Agenda of Council - 16 January 2013

Council 16 January 2013 Item 8.1

8.1. DA No. 2012.98: Proposed Woolworths supermarket, Montague Street, Bermagui

Group Manager Planning & Environment

Applicant	Fabcot Pty Ltd
Owner	Fabcot Pty Ltd
Site	Lots 11-15 Section 8 DP 758095, Montague Street, Bermagui
Zone	3(a) General Business
Site area	6060m²
Proposed development	Construction of a supermarket and two specialty retail tenancies (including liquor store), carparking, landscaping and associated advertising signage

Precis

Council is in receipt of a development application seeking consent for the construction of a Woolworths supermarket with two speciality retail shops (including liquor store) and associated infrastructure.

The proposal is referred to Council due to significant public interest regarding the strategic direction for Bermagui, the impacts on local infrastructure and the economic impact on the commercial centre.

The proposal is recommended for approval subject to conditions of consent.

Description of the proposal

Development consent is sought for the construction of a supermarket and associated infrastructure, comprising;

· Supermarket with a gross leasable floor area (GLFA) of 1639m² (being 1544m² of retail space plus 95m² loading dock).

· Liquor store with a gross leasable floor area of 152m²

· Speciality retail shop with a gross leasable floor area of 71m² (tenancy unknown at this time).

· Carparking area with a total of 89 spaces.

· Advertising signage, lighting and landscaping.

Customer access (vehicular and pedestrian) to the proposed development would be via Montague Street. Heavy vehicles would service the site via the Unnamed Laneway (sometimes called Lamont Lane).

An extract from the development plans is provided as Attachment 1 & 2. A full set of drawings will be available for viewing at the Council meeting.

Description of the site

The subject site comprises five allotments with frontage to Young Street, Montague Street and the Unnamed Laneway in Bermagui. The land is predominantly cleared, with some remaining exotic vegetation, including several established Canary Island Palms which formed part of the formal garden setting of the original (now demolished) dwelling house.

The site is located within the main commercial precinct, with business premises adjoining the site (separated by the Unnamed Laneway) to the north, including hotel/pub, motel, retail premises and offices.

Immediately adjoining the site to the west is a single dwelling house. The northern side of Young Street (between the subject site and Wallaga Street) is characterised by low density residential development. On the southern side of Young Street (opposite the site between Montague Street and Wallaga Street) is also characterised by low density residential development.

To the east of the site, is a combination of residential development and recreational reserve (park), with Zane Grey Caravan Park further to the east.

A locality plan is provided as Attachment 3.

Planning assessment

The proposal has been assessed in accordance with the Matters for Consideration under Section 79C of the Environmental Planning and Assessment Act 1979. Staff highlight the key issues of the proposal in this report for Council’s consideration.

A copy of the assessing officer’s Section 79C assessment will be available at the meeting.

Zoning

Bega Valley Local Environmental Plan 2002

The subject site is zoned 3(a) General Business under the provisions of the Bega Valley Local Environmental Plan 2002 (BVLEP 2002). The proposed use is defined as Shops, which is permissible with consent in the zone.

The objectives of the 3(a) zone are as follows;

(a) to encourage a high standard of commercial development, create compact business centres which service the population and visitors and facilitate the expansion of business activities in appropriate locations

(b) to set aside certain land for the provision of services required by the travelling public for the development of facilities for refreshment, accommodation, recreation and amusement,

(c) to permit non-commercial development where such development complements the intended commercial character of the locality, including dwellings attached to commercial development.

For the purpose of Clause 8(3) and 30(2) of BVLEP 2002, all the 3(a) General Business zone objectives have been considered in the assessment of the proposal and the proposed construction of a supermarket and retail shops on the subject site is considered to be consistent with those objectives.

The development would contribute to ensuring a compact business centre for Bermagui, with the proposed supermarket in the main business precinct, as an ‘in-centre’ development, which is consistent with Zone Objective (a).

The additional supermarket retail floor space would be consistent with Bermagui being identified as a Local Centre. Local Centres (being Bermagui, Merimbula/Pambula/Tura Beach and Eden) “need to provide most local needs for residents and visitors of the district essentially on a week to week basis” – Bega Valley Shire Commercial Strategy 2006.

The South Coast Regional Strategy (2006) lists Bermagui as a town, providing ‘small to medium concentrations of retail, health and other services with lower density residential. Reliant on higher-order centres for shopping and employment.’

The subject site is suitably located to facilitate the expansion of such a business in order to meet the Local Centre requirements for service provision in Bermagui.

The proposed development would provide a service to the travelling public, considering that an important part of the Bermagui economy is based on tourist trade, with 20-40% of the Bermagui Main Trade Area ‘retail spend’ being attributed to visitors and tourists – HillPDA, Peer Review, November 2012 (refer Attachment 5). The proposed land use is therefore considered to be consistent with Zone Objective (b).

For the purpose of Zone Objective (c), the proposal is a commercial development and no residential component is proposed.

Draft Bega Valley Local Environmental Plan 2012

The subject site is proposed to be zoned B2 Local Centre under the provisions of the draft Local Environmental Plan 2012. The proposed land use would be defined as Shops (under the Retail Premises group definition), which means;

Premises that sell merchandise such as groceries, personal care products, clothing, music, homewares, stationery, electrical goods or the like or that hire any such merchandise, and includes a neighbourhood shop, but does not include food and drink premises or restricted premises.

The proposed land use would be permissible in the subject zoned with development consent.

The objectives of the B2 zone are;

· To provide a range of retail, business, entertainment and community uses that service the needs of people who live in, work in and visit the local area.

· To encourage employment opportunities in accessible locations.

· To maximise public transport patronage and encourage walking and cycling.

· To enable other land uses that are complementary to and do not detract from the viability of commercial uses within the zone.

· To minimise conflict between land uses within the zone and land uses within adjoining zones.

· To strengthen the viability of the Shire’s existing business centres as places for investment, employment and cultural activity.

It is considered that the development would be consistent with the objectives of the proposed zone for the following reasons:

· The proposed supermarket would contribute to the range of businesses in Bermagui and service the needs of the local area consistent with the concept of Bermagui being a Local Centre.

· Is located within the main business precinct with suitable access for vehicles and pedestrians, is able to be serviced by public transport (with a local bus operator confirming that Montague Street could form part of the bus route to access the site), and suitable facilities for bicycle parking also provided onsite.

· The proposal would not detract from the viability of commercial uses within the zone, as discussed in detail later in this report under Economic Impacts.

· Suitable design measures have been proposed to minimise adverse impact on adjoining residential land uses, specifically suitable building design, location and articulation and the treatment of noise generating activities and equipment.

An additional permitted use has been identified for the site, as a result of a submission to the comprehensive local environmental plan exhibition by the previous owner of the land, the Illawarra Retirement Trust. At the time of exhibition of the draft LEP, the Trust made representations to Council to permit the additional use of Seniors Housing on the subject property, through inclusion of an ‘enabling clause’ in Schedule 1 of the draft LEP 2012.

Council, in its consideration of the submission, resolved to permit Seniors Housing on the subject land as an additional use.

The application currently before Council does not propose such a use of the subject site.

Issues

The assessment of the application has identified several key issues which are discussed in detail below.

Strategic direction for Bermagui

Council’s strategic direction for the township of Bermagui has been documented through the Bermagui and Wallaga Lake Structure Report 2007 (as amended 2008), the Bega Valley Commercial Strategy 2006, the South Regional Strategy 2006, the Bega Valley Land Use Planning Strategy 2008 and the draft Local Environmental Plan 2012.

The subject land has been zoned for commercial purposes since 1987 and is planned to remain so through the proposed LEP 2012 B2 Local Centre zoning.

Council has sought to maintain this area for commercial purposes to ensure that Bermagui is able to maintain a compact commercial precinct, with services being located within a reasonable walking distance to each other.

Bermagui is classified as a Local Centre under the Bega Valley Commercial Strategy 2006, with Bega identified as the Regional Centre, providing higher order goods and services. The Strategy identifies the role of the Bermagui Local Centre is to “service the weekly commercial needs of people within the Bermagui area”.

The subject site is specifically mentioned in the Commercial Strategy as being identified as the “Illawarra Retirement Trust site”. The Strategy recommends that the site zoning be reviewed in order to “facilitate a mixed commercial and seniors housing development which maximises the use of the site as a two storey development incorporating some ground floor commercial, hostel care and independent senior living”.

This review was at the request of the previous owners of the land, the Illawarra Retirement Trust, as the provisions of an amendment to the State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 prevented seniors housing in commercial zones unless the housing component was provided wholly above ground floor level.

The then owners felt that this would adversely impact on their plans to one day develop the land for the purpose of seniors housing. The Trust also more recently made a submission to Council as part of the Comprehensive Local Environmental Plan requesting that an enabling clause be inserted into the new LEP to permit seniors housing as an additional permitted land use.

The land was then sold to the current owners Fabcot in December 2011, who propose the development currently before Council.

Notwithstanding the additional use clause, the proposed use of the site for commercial purposes is consistent with the objectives of the Structure Report, the desired outcomes of the South Coast Regional Strategy 2007 (particularly in relation to economic development and employment growth) and the objectives of LEP 2002 and draft LEP 2012.

Traffic generation and parking impacts

The development design proposes its primary vehicular access from Montague Street with secondary access being proposed via the Unnamed Laneway for the purpose of service deliveries.

The applicant’s Assessment of Traffic and Parking Implications Report, prepared by Transport and Traffic Planning Associates, assesses the impact of the proposed development on the local road network.

Service vehicle route

The proposal was referred to Council’s Traffic Development Advisory Committee in May 2012. The Committee did not support the application as originally submitted, which proposed a heavy vehicle service route (for a 19 metre articulated truck) along Young Street (from Bunga Street) with a left turn into Wallaga Street and a right turn into the Unnamed Laneway. The nominated exit route from the supermarket loading dock was right onto Montague Street (from the Laneway), right onto Young Street then either left or right onto Bunga Street to leave town.

The Committee advised, in part;

If the lane option were approved, it would have an impact on upgrading the lane in its entirety, changing to one way traffic, installing no stopping or no parking signage and the impact on neighbouring residential properties, especially those whose access is from the laneway.

Other issue with the plan included the upgrade of the Lamont Lane intersection with Wallaga Street, upgrade or removal of the dish drain at the Montague Street intersection and the possible loss of on street car parking to accommodate truck swept paths. The loss of on street car parking was considered an important issue, given the nearby residential and commercial properties.

The Committee requested additional information in relation to the swept paths for Wallaga Street and Young Street.

Additional information was subsequently provided by the applicant, confirming that some onstreet parking in Wallaga Street would be required to be removed to achieve the right turn into the Laneway.

In response to this additional information, the Local Traffic Committee considered the proposal on 10 October 2012, the Minutes of which are:

the Committee’s comments sought regarding the Developer’s proposal to install “No Stopping” zones, to accommodate the necessary swept paths for their preferred access to the site. The Committee discussed that as the site is in a residential area and there are other options available for accessing the site, that the proposal would not be supported by the Committee.

The applicant was subsequently requested to reconsider the proposed heavy vehicle route and submit to Council an option that would not involve a change to existing traffic conditions and recommending the Young Street residential area be avoided.

The applicant subsequently submitted a revised detail indicating a heavy vehicle service route, which would entail a left or right from Bunga Street into the Laneway, continuing straight across Wallaga Street and into the proposed supermarket loading dock. In exiting the site, the truck would turn left into Montague Street and left into Lamont Street for the exit out of town.

This proposal was then reconsidered by the Traffic Development Advisory Committee on 7 December 2012. A copy of the TDAC minutes are provided as Attachment 4 to this report. In summary, the Committee concluded:

Whilst the Committee were concerned that truck drivers may not prefer to use the nominated service route and reiterated that the use of Young Street, with its wider road reserve and formation would be preferable from a traffic point of view, TDAC have considered the proposal put before them and conclude that the proposal would be an acceptable servicing solution provided assessing officers are satisfied that the swept paths are suitable and that pedestrian access has been considered. It was noted that suitable conditions could be placed on any consent regarding upgrading of the laneway and requiring use of the nominated service route.

From a planning perspective, it was considered desirable to avoid the use of Young Street by heavy vehicles as Young Street forms the interface between the existing commercial zone and the residential zone.

Council’s Development Engineers have assessed the information provided by the applicant in relation to swept paths for the service route, and have concluded that with minor adjustments to existing kerb and gutter and adjustments to the intersections of the Laneway/Wallaga Street and Laneway/Montague Street, service vehicles could suitably manoeuvre along the nominated route.

However, to ensure the Laneway is to a standard suitable to cater for the increase in heavy vehicle traffic, substantial upgrading works are recommended, including construction of kerb and gutter along the full length of the Laneway, construction of stormwater drainage, pavement design to accommodate heavy vehicles and associated bitumen sealing and reconstruction or protection of water and sewer mains.

Suitable conditions of consent are included in the draft consent which is provided as Attachment 7 to this report.

Parking

Development Control Plan No. 7 requires onsite parking at the rate of 1 space per 25m² of gross leasable floor area (GLFA). The proposed development has a GLFA of 1862m² which requires the provision of a minimum of 75 parking spaces.

The development proposes the provision of 89 spaces, which is therefore in excess of the DCP 7 minimum standard.

The carparking layout and design is considered to be satisfactory for the proposed development in terms of functionality, manoeuvrability and landscaping.

Pedestrian access

The TDAC recommended that Council consider the potential for pedestrian conflict within the Laneway. At present there is no formalised pedestrian footpath along the Laneway. It is not proposed to require formalised pedestrian footpath along the Laneway as it is not desirable to encourage the movement of pedestrian along this route.

