Agenda of Ordinary Meeting of Council - 11 …2015/11/11 · 5 Cliff Street, Bowral Item 10.5 DA15/0715 Placement of a Variable Message Sign for the Purpose of Advertising - 11 &

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

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

File No: 100/2015

6 November 2015

Dear Councillor,

You are kindly requested to attend the Ordinary Meeting of Wingecarribee Shire Council to be held in Council Chambers, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 11 November 2015 commencing at 3.30pm.

Yours faithfully Ann Prendergast General Manager

SCHEDULE

3.30pm Council Meeting begins

5.30pm Questions from the Public to be read out

7.40pm Closed Council

Runing

ORDINARY MEETING OF COUNCIL

held in the Council Chambers, Civic Centre, Elizabeth Street, Moss Vale

on Wednesday, 11 November 2015 at 3.30pm.

RUNNING SHEET

Time Item

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

Acknowledgement of Country - Clr L A C Whipper

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

3.32pm Opening Prayer – Reverend Garry McMahon, Church of Christ, Bowral

3.35pm Apologies (if any)

Adoption of Previous Minutes – Wednesday, 28 October 2015

Business Arising (if any)

Declarations of Interest (if any)

Mayoral Minute (if any)

Public Forum (if any)

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

Visitor Item –

Item 10.1 Audited 2014/15 Financial Statements

Item 10.2 DA 15/0284 Construction and Operation of a KFC Restaurant - 98 Bowral Road, Mittagong

Item 10.3 DA 15/0434 Construction and Operation of a Woolworths Service Station - 96 Bowral Road, Mittagong

Item 10.4 DA 14/1328 Construction of a 16 Multi-dwelling Development and Demolition of Existing Dwelling - 11 Clarke Street and 5 Cliff Street, Bowral

Item 10.5 DA15/0715 Placement of a Variable Message Sign for the Purpose of Advertising - 11 & 17 Pikkat Drive, Braemar

Item 10.6 DA 15/0633 Demolition of Two Dwellings and a Nine (9) Lot Residential Subdivision - 139-155 Merrigang Street, Bowral

Council Reports

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

5.30pm Questions from the Public - to be read

Continuation of Council Reports

General Business Questions

Questions with Notice

Notices of Motion

7.40pm Closed Council

8.00pm Meeting Closed

Ann Prendergast General Manager

AGENDA FOR THE ORDINARY MEETING OF COUNCIL

Wednesday 11 November 2015

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Business

1. OPENING OF THE MEETING

2. ACKNOWLEDGMENT OF COUNTRY

3. PRAYER

4. APOLOGIES

Nil

5. ADOPTION OF MINUTES OF PREVIOUS MEETING

Ordinary Meeting of Council held on 28 October 2015

6. BUSINESS ARISING FROM THE MINUTES

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

8. MAYORAL MINUTES

9. PUBLIC FORUM

COMMITTEE OF THE WHOLE

10. VISITOR MATTERS

OPERATIONS, FINANCE & RISK

10.1 Audited 2014/15 Financial Statements ................................................... 2

CORPORATE, STRATEGY & DEVELOPMENT SERVICES

10.2 DA 15/0284 Construction and Operation of a KFC Restaurant - 98 Bowral Road, Mittagong ......................................................................... 5

10.3 DA 15/0434 Construction and Operation of a Woolworths Service Station - 96 Bowral Road, Mittagong .................................................... 30

10.4 DA 14/1328 Construction of a 16 Multi-dwelling Development and Demolition of Existing Dwelling - 11 Clarke Street and 5 Cliff Street, Bowral ................................................................................................. 53

10.5 DA15/0715 Placement of a Variable Message Sign for the Purpose of Advertising - 11 & 17 Pikkat Drive, Braemar .................................... 77

10.6 DA 15/0633 Demolition of Two Dwellings and a Nine (9) Lot Residential Subdivision - 139-155 Merrigang Street, Bowral ................ 93

11. EN BLOC MOTION

12. OPERATIONS FINANCE & RISK

12.1 Proposed Right of Carriageway Over Council Property, 39 Station Street, Bowral ....................................................................................109

12.2 Licence Agreements to Country Women's Association of New South Wales and South Western Sydney Local Health District, Winifred West Park, Mittagong .........................................................................110



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12.3 Crown Reserve Licence Agreement, Proposed Men's Shed on part Quigg's Reserve Canyonleigh (Crown Land) ......................................113

12.4 Bulk Materials Tender .........................................................................119

12.5 Shredding Green Waste and Crushing Concrete Tender at The Resource Recovery Centre .................................................................123

12.6 Sale of Recycled Metal Tender ...........................................................127

12.7 Rates and Charges for Community Based Not-For-Profit Organisations .....................................................................................130

12.8 Council Facilities Committee Appointment of Community Representatives ..................................................................................134

13. CORPORATE STRATEGY & DEVELOPMENT SERVICES

13.1 Development Applications Determined 1.10.2015 - 25.10.2015 ..........138

13.2 Development Applications Received 1.10.2015 - 25.10.2015 .............145

13.3 Wingecarribee Community Assistance Scheme Guidelines 2016 .......152

Mayor to resume chair at 5.30 pm

COUNCIL MATTERS

14. GENERAL MANAGER

Nil

15. DELEGATE REPORTS

16. PETITIONS

Nil

17. CORRESPONDENCE FOR ATTENTION

Nil

18. COMMITTEE REPORTS

18.1 Management and Advisory Committee Reports ..................................165

18.2 Minutes of the Community Development Committee held on the 1 September 2015 .................................................................................167

18.3 Minutes of the Economic Development and Tourism Commnittee Meeting held on Thursday, 15 October 2015 ......................................184

18.4 Minutes of the Environment and Sustainability Committee Meeting held on Wednesday, 21 October 2015 ................................................192

18.5 Minutes of the Business Units Committee SRLX Meeting held on Friday, 23 October 2015 .....................................................................198

18.6 Minutes of the Business Units Committee RRC Meeting held on Friday, 23 October 2015 .....................................................................209

19. QUESTIONS WITH NOTICE

Nil

20. NOTICES OF MOTION

20.1 Notice of Motion 50/2015 - The Southern Highlands Community



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Patient Support Programme and Cancer Fund ...................................222

21. GENERAL BUSINESS

Nil

22. CLOSED COUNCIL

Moving into Closed Session ......................................................................... 223

22.1 Proposed Right of Carriageway Over Council Property, 39 Station Street, Bowral This report is referred to Closed Committee in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)(c) as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and the Council considers that it would be on balance contrary to the public interest to consider this information in Open Council.

22.2 Bulk Materials Tender - Closed Report This report is referred to Closed Committee in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)(c) as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and the Council considers that it would be on balance contrary to the public interest to consider this information in Open Council.

22.3 Shredding Green Waste and Crushing Concrete Tender at the Resource Recovery Centre This report is referred to Closed Committee in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)(c) as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and the Council considers that it would be on balance contrary to the public interest to consider this information in Open Council.

22.4 Sale of Recycled Metal Tender This report is referred to Closed Committee in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)(c) as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and the Council considers that it would be on balance contrary to the public interest to consider this information in Open Council.

23. RESUMPTION OF OPEN COUNCIL

Resumption of Open Council

Adoption of Closed Session

24. ADOPTION OF COMMITTEE OF THE WHOLE

25. MEETING CLOSURE



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Our Mission, Our Vision, Our Values

OUR MISSIONTo create and nurture a vibrant and diverse community growing

and working in harmony with our urban, agricultural and natural

environments

OUR VISION

OUR VALUES

Environment: ‘A community that values

and protects the natural environment

enhancing its health and diversity’

Economy: ‘A strong local economy that

encourages and provides employment,

business opportunities and tourism’

Leadership: ‘An innovative and effective

organisation with strong leadership’

People: ‘A vibrant and diverse

community living harmoniously,

supported by innovative services and

effective communication with Council’

Places: ‘Places that are safe,

maintained, accessible, sympathetic to

the built and natural environment, that

supports the needs of the community’

Integrity, trust and respect

Responsibility and accountability

Communication and teamwork

Service quality



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Council Chambers

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

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

Entrance

Door

Media Table

Public Public

Councillors

MayorClr Larry Whipper

General ManagerAnn Prendergast

Minute TakerElizabeth Johnson



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DECLARATIONS OF INTEREST

101/3, 101/3.1

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



REPORT DEPUTY GENERAL MANAGER OPERATIONS, FINANCE & RISK

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COMMITTEE OF THE WHOLE

10 VISITOR MATTERS

OPERATIONS FINANCE & RISK

10.1 Audited 2014/15 Financial Statements

Reference: 2105 Report Author: Chief Financial Officer Authoriser: Deputy General Manager Operations, Finance & Risk Link to Corporate Plan: Ensure systems and processes are in place to achieve

mutual trust and collaboration

PURPOSE

To present the audited Annual Financial Statements for the year ended 30 June 2015 and to receive comments from Council’s Auditors representative, Mr Phillip Webster.

RECOMMENDATION 1. THAT Council adopts the Audited Financial Statements for 2014/15. 2. THAT Council adopt the Auditors Report for 2014/15. 3. THAT Council’s Auditor Mr Phillip Webster be thanked for his comments and

the information be noted.

REPORT

BACKGROUND

Council endorsed the external audit of the Annual Financial Statements for the year ended 30 June 2015 at its Ordinary Meeting on Wednesday 23 September 2015.

REPORT

Council’s Auditors, Warton Thompson & Co, have now completed the audit for the year ended 30 June 2015 and have issued their ‘Independent Audit Report’ in accordance with Section 417(2) of the Local Government Act 1993. The audit was completed on the 20 October 2015. In accordance with Section 418(3) of the Local Government Act 1993, Council has given seven (7) days public notice of the date proposed to present the Audited Financial Reports and the Auditor’s Reports to the Council. In accordance with Section 420 of the Local Government Act 1993, any person may make a submission in writing to Council with respect to the Council’s Audited Financial Statements or the Auditor’s Report. Submissions will be received up till the close of business 18 November 2015.




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A copy of the Annual Financial Statements has been provided to Councillors under separate cover. The Annual Financial Statements have also been placed on Council’s website. Council’s External Auditor, Mr Phillip Webster from Warton Thompson & Co, has been invited and has accepted an invitation to provide comments on Council’s audited Annual Financial Statements and the Audit Report for the period ended 30 June 2015.

IMPACT ON FIT FOR THE FUTURE PROPOSAL OUTCOME

Whilst there are no direct implications on Council’s Fit for the Future Proposal as a result of this report, the Annual Financial Statements includes financial ratios which measures Council’s performance against a number of the Fit for the Future Benchmarks. It is important to note these ratios reflect Council’s performance against these benchmarks for the year ended 30 June 2015. In responding to the State Government’s Fit for the Future reform agenda, Council identified a number of improvement strategies which are aimed at achieving these benchmarks by 2019/20.

These ratios can be found on pages 53-54 (General Purpose Financial Report) and page 20 (Special Schedules).

CONSULTATION

External Consultation In accordance with Section 420 of the Local Government Act 1993, any person may make a submission in writing to Council with respect to the Council’s Audited Financial Statements or the Auditor’s Report. Submissions will be received up till the close of business 18 November 2015.

SUSTAINABILITY ASSESSMENT

Environment

There are no environmental issues in relation to this report.

Social

There are no social issues in relation to this report.

Broader Economic Implications

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

Culture

There are no cultural issues in relation to this report.

Governance

As stated in the Independent Audit Report prepared by Warton Thompson and Co, Council’s accounting records have been kept in accordance with the requirements of the Local Government Act 1993, Chapter 13 part 3 Division 2.




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COUNCIL BUDGET IMPLICATIONS

There are no direct financial implications as a result of this report. The year end result against budget for the 2014/15 financial year was presented to the Finance Committee on the 21 September. The budget result for 2014/15 (after Council approved reserve transfers) was a balanced budget.

RELATED COUNCIL POLICY

There are no Council policies specifically referenced in this Report.

OPTIONS

Council is required to receive and adopt the Audited Financial Statements for 2014/15 under Section 419 of the Local Government Act 1993.

CONCLUSION

It is recommended that Council receive and adopt the audited Annual Financial Statements for the year ended 30 June 2015 and that Council’s Auditor Mr Phillip Webster be thanked for his comments.

ATTACHMENTS

There are no attachments to this report. Barry W Paull Deputy General Manager Operations, Finance & Risk Friday 6 November 2015



REPORT DEPUTY GENERAL MANAGER CORPORATE, STRATEGY & DEVELOPMENT SERVICES

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CORPORATE STRATEGY & DEVELOPMENT SERVICES

10.2 DA 15/0284 Construction and Operation of a KFC Restaurant - 98 Bowral Road, Mittagong

Reference: 15/0284 Report Author: Acting Team Leader Town Planning Authoriser: Group Manager Planning, Development & Regulatory

Services Applicant: Brett Cooper, Cooper Wilson Commercial Owner: Nusana Pty Ltd Link to Corporate Plan: Ensure future development respects the character of the

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

PURPOSE The purpose of this report is to consider a development application, DA 15/0284, which seeks consent to construct a KFC restaurant and undertake ancillary works such as car parking, internal access road, drive through, signage and landscaping at 98 Bowral Road Mittagong. The application has been requested by Councillors to be determined at a Council meeting. Consequently, this report is prepared for determination, and recommends approval, subject to conditions.

VOTING ON THE MOTION

Councillors are required to record their votes on this matter.

RECOMMENDATION

THAT development application DA 15/0284 for the construction and operation of a KFC restaurant at Lot 2 DP1187383, 98 Bowral Road, Mittagong be approved subject to conditions as described in Attachment 1 to the report.

REPORT

Subject Site and Locality The site is known as 98 Bowral Road, Mittagong (Lot 2 DP1187383). The site is square in shape being 2556m2 in size. Figures 1 & 2 identify the site. The site is bound by Bowral Road to the north, and private land holdings to the east, south and west. The site sits approximately 1km west of the Bowral Road / Old Hume Highway intersection in Mittagong. The site has a fall of 4m from the south west of the site to Bowral Road. Vegetation on the site has been restricted to the undeveloped south western corner of the land, being




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established and mature vegetation standing 10-15m tall. The business ‘Roundabout the House’ currently occupies the remainder of the property. Surrounding land uses include Southern Highlands Building Supplies and Kennard’s Hire to the east, the Main Southern Rail Line to the south with residential uses further south, Ranbuild to the west with residential uses to the north west and north. A Caltex Service Station lies to the north east.

Figure 1: Locality Plan




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Figure 2: Aerial Image

Background

On 21 February 2014, a development application for a KFC restaurant (DA 14/0151) was lodged with Council for consideration on the same site. This application was refused for a variety of reasons including not adequately achieving the objectives of the B7 Business Park zone, a number of non-compliances with the Mittagong DCP, and impacts on traffic movements/generation and stormwater management.

On 8 December 2014, Council staff (Town Planner, Development Engineer and Transportation Planning Officer) met with the developer and NSW Roads and Maritime Services to discuss the reasons for refusal (predominantly traffic matters). At this meeting, brainstorming options for the Bowral Road access treatment to the site were discussed and agreed upon; pending the lodgement of a satisfactory development application supported with a Traffic Management Report reflecting the agreement.

Details of Proposal

On 7 April 2015, DA 15/0284 was lodged with Council seeking consent to construct a KFC restaurant and undertake ancillary works such as car parking, internal access road, drive through, signage and landscaping at 98 Bowral Road Mittagong. Plans of the proposed development are at Attachment 2 to this report. The development would comprise the following:

Construction and fit out of a building for use as a KFC restaurant:

o floor area of 270.8m2 including commercial kitchen and servery area, waste

disposal area, male, female and accessible bathrooms, 56 internal and 16 external seats, cool rooms, drive through window and managers office;

o Building height ranging from 4.5m to 6m (including services).




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o A set back of 10m from Bowral Road, 3.86m from the western side boundary

and 11.5m from the rear of the site.

o Building finishes such as dura-groove “smooth wide” cladding, Colorbond,

ExoTec, blade walling (illuminated) and aluminium louvers.

o Colour palate - charcoal, red, white, grey and painted/textured ‘woodgrain’.

Construction of a 10m wide shared access road (not to be dedicated to Council) and upgrade of the existing access to the site from Bowral Road. Road construction would involve road guttering, bitumen surface and stormwater drainage works;

Provision of 24 car spaces on site, including one accessible car space;

A vehicular drive through for food orders and pick up;

Construction of two wet weather covers at the drive through order points;

Construction of a retaining wall to the southern wall and the western wall (ranging in height from 1.56m to 2.38m);

Landscaping to the site including a mix of Japanese Box hedging (maintained at 400m high), 600mm tall Gardenia, 300mm tall Dwarf Sacred Bamboo and 450mm tall Dietes along the Bowral road frontage and the western boundary, with some landscaping to the rear boundary also;

Signage to the site including:

o Advertising sign 5.1m tall, 1.2-1.4m wide, illuminated, separate from the

building at the Bowral Road Boundary;

o Northern elevation:

Illuminated 2.4m x 2.4m ‘Colonel’ graphic sign; Illuminated 900mm tall (2.1m in length) ‘KFC’ white sign;

o Eastern elevation:

Illuminated 2.4m x 2.4m ‘Colonel’ graphic sign; Illuminated 1.56m long (400mm in height) ‘Krush Bar’ sign; Illuminated 900mm tall (2.1m in length) ‘KFC’ white sign;

o Nil signage on the western and southern façades;

o Internal wayfinding signage:

Entry x 1, Drive Through x 2, Exit x 2, No Entry x 1 – all 1.8m tall 840mm wide;

o Drive Through vehicle height restriction structure; and

o 2 x Menu Boards at drive through order point 1.96m tall 1.98 wide.

Stormwater infrastructure including 10,000L rainwater tank, 31m3 detention tank, underground piping and collection pits with final discharge to Bowral Road.

Hours of operation would be Monday to Thursday 10.00am to 10.00pm, Friday and Saturday 10.00am to 11.00pm and Sunday and public holidays 11.00am to 9.00pm.




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STATUTORY PROVISIONS

State Environmental Planning Policies

State Environmental Planning Policy No 55 – Remediation of Land

Clause 7 of SEPP 55 requires the consent authority to consider whether land is contaminated prior to granting consent to the carrying out of any development on that land, and to be satisfied that the land is suitable for the proposed use. A desktop search of the property found the site has a Contamination Risk Category 1 (arsenic contamination from historical State Rail Authority petrol storage) and Category 3 (previous use for car repairs) nominated for the site. Consequently, the application was supported with two Phase 1 Contamination Reports (CH2M Hill December 1999 and Environmental Consulting Services January 2004) which were prepared as a result of historical contamination concerns. These reports were referred to Council’s Manager Environment and Sustainability for review. Comments received advised the following:

I believe there is some overlap of the land included in the 1999 study undertaken by CH2M Hill for the State Rail Authority on file LUA01/0926 (at least a small portion). Therefore I believe the conclusion of that study, and the subsequent conditions on the DA, may be relevant to the current application.

It is unsure if the applicant’s consultant considered the 1999 report, including the historic land uses identified, test results and the conclusion drawn in the report.

It would be beneficial if the consultant could advise on the significance of the 1999 study and whether this changes the conclusions of the current study.

They should also comment on suggested remediation / management requirements that were flagged in the 1999 study and in LUA01/0926 conditions.

It is noted that guideline values for many of the contaminants are different to when the 1999 study was done, after amendment to NEPM guidelines. It is possible that different conclusions and recommendations may be reached in light of the new guidelines, but this is a possibility that I would prefer the applicant’s consultant to consider.

The major concern raised by Council’s Manager Environment and Sustainability was that the 1999 report returned high levels of arsenic (494mg/kg, where the acceptable level for industrial use is 500mg/kg; determined by the National Environment Health Forum 1996) in the soil samples but where this particular reading was made on the site was not clear in either report. Consequently, Council wanted clarity on where these soil samples were and whether the reading levels of particular chemicals were still relevant.

In light of this review, the applicant was requested to provide comment towards these concerns. On 20 August 2015, additional information prepared by Environmental Consulting Services (the company that prepared the 2004 study) was submitted which satisfied Council’s Manager Environment and Sustainability concerns. The addendum advised the 1999 sample results are below the new 2015 National Environment Protection Measure site assessment criteria for commercial and industrial uses (now 3000mg/kg, not 500mg/kg). The report also advised that the re-evaluation of the 1999 data does not indicate levels of impact that require remediation or management when using the current guidelines. Consequently, Council’s Manager Environment & Sustainability does not see contamination as an impediment to the development assessment process, with SEPP 55 satisfied. To ensure appropriate disposal of waste (predominantly soils) in line with relevant EPA guidelines, Condition 37 shall be imposed.




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State Environmental Planning Policy No. 64 – Advertising and Signage

The development involves erection of business identification signage and as such SEPP 64 applies. Council must not grant development consent to an application to display signage unless the consent authority is satisfied the development is consistent with the objectives and satisfies the criteria in Schedule 1 of the SEPP.

Objectives

(1) This Policy aims:

(a) to ensure that signage (including advertising):

(i) is compatible with the desired amenity and visual character of an area, and

(ii) provides effective communication in suitable locations, and

(iii) is of high quality design and finish, and

(b) to regulate signage (but not content) under Part 4 of the Act, and

(c) to provide time-limited consents for the display of certain advertisements, and

(d) to regulate the display of advertisements in transport corridors, and

(e) to ensure that public benefits may be derived from advertising in and adjacent to transport corridors.

(2) This Policy does not regulate the content of signage and does not require consent for a change in the content of signage.

The proposed signage would be generally consistent with the objectives. Consideration of Schedule 1 is discussed below.

Schedule 1 Consideration

1. Character of the area - The desired amenity and visual character of the area is one that respects the surrounding residences whilst encouraging employment opportunities through office and light industrial uses. What Council envisages for this locality is a cohesive office and/or light industrial development, with supportive uses to provide day to day needs for workers. Whilst the character of KFC signage and development is very typical of a fast food outlet i.e. illumination, bold colours (red, white, grey/black), oversized wall mounted signs, a typical office building would not require such signage.

2. Special areas - The proposal would not detract from the visual quality of any nearby environmentally sensitive areas, heritage areas, natural or other conservation areas, open space areas, waterways, rural landscapes, however would have the potential for night time illumination to detract from nearby residential areas. Conditions 47, 48 & 49 would be imposed to regulate any glare illumination nuisance on surrounding residential properties.

3. Views and vistas – The application proposes to erect a 5.1m blade sign fronting Bowral Road. For reasons discussed within the DCP section of this report, the sign would require a reduction to 4.5m (Condition 51). This would not only ensure compliance with the DCP but would also reduce impact on the quality of the vista whilst driving west along Bowral Road from as far back as Bessemer and Pioneer Streets. It is not envisaged the proposed business identification signs would disrespect the viewing rights of other advertisers.

4. Streetscape, setting or landscape - The existing structures in the locality, and the proposed KFC building, are approximately 6m with the blade sign proposed at 4.5m.




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Consequently, it is considered the sign would be of an appropriate scale, proportion and form within the streetscape, as it would not be an over dominant feature.

The signage associated with the development would not screen unsightliness or protrude above buildings, structures or tree canopies in the area. Landscaping would embellish the ground surrounding the sign which would require management as per the submitted landscaping plan (Condition 1).

5. Site and building - Similar to above, at a height of 4.5m the blade sign would be considered compatible with the scale, proportion and other characteristics of the site. Other business identification signage attributable to the proposal is depictant of a typical KFC development. It is noted the proportion, scale and form of these signs are considered suitable and consistent with the bulk and form of the proposed building, aside from potentially the dominance of the graphic on both the northern and eastern facades.

6. Associated devices and logos with advertisements and advertising structures - No safety devices, platforms, lighting devices or logos are proposed as part of the signage.

7. Illumination - The applicant advises that low level illumination is proposed during trading hours. Trading hours are proposed as follows: Monday to Thursday 10.00am to 10.00pm, Friday and Saturday 10.00am to 11.00pm and Sunday and public holidays 11.00am to 9.00pm. Illumination of the blade sign, graphics and KFC business identification sign have the potential to collectively result in unmanageable glare to surrounding residences during later hours of operation. Notwithstanding, any approval would regulate glare to ensure compliance with relevant standards (Condition 47). A curfew of illumination is considered appropriate for such signage (Condition 49).

8. Safety - It is not envisaged the proposed signage would reduce the safety of any public road, pedestrians or bicyclists, or obscure sightlines so as to impact road safety, particularly with the imposed 4.5m height limit.

State Environmental Planning Policy (Infrastructure) 2007

As the development fronts a classified road, clause 101 of the Infrastructure SEPP therefore requires consideration. The objectives of this clause are:

(a) to ensure that new development does not compromise the effective and ongoing operation and function of classified roads, and

(b) to prevent or reduce the potential impact of traffic noise and vehicle emission on development adjacent to classified roads.

The application was referred to NSW Roads and Maritime Services (RMS) as the proposed development is considered to be traffic generating (in accordance with Schedule 3 of the Infrastructure SEPP).

NSW Roads and Maritime Services (RMS) provided their concurrence to the application on 7 May 2015, subject to conditions to upgrade the junction of Bowral Road and the proposed access road (Attachment 3). Traffic construction and traffic generation are discussed later in this report. For the purposes of considering the Infrastructure SEPP, RMS is satisfied the road design would achieve the objectives of the SEPP.

Council must not grant consent to development on land that has a frontage to a classified road unless it is satisfied that:

(a) where practicable, vehicular access to the land is provided by a road other than the classified road, and

Vehicular access to the development would be provided via the shared driveway.




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(b) the safety, efficiency and ongoing operation of the classified road will not be adversely affected by the development as a result of:

(i) the design of the vehicular access to the land, or

(ii) the emission of smoke or dust from the development, or

(iii) the nature, volume or frequency of vehicles using the classified road to gain access to the land, and

RMS do not raise objection to the development in terms of safety, efficiency and ongoing operation of the classified road, subject to the construction of the access point onto Bowral Road being constructed as per Condition 75. This road construction has been agreed upon between RMS, Council and the applicant to ensure the volume and frequency of vehicles would not result in unmanageable traffic impacts or have a negligible impact on surrounding development.

(c) the development is of a type that is not sensitive to traffic noise or vehicle emissions, or is appropriately located and designed, or includes measures, to ameliorate potential traffic noise or vehicle emissions within the site of the development arising from the adjacent classified road.

The development is not one that needs to be sensitive to traffic noise or vehicle emissions.

Council has considered the comments provided by RMS within this report pursuant to clause 104 of the Infrastructure SEPP, as the development is considered to be a traffic generating development (Schedule 3 – Drive in takeaway food outlets). It is considered the site would be satisfactory in terms of site accessibility regarding people and freight movement to and from the site, particularly with the proposed pedestrian island to Bowral Road.

State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011

As the site is within the Warragamba Catchment area, the provisions of the Drinking Water Catchment SEPP must be taken into consideration in the assessment of the application. The application was referred to the Water NSW for comment as the development is considered a Module 5 proposal under the NorBE Guidelines. Concurrence was received from Water NSW on 26 May 2015 subject to conditions regarding stormwater management, runoff treatment, collection and reuse of water, provision of an Operational Environmental Management Plan and construction activities (Condition 69).

Local Environmental Plans

Wingecarribee Local Environmental Plan 2010

The applicable LEP is the Wingecarribee Local Environmental Plan 2010, and the relevant provisions of the LEP are discussed as follows.

Clause 2.3 Zone objectives and land use table

The site is zoned B7 Business Park. In this zone, ‘food and drink premises’ are permissible with development consent. Pursuant to section 2.3(2) of the LEP, Council must have regard to the objectives of the zone. The objectives of the B7 Business park zone, and their consideration, are discussed below.

To provide a range of office and light industrial uses.

To encourage employment opportunities.




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

To ensure that new development has regard to the character and amenity of adjacent and nearby residential areas.

Whilst the development is not a traditional business park use, the zone nominates a variety of permissible uses. It is therefore not reasonable for Council to focus on ensuring the development achieves all the nominated objectives.

The objectives aim to attract ‘office and light industrial uses’ and ‘employment opportunities’ with the potential for other land uses meeting the ‘day to day needs of workers’, whilst having regard to the character and amenity of nearby residential areas. It is considered the proposed development is generally in accordance with the nominated objectives for the following reasons:

The development would create employment opportunities as well as indirect employment through contractors for waste collection, cleaners and landscape and maintenance staff;

The development would be available to both local residents and neighbours as well as workers in any future business park development;

It is not anticipated the development would have adverse impacts on the character and amenity of the nearby residential areas due to the orientation of residential receivers, and with the implementation and adherence to recommended conditions.

Clause 4.3 Height of Buildings

The LEP identifies the site as having a maximum building height of 10 metres. The development proposes a building height of 6m and is therefore compliant with this clause.

Clause 4.4 Floor Space Ratio

The LEP identifies the site as requiring a maximum floor space ratio or 1.1:1. The development proposes and FSR of 0.13:1 and is therefore compliant with this clause.

Clause 7.9 Flood Planning

Whilst the site is not identified on the flood mapping associated with the LEP, Council has information that advises the site is susceptible to flooding. Consequently this clause is to be considered in the assessment of the application.

The site is located in the Fringe-Low Flood Risk Precinct as a result of stormwater overland flow coming from the Mount Gibraltar catchment. The development proposes to construct a piped drainage system that caters for a 1 in 20 year storm event, the building would be above the 1 in 100 ARI flood level, and the use of onsite detention and rainwater harvesting would ensure pre developed flows are not exceeded post development. Council’s Development Engineer is satisfied the development would be adequately designed to mitigate flood impacts.

Development Control Plans

Mittagong Development Control Plan

The development is subject to the Bowral DCP. Below is an assessment against the relevant sections of the DCP.




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DCP Control Part A – All Land

Section 2 - Objectives of the Plan

The proposal is generally in accordance with the nominated objectives.

Section 3 – Ecologically Sustainable Development

The proposal is generally in accordance with the requirements of this clause, in particular A3.3 relating to development in Sydney’s drinking water catchment.

Section 4 – Flood Liable Land

The subject site has been identified as flood prone land and has been discussed previously in this report.

Section 5 – Vegetation Management & Landscaping

Council’s Vegetation Communities Map indicates that the site does not comprise any endangered ecological communities. Existing vegetation on site comprises a mix of exotic and native species of trees, shrubs and managed grassed areas. Conditions nominated in Attachment 1 would ensure the implementation of the proposed landscaping plan (Condition 2).

Section 6 – Subdivision, Demolition, Siting and Design

A6.2 Demolition - The demolition of the existing building would require compliance with relevant Australian Standards (Condition 14). A6.4 Cut and Fill - The development proposes to cut the site greater than 750mm to level the site for a building pad and car parking area. The cut would range in height from 1.56 to 2.38m across the southern boundary of the site. Whilst this is significantly greater than the DCP requires, the site would not be suitable for uses nominated as permissible in the B7 Business Park zone without such excavation works. As such, the cut on the site is acceptable. Overburden would be required to be disposed of to an appropriately licensed facility (Condition 37).

Section 7 – Safer By Design

The proposal is generally in accordance with requirements of the clause.

Section 8 – Construction Standards and Procedures

The development would not be building over an existing sewer main and Council’s Development Engineer is satisfied the development achieves stormwater controls. A8.12 Waste Management and Disposal – a Waste Management Plan was provided with the application however the quantities, material and disposal methods have not been provided. Consequently, prior to the issue of a construction certificate, Council’s template Waste Management Plan shall be provided to Council (Condition 36). In light of the quantity of excavation/green waste/building materials etc required to be taken offsite facilitate the development, compliance with A8.12.3(f) requiring retainment of receipts from the disposal of waste would be imposed (Condition 37). This would reduce the likelihood of illegal dumping and would confirm the lawful disposal of materials.




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A8.16 Property Address – Street and Rural Numbering – Condition 53 would ensure street numbering is erected on the building prior to the issue of an occupation certificate.

Section 9 – Signage

A9.4.1 Free Standing Business Identification Signs in Business Zones (a) A maximum of one (1) free standing business identification sign shall be permitted in the area between the building and the street alignment where such sign may be single or double sided and must be framed. One free standing business identification sign is proposed. (b) A free-standing sign may run either parallel to the street or perpendicular to the street frontage. The sign is proposed to be perpendicular to the street frontage. (c) A free-standing sign shall be located within an overall sign structure envelope with dimensions not exceeding height: 4.5 metres, width: 1.5 metres, depth: 300mm. The free standing sign proposes dimensions of 5.1m tall, 1.2-1.4m wide with a depth no greater than 300mm. Council has been consistent in applying a 5.1m height limit to similarly designed petrol signs (to ensure sufficient space for legislative compliance regarding petrol prices). The applicant requests that the control be varied due to there being a petrol sign to the north east of the site standing at 5.1m. The reason for the allowance in height variation for petrol signs is purely to ensure they have sufficient space for legislative compliance. Permitting other signs to be at a height greater than what the DCP permits would dilute the integrity and intention of enforcing 4.5m high signs in the first instance. A reduction in the overall height of the sign to 4.5m is considered suitable for such a development. In comparison, any application for alterations to existing petrol station blade signs have been negotiated at 5.1m, with the negotiation involving removal of existing signage on the site. Consequently, the request to vary the sign height is not supported in this instance. (d) No part of the sign structure shall overhang Council’s footpath, nor the public road reserve. The sign is not designed to have any part of it overhanging onto Council’s footpath. (e) The sign shall be supported by ‘simply designed’ pole supports, avoiding large exposed supporting frameworks, unless in the opinion of the Council such framework is intentionally designed as an architectural feature. The sign is not designed to have exposed beams/pole supports.




