacts on known Aboriginal cultural heritage must be included in the BSA when the land is transferred to Council. The second site is in proximity to the boundary between the proposed C2 and RU2 zones and is yet to be identified on-site. Construction of an alternative access to Pitt Street as part of a subdivision DA would require an Aboriginal Heritage Impact Permit (AHIP) and a new ACHA would be required.

NLALC and Jerrinja Tribe will be engaged further during preparation of a DCP should the PP be finalised.

Policy Implications

The proposed transfer/dedication of the C2 Environmental Conservation land to Council (with a fully funded BSA registered on Title) is facilitated via the Biodiversity & Conservation Act 2016. The proposal will result in a good conservation/management outcome and importantly the proposal will be fully funded, meaning Council will not need to expend funds for ongoing management.

Land transferred/dedicated would be classified as ‘Community land – Natural Area Bushland’ in accordance with Section 31 and Section 36 of the NSW Local Government Act 1993 and Section 102 of the NSW Local Government (General) Regulation 2021. Classification of the land would be addressed when further reports on the land transfer/dedication and establishment of BSA are presented to Council in due course.

A Development Control Plan relating to the land will need to be prepared at the appropriate point, noting that Council’s long-held position is that land release will not occur until the new bridge crossing and the Far North Collector Road have both been completed.

Financial Implications

Council has fees and charges in place for progressing proponent-initiated Planning Proposals. These seek to recoup costs incurred by Council in progressing the matter, including the costs associated with staff time. In accordance with recommendation 4 (MIN22.170) costs incurred to date were invoiced to, and paid by, the proponent before the PP was re-exhibited. A final invoice would need to be issued for payment before the SLEP Amendment is made.

The provision of a fully costed and funded Biodiversity Stewardship Agreement (BSA) would ensure that the future cost of managing the biodiversity stewardship site would be met by the sale of Biodiversity Credits generated under the NSW Biodiversity Offsets Scheme. Rates would also not be payable. If any implications should arise that need to be considered, these would be canvassed when further reports on the establishment of the BSA are prepared.

Work on duplication of the Shoalhaven River Bridge Crossing began in 2020 and is expected to be completed by mid-2024. On 21 February 2022 Council resolved to accept a tender to construct stages 2 and 3 of the Far North Collector Road and work is underway. This $32.8M project is 100% funded by the Australian Government.

Conclusion

Finalisation of the PP as recommended (Option 1) will enable the zoning for this part of the Urban Release Area, originally identified in the 2008 Nowra-Bomaderry Structure Plan (NBSP), to be resolved

The revised footprint for the URA and proposed BSA for the proposed C2 Environmental Conservation zoned land achieves a balanced/robust development/conservation outcome and is also consistent with the ‘Planning for Bushfire Protection’ 2019 (PBP 2019) guidelines. The PP is supported by the key Government agencies and the Proponent.

Issues/concerns raised during re-exhibition of the PP would be considered when the requirements of Part 6 (Urban release Areas) of the LEP are addressed. No changes to the exhibited PP are considered necessary. If the subject land is rezoned, further consideration of infrastructure provision and funding will occur at the appropriate time, as part of the DCP and CP/VPA preparation process.

Finalisation of the PP would allow the proponent to further progress the biodiversity certification application for the URA and in due course, a Biodiversity Stewardship Agreement for the proposed C2 Environmental Conservation land.

Ordinary Meeting – Monday 12 September 2022

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CL22.395 Proposed Planning Proposal - 2022 Housekeeping Amendment - Shoalhaven Local Environmental Plan 2014 (PP058)

HPERM Ref: D22/322371

Department: Strategic Planning

Approver: Carey McIntyre, Director - City Futures

Attachments: 1. 2022 Housekeeping Planning Proposal (PP058) (under separate cover) ⇨

Reason for Report

The reason for this report is to seek a resolution to progress the 2022 Housekeeping Amendment Planning Proposal (PP058) which seeks to make a range of amendments of a housekeeping nature to Shoalhaven Local Environmental Plan (LEP) 2014.

Recommendation (Item to be determined under delegated authority)

That Council:

1. Submit Planning Proposal PP058 to the NSW Department of Planning and Environment for an initial Gateway determination and, if favourable:

a. proceed to formal public exhibition in accordance with the terms of the determination/legislative requirements; and

b. receive a further report following the conclusion of the public exhibition to enable its finalisation.

2. Advise key stakeholders, including relevant Community Consultative Bodies and any directly affected landowners, of the public exhibition arrangements.

Options

1. As recommended.

Implications: This is the preferred option. Since the commencement of the LEP, anomalies and minor issues continue to be identified that need to be resolved on an ongoing basis. The matters in this PP relate to LEP instrument and mapping issues that were generally identified in the 2021 calendar year. This PP will enable the matters to be resolved to ensure the LEP remains accurate and up to date.

2. Adopt an alternative recommendation.

Implications: Depending on its nature, an alternative recommendation could delay the resolution of the identified housekeeping matters.

3. Not proceed with the PP.

Implications: This is not the preferred option as the identified housekeeping matters will not be resolved.

Background

Shoalhaven LEP 2014 commenced on 22 April 2014 and is continuously updated to ensure that it aligns with strategic documents, is improved/corrected where necessary, relevant matters are resolved, and positive planning outcomes are delivered for the community. As a result, Council has an ongoing process of housekeeping (annual) amendments to improve the operation and maintain the accuracy of the LEP.

Proposed 2022 Housekeeping Amendment

The intended outcome of the PP is to make a number of amendments to both the written instrument and maps in Shoalhaven LEP 2014 in order to correct identified anomalies or inconsistencies in the Plan and improve its operation. The amendments identified include:

· One (1) item that requires minor administrative amendments to the LEP written instrument.

· Thirty (30) items that require amendments to the LEP maps, covering a variety of minor mapping issues relating to: Land Zoning, Lot Size, Height of Building, Terrestrial Biodiversity, Clauses, Land Reservation Acquisition, Scenic Protection Area and Heritage.

· Five (5) items that relate to both the LEP instrument (Schedule 5) and the associated Heritage mapping.

The proposed amendments will help to improve the overall operation of the Plan. The proposed PP is included at Attachment 1 and contains the detail of the proposed LEP amendments. Table 1 below summarises the key matters/issues, along with the relevant locations, for convenience.