An existing pedestrian footpath is provided in Wallaga Street, Young Street and Montague Street which would provide an appropriate pedestrian connection between the Lamont Street shops and the subject site.

It is considered, however, that pedestrian access within the subject site requires further consideration with additional access points for pedestrians identified and clearly marked pedestrian routes to the supermarket entrance. In this regard, a pedestrian link close to the Laneway/Montague Street corner of the subject site would be advantageous in accommodating pedestrians travelling from Lamont Street. Should development consent be granted to the proposal, a suitable condition in this regard is recommended.

[Refer draft condition 25]

Economic impacts

Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979 requires Council to consider “the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality”.

To assist assessment, officers consider the economic impact of the proposed Woolworths supermarket development in Bermagui. Hill PDA was commissioned to undertake a peer review of both the applicant’s Economic Impact Assessment, prepared by Location IQ, and that of Wakefield Planning which was commissioned by a group of concerned Bermagui residents.

It should be noted that the extent to which a consent authority can consider the economic impact of a development on existing businesses in the locality is well established in planning case law. The Hill PDA report provides the following summary of the relevant planning law context in terms of assessing economic impact;

Previous court judgements have provided some guidance on relevant issues in relation to the economic impact of retail developments.

In Fabcot Pty Ltd v Hawkesbury City Council (97) LGERA, Justice Lloyd noted “economic competition between individual trade competitors is not an environmental or planning consideration to which the economic effect described in s90(1)(d) is directed. The Trade Practices Act 1974 (Cth) and the Fair Trading Act 1987 (NSW) are the appropriate vehicles for regulating competition. Neither the Council nor this Court is concerned with the mere threat of economic competition between competing business…. It seems to me that the only relevance of the economic impact of a development is its effect ‘in the locality…”

In Kentucky Fried Chicken Pty Ltd v Gantidis (1979) 140 CLR 675 at 687 Justice Stephen noted that “if the shopping facilities presently enjoyed by a community or planned for it in the future are put in jeopardy by some proposed development, whether that jeopardy be due to physical or financial causes, and if the resultant community detriment will not be made good by the proposed development itself, that appears to me to be a consideration proper to be taken into account as a matter of town planning…. However, the mere threat of competition to existing businesses if not accompanied by a prospect of a resultant overall adverse effect upon the extent and adequacy of facilities available to the local community if the development be proceeded with, will not be a relevant town planning consideration”.

The proposed development involves the construction of a 1639m² GLFA supermarket and 223m² of speciality retail floor space. Assessing officers requested Hill PDA to analyse the proposed development and assess the impact and appropriateness of the proposal. The brief to Hill PDA required:

· A review of all relevant plans and documents including the Economic Impact Assessment complied by Location IQ for the applicant, the response to the proposal by Wakefield Planning, any other relevant development application information, the NSW Draft Centres Policy, Commercial Strategy and other State, Regional and local planning policies of relevance.

· A review of the adequateness of the defined trade area in the applicant’s Economic Impact Assessment.

· A review of the assessment of supermarket and grocery floorspace demand in the trade area.

· A review of the estimates of existing and pipeline supermarket and grocery store floorspace in the trade area.

· A review of the reasonableness of the impact assessment undertaken by the applicant.

· Consider the extent to which there is a demonstrable need for the proposed development based on need and floorspace analysis.

· Consider the extent to which the proposed development would deliver a net community benefit in terms of retail offer, price competition, convenience, travel cost savings and other quantifiable and non-quantifiable costs and benefits.

· Provide an assessment of the impact of the proposed development on existing and proposed/approved centres.

· Prepare a succinct summary of the main economic effects that the proposed development would have on Bermagui’s commercial areas and the local community including whether the proposed development is or is not suitable for the subject site.

A full copy of the Hill PDA Peer Review is provided as Attachment 5 to this report.

In undertaking the above, Hill PDA concluded that the methodology used in the applicant’s economic impact assessment to be, for the most part, reasonable and appropriate. A summary of the key findings is provided below:

· The site is desirable for commercial development given its proximity to the existing Bermagui centre (as ‘In-Centre’ development).

· The Spar Foodstore provides for only convenience or top-up shopping needs given its size and acts more like a local convenience store.

· Local centres are intended to provide for weekly shopping needs. Given the limited scale of existing grocery stores in Bermagui, the centre does not appear to fulfil this role.

· The proposed development would reduce shopping trips to centres outside the Main Trade Area, which would have positive flow-on effects for other businesses in Bermagui.

· There is a significant amount of escape expenditure from the Bermagui Main Trade Area (55-65%).

· Hill PDA confirms that there would be some impact on the existing centre but that any detrimental economic effects would be outweighed by the greater competition, price, range and convenience provided by the proposed Woolworths supermarket development.

· Hill PDA are of the opinion that Bermagui would continue to maintain a vibrant and viable town centre with the introduction of the proposed supermarket.

· The proposed development is likely to capture a significant amount of tourist trade. Bermagui is a long-stay tourist destination in that visitors tend to come and stay for at least a few days. Day-trippers are in the minority and the majority of accommodation is focused on camping, caravan parks and the rental of holiday homes. This type of tourist visitation is conducive to supermarket and grocery shopping. The proposed supermarket could help reduce the high cost of groceries in the Bermagui area, which has been noted as a concern and issue for tourists in the Sapphire Coast Visitor Profile and Satisfaction Report (June 2011) completed by Tourism Australia Research.

The extent and adequacy of facilities being provided to the community of Bermagui, to ensure the Local Centre status of the township is achieved, would not be detrimentally affected by the proposed Woolworths supermarket, and therefore refusal of the application on economic impact grounds is not warranted.

View impacts

Potential view impacts on adjoining and adjacent residential developments have been assessed in accordance with the view sharing principles outlined by the Land and Environment Court, in Tenacity Consulting v Warringah 2004. The key principles are as detailed below;

The first step is the assessment of views to be affected. Water views are valued more highly than land views. Iconic views (eg of the Opera House, the Harbour Bridge or North Head) are valued more highly than views without icons. Whole views are valued more highly than partial views, eg a water view in which the interface between land and water is visible is more valuable than one in which it is obscured.

The second step is to consider from what part of the property the views are obtained. For example the protection of views across side boundaries is more difficult than the protection of views from front and rear boundaries. In addition, whether the view is enjoyed from a standing or sitting position may also be relevant. Sitting views are more difficult to protect than standing views. The expectation to retain side views and sitting views is often unrealistic.

The third step is to assess the extent of the impact. This should be done for the whole of the property, not just for the view that is affected. The impact on views from living areas is more significant than from bedrooms or service areas (though views from kitchens are highly valued because people spend so much time in them). The impact may be assessed quantitatively, but in many cases this can be meaningless. For example, it is unhelpful to say that the view loss is 20% if it includes one of the sails of the Opera House. It is usually more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating.

The fourth step is to assess the reasonableness of the proposal that is causing the impact. A development that complies with all planning controls would be considered more reasonable than one that breaches them. Where an impact on views arises as a result of non-compliance with one or more planning controls, even a moderate impact may be considered unreasonable. With a complying proposal, the question should be asked whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbours. If the answer to that question is no, then the view impact of a complying development would probably be considered acceptable and the view sharing reasonable.

The view impact assessment was undertaken through inspections of the site, analysing digital photos and was assisted by the erection of height poles to provide a visual reference for the proposed development.

Height poles were erected to demonstrate the maximum height of the proposed development (being the loading dock area) and the three main roof points along the proposed Young Street building façade. This gave an accurate indication of both the setback (positioning) and the maximum height of the proposed building. With the height poles in place, the assessing officer visited a variety of vantage points in the public domain and also from balconies and living/dining rooms of private residences.

The views experienced in the vicinity of the development were to the Bermagui River estuary, to the headland, to Horseshoe Bay, general ocean/water views, views to the distant beach and then to Gulaga (Mt Dromedary) in the distance. The view to Gulaga is considered to be iconic to the far south coast and indeed an important landmark for the Wilderness Coast.

The results were that some nearby residences would be moderately affected by the proposed development in terms of view impact (for example, 12 and 14 Young Street), whilst 11 Young Street was considered to be the most affected, with a severe category. (Note: 11-19 Young Street currently comprise residential dwellings but are within the commercial zone).

Having established the likely view impact, the reasonableness test was applied. The following were identified as key considerations in this regard. The proposed supermarket building would be excavated into the site, reducing its bulk and scale and maximum height. The proposed building height complies with the 10 metre maximum set by LEP 2002 and draft LEP 2012. The most severe view impact (from 11 Young Street) is generally over a side boundary. Views to the most iconic landmark (Gulaga) are maintained.

Whilst the proposed development would have an impact on views enjoyed from adjoining and adjacent residential buildings, the design and placement of the building on the site is considered to be reasonable in terms of minimising impact and is consistent with the established principles of view sharing.

Visual amenity, design and streetscape character

The Bega Valley Land Use Planning Strategy 2008 includes the following statement in relation to Bermagui - “the setting of Bermagui within the world class “Gulaga” landscape warrants careful design attention to re-developments in the town to ensure the integrity of this landscape is preserved”.

The streetscape in the vicinity of the development site is characterised by a mix of land uses and building styles. The site is located within the commercial zone, at the rear of the existing Lamont Street shops. The site also adjoins the existing residential zone of Young Street and within the commercial zone, on the northern side of Young Street, are a number of low density residential dwellings.

There are also two heritage listed buildings in proximity to the development site, being Sorrento Lodge and the Horseshoe Bay Hotel (discussed later in Heritage Impacts).

Building materials and articulation

In terms of visual amenity and ensuring an appropriate building design which is considerate of this mixed streetscape, the applicant was requested to provide additional information;

· To minimise the visual impact of the proposed development and to reinforce the seaside village character of Bermagui, it is recommended that the design of the building incorporate a greater use of cladding and timber. Council’s Heritage Advisor has recommended that the design should reinforce the character of Bermagui through the use of a building language that is borrowed from timber wharf construction (examples being in the design of the Bermagui Fishermans Coop and the Bermagui Community Centre & Library).

· To minimise the visual impact of the bulk and scale of the south-western elevation of the proposed building, additional articulation should be provided through the use of a mix of cladding and building materials.

The applicant subsequently submitted a revised elevation design which incorporates greater use of timber cladding, and additional articulation through the use of a mix of materials (particularly on the south-western elevation).

Building height

Clause 85 of the Bega Valley Local Environmental Plan 2002 specifies a maximum building height of 10 metres is permitted for the subject site. The proposed development complies with the height limitation, with the maximum height of the building being 9.57 metres above natural ground level (at the rear loading dock area).

The building is excavated into the site so that the Young Street elevation presents as a single storey building of a suitable scale to complement the adjoining residential zone.

Advertising signage

The applicant was also requested to reconsider the height of the proposed pylon advertising sign, located on the Montague Street frontage. It was considered that the originally proposed sign was excessively high and out of character with the locality. In response, the pylon sign has been amended from 8 metres in height to 5 metres in height, which is considered to be more appropriate for this streetscape.

In discussion with neighbours, the Woolworths branding sign on the south-eastern elevation of the building is also of concern in relation to streetscape character and achieving a suitable transition to the adjoining residential zone. It is the opinion of the assessing officer that the placement of business identification signage on this south-eastern elevation is not essential for identification of the business. The pylon sign and the proposed signage on the north-eastern elevation façade would be more than adequate for the travelling public to locate and identify the building.

In this regard, the Woolworths sign on the south-eastern elevation is not supported and should be deleted.

[Refer draft condition 26]

In summary, the revised development is considered to be consistent with the relevant plans and policies, including the NSW Coastal Design Guidelines 2003 and the draft Development Control Plan 2012 and the design and location of the building (with the various revisions made during the assessment phase of the development application) would sit sympathetically with the streetscape and the broader landscape of Bermagui.

Heritage impacts

Council’s Heritage Advisor has assessed the proposed development and offered the following comments;

The proposal is to erect a supermarket and carpark in Young/Montague Streets at Bermagui, behind the existing shopping centre. Heritage issues include potential impacts on heritage places and impacts on local character.

Impacts on the Horseshoe Bay Hotel are likely to be minimal as the supermarket is located behind the hotel and is visually isolated from it.

Similarly there is unlikely to be a significant visual impact on the Sorrento Lodge as the carpark and supermarket are behind the listed structure. The heritage building presents a blank wall to the proposed development.

The major impact will be on the weatherboard cottage on the south-western boundary of the development where a large-scale wall runs the full length of the boundary, reaching a height above ground level to top of condenser unit at the Lamont Lane end of 9.570 metres, with a setback of only 2.5 metres from the boundary. The cottage has good historic character and ideally the supermarket would be set back further from the residential boundary closer to Lamont Lane. This may result in the loss of a few carparks, however more have been provided than is required. The wall should also be articulated, or its visual mass broken up in some manner eg by using rebated or proud panels, and/or varied use of material or colour.

Given the potential for residences higher up the slope to look down onto the roof of the supermarket, thought should be given to the use of darkened or muted colours on the roofing iron to reduce reflectivity and break up scale.

Bermagui is a seaside village that is seeking to reinforce its character through the use of a building language borrowed from timber wharf construction. The use of timber is also evident in the cottage immediately west of the proposal and in several early cottages around the town. Generally it could be said that Bermagui’s existing building stock has a good degree of texture and character in the use of cladding and building materials. Ideally this would be reflected in the supermarket development to help reduce the impact of its scale and help it fit more successfully into the existing local small-scale commercial and residential building stock.

