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OrdinarySupplementary Agenda
11 August 2016
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OrdinarySupplementary Agenda
11 August 2016
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Council 10 August 2016
6.1 National Disaster Repair and Recovery Arrangements (NDRRA) Policy Review.................... 4
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Taylor.
8.1 Construction of supermarket and liquor store and associated car parking, signage, earthworks and 2 lot subdivision...................................................................................................................................... 9
Council 10 August 2016
Mayoral Minutes
10 August 2016
6.1 National Disaster Repair and Recovery Arrangements (NDRRA) Policy Review. 4
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Council 10 August 2016 |
Item 6.1 |
6.1. National Disaster Repair and Recovery Arrangements (NDRRA) Policy Review
Cr Britten, Mayor
Background
Council is in the process of submitting a claim under the National Disaster Repair and Recovery Arrangements (NDRRA) against the Declared State of Emergency Event of 7 June, 2016.
During deliberations with various State Government Departments, and their representatives, it has become clear that many State owned pieces of infrastructure on Crown Reserves are not either insured; an insurance claim would be rejected; or they are not covered by NDRRA protocols.
Moreover, regards the vast majority of transport assets, there is little or nil provision, incentive or capacity for Council to reduce future NDRRA claims, nor the community impacts, by properly managing affected infrastructure.
Should the ‘level of service’ required (to reinstate asset) be greater than ‘pre-event’, the NDRRA process will only recompense Council based a pro-rata value. This will be calculated by using the last service intervention time divided by the programmed rate of intervention (e.g. Last time gravel re-sheeting was completed divided by gravel re-sheeting schedule). This places Council in an extremely difficult situation, as some assets can ‘sit’ at the same intervention level for many years; not needing servicing – thus making the pre-event condition largely academic in many instances. Much will depend on interpretation based on individual assessment; further placing Council at risk, as many assets cannot wait for a NDRRA based (financial) decision to be made due to risk to the public. Should urgent repairs be carried out, and those NDRRA assessments not align, Council would have potentially expended many millions of dollars without financial surety.
The impact of the current NDRRA policy, and the discharge of responsibilities for State owned (Crown) assets , will see Council unable to address future risk caused by flooding, not be able to repair Crown assets (such as Tathra Wharf), and be placed in a precarious financial situation based on uncertainty.
It is critical that a review of policy, at both the State and Federal level, regards the NDRRA and State owned assets be completed as a matter of priority.
At the Council meeting an item relating to motions for the Local Government NSW Conference is to be considered. It is proposed that a motion be presented to the conference to ensure that this important matter be addressed with urgency. A copy of the proposed motion is attached.
Attachments
1. Local Government NSW 2016 motion urgent review of the national disaster relief and recovery arrrangements
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That Council resolve to present a motion to the Local Government NSW (LGNSW) annual conference That LGNSW advocate for an urgent review of the current State and Federal Government policy and requirements with regard to the National Disaster Relief and Recovery Arrangements and particularly how they relate to State owned assets (on Crown Reserves) held in Trust by local government. Further, that LGNSW call upon the Institute of Public Works Engineering Australia (IPWEA) to partner in this approach.
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Council |
10 August 2016 |
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Item 6.1 - Attachment 1 |
Local Government NSW 2016 motion urgent review of the national disaster relief and recovery arrrangements |
Council |
10 August 2016 |
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Taylor.
8.1 Construction of supermarket and liquor store and associated car parking, signage, earthworks and 2 lot subdivision.............................................................................................. 9
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Council 10 August 2016 |
Item 8.1 |
8.1. DA No. 2015.437: Construction of supermarket and liquor store and associated car parking, signage, earthworks and 2 lot subdivision
Director Planning and Environment
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Applicant |
Milestone (AUST) Pty Limited |
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Owner |
Steelbull Pty Ltd |
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Site |
Lot 11 DP 835239, Merimbola Street, Pambula |
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Zone |
B2 Local Centre |
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Site area |
10,013m2 |
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Proposed development |
Construction of supermarket and liquor store and associated car parking, signage, earthworks and 2 lot subdivision |
In accordance with the resolution at the Council meeting held on 20 July 2016 this report provides further information regarding matters raised in the Deputations to Council meeting. In particular the report addresses the issues raised regarding the impact of the proposed fill on flood levels and includes comments from Council’s Solicitor.
The Application is recommended for approval subject to the conditions in the Draft Consent (Attachment 2).
Background
A staff report was submitted to the Council meeting held on 8 June 2016 with the following recommendation:
1. That Development Application No. 2015.437 being for the construction of a supermarket and liquor store, associated car parking, signage, earthworks and 2 lot subdivision at Lot 11 DP 835239 Merimbola Street, Pambula be approved on a deferred commencement basis subject to the draft deferred commencement Consent included as attachment 3 to this report.
2. That those persons who made a submission be advised of the Council decision.
Council resolved as follows:
1. The matter be deferred for a site visit by Councillors.
A further Council officer report was submitted to the Council meeting held on 20 July 2016 with the following recommendation:
1. That Development Application No. 2015.437 being for the construction of a supermarket and liquor store, associated car parking, signage, earthworks and 2 lot subdivision at Lot 11 DP 835239 Merimbola Street, Pambula be approved subject to the draft Consent included as attachment 2 to this report.