Table 1: Summary of the 2022 Housekeeping PP key issues

Issue / Proposed Amendment	Location (and Mapping Item No.)
Mapping
Private land currently zoned RE1 Public Recreation that should be rezoned to a more appropriate land use zone given it is not in public ownership.	· Nowra (1) and (2) · South Nowra (12) · Bendalong (13)
Council-owned land that should be rezoned to reflect the intended purpose of that land.	· Berry (7) · Burrill Lake (14) · North Nowra (15) · Cambewarra (30)
Applying or removing the minimum lot size layer for consistency with the relevant land use zone.	· Sassafras (3) · Coolumburra (5)
Resolving/tidying up minor anomalies in various mapping layers to ensure consistency with the intended land use and provide greater certainty for landowners.	· Coolumburra (4) · Touga (6) · Burrill Lake (8) and (16) · Berry (9) and (18) · Jaspers Brush (10) · Nowra Hill (11) · South Nowra (17) · Conjola Park (26) · Bomaderry (29) · Cambewarra (30)
Removal of land reservation acquisition (LRA) layer where no longer required.	· Culburra Beach (19) · Mundamia (20) · Berry (21) (22) · Bomaderry (23) · Jaspers Brush (24) (25)
Refinement of terrestrial biodiversity layers.	· Milton (27) · Budgong (28)
Instrument and Mapping
Amendments to heritage mapping layers and item descriptions under LEP Schedule 5 to ensure information is accurate and up to date. Includes removal of heritage listing (Item 5).	· Terara (1) · Broughton Vale (2) · Berry (5)
Refinement of heritage mapping layer and item description under LEP Schedule 5.	· Nowra wharf (3)
Addition of new heritage item to LEP Schedule 5 and associated mapping.	· 50 BTU Rd, Nowra Hill (4)

Following initial Council endorsement, the PP will be submitted to the NSW Department of Planning and Environment (DPE) for Gateway determination. Should a favourable determination be received, as detailed in the Project Timeline in the PP (Attachment 1), it is anticipated that the resultant LEP amendment would be finalised by mid/late 2023.

Community Engagement

Should the PP receive a favourable Gateway determination, it will be publicly exhibited in accordance with the relevant legislative and Gateway requirements. The Gateway determination will specify the minimum exhibition period and any government agencies who should be consulted. Early engagement has occurred with WaterNSW in accordance with the relevant Section 9.1 Ministerial Direction, and its response is attached to the PP.

Any directly affected landowners will be advised of the exhibition arrangements in writing, as will all Community Consultative Bodies (CCB’s) and relevant stakeholders.

The PP will be reported back to Council following the formal exhibition to enable final consideration.

Financial Implications

There are no immediate financial implications for Council. The amendment to the LEP will be resourced from the existing Strategic Planning budget.

Ordinary Meeting – Monday 12 September 2022

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CL22.399 Development Application – RA21/1001 – 17 Norfolk Avenue, South Nowra – Lot 116 DP 1122371

DA. No: RA21/1001/4

HPERM Ref: D22/331453

Department: Development Services

Approver: James Ruprai, Director - City Development

Attachments: 1. Assessment Report ⇩

2. Draft Conditions of Consent ⇨

3. SDCP 2014 Assessment ⇨

Description of Development: 47 industrial units, ancillary café, access, signage, and ancillary works

Owner: Shoalhaven City Council

Applicant: Richard Amos c/- SET Consultants

Notification Dates: 8 December 2021 to 7 January 2022

No. of Submissions: One (1)

Purpose / Reason for consideration by Council

To present the Development Application to Council to enable review the section 4.15 assessment report and draft determination (prepared by an independent consultant) in advance of a meeting of the Southern Regional Planning Panel so that Council’s view on the proposal can be put to the Panel.

Recommendation

That:

1. Council receive and note the s4.15 assessment report for RA21/1001 – 17 Norfolk Ave South Nowra.

2. Council support RA21/1001 for industrial units at 17 Norfolk Ave South Nowra, on the basis that the application has been satisfactorily assessed pursuant to section 4.15 of the Environmental Planning and Assessment Act 1979 and will provide additional industrial premises for local businesses.

3. The resolution made by Council be submitted to the Southern Regional Planning Panel prior to their consideration and determination of RA21/1001.

Options

1. Support the consultant’s recommendation to the Southern Regional Planning Panel (SRPP) for approval of the application by deferred commencement consent and advise the SRPP accordingly.

Implications: The recommendation would be provided to the SRPP for their information as part of their consideration of the regional application.

2. Make an alternative resolution and make a separate submission to the SRPP.

Implications: The alternative resolution would be provided to the SRPP for their consideration.

The SRPP is the determining authority for the application.

Location Map

Aerial view of a city

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Figure 1 – Site location / Aerial view

Background

Why this DA is being reported to the Regional Planning Panel

· The development has a capital investment value (CIV) of more than $5 million. The CIV is $8,334,817.

· Shoalhaven City Council has an interest in the proposal being owner of the land.

· The Southern Regional Planning Panel is the determining authority for the application in accordance with section 3 of Schedule 6 of State Environmental Planning Policy (Planning Systems) 2021, (SEPP).

The determination by a Panel also adds a layer of transparency to the assessment process. Furthermore, the application was also independently assessed by a reputable Planning Consultancy – Creative Planning Solutions. These measures are intended to deal with any potential conflicts of interest.

Proposed Development

Council is in receipt of a development application (DA) which seeks approval for 47 industrial units. Minor cut and fill for site preparation is proposed. The proposal will also provide an ancillary ‘café’, a total of 116 parking spaces (two (2) of which will be accessible spaces), and associated works. The units will include mezzanine and ‘optional mezzanine’ levels to each of the proposed units. The uses of the individual units have not been nominated. Hours of operation have been nominated as 7.00am to 5.00pm Monday to Saturday.

The proposed site plan and elevations are provided in Figures 2-6.

Engineering drawing

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Figure 2 – Cover sheet – site plan and overview

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Figure 3 – Boundary Elevations

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Figure 4 – Internal Elevations a

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Figure 5 – Internal Elevations b

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Figure 6 – Internal Elevations c with signage detail

Subject Land

The subject land is Lot 116 DP 1122371 (known as 17 Norfolk Avenue, South Nowra). The land has an area of 1.350ha and is cleared of vegetation. There are existing industrial developments within the locality. The land fronts Norfolk Avenue and is mapped as bushfire prone land. The land is zoned IN1 General Industrial under the Shoalhaven Local Environmental Plan 2014 (SLEP 2014), under which a variety of uses are permitted with the consent of the determining authority.

The objectives of the IN1 General Industrial zone include:

· To provide a wide range of industrial and warehouse land uses.

· To encourage employment opportunities.

· To minimise any adverse effect of industry on other land uses.

· To support and protect industrial land for industrial uses.

· To allow a diversity of activities that do not significantly conflict with the operation of existing or proposed development.

· To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.

The proposal is not inconsistent with the objectives of the zone.

Site & Context

The subject land is situated within the Flinders Industrial Estate. There is a range of existing industrial uses in this location.

Planning Assessment

Due to the subject land being in Council ownership, with sale pending, the DA has been assessed by an independent consultant. The assessment report has been completed, and the Regional Planning Panel is to determine this DA.

The DA has been assessed under s4.15 of the Environmental Planning and Assessment Act 1979. Please refer to Attachment 1.

Issues

The Café

The independent assessment has recommended changes to the café so that it operates as a food and drink premises which is permissible in the zone, noting that a café is prohibited. To clarify, a take away food and drink premises is defined as follows:

Take away food and drink premises means premises that are predominantly used for the preparation and retail sale of food or drink (or both) for immediate consumption away from the premises.

Note—

Take away food and drink premises are a type of food and drink premises—see the definition of that term in this Dictionary.