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Section 10 – Outdoor Lighting

Whilst no reference to outdoor lighting has been provided in the application, it is anticipated that lighting would be provided to the site. A formal lighting plan would need to be submitted to Council for approval, under delegation, and be in accordance with A10.3 of the DCP, prior to the issue of a Construction Certificate (Condition 54).

DCP Control Part B – Business Zoned Land

Section 2 – Design Considerations

B2.4 Designing for Pedestrian Access within the Town The development proposes a pedestrian entrance from Bowral Road in to the site with a pedestrian crossing over the drive through road to allow safe movement of pedestrians. Further, a pedestrian island to the east of the site is required as part of RMS upgrades to Bowral Road. This would also encourage the safe movement of pedestrians to the site.

Section 4 – On Site Car Parking

B4.5 Requirements for New Development or Re-development (a) The number of car parking spaces to be provided on the site is determined by the nature of the development. Applicants should refer to the Table at the end of this section for the requirements for all types of commercial development. The development would be identified as a fast food take away outlet with onsite seating and a drive through facility. The DCP requires one space per 3 seats (internal and external). A total of 72 seats (16 external and 56 internal) are to be provided to the site and therefore, 24 car spaces are required. The application proposes 24 car spaces on site including one accessible space, and therefore this clause is satisfied. Condition 52 shall ensure all parking spaces are used solely for the parking of motor vehicles for staff and customers, and on no account shall such spaces be used for storage or garbage purposes and that no signposting or restrictions on individual spaces is allowed. Council’s Development Engineer is satisfied the design of disabled parking spaces and the parking facilities as a whole satisfy the relevant Australian Standards.

Section 5 – Loading Facilities and Waste Resource Recovery Storage and Collection

A loading dock is proposed at the rear of the building which would provide direct access to the rear of the restaurant and would be used for both delivery and waste collection purposes.

The development would be able to cater for a 12.5m heavy rigid vehicle (HRV) to be manoeuvre into the loading dock without affecting the car park and be able to enter and exit the site in a forward direction. To reduce the likelihood of car park impacts, and to ensure safety of patrons and staff, Condition 59 shall encourage deliveries during the




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morning operation (10.00am to 12.00pm) which is predominantly a quieter period for the use, given KFC do not serve breakfast.

Section 7 – Footpath Advertising and Merchandise Displays

The application is not seeking the placement of ‘sandwich’ boards or merchandise displays on Council property at this stage.

Section 12 – Late Night Premises

(a) That the principles of Safer by Design (Section A) are fully addressed, The application demonstrates safer by design principles as set out in the DCP. (b) A Plan of Management is prepared Condition 55 shall require the provision of a Plan of Management prior to the issue of an occupation certificate. (c) Adequate provision must be made to ensure that food waste is securely stored to ensure there is no reduction in urban amenity through unsightly storage, odour or vermin. The plan of management shall address how waste is to be stored and secured. (Condition 55)

Section 17 Bowral Business Park Precinct

B17.2 Preferred Development Outcomes (a) a range of retail activities which, due to the nature of their business operation, and site and loading/unloading requirements, are not suitable for a commercial centre. These activities include bulky goods premises, landscape and garden supplies, and vehicle sales or hire premises. Whilst the uses nominated above are all light industrial / retail style uses, the proposed development is retail in nature with its operation (drive through and site car parking) not necessarily ideal in a commercial centre. (b) a scale of development that does not reduce the amenity of surrounding residential areas. The proposal has a 10m setback from Bowral Road and a modest floor space ratio of 0.13:1. The scale of the development alone would not adversely affect the amenity of surrounding residential areas. (c) A co-ordinated style of development which provides a ‘cohesive’ appearance along Bowral Road. The proposed development would be a singular development with a ‘shared driveway’ on the eastern side of the site to provide access to land




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surrounding (east, west and rear), should it be developed in the future. Whilst the development of this locality appears to be commencing in a piecemeal approach, the locality still has the ability to appear cohesive in the future. (d) an attractive streetscape and substantial areas for landscaping and screen planting along the Bowral Road and Railway Parade frontages. The development has proposed areas to the Bowral Road frontage and at the rear of the site for landscaping. The development has lodged a landscaping plan which includes the planting of dwarf sacred bamboo (a short red and green plant), gardenia (a white flowering plant with green foliage), Japanese box hedging and dietes (a green low lying shrub with yellow, purple and white flowers). It is considered these areas are satisfactory in terms of provision of landscaping to the site. (e) One co-ordinated access point for the whole Precinct to ensure that traffic flows along Bowral Road are not impeded. The proposed ‘shared driveway’ has the ability to be a main ‘coordinated’ entrance for this precinct. So as to ensure the availability of this shared driveway can be used by any future development in the B7 Business Park zoned land, the application initially invited Council to impose a condition to have the developer enter into a Deed of Agreement (DOA). Concerns were raised with regard to this proposal as it would not be binding on, or enforceable against, a mortgagee (unless the mortgagee is also a party to the Deed) or other successors to whom a mortgagee may sell the land. Consequently, it would be in Council’s best interest to require the owner to create an easement with all dominant tenements (affected landowners) within the B7 Business Park zone (lots to the east and west of the site). The terms of the easement would require all landowners to be responsible for constructing, maintaining and repairing the pavement required over the easement and also require all landowners to indemnify Council against all liability for and associated with the use of the easement (Condition 22). The imposition of this condition would alert future development of the site to the intention of this preferred development outcome and result in a coordinated development to the B7 Business Park zone. (f) adequate provision for on-site parking and the safe and efficient movement of vehicles within site boundaries. As addressed, sufficient onsite parking is proposed and the way-finding signage (Entry, Exit, Drive Through etc) would aid in the safe movement of vehicles within the site boundary. (g) adequate provision for the safe and efficient loading and unloading of vehicles within site boundaries.




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The application proposes a formal loading dock / waste disposal area as part of the design of the site. The design of the loading dock area would provide for the safe and efficient loading and unloading of vehicles, as discussed previously in this report. B17.3 Specific Development Controls a) The maximum height allowable on the site shall be ten (10) metres. The development does not exceed the maximum 10 metres. b) The maximum site coverage allowable shall be 1:1.1-1.19. The maximum site coverage is 0.13:1 and is therefore compliant with this clause. c) The development shall have a minimum setback of ten (10) metres at its frontage to Bowral Road. The development proposes a 10 metre setback from Bowral Road. d) The design of the development shall reflect an appreciation for the importance of scale, materials, texture and colour in contributing to the urban amenity of the site. The proposed development would be of a low scale in terms of its bulk and design. The roof pitch has been designed to be similar to that of surrounding dwellings which would result in a development that does not dominate the streetscape and is sympathetic to the urban amenity of the locality. e) The building must present to Bowral Road and all external walls shall be constructed of brick, glass or pre-cast exposed aggregate panels of similar material. However, use of new materials that generate a lower environmental cost will be considered on their merits. The building presents to Bowral Road as a result of building identification signage to the eastern and northern elevations; entrance to the building is on the eastern façade. The proposed materials are professional and together they would provide a formalised finish to the building. f) Colours are to be subdued tones to minimise the intrusive visual impact of the development and a colour plan must be submitted with the Development Application. The development proposes red, white and dark grey/brown as colours, essentially the corporate colours of KFC. Red could be considered as an intrusive colour on the existing streetscape. Whilst the arch/buttress like feature at the entrance to the building is quite a dominant red (perforated blade wall) feature, the structure appears to balance the northern façade in terms of bulk and scale. However, the combination of this feature and




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the red ‘krush bar’ wall on the eastern façade is quite dominant on the approach experience heading west along Bowral Road (see Attachment 2 for north and eastern elevation plans). To minimise the intrusive visual impact of the development, it is therefore recommended the red ‘krush bar’ wall be a more subdued colour (Condition 56), preferably the wall clad adjacent, being a muted grey corrugated façade. g) No external lighting shall interfere with the amenity of surrounding residential areas, nor interfere with traffic along Bowral Road. No external lighting, aside from the light shed from proposed illuminated signage, is proposed as part of the application. However it is anticipated that lighting would be provided to the site for CPTED and safety principles. Condition 54 shall require a formal lighting plan, if external sight lighting is to be installed. Illumination has the potential to collectively result in unmanageable glare to surrounding residences during later hours of operation. Consequently, Condition 47 would regulate glare to ensure compliance with relevant Australian Standards. h) The development shall provide for vehicular ingress and egress which in no way impedes the safe and efficient flow of traffic along Bowral Road. Applicants shall provide detailed plans which indicate how vehicular traffic, including delivery vans and waste disposal vehicles, will be directed on to and off the site. Estimates of additional traffic flows shall be prepared and submitted with the Development Application. The proposed treatment to Bowral Road involves the construction of a channelised right turn into the site travelling eastbound with an auxiliary lane. Vehicles would be able to enter left into the shared driveway travelling west along Bowral Road. Further, vehicles exiting the shared driveway would not be able to turn right onto Bowral Road, only being able to turn left. Finally, Bowral Road would require widening to create a 13m carriageway from kerb to kerb for the full length of the intersection treatment. See Attachment 5 for a diagram of the proposed intersection treatment. The proposed treatment to Bowral Road has been designed in coordination with Council’s Transport Planning Officer, Council’s Development Engineer, NSW Roads and Maritime Services traffic staff and the developer. It is acknowledged that the proposed treatment may not be the most ideal outcome for the site however it is the best negotiated outcome for all parties involved at this point in time that would still provide for safe and efficient flow of traffic along Bowral Road. RMS and Council have indicated their intentions to require signals at this intersection, and have ensured its design can be retrofitted in the future, should any further development of the B7 Business Park zoned land require it. Both parties agree that the development of KFC alone does not warrant the installation of signals at this point in time.




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Section 79C Evaluation

(1) Matters for consideration—general

In determining a development application, a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application:

(a) the provisions of:

(i) any environmental planning instrument, and

It has been demonstrated the application complies with the Wingecarribee Local Environmental Plan 2010.

(ii) any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Director-General has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and

Not applicable in this instance (no relevant draft plans).

(iii) any development control plan, and

It has been demonstrated that the application complies with the relevant controls of the Mittagong Development Control Plan.

(iiia) any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F, and

Not applicable.

(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph), and

Condition 14 requires compliance with relevant Australian standards for demolition of existing structures.

(v) any coastal zone management plan (within the meaning of the Coastal Protection Act 1979), that apply to the land to which the development application relates,

Not applicable.

(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,

The likely impacts of the development have been considered in detail throughout this report, particularly during the consideration of the DCP and submissions. Any additional issues are addressed below:

Traffic – A Traffic Management Report prepared by McLaren Traffic Engineering dated 4 December 2014 was submitted with the application (Attachment 5). The report describes the existing site conditions, the proposed access design treatment to Bowral Road, parking compliance and the anticipated traffic generation and subsequent impact on the local road network.

The report advises the internal road would be of a sufficient width to cater for movements by vehicles of up to 19m semi-trailers for the purpose of a proposed development on land directly to the east being for a petrol station.




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The report also advises that pedestrians have been considered with an internal path and proposed new footpath to the Bowral Road frontage. Further, a pedestrian refuge would be provided to the east of the site, beyond the sites frontage and opposite the Caltex Service Station on the northern side of Bowral Road. Whilst these treatments have been proposed, the report does not consider the use to be a significant generator of pedestrians given its distance from pedestrian generators such as schools and shopping centres.

The report has used the RMS Guide to Traffic Generating Developments and a Traffic Impact Assessment prepared by Colston Budd Hunt & Kafes dated 2 December 2013 (a traffic report submitted with the previous KFC proposal, DA 14/0151) to determine potential traffic generation and its impact on the local road network. The traffic impact assessment also considered the proposed petrol station to the east of the KFC site (DA15/0434) and any future development on the land directly south of KFC. Essentially, the report concluded that additional traffic from the three developments would be adequately catered for within the existing road network.

On 7 May 2015, the RMS provided their approval for the intersection treatment, conditioning requirements such as the imposition of a right of carriageway to all lots within the B7 Business Park zone, construction of the channelized right turn (for management of eastbound traffic) into the site, road widening to Bowral road to create a 13m wide carriageway from kerb to kerb for the full length of the intersection, provision of a pedestrian refuge to Bowral Road and other standard RMS road construction conditions (see Attachment 3 for the RMS approval).

The application was referred to Council’s Transportation Planning Engineer for comment. Whilst the Transportation Planning Engineer advises that the proposed intersection appears adequate, three areas that appear problematic were raised as concerns:

1. The intersection treatment results in too many additional points of conflict that are not proposed to be adequately managed;

The proposed location of the shared access in proximity to the Sedgman Avenue/Dalton Street intersection with Bowral;

The cumulative effect of further development on the existing traffic situation on Bowral Road i.e. the proposed petrol station and any future development of the B7 Business Park zoned land.

Whilst Council’s Transportation Planning Engineer has advised the proposed traffic treatment may result in additional points of conflict, Bowral Road is a classified road of which RMS have jurisdiction over. The RMS consider the design satisfactory from a traffic generation and safety perspective.

2. Road geometry of the median showing a square edge to Bowral Road; and

The road geometry plans can be modified prior to any construction certificate issued.

3. Concerns relating to the proximity of the KFC drive through and the exit of the proposed petrol station to any future right of carriageway on land to the rear.

This is a concern which would have significant traffic movement and safety implications. The distance between the three points would have the ability to cause conflict and traffic incidents. To avoid this situation, Condition 22 shall require the shared access restriction to advise that the location of the easement shall be located away from this intersection point, to ensure safe intersection sight distance and other traffic matters.




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Stormwater – The application was submitted with a Drainage Report and stormwater plans prepared by Michael Ell Consulting Engineers, dated 22 July 2014. This plan was referred to Water NSW and Council’s Development Engineer for comment.

The site is currently affected by an existing overland flow path easement through 98A Bowral Road, Mittagong. To manage stormwater post construction, it is proposed to install an underground pipe from the Main Southern Railway and maintain the open earth drain above the pipe in the event of a pipe surcharge. Piped stormwater would then be discharged into the table drain in Dalton Street.

Council raised initial concerns with the submitted report specifically in relation to compliance with Council’s engineering policy for stormwater such as not complying with pre-developed flow rates, proposed pipe and gutter widths and overflow route calculations. On 10 July 2015, a new Stormwater Management & Civil Design Report prepared by Eclipse Consulting Engineers, dated 8 July 2105 was submitted. This report satisfied Council’s Engineers and demonstrated that pre developed flows could be achieved.

Odour - An Odour Report prepared by Pacific Environment Ltd was submitted with the application. The main sources of odour emissions from KFC restaurants are the cooking areas (the cookers and fryers) that are covered by exhaust hoods and extracted to an exhaust point on the roof of the building. As the proposed site is not currently operating, odour emission rates were estimated based on measurements from a similar KFC restaurant in Hurstville, which were taken in 2009. The report is based on the dispersion modelling tool and assumes a conservative approach for all elements of the assessment.

The report determines that odour concentrations would not exceed the odour criteria at the sensitive receptors as a result of emissions from the proposed KFC restaurant. Based on the conservative nature of the assessment, the potential for odour impact is considered to be low. Whilst the report determined that no additional controls would be required as a result of the outcome, it was recommended that the mechanical extraction system be designed to allow retrofitting of odour control equipment, should complaints be received during occupation (Condition 57).

Flora and Fauna – It is proposed to remove approximately 50 trees to facilitate the development. In support of this, an Arborist Report, prepared by Jacksons Nature Works, dated 10 August 2014 was submitted with the application. This report identifies a number of trees on the KFC site (and the land to the south of the site), including Radiata Pines, Cotoneaster weed, privets, thistles, as well as eucalyptus and acacia trees. Whilst the report advises no endangered species were identified, the report doesn’t address Council’s Flora and Fauna Assessment Guidelines for Development Applications. Notwithstanding, the majority of trees identified were known weeds or shrubs that would not be suitable to keep. Consequently, Council is satisfied the removal of trees nominated in the Arborist report is considered suitable.

Noise Impacts – Operational and vehicular noise generation has been raised as an issue during the notification period. The applicant has provided the following comment regarding noise impacts in their Statement of Environmental Effects:

“Given the separation distance of approximately 30m to the nearest residential property and the location of Bowral Road separating the site, there is unlikely to be any significant acoustic related impacts created on residents. The restaurant will not commence trading until 10am and the bulk of dinner trade will occur between 6pm and 8pm, and will therefore not create a noise nuisance during typical sleep hours.”




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It is considered that the arguments put forward by the applicant are reasonable. It is not anticipated that noise would exacerbate/aggravate existing noise levels in the locality due to existing noise generators (Bowral Road and the Main Southern Railway) or adversely affect the amenity of nearby residential receivers. It is acknowledged that the residential properties to the north predominantly and naturally orient away from Bowral Road, reducing the likelihood of hearing noise.

Notwithstanding, there would still be times when noise is generated which could impact on nearby residential receivers. Consequently, Condition 59 shall ensure vehicle deliveries do not occur between 10pm and 7am so as to maintain the amenity of nearby residential receivers.

Site Design – The design of the site is considered suitable in terms of encouragement for any future development within the B7 Business Park zone. The restriction/easement proposal would indicate access intentions to current and prospective purchasers. Council’s Development Engineer is satisfied the proposed shared driveway is a suitable width to cater for future development capacity of this location also.

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

The site is considered to be suitable for development: water quality and quantity management, streetscape visual impacts and traffic generation/impact, subject to compliance with recommended conditions.

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

Refer to Consultation section of this report.

(e) the public interest.

The appropriate use of business zoned land is in the public interest. There are no covenants and/or restrictions on the title restricting development of the site, and there are no relevant planning studies or strategies associated with a development of this nature that require consideration. Further, the application is considered to be suitably compliant with the Wingecarribee Local Environmental Plan 2010 the Mittagong DCP. Consequently, the development would not contravene the public interest.

CONSULTATION

Pre-lodgement Meeting

On 8 December 2014, Council staff (Town Planner, Development Engineer and Transportation Planning Officer) met with the developer and NSW Roads and Maritime Services to discuss traffic matters. No other formalized pre DA discussions were had.

External Referrals

Referrals/Notice Advice/Response/Conditions

NSW Roads and Maritime Services

The RMS were referred the application as the development is a traffic generating development pursuant to clause 104 of the Infrastructure SEPP. They provided their approval (Attachment 3) to the application subject to upgrade treatments to Bowral Road.

NSW Rural Fire Service Whilst the development, is not considered a special fire protection purpose, the application was referred to NSW Rural Fire Service




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for comment. Their recommended conditions were provided and relate to water and utilities, managing the area as an inner protection area, access construction and landscaping to comply with Planning for Bushfire Protection 2006 (Condition 74).

Water NSW The application was referred to the Water NSW for comment as the development is a Module 5 proposal under the NorBE Guidelines. Concurrence was received from Water NSW on 26 May 2015 subject to conditions regarding stormwater management, runoff treatment, collection and reuse of water, provision of an Operational Environmental Management Plan and construction activities (Condition 69).

Internal Referrals


Accredited Certifier No objections raised, subject to various standard conditions of consent.

Development Engineer No objections raised, other than those previously raised in this report.

Transportation Planning Engineer

The Transportation Planning Engineer has raised concerns with regard to the traffic generation implications on the local road network. However, the Transportation Planning Engineer has acknowledged that RMS are the authority responsible for consideration of the application in terms of traffic.

Environmental Health Officer

No objections raised subject to standard food safety conditions.

Contributions Planner No objections raised, subject to conditions of consent regarding section 94A and section 64 contributions (Conditions 71, 72 and 73)

Manager Environment and Sustainability

Application referred for contamination advice. No objections raised, discussed previously in this report.

Neighbour Notification (or Advertising)/Public Participation

The development application was neighbour notified from 16 April 2015 to 5 May 2015. During this period, a total of five submissions were received. An additional late submission (six in total) was received on 25 May 2015. The issues raised in all submissions received are considered under key topics and responded to below:

1. Increased traffic generation to locality

The impacts of traffic have been discussed at length previously in this report. NSW Roads and Maritime Services has advised that traffic generated from the development, and any subsequent traffic upgrades/treatment, would be satisfactory and would not result in an adverse or unmanageable impact on the local traffic network.




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2. Increased noise

The impacts of noise have been addressed previously in this report. It is not anticipated that noise would exacerbate existing noise levels in the locality or adversely affect the amenity of nearby residential receivers.

3. Security/safety issues particularly with late night trading

The operation of the use would be subject to the preparation of a Plan of Management (Condition 55) that would consider managing the safety and security of staff and patrons, as well as any other management procedures to reduce the likelihood of undesirable situations. It is not envisaged the development would result in increased crime activity to nearby residential properties

4. Local shops to suffer – competition concerns

Competition or saturation of the market is not a consideration for planning staff under section 79C of the Environmental Planning and Assessment Act 1979.

5. Glare nuisance concerns during night from illuminated signage and late night trading

Lighting has been addressed previously in this report. Essentially, Conditions 47, 48 & 49 be imposed to require a Lighting Plan that would not result in inappropriate glare impacts on residential receivers and also to reduce signage glare should concerns be raised with Council during the operation of the site.

6. Property values

Property values are not a consideration for planning staff under section 79C of the Environmental Planning and Assessment Act 1979.

7. Same development application appears to have been received

A development application for a close-to-identical development was submitted with Council in early 2014. Whilst this application was refused by Council, the developer still has the right to lodge a new development application for consideration. Refusal of a development application does not prohibit the developer from lodging again.

The current development application addressed the reasons for refusal and these issues have been discussed throughout this report.

8. Odour

The impact of odour has been discussed in this report previously.

9. Safety of pedestrians, particularly children

In Council’s pre lodgement discussions with the applicant and RMS regarding traffic, pedestrian safety was raised as a significant local concern. In negotiations with all parties, it was concluded that as there is a footpath on the northern side of Bowral Road, ceasing at the Caltex petrol station on that side of the road, a pedestrian refuge island shall be constructed opposite this property to link the footpath with the southern side of Bowral Road and future development within the B7 Business Park land. It is also advised that the site is not conveniently close to pedestrian generators such as schools and therefore the prospect of high pedestrian movements is unlikely in this locality.

10. Health implications of permitting a proliferation of junk food outlets

Health implications associated with the consumption of fast food and its accessibility to the general public is not a consideration for planning staff under section 79C of the Environmental Planning and Assessment Act 1979.




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11. There is already a KFC at Mittagong Marketplace

Competition or saturation of the market is not a consideration for planning staff under section 79C of the Environmental Planning and Assessment Act 1979.

12. Waste/rubbish

This objection advises that litter and pollution is already generated from the existing Caltex petrol station and raises concern that the proposed KFC would only amplify these issues. Litter and pollution can be addressed by the applicant in a future Plan of Management that is to be submitted and considered by Council prior to the issue of an occupation certificate (Condition 55). Measures to reduce waste could be an hourly site (including car park) clean up, provision of bins in the car park and exit of drive through etc.


Environment

There are no major environmental issues identified in this report.

Social

There are no significant social issues in relation to this report.


The business would provide a place of work for the community, contributing to job opportunities in the locality.

Culture

There are no overarching cultural issues in relation to this report.

Governance

Good governance and the correct application of Council’s role as a regulatory authority requires the lodgement and assessment of a development application in accordance with the Wingecarribee Local Environmental Plan 2010, the Environmental Planning and Assessment Act 1979 and any matters relevant to the development. The development application has been considered in accordance with the LEP, the Act and any matters relevant to the development.

RELATIONSHIP TO CORPORATE PLANS

Operational Plan 2014 – 2017: OP:117 Provide development, building assessment and certifications services.


The financial implication of Council’s decision in this matter is directly related to the legal implications. The possibilities are detailed as follows:

Should the applicant choose to appeal a refusal by Council through the Land and Environment Court and lose, the question of cost with regard to Council’s legal representation would be determined by the extent of the reasons for refusal;




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Should the applicant choose to appeal a refusal by Council through the Land and Environment Court and win, the question of cost would be dependent upon the extent of the reasons for refusal;

Should any person choose to take out Class 4 proceedings against Council to the Land and Environment Court and lose, the question of cost with regard to Council’s legal representation would be calculated at the appropriate time;

Should any person choose to take out Class 4 proceedings against Council to the Land and Environment Court and win, the question of cost would still be calculated at the appropriate time;

Should the applicant make no appeal, or proceedings not be taken out by another party, to the Land and Environment Court regardless of the determination, the application would result in no further financial implication to Council.


An assessment of the proposal has been made against Council’s LEP and the Mittagong Development Control Plan, with compliance being demonstrated. There are no other relevant Council policies related to the assessment of this application.

OPTIONS

The options available to Council are:

Option 1

That the development application be approved subject to the attached conditions of consent; or

Option 2

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

Option 1 is recommended.

CONCLUSION

DA 15/0284 seeks consent to construct a KFC restaurant and undertake ancillary works associated with the use such as internal accesses, parking, a drive through, signage and landscaping at 98 Bowral Road, Mittagong. Issues relating to traffic, operational matters and stormwater have been addressed and are considered to result in an acceptable impact on the locality, subject to conditions recommended in this report and Council’s standard development conditions.

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

On balance, it is recommended the application be determined by way of approval, subject to the conditions nominated in Attachment 1.




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ATTACHMENTS

1. Draft Notice of Determination - circulated under separate cover

2. Plans of Development - circulated under separate cover

3. NSW Roads and Maritime Approval - circulated under separate cover

4. Bowral Road Construction Works - circulated under separate cover

5. Traffic Report - circulated under separate cover




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10.3 DA 15/0434 Construction and Operation of a Woolworths Service Station - 96 Bowral Road, Mittagong


Services Applicant: Woolworths Ltd Owner: Nusana Pty Ltd Link to Corporate Plan: Ensure future development respects the character of the


PURPOSE The purpose of this report is to consider a development application, DA 15/0434, which seeks consent to construct and operate a Woolworths petrol station and undertake ancillary works including demolition, car parking areas, signage and landscaping at 96 Bowral Road, Mittagong. The application has been requested by Councillors to be determined at a Council meeting. Consequently, this report is prepared for determination, and recommends approval, subject to conditions.



RECOMMENDATION THAT development application DA 15/0434 for the construction and operation of a Woolworths service station at Lot 1 DP1187383, 96 Bowral Road, Mittagong be approved subject to conditions as described in Attachment 1.

REPORT

Subject Site and Locality

The site is known as 96 Bowral Road, Mittagong (Lot 1 DP1187383) and is regular in shape, being 1882m2. Figures 1 & 2 below identify the site. The site is bound by Bowral Road to the north, and private land holdings to the east, south and west. The site sits approximately 1km west of the Bowral Road/Old Hume Highway intersection in Mittagong.

The site falls towards Bowral Road from the south approximately three metres over the length of the site. Vegetation is sparse with cleared grassland within the southern portion of the site. The business ‘Southern Highlands Building Supplies’ occupies the remainder of the property.

Surrounding land uses include Kennards Hire to the east, Main Southern Rail Line to the south with residential uses further south, Roundabout the House and Ranbuild to the west with residential uses to the north west and north, with a Caltex Service Station to the north.




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Background

On 26 March 2014, a development application for a Woolworths service station (DA 14/0282) was lodged with Council for consideration on the same site. This application was refused for a variety of reasons including not adequately achieving the objectives of the B7 Business Park zone, a number of non-compliances with the Mittagong DCP, and impacts on traffic movements/generation.

Details of Proposal

On 7 May 2015, DA 15/0434 was lodged with Council seeking consent to construct and operate a Woolworths service station and undertake ancillary works such as car parking, signage and landscaping at 96 Bowral Road, Mittagong. Plans of the proposed development are at Attachment 2 to this report. The development would comprise the following detail:

Demolition of all existing structures on site;

Removal of existing driveway to Bowral Road;

Construction of an 81.4m2 central control pay-point kiosk and its fitout, including a petrol control console, sales counter, sales and display area, accessible bathroom;

Installation of three underground fuel tanks and one underground liquefied petroleum gas (LPG) tank;

Four double sided multi hose dispensers and two double sided LPG dispensers;

Installation of an underground tanker filling point and underground LPG filling point;

A concrete area surrounding the pay point kiosk housing 4 x 4000L rainwater tanks, freezer bin, electricity pit and air conditioning condensers above ground;

Installation of an underground onsite detention (OSD) tank and puraceptor for water quality purposes;

Construction of a new vehicular access (entry only) point from Bowral Road, with site exit via a proposed shared driveway on a property to the east (proposed KFC DA15/0284) with a right of carriageway to facilitate this;

Two metal enclosed skip bins for waste (impeding on car parks 3 & 4). Waste would be collected by a licensed contractor;

New canopy over the fuel dispensers and extending to the pay point kiosk. This would stand just under 6m tall and have under canopy lighting;

Provision of six car parking spaces including one accessible space and one air/water fill point car space;

LPG Cylinder exchange area;

Landscaping to the site;

Signage including:

o Non illuminated 5.1m x 1.6m price pylon sign;

o Illuminated 1m x 4.86m building identification sign to the pay point kiosk

building;

o Illuminated 1m x 3.88m canopy facia sign;




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o Non illuminated dispenser column signage to petrol dispensers 1.53m x

0.75m installed 2.5m above finished ground level; and

o Non illuminated Entry, exit, no entry, no exit way-finding signage 0.85m x

0.75m

Construction of retaining walls to the western, southern and eastern boundary of the site, maximum height of retaining walls to be 1.9m (at the southern boundary);

Operational hours proposed at 24 hours a day, seven days a week, with late night trading being undertaken via a night-trade window.

There would be a maximum of two staff at any one time on the site, with this reducing to one attendant at off peak periods.

Landscaping to include a mixture of Callery Pear trees (5m tall), Japanese box hedging (1m tall), Bull Bay (2m tall) and Shrub Rose (0.9m tall) plants with flowering chamomile and sea daisy groundcover and African lily grasses. Landscaping would be to the property boundaries, predominantly the south eastern corner of the site and the northern and western boundary.

No mechanical repairs are proposed to be undertaken on the premises.




Clause 7 of SEPP 55 requires the consent authority to consider whether land is contaminated prior to granting consent to the carrying out of any development on that land, and to be satisfied that the land is suitable for the proposed use. A desktop search of the property found the site has a Contamination Risk Category 3 (previous use for light automotive mechanical repairs). Consequently, the application was supported with two Phase 1 Contamination Reports (CH2M Hill December 1999 and Environmental Consulting Services January 2004) which were prepared as a result of historical contamination concerns associated with railway sidings on a nearby property. These reports were referred to Council’s Manager Environment and Sustainability for review. Advice received was predominantly based around arsenic contamination concerns associated with the railway sidings which were not located on the subject site. No concern was raised regarding the potential contamination of the site associated with the historical automobile use of the premises.

Consequently, Council’s Manager Environment & Sustainability does not see contamination as an impediment to the development assessment process, with SEPP 55 satisfied. However, to ensure appropriate disposal of waste (predominantly soils) and management of any contaminants, in line with relevant EPA guidelines, Condition 35 shall be imposed.

State Environmental Planning Policy 33 – Hazardous and Offensive Development

The use of the site for the purposes of a service station is considered a potentially hazardous industry and as such the consideration of SEPP 33 is required in the assessment of the application. A Preliminary Hazard Analysis (PHA) was submitted with the application which found there would be no significant risk to persons within the population limit area (maximum equivalent population is 110, proposal calculates 8.5). The PHA advises there would be a level of risk associated with the service station that would be adequately managed by procedures nominated in the PHA. Consequently, conditions recommended by




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the Department of Planning’s “Applying SEPP 33” Guideline in Appendix 6 are reflected at Condition 52.

State Environmental Planning Policy No. 64 – Advertising and Signage


Objectives











The proposed signage would be generally consistent with the objectives. Consideration of Schedule 1 is discussed below.


1. Character of the area - The desired amenity and visual character of the area is one that respects the surrounding residences whilst encouraging employment opportunities through office and light industrial uses. What Council envisages for this locality is a cohesive office and/or light industrial development, with supportive uses to provide day to day needs for workers. The character of petrol signage is bold so as to attract and advise motorists of petrol availability i.e. through illumination and bold colours (red, white, grey/black), oversized wall mounted signs etc. It is considered the desired character of the locality would not be adversely affected by the proposed signage strategy.

2. Special areas - The proposal would not detract from the visual quality of any nearby environmentally sensitive areas, heritage areas, natural or other conservation areas, open space areas, waterways, rural landscapes. The development would have the potential for night time illumination to detract from nearby residential areas. Notwithstanding, it is acknowledged the development is in a location where there are other light industrial uses Conditions 53 and 54 would be imposed to regulate any glare illumination nuisance on surrounding residential properties.

3. Views and vistas – The application proposes to erect a 5.1m blade sign fronting Bowral Road. Council has been consistent in applying a 5.1m height limit to similarly designed petrol signs to ensure sufficient space for legislative compliance regarding petrol prices. It is not envisaged the proposed business identification signs would disrespect the viewing rights of other advertisers.




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4. Streetscape, setting or landscape - The proposed pay point kiosk building would have a height of 4.5m, the petrol canopy at just under 6m with surrounding buildings and other structures also around 6m. It is therefore considered the 5.1m blade sign would be of an appropriate scale, proportion and form within the streetscape, as it would not be an over dominant feature. Other signage proposed would not detract from the amenity of the locality.

The signage associated with the development would not screen unsightliness or protrude above structures or tree canopies in the area. Signage on the pay point kiosk and campy however would protrude slightly above the roof lines, however this is minor and would not result in adverse impacts. Landscaping would embellish the ground surrounding the blade.