2. That those persons who made a submission be advised of Council’s decision.
The matter was deferred pending a further report to Council addressing issues raised in the deputations in relation to the impact of flooding inundation on adjoining properties
The Application seeks approval for the construction of a retail development comprising supermarket, liquor store and associated car parking, earthworks and signage.
The total floor area of the retail space would be approximately 920m2. The proposed building would have a maximum height of between 5.8m and 7.3m and constructed of a combination of precast panels and metal cladding.
The proposal also involves the filling of the land to RL 3.84m AHD for the footprint of the retail space. The current RL of the land is approximately 2m AHD.
A total of 37 car parking spaces would be provided with access available from both Merimbola and Bullara Streets.
A one-way service vehicle access is proposed via a separate driveway from Bullara Street which would loop around the back of the proposed building to the loading dock then enter onto Merimbola Street.
All deliveries to the development would enter Bullara Street from the Princes Highway and be serviced by a 19 metre articulated vehicle and a 12.5 metre large rigid vehicle.
The applicant seeks consent for delivery hours to be between 7am and 6pm Monday to Friday, and between 8am and 1pm weekends and Public Holidays.
The applicant seeks consent to operate the supermarket and liquor store between the hours of 7am and 10pm, seven (7) days per week.
The proposal also involves the subdivision of the land into two (2) lots. Proposed Lot B being the development lot with an area of 2,994m2 and proposed Lot A being the residue with an area of 7,019m2. The proposed service vehicle access would, in part, be located on Lot A. It is proposed to create a right of carriageway over Lot A in favour of Lot B.
The subject site has an area of 10,013m2, is located on the north eastern side of the intersection of Merimbola Street and Bullara Street, Pambula and is currently vacant.
The site is square shaped with a western frontage to Merimbola Street of 101m, a northern boundary of 101m, a southern boundary frontage to Bullara Street of 83m and an eastern boundary of 90m. The south eastern corner of the site wraps around an existing sewer pumping station, which is located on an adjoining lot (Lot 2 DP 569613). The site has a gentle fall towards Bullara Street to the south of approximately 1m to 1.5m.
The site is cleared and does not feature any significant topographical constraints. A pedestrian footpath and cycleway has been constructed along the Bullara Street frontage of the site.
The site is located on the south-eastern corner of the Pambula Town Centre. The site is adjoined by medium density residential land to the east and hardware and building supplies premises (being the Mitre 10 site) to the north. A commercial premises (being Lawrence and Hanson Electrical Wholesalers) and Council land containing a community garden, Pambula Playground and Bennett’s Lane bus stop is located on the opposite side of Merimbola Street to the west.
The Panboola Wetlands is located on the adjacent land on the southern side of Bullara Street.
A copy of the development plans is included as Attachment 1 to this report.
Two deputations were made to Council on 20 July 2016 regarding the proposed development.
Mr Rodney Brereton, resident of Pambula
The issues raised in Mr Brereton’s deputation have previously been addressed in the reports to Council of 8 June and 20 July 2016.
The issue raised at the meeting regarding liability for any damage caused to adjoining properties due to flooding inundation as a result of the proposed development is addressed below in Legal Advice and Staff Comments.
Mr Samuel Pickersgill, resident of Pambula
The issues raised in Mr Pickersgill’s deputation, regarding the impact of flooding inundation to adjoining properties, have been considered in the officer's assessment as detailed in the reports to Council of 8 June and 20 July 2016 with appropriate conditions included in the draft consent. The advice and comments below are also relevant to the concerns raised in the deputation.
Advice has been obtained from Council’s solicitor. Most relevantly:
“Council will only be liable for any damage to Neighbouring Properties if the increase in flood levels or other impacts of the filling of the Site would make Council’s decision to grant consent so unreasonable that no reasonable authority could have come to that decision. Council is unlikely to be held liable if the Study appears to be reasonably based, and concludes that the 30mm rise in flood levels is immaterial based on the floor levels of Neighbouring Properties.” and
“Assuming Council properly addresses the Study, that the Study reasonably appears to be robust, and Council properly considers the impact on Neighbouring Properties in its assessment report, it would be difficult for the Owners to be successful in such a challenge.”
It is considered that the impact on the surrounding properties from the filling of the site to be negligible. The adjoining lands have already been identified as being affected by flood waters in various events. What needs to be considered is that whether land or dwellings that were previously unaffected, become affected. This is not the case in relation to the proposed supermarket development.
The proposed development is a permissible use in the zone with Development Consent and meets the objectives of BVLEP 2013 and BVDCP 2013.
The issues raised in the deputations received have been addressed in the previous reports to Council and additional information has been supplied in this report.
The Application is recommended for approval in accordance with the conditions in the Draft Consent.
1. Locality Plan and Proposed Development Plans
2. Draft Consent Conditions