The Heritage Advisor’s comments in relation to the greater use of timber and building articulation were discussed with the applicant, with revised plans being submitted as discussed earlier in this report.

In relation to the setback to the adjoining residential dwelling at 11 Young Street, the land is zoned commercial with zero setbacks permitted for commercial development. The proposed building is setback 2.5 metres from the side (western) boundary, in excess of the minimum and the adjoining dwelling is setback 9.2 metres from its respective boundary. The subject building has also been designed to achieve a 6 metre setback from the Young Street frontage to allow a suitable landscape buffer to the residential zone opposite. Moving the subject building further to the east, as suggested by the Heritage Advisor, would have additional view impacts for the properties on the southern side of Young Street.

It is considered that, on balance, the proposed development has been suitably located on the site.

Acoustic impacts

Operation of plant and equipment and delivery truck impacts

The development application was accompanied by an acoustic assessment (study) prepared by Marshall Day Acoustics. In considering the report, assessing officers identified some information gaps in the documentation and requested the applicant provide further information in relation to the following;

a. The impact of reversing alarms from delivery vehicles

b. Provision of the acoustic modelling for the AC and mechanical services. The equipment designated on the architectural plans needs to be assessed in the acoustic report.

c. Provision of an assessment of the impact of meteorology and prevailing winds.

A supplementary report was received, suitably addressing these concerns. The following provides a summary of the staff assessment.

The study has been conducted generally in accordance with the NSW Industrial Noise Policy and the intrusiveness criteria for day time, evening and night time periods have been correctly used. The background levels utilised, whilst not measured but predicted, are conservative and appropriate for Bermagui. Modelling for carpark usage, loading dock use, sleep disturbance and road noise have all been included in the study.

In relation to noise from delivery trucks, it is recommended that delivery hours should not exceed 7.00am to 6.00pm Monday to Friday and 8am to 1pm Saturday, Sunday and Public Holidays. In addition, a consent condition is recommended requiring broadband or beeper type reversing alarms to be installed on delivery vehicles in lieu of the typical tonal alarms.

[Refer draft condition 3 & 38]

In terms of assessing meteorological impacts, the study concludes that the nearest noise sensitive receivers are located in areas of close proximity to the proposal and those sites will not be influenced in terms of noise levels experienced by prevailing winds. This comment is consistent with the NSW Industrial Noise Policy.

In terms of plant and equipment, the study concludes that mechanical plant and equipment will all be roof mounted (on the loading dock). The consultant itemises this equipment based on typical Woolworths supermarket specifications, though it is noted that specific equipment selection has not been finalised. Based on the typical specifications, the study concludes that the condenser decking should be fully contained on all four sides by a 2.2 metre high solid acoustic barrier with absorptive lining. Specifications for the construction and materials for this barrier are itemised by the consultant and should be included in any consent conditions.

[Refer draft condition 39]

The modelling undertaken has been completed based on this barrier being in place and finds that there will be minor night time exceedance at 11 Young Street and 10 Lamont Street. This is considered to be only of marginal significance (1dB). The report finds night time limits will be exceeded at 12 Lamont Street (motel) but also sets mechanical plant maximum octave band sound power levels for the roof mounted mechanical services which, coupled with the 2.2m high acoustic barrier, would result in compliance with the Industrial Noise Policy.

[Refer draft condition 37]

Trading Hours

The proposed trading hours for the supermarket are nominated in the application as being 6.00am to midnight, seven days per week. No specific trading hours are nominated in relation to the proposed liquor store nor the speciality retail store.

It is unlikely, in the assessing officer’s opinion, that such extended trading hours would be warranted in the Bermagui township. Concern has been raised in submissions regarding the proposed trading hours and the associated noise impacts and activity in the general vicinity.

It is considered reasonable to limit the trading hours of the supermarket from 7.00am to 10.00pm, which is generally consistent with the trading hours for similar supermarkets in the Bega Valley.

In relation to the proposed liquor store, more restrictive trading hours are considered appropriate. In this regard, the following trading hours are proposed to be nominated in any consent, being 9.00am to 9.00pm Monday to Saturday and 10.00am to 8.00pm Sunday. This is similar to the recently approved Dan Murphy’s liquor store in Bega.

[Refer conditions 4 & 5]

Construction Hours

To ensure construction activities are undertaken at appropriate hours to minimise disturbance to adjoining properties, a suitable condition of consent is recommended limiting construction activities to the hours of 7.00am to 6.00pm Monday to Friday and 8.00am to 1.00pm on Saturday.

[Refer condition 6]

Environmental impacts

Ecologically Sustainable Development (ESD)

The development application documentation refers to Woolworth’s commitment to sustainability. The document “Woolworths ‘Do the right thing’ Sustainability Strategy 2007-2015” articulates the commitment. The company has rated climate change and water use as its top two sustainability priorities. Additionally, Woolworths nominates the importance of leadership on sustainability issues as a key corporate objective.

To deliver on Woolworth’s sustainability commitments and the objective of leadership, it is expected that the development must meet best practice in regards to greenhouse reduction and water savings. However, both the current level of commitment and information with regards to these priority areas for Woolworths and the proposed development is considered by assessing officers to be insufficient.

The applicant was requested to submit a ‘Statement of Commitments’ in relation to its proposed environmentally sustainable development initiatives for this new development. The applicant responded that Woolworths would be prepared to accept a performance condition in relation to rainwater harvesting and high energy efficient lighting.

Rainwater harvesting

It is noted that a 5000 litre rainwater tank is proposed for the site which will be linked to an irrigation system for landscaping. This measure is supported, however it is noted that the location of the rainwater tank is in a corner which will make it extremely difficult for the water to be effectively used for the purposes of landscaping throughout the site. No pumping or irrigation details/plans have been submitted to indicate the workability of such a design.

It is also noted that the 1513m² roof above the main supermarket and retail outlets is not being captured for water reuse. This would be a substandard design outcome. The current 5000 litre tank is considered to be significantly undersized and could easily be enlarged and more suitably located to effectively account for onsite detention and improved landscaping outcomes.

A suitable condition of consent is recommended in this regard, should the application be approved.

[Refer condition 32]

Passive design

Due to site constraints, it is recognised that the supermarket is limited in its orientation options. Despite this, the natural light provided by the current north easterly orientation is considered reasonable. Roof colour choice is consistent with good passive design by providing higher levels of heat reflection, however appropriate roof ventilation is not detailed and should be strongly encouraged.

It is also noted that the seating area on the eastern corner of the supermarket building has no landscaped shading. Additionally, the frontage of the supermarket/retail building also lacks landscape shading. Further consideration of these areas is recommended in the final landscape design.

[Refer condition 17]

Energy

The applicant’s commitment to install high efficiency lighting in the development is supported. This should include use throughout the building (shopping floor, store rooms, offices, ancillary retail outlets, loading area, security light, emergency light) and the external lighting areas (car park and external concourse areas).

The applicant should also be encouraged to install a range of greenhouse reduction options, including solar hot water or other suitable low energy intensive hot water system, increasing the insulation levels above the minimum Building Code of Australia standard, and the use of solar photo voltaic (PV) systems. It is noted that these systems are economically viable and well matched to the consumption patterns of commercial buildings. Additional, the Bega Valley Shire region has one of the highest penetrations of solar PV in the state (10% of households) and as such community expectation of a commitment in this area is significant.

[Refer condition 33]

Stormwater treatment

The subject site is located at the end of the catchment, and within close proximity to Horseshoe Bay/ocean. Current industry practice for On-site Stormwater Detention (OSD) at the lower end of the catchment is to have a minimal detention in order to allow stormwater flows to dissipate quickly into the catchment and therefore not exacerbate the time of concentration of upper catchment storm events.

This assists in reducing the risk of any localised flooding, as peak flows within the piped drainage system arrive at the lower end of the catchment. For this development, assessing officers have deemed that an OSD capacity of 1:2 year average recurrence interval is adequate for the site (which is less than the standard 1 in 5 year detention).

However, it is essential for pre-treatment of stormwater to occur prior to discharge into the downstream catchment. The applicant proposes a water treatment unit be installed at the north east of the site, before the onsite detention structure. The unit would filter most rubbish, sediment, total suspended solids (TSS), phosphorus and hydrocarbon from the carpark and other sources of soiled site water.

Suitable conditions of consent are recommended in relation to appropriate stormwater management.

[Refer condition 47]

Vegetation retention

During the assessment of the proposal, Council’s Tree Preservation Officer inspected the subject site to investigate the potential to salvage any of the vegetation currently at the development site.

Inspection revealed that there are some larger specimens of the Canary Island Palm (Phoenix canariensis) present on the site that would be suitable for relocation. The concept landscape plan submitted with the development application indicates that such would be relocated offsite to a third party.

It is considered, however, that these particular specimens should be investigated for relocation within the proposed landscape areas of the development, in particular along the Montague Street frontage, to complement the streetscape of this location.

The Tree Preservation Officer advises that these species are good candidates for transplanting as the root system is compact and resistant to damage that usually occurs with open rooted trees.

Should the application be approved, a suitable condition of consent is recommended requiring analysis by an arborist and inclusion into the final landscape plan, for approval at construction certificate stage.

[Refer conditions 18, 19 & 20]

Light spill impacts

Concerns has been raised in submissions in relation to the potential for neighbourhood impacts as a result of light spill, from building and carparking lighting. The proposed lighting systems would need to comply with the Australian Standard for interior lighting and road lighting (pedestrian areas) in terms of achieving an appropriate level of crime minimisation whilst ensuring appropriate shielding and direction of lighting so as not to cause annoyance to the owners or occupiers of adjoining premises or glare to motorists on adjoining or nearby roads.

[Refer condition 13 & 14]

Servicing impacts

Water pressure

The applicant’s submission indicates there may be servicing constraints in relation to water pressure in the Laneway, for fire service supply. Council’s Civil Assets Specialist, in assessing the proposal, has advised that the applicant’s comments in the Statement of Environmental Effects (SEE) in this regard are incorrect. Council’s water supply within this area is adequate for Fire Brigade requirements to the existing commercial development.

It does appear however that due to the particular fire fighting requirements of the development, the applicant would be required to provide on-site storage and/or augmentation to the water supply system to service the proposal.

All works associated with meeting the proposed development’s fire fighting requirements shall be at the developer’s expense and shall be in addition to any Section 64 (Development Servicing Plan for Water Supply) contributions and as such the request for water headworks contributions to be waived is denied.

It is noted that the required contribution has been calculated as $43,753.60 for water $33,256.96 for sewer based on Councils 2012/13 Fees and Charges.

Social impacts

Accessibility

In considering the accessibility of the proposed development, assessing officers identified that there is a lack of publicly accessible amenities within the proposed supermarket.

The applicant submits that sanitary facilities are only required for staff and the facilities as proposed satisfy the requirements of the Building Code of Australia.

The Disability (Access to Premises – Buildings) Standard does not distinguish between staff and other occupants (shoppers), only specifying that an accessible sanitary facility must be provided. Assessing officers maintain that a unisex sanitary facility must be provided for customers. It would be considered a poor planning outcome from an amenity perspective not to provide an accessible toilet with baby change facilities, given the distance to public toilet facilities from the subject site.

In this regard, a suitable condition of consent is recommended should the application be approved.

[Refer Condition 45]

Safety and security

The development application was referred to the NSW Police Service for assessment in accordance with the principles of ‘Crime Prevention Through Environmental Design’ (CPTED) in terms of surveillance, access control, territorial reinforcement and activity and space management.

Lighting

NSW Policy provided the following comments in relation to lighting of the development.

Effective lighting contributes to safety by improving visibility and deterring suspicious activity. Lighting to the carpark area during business hours should meet Australian Standard AS/NZS 1158 Lighting for Roads and Public Spaces. This should also be installed along the frontages of Young and Montague Streets where the public can access the complex by foot.

Security lighting should be installed to the building to all street frontage. This should operate during night hours to act as a deterrent to criminal activity such as malicious damage and break/enter offences.

Street lighting should also be considered for Lamont Lane. There will be additional traffic along this roadway with deliveries. In additional this may become a short cut route for pedestrian movement from other parts of Bermagui township.

Appropriate conditions of consent are recommended should the application be approved in relation to street lighting and onsite lighting. Lighting of the site would need to be appropriately designed, directed and shielded to ensure lighting is appropriate for the task whilst minimising disturbance to adjoining owners and occupiers, as detailed previously in this report.

[Refer condition 13, 14 & 15]

Pedestrian access

NSW Police reinforced in their assessment comments, Council assessing officers concerns in relation to the lack of designated pedestrian desire lines throughout the carpark, particularly from Montague Street.

Further concern was raised in relation to the potential for people to access the proposed liquor store from the Laneway by taking shortcuts through private property (from the hotel and motel). NSW Police indicate that this is not a desirable route, particularly at night as it is a visually secluded area, and suggested the erection of a fence along the northern boundary of the site.

The applicant responded in this regard, that due to the loading dock area needing to be accessible, the construction of a security fence was not feasible in this location.

It is recommended however that Closed Circuit Television (CCTV) and appropriate security lighting be installed in this rear loading dock area to maximise surveillance and visibility. Reduced trading hours, as proposed earlier in this report, would assist in this regard.

[Refer Condition 8]

Liquor licence

Concern has been raised in submissions in relation to an additional liquor outlet in Bermagui. Comments from the NSW Police in this regard were as follows;

We note the development proposal will include a liquor outlet within the facility. Police will address licencing issues through our licensing coordinator when the liquor application is made.

As part of the liquor licence application, the applicant would need to prepare and submit to the Office of Liquor Gaming and Racing (OLGR) a Community Impact Statement which would address social impacts associated with an additional liquor outlet in the community.