5. Site and building - Similar to above, at a height of 5.1m the blade sign would be considered compatible with the scale, proportion and other characteristics of the site. Other business identification signage attributable to the proposal is depictant of a typical service station and would not be excessive. It is noted the proportion, scale and form of these signs are considered suitable and consistent with the bulk and form of the proposed building and associated structures.

6. Associated devices and logos with advertisements and advertising structures - No safety devices, platforms, lighting devices or logos are proposed as part of the signage.

7. Illumination - The applicant advises that illumination is proposed during trading hours, which would be 24 hours, seven days a week. Illumination of the blade sign petrol costs, Caltex canopy facia sign and Woolworths paypoint building facia sign is proposed. Signage alone would not result in an objectionable glare nuisance to surrounding residences during later hours of operation largely due to the signs’ easterly orientation away from residential properties. Notwithstanding, any approval would regulate glare to ensure compliance with relevant standards (Conditions 53 & 54). Considering the 24 hour nature a curfew of illumination is not considered necessary.

8. Safety - It is not envisaged the proposed signage would reduce the safety of any public road, pedestrians or bicyclists, or obscure sightlines so as to impact road safety.

State Environmental Planning Policy (Infrastructure) 2007

As the development fronts a classified road, clause 101 of the Infrastructure SEPP therefore requires consideration. The objectives of this clause are:

(a) to ensure that new development does not compromise the effective and ongoing operation and function of classified roads, and

(b) to prevent or reduce the potential impact of traffic noise and vehicle emission on development adjacent to classified roads.

The application was referred to NSW Roads and Maritime Services (RMS) as the proposed development is considered to be traffic generating (in accordance with Schedule 3 of the Infrastructure SEPP).

On 19 June 2015, NSW Roads and Maritime Services (RMS) requested additional information to accurately define and address the traffic impacts of the proposal. Additional information was submitted on 30 July 2015 and by 21 September 2015, RMS provided their approval to the proposal (Attachment 3), subject to conditions to upgrade the junction of Bowral Road and the proposed access road (Attachment 4). Traffic construction and traffic generation are discussed later in this report. For the purposes of considering the Infrastructure SEPP, RMS is satisfied the road design would achieve the objectives of the SEPP.




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Council must not grant consent to development on land that has a frontage to a classified road unless it is satisfied that:

(a) where practicable, vehicular access to the land is provided by a road other than the classified road, and

Vehicular access to the development would be provided via a new access off Bowral Road, separate to the shared driveway to the west of the site. RMS are satisfied with the proposed treatment to Bowral Road and consider that whilst access would be from this classified road, it would not be practicable to require access from the shared driveway to the west.

(b) the safety, efficiency and ongoing operation of the classified road will not be adversely affected by the development as a result of:

(i) the design of the vehicular access to the land, or

(ii) the emission of smoke or dust from the development, or

(iii) the nature, volume or frequency of vehicles using the classified road to gain access to the land, and

RMS do not raise objection to the development in terms of safety, efficiency and ongoing operation of the classified road, subject to the construction of the access point onto Bowral Road being constructed as per Attachment 4. This road construction has been agreed upon between RMS, Council and the applicant to ensure the volume and frequency of vehicles would not result in unmanageable traffic impacts or have a negligible impact on surrounding development.

(c) the development is of a type that is not sensitive to traffic noise or vehicle emissions, or is appropriately located and designed, or includes measures, to ameliorate potential traffic noise or vehicle emissions within the site of the development arising from the adjacent classified road.

The development is not one that needs to be sensitive to traffic noise or vehicle emissions.

Council has considered the comments provided by RMS within this report pursuant to clause 104 of the Infrastructure SEPP, as the development is considered to be a traffic generating development (Schedule 3 – service stations). It is considered the site would be satisfactory in terms of site accessibility regarding people and freight movement to and from the site, particularly with the proposed pedestrian island to Bowral Road.


As the site is within the Warragamba Catchment area, the provisions of the Drinking Water Catchment SEPP must be taken into consideration in the assessment of the application. The application was referred to the Water NSW for comment as the development is considered a Module 5 proposal under the NorBE Guidelines. Concurrence was received from Water NSW on 11 June 2015 subject to conditions regarding forecourt water and stormwater management, provision of an Operational Environmental Management Plan and excavation & construction activities (Condition 76).







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The site is zoned B7 Business Park. In this zone, ‘service stations’ are permissible with development consent. Pursuant to section 2.3(2) of the LEP, Council must have regard to the objectives of the zone. The objectives of the B7 Business Park zone, and their consideration, are discussed below.

To provide a range of office and light industrial uses.


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

To ensure that new development has regard to the character and amenity of adjacent and nearby residential areas.

Whilst the development is not a traditional business park use, the zone nominates a variety of permissible uses. It is therefore not reasonable for Council to focus on ensuring the development achieves all the nominated objectives.

The objectives aim to attract ‘office and light industrial uses’ and ‘employment opportunities’ with the potential for other land uses meeting the ‘day to day needs of workers’, whilst having regard to the character and amenity of nearby residential areas. It is considered the proposed development is generally in accordance with the nominated objectives for the following reasons:

The development would create employment opportunities as well as indirect employment through contractors for waste collection, cleaners and landscape and maintenance staff;

The development would be available to both local residents and neighbours as well as workers in any future surrounding business park development;

It is not anticipated the development would have adverse impacts on the character and amenity of the nearby residential areas due to the orientation of residential receivers, and with the implementation and adherence to recommended conditions.

Clause 4.3 Height of Buildings

The LEP identifies the site as having a maximum building height of 10 metres. The development proposes a building height of approximately 4.5m, a sign of 5.1m and a petrol canopy of just under 6m and is therefore compliant with this clause.

Clause 4.4 Floor Space Ratio

The LEP identifies the site as requiring a maximum floor space ratio or 1.1:1. The development proposes and FSR of 0.04:1 and is therefore compliant with this clause.

Clause 7.9 Flood Planning

Whilst the site is not identified on the flood mapping associated with the LEP, Council has information that advises the site is susceptible to flooding. Consequently this clause is to be considered in the assessment of the application.

The site is located in the Fringe-Low Flood Risk Precinct as a result of stormwater overland flow coming from the Mount Gibraltar catchment. The development proposes to construct a piped drainage system that caters for a 1 in 20 year storm event, the building would be above the 1 in 100 ARI flood level, and the use of onsite detention and rainwater harvesting would ensure pre developed flows are not exceeded post




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development. Council’s Development Engineer is satisfied the development would be adequately designed to mitigate flood impacts.

Mittagong Development Control Plan

The development is subject to the Mittagong DCP. Below is an assessment against the relevant sections of the DCP.


Section 2 - Objectives of the Plan

The proposal is generally in accordance with the nominated objectives.

Section 3 – Ecologically Sustainable Development

The proposal is generally in accordance with the requirements of this clause, in particular A3.3 relating to development in Sydney’s drinking water catchment.

Section 4 – Flood Liable Land

The subject site has been identified as flood prone land and has been discussed previously in this report.

Section 5 – Vegetation Management & Landscaping

Council’s Vegetation Communities Map indicates that the site does not comprise any endangered ecological communities. There is no existing vegetation on the property. Condition 1 would ensure the implementation of the proposed landscaping plan.

Section 6 – Subdivision, Demolition, Siting and Design

A6.2 Demolition - The demolition of the existing building would require compliance with relevant Australian Standards (Condition 10). A6.4 Cut and Fill - The development proposes to cut the site greater than 750mm to level the site for a building pad and petrol service area. Whilst the cut would be greater than the DCP requirements, the site would not be suitable for uses nominated as permissible in the B7 Business Park zone without such excavation works. As such, the cut on the site is acceptable. Overburden would be required to be disposed of to an appropriately licensed facility (Condition 35)

Section 7 – Safer By Design

The proposal is generally in accordance with requirements of the clause.

Section 8 – Construction Standards and Procedures

The development would not be building over an existing sewer main and Council’s Development Engineer is satisfied the development achieves stormwater controls. A8.12 Waste Management and Disposal – No Waste Management Plan (WMP) was provided with the application and the quantities, material and disposal methods have not been provided. Consequently, prior to the issue of a construction certificate, a WMP and Council’s template Waste Management Plan shall be provided to Council (Condition 32). In light of the quantity of excavation/green waste/building materials etc required




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to be taken offsite facilitate the development, compliance with A8.12.3(f) requiring retainment of receipts from the disposal of waste would be imposed (Condition 35). This would reduce the likelihood of illegal dumping and would confirm the lawful disposal of materials. A8.16 Property Address – Street and Rural Numbering – Condition 57 would ensure street numbering is erected on the building prior to the issue of an occupation certificate.


A9.4.1 Free Standing Business Identification Signs in Business Zones (a) A maximum of one (1) free standing business identification sign shall be permitted in the area between the building and the street alignment where such sign may be single or double sided and must be framed. One free standing business identification sign is proposed. (b) A free-standing sign may run either parallel to the street or perpendicular to the street frontage. The sign is proposed to be perpendicular to the street frontage. (c) A free-standing sign shall be located within an overall sign structure envelope with dimensions not exceeding height: 4.5 metres, width: 1.5 metres, depth: 300mm. The free standing sign proposes dimensions of 5.1m tall and 1.6m wide, with a depth no greater than 300mm. Council has been consistent in applying a 5.1m height limit to similarly designed petrol signs to ensure sufficient space for legislative compliance regarding petrol prices. A variation to the DCP in this instance is therefore supported. (d) No part of the sign structure shall overhang Council’s footpath, nor the public road reserve. The sign is not designed to have any part of it overhanging onto Council’s footpath. (e) The sign shall be supported by ‘simply designed’ pole supports, avoiding large exposed supporting frameworks, unless in the opinion of the Council such framework is intentionally designed as an architectural feature. The sign is not designed to have exposed beams/pole supports.

Section 10 – Outdoor Lighting

Under canopy lighting is proposed and would be consistent with that of traditional service stations. It would be focused on the area of activity at each fuel dispensing unit. All lights and lamps would conform to the standards required under AS 4282 – Control of the ‘Obtrusive Effects of Outdoor Lighting’. A submitted lighting plan shows the extent of proposed light spill as being localised to the site and unobtrusive. The




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lighting would provide a security function without drawing unnecessary attention to the service station. Further, it would not adversely impact on surrounding development, will not create ‘twilight’ impacts and is unlikely to diminish the quality of the night sky. All lighting would require compliance with Australian Standards (Condition 53)


Section 2 – Design Considerations

B2.4 Designing for Pedestrian Access within the Town The development proposes a footpath to the front of the development which would connect in with a pedestrian island required as part of RMS upgrades to Bowral Road.

Section 4 – On Site Car Parking

B4.5 Requirements for New Development or Re-development (a) The number of car parking spaces to be provided on the site is determined by the nature of the development. Applicants should refer to the Table at the end of this section for the requirements for all types of commercial development. The proposal would be identified as a retail/office/commercial development under the car parking provisions of the DCP. The DCP requires one space per 30m2 of gross leasable floor area of buildings. With a gross leasable floor area of 81.4m2, a total of three spaces (when rounded up from 2.71) would be required. Considering the proposed development provides for six spaces, including one accessible space, the development compiles with the parking requirements for the site. Condition 56 shall ensure all parking spaces shall be used solely for the parking of motor vehicles for staff and customers, and on no account shall such spaces be used for storage or garbage purposes and that no signposting or restrictions on individual spaces is allowed. Council’s Development Engineer is satisfied the design of disabled parking spaces and the parking facilities as a whole satisfy the relevant Australian Standards.

Section 5 – Loading Facilities and Waste Resource Recovery Storage and Collection

A service area is proposed at the rear of the paypoint kiosk which would provide direct access to the rear of the building and would be used for loading, deliveries and waste collection purposes. This loading dock would impede on two car parking spaces, however considering the intermittent use of this area and that there is surplus parking spaces provided to the site, this is not seen to be a concern. The development would be able to cater for a 12.5m heavy rigid vehicle (HRV) to be manoeuvre into the loading dock safely and be able to enter and exit the site in a forward direction. Further, it is important to note that a petrol tanker is also able to enter and exit the site in a forward and safe

movement without encroaching on site obstructions.




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Section 7 – Footpath Advertising and Merchandise Displays

The application is not seeking the placement of ‘sandwich’ boards or merchandise displays on Council property at this stage.

Section 9 – Service stations and other vehicle related premises

a) A Development Application for a development to be assessed under this Part of the Plan must demonstrate that it meets the objectives stated above. The objectives of this section are:

(a) occur on a site that is sufficiently large and adequately serviced; The development is on a lot that is 1882m2, which is considered satisfactory for its operation as a service station. In terms of servicing, the site has the ability to connect into water, sewer, electricity, gas, telecommunications etc, and stormwater management is considered suitable also. (b) are of a bulk, scale and overall design appropriate to the site and local context; The bulk and scale has been discussed previously and is considered satisfactory for the streetscape and locality. (c) give due consideration to the design of the development within the streetscape to ensure that the development is appropriate within the context of existing development; This issue has been discussed previously in this report, and is considered satisfactory. (d) adequately address potential noise and odour issues; A Noise Impact Assessment (Attachment 5) was provided with the application which undertook continuous noise monitoring of the locality between 31 January 2015 and 6 February 2015 to determine the existing background and ambient noise levels for the area. The report advises that fuel tanker deliveries would be restricted to the day (7am-6pm), although on occasion other deliveries may occur during the evening (6pm-10pm). No deliveries would occur at night (10pm-7am) (Condition 58). The report also took into consideration noise emanating from mechanical plant and air conditioning equipment, smaller delivery vehicles and customer vehicles. The report advises that the site is suitable for the intended purpose providing recommendations outlined in the report are incorporated into the development (Condition 61). Considering the relatively constant traffic on Bowral Road, noise generated by the site would be audible at times but not intrusive at any nearby residence. As the character and amplitude of activities associated with the site would be similar to those already




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impacting the area, it would be less intrusive than an unfamiliar introduced source. Providing the recommendations presented in this report are implemented, it is not considered the operation of the service station would have any long term adverse impact upon the acoustical amenity of nearby residents. (e) adequately provide for on-site disposal of water-run-off; Stormwater management and quality has been considered suitable by Water NSW. (f) adequately provides for the safe storage and disposal of paints, solvents, oils and other materials used on-site; The storage of oils, petrols etc would be installed in accordance with best practise principles (Condition 62). (g) adequately provide for prevention of contamination of any waterway; The development proposes a SPEL (brand name) puraceptor which would treat stormwater prior to it being discharged into the stormwater system. Water NSW have considered the proposed method for prevention of waterway contamination as suitable. (h) adequately provide for the prevention of land contamination. Construction standards associated with the installation of underground petrol storage systems prevent seepage of petrol and subsequent contamination.

(b) Applicants are also reminded that the development must meet the requirements of Part A and Sections 1 to 5 of Part B of this Plan. The development satisfactorily complies with the other requirements of the DCP as has been demonstrated in this report. (c) The development design must incorporate facilities for at least one male and one female toilet, with appropriate access for people with a disability. One accessible bathroom is provided to the development. This is considered suitable for the needs of the development.

Section 12 – Late Night Premises

(a) That the principles of Safer by Design (Section A) are fully addressed, The application demonstrates safer by design principles as set out in the DCP. (b) A Plan of Management is prepared Condition 63 shall require the provision of a Plan of Management prior to the issue of an occupation certificate.




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(c) Adequate provision must be made to ensure that food waste is securely stored to ensure there is no reduction in urban amenity through unsightly storage, odour or vermin. The plan of management shall address how waste is to be stored and secured.

Section 17 Bowral Business Park Precinct

B17.2 Preferred Development Outcomes (a) a range of retail activities which, due to the nature of their business operation, and site and loading/unloading requirements, are not suitable for a commercial centre. These activities include bulky goods premises, landscape and garden supplies, and vehicle sales or hire premises. Whilst the uses nominated above are all light industrial / retail style uses, the proposed development is a form of retail with its operation not necessarily ideal in a commercial centre. (b) a scale of development that does not reduce the amenity of surrounding residential areas. The scale of the development alone would not adversely affect the amenity of surrounding residential areas. (c) A co-ordinated style of development which provides a ‘cohesive’ appearance along Bowral Road. The proposed development would be a singular development with a ‘shared driveway’ on the eastern side of the site to provide access to land surrounding (east, west and rear), should it be developed in the future. Whilst the development of this locality appears to be commencing in a piecemeal approach, the locality still has the ability to appear cohesive in the future. (d) an attractive streetscape and substantial areas for landscaping and screen planting along the Bowral Road and Railway Parade frontages. The development has proposed areas to the Bowral Road frontage and at the rear of the site for landscaping. Landscaping would include a mixture of Callery Pear trees (5m tall), Japanese box hedging (1m tall), Bull Bay (2m tall) and Shrub Rose (0.9m tall) plants with flowering chamomile and sea daisy groundcover and African lily grasses. Landscaping would be to the property boundaries, predominantly the south eastern corner of the site and the northern and western boundary. It is considered these areas are satisfactory in terms of provision of landscaping to the site. (e) One co-ordinated access point for the whole Precinct to ensure that traffic flows along Bowral Road are not impeded.




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The proposed ‘shared driveway’ to the west of the paypoint kiosk building has the ability to be a main ‘coordinated’ entrance for this precinct, and this parcel of land would have part of the shared driveway constructed within its boundaries. So as to ensure the availability of this shared driveway can be used by any future development in the B7 Business Park zoned land, Council has imposed a condition to require the owner to create an easement with all dominant tenements (affected landowners) within the B7 Business Park zone (lots to the east and west of the site). The terms of the easement would require all landowners to be responsible for constructing, maintaining and repairing the pavement required over the easement and also require all landowners to indemnify Council against all liability for and associated with the use of the easement (Condition 22). The imposition of this condition would alert future development of the site to the intention of this preferred development outcome and result in a coordinated development to the B7 Business Park zone. (f) adequate provision for on-site parking and the safe and efficient movement of vehicles within site boundaries. As addressed, sufficient onsite parking is proposed and way-finding signage (Entry, Exit, No Entry etc) would aid in the safe movement of vehicles within the site boundary. (g) adequate provision for the safe and efficient loading and unloading of vehicles within site boundaries. The application proposes a formal loading dock / waste disposal area as part of the design of the site. The design of the loading dock area would provide for the safe and efficient loading and unloading of vehicles, as discussed previously in this report. B17.3 Specific Development Controls a) The maximum height allowable on the site shall be ten (10) metres. The development does not exceed the maximum 10 metres. b) The maximum site coverage allowable shall be 1:1.1-1.19. The maximum site coverage is 0.04:1 and is therefore compliant with this clause. c) The development shall have a minimum setback of ten (10) metres at its frontage to Bowral Road. The kiosk is setback 8.6m from Bowral Road with the width of the building being 7.2m. The application requests a variation of the minimum setback given the frontage of the site is 41m wide. The proposed kiosk represents 18% of the site frontage, and the proposal includes the provision of substantial landscaping. For the reasons identified above,




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the variation to this clause in the DCP is supported. The 1.4m encroachment would not result in adverse streetscape impacts, and the development would be adequately embellished with small (1m) and tall (5m). d) The design of the development shall reflect an appreciation for the importance of scale, materials, texture and colour in contributing to the urban amenity of the site. The proposed development would be of a low scale in terms of its bulk and design. The development would not dominate the streetscape and is sympathetic to the urban amenity of the locality. e) The building must present to Bowral Road and all external walls shall be constructed of brick, glass or pre-cast exposed aggregate panels of similar material. However, use of new materials that generate a lower environmental cost will be considered on their merits. The building presents to Bowral Road, particularly to the westbound traffic flow, as a result of building identification signage on the eastern elevations; entrance to the building is on the eastern façade. The proposed materials are professional and together they would provide a formalised finish to the building. f) Colours are to be subdued tones to minimise the intrusive visual impact of the development and a colour plan must be submitted with the Development Application. The paypoint kiosk is predominantly a grey finish with signage and canopy facia supporting commercial colours such as greens and red. These are considered satisfactory and would not be adversely intrusive on the locality. g) No external lighting shall interfere with the amenity of surrounding residential areas, nor interfere with traffic along Bowral Road. A lighting plan has been submitted with the application, as well as a supporting statement which demonstrates that lighting would not interfere with the amenity of residential areas or traffic along Bowral Road. h) The development shall provide for vehicular ingress and egress which in no way impedes the safe and efficient flow of traffic along Bowral Road. Applicants shall provide detailed plans which indicate how vehicular traffic, including delivery vans and waste disposal vehicles, will be directed on to and off the site. Estimates of additional traffic flows shall be prepared and submitted with the Development Application. The proposed treatment to Bowral Road involves the construction of a channelised right turn into the site travelling eastbound with an auxiliary lane. Vehicles would be able to enter left into the shared driveway travelling west along Bowral Road. Further, vehicles exiting the shared




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driveway would not be able to turn right onto Bowral Road, only being able to turn left. Finally, Bowral Road would require widening to create a 13m carriageway from kerb to kerb for the full length of the intersection treatment (Condition 78). See Attachment 4 for a diagram of the proposed intersection treatment. The proposed treatment to Bowral Road has been designed in coordination with Council’s Transport Planning Officer, Council’s Development Engineer, NSW Roads and Maritime Services traffic staff and the developer. It is acknowledged that the proposed treatment may not be the most ideal outcome for the site however it is the best negotiated outcome for all parties involved at this point in time that would still provide for safe and efficient flow of traffic along Bowral Road. RMS and Council have indicated their intentions to require signals at this intersection, and have ensured its design can be retrofitted in the future, should any further development of the B7 Business Park zoned land require it. Both parties agree that the development of the service station alone does not warrant the installation of signals at this point in time.










It has been demonstrated that the application complies with the relevant controls of the Mittagong Development Control Plan, pending consideration of requested variations to the front setback of the paypoint kiosk (B12.3(c) of the DCP).


Not applicable.





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Not applicable.



Traffic – A Traffic Management Report prepared by Colston Budd Hunt & Kafes Pty Ltd, dated April 2015 (amended July 2015) (Attachment 6) was submitted with the application. The report discusses the provision of parking to the site access arrangements, internal circulation/layout, traffic effects and matters raised by RMS during the assessment period.

The report advises the service station would be laid out in a clear manner providing capacity for 20 vehicles (including spaces at the bowsers and queuing area) within the site. The report advises the site would be able to cater for movements by vehicles of up to 19m semi-trailers and sweep paths were provided to demonstrate safe manoeuvres in accordance with relevant Australian Standards.

The report has used the RMS Guide to Traffic Generating Developments to determine potential traffic generation and its impact on the local road network. The report determined that the development has the potential to generate 90-100 vehicles per hour (inbound plus outbound) during the weekday afternoon peak period, also assuming that the majority of this traffic would be existing passing trade. Essentially, the report concluded that additional traffic from the developments would be adequately catered for within the existing road network.

On 21 September 2015, the RMS provided their approval for the intersection treatment as proposed, conditioning requirements such as the imposition of a right of carriageway to all lots within the B7 Business Park zone, construction of the channelised right turn into the site, road widening to Bowral Road to create a 13m wide carriageway from kerb to kerb for the full length of the intersection, provision of a pedestrian refuge to Bowral Road and other standard RMS road construction conditions (see Attachment 3 for the RMS approval).

The application was referred to Council’s Transportation Planning Engineer for comment. Whilst the Transportation Planning Engineer advises that the proposed intersection appears adequate, three areas that appear problematic were raised as concerns:

1. The intersection treatment results in too many additional points of conflict that are not proposed to be adequately managed;

The proposed location of the shared access in proximity to the Sedgman Avenue/Dalton Street intersection with Bowral;

The cumulative effect of further development on the existing traffic situation on Bowral Road i.e. the proposed petrol station and any future development of the B7 Business Park zoned land.




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Whilst Council’s Transportation Planning Engineer has advised the proposed traffic treatment may result additional points of conflict, Bowral Road is a classified road of which RMS have jurisdiction over. The RMS consider the design satisfactory from a traffic generation and safety perspective.

2. Road geometry of the median showing a square edge to Bowral Road; and

The road geometry plans can be modified prior to any construction certificate issued.

3. Concerns relating to the proximity of the KFC drive thru and the exit of the proposed petrol station to any future right of carriageway on land to the rear.

This is a concern which would have significant traffic movement and safety implications. The distance between the three points would have the ability to cause conflict and traffic incidents. To avoid this situation, Condition 22 shall require the shared access restriction to advise that the location of the easement shall be located away from this intersection point, to ensure safe intersection sight distance and other traffic matters.

Site Design – The design of the site is considered suitable in terms of encouragement for any future development within the B7 Business Park zone. The restriction/easement proposal would indicate access intentions to current and prospective purchasers. Council’s Development Engineer is also satisfied the proposed shared driveway is a suitable width to cater for future development capacity of this location.


The site is considered to be suitable for development: water quality and quantity management, streetscape visual impacts and traffic generation/impact, subject to compliance with conditions recommended in this report.




The appropriate use of business zoned land is in the public interest. There are no covenants and/or restrictions on the title restricting development of the site, and there are no relevant planning studies or strategies associated with a development of this nature that require consideration. Further, the application is considered to be suitably compliant with the Wingecarribee Local Environmental Plan 2010 the Mittagong DCP. Consequently, the development would not contravene the public interest.

CONSULTATION


On 8 December 2014, Council staff (Town Planner, Development Engineer and Transportation Planning Officer) met with the developer and NSW Roads and Maritime Services to discuss traffic matters. No other formalised pre DA discussions were had.




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External Referrals



The RMS were referred the application as the development is a traffic generating development pursuant to clause 104 of the Infrastructure SEPP. They provided their approval (Attachment 3) to the application subject to upgrade treatments to Bowral Road.

NSW Rural Fire Service Whilst the development, is not considered a special fire protection purpose, the application was referred to NSW Rural Fire Service for comment as the site is bushfire prone. Their recommended conditions were provided and relate to water and utilities, managing the area as an inner protection area, access construction and landscaping to comply with Planning for Bushfire Protection 2006 (Condition 42).

Water NSW The application was referred to the Water NSW for comment as the development is a Module 5 proposal under the NorBE Guidelines. Concurrence was received from Water NSW on 11 June 2015 subject to conditions regarding forecourt water and stormwater management, provision of an Operational Environmental Management Plan and excavation & construction activities (Condition 76).

Internal Referrals


Accredited Certifier No objections raised, subject to various standard conditions of consent.

Development Engineer No objections raised, other than those previously raised in this report.

Transportation Planning Engineer

The Transportation Planning Engineer has raised concerns with regard to the implication traffic generation on the local road network. However, the Transportation Planning Engineer has acknowledged that RMS are the authority responsible for consideration of the application in terms of traffic.

Contributions Planner No objections raised, subject to conditions of consent regarding section 94A and section 64 contributions (Conditions 70, 71 & 72)

Manager Environment and Sustainability

Application referred for contamination advice. No objections raised, discussed previously in this report.


The development application was neighbour notified from 27 May 2015 to 26 June 2015. During this period, two submissions were received. The issues raised in these submissions received are considered under key topics and responded to below:




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1. Increased traffic generation to locality

The impacts of traffic have been discussed at length previously in this report. NSW Roads and Maritime Services have advised that traffic generated from the development, and any subsequent traffic upgrades/treatment, would be satisfactory and would not result in an adverse or unmanageable impact on the local traffic network.

2. Drainage

The impacts of stormwater drainage have been considered previously in this report. Council’s Development Engineer is satisfied the development would be able to manage pre developed flows and any water generated from hardstand surfaces associated with this development without causing downstream impacts.

3. Increased noise

The impacts of noise have been addressed previously in this report. It is not anticipated that noise would exacerbate existing noise levels in the locality or adversely affect the amenity of nearby residential receivers.

4. Glare nuisance concerns during night from illuminated signage and late night trading

Lighting has been addressed previously in this report. Essentially, Conditions 53 & 54 shall be to reduce signage glare should concerns be raised with Council during the operation of the site.

5. Visual impact from commercial signage

The impacts of signage have been addressed previously in this report. It is not anticipated that signage would result in adverse visual impacts to the locality. The proposed signage is modest and not considered to be overstated for the intended use.


Environment


Social

There are no significant social issues in relation to this report.


The business would provide a place of work for the community, contributing to job opportunities in the locality.

Culture

There are no overarching cultural issues in relation to this report.

Governance

Good governance and the correct application of Council’s role as a regulatory authority requires the lodgement and assessment of a development application in accordance with the Wingecarribee Local Environmental Plan 2010, the Environmental Planning and Assessment Act 1979 and any matters relevant to the development. The development




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application has been considered in accordance with the LEP, the Act and any matters relevant to the development.











An assessment of the proposal has been made against Council’s LEP and the Mittagong Development Control Plan, with compliance being demonstrated. There are no other relevant Council policies related to the assessment of this application.

OPTIONS


Option 1


Option 2






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CONCLUSION

DA 15/0434 seeks consent to construct a Woolworths service station and undertake ancillary works including demolition, car parking areas, signage and landscaping at 96 Bowral Road, Mittagong.. Issues relating to traffic and operational matters have been addressed and are considered to result in an acceptable impact on the locality, subject to conditions recommended in this report and Council’s standard development conditions.



ATTACHMENTS


2. Plans of Proposed Development - circulated under separate cover

3. NSW Roads and Maritime Approval - circulated under separate cover

4. Plan of Proposed Roadworks to Bowral Road - circulated under separate cover

5. Noise Impact Assessment - circulated under separate cover

6. Traffic Report - circulated under separate cover




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10.4 DA 14/1328 Construction of a 16 Multi-dwelling Development and Demolition of Existing Dwelling - 11 Clarke Street and 5 Cliff Street, Bowral


Services Applicant: James Allman, Allman Johnston Architects Owner: OC Investments Pty Ltd & ANL Discretionary Trust Link to Corporate Plan: Provide for higher density development within the towns of

Mittagong, Bowral, Moss Vale and Bundanoon

PURPOSE The purpose of this report is to consider a development application, DA 14/1328, which seeks consent to construct a 16 dwelling ‘multi dwelling housing’ development and undertake ancillary works such as car parking, internal driveways, on-site stormwater detention and landscaping at 11 Clarke and 5 Cliff Streets Bowral. The application has been reported to Council in view of the community interest in the proposal as evidenced by the number of submissions received. Consequently, this report is prepared for determination, and recommends approval, subject to conditions.



RECOMMENDATION THAT development application DA 14/1328 for a proposed 16 dwelling ‘multi dwelling housing’ development including ancillary works such as car parking, internal driveways, on-site stormwater detention and landscaping at Lot 1 DP 1041999 and Lot 8 DP 702375 11 Clarke and 5 Cliff Streets Bowral be approved subject to conditions as described in Attachment 1 to the report.

REPORT

Background

The application was lodged on 19 December 2014. As the land is mapped as being bush fire prone the application was referred to the Rural Fire Service (RFS) on 16 January 2015. It was also referred to Water NSW on 16 January 2015.

Notification of the application was undertaken twice. It was notified the second time in order to clarify the correct property description in the title of the notification notice.




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Subject Site and Locality The site is known as 11 Clarke (Lot 1 DP 1041999) and 5 Cliff (Lot 8 DP 702375) Streets Bowral. The site has an area of 5,262.64m2. Figures 1 & 2 identify the site. The site is bound by Clarke Street to the east, Cliff Street to the north and private land holdings to the south and west. A detailed description of the land as contained in the Statement of Environmental Effects (SoEE) is as follows: Lot 1 is a rectangular parcel oriented east to west with a frontage to Clarke Street of 40.275 m and a depth of 100.62m. There is an easement for stormwater drainage on the western boundary and runs to the Cliff Street frontage with a width of two metres. Lot 1 has an area of 4,062.84m2. Lot 1 has a moderate slope from east to west of 16m over its 100m length at an average gradient of 1 in 6.25. In the north eastern corner of the site, the site falls more steeply from Clarke Street, at a gradient of 1 in 5. It is vacant with around 25 trees in its eastern third adjacent to Clarke Street. There is a sewer manhole adjacent to the mid-point of the eastern boundary of Lot 1 with all other services on the Clarke and Cliff Street frontages. Lot 8 DP 7023755 is rectangular with boundary dimensions of 20.115m and 59.65m and is oriented east to west with its long boundary fronting Cliff Street. It has an area of 1,199.86m2. It has an average gradient of 1 in 6.7 from east to west. Lot 8 consists of a two storey brick cottage with a separate garage and has an irregular timber retaining wall in its western portion. Lot 8 has approximately eight established trees on its northern and western boundaries and two street trees exist on the Cliff Street frontage. Access for vehicles to Lot 8 is on the north eastern corner and the eastern portion of the site has a timber retaining wall on the eastern boundary and a brick retaining wall ten metres further to the west, creating relatively flat ground for the existing concrete driveway and metal clad garage. Lot 8 is traversed in its north eastern corner by a sewer main with a sewer manhole occurring approximately 20 metres from the eastern boundary. There are seven (7) existing medium density developments in the Cliff and Clarke Streets locality. In addition a medium density development has been recently approved at 13 Clarke Street.




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DETAILS OF PROPOSAL

On 19 December 2014, a development application was lodged by James Allman, Allman Johnston Architects, which seeks consent to construct a ‘multi dwelling housing’ development consisting of 16 dwellings (see Attachment 2 for plans of proposed development). The existing dwelling on 5 Cliff Street would be demolished. The submitted Statement of Environmental Effects (SEE) in part describes the proposal as follows:

The proposed development is 16 townhouses in two groups of four attached units and four groups of duplex units.