A café is a type of food and drink premises which is defined as:

Food and drink premises means premises that are used for the preparation and retail sale of food or drink (or both) for immediate consumption on or off the premises, and includes any of the following—

(a) a restaurant or cafe,

(b) take away food and drink premises,

(c) a pub,

(d) a small bar.

Note—

Food and drink premises are a type of retail premises—see the definition of that term in this Dictionary.

As per the note above, a ‘food and drink premises’ is a type of ‘retail premises’. ‘Retail premises’ are prohibited within the IN1 zone under the SLEP 2014.

To deal with this issue, it is recommended that the layout be adjusted and the reference to café be removed from the plans

Shoalhaven Development Control Plan 2014 (SDCP 2014) Performance / Alternative Solutions

There are areas of ‘non-compliance’ in relation to the proposal. This is explained and addressed in detail through the s4.15 Assessment Report (Attachments 1 & 3).

The planning assessment identified issues with Chapters G1, G20, G21 and G22. These relate to:

· the site analysis plan,

· inadequate solar access information,

· a front setback variation,

· the length of unbroken walls along the side elevations of the building,

· inadequate pedestrian facilities,

· inadequate manoeuvring space for large vehicles, and

· the size of free-standing signage at the front of the site.

The planning assessment has found that the departures from the acceptable solutions are either justifiable and/or can be addressed by conditions in the event of approval.

In summary:

Site analysis – Information provided to Council (i.e., a survey plan, site plan, etc.) is sufficient for an assessment to identify hazards and constraints, noting that there are no trees on the site, and the site is not constrained by considerations such as views and natural hazards other than bushfires. The lack of a specific site analysis plan is therefore considered to be acceptable in this instance.

Solar access information – Solar access plans were provided showing overshadowing impacts for 22 September rather than for June. Despite such a deficiency, the layout of development on the adjoining industrial site to the south and the proximity of the subject site to the nearest residential development is such that the proposal will not adversely affect the amenity of areas sensitive to overshadowing.

The front setback – The element that breaches the numerical setback is an open / lightweight element that is to be finished in contrasting colours, below the roof parapet at the front of the building. It is the cantilevered ‘café’ awning.

There is a landscape area in front which will be enhanced as a result of the removal of outdoor dining. The building element that protrudes (awning) does not add to size and bulk.

Proposed setbacks:

· To café roof ‘awning: 12.98m

· To building line: 15m

The acceptable solution is a front setback of 15m. The nominated 12.98m setback to the awning is considered an acceptable performance solution.

Length of walls – The visual impact of the development will be reduced to the north, as a result of existing development at 15 Norfolk Avenue that is already built with a zero-side setback to the common boundary. While the location of development on the adjoining site to the south (i.e., 19 Norfolk Avenue) will allow for the variation to be visible from the Norfolk Avenue road reserve, the development controls for the locality likely envision the setbacks of future development to be more akin to that proposed by the subject DA.

It is agreed with the applicant’s Statement of Environmental Effects (SEE’s) arguments that there are numerous other examples within the Flinders Industrial Estate where industrial developments have been permitted with large unbroken expanses on/close to side boundaries; a review of the area noted examples including:

· 11 Norfolk Avenue

· 35 Norfolk Avenue

· 10 Tom Thumb Avenue

· 28 Trim Street

It is also agreed that the variation will not adversely affect the amenity of surrounding sites (noting that such sites either contain other industrial developments or will remain undeveloped for the foreseeable future), nor will the variation adversely affect defence against bushfires.

Pedestrian facilities – While no issue is raised with the design of facilities for vehicular entry and egress, the proposed development does not demonstrate satisfactory provisions for pedestrian safety. While the site provides for continuous and line-marked paths of travel between the front of the site and Units 1-15 and 36-37, line-marked pathways do not connect these pathways to buildings that will contain Units 18-22 and 23-30.

A condition is therefore recommended that will require amendments to be made to ensure that adequately marked and connected pedestrian pathways are provided through the site in accordance with relevant standards; the condition will require such pathways not be permitted to encroach upon proposed landscaped areas, in order to both maximise landscaped area and visibility of pedestrian routes throughout the site.

Manoeuvring space for large vehicles – The swept path plans provided with the most recent amendments to the plans indicate that the DA seeks consent for access for vehicles up to and including 19-metre-long articulated vehicles (i.e., semi-trailers).

The submitted swept path plans are inadequate, as they indicate that:

· Access from the south is only attainable by using the south-bound lane of Norfolk Avenue (i.e., access from the south requires using the wrong side of the road).

· Egress to the north is only attainable by using the south-bound lane of Norfolk Avenue (i.e., egress to the north requires using the wrong side of the road), and also requires encroachment upon the centre dividing island.

· Manoeuvring space around Unit 23 requires encroachment upon landscape areas (noting that the landscape plans propose wider landscaped areas within this location).

· Manoeuvring space around Unit 24 requires encroachment upon landscape areas.

· It has not been demonstrated that articulated vehicle access and associated manoeuvring to Units 10-15 and 16-19 is possible without reversing a significant distance within the site.

· The proposed loading areas within the industrial units are of insufficient lengths to accommodate a 19-metre-long vehicle without significant encroachment into the ’avenues’ throughout the site, and no shared loading facilities for a 19-metre-long vehicle are proposed.

Swept path plans for Heavy Rigid Vehicles (HRVs) also show an impractical approach angle to the site in addition to encroachment upon landscaped areas in order to manoeuvre around Unit 23.

No justification has been provided with regard to the above.

In addition to recommended conditions of consent by Council’s Development Engineer, the following consent conditions are recommended that will require the following:

· Prohibition of articulated vehicles from the site, with signage to be erected at the entrance to the site to advise incoming traffic of this restriction.

· Revised swept path plans for HRVs are to be submitted for Council’s approval prior to the issue of a Construction Certificate.

Size of sign – the acceptable solutions are:

· A1.4 Maximum sign face area should not exceed 0.35m² of sign face area per linear metre of road frontage.

· A1.5 Maximum sign face area of any one (1) sign is not to exceed 8m².

The signage proposed is:

· A1.4 - 2.23m² (or 15.8%)

· A1.5 - 8.38m² (or 104.8%)

The variation to the signage area is likely a consequence of the large number of proposed units (and the subsequent need to provide sufficient space on the free-standing sign to provide business identification signs for all proposed businesses), and the design of the free-standing sign will promote suitable rationalisation of signage in areas immediately visible from the public domain. Given the size of the site, site frontage and proposed development, the size of the proposed signage variation is not significant, therefore any variation to the permitted signage area will not be discernible when viewed from the public domain.

Having regard to the particular circumstances of the site, the proposal is unlikely to set an undesirable precedent. The proposed variation is therefore considered to be satisfactory and supportable on merit in this instance.

Deferred commencement condition recommendation

The approval is recommended as a deferred commencement consent requiring an easement for drainage, and as easement for APZ to be created over adjoining Lot 40 DP 802671, which is Council Operational land to support the development, (Attachment 2).