For the purpose of assessment of the development application, a liquor store is permissible in the zone, suitable crime prevention through environmental design provisions have been incorporated into the development and the limiting of trading hours is considered to be reasonable to minimise potential adverse social impact on the community.

Submissions

The development application was placed on exhibition from 18 April 2012 until 16 May 2012. A total of 382 submissions were received in relation to the development, 351 objecting to the proposal and 31 in support of the proposal.

A copy of all submissions will be available at the Council meeting.

The key themes extracted from the submissions were in relation to;

Traffic	Traffic generation and safety Pedestrian/cyclist safety Parking
Social Impact	Safety and security Community spirit Proximity to sensitive areas
Nuisance	Trading hours Light spill Noise impact
Economic impact	Employment Existing businesses Property owners
Environmental impact	Location of the development Runoff Pollution Heritage Design
Aesthetics	Visual impact Signage
Strategic objectives	Tourism and image of Bermagui Public transport Zoning Population Legislation and policies

The majority of these issues have been specifically addressed in the body of this report. Further comment is summarised in Attachment 6 to this report.

Where appropriate, suitable conditions of consent have been recommended to address and mitigate any adverse impacts on the environment and the public.

On balance, it is considered that the proposed development would be in the public interest and approval of the application is recommended.

conclusion

The proposed development meets the objectives of the current and proposed zone, is a permissible land use in the zone, is considered to achieve the orderly and economic use and development of land (consistent with the objects of the Environmental Planning and Assessment Act 1979) and is consistent with the strategic direction for Bermagui, being a Local Centre.

A wide range of impacts have been identified in the assessment of the application and, wherever possible, suitable mitigating measures have been identified, either through the provision of revised plans and additional information from the applicant, or through recommended appropriate consent conditions.

In considering all relevant matters under Section 79C of the Environmental Planning and Assessment Act 1979, the proposed development would be suitable for the subject site and is in the public interest. Approval of the development is recommended subject to conditions provided in the draft consent as Attachment 7 to this report.

ATTACHMENTS

1 View. Proposed development plan - Site Plan

2 View. Proposed development plan - Revised Elevations

3 View. Locality Plan

4 View. Traffic Development Advisory Committee Minutes 7 December 2012

5 View. Economic Impact Assessment Peer Review - Hill PDA

6 View. Submissions Summary

7 View. Draft Development Consent

Recommendation

1. That Development Application 2012.98 for the construction of a supermarket and two specialty retail tenancies (including liquor store), carparking, landscaping and associated advertising signage at Lots 11-15 Section 8 DP 758095, Montague Street, Bermagui be approved subject to conditions as outlined in the draft consent.

2. That those persons who made a submission be advised of Council’s decision.

Council	16 January 2013
*Item 8.1 - Attachment 6*	*Submissions Summary*

Submissions Summary and Assessing Officer comments

KEY ISSUE - TRAFFIC
ISSUE	COMMENTS FROM SUBMISSIONS	ASSESSING OFFICERS COMMENTS
Traffic generation and safety	No legal access from Lamont Street to Lamont Lane	It is noted that there is no legal pedestrian access through private properties from Lamont Street to the Unnamed Laneway. Adequate pedestrian access is provided via existing footpath facilities in Lamont St, Montague St, Young St and Wallaga St. Improved pedestrian access within the site is recommended as a condition of consent.
	No legal access from Lamont Street to Lamont Lane
	Access to Lamont Lane and the possibility of it changed to one-way access	The possibility of the Unnamed Laneway being changed to ‘one-way’ would need to be through recommendation of the Local Traffic Committee. The heavy vehicle delivery route as described and assessed in the Council Report is considered to be appropriate, subject to upgrading works within the lane.

	Lamont Lane is completely inadequate to support heavy vehicular traffic	In relation to the adequacy of the Unnamed Laneway, staff concur that the lane would require upgrading to accommodate the additional heavy vehicle traffic. Suitable conditions of consent are included in the Draft Consent.

	Size of delivery vehicles and the associated pressure on existing road infrastructure in and around Bermagui	The existing road network can suitably cater for this nominated sized vehicle subject to improvements in the Unnamed Lane and at the intersections of Bunga, Wallaga and Montague Sts.

	Potential damage to the surface and pavement of Lamont Lane caused by delivery trucks	There is potential for Lamont St to have increased wear and tear as a result of the development however heavy vehicle traffic already traverse the main street on a regular basis and Councils normal road maintenance activities address any wear and tear. It is noted however that any damage to Council assets during construction (which includes road infrastructure) would need to be repaired at the developers cost.

	Increased heavy traffic generation within Bermagui and increased additional traffic flows through quiet residential streets e.g. Montague, Corunna and Young Streets	In terms of heavy vehicles, the application has been modified to remove the need for such vehicles to use the residential streets of Young & Corunna St. The Traffic Assessment has assessed additional vehicle movements in this area of Bermagui and concludes that the existing road network can suitably cater for the increases in traffic. Council staff concur with these findings.
	Upgrade and ongoing maintenance of existing road infrastructure would pose a financial burden on existing ratepayers	All road upgrading requirements generated by this development would be at the full cost of the developer.
	Proposed trading hours and truck unloading times will cause increased amounts of traffic congestion	It is proposed as conditions of consent that delivery hours, construction hours and trading hours be limited to minimise any adverse impacts on the locality.
	The impact heavy traffic generation will have on surrounding historic bridges	It is noted that the historic bridges in the area were not the designed for heavy vehicles traffic, however there are currently no load limitation of those bridges and heavy vehicles already utilised the various roads into Bermagui. Such bridges are monitored under Councils bridge maintenance program and will continue to be put under pressure regardless of this particular development.
	Traffic lights in a small coastal town are inappropriate and unnecessary	No traffic lights are proposed or required by this development.
	No consideration has been given to existing electricity/telegraph poles and the impact on proposed routes for large delivery vehicles	Councils assessing staff have considered in their assessment to location of services including electricity. The heavy vehicle route has been modified to avoid some of these constraints and where infrastructure is impacted, the developer would be responsible for any modifications to such.
	The increase of heavy traffic generation will increased risk of traffic accidents, particularly among the young and elderly	All efforts have been undertaken to ensure a safe and workable traffic route is achievable for the subject development, with appropriate pedestrian crossings, signage and linemarking to maximise road user safety.
	Increased heavy traffic generation causing safety concerns for children and pedestrian network	All efforts have been made to separate, as much as possible, pedestrian areas from loading areas and heavy vehicle traffic areas, noting that heavy vehicles already utilised the Unnamed Laneway and the surrounding streets of the commercial area. Pedestrian access is not encouraged down the Laneway and no footpath is proposed in this regard. Additional modifications are considered to be required in the onsite carpark to ensure pedestrian paths and desire lines are satisfactory, and a condition of consent is recommended in this regard.
Pedestrian/cyclist safety	Safety concerns for elderly persons residing in close proximity to the site	Appropriate pedestrian access is available to the subject site. Additional carparking for ‘seniors’ is recommended to be provided onsite as a condition of consent. The development would comply with the Building Code of Australia and the Disability (Access to Premises) Standard 2010.
Pedestrian/cyclist safety	Safety concerns regarding the lack of fencing surrounding the car park, given the 3m drop	An appropriate condition of consent is recommended requiring fencing along the top of the Young Street retaining wall.
Parking	Proposed turning circle in the Engineering detail will consume many existing car parking spaces in Bunga, Young and Wallaga Streets	The heavy vehicle has been amended to ensure no on-street parking is adversely affected/removed as a result of this development


	Height levels of car park behind the building at 2-6 Lamont Street, Bermagui	There would be minimal transition between the carpark and the Unnamed Laneway.
KEY ISSUE - SOCIAL IMPACT
Safety and security	The negative social impact and increase in antisocial behaviour/increased crime rate due to the proposed trading hours, given the lack of 24 hour Police presence in Bermagui	The proposal was assessed in accordance with the principles of Crime Prevention Through Environmental Design and appropriate conditions in relation to lighting, surveillance, hours of operation and landscaping have been recommended in response to ensuring the development can be adequately operated with crime prevention in mind.
	Unnecessary to approve an additional liquor outlet in a small town that already has three existing outlets	The issue of approval of an additional liquor licence within Bermagui will be a matter for the Office of Liquor, Gaming and Racing. A Community Impact Statement would accompany any such application to the OLGR.
	The proposed car park area being lit up during the evenings will attract youths as a place to skateboard etc. which would be a disturbance to residents	The issue of loitering is a police matter.
Community spirit	Loss of village feel and social amenity due to increased noise and traffic impacts attributed to the proposed development	The proposed development would be located within an established commercial zone and is considered to be an appropriate use of the land. Noise and traffic impact and suitable mitigation measures have been addressed and detailed in the Council Report.
	Loss of local culture	The comment of loss of local culture is noted however assessing officers find no evidence to suggest this would be an impact of the proposed development. In relation to the potential for Aboriginal archaeology on the site, should any items of significance to uncovered during construction, all works must stop and advice sought from the Office of Environment and Heritage.
	Possibility of long term residents having to relocate to seek employment	The Economic Impact Assessment by Location IQ (for the appliacnt) concludes that it is likely that up to 88 jobs would be generated by the proposed development and estimates up to 10% of jobs may be lost through direct competition on existing businesses (ie 9 jobs). The economic impact on the Bermagui business precinct is not considered to be significantly adverse as detailed in the Economic Impact Assessment Peer Review and summarised in the Council Report.
	Loss of unique coastal village atmosphere and close knit community	The location of the proposed supermarket, within the existing commercial zone but behind the main street shops, will ensure that a compact business precinct is maintained and therefore would be minimal visual impact from public areas and reserves. The proposed design is considered to be appropriate for the coastal village setting of Bermagui and vistas from public areas would remain substantially intact.
Proximity to sensitive areas	Increased heavy traffic generation within Bermagui and safety concerns for children in relation to the playground situated opposite Lamont Lane	The site is located within a commercial zone and heavy vehicles already utilise this area. Any additional impacts on the caravan park or children’s park are not quantifiable. Suitable footpath with pram crossings are available in Montague Street to access to the site.
Proximity to sensitive areas	Increased heavy traffic generation causing safety concerns for children in relation to the pre-school and caravan park situated nearby	In relation to the preschool location, the modification to the heavy vehicle access route has removed the need for trucks to transverse Young Street in front of the preschool.
KEY ISSUE - NUISANCE
Trading hours	The negative social impact and increase in antisocial behaviour due to the proposed trading hours, given the lack of 24 hour Police presence in Bermagui	Trading hours and delivery hours are proposed to be restricted, as detailed in the Council Report.
Trading hours	Proposed trading hours and truck unloading times will cause increased amounts of noise
Light spill	Proposed size, style and amount of lighting and utility installations associated with the development and the glare of the roof will be intrusive to surrounding residents and streetscape	Suitable roof colour and material are proposed to minimise reflectivity.
	Increased heat generation and reflection due to building materials and hardstand surface areas	The comment in relation to heat from the building and hardstand areas is noted. Suitable landscaping of the carpark areas is proposed to add shading to this area. Additional landscaping is also required in between the building and the carpark to improve amenity and shading.
	Additional detail required for any lighting associated with the car park area	Suitable conditions of consent in relation to light spill are recommended. A lighting plan is also required to be submitted with the construction certificate detail.
Noise impact	Attendant noise may impact upon the amenity of surrounding residences and tourist accommodation	An Acoustic Impact assessment was conducted by the Marshall Day Acoustics and reviewed by staff. Various conditions of consent are recommended in relation to noise from plant and equipment and delivery vehicles to ensure the development complies with the NSW Industrial Noise Policy.
	Noise impacts from delivery vehicles on tourism and residential properties in the vicinity surrounding Lamont Lane
	Proposed trading hours and truck unloading times will cause increased amounts of noise	Trading hours and delivery times are proposed to be limited through appropriate consent conditions.



KEY ISSUE – ECONOMIC IMPACTS
Employment	Negatively impact Net employment in Bermagui	The findings and assessment of the economic impact of the proposed development is detailed in the Council Report.
	Large supermarkets operate self-serve checkouts and automated stock control, reducing the amount of employment opportunities for local people	The applicant details 79 jobs (net increase) would be generated at the supermarket, and 33 jobs would be generated during construction.
	This development will reduce the number of employment opportunities for school-leavers who are currently employed by existing businesses, forcing them to leave the area to seek employment	There is no quantifiable data to suggest this to be the case. Refer to the HillPDA Peer Review for additional details.


Existing businesses	The economic impact on existing small businesses	Direct business competition is not a valid town planning consideration under the provisions of the Environmental Planning and Assessment Act 1979.
	Proposed development will have an anti-competitive impact to existing businesses and imposes a greater market dominance	An economic impact assessment has been conducted by the applicant and peer reviewed and the staff are satisfied with the findings that there would be no significant adverse impact on the viability of the Bermagui business precinct as a result of this development.
	Existing business owners spend their profits locally and regularly support local community/sporting groups and charities	Comment noted
	Large supermarkets do not support local producers/suppliers/tradespeople	The matter of large supermarkets contribution to the community is not a matter for Council in its consent authority role.