The proposed site arrangement is determined by vehicular access, with the driveway for the development meandering through the site, from an entrance at Clarke Street to an exit on Cliff Street.

For the Cliff Street frontage, two duplexes are proposed setback eight metres from the Cliff Street boundary, with individual entrance and egress driveways.

Each unit is provided with a minimum of three bedrooms with some containing a separate study.

All units are provided with a double lockup garage, storage and separate laundries.

Six visitor parking spaces are provided throughout the site in three pairs, evenly spaced through the development to facilitate visitation to each unit.

Each unit has two levels.

Each unit is provided with private outdoor living space, with proposed strata title boundary locations indicated on the site plan.

Units proposed to be adapted for disabled access and habitation are indicated on the detailed plans with proposed modifications noted, together with required circulation spaces for wheelchair access.

The townhouses are to be constructed with a concrete slab to the basement level, reinforced concrete blockwork retaining walls to natural ground level and lightweight timber framing to the superstructure and first floor. Cladding consists of oiled vertical timber cladding, horizontal Hardies Scyon stria and matrix cladding, with selected paint finish and a Colorbond Zincalume custom orb profile roof.




Clause 7 of SEPP 55 requires the consent authority to consider whether land is contaminated prior to granting consent to the carrying out of any development on that land, and to be satisfied that the land is suitable for the proposed use. As the site constitutes residential use a desktop assessment leads to the conclusion that the land is not a site of possible contamination and therefore no further assessment of contamination is required.

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

A BASIX Certificate number 592693M_02 dated 2 December 2014 is included with the documentation submitted for development consent. A report prepared by Efficiency Assessments (energy assessment consultants) was included with the documentation submitted. This report assesses the design of the proposed buildings in relation to their energy requirements, heating and cooling.

A BERS (building energy ratings scheme) report prepared by Efficiency Assessments has also been lodged with the BASIX Certificate. The BERS report indicates acceptable levels




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of energy consumption in relation to heating and cooling of the units, water conservation measures and thermal comfort provisions. All of these fall within acceptable levels for compliance with the minimum requirements.


The matter was referred to the Sydney Catchment Authority and their reply dated 10 February 2015 states:

‘Based on Water NSW’s site inspection and the information provided, the proposed development has been assessed by Water NSW as being able to achieve a neutral or beneficial effect on water quality provided appropriate conditions are included in any development consent and are subsequently implemented.’ (Condition 65).





The site is zoned R3 Medium Density Residential and in this zone ‘multi dwelling housing’ is permissible with development consent. The objectives of the zone are:

To provide for the housing needs of the community within a medium density residential environment.

To provide a variety of housing types within a medium density residential environment.

To enable other land uses that provide facilities or services to meet the day to day needs of residents.

The proposed multi dwelling housing development provides for the medium density housing in a mix of 16 dwellings in two groups of four attached units and four groups of duplex units. Each unit is provided with a minimum of three bedrooms with some containing a separate study. Units 2 - 4, 8 and 11 - 12 are proposed to be adapted for disabled access and habitation. Therefore, the proposed development meets the objectives of the zone.

Clause 4.1 Minimum Lot Size

The minimum lot size applicable to the land under Clause 4.1 is 700m2. The total area of the site is 5,262.64m2. Clause 7.1 would permit, with development consent, the future strata subdivision of the development. This application does not include strata subdivision.

Clause 5.9 Preservation of Trees or Vegetation

An Arborist’s report is included with the Application, which audits the existing trees on the site and assesses the impact of the proposed development on these. The Arborist’s report indicates a total of 33 trees on the site predominantly cabbage gums with the surface of the site dominated by maintained grass.

No 5 Cliff Street is dominated by mature ornamental trees. Trees on Council’s roadside verge have been repetitively topped for power line clearance and are not considered to be in good condition.




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The Arborist’s report concludes that existing trees on the site are either unsuitable for retention due to their advanced age, non-endangered status and inappropriateness to a medium density town house site such as this and indicates that none is worthy of protection. The proposed landscaping design allows for native endemic species generally, which will enhance the appearance of the existing site should the proposed development proceed.

Clause 7.3 Earthworks

Cut and fill on the site is minimised as far as possible, recognising that for the site to be developed at all, cut and fill would be essential to establish levels appropriate for medium density development.

The ‘Site Section’ drawing gives the most accurate indication of the extent of cut and fill. The maximum cut as shown on that drawing would be 1.8m. The maximum fill as shown on that drawing would be 2.2m. The majority of cut and fill across the site is less than these maximums.

Notwithstanding this, minimisation of cut and fill is proposed to ensure that the site remains stable and to avoid the complex and costly necessity for large scale earthworks and retention systems. The proposed earthworks are unlikely to have any detrimental effect on existing drainage patterns and soil stability in the locality.

The proposed earthworks facilitate the development of the land for medium density housing. Excavated soil from the land would be used for fill and landscaping on the site. Council’s mapping does not indicate evidence of Aboriginal items or other relics on the land. The site is not in close proximity to, and the proposed development is unlikely to have adverse impacts on, any watercourse, drinking water catchment or environmentally sensitive area.


Bowral Town Development Control Plan (DCP)

The development is subject to the Bowral DCP. Below is an assessment against the relevant sections of the DCP.

Performance

Criteria/Standard Complies Part A All Land

Comment A2.2.4 Residential Amenity Objectives

The proposed development is sympathetic to the medium density neighbourhood character. Sustainable principles via BASIX requirements are incorporated into the proposal.

A2.2.5 Residential Diversity

The development offers a two storey medium density housing option within Bowral. Two separate parcels of land would be amalgamated to create the development site.

A2.2.6 Visual Amenity The site slopes away from both Clarke and Cliff Streets and two storey buildings would have acceptable visual impact when viewed from the streets. The slope would reduce the visual impact when viewed from Clarke and Cliff Streets.

The following point made in the SEE is agreed with: ‘… the development is sympathetic and through the variety of its forms and varied setbacks of its façade, enhances the character of the existing area with its diversity of built form. This diversity encourages a variety of private open space options to the occupants and increases the visual interest of the development as a whole.’ Proposed landscaping is of good quality and private open space is provided.




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Performance Criteria/Standard

Complies Part A All Land Comment

A2.2.7 Public Views and Vistas

As the buildings are stepped down the slope it is considered there would be no significant impact on views and vistas from public places.

A2.2.8 Environmental Sustainability

Partly All existing trees on-site would be removed as a consequence of the development. An Arborist report has been submitted with the DA. Replacement landscaping is of high quality and should enhance biodiversity. Council’s Development Engineer is of the view that the stormwater situation in the locality would improve should the development be approved.

A3.3 Development in Sydney’s Drinking Water Catchments

See comments above under the heading State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011.

A3.6 Water Sensitive Design

‘Concept Stormwater Management Plans’ (as amended) have been submitted with the DA as has a ‘Water Cycle Management Study’ report incorporating modelling. Council’s Development Engineer considers the amended plans to be acceptable. The ‘Stormwater Drainage Plan – Downstream of Site’ proposes to legally undertake work within an easement in favour of the subject land located on No 1 Cliff Street. In this regard correspondence from the Consulting Engineers states: ‘Due to the layout of the proposed development, we note the following features that will minimise the volume of stormwater runoff that the downstream site currently experiences; a) On-site Stormwater Detention and Rainwater Storage Tanks: As per Council’s requirements, the site requires an on-site stormwater detention (OSD) to ensure that the post-development flows do not exceed pre-development flows for all storm events up to the 1:100 year ARI event. Based on our calculations, the site requires a total of 171.6m3 of OSD storage to ensure that the maximum discharge for all storm events in the post-development scenario do not exceed the pre-development discharge. Each unit has a 7,000L rainwater tank, to capture rainwater run-off from the roof drainage for use within the dwellings. The proposed design provides over 280m3 of stormwater storage. b) Directing Post-development site flows to Cliff Street: Currently the stormwater run-off from the entire site (site area of 5271m2 ) drains in an uncontrolled manner to a low point along the Western site boundary through the downstream property, 1 Clarke Street, Bowral via a designated stormwater drainage easement (refer to civil plan 14007_DA05). In the post-development scenario, the total site area draining to the rear is minimised by 14% (4541m2), and 730m2 of the site drains to Cliff Street, via an OSD basin. Management of Overland Flows through downstream property




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Currently the site drains via an easement for the drainage of water within Lot 1 DP 1042479, 1 Cliff Street Bowral. The volume of stormwater that travels through the easement will not be increased, by providing on-site stormwater detention (OSD) as outlined in the item 1 above The following measures have been implemented to minimise the chances of a blockage/failure in the OSD systems and to ensure that overland flows travel to Cliff Street safely though the downstream property in the event of an emergency, where the outlets/inlets of the OSD systems block up and no stormwater runoff is detained on-site;

Pipes within the drainage easement/access road of 1 Cliff Street to be upgraded in size/capacity to drain the existing site flows plus the site flows in the 1 in 100 year ARI storm event from 11 Clarke Street.

The stormwater storage is provided in multiple storages, including 5 basins, 1 below ground tank and 16 rainwater tanks. Multiple storage areas minimises the odds of all the storage being blocked and overflowing at the same time.

To minimise the chances of blockages/failures the stormwater detention systems are to be regularly maintained in accordance with a maintenance schedule, refer to plan 14007_DA07.’

The easement for drainage of water running through No 1 Cliff Street has landscaping and a substantial amount of constructed driveway over it. The proposed works within the easement would require the digging up of existing landscaping and driveway in No 1 Cliff Street. In order to minimise disruption to the residents of No 1 Cliff Street a construction management plan for works within the easement shall be required if the Application is to be granted consent (see Condition 16) . A further condition is proposed to be added requiring a $15,000 bond for the construction works within the easement (see Condition 27). It is also noted that Council’s ‘Development & Subdivision Engineering Standards & Planning Guidelines’ states that ‘the installation of underground detention facilities in residential developments or pumped discharge facilities for any developments will not be approved’. In this instance the Applicants are proposing to utilise one underground stormwater detention storage tank. As the proposed development is medium density housing on a sloping site Council’s Development Engineer recommends that the Guidelines be varied in this instance. The Guidelines have been varied in other instances.

A5.2 Private Landscaped Open Space

A ‘Landscape Plan’ has been submitted with the DA. The landscaping concepts proposed are described on the plan as follows and are considered suitable for a medium density development:




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The proposed gardens (for) the residences will create a harmonious and cohesive landscape setting which will form a significant feature of the development. The continuous slope of the site necessitates a series of sandstone and masonry retaining walls which form terraces between the buildings and along the central driveway. Where possible spilling flowering plants will soften the appearance of the walls and provide seasonal colour. A timber balustrade will be installed over any wall exceeding 1m in height. Access through the gardens will include paved paths adjacent to buildings and robust concrete stepping stones within garden beds. Planting within the gardens will be informal and include generous massed planting of Australian native shrubs and grasses which occur naturally around Mount Gibraltar, such as Lomandra, Stypandra and Banksia species. The landscape treatment between the buildings will include large areas of low native grasses to stabilize slopes and ensure irrigation and maintenance requirements will be minimal. Vertical green walls positioned adjacent to residences walls will feature flowering climbers including species native to Mount Gibraltar such as the Native Sarsparilla and Clematis. Sheltered areas between buildings offer opportunities for establishing the ferns, lilies and orchids native to the wet sclerephyll forest of Mount Gibraltar. The scale and visual impact of the buildings will also be softened by the use small evergreen trees including Banksia and Eucalyptus species and large evergreen shrubs around the periphery. The proposals include 11 new street trees within Clarke Street and Cliff Street road reserves comprising the Weeping Bottlebrush.’ Council’s Vegetation and Tree Management Officer has advised that more appropriate street trees in keeping with the ‘Draft Street Tree Master Plan’ are the White Flowering Crepe Myrtle, Upright Crab Apple or the Flowering Plum. This matter has been conditioned accordingly (see Condition 69).

A6.2 Demolition The dwelling proposed to be demolished on 5 Cliff Street is not a listed heritage item or within a heritage conservation area.

A6.3 Site Analysis A satisfactory ‘Site Analysis Plan’ has been submitted with the DA. The ‘Statement of Environmental Effects’ also assists with the site analysis.

A6.4.3 Cut and Fill Development Controls

Partly Due to the topography of the site cut and fill exceeds 750mm for parts of the development. The ‘Site Section’ drawing gives the most accurate indication of the extent of cut and fill. The maximum cut as shown on that drawing would be 1.8m. The maximum fill as shown on that drawing would be 2.2m. The majority of cut and fill is less than these maximums. Taking into account the slope of the land and the fact that it is zoned for medium density residential purposes it is considered reasonable to vary the extent of cut and fill in this instance.




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A7.4 Safer by Design Specific Design Requirements

Safer by design criteria have been adequately addressed in the Statement of Environmental Effects and incorporated into the design of the development. The Statement of Environmental Effects states: ‘The proposed design creates a village like atmosphere with the central driveway representing public space, which is clearly visible to each unit. Private spaces for each of the units is overlooked with substantial window area for owner occupier supervision and a clearly defined entrance and exit to the site, together with well-defined entries, garages and visitor parking spaces all to be provided with adequate lighting, ensure that a strong sense of ownership and community will apply to the development.’

A8.12 Waste Management and Disposal

A satisfactory Waste Management Plan (WMP) has been submitted with the DA for the construction phase of the development.

A.10 Outdoor Lighting The Statement of Environmental Effects gives the following analysis in respect of outdoor lighting: ‘Outdoor lighting will be selected to ensure that light spillage to adjacent properties is minimised. Light timers and movement detectors will be used for external lighting to save energy and prevent unwanted light sources, when external lighting is not required.’

Performance

Criteria/Standard Complies Part C Residential Zoned Land

Comment C1.6.2 Building Materials Specific Controls

It is not proposed to use zincalume or galvanised iron. An acceptable detailed colour scheme has been submitted with the DA. The proposed materials and colours to be used are as follows:

“Roof: custom orb Colorbond steel sheeting in Colorbond ‘Jasper’.

Walls: Basement and ground level external walls will be oiled vertical timber cladding, above which ‘Scyon stria’ fibre cement cladding and ‘Scyon matrix’ painted fibre cement sheeting will be used. The proposed colour scheme is shown on the architectural drawings, and consists of ivory stone paint finish to stria weatherboarding and stony beige to rendered walls.

Window and door frames: powder coated aluminium off white.

Fascias, gutters and downpipes: Colorbond zincalume ‘Woodland Grey’.”

C1.7 Infill Development on Difficult Lots

The site is a difficult one due to its topography. It is considered reasonable that the controls within the DCP be varied to facilitate development of the land for medium density purposes.

C3.2.2 Site Amalgamation Specific Controls

Site frontage to Clarke Street is 40.275 m. The front boundary to Cliff Street is 59.65m. The development would occur on two existing lots. Adjoining allotments have been or are proposed to be developed for medium density




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Complies Part C Residential Zoned Land Comment

housing. Impacts on amenity are considered to be acceptable.

C3.3.2 Site Planning Specific Controls

Partly 7 of the 16 dwellings address either Clarke or Cliff Streets due to the configuration of the land. This is consistent with other medium density developments in the Clarke Street neighbourhood. It is arguable that the number of dwellings addressing the streets are maximised. Car spaces other than visitor spaces are contained within garages in the curtilage of the dwellings. A single-lane driveway in a one-way vehicular system through the site minimises the extent of hard paving on the site whilst simplifying vehicular circulation. Meandering of the driveway down the slope of the site reduces the driveway gradient and allows level areas for access to garaging. Building articulation is sufficient and long unbroken forms greater than 25m in length are avoided. All units have a wall within 50 metres of either Clarke or Cliff Street. The design of the units within the site with walls more than 50 metres from either Cliff or Clarke Streets are well articulated and vary in height, allowing for the slope of the land. The numbers of dwellings which are more than 50m from the street have been minimised. Existing natural features of the site i.e. slope have largely dictated the design of the development. There is a need for cut and fill but the development generally follows the topography. All trees on-site are proposed to be removed. All dwellings living areas have at least some access to the north. The units are oriented to the north to maximise passive solar design features available to the site. This is reinforced by the use of highlight windows oriented to the north in the central portions of most of the top floors of the units to provide a heat chimney for naturally cooling the units in summer, whilst also providing winter sun penetration and natural light throughout the year.

Landscaping helps to screen and soften the impact of the proposed development from adjoining land and the street.

C3.4 Density and Site Coverage

Proposed Floor Space Ratio is 0.4721:1.

C3.5 Street Presentation x Council does not want the current practice of locating dwellings on a site so that they address a common driveway to continue. This proposed development does not meet this requirement as the dwellings address a common driveway. The site dimensions dictate the site layout. Many other medium density developments in the Clarke Street precinct also do not comply with this requirement. It is considered that the design of the development and the




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effectiveness of the proposed landscaping has sufficient merit to allow a variation of this requirement.

C3.6.2 Dwelling Mix Design Controls

All of the dwellings have 3 bedrooms, with some also including a study. Dwelling sizes vary from 132m

2 to

173.3m2 of living area. Private open spaces vary in shape

and size. Resident amenity and streetscape impacts are considered acceptable.

C3.7.2 Building Height Specific Controls

Partly The proposed development is two storeys and the buildings are stepped with the topography. The site section drawing shows that the proposed buildings are 9m or less above the natural ground level. The SoEE accompanying the application states: ‘This design seeks to restrain the silhouette of the development when viewed from adjacent properties. This is achieved by stepping the floor levels whilst minimising cut and fill requirements for practical reasons, minimising the roof pitch of the main roof and articulating the facades in and out so that the overall bulk of the development is reduced and landscaping can be used to soften facades. A two-storey layout applies to all units with garages and non-inhabitable rooms at basement level and generally speaking, the first floor occupying a similar footprint to the ground floor below to maximise outdoor open space.’ The roof pitch of the proposed development would be less than those evident in the general neighbourhood as they vary between 5

0 and 15

0. This would be a variation of the

DCP requirements. The benefit of the roof pitch proposed is the lessening of visual impact. The design of the proposed development is contemporary and considered to be of high quality. It would be reasonable to encourage a variety of design approaches in the R3 Medium Density Residential zone.

C3.8.2 Front Setbacks Specific Controls

A minimum 8m setback is proposed from both Clarke and Cliff Streets. To the Cliff Street frontage, a front setback of eight metres applies. This matches the setback of the existing two-storey brick cottage which is to be demolished on the Cliff Street frontage and it should be noted that the adjacent town house development to the west has a setback of approximately 4.5m by comparison. To the east, along Cliff Street, Lot 7 is a vacant parcel of land and yet to be developed. The front setback approved for the development at 13 Clarke Street is 9m. The front setback at 15 Clarke Street is approximately 8.5m – 9m. Setbacks for medium density development fronting Clarke Street tend to predominantly between 7.2m to 8.5m. There are a couple of medium density buildings with grater setbacks. Single dwelling setbacks tend to be between 5.8m and 7.5m.




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Existing vegetation would not be retained within the front setback. Landscaping is proposed within the front setback building line. The proponents are also proposing to plant street trees along both street frontages.

C3.9.2 Side Setbacks Specific Controls

x Side setbacks for the proposed development in the instance of Units 1, 3, 6 and 11-12 are approximately 3m. The side setback for Unit 16 is 3.49m. Units 2, 4-5, 7-10 and 13-15 all exceed the minimum setbacks of 3.5m and most substantially exceed it. Minimum side setbacks for medium density developments with frontage to Clarke Street generally are about 3.2m to 3.7m. Given the constraints of the site, the quality of development, articulation of building form, height of the buildings and landscaping it is considered reasonable to vary the minimum side setbacks. It needs to be pointed out that Units 12 and 13, which are two storey buildings have parts of living areas on the upper floor that has windows facing west and so could potentially overlook two existing villa on the adjoining property to the west. This is not considered to be an issue warranting elimination of Unit 12 as the living area is oriented to the north-east in terms of larger picture windows and sliding doors accessing the balcony. The living area of Unit 13 is oriented to the northern aspect where the balcony is located. Privacy screens are recommended to be utilised (see Condition 5).

C3.10.2 Rear Setbacks Development Controls

Due to the fact that the site has two street frontages it is arguable as to which boundary is the rear one. As the larger street frontage is to Cliff Street it is reasonable to assume that the southern boundary is the rear one. Proposed Units 3, 6 and 11 are closest to the southern boundary being setback approximately 3m from it. The southern boundary would constitute a side boundary to 13 Clarke Street that has recently had a ‘multi dwelling housing’ development approved on the site. Shadow diagrams submitted with the application suggest that the proposed development would not have an unacceptable impact upon solar access. The privacy of the property to the rear should not be unreasonably affected due to the location of living areas within the proposed units along the southern boundary, landscaping and the location of the dwellings on those properties.

C3.11.2 Dwelling Orientation Development Controls

All units are oriented to the north and benefit from living spaces which receive over the minimum requirement for direct sunlight. In addition, highlight windows are provided to each unit to maximise passive solar orientation and allow sun to enter the central portions of each unit. These high level windows also provide an opportunity for a heat-chimney effect, providing natural ventilation in the warmer




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months of the year, and avoiding the necessity for air conditioning. The proposed development will not impact unreasonably upon the access to sunlight of adjacent dwellings and private open space.

C3.12 Design Guidelines The majority of living areas and dining rooms have been orientated towards the north and west to maximise solar access. Bedrooms, kitchens and storage rooms have been located in areas of reduced solar access where practical. An assessment of the energy requirements of each of the units has been prepared by efficiency assessments under the building energy rating system (BERS), as part of the BASIX requirements. This assessment indicates that each of the units satisfies the minimum requirements applicable under BASIX

C3.13.2 Private Open Space Development Controls

Private open space areas for each dwelling are a minimum of 50m². Each area of open space has a minimum length of 5m. Dwellings with the majority of private open space on the southern side of the structure also have smaller court areas on the northern side. Verandas, patios and deep soils areas are used to provide a combination of landscaped and hard surface areas. The location of private open space in each dwelling enables direct access to the primary living area of the dwelling.

C3.14 Landscaping and Communal Open Space

x The landscaped area is anticipated to be slightly less than 50% of the site area due to the extent of paved driveway and visitor parking spaces. This is considered acceptable due to the site slope constraints, the meandering driveway and the quality of landscape design incorporating the following elements as outlined in the SoEE:

‘The general concept of a landscape design is to provide a combination of visual and acoustic screening between adjacent units wherever possible and to provide a variety of textures, colours and scents.

Primarily, the landscape design is for indigenous, endemic species, locally sourced, and no exotic species are proposed.

Level changes through the landscaped areas will be provided in the form of informal local sandstone blocks rather than formal retaining walls, and sandstone slabs used for external pathways.

Green walls are proposed using indigenous native climbing species to ground floor external walls. This will break up the mass of external walling and soften the appearance of the units.

Boundaries between proposed strata titles are to be




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defined by planting, and not fences, so that the site will maintain an open aspect between units and planting will appear to be “shared”. Private courtyard spaces for each of the units will be similarly defined.’

It is also pertinent to note that this provision was included in the DCP in June 2015 which is after the application was lodged and initially exhibited. Also the application does comply with the private open space provision of the DCP which was the relevant provision applicable when the design was formulated and the application was lodged with Council.

C3.14.2 Privacy Development Controls

Partly Second storey windows within the development which are located less than 9 metres from an adjoining dwelling have been offset where required. The stepping of the development from east to west also assists here. Privacy screens and/or obscure glass are provided where windows fall within this limitation (specifically to the southerly oriented windows of Units 13, 14, 15 and 16 and the northern facades of Units 10 and 7). The screens provide an angled view at 45

0 and away from adjacent

facades to ensure privacy between each unit. The proposed solutions meet the DCP requirements for second storeys with less than 9m separation.

C3.15.2 Building Separation Development Controls

x For a development of this type it would be impossible to meet the numerical provisions included in the DCP. Separation distances vary from 4m – 9m with the majority being between 5m – 7m The proposed development will provide adequate privacy for the residents of each dwelling - both living rooms and habitable rooms. The proposed arrangement minimises areas where the proposed separation is not feasible, and due to the angled nature of the site layout and the stepped levels, overlooking between units is minimised. It is noted that this provision has now been removed from the DCP.

C3.16.2 Materials and Colours Development Controls

Zincalume and galvanised steel are not proposed to be used.

C3.17.2 Car Parking, Garaging and Driveways Development Control

Partly 38 spaces including 6 visitor spaces are proposed to be provided. These numbers comply with the DCP provisions The width of the driveway at Clarke Street is 6.0 metres and the minimum internal width is 3.5m metres substantially less than the 25% frontage maximum applicable. Garages would be concealed from public view from Clarke Street. For Units 13-16 fronting Cliff Street, due to the constraints of the site, it is physically impractical to provide garage accommodation away from the street frontage. To




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accommodate Council’s requirement to ensure that garage doors do not dominate, it is proposed that the garage fronts are clad in vertically oriented timber weatherboarding with an oiled finish which matches the ground floor finish of adjacent walls so that the garage doors are effectively a continuation of the external wall finish at ground level. In this way, the garages themselves will appear to be a continuation of the external wall surface of the units, avoiding the dominance of garage doors on the streetscape. The arrangement of the access driveway through the site is fundamental to the design of the site layout. Angling the driveway across the contours lessens the gradient of the driveway and allows the units to step forward and back to break up the alignment of the units relative to each other and vary boundary setbacks to the benefit of the entire development. This not only improves the accessibility of the site to vehicles and pedestrians, but provides variation and interest with each of the units stepping down the site and benefitting from the opportunity of looking over the roof of the unit below.

C3.18.2 Pedestrian Access Development Controls

The Statement of Environmental Effects states that security and access lighting is to be provided to the entry of the subject site and each dwelling. Bollard or ground-level LED lighting is proposed in conjunction with movement detectors for automatic operation of night lights to all common areas. Sufficient passive surveillance is also provided to Clarke and Cliff Streets Street from the dwellings fronting them

C3.19.2 Waste Collection Development Controls

Sufficient storage area within each double garage is provided to allow storage and removal. On-site collection is not possible. Residents would be responsible for the weekly collection of rubbish from the Cliff Street frontage.

C17.3 Northern Entrance Medium Density Precinct Specific Controls

A satisfactory ‘Site Analysis Plan’ has been submitted with the DA. The ‘Statement of Environmental Effects’ also assists with the site analysis.

The extent, scale and configuration of the proposed development reflect an acceptable architectural outcome that is compatible with the established spatial pattern of development within the precinct and the Clarke Street neighbourhood.

The visual prominence, landscape setting and public vistas of and within the precinct would not be detrimentally impacted by the proposed development.

No existing structures or landscape features on the vacant site warrant retention. Walls and roof lines of the buildings are satisfactorily articulated and broken up.

The architectural style and features of the proposed development are complimentary with the existing development whilst not imitating it. Materials, colours and finishes are appropriate.




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The matters in Section 79C have been considered and a summary is considered below.









It has been demonstrated that the application if approved requires variations to some of the relevant controls of the Bowral Town Development Control Plan. The site is a difficult one due to its topography. It is considered reasonable that the controls within the DCP be varied to facilitate development of the land for medium density purposes as allowed for in Clause 1.7 Infill Development on Difficult Lots.


Not applicable.




Not applicable.




The site is considered to be suitable for ‘multi dwelling housing’ development. It is zoned for medium density housing purposes. The extent, scale and configuration of




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the proposed development reflect an acceptable architectural outcome that compliments the established spatial pattern of development within the precinct and the Clarke Street neighbourhood.




The appropriate use of medium density residential zoned land is in the public interest. There are no covenants and/or restrictions on the title restricting development of the site, and there are no relevant planning studies or strategies associated with a development of this nature that require consideration. Further, the application is considered to be suitably compliant with the Wingecarribee Local Environmental Plan 2010. The proposed development is of a high architectural design standard on a difficult site that justifies some variation of the Bowral Town DCP provisions. Consequently, the development would not contravene the public interest.

CONSULTATION


Council staff (the then Team Leader Town Planners and Development Engineer) met with the proponents for a pre lodgement meeting.

External Referrals


NSW Rural Fire Service The application was referred to NSW Rural Fire Service for comment as the site is bushfire prone. A bushfire safety authority has been issued by letter dated 18 February 2015.

Water NSW The application was referred to the Water NSW for comment as the development is a Module 3 proposal under the NorBE Guidelines. Concurrence was received from Water NSW on 10 February 2015 subject to conditions regarding stormwater management and construction activities (Condition 65).

Internal Referrals


Accredited Certifier No objections subject to various standard conditions of consent.

Development Engineer No objections upon receipt of a satisfactory stormwater management regime and driveway long and cross sections.

Contributions Planner No objections subject to conditions of consent regarding Section 94 and Section 64 contributions (Conditions 54, 55 & 56)


The development application was neighbour notified from 29 January 2015 to 25 February 2015. During this period, a total of 13 submissions were received. Two submissions re-iterating concerns raised in original submissions were received after the exhibition period. A late submission was received on 30 September 2015. As previously stated in the




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‘Background’ section of this report the application was notified a second time in order to clarify the correct property description in the title of the notification notice. That notification occurred from 30 September 2015 to 16 October 2015.

The issues raised in all submissions received are considered under key topics and responded to below:

1. Stormwater Drainage

The management of stormwater drainage has been discussed at length previously in this report (see section ‘A3.6 Water Sensitive Design’ in the Bowral DCP assessment section). ‘Concept Stormwater Management Plans’ (as amended) have been submitted with the DA as has a ‘Water Cycle Management Study’ report incorporating modelling. Council’s Development Engineer considers the amended plans to be acceptable.

It was also stated in submissions that the extent of driveway construction would increase stormwater runoff. The extent and grades of the driveway have been taken into account in designing the stormwater system. The consulting engineer that designed the stormwater system points out that the design of the one way internal driveway minimises the extent of pavement.

The issue of stormwater impacts during construction has been raised. It is normal that the applicant would be required to submit an erosion and sedimentation plan prior to the issue of a construction certificate. This is required on all medium density housing developments.

2. Loss of privacy

Concerns have been expressed by residents in the villa units to the west of the site regarding loss of privacy. This issue has been addressed in section ‘C3.9.2 Side Setbacks Specific Controls’ in the Bowral DCP assessment section.

A view is also taken that the existing trees on the eastern boundary of the site offer privacy from the buildings further up the hill. These trees will be removed but replaced with landscaping and street tree planting along both Clarke and Cliff Streets.

3. Glare from car headlights

A resident in the villa units to the west of the site is concerned that car headlights will shine into the bedroom. The meandering of the driveway and its grades should minimise this effect. Also the landscape plan shows sandstone retaining wall along the western boundary of the subject proposed development site having a maximum height of 1250mm.

4. Traffic

The proposed density of development is considered by some to generate unacceptable traffic generation and therefore impacts. A traffic report submitted with the application concluded:

‘Based on the above information, the site is predicted to generate 64 vehicular movements per day (based on 4 trips per unit). The resultant street AADT would be:

Clarke Street - 182 vehicles per day

Cliff Street - 392 vehicles per day

The predicted AADT (Average Annual Daily Traffic) is acceptable for a local street and the traffic generation rates from the site are considered to be very low.’




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It is also suggested that the internal access driveway is not sufficient to cater for removal trucks and emergency vehicles. It is assessed that the internal driveway could cater for typical emergency vehicles as confirmed by the Development Engineer. Small and medium rigid vehicles could traverse the driveway as it has a width of 3.5m. Council’s Development Engineer required the driveway to be widened from 3m to 3.5m. A medium sized rigid vehicle is 2.5m wide by 8m long.

Removal trucks are not normally designed for in medium density developments as they visit the sites infrequently.

It is noted that Council’s minimum driveway width is 3m. A 3.5m width is proposed for the development.

A submission states that consideration would need to be given to restricting parking along Cliff Street and kerbside garbage collection would need to be considered as part of this. It is not normal to restrict parking along medium density development street frontages. This has not been done for similar developments in the locality. The amount of on-site parking proposed for the development should result in a low demand for street parking.

It is also asserted that the proposed development would add to the already hazardous conditions related to access to Mittagong Road. The traffic generated by the proposed development is not sufficient to warrant an upgrade of the intersections with Mittagong Road.

The steepness of the proposed driveway creates a safety problem. Council’s Development Engineer has established that the driveway has satisfactory grades as it meanders through the site. As previously stated the landscape plan shows sandstone retaining wall along the western boundary of the subject proposed development site having a maximum height of 1250mm.

5. Design

Submissions were concerned that the generally low pitched roof line was out of character with the buildings in the neighbourhood and within Bowral generally. The site is not within a heritage conservation area.

The roof pitch of the proposed development varies between 50 and 150 and would be less than those evident in the general neighbourhood. The benefit of the roof pitch proposed is the lessening of visual impact. The design of the proposed development is contemporary. It would be reasonable to encourage a variety of design approaches in the R3 Medium Density Residential zone.

It is considered by some making submissions that the western elevation of the proposed development is domineering and has the appearance of a ‘multi-level low cost housing complex’. This assertion is disagreed with as the design quality of the building is considered to be high using materials consistent with contemporary design.

The plan of the western elevation is two dimensional and therefore does not properly show that the buildings whilst stepping down with the slope are also separated and softened by landscaping. Individual buildings are a maximum of two storeys in height.

Some submissions asserted that the proposed development constitutes an overdevelopment of the land. Whilst some of the DCP provisions need to be varied it is considered that the proposed development is a satisfactory solution on a difficult site. Additionally the standard of design merits the DCP variations.




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Concerns have been raised regarding the appearance of the four units with four double garages fronting Cliff Street. This issue is dealt with under the section ‘C3.17.2 Car Parking, Garaging and Driveways Development Control‘ in the table dealing with the Bowral Town DCP.