Deferred commencement is considered appropriate in this instance to ensure the proposal can appropriately connect to the stormwater drainage system to support the development prior to the consent becoming operative, and provide the necessary defendable space as required by Planning for Bushfire Protection.

Upon registration of the easements, the consent will convert to an operational consent.

Consultation and Community Engagement:

The DA was notified in accordance with the Environmental Planning and Assessment Regulation 2021 (EP&A Regs) and Council’s Community Consultation Policy for Development Applications from 8 December 2021 to 7 January 2022.

One (1) public submission was received in relation to Council’s notification of the development.

The key issue raised as a result of the notification was the Intensification of traffic – in relation to impacts on traffic / existing nearby development.

The submission:

“…requests that Council carefully consider the intensification of the industrial area, particularly in relation to impacts of increased traffic, the interaction of light and heavy vehicles, and vehicle safety entering/exiting driveways in the vicinity of a busy concrete plant.”

It has been found that, subject to the recommended conditions of consent, the proposed development:

· Will provide for adequate parking,

· Will not result unacceptable impacts noting the subdivision is capable of accommodating the envisaged traffic, and

· Will allow for adequate vehicular access and egress in a manner that will not adversely affect surrounding sites.

Financial Implications:

There are potential cost implications for Council in the event of a refusal of the application. Such costs would be associated with defending an appeal in the Land and Environment Court, should the applicant utilise appeal rights afforded under the Environmental Planning and Assessment Act 1979 (EP&A Act).

Legal Implications

Pursuant to section 8.2 of the EP&A Act, a decision of the Panel may be the subject of a review by the applicant in the event of approval or refusal. If such a review is ultimately pursued, the matter would be put to the Panel for consideration.

Alternatively, an applicant may also appeal to the Court against the determination pursuant to section 8.7 of the EP&A Act.

Summary and Conclusion

The planning assessment has concluded that the current proposal meets the provisions of relevant environmental planning instruments and is consistent with the relevant provisions and objectives within the Shoalhaven Local Environmental Plan 2014 (SLEP 2014) and the Shoalhaven Development Control Plan 2014 (SDCP 2014). Any potential impacts have been adequately addressed via recommended conditions of consent.

This application has been satisfactorily (and independently) assessed having regard for section 4.15 (Evaluation) under the EP&A Act. Based upon the recommendations of the s4.15 Assessment Report - Attachment 1, Development Application No. RA21/1001 is recommended to the Regional Planning Panel to be granted deferred commencement consent subject to the draft conditions of development consent contained in Attachment 2.

Ordinary Meeting – Monday 12 September 2022

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CL22.400 Acceptance of Grant Funding - Multi-Sport Community Facility Fund - Boongaree, Berry and Ulladulla Skate Park, Ulladulla

HPERM Ref: D22/267619

Department: Community Planning & Projects

Approver: Jane Lewis, Director - City Lifestyles

Reason for Report

To inform Council of successful grant funding applications under the NSW Office of Sport Multi-Sport Community Facility Fund and seek Council acceptance of the funding for:

· Boongaree Stages 5 & 7 - Junior and Senior Sporting Fields

· Ulladulla Sports Park – All Wheels Skate Park

Recommendation

That Council;

1. Accept the offer of funding for the successful grant applications under the NSW Office of Sport Multi-Sport Community Facility Fund for:

a. Delivery of Junior and Senior Sporting Fields within Boongaree Stages 5 & 7 in the amount of $1,821,398

b. Delivery of an All-Wheels Skate Park at the Ulladulla Sports park in the amount of $1,500,000

2. Make arrangements to forward letters of thanks to the Minister of Tourism and Sport, The Hon. Stuart Ayres MP.

Options

1. Adopt the recommendation.

Implications: In line with community expectations, this funding will assist in the progression and delivery of:

· Boongaree Stages 5 & 7 - Junior and Senior Sporting Fields

· Ulladulla Sports Park – All Wheels Skate Park

2. Council adopts an alternative recommendation.

Implications: Depending on the nature of the alternative recommendation, this may not meet community expectations and, given current price escalation, could potentially result in insufficient funds and delay the delivery of Boongaree Stages 5 & 7, and the Ulladulla Skate Park.

Background

In February 2022, applications under the NSW Office of Sport Multi-Sport Community Facility Fund were made for the following projects:

· Boongaree Stages 5 & 7 - Junior and Senior Sporting Fields - $1,821,398

· Ulladulla Sports Park – All Wheels Skate Park - $1,500,000

In June 2022, Council was advised that these applications were successful, and Council is now required to formally accept the grant funding. Details of each project follows:

Boongaree Stages 5 & 7 - Junior and Senior Sporting Fields

The Boongaree Stages 5 & 7 grant application is for funding to contribute towards the overall cost of the project, which includes the delivery of multi-use sporting fields. One field is to be developed for the use of junior soccer, cricket and league. The other field is to be developed for senior cricket, league and soccer.

The development of the fields include irrigation, drainage, lighting to State level standard and associated shared user paths and carparking to accommodate the site. These fields are proposed to provide potential for other grassed field sports such as touch football, AFL, Oz Tag as well as an open space for events and markets.

Ulladulla Sports Park – All Wheels Skate Park

The All-Wheels Skate Park grant application is for funding to contribute towards the overall cost of the project, which includes demolition of the existing site, followed by construction of a new regional multi-sport skate park facility with two inclusive toilet amenities building, parking, shared user paths, water bubbler, shade, picnic table seating and electric BBQ.

The project will cater to developing new riders as well as provision of difficult features to further develop high level athletes and future skateboarding Olympians. The site has been developed in coordination with children and families, to create a safe place for all to recreate and grown in their sport – whether it is skateboarding, scooting, roller blading, or BMX.

Multi-Sport Community Facility Fund

The NSW Government has committed $200 million to the Multi-Sport Community Facility Fund. This investment in community sport infrastructure has a primary focus on developing sporting facilities that can be shared and used by multiple sports. The Fund provides $100 million in funding available per annum over two years, to support new and upgraded multi-sport and multi-use sporting facilities.

This round of the Multi-Sport Community Facility Fund opened in late 2021 and applications were due by 25 February 2022. Funding available for individual projects ranged from $1M - $5M.

Funding received from Multi-Sport Community Facility Fund requires construction to commence in 2022, with project completion by 30 June 2025.

Community Engagement

Boongaree Stages 5 & 7 - Junior and Senior Sporting Fields

The Boongaree project has involved extensive community engagement since its inception in 2014 as part of the development of a Master Plan for the then Berry District Park. The overarching community engagement process included a Working Group, stakeholder workshops, presentations to community meetings, on site meetings, Get Involved page updates and written correspondence.

Ulladulla Sports Park – All Wheels Skate Park

Community consultation has been an integral component of the concept design development for the Ulladulla Skate Park. A series of consultation exercises have been utilised by the consultant including on-site meetings, questionnaires, and workshops. In addition, communications have also been utilised on Council’s Facebook page, dedicated Get Involved page, Ulladulla Skate Park Users Facebook page and phone and email communications to key community representatives, user groups and surrounding schools. The participants who engaged in the community consultation exercises represent a broad spectrum of community including young skaters, older skaters, parents, teachers and skatepark designers.