Property owners	Concerns for ratepayers with the waiver of head works charges for water infrastructure upgrades required for the proposed development	Staff agree that there should be no waiving of any water contributions for this development.
	Upgrade and ongoing maintenance of existing road infrastructure would pose a financial burden on existing ratepayers	The developer would be required to upgrade the road system to cater for this development, as detailed in the Council Report and Draft Consent. Normal maintenance of public roads is a role for Council as the roads authority.
	Development in close proximity to residential areas may negatively impact property values	The impact on property values is not a valid town planning consideration under the provisions of the Environmental Planning and Assessment Act 1979.
	Proposed development may cause existing businesses to close therefore creating vacant premises in the main street, resulting in financial loss to owners of commercial premises	Direct competition is not a matter for Council in its consent authority role. The Economic Impact Assessment Peer Review concludes that the Bermagui town centre will remain vibrant and viable as a result of this development and would act more like a Local Centre providing the weekly shopping needs of residents.





KEY ISSUE - ENVIRONMENTAL IMPACT
Location of the development	Site is unsuitable for such a large scale development because of its location in relation to surrounding residential areas	Suitable buffers have been designed into the development to provide an appropriate transition between the commercial zone and the residential zone. All efforts have been made through the assessment of the development to ensure dwellings in the residential zone are not affected to a significant degree.



	Environmental impact due to large site excavation required to accommodate a level site	Whilst a large excavation of the site is proposed, the resulting reduction in bulk and scale of the development is considered to be advantageous, particularly for residential developments in the Young Street residential zone. Suitable environmental controls would be required to be in place prior and during construction to ensure the site excavation is controlled (eg Soil & Water Management Plan and Dust Control Plan)

Runoff	The environmental impact due to potential increased runoff from the development site into Horseshoe Bay	The applicant proposes to install a water quality unit on the site to treat stormwater prior to discharge which would treat/capture gross pollutants, total suspended solids, phosphorus and hydrocarbons.
	The environmental impact due to potential increased and polluted runoff from the proposed development whereby a large portion is hard surface car park area	Suitable onsite detention of stormwater is also proposed, as is rainwater harvesting.

Pollution	Increased levels of pollution from increased traffic generation	This concern is noted, however no quantifiable data is available to suggest this is correct.

		One benefit of the providing a larger supermarket in Bermagui is in providing for the weekly shopping needs of residents. This may lead to a change in shopping behaviour and travel time/trips to other service centres (Bega and Narooma) which would have a positive impact on greenhouse gas emissions through reduced vehicle usage.
Heritage	Proposed development is not in scale with existing commercial buildings and does not complement the surrounding heritage landscape	The scale of the building is not considered to be incongruous to other surrounding commercial developments. The impact on visual amenity is discussed in detail in the Council Report.
	Visual impact of the development from the headland reserve which is of considerable significance to the local Aboriginal people	View impacts (vistas) from key public places have been considered in the assessment of the proposal and the development design was found to be satisfactory in this regard.

Design	The proposed design does not give any consideration to ecological sustainable development in terms of choice of materials, building orientation, renewable energy sources, rainwater reuse or energy usage minimisation	Some modifications to the sustainability initiatives of the development are recommended through conditions of consent (improved rainwater harvesting, installed of solar hot water system, consideration of roof ventilation). The applicant has also committed to installed high efficient water fittings and high efficiency lighting. Staff conclude that the principles of ecologically sustainable development have been suitably considered in this application.
	The development will place added pressure to existing water, sewerage and waste disposal infrastructure	The development is required to contribute to water and sewer infrastructure through payment of Section 64 Contributions.


		The operator of the site would be responsible for engaging a waste contractor to service the site.

		Rates are also payable for water, sewer and waste.
	Trees will have to be removed to accommodate the design	It is proposed that the applicant be required to retain the Canary Island Palms onsite, if deemed possible by an arborist. Additional supplementary landscaping is also required as detailed in the Council Report and Draft Consent.




KEY ISSUE - AESTHETICS
Visual Impact	Application contains inaccurate view analysis data and does not provide a true representation of the view affected by the development	A detailed view impact assessment, in accordance with the Land & Environment Court view sharing principles was conducted by the assessing officer which is detailed in the Council Report. The view impacts are considered to be reasonable in the circumstances of the case.
	Lack of adequate landscaping and Council Policy for its ongoing maintenance	Suitable landscaping will be provided subject to compliance with recommended conditions of consent.
	Proposed development will negatively impact visual and natural amenity and does not complement its surrounding environment	The proposal has been suitable designed and located to minimise visual impact on surrounding land uses. The most affected property (11 Young Street) is located with the commercial zone. The building has been sited to minimise impact on that dwelling by incorporating setbacks of 2.5 metres to the side boundary and 6 metres to the Young Street boundary, which is considered to be acceptable. Suitable design modifications to the materials and articulation of the building made been made by the applicant in order to assess concerns raised in submissions and through the assessment of the application.
	Additional detail required for screening of roof top refrigeration plant equipment	Details of the screening of the roof top plant and equipment is provided in the addendum to the Acoustic Report. The design of which is considered to be satisfactory.
	The likelihood of shopping trolleys being discarded around Bermagui will be unsightly to locals and visitors	The matter of shopping trolleys is a matter for the Centre Management.
	The development proposes to be above the maximum height limit which may set precedent for future development	The development complies with the maximum 10 metre height limitation for Bermagui.







Signage	Proposed signage will be intrusive to surrounding residents and streetscape	The applicant was requested to modify the height of the proposed pylon sign and as such has reduced the height from 8m to 5m, which is considered to be more appropriate.
Signage	The height of the proposed signage on Montague Street is excessive and will negatively impact streetscape	In addition staff recommend that the sign on the Young Street elevation be deleted to minimise visual impact on residential properties on the opposite side of Young Street.
KEY ISSUE - STRATEGIC OBJECTIVES
Tourism and image of Bermagui	Size, scale and position of the supermarket may detract from the small coastal village atmosphere which is a popular tourist destination	This issue of visual impact, scale and streetscape has been detailed in the Council Report and elsewhere in this Attachment. The proposal is considered to be satisfactory in this regard.
Tourism and image of Bermagui	Development will cause loss of small town charm and character
Public Transport	The existing bus service (to Narooma and Bega) may be negatively impacted due to the reduction in use	This is not a matter for Council in its consent authority role.
	The proposal needs to include infrastructure to compliment the bus stop at the expense of the applicant, not Council	There is no proposal for Council to provide a bus shelter at this point in time in Montague Street. The local bus operator has indicated that the bus would stop in Montague Street to service the development. Should Council deem it necessary, it could ask the developer to contribute to the provision of a bus shelter through a Voluntary Planning Agreement. This would need to be at the agreement of the developer.

Zoning	The proposed rezoning this land for commercial purposes when it was partially donated for the purposes of a retirement facility	Council staff are not privy to any records in relation to the land being donated for retirement facility purposes (the land was/is not public land). Notwithstanding, the Illawarra Retirement Trust sold the land in December 2011 to Fabcot and the development of the site for a supermarket is permissible in the zone.
	The location of the proposed development divides the commercial area in Bermagui and the proposal does not provide sufficient access from the existing commercial development to the proposed supermarket	The siting of such a use within the main commercial precinct (known as an ‘in-centre’ development) is consistent with recognised town planning principles and would provide a consolidation commercial precinct. Access to and within the general commercial precinct is considered to be reasonable.

Population	The applicants population predictions for Bermagui and surrounding areas is unrealistic, and the need for another Woolworths supermarket is questionable	The Peer Review by Hill PDA undertook a suitable review of population forecast and an assessment of the main trade area for Bermagui and concluded that the population forecasts used by the applicant were reasonable.
Legislation and Policies	The development is a contravention to EP&A Act 1979, BVSC Commercial Strategy Paper 2006, BVSC Bermagui and Wallaga Lake Structure Report 2008, Land Use Planning Strategy 2008, BVSC Draft Development Control Plan 2011, NSW Coastal Policy, South Coast Regional Strategy, BVSC Coastal Design Guidelines, BVSC Local Environmental Plan 2002	The proposed development has been assessed in consideration of all relevant Council adopted plans and policies and the South Coast Regional Strategy. The proposal is considered to be consistent with the strategic direction set for Bermagui and is consistent with the objectives of the zone.
SUGGESTIONS
Conditions	If it is approved, that conditions of consent be imposed in relation to signage, lighting, trading hours, pedestrian access, infrastructure upgrades and maintenance	Suitable conditions of consent are recommended in relation to these matters. Refer to the Council Report and the Draft Consent.
Conditions	If it is approved, that conditions of consent be imposed in relation to during the construction phase not being between 7am-7pm and limit general hours of operation be from 7am-8pm
Alternative Sites	Consideration should be given to relocating the development to Cobargo	Comment noted. Council must assess the application before it.
Alternative Sites	Consideration should be given to relocating the development to the industrial area	Comment noted. Council must assess the application before it.

Council	16 January 2013
*Item 8.1 - Attachment 7*	*Draft Development Consent*

DA No.: 2012.98

Fabcot Pty Ltd

1 Woolworths Way

BELLA VISTA NSW 2153

NOTICE OF DETERMINATION
under Section 81(1)(a) of the Environmental Planning
and Assessment Act 1979 (as amended).

The development application has been determined by granting consent under Clause 30 of the Bega Valley Local Environmental Plan 2002 subject to conditions.

applicant	Fabcot Pty Ltd
land	Lots: 11-15 Sec: 8 DP: 758095
location	Montague Street BERMAGUI
zone	3(a) General Business Zone
proposed development	Construction of a supermarket and two specialty retail tenancies (including liquor store), carparking, landscaping and associated advertising signage
classification(s) under building code of australia	6
determination made on	-
consent to operate from	-

consent to lapse on
(see note 3)

Conditions of approval

1. Development shall take place in accordance with the Approved Development Plan, the application form and any supporting documentation received with the application, except as may be amended in red on the attached plans and by the following conditions.

Separate development consent is required to establish the first use of Tenancy 2.

2. A Construction Certificate must be obtained from Council or an Accredited Certifier prior to work commencing. A construction certificate certifies that the provisions of Clauses 79A-79H of the Environmental Planning and Assessment Amendment Regulations, 1998 have been satisfied, including compliance with the Building Code of Australia and conditions of Development Consent.

3. All deliveries to the development shall be restricted to the following hours:

Monday to Friday, inclusive - 7am to 6pm
Saturday, Sunday and Public Holidays 8am to 1pm.

4. The trading hours of the supermarket shall be limited to;

Monday to Sunday 7am to 10pm

5. The trading hours of the liquor store shall be limited to;

Monday to Saturday 9.00am to 9.00pm

Sunday 10.00am to 8.00pm

6. Construction works shall be undertaken between the hours of 7.00am to 6.00pm Monday to Friday and 8.00am to 1.00pm on Saturday. No construction work shall be undertaken on Sundays and Public Holidays without consultation and approval of Council.

7. To ensure the safe and efficient operation of the designated loading area, the maximum size of vehicles servicing the development shall be limited to a 19 metre semi-trailer.

8. Closed Circuit Television (CCTV) shall be installed in the development, including at key entry and exit points, cash handling locations, within the liquor store, carpark and loading dock areas. Details shall be provided to the PCA prior to the issue of the Construction Certificate.

9. Ensure that any fixed furniture provided, either internally or externally to the building, is accessible for people with a disability.

10. Fencing shall be provided along the top of the retaining wall on the Young Street frontage of the subject site. Details, including height and style of the proposed fencing, shall be submitted to Council for approval prior to issue of a Construction Certificate by the PCA.

11. Prior to the issue of a Construction Certificate by the Principal Certifying Authority, a detailed colour and building materials schedule shall be submitted to and approved by Council. The schedule shall include:

a) External building finishes (including glazing treatments)

b) A colour palette (including colour samples)

The development shall be finished in accordance with the approved schedule, prior to occupation.

12. All roofing and building material shall be non-reflective. Details of proposed materials shall be submitted for approval by Council the Principal Certifying Authority with the application for the Construction Certificate.

Note: White surfaces are not considered to be satisfactory for this purpose.

13. Lighting in and around development is to be provided to comply with the provisions of Australian Standard 1680.2.1 – 1993: Interior Lighting Part 2.1: Circulation spaces and other general areas and AS/NZS 1158.3.1:1999 Road Lighting –Part 3.1: Pedestrian Area (Category P) lighting.

A Lighting Plan, prepared by a suitably qualified and experienced lighting engineer, is to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

14. The lighting of the premises shall be shielded and directed so as not to cause annoyance to the owners or occupiers of adjoining premises or glare to motorists on adjoining or nearby roads.

15. Street lighting shall be provided in Young Street, Montague Street and the Unnamed Laneway to the satisfaction of Essential Energy. All lighting must be designed and located to minimise any adverse impacts on adjoining residences. A copy of the Essential Energy approved plans shall be provided to Council for its records prior to occupation of the building.

16. A detailed landscape plan shall be submitted and approved by Council prior to the issue of the Construction Certificate by the Principal Certifying Authority. The landscape plan shall be prepared by a qualified landscape architect/person possessing qualifications acceptable to Council in the field of horticulture/landscape design. All landscape works shall be completed in accordance with the approved landscape plan, prior to occupation and maintained at all times thereafter.

17. Additional landscape plantings shall be provided along the entrance of the supermarket building, adjacent to the carparking area, to provide suitable shading and amenity for users of the development. Planting or a suitable shade structure shall also be provided over the seating area adjacent to Tenancy 2 to maximise amenity for users of this area. Details shall be provided on the construction plans and submitted to Council for approval prior to the issue of the Construction Certificate by the PCA.

18. All reasonable efforts shall be undertaken to retain the Canary Island Palms (Phoenix canariensis) on-site. The trees shall be assessed by a suitably qualified arborist and those suitable for transplanting shall be transplanted into the landscaped areas onsite.

19. Tree transplantation shall take place in accordance with the Transplant Method Statement approved with the Construction Certificate and under the supervision of a qualified arborist or horticulturist.