6. Landscaping

Submissions raised the issue of adequate landscaping. This has been addressed previously in the report (see sections ‘C3.13.2 Private Open Space Development Controls’ and ‘C3.14 Landscaping and Communal Open Space’ in the table dealing with the Bowral Town DCP).

Removal of trees close to existing buildings would need to be done in a safe manner. Commercial companies that remove trees are experienced in safe tree removal.

7. Sewer

The sewer system in the area already has blockages reported to Council. Council’s Engineers are satisfied that the proposed development can be connected to the sewerage system that has adequate capacity to cope with the increased sewerage load.

8. Noise

The proposal would create unacceptable additional noise. The land is zoned for medium density housing so the proposed development is consistent with the zoning. Further the proposed landscaping has been designed to ‘provide a combination of visual and acoustic screening between adjacent units wherever possible’ (SoEE submitted with the application).

9. Demolition

A submission raises the issue that there might be asbestos in the dwelling to be demolished. Council’s standard conditions cover this (Condition 66).


Environment

There are no direct major environmental impacts in relation to this report. Existing trees will be removed from the site but these do not constitute endangered ecological communities. Stormwater treatment is a major issue associated with the proposed development due to the topography of the site and the general locality.

The proposed stormwater management regime has been comprehensively addressed in the report. Council’s Development Engineer is satisfied that the management of stormwater is satisfactory and is likely to improve the situation in the immediate neighbourhood.

Social

There are social issues addressed in this report. They relate to impacts on adjoining neighbours in respect of privacy, safety and visual impact of the proposed development. The social impacts are not considered to be such that a refusal of the proposed development is warranted as they are satisfactorily addressed in the design of the proposed development and this can be reinforced by applying Council’s standard conditions.




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The building of medium density developments close to town centres provides employment opportunities during construction and further housing stock for population growth.

Culture


Governance



Operational Plan 2014 – 2017: OP:117 Provide development, building assessment and certifications services. .









An assessment of the proposals has been made against the Wingecarribee Local Environmental Plan 2010 and Council’s Bowral Development Control Plan.




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OPTIONS


Option 1


Option 2


Option 1 is the recommended option to this report.

CONCLUSION

DA 14/1328, which seeks consent to construct a 16 dwelling ‘multi dwelling housing’ development and undertake ancillary works such as car parking, internal driveways, on-site stormwater detention and landscaping at 11 Clarke and 5 Cliff Streets Bowral.

The extent, scale and configuration of the proposed development reflect an acceptable architectural outcome that is compatible with the established spatial pattern of development within the precinct and the Clarke Street neighbourhood.

The visual prominence, landscape setting and public vistas of and within the precinct would not be detrimentally impacted by the proposed development.

No existing structures or landscape features on the vacant site warrant retention.

Walls and roof lines of the buildings are satisfactorily articulated and broken up.

The land is considered to constitute a difficult site therefore triggering Clause C1.7 Infill Development on Difficult Lots in the Bowral Town DCP. Thus it is considered reasonable that the controls within the DCP be varied to facilitate development of the land for medium density purposes.

Submissions received from the public raised issues relating to stormwater drainage, loss of privacy, headlight glare, traffic, design (including overdevelopment), landscaping, sewer, noise and demolition and have been addressed and are considered to result in an acceptable impact on the locality, subject to conditions recommended in this report and Council’s standard development conditions and included in the draft Notice of Determination (Attachment 1).






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ATTACHMENTS


2. Plans of Proposed Development - circulated under separate cover




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10.5 DA15/0715 Placement of a Variable Message Sign for the Purpose of Advertising - 11 & 17 Pikkat Drive, Braemar


Services Applicant: Tony Ireland Owner: Willow Properties Pty Ltd & Owners of Strata Scheme 90878 Link to Corporate Plan: Ensure future development respects the character of the


PURPOSE The purpose of this report is to consider DA 15/0715 which seeks development consent to place a variable message sign at two alternating locations on a monthly rotation, being 11 and 17 Pikkat Drive, Braemar. This report is prepared for Councillors for public interest reasons predominantly relating to interpretation of the signage controls nominated in the Industrial Lands Development Control Plan. This report recommends refusal.



RECOMMENDATION

THAT development application DA15/0715 to place a variable message sign at two alternating locations on a monthly rotation upon Lot 91 DP1187747 and the common property on SP90878 be refused for the reasons described in Attachment 1 to report.

REPORT

Subject site and locality

The site is known as Lot 91 DP1187747 (17 Pikkat Drive, Braemar) and the common property of SP90878 (11 Pikkat Drive, Braemar) (Figure 1).

11 Pikkat Drive, Braemar has a six unit industrial warehouse development constructed upon it with vehicular access only available from Pikkat Drive. The site can be viewed from the intersection of Aylmerton Road and the Old Hume Highway, however no vehicular or pedestrian access is available through from this point. Note that Figure 1 does not show the buildings on this site as the aerial image was taken prior to its construction.

17 Pikkat Drive, Braemar is currently vacant grasslands, approximately 2.8ha in size, with a gentle fall to the north west. The site is bound by the Old Hume Highway to the west, Tyree




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Place to the South and Pikkat Drive to the east. 11 Pikkat Drive lies to the north of the site. Bunnings Warehouse lies further south with other smaller industrial uses north and east.

Figure 1

Background

On 9 June 2015, Council sent a letter to two property owners for the placement of a variable message sign on their property:

The letter to the landowners provided them the opportunity to explain the reasons for a variable message sign (VMS) being erected on the property. For the purposes of background, only the letter to 17 Pikkat Drive, Braemar (Lot 91 DP1187747) is relevant in this instance.

It is understood that an area within the south eastern corner of 17 Pikkat Drive, (identified by a purple star above) was being leased to the business owner of Ireland’s Machinery Pty Ltd to place a VMS. The VMS was promoting the Ireland’s Machinery business located at Unit 1/11 Pikkat Drive, Braemar, which is located approximately 300m north of this position.

The letter advised that the sign appeared strategic and intentional in its location, with the ability to be viewed from Tyree Place and Pikkat Drive for the purpose of advertising a




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business not associated with the site (17 Pikkat Drive is currently undeveloped). This is contrary to the signage controls nominated in the Industrial Lands Development Control Plan (the DCP), and is elaborated later in this report.

Whilst signage is a permissible use with consent in the IN1 General Industrial zone under the Wingecarribee Local Environmental Plan 2010 (the LEP), a search of Council records found that no development application (DA) for signage had been lodged with Council for the sign. The letter advised that whilst a DA could technically be submitted for the use of a VMS for advertising, Council had concerns relating to the potential for visual impacts on the landscape. Further concerns were raised regarding the nature of the sign and how it scrolls through complex variable message displays holding motorist’s attention beyond a “glance appreciation”, which can result in a safety risk to motorists. Using a VMS for private and/or commercial purposes resembles, and can reduce the effectiveness of, regulatory road signage or traffic control/management devices. This can cause confusion for drivers and lead to road incidents. For these reasons, and as the sign departs from the signage controls nominated in the DCP, the letter advised that it would be unlikely a development application of this nature would be supported by Council.

In response to the letter, the VMS was removed and on 30 July 2015, Council’s Group Manager Planning, Development and Regulatory Services and Acting Team Leader Town Planners met with the business owner at Ireland’s Machinery in Braemar to discuss the matter further. The applicant was advised that signage on a site where the business is not located is contrary to the DCP. The applicant acknowledged that the sign was to lure customers to the new business location.

It was reiterated to the applicant that the use of a VMS for business advertising was not a suitable method of signage which is predominantly used for vehicular safety reasons (which shall be elaborated throughout this report) and to ensure preservation of streetscape amenity within the locality. Notwithstanding, the applicant was advised that as the use was permissible with consent in the zone, Council could consider a DA for the use of a VMS for the purpose of advertising, however a favourable outcome was not likely.

On 3 October 2015, eight similarly worded letters were sent to businesses/ landowners/community members with similar content, in light of the placement of a number of VMS between Moss Vale and Mittagong. On the eve of the October Long Weekend (a busy tourist period for the locality), there were eight VMS located between Moss Vale and Mittagong. From this observation, it was evident to staff that should the subject application be approved, the outcome would be significantly adverse on the amenity of the people who live in, work in and visit the Southern Highlands due to the proliferation of their size, appearance, wording, illumination etc. Further, should the subject application be approved, Council would expose itself to receipt of more applications for the use of VMS for private/business purposes, undesirably fuelling any existing proliferation. During a drive through the region, it was evident that the cumulative impact of the VMS detracted from the qualities that make the Southern Highlands visually attractive to tourists and prospective locals.

Details of Proposal

Development Application 15/0715 was lodged with Council on 4 August 2015 seeking development consent for the placement of a variable message sign at two alternating locations on a month by month rotation, being 11 and 17 Pikkat Drive, Braemar (Figure 1 shows the proposed alternative locations by purple stars). That is, the sign would be located at one spot for a month and then relocated to the other spot for the next month.




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The sign would be in operation on a 24 hour basis. The VMS sign would have dimensions 1.850m high by 2.73m wide, be solar powered and mounted on a registered trailer. The trailer system would be made secure with locks so it could not be removed or stolen.

In the event 17 Pikkat Drive is sold and developed, the sign would be placed on 11 Pikkat Drive without alternation i.e. permanently.




Clause 7 of SEPP 55 requires the consent authority to consider whether land is contaminated prior to granting consent to the carrying out of any development on that land, and to be satisfied that the land is suitable for the proposed use. After undertaking a desktop search using Council’s Property and Rating database, Council is satisfied the land is not a site of possible contamination and therefore no further assessment of this SEPP is required.

State Environmental Planning Policy No 64 – Advertising and Signage


Objectives











The placement of a temporary VMS affixed to a trailer is not compatible with the desired amenity and visual character of the locality. The desired amenity is for a professional, functional and coordinated industrial area that appears uncluttered and clear in its intention. The placement of temporary structures not associated with the site it relates to creates confusion and the potential for proliferation, resulting in an adverse impact to the streetscape amenity.

The use of a VMS to provide communication for promoting a private business is not suitable as it has the potential to be interpreted by road users as a safety announcement i.e. for detours, changed traffic conditions, closed roads, construction works etc. This




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causes confusion and raises significant vehicular safety risks, particularly in proximity to the Old Hume Highway (80km/hr zone).


1. Character of the area - The desired amenity and visual character of the area is for a professional, functional and coordinated industrial area that appears uncluttered and clear in its intention. What Council envisages for this locality is a cohesive industrial precinct. Existing signage in the locality is of a professional finish, affixed to the buildings they are associated with and permanent in their nature. It is considered the proposed sign would not be in keeping with the character of the area.

2. Special areas - The site is not in proximity to any nearby environmentally sensitive areas, heritage areas, natural or other conservation areas, open space areas, waterways, rural landscapes.

3. Views and vistas – The proposal would detract a driver’s attention for more than a ‘glance appreciation’. The signs (in particular that fronting the Old Hume Highway) would block (disrespect) the viewing rights of other advertisers in the 11 Pikkat Drive industrial development, and also any future development on the eastern corner of Pikkat Drive and Tyree Place.

4. Streetscape, setting or landscape – In considering the professional nature and finish of other signage in the industrial precinct surrounding, the signs would detract from the visual interest in the streetscape. The signs do not result in rationalising or simplifying existing advertising, rather, it results in proliferation unnecessarily.

5. Site and building – In terms of the sign’s location on 11 Pikkat Drive, the sign’s scale, proportion and characteristics are considered to be incompatible with the design and professional construction of the building upon the property. Flashing, revolving images are not consistent with the important features of the building, considered to be the unit identifiers, built form and colour scheme. Finally, it is considered the sign is not innovative in demonstrating a cohesive relationship to the site and/or building. Considering there is no development on 17 Pikkat Drive, the sign is not consistent with the nature of the site.

6. Associated devices and logos with advertisements and advertising structures – The VMS is proposed to be affixed to a registered trailer. This is not considered acceptable from a streetscape amenity perspective.

7. Illumination – The signs are proposed to be illuminated with revolving advertising on a 24 hour basis. Whilst the sign location within Pikkat Drive would have less of an impact on traffic and vehicular safety in terms of illumination, illumination of the sign that would attract Old Hume Highway motorists is not satisfactory from a road safety perspective. Further, illumination would detract from the amenity of the region, particularly in its capacity as a gateway location to the Southern Highlands.

8. Safety - It is considered the use of a VMS for the purpose of business (or any other private promotional matter) would reduce vehicular safety of Pikkat Drive and the Old Hume Highway, as well as cyclists. A response from the NSW RMS reinforces Council’s position, advising they do not support commercial advertising signs visible from a classified road which resemble, or reduce the effectiveness of, regulatory road signage or traffic control/management devices. Further, RMS raised concern with regard to both locations for the VMS as they are visible from an 80km/hr speed zone.

It should be noted that whether the VMS is being used for business advertising or promoting private, community or charitable matters, the issues relating to road safety,




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particularly deterring a motorist eyes away from the road for more than a ‘glance appreciation’, remain valid.

Transport Corridor Outdoor Advertising and Signage Guidelines 2007

The NSW Department of Planning and Environment’s Transport Corridor Outdoor Advertising and Signage Guidelines 2007 provides insight into advertisements and road safety. Advertising displays within the visual catchments of roads are designed to attract driver’s and passenger’s attention. However, a reduction in driver attention away from the road has the potential to create a road safety hazard. It is the aim of the RMS to minimise these hazards and improve road safety for all drivers where possible. As discussed above, Council has concerns with the use of VMS from a safety perspective due to the implications of road users interpreting them as informative road safety signage and causing confusion. Part 3 of the Guidelines discusses’ Advertising and Road Safety’, and requirements to satisfy for variable message signs:

3.2.2 Variable messaging signs

Variable messaging signs will only be approved if they meet the following criteria, in addition to other criteria in this Policy:

(a) The speed limit of the road must not be greater than 70 kilometres per hour

The speed limit of the Old Hume Highway is 80km/hr and therefore the location of the sign on 11 Pikkat Drive is not compliant. Whilst 17 Pikkat Drive is within a 50km/hr speed area, as noted by the RMS this location would still be visible from the Old Hume Highway and therefore is not suitable from a road safety perspective.

(b) The time to change the display must not be greater than 1 second

No information has been provided regarding the number of rotations for the VMS, however previous viewing of the sign indicated three rotations held for approximately 3-4 seconds before changing.

(c) The display must be completely static from its first appearance to the commencement of a change to another display

This could be imposed as a condition of any development consent.

(d) The level of illumination must adjust according to ambient light levels;


(e) The sign must not contain any scrolling messages (i.e. displayed text or graphics which moves up, down or across the screen so that a line of text or graphics appears at one edge of the screen for each line that moves off the opposite edge).


Further policy advice in relation to variable message signs is available in the RTA document Guidelines for the location and placement of Variable Message Signs (Ref TDT 2005/02).

This Guideline relates to the placement and use of VMS to inform road users about road and traffic conditions, and therefore isn’t directly related to this application. It does however advise that VMS are suitable for informing road users because of their ability to display a large number of individual messages to direct, warn or guide road users. What these Guidelines confirm is that VMS are an ideal tool for displaying driver information and informing motorist of changed traffic conditions.




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Considering the wide and consistent use of VMS by the RMS and other road construction companies, their presence in the road reserve has become part of a motorists’ subconscious when driving. Consequently, the use of a VMS for private promotion and/or business advertising i.e. a sign that does not display road safety messages, can cause a significant road safety risk.


The site is located within the Wingecarribee River Sub-catchment. Compliance with the provisions of the SEPP and associated guidelines is therefore required to consider water quality. The development is a Module 1 proposal under the NorBE Guidelines and would not require concurrence from Water NSW. The NorBE Tool was used to determine the development can achieve a neutral or beneficial effect on water quality.





The site is zoned IN1 General Industrial. Pursuant to section 2.3(2) of the LEP, Council must have regard to the objectives of the zone. The objectives of the IN1 General Industrial zone, and their consideration, are discussed below.

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


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

To support and protect industrial land for industrial uses.

To allow a range of non-industrial land uses, including selected commercial activities, that provide direct services to the industrial activities and their workforce or that, due to their type, nature or scale, are appropriately located in the zone without impacting on the viability of business and commercial centres in Wingecarribee.

To ensure that new development and land uses incorporate measures that take account of their spatial context and mitigate any potential impacts on neighbourhood amenity and character, or the efficient operation of the local or regional road system.

The proposed development is generally consistent with the objectives stipulated above. However, as discussed previously in this report, concern is raised regarding whether the development would incorporate measures to ensure the efficient operation of the local and regional road system.

Clause 7.5 Natural resources sensitivity - water

17 Pikkat Drive is affected by a Category 3 stream in its north western corner, flowing towards the Hume Highway. The proposed development would not impact on the identified streams’ natural flow regime, impact on water quality or alter the stability of the stream’s bed, shore or banks. Council is therefore satisfied the development would be designed, sighted and managed to avoid any potential adverse environmental impact.




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Industrial Lands Development Control Plan – the relevant controls are addressed below.

DCP Control Part A – Provisions Applicable to All Industrial Zoned Land

Section 2 – General Objectives

Whilst the development is consistent with the general economic, environmental sustainability and water sensitive design objectives of the plan, concerns are raised with regard to whether the development would set a suitable precedent for the visual amenity of the shire. It is considered that the development would not appreciate or enhance the streetscape or character of the locality. Further, the DCP objectives discuss vehicular and pedestrian function, requiring rationalistic approaches to development to ensure clear function and easy identification within the precinct. Locating a sign on a property not associated with a business leads to confusion for motorists and pedestrians and would be inconsistent with Council’s objectives for industrial development.


A4.2 Objectives (a) Signs should reflect well on business standards within the Shire as a whole. (b) Signs should inspire confidence in the business or product being advertised. (c) Signs shall be designed to complement the overall design style of the development. (d) Signs shall only relate to a function which could reasonably be expected to be carried out in that neighbourhood. (e) Signs shall not offend or adversely affect the amenity of the people who live in, work in, or visit the site in terms of their size, appearance, wording, illumination, overshadowing or in any other way. (f) Signs shall be simple, clear and effective in conveying their message. (g) Signs shall not comprise objects such as cans, bottles and other three dimensional proprietary and like representations. For the reasons discussed previously in this report, it is not considered the development satisfactorily achieves the above objectives:

It is not considered the use of a VMS would reflect well on visitors to the shire and their impression of our business standards.

As discussed previously, the sign does not complement or adequately suit the design of the development on the site.

It has been argued that the sign has the potential to adversely affect the amenity of the people who live in, work in, or visit the region.

The three dimensional nature of the sign and its imitation of a traffic management structure is not suitable in this instance.

A4.3 General Requirements a) Signs associated with multiple building or site occupancy, as in shopping arcades and business services occupying first floor office suites, shall adopt a single co-ordinated approach to advertising by




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means of clear building identification and appropriately located ‘shared’ directory facilities. The sign on 11 Pikkat Drive is inconsistent with existing coordinated signage on the building of this site. b) Signs shall achieve a high degree of safety and not represent hazards to passing drivers or pedestrians, transport workers or other property. It has been discussed and demonstrated that the placement and use of VMS for private promotion/business advertising would cause a significant hazard to driver safety. c) Signs shall not be confused with, or inhibit instructions given by, official traffic management facilities and signs. It has been discussed and demonstrated that the placement and use of VMS for private promotion/business advertising would cause confusion to motorists. d) Signs shall only appear on land where the advertised activity or development is carried out, except signage that is permitted under the provisions of Council’s Tourism and Related Signage Policy. The sign on 17 Pikkat Drive is not located on the site associated with Irelands Machinery and is therefore not compliant with this control. The sign on 11 Pikkat Drive does not respect the viewing rights of other businesses within the industrial development, and is located on common property, not the property owned by Ireland’s Machinery. e) Signs shall reflect the quality of the business, services or product to which they relate. The quality of the sign is not consistent with the quality of the products sold by Irelands Machinery. It is considered the business has the ability to construct a quality sign for business promotion. f) Signs shall be simple in both design and message presentation and legible in both colours and text style. The sign is considered to be simple in design, however message presentation could result in motorists viewing the sign for longer than a ‘glance appreciation’. g) Signs shall complement the finishes and colours of the building/place to which it is attached/erected. The sign’s scale, proportion and characteristics are incompatible with the design and professional construction of the building on 11 Pikkat Drive. Flashing and revolving images are not consistent with the important features of the building, considered to be the unit identifiers, built form and colour scheme. h) Signs shall relate to the architectural design lines of the building and adjacent buildings, particularly those constructed prior to 1950. i) Signs shall maintain the existing ‘balance’ of the building.




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The sign’s design is not consistent with the building’s design on 11 Pikkat Drive nor does it result in good balance of the built form on the site. There is no building on 17 Pikkat Drive to compare the sign to however the sign is inconsistent with surrounding built form in the immediate locality. A4.4 Signage requiring Council consent (a) A maximum of one (1) free standing business identification sign shall be permitted in the area between the building and the street alignment where such sign may be single or double sided and must be framed. The site already enjoys the placement of signage in accordance with this control. An additional sign would result in non-compliance. (b) A free-standing sign may run either parallel to the street or perpendicular to the street frontage. (c) A free-standing sign shall be located within an overall sign structure envelope with dimensions not exceeding height: 4.5 metres, width: 1.5 metres, depth: 300mm. (d) No part of the sign structure shall overhang Council’s footpath, nor the public road reserve. The structure would not be inconsistent with these controls. (e) The sign shall be supported by ‘simply designed’ pole supports, avoiding large exposed supporting frameworks, unless in the opinion of the Council such framework is intentionally designed as an architectural feature. The placement of the VMS on a trailer (or even if it wasn’t on the trailer) is inconsistent with this control. A trailer is not considered to be of architectural merit.






It has been demonstrated the application complies with the Wingecarribee Local Environmental Plan 2010, however concerns are raised with the objectives relating to the efficient operation of the local and regional road system.






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The application does not achieve the general objectives of the plan relating to visual amenity and vehicular and pedestrian function. Further the application does not adequately achieve the objectives of Section A4 Signage, A4.3 General Requirements or A4.4 Signage requiring Council consent.


Not applicable.


Not applicable.


Not applicable.



Cumulative impact – The most significant overarching issue which this application raises is that of precedent. The cumulative visual impact of using VMS for purposes other than for driver information associated with road activity, i.e. private promotion and/or business advertising, would result in an adverse streetscape amenity impact. The outcome would be significantly adverse on the amenity of the people who live in, work in and visit the Southern Highlands due to the proliferation of their size, appearance, wording, illumination etc. The placement of VMS throughout the shire detracts from the qualities that make the Southern Highlands visually attractive to tourists and prospective locals.

Should Council approve the subject application, a precedent would be set for any other business wishing to utilise a VMS for business hire.


Both VMS locations are not considered suitable in terms of streetscape amenity and visual impacts. In particular, the VMS location which can be viewed from the Old Hume Highway is in a location which is an important gateway into the Southern Highlands. Signage of this nature is distracting and contributes to visual clutter.


No public submissions were received; refer to Consultation section of this report.


The appropriate use of industrial lands is in the public interest. There are no covenants and/or restrictions on the title restricting development of the site.

Planning strategies/guidelines associated with the proposed development have been discussed previously in this report and it has been found that the development is




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inconsistent with their intention. Further, the development does not comply with the relevant objectives and sections of the Industrial Lands DCP. Consequently, the development would contravene the public interest.

CONSULTATION

COMMUNITY ENGAGEMENT


On 30 July 2015, Council’s Group Manager Planning, Development and Regulatory Services and Acting Team Leader Town Planners met with the applicant at 11 Pikkat Drive, Braemar (Ireland’s Machinery). The applicant was advised that signage on a site where the business is not located is contrary to the DCP. The applicant was also advised that the use of a VMS for business advertising was not a suitable method of signage, for one, as they are used predominantly for vehicular safety reasons and two, to ensure preservation of streetscape amenity within the locality. Notwithstanding, the applicant was advised that as the use was a permissible use in the zone, Council could consider a DA for the placement of a VMS in the location, however a favourable outcome was not likely.

External Referrals



The RMS were referred the application as the sign on 11 Pikkat Drive would face a classified road (being the Old Hume Highway). On 13 October 2015 their advice was provided as follows: “RMS has reviewed the submitted information and objects to the application in its current form. In this regard the following comments are provided for your consideration:

It should be noted that RMS generally does not support the use of variable message signs (VMS) for commercial advertising visible from the classified road. VMS boards are utilised by RMS within the classified road reserve to communicate information to motorists about traffic or road conditions. RMS does not support commercial advertising signs visible from the classified road which resemble, or reduce the effectiveness of, regulatory road signage or traffic control/management devices.

With regard to the Road Safety Assessment Criteria guidelines set out in the Department of Planning and Infrastructure’s Transport Corridor Outdoor Advertising and Signage Guidelines: Assessing Development Applications Under SEPP 64 (2007) (the Guidelines) for the design and assessment of advertisement proposals on or within the vicinity of a classified road, RMS raises concern with regard to the location of the proposed VMS as it is visible from an 80km/hr speed zone. Section 3.2.2 of the aforementioned Guidelines state:

Variable messaging signs will only be approved if they meet the following criteria, in addition to other criteria in this Policy:




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(a) The speed limit of the road must not be greater than 70 kilometres per hour.

Neighbour Notification

The development application was Neighbour Notified to 15 adjoining and adjacent landowners between 24 September 2015 and 12 October 2015. During this time, no submissions from the community were received.


Environment


Social




Culture


Governance






Should the applicant choose to appeal a refusal by Council through the Land and Environment Court and lose, the question of cost with regard to Council’s legal representation would be determined by the extent of the reasons for refusal.

Should the applicant choose to appeal a refusal by Council through the Land and Environment Court and win, the question of cost would be dependent upon the extent of the reasons for refusal.




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Should any person choose to take out Class 4 proceedings against Council to the Land and Environment Court and lose, the question of cost with regard to Council’s legal representation would be calculated at the appropriate time.

Should any person choose to take out Class 4 proceedings against Council to the Land and Environment Court and win, the question of cost would still be calculated at the appropriate time.



An assessment of the proposal has been made against Council’s LEP and the Industrial Lands Development Control Plan.

OPTIONS


Option 1

Refuse the development application in accordance with the reasons nominated in Attachment 1.

Option 2

Approve the development application, subject to conditions to be determined by the delegate of the General Manager.


CONCLUSION

DA15/0715 seeks development consent for the placement of a variable message sign at two alternating locations on a month by month rotation, being 11 and 17 Pikkat Drive, Braemar.

Whilst signage is a permissible use in the IN1 General Industrial zone under the Wingecarribee Local Environmental Plan 2010 (the LEP), approving the use of a VMS for business advertising (or private promotion) would result in adverse visual impacts on the landscape. Further the nature of VMS with scrolls of complex variable message displays that hold motorist’s attention beyond “glance appreciation”, can result in a significant safety risk to motorists.

The use of VMS for private promotion and/or business advertising resemble, and can reduce the effectiveness of, regulatory road signage or traffic control/management devices, which can cause confusion for drivers and lead to road incidents. Consequently, the use of a VMS for business advertising is not a suitable method of signage as they are predominantly used for vehicular safety reasons.

Finally, should the subject application be approved, Council would expose itself to receipt of more applications for the use of VMS for private/business purposes. The outcome would be significantly adverse on the amenity of the people who live in, work in and visit the Southern Highlands due to the proliferation of their size, appearance, wording and illumination. The placement of VMS throughout the shire for purposes, other than road related use, would




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detract from the qualities that make the Southern Highlands visually attractive to tourists, the community and prospective locals.

From Council's point of view all relevant matters have been addressed. It is considered this report adequately considers the merits of the development in terms of legislative compliance and its potential impacts on the locality.

The development application has been assessed in accordance with the matters for consideration under section 79C of the Environmental Planning & Assessment Act 1979, and all relevant environmental planning instruments and Council policies, and on balance it is recommended the application be determined by way of refusal, subject to the reasons nominated in Attachment 1.

ATTACHMENTS

1. Draft Reasons for Refusal

AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 11 November 2015

10.5 DA15/0715 Placement of a Variable Message Sign for the Purpose of Advertising - 11 & 17 Pikkat Drive, Braemar

ATTACHMENT 1 Draft Reasons for Refusal

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Attachment 1 Reasons for Refusal 1. Council is not satisfied the development achieves the objectives of Schedule 1 of State

Environmental Planning Policy no. 64 – Advertising and Signage. 2. The development is inconsistent with the general objectives of the Industrial Lands

Development Control Plan, notably A2.6 Visual Amenity and A2.7 Vehicular and Pedestrian Function.

3. The development is inconsistent with the objectives of Section A4 Signage in the

Industrial Lands Development Control Plan 4. The development does not comply with the following controls in Section A4.3 General

Requirements of the Industrial Lands Development Control Plan

a) relating to a coordinated approach to advertising within an industrial development

b) requiring signs to achieve a high degree of safety and not represent hazards to passing drivers

c) ensuring signs are not confused with, or inhibit instructions given by, official traffic management facilties/signs

d) requiring signs to only appear on the land where the advertised activity is carried out

g) and h) relating to signage complementing the finishes and colours of the building they are erected and relating to architectural design lines of the building

5. Pursuant to section 79C(1)(b) of the Environmental Planning and Assessment Act

1979, the development is likely to impact on the safety of road users and cause a cumulative visual impact to the Southern Highlands.

6. Pursuant to section 79C(1)(c) of the Environmental Planning and Assessment Act

1979, the site is unsuitable in terms of streetscape amenity and visual impact, particularly considering its role in contributing to the gateway of the region.

7. Pursuant to section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as the application departs from the above planning controls, the development is not seen to be in the public interest.




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10.6 DA 15/0633 Demolition of Two Dwellings and a Nine (9) Lot Residential Subdivision - 139-155 Merrigang Street, Bowral


Services Applicant: Pikkat Planning & Development Solutions Owner: P Weate and M Barr Link to Corporate Plan: Retain and make more distinctive the special qualities that

make each town or village unique

PURPOSE This report considers a development application for the re-subdivision of 139–155 Merrigang Street, Bowral into nine residential allotments and the demolition of two dwellings. The application has been requested by Councillors to be determined at a Council meeting. Consequently this report is prepared for determination and recommends approval of the application.



RECOMMENDATION THAT development application No 15/0633 for the demolition of two dwellings and a nine (9) lot residential subdivision at 139 – 155 Merrigang Street, Bowral (Lots 1-3, and 52 - 54 Section A DP 192732, Lots 1-2 DP 575807, and Lot 9 DP 585581) be APPROVED subject to conditions as described in Attachment 1 the report.

REPORT

Background This site is currently subdivided into nine lots in a subdivision which dates back to the 1920s (Figure 1). This application is seeking a re-subdivision of the site which would require the demolition of the dwellings at 153–155 Merrigang Street due to the proposed boundary lines.




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Figure 1 - Existing Subdivision Pattern

At its Ordinary Meeting held on 10 June 2015, Council considered a proposed nine (9) lot subdivision (DA14/1236) on the proposed land and resolved to refuse it for the following reasons:

1. “The subdivision layout will have a detrimental impact on the significance of the heritage item.

Section 79C(1)(a)(i) and 79C(1)(b) NSW Environmental Planning and Assessment Act, 1979.




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2. The subdivision layout is not suitable due to heritage impact.

Section 79C(1)(c) NSW Environmental Planning and Assessment Act, 1979.

3. The development as proposed is not in the public interest due to the heritage impact.

Section 79C(1)(e) NSW Environmental Planning and Assessment Act, 1979.”

Subject Site and Locality

An inspection of the site and the surrounding area has been undertaken.

The subject site formally comprises 1-3, and 52 – 54 Section A DP 192732; and Lots 1-2 DP 575807; Lot 9 DP 585581 and has frontage to Merrigang Street, Albert Street and Shepherd Street to the rear. The site contains the heritage significant Inter-War Californian Bungalow residence (Figure 2) and shed and is mainly covered in an established garden containing exotic plantings. The site falls from the Albert Street frontage to the eastern boundary with the lowest point of the site being the south eastern corner.

Figure 2 – ‘Bidura House’

The locality is dominated by low density residential development. It is noted that the zoning to the east of the site is R5 Large Lot Residential with a minimum allotment size for subdivision of 4000m2.




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Details of the Proposal Council received a development application on 10 July 2015 for a nine lot residential subdivision (see Attachment 2 for the plan of subdivision). The major difference between the current proposal and the previously refused subdivision is that the lot on the corner of Merrigang and Albert Streets has been re-located to the corner of Albert and Shepherd Streets (Attachment 2). This is to ensure that the existing gateway on the corner of Merrigang and Albert Streets remains in its current position. The proposal consists of the following:

Demolition of the two existing cottages at 153 and 155 Merrigang Street;

Deletion of the existing right of way situated on the eastern boundary of 155 Merrigang Street;

Reconfiguration of Lots 1-9 (shown as Lots 2-10 at Attachment 2);

Creation of a new right of way from Merrigang Street running between proposed Lots 3 and 4 and then across the back of proposed Lots 4 and 5;

Re-routing the existing driveway that enters from the corner of Albert and Merrigang Streets to the west until it links to the existing circular gravel driveway that services ‘Bidura House’. It should be noted that Council’s Development Engineer is recommending that vehicular access should be denied onto the ‘Bidura House’ land from the corner of Albert and Merrigang Streets for safety reasons. The gateway would be used for pedestrian access. Vehicular access would be from Albert Street and link to the existing circular gravel driveway.