Policy Implications

Boongaree Stages 5 & 7 - Junior and Senior Sporting Fields

Boongaree is identified as a Destination Park and the Community Infrastructure Strategic Plan (CISP) recommends the development of the park in line with the Master Plan. Stages 5 & 7 are in accordance with the Boongaree Master Plan.

Ulladulla Sports Park – All Wheels Skate Park

The Ulladulla Sports Park is identified as a District Recreation Park and the Community Infrastructure Strategic Plan (CISP) recommends investigating the expansion of the park and to develop netball courts and internal paths. The Skate Park aligns with the draft Ulladulla Sports Park Master Plan.

Financial Implications

The combined grant funding for both projects is as follows:

Boongaree Stages 5 & 7 - Junior and Senior Sporting Fields	$1,821,398
Ulladulla Sports Park – All Wheels Skate Park	$1,500,000
Total Grant Funding	$3,321,398

The projects are currently funded as follows in the 2022/23 budget

Boongaree Stages 5 & 7 - Junior and Senior Sporting Fields

· Loan Funding $4,594,988

Ulladulla Sports Park – All Wheels Skate Park

· Loan Funding $2,285,942

Details of any necessary budget adjustments as a result of the successful grant applications will be reported in a future quarterly budget review following the awarding of tenders for the projects.

Boongaree Stages 5 & 7 - Junior and Senior Sporting Fields

Construction of Boongaree Stages 2 to 7 has funding identified in the DPOP for the 2022/23 and 2023/24 financial years.

The budget identified in the DPOP is based on initial cost estimates. It should be noted that the market price to construct stages 5 & 7 will be determined through the RFT process, the outcome of which will be reported to a future meeting of Council.

Ulladulla Sports Park – All Wheels Skate Park

Construction of the Ulladulla Skate Park has funding identified in the DPOP for the 2022/23 financial year. This will be in addition to the 2021/22 budget being carried forward.

The budget identified in the DPOP is based on initial cost estimates. It should be noted that the market price to construct the Ulladulla Skate Park will be determined through the RFT process, the outcome of which will be reported to a future meeting of Council.

Next Steps

Boongaree Stages 5 & 7 - Junior and Senior Sporting Fields

Upon approval and finalisation of the funding agreement, Council staff will finalise detailed design and commence construction.

Ulladulla Sports Park – All Wheels Skate Park

Upon approval and finalisation of the funding agreement, Council staff will finalise detailed design and commence construction.

Ordinary Meeting – Monday 12 September 2022

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CL22.401 Acceptance of Grant Funding - Children and Young People Wellbeing Recovery Initiative - Resilient Minds, Empowered Youth

HPERM Ref: D22/350073

Department: Community Connections

Approver: Jane Lewis, Director - City Lifestyles

Attachments: 1. Successful Outcome Notification - Children and Young People Wellbeing Recovery Initiative - Hon. Ben Franklin ⇩

Reason for Report

To seek Council’s approval to accept $50,000 (excl GST) from the Office of Regional Youth as part of their Children and Young People Wellbeing Recovery Initiative to deliver the Resilient Minds, Empowered Youth project.

Recommendation

That Council:

1. Accepts the grant funding of $50,000 (excl GST) from the Office of Regional Youth as part of their Children and Young People Wellbeing Recovery Initiative to deliver the Resilient Minds, Empowered Youth project.

2. Writes to the Office of Regional Youth and The Hon. Benjamin Franklin, MLC, Minister for Regional Youth to thank them for the grant.

Options

1. Adopt the Recommendation

Implications: The Community Capacity Building Team will be able to deliver all planned aspects of the Resilient Minds, Empowered Youth Project in collaboration with community partners.

2. Request more information.

Implications: Councillors request further information

3. Reject the recommendation

Implications: The funding would not be received, and the Resilient Minds, Empowered Youth project would not be able to go ahead, with further implications for the mental health and wellbeing for young people in the Shoalhaven.

Background

The Children and Young People Wellbeing Recovery Initiative, a funding round delivered by the Office of Regional Youth, aims to improve access to programs and resources to help young people recover, build resilience, strengthen community networks and improve mental health and wellbeing.

This program has been funded through the NSW COVID-19 Economic Recovery Initiative and the NSW and Commonwealth governments flood and storm Disaster Recovery Funding Arrangements.

Resilient Minds, Empowered Youth project will provide opportunities for improved mental health, wellbeing, and resilience outcomes for young people across the Shoalhaven. The application details a holistic approach to providing whole of community opportunities so that young people are supported by the broader community in efforts to improve mental health and wellbeing.

The first two components of this project include the delivery of Youth Mental Health First Aid and Teen Mental Health First Aid Training in partnership with Headspace, Sonder Youth and the ISLHD. These are evidence-based training sessions that provide young people and adults who interact with young people with the tools to respond to peers presenting with mental illness or crisis situations.

The third component of this project provides unique and innovative training opportunities to build the capacity of young people through building resilience and mitigating risk of mental illness. To facilitate this, Change the Cycle will be engaged to provide community GRIT programs. GRIT is a high impact, evidence-based workshop which is underpinned and informed by a number of theoretical frameworks.

This project focuses on boosting existing service delivery by providing the resourcing needed to ensure increased and sustained participation.

Community Engagement

This project by Shoalhaven City Council is supported by key community services, such as Headspace Nowra, the Illawarra Shoalhaven Local Health District (ISLHD) Clinical Services Youth Health Team and Sonder Youth, along with key youth focused groups including local high schools and the Youth Advisory Committee.

This process was initiated by a call to action from our Youth Advisory Committee members who noted the increased need for youth mental health and wellbeing services and capacity building initiatives.

Council is involved in a number of interagencies and networks, and all relevant networks to community wellbeing and youth issues have raised concerns over youth mental health and wellbeing along with building resilience, especially as a result of the adverse events faced by young people over the last two years in the Shoalhaven.

This project will have large, continued community engagement. The first two components of this project will be delivered to student and teacher cohorts across five of the seven local high schools who identified support needs for delivering the training. The third component will seek opportunities to engage with a diverse cohort of young people, including those who are disengaged from mainstream education streams.

The Community Capacity Building Team and project partners will manage the ongoing community engagement to ensure relevancy and sustained participation.

Financial Implications

The project application details an expected in-kind contribution by Shoalhaven City Council amounting to $5,730.72. Council staff will provide project co-ordination and communication/promotion support to this value which will be built into forward work plans.

Risk Implications

There is a reputational risk associated with not accepting the grant. Delays in accepting grant funding may also lead to delays and risk associated with delivery outcomes of the project.

Ordinary Meeting – Monday 12 September 2022

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CL22.402 Boongaree - Additional Vehicle Parking Proposal - Consultation Outcomes and Proposed Way Forward

HPERM Ref: D22/342856

Department: Community Planning & Projects

Approver: Jane Lewis, Director - City Lifestyles

Attachments: 1. Signage and Linemarking Plan - Boongaree 2020 ⇩

2. Boongaree Car Parking Survey - Consultation Overview Report (under separate cover) ⇨

Reason for Report

To update Council on the recent community consultation regarding vehicle parking at Boongaree including proposed additional 90-degree car parking spaces along North Street, 80m west of Alexandra Street, Berry and the long vehicle parking provisions to determine a way forward.