20. A Tree Transplantation Method Statement (TTMS) shall be submitted with the Construction Certificate application to the satisfaction of the Principal Certifying Authority (PCA). The TTMS shall be prepared by a qualified arborist or horticulturist and shall detail the following;

· Pre-transplantation schedule of works

· Preparation of transplant site

· Transplantation method

· Post-transplantation after-care and duration.

The above details shall be reflected in the final Landscape Plans to be submitted with the Construction Certificate application.

21. The following series of reports relating to landscaping are to be submitted to the nominated consent authority at the appropriate time periods as listed below. The individual or company who undertook the original landscape design for the development shall prepare these reports.

a) Implementation Report
Upon completion of the landscape works associated with the development and prior to the issue of an Occupation Certificate for the development, an Implementation Report must be submitted to the Principal Certifying Authority attesting to the satisfactory completion of the landscaping works for the development. The report is to be prepared by the company or individual that completed the approved landscape design.

An Occupation Certificate shall not be issued until such time as a satisfactory Implementation Report has been received. If Bega Valley Shire Council is not the Principal Certifying Authority, a copy of the satisfactory Implementation Report is to be submitted to Council with the copy of the Occupation Certificate.

b) Maintenance Report
On the first anniversary of the date of the Occupation Certificate issued for the development, a Landscape Maintenance Report is to be submitted to Bega Valley Shire Council certifying that the landscape works are still in accordance with the development consent and the plant material is alive and thriving.

The same individual or company who undertook the approved landscape design must prepare this report.

22. All on-site car parking, loading/unloading areas and their associated driveways shall be constructed to a suitably drained waterproof and dustproof surface and clearly defined or linemarked in accordance with the Approved Development Plan and Council’s adopted Development Control Plan 7: Parking.

Engineering design plans for the car parking, loading/unloading areas and their associated driveways shall be prepared and certified by a chartered professional engineer and submitted to Council prior to the issue of any subsequent Construction Certificate.

23. Car parking spaces provided for people with Disabilities shall be designed and constructed to comply with requirements of AS 2890.4 (off-street car parking).

24. A minimum of two parking spaces designated for ‘seniors parking” and two parking spaces for “parents with prams” shall be provided within close proximity to the centre entrance.

25. A designated pedestrian path shall be provided within the site from the Montague Street frontage (at the Unnamed Laneway intersection) to the main entrance of the supermarket. Pedestrian desire lines shall also be clearly defined within the carpark. Details shall be submitted for approval by Council prior to the issue of a Construction Certificate by the PCA.

(Reason: to ensure safe and convenient pedestrian access to and within the site).

26. The Woolworths branding sign (Sign 1, on Christiansen O’Brien Pty Ltd, Plan A05 Rev A) is not approved and shall be deleted as indicated in red on the Approved Development Plan.

(Reason: to minimise adverse visual impacts from adjacent residential properties in Young Street).

27. All signage shall be maintained in good order at all times to the satisfaction of Council.

28. Provision shall be made for unrestricted pedestrian access within the footpath area across the frontage of the development during construction. Suitable temporary hoarding or barriers, approved by the Group Manager, Infrastructure Waste & Water, shall be erected to maintain pedestrian access during the construction phase.

29. Any damage caused to footpaths, roadways, utility installations and the like by reason of construction operations shall be made good and repaired to a standard equivalent to that existing prior to commencement of construction. A photograph indicating the current state of the footpath adjoining the development shall be submitted with the application for the Construction Certificate.

30. Lots 11-15 Section 8 in Deposited Plan 758095 shall be consolidated. A copy of the registered plan of consolidation (from Land and Property Information) shall be submitted to the Principal Certifying Authority prior to the issue of a Final Occupation Certificate.

31. Details of the type and location of waste storage facilities shall be submitted to Council for approval prior to issue of the Construction Certificate by the Principal Certifying Authority.

32. Redesign of the rainwater harvesting system is required to increase tank capacity and maximise rainwater capture and storage at the site. Rainwater tanks shall be suitably located and connected to a landscape irrigation system for the site. Details of the proposed location and sizing of tanks and the design of the irrigation reticulation system shall be submitted to Council for approval prior to the issue of a Construction Certificate by the PCA.

(Reason: to achieve a suitable ESD outcome for the site

33. The following shall be designed and installed in the subject development;

· Water efficient fixtures and fittings at a minimum 4-star rating

· Installation of high efficiency lighting throughout the building (including the shopping floor, store rooms, offices, ancillary retail outlets, loading area, security lighting, emergency lighting, carparking area and external concourse areas).

· An appropriate roof venting system to expel hot air shall be designed and installed in the building.

· Installation of a solar hot water system to service the needs of the development.

All sustainability commitments shall be detailed on the construction plans and submitted to Council for approval prior to the issue of a Construction Certificate by the PCA.

(Reason: to achieve a suitable ESD outcome for the site)

NB: The applicant is encouraged to investigate the installation of solar photo voltaic (PV) system for this site to maximise the sustainability outcomes for the development.

34. An Occupation Certificate is to be obtained authorising occupation or use of the new building. Occupation must not take place until the certifying authority is satisfied:

a) that a development consent or complying development certificate is in force with respect to the building, and has been substantially complied with; and

b) that a Construction Certificate has been issued with respect to the plans and specifications for the building, and

c) that the building is suitable for occupation or use in accordance with its classification under the Building Code of Australia, and

d) that such other matters as are required by the regulations to be complied with before such a certificate may be issued have been complied with.

35. A Final Fire Safety Certificate must be issued for the building prior to the issue of an Occupation Certificate. As soon as practicable after a Final Fire Safety Certificate is issued, the owner of the building to which it relates:

a) must cause a copy of the certificate (together with a copy of the current fire safety schedule) to be given to the Commissioner of New South Wales Fire Brigades, and

b) must cause a further copy of the certificate (together with a copy of the current fire safety schedule) to be prominently displayed in the building.

36. All aspects of the building design shall comply with the applicable performance requirements of the Building Code of Australia so as to achieve and maintain acceptable standards of structural sufficiency, safety (including fire safety), health and amenity for the on-going benefit of the community. Compliance with the performance requirements can only be achieved by:

a) complying with the deemed to satisfy provisions, or

b) formulating an alternative solution which:-

· complies with the performance requirements, or

· is shown to be at least equivalent to the deemed to satisfy provision, or

c) a combination of a) and b).

37. The operator shall provide Council with a noise verification report 3 months after occupation of the supermarket to establish that the predicted noise levels specified in the acoustic report and supplementary letter by Marshall Day Acoustics is accurate.

This report shall be prepared by an appropriately qualified and insured acoustic consultant, at the operators cost, and submitted to Council. The following criterion is to be addressed for receptors located at 10, 12 & 14 Lamont Street, 11 & 12 Young Street and 1 Montague Street, Bermagui:

· Mechanical Services Plant Octave Band Sound Power Level, dB as installed;

· Condenser deck mechanical services plant actual noise levels, LAeq, 15mins dB; and

· Condenser deck mechanical services plant actual sleep disturbance noise levels, LAmax dB

38. Delivery trucks or other equipment entering or being used on the site shall be fitted with broadband reversing alarms.

39. The sound attenuation barrier shall be constructed strictly in accordance with the design specifications stated in the Marshall Day Acoustics letter dated 25 September 2012.

40. The floors of wet areas shall be of an approved impervious material, properly graded and drained. The junctions of the floors with the walls shall be so treated as to prevent the penetration of moisture into the walls.

41. A Soil and Water Management Plan shall be prepared in accordance with the provisions of the NSW Dept Housing Managing Urban Stormwater - Soils and Construction (4th Edition 2004) and submitted for approval by the Consent Authority prior to the release of any Construction Certificate. Upon acceptance of the SWMP the measures identified in the SWMP are to be installed prior to the commencement of any other works on site and a Consent Authority inspection called for.

42. A Dust Control Management Plan shall be submitted for approval of the consent authority. Upon acceptance of the Plan and prior to the commencement of any works on site, the relevant controls specified in the plan are to be installed and a Consent Authority inspection called for.

43. A separate application to obtain approval to connect to council’s sewerage system under Section 68 of the Local Government Act 1993 must be submitted to Council for approval. A plumbing and drainage design plan is to be submitted with the application to Council.

44. All building work must be carried out in accordance with the provisions of the Building Code of Australia and the Disability (Access to Premises— Buildings) Standards 2010.

45. An accessible toilet facility shall be provided for patrons/customers in a suitably accessible and convenient location. Baby change facilities shall also be incorporated into the facility. Details shall be submitted to Council for approved prior to the issue of a Construction Certificate by the PCA.

46. Roof and car park storm water is to be disposed of to the satisfaction of the Consent Authority.

47. A suitably designed and located water quality unit shall be installed upstream of any Onsite Stormwater Detention (OSD) system. The system shall appropriately capture/remove (as a minimum) gross pollutants, sediment, Total Suspended Solids (TSS), phosphorous and hydrocarbon. Details to be submitted to Council for approval prior to the issue of a Construction Certificate by the PCA.

48. Food Premises - Final Inspection

Prior to the issue of an Occupation Certificate, the food premises shall be inspected by Council's Environmental Health Officer to determine compliance with applicable food legislation.

(Reason: To ensure compliance of the food premises)

49. Food Shop Registration Requirements

Occupation of the premises shall not occur until:

a) A registration form has been submitted to Council for the food premises; and

b) Notification to the NSW Food Authority under Food Safety Standard 3.2.2 Division 2 Section 4 Notification. This requirement is to be met by notifying through the following website: www.foodnotify.nsw.gov.au

c) Notification of the Food Safety Supervisor for the business

d) Certification of any mechanical ventilation system by a suitably qualified person.

Evidence of compliance of the above shall be submitted to Council prior to the issue of an Occupation Certificate and commencement of business.

(Reason: Registration and notification to relevant authorities)

Engineering conditions – Road & Drainage Civil Works

Conditions to be satisfied prior to the issue of an Engineering Construction Certificate (approval under Section 138 of the Roads Act and Section 68 of the Local Government Act)

50. The following matters shall be completed prior to the endorsement of a Construction Certificate (Sec. 138 Certificate) for the civil works for this development:

a) Approval of detailed construction plans and specifications for road, water, sewerage and drainage works by Council’s Director of Engineering Services or his delegate.

These works shall be designed and specified in conformity to the standards set out in Council’s Technical Specifications (or other documents formally adopted by Council for the purpose of specifying standards for construction works, DCP No.2) as current at the date of approval, and sound engineering practice.

These detailed construction plans must include all erosion and sediment control works necessary to ensure that the quality of stormwater discharged from these works, both during and after the construction period, will not result in erosion, sedimentation or pollution of any land or water. These plans shall be in accordance with Council’s Development Design Specification D7, Erosion Control and Stormwater Management.

(Reason: to ensure that the development is compatible with the design of the specified works and to specify technical standards.)

b) No work shall be carried out within three metres of or adjacent to the carriageway of a public road subject to motor vehicle traffic until Council has approved a satisfactory Traffic Control Plan relating to that work, and the Roads and Maritime Services has approved any associated Road works Speed Limit.

The Traffic Control Plan shall be prepared by a person who is authorised by the Roads and Maritime Services to prepare these plans. The Traffic Control Plan must bear the name, signature and Traffic Control at Worksites Certificate Number of the person who prepared it.

All measures described in the Traffic Control Plan shall be implemented and maintained for the duration of any work within or adjacent to the road carriageway.

(Reason: so that work on public roads is performed safely.)

c) Lodgement of security with Council in an amount of $100,000.00 (Allocation No.19755.9755.9800) as security for remedying any defects in any public work required in connection with this consent (such as road work, kerbing and guttering, footway construction, stormwater drainage, water supply and sewerage works and environmental controls) that arise within six months after the works are completed, and for making good any damage caused to Council property as a consequence of the doing of anything to which the consent relates.

The security lodged with Council shall be either in money or unconditional bank guarantee in a form acceptable to Council.

The funds realised from this security may be paid out by Council to meet any costs referred to in this condition. A Bond Administration Fee may be payable to Council.

This condition is authorised by Section 80A(6)-(10) of the Environmental Planning and Assessment Act 1979.

(Reason: to ensure that public works are in satisfactory condition when transferred to Council and that any damage to Council property is remedied.)

d) Qualifications and insurance of engineering designers (Public Works)
All public works (such as road work, kerbing and guttering, footway construction, stormwater drainage, water supply and sewerage works and environmental controls) shall be designed by persons holding suitable qualifications for the design of works of this type and current professional indemnity insurance.

(Reason: to ensure appropriate professional standards.)

e) Contractor’s insurance (Public Works)
Each contractor engaged in the construction of public works (such as road work, kerbing and guttering, footway construction, stormwater drainage, water supply and sewerage works and environmental controls) must hold current public liability insurance for an amount of not less than $20,000,000.00 suitably endorsed to note the contractor and Council for their respective rights and interests.

Prior to the commencement of the construction of these public works Council must be provided with evidence of the currency of this insurance.

(Reason: to ensure that contractors hold suitable public liability insurance.)

51. Conditions to be satisfied for the issue of an Engineering Construction Certificate (approval under Section 138 of the Roads Act and Section 68 of the Local Government Act).

These works shall be designed and constructed in conformity with Council’s Technical Specifications (or other documents formally adopted by Council for the purpose of specifying standards for construction works) as current at the date of the approval of construction plans, and sound engineering practice:

One or more Compliance Certificates must evidence the satisfactory completion of these works. See below.