The proposed lots range in size as follows:

Lots 2-5 - 700m2

Lot 6 - 765m2

Lot 7 - 1100m2

Lot 8 - 830m2

Lot 9 - 1180m2

Lot 10 - 9030m2 The previous subdivision DA14/1236, proposed a covenant to be placed on the development consent such that any dwellings on proposed Lots 2-9 are to be of a design that would not detract from the heritage value of ‘Bidura House’. That undertaking still applies to the current proposal (Condition 14(g)).


NSW Rural Fires Act 1997 The site is identified as bushfire prone land. Accordingly, integrated approval is required pursuant to Section 100B of the Rural Fires Act 1997. The NSW Rural Fire Service (RFS) has issued a bushfire safety authority as required under Section 100B subject to conditions.




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NSW Heritage Act 1977 The property is not listed as an item of State significance under this Act.

State Environmental Planning Policies SEPP (Sydney Drinking Water Catchment) 2011 The application is subject to the provisions of the SEPP and is a Module 3 development. Therefore, Council has referred this application to Water NSW (former Sydney Catchment Authority) for its concurrence. Water NSW has issued its concurrence subject to conditions (Condition 34).

Local Environmental Plans Wingecarribee Local Environmental Plan 2010 The site is zoned R2 Low Density Residential under Wingecarribee Local Environmental Plan 2010, which permits residential development and subdivision. Furthermore, the site is heritage listed under this plan. The minimum allotment size in this locality under the LEP is 700m2. All lots proposed are greater than this minimum and therefore comply with clause 4.1 of the LEP. The dwellings on 153 and 155 Merrigang Street which are proposed to be demolished are of no heritage or particular architectural merit (Figures 3 and 4). The heritage listing does not include these properties.

Figure 4 - Photos 153 Merrigang Street




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Figure 3 - Photos 155 Merrigang Street

As Bidura House is identified as a heritage item under the LEP, Clause 5.10 Heritage conservation requires Council to consider: “(4) Effect of proposed development on heritage significance

The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).

(5) Heritage assessment

The consent authority may, before granting consent to any development: (a) on land on which a heritage item is located, or (b) on land that is within a heritage conservation area, or (c) on land that is within the vicinity of land referred to in paragraph (a) or (b),require

a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.”

A Heritage Impact Statement submitted with the previous application has been re-submitted with the current one. A letter from the Heritage Architect was also submitted that summarised that the amended subdivision design would have no adverse impact on ‘Bidura House’. The main statement in relation to heritage impact in the submitted documentation is as follows:

“No work is proposed to the fabric of ‘Bidura House’. The visual quality, amenity and setting of house will not be negatively affected, and no views of the house will be blocked as a result of the proposed works. In addition, the proposed demolition of both cottages will have a positive impact on the heritage significance of house.




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‘Bidura House’ is situated on proposed Lot 10. The proposed boundary alterations are configured such that the curtilage of ‘Bidura House’ is protected. The rear boundaries of proposed lots 2 and 3, for example, have been moved closer to Merrigang Street by almost 30 metres. As a result, the amended proposal will retain the entrance gate, the croquet lawn, the pavilion and two (2) significant Himalayan Cypress trees. The circular driveway will be retained but it will be required to be moved slightly. The impact of any dwellings constructed on Lots 2-7 & Lot 10 will therefore be significantly reduced. It is also proposed that covenants be placed on the development consent under Section 88B of the Conveyancing Act 1919 specifying the following:

1. All lots shall comply with the heritage conservation provisions in the Bowral Town Plan Development Control Plan.

2. Major specimen plantings: where possible, these should be retained. Concerns regarding safety and bushfire risk would take precedence.

3. Building height: a maximum building height of 6.8 metres to permit an additional part second storey within the roof space.

4. Materials and finishes: earthy and/or muted colours to reduce the impact on ‘Bidura House’, especially roof forms.

These covenants are designed to minimize any potential heritage impacts of any dwellings built on the reconfigured lots. The nearest neighbouring heritage item is situated behind the site at 101 Shepherd Street. …., this house is largely hidden from the street by existing vegetation. Views to and from this house will not be affected by proposed lot 10 and the heritage impact of the proposed lot on the house will be negligible. The next closest heritage item is located 150 metres from the site at 89 Shepherd Street. The proposal will not have any impact on this item. Moreover, there are no other neighbouring heritage items which could potentially impacted by the revised proposal. The primary heritage impact will be the loss of some of the existing hedge along Merrigang Street in front of proposed Lot 2 and part of proposed Lot 3. This hedge is not an original part of the garden and the impact of its loss has been assessed to be minor…. Some less significant trees in proposed Lots 2 and 3 will also be removed. When weighed against the benefit of the demolition of the existing cottages at 153 and 155 Merrigang Street, the loss of the hedge and these trees is considered to be an acceptable impact. In this respect the proposal will not detrimentally affect ‘Bidura House’ in terms of its heritage significance. The proposal therefore complies with the Part 5.10 of the WLEP 2010.”

The Statement of Significance for this site in Council’s Inventory is as follows:

“Bidura

Bidura is significant in illustrating the period of rapid development in Bowral which took place through subdivision for rural retreats from 1917 to 1921. It is also significant in contributing to the creative accomplishment of 20th century architectural design in both the local region and state. The building is a particularly fine and intact




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representative of an Interwar Californian Bungalow and displays a high degree of integrity in its aesthetic qualities.”

Council’s Heritage Planner provided the following advice: “I refer to the development application for the 9 lot subdivision and demolition of two dwellings at 139-145 and 153 and 155 Merrigang Street, Bowral. I understand that the proposal is similar to the previous application (14/1236) with the Merrigang Street/Albert Street corner lot moved to the Albert/Shepherd Streets corner. ‘Bidura’ is a heritage item of local significance listed in Schedule 5 of the Wingecarribee Local Envrironmental Plan 2010. It is also listed in the Australian Institute of Architects Register of Significant Architecture in NSW. From a heritage perspective the application is substantially the same as the original submitted and since the curtilage of the item is considered to be Lots 1-3 Sec A DP 192732 and Lots 52-54 Sec A DP 192732, the potential loss of the corner entrance gates, original entry and garden in this area is, therefore, seen to have an adverse impact on the heritage significance of ‘Bidura’. The Heritage Committee’s comments on the amended previous development application (14/1236) were:

1. As previously advised, the entry gates, and circular entry, lawn and surrounding garden on the Merrigang and Albert Streets corner (namely Lots 1-3 Sec A DP 192732) are significant components of the setting of this fine building and are considered to be part of the curtilage of the heritage item. 2. The curtilage of the item has been assessed and is considered to be Lots 1-3 Section A DP 192732 and Lots Lot 52-54 Section A DP 192732. 3. Lots 1-3 contain the timber covered entry gates and hedges, half of the circular driveway around the croquet lawn, and the bulk of the mature trees on the site. Development of this part of the property would mean the loss of the original house’s original entry, and the loss of vegetation which not only provides the setting for the house itself, but is significant in the wider area as a grand historic property. Selling off of these lots individually would not remove the heritage item affectation of these lots. 4. Lot 53-55 contain the top of the circular driveway, the bulk of the croquet lawn, the house itself (which is noted as a fine example of the style in the only Australian book on the Arts and Crafts movement) and the garage at the rear, and gardens surrounding the house. Similarly, selling of these lots individually, all three of which appear to contain a section of the house, would be difficult given the house straddling the lots. 5. Lot 9 DP 585581 is NOT considered to be part of the heritage significant part of the site, and Council’s Heritage Land Use Planner has noted this for a future LEP amendment to remove it from the description and heritage map of the item ‘Bidura’. 6. The Heritage Committee would endorse from a heritage perspective a new subdivision scheme that utilised the whole of lot 9 and incorporating 153 and 155 Merrigang Street, subject to the minimisation—or, preferably, the elimination—of the encroachment on Lots 1-3.




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These comments are still valid given that the current proposal still seeks to significantly encroach on these lots. I have read the Statement of Heritage Impact (SoHI) prepared by Borst and Conacher Architects and dated June 2015 to support the application and make the following comments about it:

The Statement of Heritage Impact does not state what, exactly, is being proposed, but contains, in Section 7.3 (Appendix) the previous plan of subdivision which was refused by Council. It can only be assumed that their heritage comments are not based on the current plan the subject of the current application.

The SoHI states that the house was designed by Irwin (actually Edwin) Roy Orchard and goes on to say that Bidura is possibly the best example of his work in the California Bungalow style. This is reinforced by the listing of ‘Bidura’ on the Register of Significant Architecture in NSW maintained by the Australia Institute of Architects.

The SoHI states that the California Bungalow is “popular and widespread in rural areas, local examples include ‘Bidura’”. However, there are few such fine examples of the style as ‘Bidura’, which is arguably the best and grandest example of the style in the Wingecarribee Shire. It is the only California Bungalow in Bowral listed on the Register of Significant Architecture.

The SoHI attributes the building of ‘Bidura’ to be mid-1920, but Council’s records indicate that the house was actually built in 1917, making it an early example of the style.

The SoHI states that the more significant part of the garden is proposed to be retained and the Merrigang Street portion is less significant to the item. However, this does not take into account the visual impact of the potential loss of the hedge and vegetation on Merrigang Street, nor does it assess the impact of new houses along Merrigang Street on the visual curtilage of the item.

The SoHI discusses the possibility of the relocation of the entry gates onto Albert Street. These fine entry gates, a good example of Arts and Crafts style, are a significant component to the heritage item and should remain in situ. They should also remain as the primary entry to ‘Bidura’.

From a heritage perspective, I reinforce the Heritage Committee’s previous comments that subdivision of current Lots 1-3 should be minimised. However, there might be some scope for subdivision on the corner of Albert and Shepherd Streets and there is no heritage objection to the reasonable subdivision of all or part of Lot 9.

Council’s Heritage Advisor has provided the following comments: ‘The proposal is to subdivide suburban lots off a heritage property. I would disagree with an argument for 9 paper lots (the current situation) automatically translating 9 new lots at this heritage item. Development density is too high here. The internal road appears to be an attempt to further increase development density. The risk of poorly designed project home development that detracts from the heritage item, and area generally, should be faced at this subdivision planning phase. Heritage advice is:

Provide detail survey of existing gardens. There are many structures, paving and plantings that are not shown on the survey. Gardens to this heritage item are mature and extensive. The surveyor should locate all significant trees and hedges, which




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should be identified on a detailed plan. A detailed landscape plan should then show how much of the significance of the gardens will be retained in the proposal.

Merrigang St frontage. Development density is, I consider, too high in the front lots. Given the context of large lots and heritage items, there should be no more than 3 lots along the street frontage, with established trees and hedges retained. The existing houses on Merrigang St are a good indication of suitable house spacing.

Shepherd St frontage. There may be opportunity to subdivide one or two lots along this frontage, subject to planning around existing plantings.

Pre-planning embedded in an 88b instrument should locate footprints for houses and outbuildings in the subdivision plan, establish excavation exclusion zones to protect drip lines of established trees, clearly show fence lines and types as well as driveway routes. The proposed internal road has no relevance to the existing streetscapes and should be deleted.

Landscape buffer. Establish a 6m wide building exclusion zone along the common boundary between the lot containing the heritage item and the new lots. Two metre strip along boundary to be filled with a suitable fence and hedge. Refer fence and hedge detail below.

Street frontage. Retain hedge in an 88b instrument. Where the hedges are missing, detail a fence with hedge behind to maintain a street frontage. This should reduce impact on historic buildings across the street.

Architectural and landscape standard. An architectural and landscape standard to be included as a covenant to the subdivision.’

The architectural and landscape standards to be included in a covenant suggested by the Heritage Advisor are as follows: ‘To provide a development of harmonious appearance that is sympathetic to the heritage item, the linen plans of subdivision shall be accompanied by a Section 88b Instrument which requires:

Dwellings, outbuildings and garage buildings to be located within the defined building envelopes shown on the subdivision plan, so as to protect existing trees and gardens on site;

Proposed buildings upon the lots are subject to architectural and landscape standards including wall materials of roughcast render and / or timber weatherboards, timber door and window framing and fascias, terracotta tile roofs, 35 degree pitch roofs, timber faced garage doors, 1200mm high see-through rural type wire fences to detail pictured below, driveway gates to detail picture below, crushed granite paving for driveways and paths, and brick gutter edging to driveways;




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Dwellings would be restricted to single storey construction, with a second level contained within the 35 degree roof pitch;

Landscape standards identifying appropriate and inappropriate landscape species, would also be incorporated within an 88b restriction. Appropriate species would be based on the existing garden species.

Each Development Application for a dwelling shall be accompanied by a landscape plan showing additional plantings.

No brick/masonry gateways for new lots, so that the main entry to the heritage item remains the principal visual entry for the site.’

Planner’s Comment The main concern expressed by Council’s Heritage Advisor and Heritage Officer is that the proposed subdivision still does not adequately address the curtilage and setting of ‘Bidura House’. In respect of the Heritage Advisor’s comments it is noted that a more detailed plan of the existing gardens was lodged subsequent to his comments. Whilst there is merit in the recommendation regarding the pre-planning at subdivision stage being embedded in an 88B instrument it is considered that the majority of these matters would be addressed in future applications for dwellings on the proposed vacant lots if the subdivision is approved. The applicants have also suggested some 88B inclusions (as noted earlier in this report). The underlying thrust of the comments from Council’s Heritage Planner and Heritage Advisor is that proposed Lot 2 should either be deleted or relocated to the Shepherd Street frontage if possible. On balance it is considered that this would be unreasonable as the proposed subdivision achieves the following:

the existing entry gate would be retained even though it would be used as a pedestrian rather than vehicular entry

‘Bidura House’ would still have some frontage to Merrigang Street

existing important large trees on the site would be retained but the applicant has identified that five (5) smaller trees and a section of hedges along Merrigang would be removed to allow for access to proposed Lot 2. It is likely that some existing hedge and perhaps a large tree could be removed on Lot 9. It may be that the large tree on Lot 9 near the corner of Albert and Shepherd Streets could be retained. Also internal hedges and formal gardens would be lost if the application is approved and future dwellings are constructed on proposed Lots 6-8.




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‘Bidura House’ would be located on a lot having an area of 9,030m2 and so retain a significant landscaped curtilage.

The loss of a lot would reduce the potential to provide a housing site. The subdivision proposal is considered to be acceptable in terms of its effect on the heritage significance of ‘Bidura House’ provided that the following matters are included in a Section 88B instrument:

1. Residential development proposals including ancillary structures for all lots shall comply with the heritage conservation provisions in the Bowral Town Plan Development Control Plan.

2. Boundary fencing is to be 1200mm high see-through rural type wire fences.

Development Control Plans The provisions of the Bowral DCP apply to this site, however, there are no specific provisions (development controls) relating to the development as proposed.

Section 79C Evaluation In determining a development application (DA) the following matters have been taken into

consideration as of relevance to the development:



The DA complies with clause 5.10 of WLEP 2010 (refer to discussion regarding heritage issues above).




The development complies with the provisions of the Bowral DCP.

(iv) the regulations (to the extent that they prescribe matters for the purposes of this

paragraph), and

The application complies with the regulations.


The main issue in relation to this application is the impact of the proposed subdivision on the heritage significance of the property. These issues have been discussed in the




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LEP section of the report. It is considered that the proposed subdivision will have an acceptable impact upon the heritage significance of ‘Bidura House’.


The site is considered to be suitable for the subdivision as proposed given the heritage constraints. The NSW Rural Fire Service (RFS) has issued a bushfire safety authority as required under Section 100B subject to conditions. Water NSW has issued its concurrence subject to conditions.


Refer to the consultation (community engagement) section of this report.


The proposal is considered to be in the public interest due to the fact that the heritage listed ‘Bidura House’ will remain intact and have sufficient curtilage incorporating important large trees and the existing entry gate.

The existing dangerous vehicular access point at the corner of Albert and Merrigang Streets will be eliminated and relocated to Albert Street although the entry gate will remain in its current position.

CONSULTATION


The application was neighbour notified from 29/7/2015 – 14/08/2015 including the Heritage Working Group/Committee. Three submissions were received from the public and one from the Heritage Committee as discussed previously in this report.

The two public submissions object to the proposal for the following reasons:

Increased impact of traffic and service vehicles such as garbage collection trucks.

Increased motor traffic would add to the inconvenience and danger for non-motorists trying to access town.

Motorists flying past the ‘no through road’ sign in Shepherd Street that have previously ended up in the ditch on the side of the road could end up crashing into cars parked on the verge as a new lot is proposed on the corner of Albert and Shepherd Streets.

Loss of the ‘beautiful old tree’ situated on the south-western corner of proposed Lot 9 and the resulting detrimental impact on the unique streetscape of that part of Albert and Shepherd Streets.

Planner’s Comment

The main issue is the impact on the heritage significance of the property.

The density increase is a zoning matter and would have been considered at the time of the preparation of WLEP 2010. The lot sizes proposed are of a sufficient size to ensure appropriately designed dwellings which would have a minimal impact on amenity.




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The traffic increases are also considered to be minimal and the local road system is adequate to cope with the increases in vehicle movements.

It is possible that the tree on proposed Lot 9 could be removed as a result of future residential development. It may be that the lot is of sufficient dimensions and area that the tree could remain as it could be possible to provide access and a building envelope away from the tree. Condition 14 (i) shall ensure a restriction is imposed on Lot 9 to ensure the retention of this tree for heritage purposes. It is also noted that Council’s Heritage Planner has advised that there would be some scope for subdivision on the corner of Albert and Shepherd Streets.

Internal Consultation

Council’s Development Engineer has prepared draft conditions of consent. It is recommended that the existing vehicle access at the corner of Merrigang and Albert Streets be relocated to Albert Street for safety reasons. This matter has been conditioned.


Environment

There are no environmental impacts in relation to this development other than the impact on the heritage significance of the building which has been discussed in the WLEP 2010 section of the report.

Social




Culture

The environmental heritage of the proposal has been considered and is acceptable as outlined in the report.

Governance

The development application has been considered in accordance with WLEP 2010, the Environmental Planning and Assessment Act and any matters relevant to the development.


Operational Plan 2014-2017: OP:117 Provide development, building assessment and certifications services.






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Should the applicant choose to appeal a refusal by Council through the Land and Environment Court and lose, the question of cost with regard to Council’s legal representation would be determined by the extent of the reasons for refusal.

Should the applicant choose to appeal a refusal by Council through the Land and Environment Court and win, the question of cost would be dependent upon the extent of the reasons for refusal.

Should any person choose to take out Class 4 proceedings against Council to the Land and Environment Court and lose, the question of cost with regard to Council’s legal representation would be calculated at the appropriate time.

Should any person choose to take out Class 4 proceedings against Council to the Land and Environment Court and win, the question of cost would still be calculated at the appropriate time.



There are policy implications for Council in respect of heritage conservation and management as outlined in WLEP 2010 and the Bowral DCP.

OPTIONS


Option 1

That the development application be approved subject to the conditions of consent included in Attachment 1.

Option 2



DISCUSSION OF KEY ISSUES

The main issue relating to this proposal is the heritage impact of the proposed boundary changes on the significance of ‘Bidura House’, its curtilage and setting. The impacts identified in this report are considered to be acceptable provided that the matter is appropriately conditioned and the following matters are included in a Section 88B instrument:

1. Residential development proposals including ancillary structures for all lots shall comply with the heritage conservation provisions in the Bowral Town Plan Development Control Plan.

2. Boundary fencing is to be 1200mm high see-through rural type wire fences.




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CONCLUSION

In conclusion, the application is compliant with the relevant provisions of the Environmental Planning and Assessment Act, WLEP 2010 provisions and the Bowral Town DCP.

Approval subject to conditions included in Attachment 1 is recommended.

ATTACHMENTS


2. Proposed Subdivision - circulated under separate cover Mark Pepping Deputy General Manager Corporate, Strategy & Development Services Friday 6 November 2015




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12 OPERATIONS FINANCE & RISK

12.1 Proposed Right of Carriageway Over Council Property, 39 Station Street, Bowral

Reference: PN1379200 PN1704939 PN1788250 Report Author: Senior Property Officer Authoriser: Manager Business Services Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE The objective of this Report is to have Council further consider its position in relation to the request for a Right of Carriageway to burden Council Property, 39 Station Street Bowral (‘the Property’). The Right of Carriageway is sought by the owner of 33-37 Station Street (‘the Benefitted Property’). This matter is referred to Closed Council in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)(c) as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

RECOMMENDATION THAT in relation to the Proposed Right of Carriageway over Council Property, Council adopts the recommendation contained within the Closed Council report – Item 22.1. OR THAT the report concerning the Proposed Right of Carriageway over Council Property be considered in Closed Council – Item 22.1.

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

ATTACHMENTS

There are no attachments to this report.




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12.2 Licence Agreements to Country Women's Association of New South Wales and South Western Sydney Local Health District, Winifred West Park, Mittagong

Reference: PN1266800 Report Author: Senior Property Officer Authoriser: Manager Business Services Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE The purpose of this report is to have Council approve execution of the Licence Agreements in respect of the use of the rooms at Winifred West Park Mittagong for: 1. Country Women’s Association of New South Wales (‘CWA NSW’); 2. South Western Sydney Local Health District (‘SWSLHD’).

RECOMMENDATION 1. THAT the General Manager and Mayor be delegated authority to execute the

Licence Agreement in favour of Country Women’s Association of New South Wales with respect to the use of the C.W.A. Rooms at Winifred West Park AND THAT it be noted that the Licence Agreement is for a term of five (5) years.

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

Licence Agreement in favour of South Western Sydney Local Health District with respect to the use of the Early Childhood Rooms at Winifred West Park AND THAT it be noted that the Licence Agreement is for a term of five (5) years.

REPORT

BACKGROUND

On Wednesday 10 December 2014, Council considered a report with respect to various outstanding leases and licences of Council property. It was resolved by Council, with respect to Winifred West Park (only) as follows:

9. THAT Council publicly notify and exhibit the proposed five (5) year Licence Agreement

of part Winifred West Park, Mittagong to Country Women’s Association of New South Wales, for the use of the C.W.A. Rooms, for a minimum twenty eight (28) day period AND THAT a Report be forwarded to a future Ordinary Meeting of Council following closure of the public exhibition period.




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10. THAT Council publicly notify and exhibit the proposed five (5) year Licence Agreement of part Winifred West Park, Mittagong to South Western Sydney Area Health Service (NSW Health), for the use of the Early Childhood Centre Room, for a minimum twenty eight (28) day period AND THAT a Report be forwarded to a future Ordinary Meeting of Council following closure of the public exhibition period.

REPORT

Following the above resolutions of Council, the Licence Agreements were drafted and submitted for preliminary approval to each of the occupiers/licensees of the rooms at Winifred West Park

Public notice of the intention to execute the Licence Agreements in respect of each of the CWA Rooms and Early Childhood Rooms was advertised for a minimum twenty eight (28) day period, concluding 2 October 2015. No submissions or objections were received.

Council’s Recreation Planner has confirmed that the current use of the CWA Rooms and Early Childhood Rooms are authorised in the current adopted Plan of Management. Therefore the continued use of those rooms by the CWA NSW & SWSLHD is supported.

This report recommends that Council delegate authority to the General Manager and the Mayor to execute the Licence Agreements to both CWA NSW & SWSLD for the use of the respective CWA Rooms and Early Childhood Rooms.


None identified.

CONSULTATION

Community Engagement

Public notice has been advertised for a minimum twenty eight (28) day period, concluding on 2 October 2015. No further engagement with the community is required.

No objections were received in respect of the Licence Agreements to CWA NSW and SWSLHD.


Relevant departmental managers.

Built Assets Coordinator

Recreation Planner

External Consultation

CWA NSW

SWSLHD




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Environment


Social




Culture


Governance

There are no governance issues in relation to this report.


There is no variation to Council’s budget implications by approving each Licence Agreement for execution in favour of CWA NSW and SWSLHD.

The Licence Agreements require that the licensees pay all water usage and waste charges, together with outgoings (including telephone, electricity, gas and internet etc). Council as Licensor is to pay all rates levied on the property. This is in compliance with the Policy for Lease & Licence of Council Property (Not-For-Profit Organisations).


Lease & Licence of Council Property (Not-For-Profit Organisations).

This Policy was adopted on 26 November 2014

Asset Management

This Policy was adopted on 9 September 2015

CONCLUSION

It is recommended that the General Manager and Mayor be delegated authority to execute the Licence Agreements under the Common Seal of the Council in respect of the rooms occupied by the CWA NSW and SWSLHD.

ATTACHMENTS





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12.3 Crown Reserve Licence Agreement, Proposed Men's Shed on part Quigg's Reserve Canyonleigh (Crown Land)

Reference: PN315400; 7136; 6533/2 Report Author: Senior Property Officer Authoriser: Manager Business Services Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE The purpose of this report is to have Council endorse the processes necessary to establish a Crown Reserve Licence Agreement over part of Quigg’s Reserve Canyonleigh for the construction, operation and management of a proposed men’s shed by Canyonleigh Community Hall Management Committee.

RECOMMENDATION 1. THAT Council as Trust Manager supports in-principle the proposal for a Men’s

Shed on Quigg’s Reserve Canyonleigh. 2. THAT subject to the in-principle approval of the Crown, Council will:

(a) call for Expressions of Interest for the site, advertising for a minimum twenty eight (28) day period;

(b) receive submissions following the closure of the exhibition period.

3. THAT a further report will be forwarded to a future Ordinary Meeting of

Council to determine the Expressions of Interest.

REPORT

BACKGROUND

Wingecarribee Shire Council Crown Reserves Reserve Trust is the Trust Manager of the Crown Reserve known as “Quigg’s Reserve”, being the whole of the land comprised in Lot 158 DP 728034. The Reserve has a total area of 28.43ha and its gazetted purpose is “community purposes and public recreation” (gazetted 02/06/1989). Below is an image showing the approximate location of the proposed Men’s shed in the north-eastern portion of the Reserve (between the Fire Shed and the Community Hall – marked with the letter ‘X’).




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The whole of the Reserve and current and proposed improvements are shown on the aerial map – Attachment 1.

Canyonleigh community hall is constructed on Quigg’s Reserve. Canyonleigh Community Hall Management Committee is a local committee operated and managed under Section 355 of the Local Government Act 1993.

REPORT

Canyonleigh Community Hall Management Committee has resolved to endorse and support the construction and operation of a Men’s Shed on the north-eastern corner of Quigg’s Reserve.

A “Men’s Shed” is defined by Australian Men’s Shed Association Incorporated as “any community-based, non-profit, non-commercial organization that is accessible to all men and whose primary activity is the provision of a safe and friendly environment where men are able to work on meaningful projects at their own pace in their own time in the company of other men. A major objective is to advance the well-being and health of their male members.” There are now over 740 "Sheds" in Australia (May 2012).

Council is Reserve Trust Manager for Quigg’s Reserve. A reserve trust is a legal body that cares for a Crown reserve on behalf of the people of New South Wales. As Reserve Trust Manager, Council is charged with responsibility to manage and care for the reserved land and to facilitate and encourage community use and enjoyment.

WHAT IS A CROWN RESERVE?

“Crown reserves are land set aside on behalf of the community for a wide range of public purposes including environmental and heritage protection, recreation and sport, open




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space, community halls, special events and government services. This results in a diversity of reserve types.

There are about 33,000 Crown reserves with a total area of 2.5 million hectares across New South Wales - about three percent of the land area of the State. Reserves are created to protect and manage important community resources and are administered under the Crown Lands Act 1989.

HOW ARE CROWN RESERVES MANAGED?

The Crown Reserve System is the oldest and most diverse system of land management in NSW. It promotes the cooperative care, control, and management of Crown reserves by the community with assistance from the NSW Department of Primary Industries - Lands (the Department) and other government agencies and reserve users.

The Crown reserve system aims to:

optimise the social, recreation, environmental and economic benefits to the people of New South Wales by working in partnership with other government agencies, local government, local trust boards, private enterprise, industry and community groups.

identify and draw on the potential of Crown reserves to ensure that they make a difference to people's lives through responsible management that also supports regional communities and economies now and in the future.

A comprehensive review of NSW Crown land management was completed in April 2013 which will guide the Department over the coming years to increase the benefits and returns from Crown land to the community.”

(Extracted from http://www.crownland.nsw.gov.au/ 21 October 2015)

PROPOSED CROWN RESERVE LICENCE AGREEMENT

Crown Lands issues licence agreements to individuals, businesses and community organisations for a number of purposes, including:

grazing of stock (excluding areas with high environmental sensitivity);

extraction industry operations (eg. Quarries);

agriculture and cultivation;

approved short-term use;

short term purposes such as sporting events, minor extractive operations not covered by the Mining Act 1992 and site investigation associated with potentially acceptable development proposals.

Occupation, use, development or construction must not commence on Crown land until a licence has been granted for that specific purpose.

Crown Reserve Licence Agreements are subject to a number of conditions, which are set out in the licence agreement. Additional special conditions may be included relative to the purpose of the licence and specific environmental outcomes. Conditions include:

payment of annual rent, which is determined on a market value basis. Rents are reviewed and reassessed at regular intervals and may also be subject to annual Consumer Price Index (CPI) adjustments;




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permitting the use or occupation of Crown land for either a specified or unspecified period of time;

the licence agreement is not transferable but in appropriate circumstances may be revoked and a new licence granted in its place

EXPRESSIONS OF INTEREST

As Council as Trust Manager has now received a request for a new use of part of the Reserve, it is necessary, in the interests of transparency and neutrality, to call for expressions of interest for the site.

Expressions of Interest will be called for a minimum twenty eight (28) day period, and following the closure of that period, a further report will be forwarded to a future Ordinary Meeting of Council to determine the matter.


None identified.

CONSULTATION


There has been no engagement with the community at this stage. If Council resolves to support the proposed men’s shed on the Crown Reserve, expressions of interest will be called for the site and this will be advertised for a minimum twenty eight (28) day period. Submissions received will be reviewed and a further report forwarded to a future ordinary meeting of Council for determination


Deputy General Manager Operations, Finance & Risk

Assets

Section 355 Committee Coordinator


Canyonleigh S355 Committee

Crown Lands


Environment


Social

With the possibility of a future men’s shed operating on part of Quigg’s Reserve Canyonleigh there are many potential social benefits including social support, increasing community well-being and support and leadership.




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Culture


Governance



There are no budgetary implications arising from this report.


None identified.

CONCLUSION

It is recommended that Council undertake the necessary processes required by the Crown in the interests of transparency and neutrality. This includes calling for Expressions of Interest for part Quigg’s Reserve at Canyonleigh. Following the Expression of Interest process, a further report will be forwarded to a future Council meeting to determine the future proposed use of part of Quigg’s Reserve.

ATTACHMENTS

1. Aerial Map


12.3 Crown Reserve Licence Agreement, Proposed Men's Shed on part Quigg's Reserve Canyonleigh (Crown Land)

ATTACHMENT 1 Aerial Map

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ATTACHMENT 1




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12.4 Bulk Materials Tender

Reference: 6330/15.16 Report Author: Fleet and Procurement Officer Authoriser: Manager Design and Construction Link to Corporate Plan: Provide safe and efficient road, cycle and where

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

PURPOSE

The purpose of this report is to facilitate the evaluation of the Request for Tender for the supply of Bulk Materials for 2016 and subsequent recommendations.

RECOMMENDATION

THAT in relation to the Bulk Materials Tender, Council adopt the recommendations contained within the Closed Council report – Item 22.3. OR THAT the report concerning the Bulk Materials Tender be considered in Closed Council – Item 22.3.


REPORT

BACKGROUND

Wingecarribee Shire Council seeks suitable and qualified Contractors on an annual basis for the supply of Bulk Materials to support Council’s Capital Works Projects and Maintenance Programs. Council shall engage with Contractors on the basis of a Deed of Standing Offer arrangement via an Open Tender.

REPORT

The Bulk Materials Tender is a panel tender for the supply (ex-bin) and delivery (free-in-store to Moss Vale depot) of materials including road base, aggregate and crushed sandstone.




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Council’s annual Capital Works and Maintenance programs require road materials for the delivery of services. Annual expenditure on bulk materials exceeds $1M.

In accordance with the Local Government (General) Regulation 2005, 163(2), Council is required to invite tenders where estimated expenditure is greater than $150k (GST inclusive).

ADVERTISING DETAILS

The tender was advertised as follows:

(a) Sydney Morning Herald – 29 September 2015. (b) Southern Highlands News – 30 September and 7 October 2015. (c) Council’s eTendering website, tenders.nsw.gov.au, for the duration of the advertising

period. (d) Council’s Online Customer Service Centre for the duration of the advertising period.

Tenders closed 10:00am 20 October 2015.

TENDERS RECEIVED

A total of six (6) tender submissions were received:

Company Name City Post Code

Australian Steel Mill Services Warrawong 2502

Benedict Industries Pty Ltd Frenchs Forest 1640

Boral Resources (NSW) Pty Ltd Wentworthville 2145

Gunlake Quarries NSW Pty Ltd Marulan 2579

SITA Australia Pty Ltd Chullora 2190

Velijohn Pty Ltd Bringelly 2556

EVALUATION CRITERIA

The criteria used to evaluate the Bulk Materials Tender are:

1. Compliance Criteria a) Insurances - $20M Public Liability; Workers’ Compensation; and Motor Vehicle

Insurance;

b) Quality Management Systems and evidence of National Association of Testing

Authorities (NATA) Accreditation;

c) Satisfies Legislative and Conflict of Interest Compliance;

d) Completion and correct lodgement of Response Schedules.