Recommendation

That Council:

1. Receive the outcomes of the recent community consultation of for their information.

2. Progress to the development of construction ready designs and any necessary assessments for the proposed additional 90-degree car parking spaces along North Street, 80m west of Alexandra Street, Berry.

3. Progress to delivery of the additional car parking proposal as soon as possible.

4. Source funding for the additional car parking proposal, with consideration to an alteration to the Low-Cost Loan Initiative.

5. Undertake a Vehicle Turning Assessment for the entry to the proposed long vehicle parking location as per the adopted Master Plan.

6. Subject to the compliance with the Vehicle Turning Assessment proceed with the delivery of the long vehicle parking as part of Stage 5 of the adopted Master Plan.

7. Inform the community of the outcome of the Vehicle Turning Assessment and way forward.

8. Investigate opportunities to introduce appropriate safe passage measures at the intersection of North Street and Prince Alfred Street and prepare a future report to the Shoalhaven Traffic Committee.

Options

1. Accept the recommendation.

Implications: This aims to address current parking issues at Boongaree in a timely manner, by providing additional formalised car parking options for users. Whilst the additional car parking proposal will not provide a net gain in car parking spaces, but it will formalise an area currently used for informal parking. This is in line with the majority of community expectations. It will also allow for investigation of community safety concerns regarding long vehicles and pedestrian access to be considered.

2. Do not accept the recommendation and provide further direction.

Implications: Pending the nature of an alternative resolution, this may not address current parking and community safety concerns at Boongaree and not in line with the majority of the community’s expectation.

Background

Boongaree, (previously Berry District Park) has provided a unique opportunity to reinvigorate the northern edge of the township of Berry following the introduction of the Berry bypass. Council endorsed the original Master Plan for the site in December 2018, with 7 stages that have been identified for delivery.

Historically parking planning for Berry has been delivered in line with the town centre development control plan (DCP) rates, with an understanding that parking demands can exceed the minimum DCP rates based on seasonal demands. Availability of car parking in Berry has received increasing pressure in recent years, prior to the opening of Boongaree, with North St having been identified as overflow parking for both town centre and showground users.

The Boongaree signage and line marking plan was reported to the Shoalhaven Traffic Committee. At the Council’s Ordinary Meeting on 24 November 2011, Council resolved (MIN20.865):

“That the Chief Executive Officer (Director City Services) be advised that the Shoalhaven Traffic Committee has no objection to the proposed signage and line marking associated with the Boongaree Park Carpark, as per Plan No: D20/473599.”

The signage and line marking plan associated with Boongaree can be viewed in Attachment 1.

Since the opening of Stage 1 Boongaree - Nature Play Park, the attraction has received high visitation rates. The impact of additional visitors and vehicles has had an impact on the local community and more specifically, the neighbouring residents. Although the upcoming Stages 5 and 7 will deliver an additional 190 parking spaces, residents have voiced their concerns on current car parking availability to Council. In response, Council proposed to relieve the parking pressure for residents by immediately delivering additional car parking spaces at Boongaree, including:

· Fast tracking Stage 1B car parking, introducing an additional 48 spaces

· Opening consultation regarding the formalisation of 80 lineal metres along the north side of North St, to the west of the Alexandra St intersection.

The fast tracking of Stage 1B is currently being undertaken and is due to be opened to the public by October 2022.

Taking into consideration the area to the west of Alexandra St intersection had previously been investigated and rejected during consultation of the Boongaree Master Plan, Council recently re-opened consultation for this area as a result of increasing community pressure, as well as regular damage to this area due to use during wet weather conditions.

Additional Car Parking Proposal

The proposed site for the additional parking spaces is already being utilised as an informal parking area. The current arrangement is resulting in issues with bogging, mud, and no direction on method of parking. The proposal will not provide a net gain in parking area, however it will provide additional formalised parking options in all weather conditions.

The 80m stretch of parking is estimated to produce 32 (approximately) 90 degree parking spaces, in addition to the adopted Boongaree Master Plan. The area impacted by the proposal is depicted in red in the images below.

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Figure 1. Proposed 80m additional 90-degree carparking spots.

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Figure 2. Proposed parking in relation to the Boongaree Master Plan.

Long Vehicle Parking

The long vehicle parking area is part of the adopted Boongaree Master Plan, which is included under Stage 5. Council has received some representation to remove the long vehicle parking from Boongaree, with the expectation that long vehicles can utilise the Berry Showground for parking.

Given the distance from the Berry Showground, it is anticipated that Boongaree users with long vehicles would not utilise parking at Berry Showground. The removal of the formal long vehicle parking from Boongaree would likely result in long vehicles parking at the kerb or illegally in the vicinity of Boongaree.

Pedestrian Safe Passage Measures

The installation of a traffic refuge or similar safe passage measure at the intersection of North St and Prince Alfred Street will create a dedicated connection to the parks’ entrance and to the town centre parking.

Council understands that there may be an opportunity to progress this concept with Traffic for New South Wales (TfNSW) and will further investigate the feasibility and funding of this option.

Community Engagement

Community consultation for issues associated with Boongaree Car Parking occurred between 9 June and 10 July 2022.

The consultation was hosted on Council’s Get Involved page and the consultation was widely advertised throughout the community. Alternative options to participate were provided for residents who may not have internet access. The two key questions asked in the survey was to obtain level of support for the additional parking proposal, and to provide additional feedback on future parking provisions as per the Master Plan.

A total of 94 survey responses were received. The highest age group represented was 50 years of age and older. The majority of the responders lived in Berry however, the remaining participants represented 20 other Shoalhaven communities and one submission was from Sydney.

A total of 74 respondents (78.7% of responses) support the proposed additional 90-degree car parking along North Street. With 20 respondents (21.3%) were not in support of the proposal. The respondents not in favour of the parking provided feedback, below is a summary of common themes in the responses:

· Additional Stage 7 parking can be delivered concurrently with future stages

· Cars use this area currently – the proposal will not provide more parking

· Decrease in amenity for North Street residents

· Increase in congestion

· Increase in vehicular and pedestrian traffic along North Street

· Lack of adequate parking should have been addressed earlier

· Long vehicles/caravans will need to use Showground for waste disposal

· Pedestrian traffic along North Street as dangerous

· Suggestion for additional parking further towards eastern part of North Street

· Suggestion for overflow parking to be provided at Showground

· Suggestion to reconsider long vehicle parking

· Unsafe pedestrian crossing from Boongaree to Berry Town Centre

· Vehicular traffic as danger to children as main users of Boongaree, and

· Will increase road user conflicts and dangerous manoeuvring.

Long Vehicle Parking

One of the main concerns raised as part of overall parking concerns is the location of the Long Vehicle Parking. Community members believe that they had not been adequately consulted on the location and have raised concerns on suitability of location with regards to traffic safety, amenity, and suitability of amenities.