Road & Drainage Civil Works

a) Design and construction of the following roadwork in the Unnamed Lane from its intersection with Bunga Street to its intersection with Montague Street:

· 150mm upright kerb and gutter along both sides with a width of 5.0 metres between nominal kerb lines,

· pavement design in accordance with a minimum design ESA of 5x10⁶

· bitumen sealed road pavement extending for the full width between the kerbs and gutters,

· all associated stormwater and subsoil drainage works,

· grassing of footways,

· reconstruction of any kerb and gutters to accommodate the swept path of the delivery vehicles to the development site,

· reconstruction of the intersections of the Unnamed Lane and Wallaga Street and the Unnamed Lane and Montague Street to the satisfaction of the Group Manager of Infrastructure Waste and Water or his/her delegate,

· All other works necessary to achieve the above.

(Reason: To provide an appropriate standard of access to the land and to accommodate the traffic likely to be generated by this development).

b) construction of concrete footpath crossovers serving lots with existing access to the Unnamed Lane between kerb line and the road boundary, in conformity with Council’s standard drawings 1691 and 1692.

(Reason: To provide an appropriate standard of access to the land and to accommodate the traffic likely to be generated by this development).

c) construction of concrete footpath crossovers serving as the delivery truck entry/ exit to and from the Unnamed Lane between the kerb line and the property boundary, in conformity with Council’s standard drawings 1691 and 1692.

(Reason: To provide an appropriate standard of access to the land and to accommodate the traffic likely to be generated by this development).

d) Upgrading of existing or re-construction of existing or construction of stormwater drainage works as necessary to convey stormwater flows within the development, adjacent to or around the development. Any design shall be in accordance with Council’s Development Design Specification, Stormwater Drainage Design D5.

Note: Appropriate easements shall be created to contain all drainage works that are located outside of roads and drainage reserves.

(Reason: to provide for the drainage of the development, to protect public and private assets from potential damage and to minimize the environmental impacts of this development.)

e) construction of or upgrading of existing stormwater drainage works as necessary to convey stormwater flows downstream of the development. Any design shall be in accordance with Council’s Development Design Specification D5, Stormwater Drainage Design.

Note: Appropriate easements shall be created to contain all drainage works that are located outside of roads and drainage reserves.

(Reason: to provide for the drainage of the development, to protect public and private assets from potential damage and to minimize the environmental impacts of this development.)

f) relocation or protection of the sewer main within the pavement of the unnamed lane in conformity with engineering design details prepared and certified by a suitably qualified and experienced Chartered Professional Engineer (NPER3 Registered) and to the satisfaction of the Group Manager of Infrastructure Waste and Water or his/her delegate.

(Reason: to protect the integrity of Council’s sewerage system.)

g) relocation or protection of the water main within the pavement of the unnamed lane in conformity with engineering design details prepared and certified by a suitably qualified and experienced Chartered Professional Engineer (NPER3 Registered) and to the satisfaction of the Group Manager of Infrastructure Waste and Water or his/her delegate.

(Reason: to protect the integrity of Council’s sewerage system.)

h) Compliance Certificate(s) in relation to the inspection and testing of all public works associated with this consent (such as road work, kerbing and guttering, footway construction, stormwater drainage, water supply and sewerage works and environmental controls) must be obtained either from Council or from an Accredited Certifier to demonstrate that these works have been completed.

These public works must be inspected and tested either by Council’s inspector, or by an Accredited Certifier at each of the following stages of construction to confirm compliance with the standards set out in the approved plans and specifications. Any inspection and testing performed by Accredited Certifiers shall be documented by Compliance Certificate(s) for those parts of the public work.

· After placement of all signs in accordance with the approved Traffic Control Plan.

· After stripping of topsoil from roads and fill areas, all Soil & Water Management Plan controls shall be in place at this stage.

· After completion of road subgrade.

· After placement and compaction of each layer of gravel pavement material.

· Prior to the application of bitumen seal or asphaltic concrete wearing surface.

· After laying and jointing of all stormwater pipelines prior to backfilling.

· After completion of works.

· As otherwise required to confirm that the works are satisfactorily executed and in conformity with environmental controls.

It should be noted that Council charges fees for inspections and Compliance Certificates. These fees must be paid prior to the endorsement of a Final Occupation Certificate.

(Reason: to demonstrate that subdivision works are completed in conformity with development consent conditions and to appropriate technical standards).

52. Conditions to be satisfied prior to commencement of use subject to Council acceptance.

The following matters shall be completed prior to the commencement of use of any part of this development:

These works shall be designed and constructed in conformity with Council’s Technical Specifications (or other documents formally adopted by Council for the purpose of specifying standards for construction works) as current at the date of the approval of construction plans, and sound engineering practice:

One or more Compliance Certificates must evidence the satisfactory completion of these works. See below.

a) Works as executed plans
Upon completion of all subdivision work, Council shall be provided with one complete copy of the plans to which the Construction Certificate relates, clearly marked up to show all variations of the completed works from the approved design in regard to alignment, levels and other details of the works. These plans must show the location and depth of any filling placed on any lot. Works-as-executed plans must be prepared and certified by a Registered Surveyor or Chartered Professional Engineer as a complete and accurate record of the subdivision work.

A complete record of all cadastral information, roads, stormwater drains, water supply and sewerage infrastructure works for this subdivision shall also be provided to Council in an electronic format.

The electronic / digital data must be suitable for inclusion in Council’s Geographic Information System with a brief metadata description of the projection, survey control and layers.

The preferred format for this electronic/digital data is as follows:

· File format: AutoCAD DWG or DXF files.

· Map Projection: MGA94 Zone 55

· Map Layers: To delineate map data into subdivision, water, sewer and drainage.

· Survey Control: map point location and name or table format of control points showing name and coordinates used for survey.

Data will need to be resupplied if coordinates are not valid for the surveyed area.

The works as executed plans must be examined and accepted by Council’s engineering staff prior to the endorsement of the Subdivision Certificate by the Principal Certifying Authority (Council).

(Reason: To ensure that Council holds complete records of civil engineering works being transferred to Council ownership).

b) Dedication as Public Road of splay corners 5 metres by 5 metres at the junction of Montague Street and the Unnamed Lane. A copy of the plan registered by the NSW Land Titles Office dedicating this land as road shall be provided to the Council to demonstrate compliance with this requirement.

(Reason: To improve sight distance and space for utility services at road junctions).

53. Defects liability period for civil construction works:

a) The developer shall remedy any defects in the civil construction works arising within six months after the completion of the works and shall make good any damage caused to any Council property as a consequence of doing anything to which this consent relates.

b) If the Occupation Certificate is issued prior to the expiry of this period, the Council must first be provided with a security deposit or unconditional bank guarantee in a form acceptable to Council, in an amount of five percent (5%) of the value of the civil construction works. This amount is security for remedying any defects in the civil construction works that arise within six months after the works are completed, and for making good any damage caused to Council property as a consequence of the doing of anything to which the consent relates. The funds realised from this security may be paid out by Council to meet any costs referred to in paragraph (a) above. A Bond Administration Fee may be payable to Council.

c) This condition is authorised by Section 80A(6)-(10) of the Environmental Planning and Assessment Act 1979.

(Reason: to ensure that subdivision works are in satisfactory condition when transferred to Council and that any damage to Council property is remedied.)

54. Conditions to be satisfied prior to commencement of use subject to engineer’s certification.

The following matters shall be completed prior to the commencement of use of any part of this development: The satisfactory completion of these works must be evidenced to Council by certification from a suitably qualified and experienced Chartered Professional Engineer (NPER 3 registered) confirming that the works identified in this condition satisfy the specified performance and acceptance criteria, and recognised good engineering practice.

a) construction of stormwater drainage works as necessary to convey runoff from roof and paved areas of the development to public roads or Council controlled drainage systems. Any design shall be in accordance with Council’s Development Design Specification, Stormwater Drainage Design D5.

(Reason: to provide for the drainage of the development, to protect public and private assets from potential damage and to minimize the environmental impacts of this development.)

b) construction of stormwater drainage works as necessary to limit the peak stormwater discharge from the development to not exceed calculated flow rates for this site in an undeveloped state for rainfall events of up to a 1 in 2 year average recurrence interval. Any design shall be in accordance with Council’s Development Design Specification D5, Stormwater Drainage Design, clause D5.15 – Retarding Basins.

(Reason: to provide for the drainage of the development, to protect public and private assets from potential damage and to minimize the environmental impacts of this development.)

Water and sewer conditions

Conditions to be satisfied prior to commencement of any site works including demolition or decommissioning

55. Prior to any site, excavation or building works starting, a detailed Water and Sewerage Asset Protection Plan shall be provided to and approved by Council. The Water and Sewerage asset protection plan is to indicate all protection arrangements of Council’s existing water and sewerage infrastructure with regards to movement of trucks and heavy engineering equipment in and surrounding the development site.

56. The developer shall decommission Councils sewerage reticulation affected by the development construction. All works on Council’s infrastructure, including decommissioning works, are to be carried out by Bega Valley Shire Council accredited contractor(s). The contractor is to liaise with Council’s Water and Sewerage Quality Assurance Officer to ascertain what sewerage components (i.e. manhole surrounds, lids etc.), if any, may be recovered and utilised by Council in the future.

Conditions to be satisfied prior to Engineering Construction Certificate

57. The proposed retaining walls, landscaping and driveway are located over and/or within the Zone of Influence of Council’s existing sewer pipeline(s). Where the proposed development is located over and/or within the Zone of Influence of the existing sewer pipeline(s), Councils reticulated sewerage system shall be protected. Note: No structure can be constructed over or within one (1) metre of Council’s sewer fixture(s) (manhole/s, sewer junction/s etc.), wherever this is the case the development footprint requires alteration and/or, if possible, the relocation of Council sewer fixture(s).

The following shall also be provided to Council;

a) Site survey information (by registered surveyor) accurately showing the vertical and horizontal proximity (details to include offsets, AHD invert levels and pre and post surface levels) of the sewer pipeline (Note: not the line between manhole lids) to the proposed development shall be provided to Council for approval.

b) Engineer’s design details shall ensure that no loading is imposed on or transmitted to the sewer pipeline by the proposed development in conformity with engineering design details prepared and certified by a suitably qualified and experienced Chartered Professional Engineer (NPER3 Registered).

c) The engineering design details shall be accompanied by a letter of certification indicating that the proposed driveway, building and/or structure/s will not impact on Council’s reticulated sewerage. The accompanying letter shall be prepared by a suitably qualified and experienced Chartered Professional Engineer (NPER3 Registered) and submitted to Bega Valley Shire Council.

58. Liquid Trade Waste application is required for this development. A separate application to obtain approval to discharge liquid trade waste to council’s sewerage system under Section 68 of the Local Government Act 1993 shall be submitted to council for approval prior to issue of the construction certificate. If the applicant is not the owner of the premises, the applicant must obtain the owners consent to the application. Application forms are available from Council.

59. Compliance certificate under s306 of the Water Management Act 2000

(1) The applicant is not to apply for a construction certificate in respect of the Development until it has applied to the Council as the water supply authority for a Compliance Certificate in respect of the Development under Division 5 of Part 2 of Chapter 6 of the Water Management Act 2000 and the Council has notified the applicant of any requirement under that Division that is precondition to the granting of the compliance certificate or that there is no such requirement.

(2) The applicant is not to obtain a construction certificate or occupation certificate in respect of the Development unless any requirement of the Council imposed under Division 5 of Part 2 of Chapter 6 of the Water Management Act 2000 and notified to the applicant as a precondition to the granting of a Compliance Certificate under that Division and which must be satisfied before the construction certificate or occupation is obtained is so satisfied.

Note: Under Council’s adopted Fees and Charges for the 2012/13 financial year and pursuant to Section 64 of the Local Government Act and Water Management Act 2000 the following charges apply:

Water– $12,430 per ET or as otherwise specified in the Fees and Charges

Sewer– $9,448 per ET or as otherwise specified in the Fees and Charges

The payment due will be calculated at the rate specified in Council’s adopted Fees and Charges at the time of payment.

For further information please contact Council’s Water and Sewerage Services Section on 64992222.

Conditions to be satisfied during construction of works

60. In the case of building over sewer, Council requires that the protection arrangements of the sewer main (i.e. piers; beams, etc.) are constructed in conformity with approved engineering design details. A suitably qualified and experienced Chartered Professional Engineer (NPER3 Registered) is to oversee the construction of the protection arrangements of Council’s sewer main (i.e. piers and beams) in conformity with engineering design details prepared and certified by a suitably qualified and experienced Chartered Professional Engineer (NPER3 Registered).

These works shall be constructed in conformity with Council’s Technical Specifications (or other documents formally adopted by Council for the purpose of specifying standards for construction works) as current at the date of the approval of construction plans, and sound engineering practice:

One or more Compliance Certificates must evidence the satisfactory completion of these works.

Council requires that inspections (and certification) are carried out of the pier and beam arrangements to ensure that they have been constructed to design, that piers are to the required depths and that the required pier and beam clearances to the sewer main have been achieved. Certifications, by Council’s Environmental Health Officer (where Council is the Principal Certifying Authority) or by a Practising Structural Engineer (Private Certifier) shall be submitted to Bega Valley Shire Council.

Note that Council charges fees for inspections and Compliance Certificates. These fees must be paid prior to the endorsement of a Final Occupation Certificate.

61. The existing water service and water meter size may not be suitably sized for the proposed development and may require upsizing of water service and water meter arrangement. A hydraulic consultant or similarly suitable qualified person is required to ascertain this. The qualified person shall undertake calculation as required by the current AS 3500 and the New South Wales Code of Practice - Plumbing and Drainage and certified as true, correct and satisfactory to serve the total development. This certification shall be lodged with Council and where required, make application for modification to the metered service.