2. Weighted Criteria

a) Demonstrated Capability and Capacity – 20%; b) Demonstrated Experience and Past Performance – 20%; c) Key Personnel and Experience – 20% d) Local Purchasing Preference Policy (LPPP) – 10% e) Price – 30%


In accordance with Council’s Fit for the Future Detailed Action Plan, Council will optimise the level of maintenance on infrastructure assets through enhanced procurement practices to ensure best value is achieved.




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CONSULTATION


No specific community engagement activities were conducted relevant to the subject of this report however road materials are required to meet Council’s infrastructure assets maintenance and construction obligations.


The specification for supply of bulk materials is prepared in consultation with Council’s Design and Construction and project management personnel.


Council’s Operations personnel seek guidance from the NSW Roads and Maritime Services in the preparation of the specification for supply of bulk materials.


Environment

All materials must comply with the Protection of the Environment Operations Act 1997.

Social



Council’s Local Purchasing Preference Policy is incorporated in to the evaluation criteria.

Culture


Governance

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


Council’s 15/16 Operational Plan includes an estimated $18.26m for Construction and Maintenance of Infrastructure (4.3). These estimates include allocations for supply of bulk materials.






Page | 122

CONCLUSION The tenders have been assessed in accordance with the predetermined selection criteria. Details of the contract and assessment are available on the tender file. If requested, the file can be made available to Councillors.

ATTACHMENTS





Page | 123

12.5 Shredding Green Waste and Crushing Concrete Tender at the Resource Recovery Centre

Reference: 6330/15.8 Report Author: Manager Business Services Authoriser: Deputy General Manager Operations, Finance & Risk Link to Corporate Plan: Continue to reduce, reuse, recycle and return to maker

PURPOSE Reporting on the evaluation of the tender for the Shredding of Green Waste received at the Resource Recovery Centre (RRC) and for the Crushing of Concrete received at the RRC.

RECOMMENDATION THAT in relation to the Shredding Green Waste and Crushing Concrete Tender, Council adopts recommendation contained within the Closed Council report – Item – 22.3. OR THAT the report concerning the Shredding Green Waste and Crushing Concrete Tender be considered in Closed Council – Item – 22.3.


REPORT

BACKGROUND

The Resource Recovery Centre (RRC) at Moss Vale receives up to 10,000 tonnes of green waste each year from Council’s kerbside collection service and from residential and commercial drop off. The green waste is then processed on site as pasteurised garden organic material. This product is then sold to customers as Mulch or Compost.

The first step in this process is the shredding of the green waste, which starts the pasteurisation process. The RRC requires at least three shredding campaigns a year to minimise stock piling of green waste, provide continuous supply of finished product and ensure space is maintained on site to continue to receive green waste.

The RRC receives up to 5,000 tonnes of used concrete, tiles and bricks from commercial, Industrial and demolition works each year. This product is crushed to either a minimum 75mm size or down to minimum 25mm size for selling back to the community and




Page | 124

commercial customers. The RRC generally processes this material twice a year to maintain supply and space on site.

Both processes allow for up to 100% diversion of this waste from landfill.

REPORT

Council (the principal) sought responses from appropriately qualified and licenced tenderers to provide a fixed price three year contract.

ADVERTISING DETAILS

The Tender was advertised as follows:

A Sydney Morning Herald – 4 August 2015

B Southern Highlands News – 12 August and 19 August 2015

The Tender was published on eTendering from 4 August 2015 and closed 25 August 2015.

TENDERS RECEIVED

Shredding Green Waste

1. Divall's Earthmoving and Bulk Haulage

2. Davis Earthmoving & Quarrying Pty Ltd

3. JMT Civil Pty Ltd Spring Farm

4. Soilco Pty Ltd

Crushing Concrete

1. Divall's Earthmoving and Bulk Haulage

2. Davis Earthmoving & Quarrying Pty Ltd

SELECTION CRITERA AND RATING SCALE

1. Selection Criteria

a. Insurances – Public Liability, Worker’s Compensation and Motor Vehicle

b. Compliance with tender documentation

c. Evidence of Quality, Safety and Environmental Management Systems

d. Qualifications


a. Price 60%

b. Non Price

i. Past Performance 10%

ii. Capacity 10%

iii. Integrated Management System 10%

iv. Local 10%




Page | 125

TENDER EVALUATION The tenders have been assessed in accordance with the predetermined selection criteria. Details of the assessment are available on the tender file. If requested, the file can be made available to Councillors.

EVAUATION PANEL

An evaluation panel of Council staff assessed each tender submission.


This tender will have a nil impact to the Fit for the Future proposal.

CONSULTATION


There were no specific community engagement activities that were conducted relevant to the subject of this report.


Relevant departmental managers


There were no specific external engagement activities that were conducted relevant to the subject of this report.


Environment

This recycling method will have a positive impact to the environment by reducing waste sent to landfill and allowing waste to become a resource to reuse.

Social




Culture


Governance

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




Page | 126


A fixed three year contract will assist budgeting by providing known future costs of production. This will also provide consistent quality, ensuring customer retention and growth and should have a positive impact on future budgets.




ATTACHMENTS





Page | 127

12.6 Sale of Recycled Metal Tender

Reference: 6330/15.9 Report Author: Manager Business Services Authoriser: Deputy General Manager Operations, Finance & Risk Link to Corporate Plan: Continue to reduce, reuse, recycle and return to maker

PURPOSE Reporting on the evaluation of the tender for the Sale of Recycled Metal received at the Resource Recovery Centre (RRC).

RECOMMENDATION THAT in relation to the Sale of Recycled Metal Tender, Council adopts recommendation contained within the Closed Council report – Item – 22.4. OR THAT the report concerning the Sale of Recycled Metal Tender be considered in Closed Council – Item 22.4.


REPORT

BACKGROUND

The Resource Recovery Centre (RRC) at Moss Vale receives up to 1,000 tonnes of used metal products annually. Once the product is dropped off, the staff at the RRC then sort and load bins to allow transport off site to metal recyclers.

This process allows for up to 100% diversion of this waste from landfill.

REPORT

Council (the principal) sought responses from appropriately qualified and licenced tenderers to provide a fixed price three year contact.

ADVERTISING DETAILS

The Tender was advertised as follows:

A Sydney Morning Herald – 4 August 2015

B Southern Highlands News – 12 August and 19 August 2015




Page | 128

The Tender was published on eTendering from 4 August 2015 and closed 25 August 2015.

TENDERS RECEIVED

1. One Steel

2. Sell & Parker

SELECTION CRITERA AND RATING SCALE

1. Selection Criteria

a. Insurances – Public Liability, Worker’s Compensation and Motor Vehicle

b. Compliance with tender documentation

c. Evidence of Quality, Safety and Environmental Management Systems

d. Qualifications


a. Price 60%

b. Non Price

i. Past Performance 10%

ii. Capacity 10%

iii. Integrated Management System 10%

iv. Local 10%

TENDER EVALUATION The tenders have been assessed in accordance with the predetermined selection criteria. Details of the assessment are available on the tender file. If requested, the file can be made available to Councillors.

EVAUATION PANEL

An evaluation panel of Council staff assessed each tender submission.


This tender will have a nil impact to the Fit for the Future proposal.

CONSULTATION


There were no specific community engagement activities that were conducted relevant to the subject of this report.


Relevant departmental managers




Page | 129


There were no specific external engagement activities that were conducted relevant to the subject of this report.


Environment

This recycling method will have a positive impact to the environment by reducing waste sent to landfill and allowing waste to become a resource to reuse.

Social




Culture


Governance

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


There are no budget implications to this proposal.




ATTACHMENTS





Page | 130

12.7 Rates and Charges for Community Based Not-For-Profit Organisations

Reference: 7120/2 Report Author: Property & Project Officer Authoriser: Senior Property Officer Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE The purpose of this report is to have Council endorse amendments to the existing leases and licences with Not-For-Profit Organisations to bring the leases and licences in line with the recently adopted Lease & Licence Policy for Not-For-Profit Organisations. The report also seeks an allocation of funds in the 2015/16 Budget to facilitate the payment of rates and access charges for these properties.

RECOMMENDATION 1. THAT Council confirms that Not-For Profit Organisations which are currently

liable to pay rates under their current Lease or Licence Agreement be advised that, with their concurrence, the existing agreements will be amended to reflect Council’s adopted leasing policy for Not-For-Profit Organisations.

2. THAT notwithstanding resolution 1, Council allocates funds at the September

Budget Review to make a donation to the Not-For-Profit Organisations of an amount equivalent to 100% of the general rates, water access and sewer charges due by the lessees or licensees.

REPORT

On Wednesday, 26 November 2014 at the Ordinary Meeting of Council, Council adopted

the Policy for Leasing & Licencing of Council Property: Not-For-Profit Organisations.

Many of the Not-For-Profit Organisations currently have leases or licence agreements in place that were entered into well prior to the recent adoption of the Leasing & Licencing of Council Property: Not- For-Profit Organisations (‘the Policy’). These lease or licence agreements state that the Lessee or Licensee is responsible for paying rates and charges. Historically, many of these Not-For-Profit Organisations have not been invoiced for those rates. Strict enforcement of the terms of the lease or licence agreement requires the lessee or licensee to pay the rates and charges levied, notwithstanding the policy adopted by Council in November 2015.




Page | 131

Clauses 6 & 7 of the Policy state as follows:

6. Payment of Rates (a) NFPOs that are Lessees or Licensees of Council Property are not required to pay

rates levied against the Council Property including land rates, water access and sewerage charges.

(b) Council will pay the rates referred to in clause 6(a) levied in respect of Council Property that is under Lease or Licence to a NFPO.

Following a recent audit of leases and licences, staff were directed to ensure that each Lessee or Licensee comply fully with the terms and conditions of the Lease or Licence Agreement they are bound by including the payment of rates and charges (where required). To avoid any discrepancies between the Policy that has been adopted and existing Lease and Licence Agreements, and noting also that there have been some concerns raised by representatives of Not-For-Profit Organisations that the Policy could be altered in the future to remove this concession, it is proposed to amend the existing leases and licences. Council will also need to allocate the necessary funds to make the donation to pay the amount of rates and charges due by the Not-For-Profit Organisations under the lease or licence.

The Not-For-Profit Organisations affected are:

Wingecarribee Adult Day Care Centre

Wingecarribee Community Services Centre Incorporated

KU Children Services

Gumnut Bowral Memorial Kindergarten Inc.

Mittagong Preschool Kindergarten

Berrima District Historical & Family History Society

Bundanoon Men’s Shed

Illawarra Children Services Limited (Big Fat Smile)

Highlands Community Centre

Volunteering Wingecarribee Incorporated

Mittagong Preschool Kindergarten Inc.

CONSULTATION


There is no community engagement required. This is an administrative matter between Council as lessor or licensor and the individual Not-For-Profit Organisations that hold a lease or licence agreement in respect of Council property.




Page | 132

Internal Consultation Deputy General Manager, Operations, Finance & Risk Manager Business Services


Correspondence has been sent to the affected Not-For-Profit Organisations advising them of the situation. Following this Council report, further correspondence will be issued to those organisations advising the outcome.


Environment


Social

Through the provision of Council Property by lease or licence to Not-For-Profit and Community-Based Organisations, Council supports community well-being and provides support and leadership.



Culture


Governance

It is essential for good governance that there is transparency in decisions and a clear and effective administration system for leasing and licensing of Council property. This is seen as an essential part of the provision of quality services to the Shire.


If Council resolves to make a donation back to the Not-For-Profit Organisations following the payment of rates and charges by those organisations, this will have a negative impact on Council’s current budget of approximately $22,000 in this year. This will be a recurring cost each year, based on the rates assessed as payable.


Leases & Licences of Council Policy: Not-For-Profit Organisations adopted 26 November 2014.




Page | 133

OPTIONS


Option 1

That Council confirms that the Not-For-Profit Organisations are bound to comply fully with the terms of each individual lease or licence agreement, i.e. the Not-For-Profit Organisations must pay the rates and charges levied. To compensate the organisations, Council could consider making a donation to those organisations up to a maximum of the amount of rates paid under the lease or licence agreement.

Option 2

That Council varies each existing lease or licence agreement where the payment of rates and charges by the lessee or licensee is a condition of that agreement to align with the adopted Policy of Council. The variation would be done by Deed of Variation. According to advice received from Council’s panel solicitors in respect of varying such agreements, as the lease or licence agreement would be formally varied this would require the resolution of Council prior to entering into the Deed. This process also requires the cooperation of the lessee or licensee to vary the lease or licence agreement accordingly. Further, that Council allocates the required funds in the 2015/16 Budget to meet the cost of these rates and charges, and that the funding request be referred to the September Budget Review.


CONCLUSION

It is recommended that Council resolve to amend the leases and licences to align with the adopted Policy and to pay as an annual donation the amount of rates and charges levied to and due by the various Not-For-Profit Organisations. This will then align existing lease and licence agreements for Not-For-Profit Organisations with current adopted Policy.

ATTACHMENTS





Page | 134

12.8 Council Facilities Committee Appointment of Community Representatives

Reference: 107/39 Report Author: Building Assets Coordinator Authoriser: Manager Assets Link to Corporate Plan: Maintain strong public institutions and facilities in the

district to match the evolving needs of the community

PURPOSE To endorse the nominations for Councils Facilities Committee.

RECOMMENDATION 1. THAT Council appoint Roma Dix, Peter Cunningham and Stephen Blinkhorn to

the Council Facilities Committee. 2. THAT in the event that a community member vacancy occurs in the future and

prior to 10, September 2016, the selection committee comprising the Mayor, the Committee Chair, General Manager and a staff representative be authorised to consider submissions from unsuccessful candidates from the recent round of Expressions of Interest.

3. THAT the unsuccessful candidates be advised in writing of Council’s decision.

REPORT

BACKGROUND

On 8 May 2013 MN148/13 Council resolved to form the Council Facilities Committee having the following objectives.

1. To oversee the coordination of planning, designing, construction and operation of Council facilities

2. To oversee the operation of Council’s Volunteer s355 Facilities Management Committees

The composition of the committee was three (3) Councillors and five (5) Community representatives.

REPORT

The Council Facilities Committee when formed did not have a full complement of community representatives having only four (4) representatives. On a number of occasions the committee struggled to have a quorum to have formal meetings. Following the resignations of a further two community representatives, the committee has not had a quorum for the




Page | 135

past twelve months; meaning that the committee has not had a formal meeting for that period.

Council recently advertised for expressions of interest from the community for a one month period, with a closing date of 21 August 2015. One nomination was received after the closing date.

Council readvertised for expressions of interest for another one month period. Nominations closed on 16 October 2015 with 7 nominees responding.

To consider the nominations a committee review panel was convened comprised of the Mayor, Larry Whipper, Councillor and Chairperson of the Committee, Clr Ian Scandrett, the General Manager, Ann Prendergast, and the Built Assets Co-Ordinator, Chris Richmond.

It was determined by the committee review panel to consider all 7 nominations. The panel considered nominations on the basis of achieving a working group with previous experience on committees and/or working groups, involvement in the local community and other skill sets that would be advantageous for the purpose of the Facilities Committee.

The committee review panel recommended appointing Roma Dix, Peter Cunningham and Stephen Blinkhorn to the committee.

In addition, the panel recommended that the unsuccessful candidates be given the first consideration in the event that a vacancy within the community representatives group eventuates.


This report has no impact on the Fit for the Future proposal.

CONSULTATION


Council called for expressions of interest for the committee in two rounds, both of which were advertised via the local paper and on Council’s website.


Internal consultation involved the following branches of Council:

Assets

Executive


There was no external consultation required.


Environment





Page | 136

Social




Culture

The Council Facilities Committee has the responsibility to oversee to oversee the coordination of planning, designing, construction and operation of Council facilities and to oversee the operation of Council’s Volunteer s355 Facilities Management Committees.

Governance

The committee is governed by Council’s Code of Conduct and must adhere to Council’s policies and procedures.


There are no budget implications related to this report.


Community Engagement Policy 2.10

Appointment of Community Representatives Policy File 105/4, 107/31

OPTIONS


Option 1

To endorse the nominations for the Council Facilities Committee as recommended by the committee selection panel.

Option 2

To reject all nominations.


CONCLUSION

If Council endorses the nominations for the Council Facilities Committee, the important work of the Council Facilities Committee can continue.




Page | 137

ATTACHMENTS

There are no attachments to this report. Barry W Paull Deputy General Manager Operations, Finance & Risk Friday 6 November 2015



REPORT GROUP MANAGER PLANNING, DEVELOPMENT & REGULATORY SERVICES

Page | 138

13 CORPORATE STRATEGY & DEVELOPMENT SERVICES

13.1 Development Applications Determined 1.10.2015 - 25.10.2015

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

Services Link to Corporate Plan: Ensure growth of towns and villages does not compromise

separation distance between those towns and villages

PURPOSE The report provides a list of development consents determined.

RECOMMENDATION THAT the information relating to Development Consents by Way of Approval under Delegated Authority Nos 1 to 72 and Refused/Withdrawn/Cancelled No 1 be received and noted.

Development Applications and Complying Development Certificates (DAs and CDCs)

DETERMINED BY WAY OF APPROVAL

24.8.2015 – 30.9.2015

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

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

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

No Application ID Property

No

Property Address & Property Legal

Desc

Property Owners

Description Date

Lodged

Stop Clock' Days

Assessment Days

Total Assessment Days

Date Finalised

1 14/1006.01 961400 66 Mittagong Road Bowral NSW 2576

N & l Dazos

Section 96 Modification – Alterations and

Additions to Dwelling

21/09/2015 0 24 24 16.10.2015

2 14/1006.03 961400 66 Mittagong Road Bowral NSW 2576

N & l Dazos

Section 96 Modification-

Alterations and Additions to

Dwelling

21/09/2015 0 24 24 16.10.2015




Page | 139


No


Desc

Property Owners

Description Date

Lodged

Stop Clock' Days

Assessment Days


Date Finalised

3 14/1026 978500

Maneroo 532 Moss Vale Road Burradoo NSW

2576

DL Flynn 2 Lot Subdivision 25/09/2014 306 75 381 12.10.2015

4 14/1072.03 1789510 52 Caalong Street Robertson NSW

2577 Mary Cairns

Construction of a dwelling and a

detached extension and

removal of three trees

14/10/2015 0 0 0 14.10.2015

5 14/1103 1382100 5 Station Street Mittagong NSW

2575

M Henderson &

l O’Connor-Henderson

Alterations and additions to the existing building, construction of a

detached garage/office

space and change of use to a food

and drink premises and

tourist and visitor accommodation

16/10/2014 167 196 363 15.10.2015

6 14/1306.04 1061500 77 Oldbury Road

Sutton Forest NSW 2577

Gumuny Holdings Pty

Ltd

Section 96 Modification - Demolition of Existing Farm Buildings and

construction of Equestrian Centre

17/09/2015 0 36 36 23.10.2015

7 15/0029.01 190200

200 Blencowes Lane Wildes

Meadow NSW 2577

M & A Goldsmith

Section 96 Modification –

Dwelling, garage and separate

building for use as Farm Stay

Accommodation

14/09/2015 0 35 35 19.10.2015

8 15/0085.02 1706106 61 Sallys Corner

Road Exeter NSW 2579

Australian Property

Syndicates Pty Ltd

Section 96 1a - Sign/Fixed

Advertisements 15/09/2015 0 36 36 21.10.2015

9 15/0302.05 1554000 2 Vivienne Street

Hill Top NSW 2575

J Risteski Dual Occupancy 24/09/2015 0 27 27 21.10.2015

10 15/0303.01 1707437

Historic Museum 1a Market Place

Berrima NSW 2577

Wingecarribee Shire Council

Section 96 Modification -

Sign 25/09/2015 0 20 20 15.10.2015

11 15/0331 1751360

Cnr Church Road And Wilson

Drive, Colo Vale NSW 2575

NSW Rural Fire Service

Fire Station Building 17/04/2015 104 67 171 6.10.2015




Page | 140


No


Desc

Property Owners

Description Date

Lodged

Stop Clock' Days

Assessment Days


Date Finalised

12 15/0361.04 1751080 36 Spencer Street Mittagong NSW

2575

Copelands Developments

Pty Ltd


Two (2) Lot Subdivision and Construction of

Dwelling

25/08/2015 14 40 54 20.10.2015

13 15/0404 1476200 6531 Illawarra Highway Moss Vale NSW 2577

G, S & S Price and D Stokes

Outbuildings - 2 Stable Buildings, Indoor Arena &

Associated Equine Facilities

14/05/2015 56 91 147 9.10.2015

14 15/0425.02 1780810 Webb Street

Mittagong NSW 2575

Bill Scott Section 96 Modification 13/10/2015 0 11 11 13.10.2015

15 15/0430 907100

Pylara 226 Drapers Road

Colo Vale NSW 2575

G Cole Alterations and


01/10/2015 36 107 143 1.10.2015

16 15/0517.01 1788890 9 Darraby Drive Moss Vale NSW

2577 J Snelgrove New Dwelling &

Granny Flat 12/06/2015 0 131 131 21.10.2015

17 15/0569 1750920 33-35 Kirkham

Street Moss Vale NSW 2577

R & M Reurich (Holdings) Pty

Ltd

Residential Flat Buildings 24/06/2015 0 99 99 1.10.2015

18 15/0575.03 1789220 21A Leopold

Street Mittagong NSW 2575

B Barham & R Lyons New Dwelling 13/10/2015 0 114 114 13.10.2015

19 15/0608.04 1782270 13-15 Fitzroy Street Hill Top

NSW 2575

Anna-Maree Docherty

Section 96 Modification 13/10/2015 0 11 11 13.10.2015

20 15/0614 1785370 40 Hoddle Street Burrawang NSW

2577

Bruce Ronald Waters New Dwelling 06/07/2015 40 56 96 12.10.2015

21 15/0618 757600 74-76 Joadja Street Welby

NSW 2575

Frederick G Mills

2 Lot Subdivision & Demolition 07/07/2015 62 29 91 6.10.2015

22 15/0672 1787550 15 Market Place

Berrima NSW 2577

Rodney Stephen Blay


Dwelling 24/07/2015 0 84 84 16.10.2015

23 15/0728 1707582 17 James Street

Hill Top NSW 2575

Erin Packer New Dwelling 06/08/2015 54 11 65 12.10.2015

24 15/0736 230800 98 Bowral Street

Bowral NSW 2576

J & W Windeyer


Dwelling 07/08/2015 0 62 62 8.10.2015

25 15/0742 1751800 4 Northcott Place Moss Vale NSW

2577

Maureen Murphy New Dwelling 11/08/2015 0 63 63 13.10.2015




Page | 141


No


Desc

Property Owners

Description Date

Lodged

Stop Clock' Days

Assessment Days


Date Finalised

26 15/0750 1793750 4 Isedale Road Braemar NSW

2575

Feldkirchen Pty Ltd New Dwelling 11/08/2015 0 72 72 23.10.2015

27 15/0756 1793760 6 Isedale Road Braemar NSW

2575

Feldkirchen Pty Ltd New Dwelling 11/08/2015 0 72 72 23.10.2015

28 15/0757 1790530 203 Horderns Road Bowral NSW 2576

Tujilo Pty Limited

Boundary Adjustment 11/08/2015 50 6 56 8.10.2015

29 15/0779 1794580 5 Lansdown Place Moss Vale NSW

2577 P & R Sapsford New Dwelling 13/08/2015 0 61 61 13.10.2015

30 15/0793 1023100 32A Narellan

Road Moss Vale NSW 2577

Jonathan Flick New Single Story

Dwelling with Detached Garage

19/08/2015 0 55 55 13.10.2015

31 15/0796 1705235 13124 Hume

Highway Sutton Forest NSW 2577

Australian Property

Syndicates Pty Ltd

Installation of underground Tank to Store

Adblue

19/08/2015 0 56 56 15.10.2015

32 15/0797 1738680 16 Windsor

Crescent Moss Vale NSW 2577

R & L Vella Boundary Adjustment 19/08/2015 44 6 50 9.10.2015

33 15/0805 1605400 57 William Street Bundanoon NSW

2578

M Thomas & G Weare

CDC - Alterations and Additions to

Dwelling 20/08/2015 17 35 52 12.10.2015

34 15/0807 1701287 225 Exeter Road

Sutton Forest NSW 2577

A M Feetham Alterations and


21/08/2015 0 58 58 19.10.2015

35 15/0831 1750290 63-69 Kirkham Road Bowral NSW 2576

Sprite Pty Ltd Recreation Facility (Indoor) 27/08/2015 0 40 40 7.10.2015

36 15/0832 693500 Hume Highway Braemar NSW

2575

Tycan Australia Pty

Limited

Two lot subdivision

27/08/2015 0 48 48 14.10.2015

37 15/0833 1699949 14 Queen Street

Bowral NSW 2576

R & M Jefford Outbuildings (Shed) 28/08/2015 0 45 45 13.10.2015

38 15/0839 1331600 18 Shepherd Street Bowral

NSW 2576 NE Wisemen


Dwelling 09/09/2015 0 32 32 12.10.2015

39 15/0840 54300 629 Argyle Street Moss Vale NSW

2577

Kathleen Annette Garbutt

New Dwelling 31/08/2015 21 17 38 9.10.2015

40 15/0849 1469000

Robertson Motel 65 Hoddle Street Robertson NSW

2577

M & P Bosa Alterations and

Additions to Commercial

01/09/2015 0 35 35 6.10.2015




Page | 142


No


Desc

Property Owners

Description Date

Lodged

Stop Clock' Days

Assessment Days


Date Finalised

41 15/0852 1784620 10C Thwaites

Drive Moss Vale NSW 2577

Shaun Michael Moylan New Dwelling 01/09/2015 0 41 41 13.10.2015

42 15/0875 1789760 94 Westgrove


Kenneth John Curtis

Outbuildings (Shed) 07/09/2015 20 14 34 12.10.2015

43 15/0876 694200 71-73 Old Hume

Highway Braemar NSW 2575

Feldkirchen Pty Limited

Demolition of industrial shed 07/09/2015 0 34 34 12.10.2015

44 15/0877 620500 3 Hercules Close Moss Vale NSW

2577 AK Carr-Boyd


Dwelling 07/09/2015 0 30 30 8.10.2015

45 15/0878 1738200 341 Old Argyle


E & C Carter New Dwelling 07/09/2015 0 35 35 13.10.2015

46 15/0886 1509900

870 Tugalong Road

Canyonleigh NSW 2577

Sean Quigley Outbuildings (Storage Shed) 08/09/2015 0 33 33 12.10.2015

47 15/0889 1030000 21 Nerang Street Burradoo NSW

2576 J & E Mungall Patio 09/09/2015 29 7 36 16.10.2015

48 15/0890 1699865

6/310-318 Bong Bong Street Bowral NSW

2576

F, H & R Scarcella

Continued use (Shade Structure) 09/09/2015 0 34 34 14.10.2015

49 15/0894 772300 1239 Kangaloon Road Kangaloon

NSW 2576 G & R Colvin Outbuildings

(Shed) 10/09/2015 0 32 32 13.10.2015

50 15/0900 1702121 4 Elms Place

Balmoral NSW 2571

Craig Anthony Harris


Dwelling 14/09/2015 0 38 38 23.10.2015

51 15/0903 369300 19 Clearview Street Bowral

NSW 2576

Steven Ashley Foster


Dwelling 14/09/2015 1 29 30 15.10.2015

52 15/0907 1704571 26 Leopold Street Mittagong NSW

2575

Harrob2 Pty Ltd


Dwelling 15/09/2015 0 35 35 21.10.2015

53 15/0908 1771400 1 Argyle Street Berrima NSW

2577

Hugh Ronald Farrimond

Sewer Main Extension 16/09/2015 0 34 34 20.10.2015

54 15/0910 1778650 3 Bold Street Renwick NSW

2575 Katelyn Wills New Dwelling 17/09/2015 0 25 25 13.10.2015

55 15/0914 186100 7 Birch Park Road Bundanoon NSW

2578 Thomas White Outbuildings

(Work Shed) 18/09/2015 0 23 23 12.10.2015




Page | 143


No


Desc

Property Owners

Description Date

Lodged

Stop Clock' Days

Assessment Days


Date Finalised

56 15/0915 1782920 7 Cupitt Street Renwick NSW

2575 MR Abboud New Dwelling 17/09/2015 0 25 25 13.10.2015

57 15/0923 1782910 9 Cupitt Street Renwick NSW

2575 P & M Cappa New Dwelling 18/09/2015 0 25 25 13.10.2015

58 15/0928 1248400

Church & Community

Activity Centre 18 Spring Street Moss Vale NSW

2577

Connect Christian Church

Food Swap / Local Growers Market

& Festival 18/09/2015 0 30 30 19.10.2015

59 15/0929 1786260 Westgrove Road Exeter NSW 2579

Colin Charles Gordon Sanders

New Dwelling 18/09/2015 0 27 27 16.10.2015

60 15/0930 1784540 25 Rockleigh


Craig Humphries New Dwelling 21/09/2015 0 22 22 13.10.2015

61 15/0940 821600

Roberton Park 80 Tourist Road Glenquarry NSW

2576

E & B Bateman Single Burial Site 23/09/2015 0 15 15 8.10.2015

62 15/0944 1794040

27 Viewland Street

Bundanoon NSW 2578

J & G Longton New Dwelling 24/09/2015 0 27 27 21.10.2015

63 15/0962 1720220 35 Ascot Road Bowral NSW

2576

Toni Sandeman


Dwelling 29/09/2015 0 19 19 19.10.2015

64 06/1045.04 1597600

Meadow View 375 Wildes

Meadow Road Wildes Meadow

NSW 2577

S Hogwood & Y Schie

Sec 96 - Alterations & Additions to Dwelling &

Double Garage & Studio

26/08/2015 39 7 46 12.10.2015

65 06/1305.04 585700 27 Links Road

Burradoo NSW 2576

M Gleeson-White

Section 96 Modification - Stage 2 of 5 lot

Subdivision

11/08/2015 45 6 51 2.10.2015

66 07/0507.02 1706984

102 Wombeyan Caves Road

Woodlands NSW 2575

Soldatic

Section 96 Modification 2 Storey Dwelling

Studio

08/10/2015 0 22 22 8.10.2015

67 09/0881.02 1756270

Ringwood Lane Exeter NSW 2579

AA Barnes Section 96

Modification - Subdivision

17/08/2015 0 44 44 1.10.2015

68 10/1227.03 326100

5 Casuarina Street Hill Top

NSW 2575

Peter John Rowen


Dwelling

08/10/2015 0 8 8 16.10.2015




Page | 144


No


Desc

Property Owners

Description Date

Lodged

Stop Clock' Days

Assessment Days


Date Finalised

69 12/0208.03 77400 35 Arthur Street Mittagong NSW

2575

Robert John Fairley



21/08/2015 0 51 51 12.10.2015

70 12/0536.02 1740600

Henley Brae Brewster Street Mittagong NSW

2575

The Churches Of Christ

Property Trust


Eleven (11) additional single storey villas and associated works

07/07/2015 0 104 104 20.10.2015

71 12/1053.02 501100 11 Elsworth

Avenue Balaclava NSW 2575

Sandra Corinne Lewis



08/10/2015 0 22 22 8.10.2015

72 13/0516.03 386400 58-60 Colo Road Colo Vale NSW

2575 W & Coulter


Two (2) Lot Subdivision

01/10/2015 0 7 7 9.10.2015

REFUSED/WITHDRAWN/CANCELLED

Application

ID Property No:

Property

Address and

Legal

Description

Property

Owners Description Decision

Date

Lodged

Date

Finalised

1 15/0081 1776670

The Manning 18

Kangaloon Road

Bowral NSW

2576

DH MB Pty Ltd

Construction of a 25

unit multi dwelling

development REFUSED 11.2.2015 15.10.2015

ATTACHMENTS





Page | 145

13.2 Development Applications Received 1.10.2015 - 25.10.2015

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

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

and special areas are protected

PURPOSE This report provides a list of development applications which have been received between 1 October 2015 and 25 October 2015, some of which have been dealt with under delegated authority.

RECOMMENDATION THAT the information relating to the List of Development Applications received Nos 1 to 88 be received and noted.