Attachment 2 provides a detailed breakdown of the community consultation results.

Feedback to Common Concerns

Staging

The staging of car parking surrounding Boongaree was determined to provide the least impact to internal construction. It has been determined that fast tracking Stage 5 and 7 parking would impact future construction activities, such as construction access and public safety implications to users. Stage 7 will be further implicated by ongoing changes to drainage design as a result of updated hydrological models. For the above reasons, fast tracking parking in the upcoming Stages 5 and 7 was deemed a high risk to fast track with insufficient benefits to community outcomes.

The traffic impact assessment undertaken for Boongaree assumed that all of the 237 spaces proposed for the project would be provided for the development, there was no consideration to how these car parking spaces would be delivered in terms of staging. However, staging of initial works were largely driven by availability of grant funding, which was closely linked to playground outcomes.

Council have assessed the delivery of the proposed parking along North St will not impact future construction activities and can be progressed immediately. Once approval is given, this can be delivered in approximately 3 months subject to weather, and availability of contractors.

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Figure 3. Boongaree Staging Plan.

Congestion and traffic increases

The additional parking proposal will formalise an area that is already utilised for informal parking. The proposal to formalise this area and provide additional 90-degree parking spaces is not anticipated to attract further vehicular traffic than what is currently being experienced.

Long Vehicle Parking

Staff consider the community concerns around vehicle safety should be investigated and that a traffic movement study should be undertaken to understand the turning circle required for a long vehicle to enter this parking area. Should this Assessment determine that the access is compliant, the long vehicle parking should remain as this location and be delivered in accordance with the adopted Master Plan. Should the Assessment determine the proposal is not compliant further investigations will be undertaken and advised to Council.

Next Steps

Additional 90-degree Car Parking

Pending Council’s resolution, the Community Planning and Projects Department and Asset Custodians propose to work collaboratively to progress the proposed additional 90-degree car parking spaces along North Street, Berry to detailed design and construction.

Upon the completion of detailed designs and assessments, Council will establish a timeline for delivery and provide an update to the community.

Long Vehicle Parking

Pending Council’s resolution, the Community Planning and Projects Department will undertake a Vehicle Turning Assessment.

Pedestrian Refuge

Pending Council’s resolution, Staff will investigate the feasibility of pedestrian safety measures with other internal staff and TfNSW along with potential funding options.

Financial Implications

A budget for the additional car parking proposal has not been allocated to the Boongaree project. With current contracted works, it is unlikely that the current nominated budget will be sufficient to undertake the additional works. It is understood the additional 90-degree car parking will cost approximately $300,000 to complete, with final costing to be established following finalisation of design.

Potential funding options for the additional parking proposal include:

· Reallocation from Multi-Sport Grant for Boongaree Stage 5 and 7

· Alteration to the Low-Cost Loan initiative

· Securing of further grant funding

· Shifting funding from other projects across Council

· Bringing forward funding in outyears

Council will progress with funding of this project, understanding that the preferred funding sources is an alteration to the Low-Cost Loan Initiative (LCLI).

Risk Implications

Given the current visitation rates at Boongaree, the project will need to be delivered timeously to provide benefit to the community, as additional parking within Stages 5 and 7 are expected to become available within 18-24 months.

The impacts of La Nina throughout 2022 have severely impacted construction projects being delivered by Council. With La Nina expected to continue throughout the spring/summer 2022 period, additional impact and delays to projects are possible. La Nina proposes a risk to this project being delivered in a timely manner.

Ordinary Meeting – Monday 12 September 2022

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CL22.404 Compulsory Acquisition of Water Easement - Lot 203 DP 883494 - 14 Reservoir Lane Cambewarra

HPERM Ref: D22/295376

Department: Technical Services

Approver: Robert Horner, Executive Manager Shoalhaven Water

Attachments: 1. Water Easement Acquisition Plan ⇩

Reason for Report

This report provides Council with an opportunity to consider the compulsory acquisition of a water easement under the Land Acquisition (Just Terms Compensation) Act 1991 over Lot 203 DP 883494.

Recommendation

That Council;

1. Approve the making of the necessary applications to the Minister for Local Government and the Governor, for approval to acquire an easement for water over Lot 203 DP 883494, by compulsory process in accordance with the Local Government Act 1993 and Land Acquisition (Just Terms Compensation) Act 1991 for the purpose of a water easement;

2. Pay compensation for the acquisition including all ancillary costs, in accordance with the determination of the Valuer General under the provisions of the Land Acquisition (Just Terms Compensation) Act 1991;

3. Fund all costs associated with the acquisition of the water easement from the Water Fund.

4. Affix the Common Seal of the Council of the City of Shoalhaven to any documents required to be sealed, otherwise, the Chief Executive Officer is authorised to sign any documentation necessary to give effect to this resolution.

5. Note that Council Officers will continue to negotiate the easement acquisition by agreement until such time as a Proposed Acquisition Notice is issued to the land owner.

Options

1. Resolve as recommended

Implications: Council approve the compulsory acquisition of the required water easement under the provisions of the Land Acquisition (Just Terms Compensation) Act, 1991 for the purpose of essential infrastructure required to service the Moss Vale Road Urban Release Area. It will provide Council with legal rights to the access, operation & maintenance of the infrastructure.

2. Not resolve as recommended

Implications: Failure to acquire the easement will lead to a delay in the delivery of the required infrastructure to service the Moss Vale Road URA. This has potential to delay the delivery of essential public infrastructure and risk to development of land and housing in the Moss Vale Road Urban Release Area.

Background

The subject water easement has been identified as a requirement for essential services to facilitate construction and future operation/maintenance of water supply that will support residential subdivisions within the Moss Vale Road Urban Release Area.

The proposed easement is marked W1 and is outlined in blue over part Lot 203 DP 883494 in Attachment 1.

The negotiation process has failed to reach agreement within the mandatory 6-month negotiation period. Set out below, in chronological date order, is an account of Council’s attempts to obtain a mutually agreeable resolution to acquire a water easement by agreement:

a. 10 February 2022 – Initial contact made with the landowner to arrange on-site meeting and provide preliminary information on the required easement.

b. 17 February 2022 – On-site meeting with landowner.

c. 23 February 2022 – Council obtains an independent valuation report which assessed the value of the easement.

d. 24 February 2022 – Letter of offer for compensation and notification of the commencement of the 6-month negotiation period issued to the landowner.

e. 25 February 2022 – Landowner rejects Council offer of compensation and requests the location of the pipeline be reviewed.

f. 01 March 2022 to 08 April 2022 – Discussions with the landowner confirming the location of the pipeline and acquisition process.

g. 08 April 2022 to 27 May 2022 – No correspondence from landowner received.

h. 27 May 2022 – Landowner’s solicitor contacts Council Officer, advising that they have been engaged to act on behalf of the landowner.

i. 30 May 2022 to 07 July 2022 – Solicitor arranging a second independent valuation on behalf of the landowner.

j. 08 July 2022 – Council Officer accepts fee proposal for valuation to be completed by independent valuer.