Application ID Property No Property Address &

Legal Description Property Owners

Development Description

Date Created Council Delegation Weekly Circular

1 15/0968.01 241804 10 Dalton Street

Mittagong NSW 2575 Lot 18 Sect 45 DP1374

J & K Atkinson Alterations and Additions to Dwelling 01/10/2015

2 15/0967 1321400 Tandara 5821 Illawarra

Highway Avoca NSW 2577 Lot 3 DP246960

W & L Burmester Outbuildings (Garage) 01/10/2015

*

3 15/0430 907100 Pylara 226 Drapers

Road Colo Vale NSW 2575 Lot 6 DP243383

G Cole Alterations and Additions to Dwelling 01/10/2015

*

4 13/0516.03 386400 58-60 Colo Road Colo Vale NSW 2575 Lot 11

Sec 7 DP2389 W & D Coulter

Section 96 Modification - Two (2)

Lot Subdivision 01/10/2015

*

5 15/0968 241804 10 Dalton Street

Mittagong NSW 2575 Lot 18 Sec 46 DP1374

J & K Atkinson Alterations and Additions to Dwelling 01/10/2015

6 15/0430.01 907100 Pylara 226 Drapers

Road Colo Vale NSW 2575 Lot 6 DP243383

G Cole Alterations and Additions to Dwelling 01/10/2015

*

7 15/0970 1667000 819 Wombeyan Caves Road High Range NSW 2575 Lot 2 DP789043

P & C Evison Dual Occupancy 01/10/2015

*

8 15/0971 1755990 15 Gordon Road Bowral

NSW 2576 Lot D DP27445

Magicgrove Pty Ltd Dual Occupancy Demolition and

Subdivision 01/10/2015

9 15/0972 1759540 Jensens Lane Exeter

NSW 2579 Lot 7, 8 & 9 DP877792

Greig Mayben Campbell 9 Lot Subdivision 01/10/2015




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10 15/0969 1739840 49 Eridge Park Road

Burradoo NSW 2576 Lot 10 DP1063603

Ben Joshua Olofsen

Outbuildings (Garage)

01/10/2015

11 15/0965 1574700 9 Wattle Street Colo Vale NSW 2575 Lot 5

Sec 16 DP2944 Ryan Fletcher New Dwelling 01/10/2015

12 14/1315.05 1761070 Clover Hill 95 McEvilly Road Robertson NSW 2577 Lot 1 DP1010391

R & M Snowden

Section 96 Modification –Alterations and

Additions

02/10/2015

13 13/1107.03 1707704

1/291-297 Bong Bong Street Bowral NSW 2576 Lots 7 & 9 S/P

58239

Capma Pty Ltd Section 96

Modification – Existing Building

02/10/2015

14 15/0974 1688800 52-54 Yean Street


Marlene Ruth Donald

Three (3) Lot Subdivision 02/10/2015

15 15/0975 1769990 5 Mary Street

Mittagong NSW 2575 Lot 1 DP795590

Nolan Gruesser Two Staged Five (5) Lot Subdivision 02/10/2015

16 15/0973 1712660 21 Dale Street

Burrawang NSW 2577 Lot 102 DP807290

Vassallo Group Pty Ltd New Dwelling 02/10/2015

17 15/0980 1787950 5 Drapers Road Willow Vale NSW 2575 Lot 20

DP1192192

Robert Harrison Gee Outbuildings (Garage) 02/10/2015

18 15/0978 1786640 Sackville Street Hill Top

NSW 2575 Lot 3 DP1189861

B & T Latta New Dwelling 02/10/2015

19 15/0982 1754420 14 Larkin Close

Bundanoon NSW 2578 Lot 33 DP1102297

Kenneth Victor Longshaw Shed 02/10/2015

20 15/0981 1702113

Miranda Park 254 Centennial Road Bowral

NSW 2576 Lot 1 DP126196

Windbelt Pty Ltd Alterations and

Additions to Commercial & Shed

02/10/2015

21 15/0985 1754460 14 Greasons Road


Fletcher Graeme Gentles Swimming Pool 06/10/2015

*

22 15/0987 730700 5 Vandenberg Road

Robertson NSW 2577 Lot 874 DP561950

R & M Hayes Alterations and Additions to Dwelling 06/10/2015

23 15/0986 1760510 506 Medway Road

Medway NSW 2577 Lot 15 Sec 1 DP758665

J Suro Alterations and Additions to Dwelling 06/10/2015

24 15/0988 1153300

14-16 Parkes Road Moss Vale NSW 2577

Lot 1 DP155417 & Lot Y DP163904

S O’Dwyer Offices - storage units 06/10/2015

25 10/1227.04 326100 5 Casuarina Street Hill Top NSW 2575 Lot 5

DP1151729 Peter John Rowen Section 96

Modification - CC 07/10/2015

26 15/0990 979000

Rosemary 520 Moss Vale Road Burradoo

NSW 2576 Lot 1 DP732651

M & A Lang Alterations and Additions to Dwelling 07/10/2015




Page | 147





27 15/0991 1736900 4 Hoddle Lane

Robertson NSW 2577 Lot 5 Sec 11 DP758882

Irrigation Industries Pty Ltd New Dwelling 07/10/2015

*

28 15/0984 128600 Public Reserve Beavan

Place Bowral NSW 2576 Lot 8 DP241836

Wingecarribee Shire Council Two (2) Lot Subdivision 07/10/2015

29 15/0992 357600 22-24 Church Road

Moss Vale NSW 2577 Lot 12 DP789318

Tipglen Pty Ltd Dual Occupancy 07/10/2015

30 14/0495.02 1596600

453 Wildes Meadow Road Wildes Meadow NSW 2577 Lots 1 & 2

DP998152

G Barr Section 96 Modification 08/10/2015

31 15/0495.01 1794560 1323 Old South Road Bowral NSW 2576 Lot

222 DP 1206897

Midas Properties Pty Ltd & Mr J O

Fairfax

Section 96 Modification 08/10/2015

32 10/1227.03 326100 5 Casuarina Street Hill Top NSW 2575 Lot 5

DP1151729 Peter John Rowen Section 96

Modification - Dwelling 08/10/2015

*

33 15/0993 1723180 590 Nowra Road Moss Vale NSW 2577 Lot 11

DP1024662

Rowland James Robinson Long Outbuildings (Garage) 08/10/2015

34 15/0994 669900 205 Old Hume Highway Mittagong NSW 2575 Lot 100 DP1102159

The Trust Company (Australia) Ltd

Place of Public Entertainment (Drive In Cinema) Highlands

Hub

08/10/2015

35 15/0995 1759610 81 Camden Street

Wingello NSW 2579 Lot 8 DP1117343

Amanda Therese Hulm Outbuildings (Garage) 08/10/2015

36 07/0507.02 1706984 102 Wombeyan Caves Road Woodlands NSW 2575 Lot 4 DP883140

M J Higgins & Associates Pty Ltd

Section 96 Modification 2 Storey

Dwelling Studio 08/10/2015

*

37 15/0996 157000 10 Ben Nevis Circuit


N & J Tomlinson Outbuildings (Garage) 08/10/2015

38 12/1053.02 501100 11 Elsworth Avenue

Balaclava NSW 2575 Lot 12 Sec 4 DP841

Sandra Corinne Lewis


*

39 15/0997 1759470 126 Old Hume Highway Yerrinbool NSW 2575

Lot 19 DP11780 Oliver Bowers Davis Outbuildings (Shed) 09/10/2015

40 14/0781.01 1793040

57 Hoddle Street Burrawang NSW 2577

Lots 13 & 14 Sec 2 DP2660

JE Moule Section 96 Modification 09/10/2015

41 15/0720.04 1782820 21 Cupitt Street

Renwick NSW 2575 Lot 204 DP1174912

Minister For Community

Services


*

42 15/0999 1784940 26A Rosenthal Avenue Bundanoon NSW 2578

Lot B DP386789 CAZ Glasson New Dwelling 12/10/2015

43 15/1001 822200 300 Kirkland Road East Kangaloon NSW 2576

Lot 2 DP791235 M & S Yabsley Outbuildings (Pergola) 12/10/2015

44 15/1000 1741420 51 Widgee-Waa Lane Kangaloon NSW 2576

Lot 21 DP1067852 Paddy Moylan Outbuildings (Inground

Swimming Pool) 12/10/2015

*




Page | 148





45 15/1002 1132000 390 Oxleys Hill Road Bowral NSW 2576 Lot 1 DP589986

M&A Creig Dual Occupancy 12/10/2015

46 15/0998 1078000 91 Aylmerton Road

Aylmerton NSW 2575 Lot 2 DP749039

Iceberg Asia Limited New Dwelling 12/10/2015

47 15/1003 1703645 290 Old South Road

Alpine NSW 2575 Lot 881 DP997395

Iceberg Asia Limited New Dwelling 12/10/2015

48 15/1005 1205500 23 Purcell Street Bowral

NSW 2576 Lot A DP403717

Joer Pty Ltd

Demolition of existing dwelling, tree removal and construction of a

four multi dwelling development

12/10/2015

49 15/1011 1461000 1 Ranelagh Street


Jill Robyne Taylor Continued Use 13/10/2015

*

50 15/0682.03 1759250 2442 Canyonleigh Road Canyonleigh NSW 2577

Lot 10 DP806293

David James Quartermaine


*

51 15/0575.03 1789220 21A Leopold Street

Mittagong NSW 2575 Lot 1 DP806402

B Barham & R Lyons New Dwelling 13/10/2015

*

52 15/1009 1701561 74 Yarrawa Road Moss

Vale NSW 2577 Lot 12 DP790612

PT Multari & C bowman

Alterations and Additions to Dwelling 13/10/2015

53 15/0608.04 1782270 13-15 Fitzroy Street Hill

Top NSW 2575 Lot 47 DP1176403

Anna-Maree Docherty


*

54 15/0425.02 1780810 Webb Street Mittagong

NSW 2575 Lot 4 DP1174965

Bill Scott Section 96 Modification 13/10/2015

*

56 15/1007 1733070 15 Belmore Street Bowral NSW 2576

Lot 12 Sec E DP2630 P Buckland Outbuildings (New

Carport) 13/10/2015

57 15/1006 630900

25-27 Hoddle Street Burrawang NSW 2577 Lot 10 DP1992 & Lot A

DP388182

Impak Australia Pty Ltd

Alterations and Additions to Dwelling

and Demolition 13/10/2015

58 14/0393.04 1776670

The Manning 18 Kangaloon Road Bowral

NSW 2576 Lot 84 DP1163241

DH MB Pty Ltd C/- Landteam

Australia Pty Ltd Two (2) Lot Subdivision 14/10/2015

59 15/1015 1763580 43A Robertson Road Moss Vale NSW 2577

Lot 2 DP1126534 Lee McGuinness New Dwelling 14/10/2015

60 15/1016 1388500 10 Sullivan Road


MJ Williams Outbuildings (Garage) 14/10/2015

*

61 14/1072.03 1789510 52 Caalong Street


BA Creeke

Construction of a dwelling and a

detached extension and removal of three

trees

14/10/2015

*

62 14/0718.04 1792620

53-55 Lawn Avenue Robertson NSW 2577

Part Lots 38 & 39 Sec 2 DP12742

Antonio Bazzano 82A Review – New Dwelling 14/10/2015

*




Page | 149





63 15/1018 1534400 30 Vandenberg Road Robertson NSW 2577

Lot 101 DP706522 I & J Dias New Dwelling 15/10/2015

64 15/1019 1752790 1 Hanrahan Place


L Rogers New Dwelling, Garage & Workshop 15/10/2015

65 14/0483.01 104900 20 Balaclava Street

Balaclava NSW 2575 Lot 6 Sec 12 DP841

S Dempster Section 96 Modification 15/10/2015

*

66 15/1021 1455100 5820 Illawarra Highway Avoca NSW 2577 Lot 2

DP565723

Trent Andrew Lee Wilson New Dwelling 16/10/2015

67 15/1022 1729130 Douglas Road Moss


Plastek Pty Ltd Storage Facilities 16/10/2015

68 15/1024 1742090 181 Horderns Road

Bowral NSW 2576 Lot 2 DP264034

Pluteus No. 216 Pty Ltd

Outbuildings (Farm Shed) 19/10/2015

69 15/1023 1724730 9 Orchard Road Bowral

NSW 2576 Lot 4 DP1036049

F G Cassar New Dwelling 19/10/2015

70 15/1025 385300 326 Colo Road Colo


Luke Max Mckinley Matthews New Dwelling 19/10/2015

71 15/1026 775100 460 Kangaloon Road


Bong Bong Picnic Race Club Ltd

Use of Site for Occasional Events 20/10/2015

72 15/1020 1359100 15 Spencer Street Moss

Vale NSW 2577 Lot F DP25085

Mark Robertson Outbuildings - Garage 20/10/2015

73 15/1027 774539 43 Boardman Road


Gregory John Taylor Patio Awning 20/10/2015

74 15/1028 490300 486 Ellsmore Road

Exeter NSW 2579 Lot 12 DP611530

K A Hassos

Demolition of existing dwelling , construction New Dwelling, Garage

and Pool

20/10/2015

75 15/1029 1518100 2261 Tugalong Road

Canyonleigh NSW 2577 Lot 1 DP601372

Omni Executive Pty Ltd

Alterations and

Additions to existing building to create

short term accommodation for

educational facility and training.

20/10/2015

76 15/1031 1703440

20 Robinia Drive Bowral

NSW 2576 Lot 494 DP847174

Sarah Louise Jackson

Outbuildings - Swimming Pool 21/10/2015

77 15/1032 924600

90 Taylor Avenue New Berrima NSW 2577 Lot

281 DP15995

K J Eldridge New Dwelling 21/10/2015

78 15/0166.02 93700

13 Ascot Road Bowral

NSW 2576 Lot 13 DP10271

Saroj Nalini Naidu Section 96 – Subdivision 21/10/2015




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79 15/1033 37700 6-8 Appenine Road

Yerrinbool NSW 2575 Lot 230 DP9882

DB Eagles & K Fury

Remove Existing garage and 2 trees and construction of a metal shed & stone retaining

wall for storage and hobby workspace

22/10/2015

80 15/1030 1733950 4 Blackwood Place


Cameron Charles Sherrington Shed 22/10/2015

81 15/1036 1727530 12-14 Hillside Close

Mittagong NSW 2575 Lots 9 & 10 DP861292

David Eric Morris Outbuildings - Car Shelter 22/10/2015

82 15/1037 1592002 4 Westminster Place


Troy Anthony Ingrey Deck 22/10/2015

83 15/1039 1703218 1720 Kangaloon Road Kangaloon NSW 2576

Lot 2 DP845922

Penelope Jane Simons

Civil Works Earthworks Drainage 23/10/2015

84 15/1041 1704589 74 Jacks Valley Road

Joadja NSW 2575 Lot 12 DP858859

Dale Clayton Marshall Barn 23/10/2015

85 15/1042 1755620

Hereford 280 Kangaloon Road Bowral

NSW 2576 Lot 320 DP1104244

Martin John Wood Civil Works Earthworks Drainage 23/10/2015

86 04/0411.03 998100

3 Hurlingham Avenue Burradoo NSW 2576 Lot

1 DP240418 & Lot 10 DP617922

K & P Levett

Section 96 Modification - Change in Architectural Style

and 2 additional dwellings

23/10/2015

87 15/1038 1206001

3 Purcell Street Bowral NSW 2576 Lot 1 & 2

DP25888, Lot 5 DP251483, Lot 3

DP798446 plus 2 more

W & J Brown Proposal to

Construct 10 Townhouses

23/10/2015

88 15/1043 636300 25-29 Holly Road


Civil Development Solutions

Three (3) lot subdivision 23/10/2015

* Denotes Applications that have been approved during the period 1 October to

5 November 2015




Page | 151

ATTACHMENTS





Page | 152

13.3 Wingecarribee Community Assistance Scheme Guidelines 2016

Reference: 1800/56 Report Author: Community Development Coordinator Authoriser: Group Manager Corporate & Community Link to Corporate Plan: Encourage and implement activities that strengthen

community spirit

PURPOSE To approve the proposed amendments to the Wingecarribee Community Assistance Scheme Guidelines for the 2016 Round and endorse the timeframes for the submission of applications.

RECOMMENDATION 1. THAT the amended Wingecarribee Community Assistance Scheme Guidelines

be approved for the 2016 Round of the Scheme. 2. THAT the Wingecarribee Community Assistance Scheme Round opens between

Monday 22 February 2016 at 9.00am and Thursday 31 March 2016 at 5.00pm.

REPORT

BACKGROUND

Council’s Wingecarribee Community Assistance Scheme awards funding to local non-profit organisations for the purpose of implementing and improving community based projects within the Shire.

The scheme opens between February and March each year. The Guidelines for the scheme are reviewed and updated each year to ensure they reflect the needs of the community.

REPORT

In August this year the Wingecarribee Community Assistance Scheme Working Group met to discuss the guidelines for 2016. At this meeting the group decided to increase the amount of the standard donation from $500 to $600 and to add wording to ensure community funds are not being spent on the infrastructure costs of private facilities.

Namely this included the addition of the following ineligible projects:

Ineligible - Capital works or facility upgrades on churches or places of worship.

However, the working group confirmed it still would support community activities and programs that are provided by religious organisations and groups and so the additional wording was also added to the eligibility criteria:




Page | 153

Eligible - Projects that relate to resourcing programs run by religious organisations that can demonstrate broad community benefit

This wording has been updated in the attached draft guidelines.

OTHER SUGGESTED CHANGES

Currently the scheme provides opportunity for Council bush care groups to apply for funding to install permanent fixtures to Council managed community land for the benefit of the community. Previously, items that have been successfully applied for include outdoor seating, information signs and picnic tables.

However, the current guidelines exclude Council’s 355 Management Committees from applying for items such as these on community land as these committees are not permitted to apply for permanent fixtures. This has presented a problem for the outdoor recreation committees as items such as seating, BBQs, signs and fencing are ineligible.

Therefore it is proposed that the current guidelines which read:

3.10 Council 355 Committees can only apply for projects which involve equipment, events, training and other activities which DO NOT involve maintenance, upgrades or permanent fixtures.

Be amended to include the following wording:

“…with the exception of seating, fencing, BBQ’s and signage for which a community benefit is demonstrated and the project has Council support”

PROPOSED DATES FOR 2016

The proposed dates detailed in the amended guidelines are for the scheme to open on Monday 22 February 2016 at 9.00am and close on Thursday 31 March 2016 at 5.00pm

The awards ceremony for successful applicants will continue to be held during Local Government Week 2016.


The following report is in line with Fit for the Future as it provides recommendations that will further enhance Council owned community recreation spaces and ensures that valuable community monies are channelled towards areas of most need.

CONSULTATION


Nil


The report has been discussed with relevant internal staff and is based on recommendations from the Wingecarribee Community Assistance Working Group.


The proposals within this report have been developed using feedback from the community in regard to the Community Assistance Scheme over a number of years.




Page | 154


Environment


Social

The recommended changes to the Guidelines will provide further opportunities for social engagement through supporting community based programmes and small infrastructure projects for the benefit of the community.



Culture


Governance



There are no additional budget implications associated with this report.


Wingecarribee 2031+ – The objective of the Wingecarribee Community Assistance Scheme is to further this commitment to the Community Strategic Plan – Wingecarribee 2031+ through the distribution of funds to local non-profit community (incorporated) organisations to assist in the development and provision of cultural, sporting, welfare, health promotion, leisure, environmental and community development programs, activities and events.

OPTIONS


Option 1

Adopt the Wingecarribee Community Assistance Scheme Guidelines with the proposed amendments and endorse the proposed dates for 2016.

Option 2

Adopt the Wingecarribee Community Assistance Scheme Guidelines without the proposed amendments or proposed dates.





Page | 155

CONCLUSION

ATTACHMENTS

1. Wingecarribee Community Assistance Scheme Guidelines Mark Pepping Deputy General Manager Corporate, Strategy & Development Services Friday 6 November 2015


13.3 Wingecarribee Community Assistance Scheme Guidelines 2016 ATTACHMENT 1 Wingecarribee Community Assistance Scheme

Guidelines

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Guidelines

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Guidelines

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Guidelines

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Guidelines

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Guidelines

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Guidelines

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Guidelines

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Guidelines

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COMMITTEE REPORTS

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COUNCIL MATTERS

18 COMMITTEE REPORTS

18.1 Management and Advisory Committee Reports

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


PURPOSE This report provides the Minutes of the following Committee Meetings, copies of which will be tabled for information: 1. Bundanoon Oval & Ferndale Reserve Management Committee held on Wednesday

24 June 2015. 2. Bong Bong Common Management Committee held on Tuesday, 18 August 2015. 3. Tourist Road Oval 355 Management Committee held on Wednesday, 19 August 2015. 4. Mittagong Community Centre Management Committee Annual General Meeting held

on Thursday, 20 August 2015. 5. Mittagong Community Centre Management Committee held on Thursday, 20 August

2015. 6. Hill Top Community Centre Management Committee held on Thursday, 20 August

2015. 7. Aboriginal Community & Cultural Centre Management Committee held on Tuesday,

8 September 2015.

RECOMMENDATION THAT the information contained in the following Committee Reports be noted: 1. Bundanoon Oval & Ferndale Reserve Management Committee held on

Wednesday 24 June 2015. 2. Bong Bong Common Management Committee held on Tuesday, 18 August 2015. 3. Tourist Road Oval 355 Management Committee held on Wednesday, 19 August

2015. 4. Mittagong Community Centre Management Committee Annual General Meeting

held on Thursday, 20 August 2015. 5. Mittagong Community Centre Management Committee held on Thursday,

20 August 2015. 6. Hill Top Community Centre Management Committee held on Thursday,

20 August 2015. 7. Aboriginal Community & Cultural Centre Management Committee held on

Tuesday, 8 September 2015.



COMMITTEE REPORTS

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ATTACHMENTS




COMMITTEE REPORTS

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18.2 Minutes of the Community Development Committee held on the 1 September 2015

Reference: 107 Report Author: PA for Mayor / Administration Team Leader Authoriser: Group Manager Corporate & Community Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE This report provides the Minutes of the Community Development Committee Meeting held on Tuesday, 1 September 2015.

SUMMARY OF RECOMMENDATIONS REQUIRING COUNCIL ADOPTION CDC16/15

THAT the minutes of the Community Development Committee Meeting held on Tuesday 07 July 2015, be adopted as a correct record of the proceedings of the meeting.

CDC17/15 1. THAT the update on Committee membership be noted 2. THAT the Community Development Coordinator contact local high schools with the

view to inviting nominations for the “Young People” representative on the Community Development Committee.

CDC18/15 THAT the report on the Southern Phone Grants Scheme be noted.

CDC19/15 THAT the report on the Drug Forum (ICE in the Community) be noted.

CDC20/15 THAT the Committee support the recommendations listed within the document and that a letter of support be prepared

CDC21/15 THAT Council consider opportunities for establishing a safe pet program AND THAT Ms Deborah Barnes provide additional information to Nicole Aiken, Community Development Coordinator for listing as a future agenda item.

CDC22/15 THAT the report in relation to the Disability Action Plan be noted.

CDC23/15 THAT the Committee seek additional comment and information from the Wingecarribee Cluster Group prior to giving support to the LGNSW Position Statement.



COMMITTEE REPORTS

Page | 168

RECOMMENDATION THAT recommendations Nos CDC16/15 to CDC23/15 as detailed in the Minutes of the Community Development Committee Meeting held on Tuesday 1 September 2015 be adopted, save for any items which have budgetary implications AND THAT any item with budgetary implications and which is unfunded, be referred to the Finance Committee for consideration.

ATTACHMENTS

1. Community Development Committee Minutes, Tuesday 1 September 2015



ATTACHMENT 1 Community Development Committee Minutes, Tuesday 1 September 2015

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ATTACHMENT 1




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COMMITTEE REPORTS

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18.3 Minutes of the Economic Development and Tourism Commnittee Meeting held on Thursday, 15 October 2015

Reference: 107/24 Report Author: Administration Officer Authoriser: Group Manager Corporate & Community Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE This report provides the Minutes of the Economic Development and Tourism Committee Meeting held on Thursday, 15 October 2015.

SUMMARY OF RECOMMENDATIONS REQUIRING COUNCIL ADOPTION ED&TC 31/15 1. THAT a Working Group comprising Rina Hore, Lynn Watson, Izabella Lane, Steve

Horton and Clr Ian Scandrett be established to facilitate employment and fast track training in hospitality services in Wingecarribee Shire, as soon as possible.

2. THAT a meeting date and venue be determined and circulated to the Working Group members.

The following recommendations be noted: ED&TC 26/15 THAT Lois Green, Head Teacher, Tourism and Hospitality TAFE Illawarra, be invited to present at the next Committee meeting scheduled for 8 December. ED&TC 30/15 THAT the Committee supports the initiatives undertaken by Noel Ferguson, Manager Economic Development. ED&TC 32/15 THAT a report be presented to the next Committee meeting on the Events Strategy. ED&TC 33/15 1. THAT Bob Selden’s resignation be accepted. 2. THAT the Committee formally thank Bob for his skills, knowledge, humility and

consideration for others noting that his input into this Committee will be missed very much AND THAT a letter of appreciation be forwarded to Bob acknowledging his service on the Committee.



COMMITTEE REPORTS

Page | 185

RECOMMENDATION THAT recommendations Nos ED&TC 24/15 to ED&TC 33/15 – as detailed in the Minutes of the Economic Development and Tourism Committee Meeting held on Thursday, 15 October 2015 be adopted, save for any items which have budgetary implications AND THAT any item with budgetary implications and which is unfunded, be referred to the Finance Committee for consideration.

ATTACHMENTS

1. Minutes of the Economic Development and Tourism Committee Meeting held on Thursday, 15 October 2015



ATTACHMENT 1 Minutes of the Economic Development and Tourism Committee Meeting held on Thursday, 15 October 2015

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ATTACHMENT 1




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COMMITTEE REPORTS

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18.4 Minutes of the Environment and Sustainability Committee Meeting held on Wednesday, 21 October 2015

Reference: 107/25 Report Author: Natural Resource Project Coordinator Authoriser: Manager Environment & Sustainability Link to Corporate Plan: Conserve the key natural resources of the Shire water

catchments, arable land, key wildlife corridors, vegetation and scenic landscapes

PURPOSE This report provides the Minutes of the Environment and Sustainability Committee Meeting held on Wednesday, 21 October 2015.

SUMMARY OF RECOMMENDATIONS REQUIRING COUNCIL ADOPTION

ES 24/15: Council Special Rate Variation Application 1. THAT if the Special Rate Variation is successful, the Environmental Levy component

continues to be itemised as a separate rate and administered as such to give clear transparency and to reflect the expectations of the community.

2. THAT this recommendation be considered as part of the deliberations for the Special Rate Variation.

There are two recommendations that should be noted by Council: ES 22/15: Levy Budget and Expenditure Update THAT the Environment Levy expenditure update for the period of July 2015 to October 2015 be noted and considered by the committee. ES 23/15: First Consideration of Draft Budget and Levy Program for 2016 Financial Year THAT the draft 2016/2017 Environment Levy Program be noted.

RECOMMENDATION THAT recommendations Nos ES 21/15 to ES 24/15 – as detailed in the Minutes of the Environment and Sustainability Committee Meeting held on Wednesday, 21 October 2015 be adopted, save for any items which have budgetary implications AND THAT any item with budgetary implications and which is unfunded, be referred to the Finance Committee for consideration.

ATTACHMENTS

1. Minutes of the Environment and Sustainability Committee held on Wednesday, 21 October 2015



ATTACHMENT 1 Minutes of the Environment and Sustainability Committee held on Wednesday, 21 October 2015

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ATTACHMENT 1




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18.5 Minutes of the Business Units Committee SRLX Meeting held on Friday, 23 October 2015

Reference: 107/40 Report Author: Organisational Support Officer Authoriser: Deputy General Manager Operations, Finance & Risk Link to Corporate Plan: Optimise our current agribusiness economy by developing

closer and mutually beneficial relationships between producers and consumers in the Southern Highlands

PURPOSE This report provides the Minutes of the Business Units Committee SRLX Meeting held on Friday, 23 October 2015.

SUMMARY OF RECOMMENDATIONS REQUIRING COUNCIL ADOPTION SRLX 29/15 1. THAT at each Committee Meeting an agenda item on Marketing/Strategy/Advertising

be included for information. 2. THAT any readily obtainable identified saleyard throughput comparison reports from

other yards be included in future reports. 3. THAT the Market Report be received and noted. 4. THAT it be noted that the current reserves are approximately $110,000 which is a very

pleasing result AND to thank staff for their contribution. SRLX 30/15 1. THAT the Committee at this stage can make no comment in relation to the Conditional

Assessment Report of the Asset until such time the Asset Management Plan is completed and a Draft Strategy be presented to the Committee with the inclusion of the Agents input.

2. THAT it be noted that the Asset Management Plan will require a Councillor Information Session for Council to determine its long-term view and strategy for the Saleyards.

3. THAT upon completion, the Conditional Assessment and Draft Asset Management Plan under strict confidence be circulated to the Committee Members

4. THAT the decision on fees and charges for 2016/17 be determined by the Committee following consideration of the Assets Strategy by the Committee.

SRLX 31/15 THAT Staff investigate all options including drought relief for needy farmers and federal assistance drought funding ads opportunities to reduce the stock pile of silage. SRLX 32/15 THAT costings be obtained for the installation of an external lift to the saleyards building AND THAT staff investigate an application to Veolia Mulwaree for supportive funding. SRLX 33/15



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THAT the Committee notes the potential opportunity for the Calwalla site and at this time Council continue with developing the Saleyard Asset Management Plan and once completed the Committee revisit the discussion on the Calwalla opportunity.

RECOMMENDATION THAT recommendations Nos SRLX 27/15 to SRLX 33/15 – as detailed in the Minutes of the Business Units Committee SRLX Meeting held on Friday, 23 October 2015 be adopted, save for any items which have budgetary implications AND THAT any item with budgetary implications and which is unfunded, be referred to the Finance Committee for consideration.

ATTACHMENTS

1. Minutes of the Business Units Committee SRLX Meeting held on Friday, 23 October 2015



ATTACHMENT 1 Minutes of the Business Units Committee SRLX Meeting held on Friday, 23 October 2015

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18.6 Minutes of the Business Units Committee RRC Meeting held on Friday, 23 October 2015

Reference: 107/40 Report Author: Organisational Support Officer Authoriser: Deputy General Manager Operations, Finance & Risk Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE This report provides the Minutes of the Business Units Committee RRC Meeting held on Friday, 23 October 2015.

SUMMARY OF RECOMMENDATIONS REQUIRING COUNCIL ADOPTION

There following recommendations be noted by Council:

RRC 19/15 THAT the Committee congratulated Michelle Green on her appointment as Coordinator Business Services AND THAT the report on the appointment of a Business Units Coordinator be received and noted. RRC 21/15 THAT the Green Waste Update report be noted AND THAT the staff be complemented on the great results achieved and the quality of the product. RRC 22/15 THAT the EPA funding report be received and noted AND THAT feedback on the trial of the green waste collection from the Northern Villages be brought back to this committee. RRC 23/15 THAT the report on Community Waste Education be received and accepted AND THAT the staff be congratulated on their efforts at this time in relation to the waste education program.

RECOMMENDATION THAT recommendations Nos RRC 17/15 to RRC 23/15 – as detailed in the Minutes of the Business Units Committee RRC Meeting held on Friday, 23 October 2015 be adopted, save for any items which have budgetary implications AND THAT any item with budgetary implications and which is unfunded, be referred to the Finance Committee for consideration.



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ATTACHMENTS

1. Minutes of the Business Units Committee RRC Meeting held on Friday, 23 October 2015



ATTACHMENT 1 Minutes of the Business Units Committee RRC Meeting held on Friday, 23 October 2015

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NOTICES OF MOTION

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20 NOTICES OF MOTION

THIS ITEM WAS DEFERRED FROM THE ORDINARY MEETING OF COUNCIL HELD ON WEDNESDAY, 28 OCTOBER 2015

20.1 Notice of Motion 50/2015 - The Southern Highlands Community Patient Support Programme and Cancer Fund

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


PURPOSE Councillor Duncan Gair has given notice that it is his intention to move the following motion at the Ordinary Meeting of Council on 11 November 2015: THAT Council make a one-off donation of $2,000 to the organisation “Rare Cancers Australia” and in particular “The Southern Highlands Community Patient Support Programme and Cancer Fund” which is being launched on Thursday, 12 November 2015 at the Milk Factory Gallery Bowral AND THAT the funds be sourced from the Contingency Fund.

RECOMMENDATION

Submitted for determination.

COMMENT FROM STAFF The current balance of the 2014/15 Contingency Fund as at 23 October is $5,397.00 and should a donation of $2,000.00 be granted the new balance will be $3,397.00



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22. CLOSED COUNCIL

MOVING INTO CLOSED SESSION

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

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

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

Section 10B

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

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

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

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

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

b. are clearly identified in the advice, and

d. are fully discussed in that advice.

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

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

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

b. the discussion of the matter may:

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

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

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

Director General’s Guidelines

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



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REPRESENTATIONS FROM THE PUBLIC At this juncture, Council will move into Closed Council to considered items listed in Closed Council Agenda.

RECOMMENDATION 1. THAT Council moves into Closed Council in accordance with the requirements

of Section 10A(2) of the Local Government Act 1993 as addressed below to consider the following reports that are confidential for the reasons specified below:

22.1 Proposed Right of Carriageway Over Council Property, 39 Station Street, Bowral

Relevant Legal Provisions This report is referred to Closed Committee in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)(c) as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and the Council considers that it would be on balance contrary to the public interest to consider this information in Open Council.

Brief description The objective of this Report is to have Council further consider its position in relation to the request for a Right of Carriageway to burden Council Property at 39 Station Street, Bowral (‘the Council property’). The Right of Carriageway is sought by the owner of 33-37 Station Street, Bowral (‘the adjoining property).

22.2 Bulk Materials Tender - Closed Report


Brief description The purpose of this report is to facilitate the evaluation of the Request for Tender for the supply of Bulk Materials for 2016 and subsequent recommendations.

22.3 Shredding Green Waste and Crushing Concrete Tender at the Resource Recovery Centre

Relevant Legal Provisions This report is referred to Closed Committee in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)(c) as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or



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proposes to conduct) business and the Council considers that it would be on balance contrary to the public interest to consider this information in Open Council.

Brief description Reporting on the evaluation of the tender for the Shredding of Green Waste received at the Resource Recovery Centre (RRC) and for the Crushing of Concrete received at the RRC.

22.4 Sale of Recycled Metal Tender


Brief description Reporting on the evaluation of the tender for the Sale of Recycled Metal Tender received at the Resource Recovery Centre (RRC).

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

Council’s resolution) be made public.

Ann Prendergast General Manager Friday 6 November 2015

Documents

Agenda of Ordinary Meeting of Council - 11 …2015/11/11 · 5 Cliff Street, Bowral Item 10.5 DA15/0715 Placement of a Variable Message Sign for the Purpose of Advertising - 11 &