Given the above and the delivery timeframes of the Moss Vale Road Urban Release Area, Council is seeking to progress to compulsory acquisition as the stipulated minimum negotiation time frame in the Land Acquisition (Just Terms) Compensation Act has been exceeded.

Notwithstanding the above, it is always Council’s preference to acquire interests in land by agreement. Staff will continue to negotiate with the landowners in the hope of an early resolution and agreement prior to the issue of a Proposed Acquisition Notice to the landowner.

Community Engagement

Broader community engagement is not required for operational purposes such as an easement acquisition.

Policy Implications

Nil.

Financial Implications

Compensation and all costs associated with the acquisition are to be funded from Council’s Water Fund. Should early resolution not be achieved, the compensation will be determined by the Valuer General, as detailed in the above Recommendation.

Risk Implications

Acquisition of the easement is necessary to secure Shoalhaven Water’s legal rights to construct, access, operate and maintain essential public infrastructure.

Ordinary Meeting – Monday 12 September 2022

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CL22.406 Notice of Motion - Bay and Basin Boxing Club - Identification of a Site for Building

HPERM Ref: D22/345134

Submitted by: Clr Greg Watson

Purpose / Summary

The following Notice of Motion, of which due notice has been given, is submitted for Council’s consideration.

Recommendation

That Council investigate for the location of a suitable site to establish a facility for the Bay and Basin Boxing Club.

Background

We would like to investigate into the possibility of the use of council land at the Clifton Park area in Sanctuary Point (opposite to Idlewild av.) to locate a shed to be used as a boxing and fitness gym for our boxing club which has served in this community for almost 18 years. In the past near 18 years I have used my own financial backing to provide a place for people in our community to engage in boxing and other related health and fitness activities at a cost of over $240,000. I am now asking for help with continuing this service as Covid has substantially affected my ability to do this alone anymore.

I have identified an area that is suitable for our needs of placing a 20x20m shed to house a boxing ring and equipment necessary to participate in the sport along with the potential to offer the space to other similar types of combative sports in the area that would benefit from this type of setup. Our goal is simply to keep providing the activity in the district as we have over the years to help with the following benefits to the community:-

1. We provide a service that helps with the control of violence and physical related criminal activity within the community. Our boxing program provides a safe and controlled environment where both kids and adults have the opportunity to have a physical outlet that is otherwise not provided for in the general public areas or in other gyms.

2. We support and mentor youth and young adults in the area to become better people and to understand and respect community values.

3. Our club and coach are registered and licenced to allow people from our district to compete across Australia in the sport of boxing and kickboxing and in the past we have achieved great success for our local community with NSW State title holders from Novice to Elite levels, an East Coast Lightweight Champion as well as brining the first Female competitors in the whole region into the sport.

4. Some of our volunteering members are from the older age range in our community who assist in the mentoring and support of the younger generation which serves as both an inclusive and a diverse platform where we bring every generation together with a common interest. Some of these older generation volunteers are previous Olympic Champions boasting multiple gold medals for Australia along with a range of other huge achievements for sport in our country.

5. By offering our services we battle the boredom factor for young people in the area giving them direction in their lives and provide a healthy and challenging sport to focus their time and efforts on. This has shown in the past with many success stories that we do have an impact on the lives of young people who would have otherwise followed the path of crime and un-employment in the area. We have seen kids destined for failure in life gain employment, start business in the area that have stayed to support local industry and development, take on mentoring roles themselves to help others like them, marriages and families initiated through the gym and many other wonderful stories all coming directly from our club.

6. Promoting a healthy lifestyle to the community for both physical and mental well-being.

7. We also help families, kids and adults with everyday life issues. With our community within the club there are tradies, business owners, mentors and many other professions that are only too happy to help others in any way they can when it is identified that some people need help but don't ask for it. We have helped with food, clothing, equipment, travel, household items and employment. We can refer people to services that can help them overcome any adversities in their lives through a strong network of individuals involved with our club.

8. There is a strong message of acceptance and anti-bullying or anti-violence in our club which we promote to young and old. Empathy and understanding are the fundamentals to our ethos along with balance in life. It is no secret that during and after Covid's effects on our society that there is a huge disconnect in community and we have seen a horrible trend in the spike of violence in the community especially amongst younger generations. Mistrust for authority and government is at an all time high along with depression and a feeling of helplessness. Our club is a way for people to reconnect and hopefully over time a way for everyone to come together again and regain the ability to have control over their lives.

Whilst we understand that our sport is not for everyone and some people don't understand why we do what we do, boxing and combat sports have been around for a very long time and have been providing the above-mentioned benefits to communities everywhere behind the scenes. We are as essential to society as a doctor or supermarket or other types of essential services. We deal with parts of the community that most chose to turn a blind eye to or that come from backgrounds or situations most people have no understanding of. I can only say thank God they don't know too! Over the years I have seen and heard things that I sometimes wished I never knew too. But I also realised that by pretending these things don't happen to kids or adults I too become part of the problem that perpetuates these issues in society. I promised myself and many people that reached out for help that I will never turn my back on them and do whatever I can to save as many as I can from the fates they are dealt with. This is why I am appealing to you for help for our club to keep existing because as long as we can make a change in people’s lives I will fight for them to my last breath.

My idea for this gym is to access any grants/funding that is available for this type of project and build a 20x20m shed fitted out with amenities and equipment necessary for our activity. Ballparking a total cost of around $120,000 to complete. We have people in the club in trades that can assist to reduce this cost where possible. A percentage of profits will be returned into community programs in the area that also need help along with referrals to youth mentoring services, welfare agencies and other similar sporting clubs where possible. The remaining profits would be used to pay our way for the future sustainability of the club in its location through a leasing arrangement with Council for the use of land. The location has minimal effect on the surrounding community being in an area set away from houses in a high traffic area where our noise would not be noticed by any residents in the vicinity of the gym.

I appreciate your time in this matter and simply asking that you help me in this fight to help others.

Kind regards

Justin ...

(Head Coach) Bay and Basin Boxing Club

[1] A Biodiversity Development Assessment Report (BDAR) would be required for constructing the road on land that is not biodiversity certified, i.e. within this road reserve.

Total Venue Hire Costs	Fees
Venue Hire Rugby Park and Bomaderry Sporting Complex at the Community Hire rate (based on 14-day bump in and out)	$10,152
Cost to operate Bomaderry Aquatic Centre (including hire fees, operating expenses and foregone income)	$26,000
Pre and post inspection fee	$214
Event Application Processing Fee	$410

Total Cost	$36,776

Directorate	Name	Designated Position Start Date	Returned
City Services	Belinda Keech	15/8/2022	31/8/2022
City Development	Jitendra Chhetri	4/7/2022	31/8/2022
Shoalhaven Water	Joshua Clugston	4/7/2022	31/8/2022

1.	Casuarina & Honeysuckle – Parkcare Action Plan	Burrill Lake	Updated
2.	Kings Point – Parkcare Action Plan	Kings Point	Updated