62. a) A suitably qualified person shall undertake a survey for a backflow device and the results of the survey shall be lodged with Council.

b) Upon the results of a) above being lodged with Council, if required, an approved backflow prevention device (as approved by Council) shall be fitted and tested by approved qualified personnel and registered with Council.

63. The developer shall provide a magnetic type flow meter to be installed on any proposed fire hydrant water service line and/or any proposed fire sprinkler service line. This installation shall have appropriate backflow protection installed on the applicants side of the meter.

Conditions to be satisfied prior to issue of occupation certificate

64. Apply for and obtain relevant Compliance Certificates for works carried out above.

The above conditions are in the public interest to reduce any potential environmental impact and to ensure the proposed development complies with:

· the provisions of the Environmental Planning and Assessment Act 1979 and Regulations

· any environmental planning instruments applying to the subject land

· Council’s codes and policies

· Section 94 Development Contribution Plan and Tree Preservation Order.

Notes:

1. In accordance with the provisions of Section 82A of the Environmental Planning and Assessment Act 1979 (as amended) the applicant can request Council to review this determination. The request must be made within a period of 6 months from the date shown on this determination. A fee, as prescribed under Council’s current Management Plan – Fees and Charges, is payable for such a review.

2. Section 97 of the Environmental Planning and Assessment Act 1979 (as amended), gives the applicant the right to appeal to the Land and Environment Court within 6 months after the date on which you receive this notice. Section 97 does not apply to the determination of a development application for State significant development or local designated development that has been the subject of a Commission of Inquiry.

3. In accordance with Section 95 of the Environmental Planning and Assessment Act 1979, this development consent will lapse 5 years after the date from which it operates ('Consent to Operate' date) unless work is physically commenced, on the land to which the consent applies, before the date on which the consent would otherwise lapse ('Consent to Lapse' date).

4. Before any building or subdivision works are commenced a Construction Certificate must be obtained from Council or an accredited certifier.

5. It is an offence under the National Parks and Wildlife Act 1974 to destroy, deface or damage an Aboriginal relic. If during works on site any Aboriginal relic is discovered then you should immediately stop work and contact representatives of the Office of Environment and Heritage and the Local Aboriginal Land Council.

6. It is the applicant’s responsibility to advise Council of any changes to contact details in a timely manner. Council will not be held responsible for any lost documents, delays or missed inspections if any of the details are in any way not up-to-date. Should duplicate documents be required they will incur an additional fee in this circumstance.

7. If in the future it is intended to subdivide this property (even in strata form), it is advisable to have all services arranged is such a manner to cater for subdivision in accordance with Council’s specifications/requirements.

C E Hancock

Planning Coordinator

for bega valley shire council

Council 16 January 2013 Item 8.2

8.2. 2009.0004 Educational Establishment and Reception Establishment, Newtown Road, Bega - Proposed Modification to Condition No. 3

Group Manager Planning & Environment

Applicant	Norm and Narelle Pearce
Owner	Lot 2 DP 1083308
Site	187-189 Newtown Road Bega
Zone	2(a) Residential Low Density
Site area	3086m²
Proposed development	Educational Establishment and Reception Establishment
Proposed modification	Modification to Condition 3 of Development Consent – Extension to trading hours to 12 midnight one day per week Monday to Friday and 12 midnight Saturdays.

Precis

Council is in receipt of a Section 96 Application to modify Condition 3 of the Consent issued for a Reception Establishment and Educational Establishment to operate from the land.

Condition 3 limits the operation of the use from 7am to 6pm Monday to Friday and 7am to 2pm Saturday. The applicant seeks approval to operate till 12 midnight one night per week Monday to Friday and to 12 midnight on Saturdays.

The application to modify was notified to adjoining and adjacent owners with 2 objections received to the increase in hours of operation.

The application to modify the approved hours of operation is recommended for refusal due to the potential noise impact on adjoining residences.

Background

Council at its meeting held on 16 March 2010 granted approval for the Change of Use of an existing dwelling-house to an Educational Establishment (training facility) and temporary use as a Reception Establishment for a maximum of 28 days in any one year, subject to conditions.

Condition 3 of the Consent stated:

“Operations for the premises shall be confined to 9.00am to 5.00pm Monday to Friday (no operation on weekends or public holidays).”

It should be noted that a “reception establishment” is a prohibited use in the 2(a) zone of the land however Council approved the use under Clause 71 of Bega Valley Local Environmental Plan 2002 (BVLEP 2002) – Temporary Use of Land, which permitted the use for a maximum period of 28 days in any one year.

On 13 January 2011 approval was issued under the Delegated Authority of the Group Manager, Planning and Environment, to modify the Development Consent in the following manner:

· Removal of the 28 day restrictions for operation of the Reception Establishment and

· Extension of the operating hours for the Reception Establishment and Educational Establishment to 7am to 6pm Monday to Friday and 7am to 2pm on Saturdays.

The removal of the 28 day restriction on the operations of the Reception Establishment was possible as a result of the site being added to Schedule 5 – Heritage Items of BVLEP 2002. Clause 62 – Conservation Incentives – allowed the Reception Establishment to be approved as a result of the heritage listing.

The current approved hours of operation for the Reception Establishment and Educational Establishment are:

            7am to 6pm – Monday to Friday
            7am to 2pm Saturday
            No trading Sundays or Public Holidays

In addition there is also a concurrent approval for use of the land as a Refreshment Room (DA No. 2011.0453). Development Consent was issued under the Delegated Authority of the Group Manager Planning and Environment, on 8 December 2011 for the use of the premises as a refreshment room. Condition 3 of the Consent limited the hours of operation of the refreshment room to:

Monday to Friday 7am to 6pm
Saturday 8am to 2pm
Sunday No trading

The applicant also lodged a Section 96 Application to Modify Condition 3 of this consent (2011.0453) to extend the operation of the refreshment room to:

- 12 midnight one day between Monday and Friday

- 12 midnight Saturdays

The application for modification was approved under delegation on 8 December 2011 for a trial period of 3 months.

The refreshment room is currently operating in accordance with the trial period hours of operation.

Details of the proposed modification

The modification seeks to extend the approved hours of operation for the Educational Establishment and Reception Establishment.

Condition 3 of the consent limits the hours of operation to:

Monday to Friday 7am to 6pm
Saturday 7am to 2pm
Sunday and Public Holidays – No trading

The proposed modification seeks approval to operate until midnight one night Monday to Friday and to midnight on Saturdays.

In support of the request, the applicant submitted that:

“Under the conservation management plan for Bismarck House, extra operating hours are needed to make this venue economically viable for future maintenance of this heritage listed building and to maintain the standard of this facility.

As the proprietors of Thornleigh on Newtown we have three different proposals we wish to pursue to extend the hours of operation of this venue.

We at Thornleigh on Newtown believe we are operating a business which is in the public interest of Bega. We are receiving patrons from the north of Dalmeny to south of Eden and people from Canberra. We have local families hosting international guests who are treating them to a dining experience with us. We are serving cuisine which is receiving glowing reports. This would be the opportunity for us to expand our business to the evening trade and provide a service to our fellow Bega community. This would allow us to accommodate the public request for night time dining. As Council staff and councillors you have the opportunity to move forward with an exciting venue for Bega with excellent views, great facilities and tremendous atmosphere for the people of the Bega Valley and surrounds. We offer a unique venue with the use of this heritage building.”

As part of the application to modify, the applicant also submitted a noise report addressing the proposed extension to the hours of operation and this is discussed separately in the report.

Description of the site

The site is described as Lot 2 DP 1083308, 187-189 Newtown Road, Bega. The site is located approximately 800 metres south of the Bega CBD. The property is elevated above Newtown Road and retains the dwelling-house known as “Bismarck House”, gardens and formal customer parking area at the rear of the site.

Vehicular access to the site is via a concrete sealed public road that also provides access to a separately owned dwelling-house at the rear of the subject land.

This access and formal parking area at the rear of Bismarck House were upgraded in accordance with conditions of this Development Consent.

The surrounding landuses are predominately residential with single dwelling-houses located to the north, east and west of the site. The Princes Motel is located to the south-west of the site and a corner store is located to the south-east.

Planning assessment

Zoning

The land is zoned 2(a) Low Density under Bega Valley Local Environmental Plan 2002. An Educational Establishment is a permitted use in the zone with Council consent.

A Reception Establishment is identified as a prohibited use in the zone. However, as outlined previously in this report, specific provision of the Plan applying to Temporary Use of Land (Cl. 71) and Conservation Incentives (Cl. 62) for Heritage Items have been utilised to approve the reception establishment use.

The objectives of the 2(a) zone are as follows:

a) To allow residential development including dwelling-houses and attached dual occupancies;

b) To maintain and enhance the character of residential areas, to promote good design;

c) To enable development which serves the needs of people in residential areas;

d) To ensure the development does not have an unacceptable impact on adjoining land, by way of shadowing, invasion of privacy, noise and the like.

Condition 3 of the consent limiting the hours of operation was imposed due to the potential impact on the residential amenity of the area and potential unacceptable noise impact on adjoining residences.

The hours of operation were supported by the noise report submitted with the application and to Council’s Manager Environmental Services and this was outlined in the initial report to Council on 23 February 2010.

It was considered that operation outside the restricted hours would not meet the objectives of the 2(a) zone.

DETAILS OF NOISE IMPACT ASSESSMENT REPORT

In support of the proposed modification, the applicant submitted a Noise Impact Assessment Report prepared by Benbow Environmental (dated September 2012).

[A copy of the report will be tabled at the Council meeting.]

The Report identifies the scope of the works as:

“This Noise Impact Assessment has been limited to the following:

· Review of proposed restaurant operations;

· Long term noise monitoring and operator attended noise monitoring during NSW EPA defined day, evening, and night-time periods;

· Assessment of potential noise impacts against relevant legislation and guidelines;

· Investigate control solutions (where necessary); and

· Provide a statement of potential noise impact.”

Whilst the scope of works refers to the proposed restaurant operations, the report includes a reference to limiting the type of functions to control the nature of an event and it’s attendees.

The applicant has submitted that in the early stages of the preparation of the report that Benbow Environmental found that potential noise impacts at the rear of the property from cars leaving the site would not comply with relevant standards unless a 3m high wall and 5m roof structure was erected along the western boundary fence line.

This was not considered an acceptable solution by the applicant due to the impact on the Heritage Item and potential impacts on adjoining neighbours.

The Noise Report submitted to Council makes the following recommendations –

· “Use of the on-site car park is strictly limited to day time hours (7am – 6pm). The exception to this is use of the disabled car parking area which has been considered in the following predictions;

· All patrons should access and depart the building via the front door after 6pm;

· The kitchen extraction fans have been reduced by a conservative 10 dB(A) sound power level (SWL) to account for the application of acoustic silencers;

· All external glazing must remain closed; and

· The use of the PA system has not been considered between the hours of 6pm and 7am (evening and night time periods). However it is reasonable to use a small speaker system for ambient music within the building if and only if the music is not audible outside of the building.

· Arrival and Departure
Signs in prominent positions throughout the premises are to be provided advising guests to leave the premises in an orderly manner taking care not to disturb the surrounding residents;

· Consultation
A simple and reasonable consultation programme, possible in the form of a letter box drop, is recommended (not strictly necessary) to be carried out prior to each evening/night time event informing the surrounding residents of the upcoming function. This is not recommended for a typical dinner service rather for specific functions that may generate higher noise levels.”

The effect of the recommendations would be that all patron parking, except for disabled parking, would be on-street. This would be potentially on Newtown Road and down Barrack Street opposite the site.

The report draws the following conclusion regarding off-site traffic noise levels –

“In addition, off-site road traffic noise levels are predicted to comply with the project specific noise limits at all considered receiver locations considering the night (9 hour) time noise limits. The potential for sleep disturbance exists based on the predicted exceedances of 55 dB(A) external criterion, however Benbow Environmental does not consider the predicted exceedances to be reasonable grounds for refusal of the Development Application given that the existing road traffic noise already frequently and significantly exceeds the 55 dB(A) external criterion.”

Planning comments

The proposed extension to the approved hours of operation up to midnight on Saturday and 12 midnight one night Monday to Friday, would require all vehicle parking to be on-street other than for disabled parking, due to the potential noise impacts from vehicles and patrons using the rear on-site parking area after 6pm. The subject land is located in a residential area and the parking of patrons cars on-street would be outside existing dwelling houses.

The report makes the following additional comments in respect to off-site noise -

Section 6-2.3.7 Comments – Predicted Off-Site Road Traffic Noise states:

“As can be seen from the above predicted results, noise emissions associated with the increase in off-site road traffic attributable to the operation of the subject site are predicted to comply at all considered receiver locations for the day (15 hour) and night (9 hour) time periods assuming the modelled scenarios detailed within Table 6-3.

However the majority of considered residential receiver locations are predicted to experience external L_Amax noise levels greater than the sleep disturbance criterion of 55 dB(A). It should be noted however that existing road traffic noise levels measured by the environmental noise logger and the operator attended noise measurements clearly indicate that existing L_Amaxroad traffic noise levels, not related to the operations of the site, frequently and significantly exceed the sleep disturbance criterion of 55 dB(A). Therefore Benbow Environmental do not consider the predicted exceedances, ranging from 1 to 8 dB(A) above the sleep disturbance criterion, to be reasonable grounds for refusal of the Development Application.”

Table 6-3 of the report is included below:

Table 6-3: Off-Site Road Traffic Modelled Noise Scenarios
Scenarios	Considerations
9	10 vehicles arrive & 10 vehicles depart from the north per hour
10	20 vehicles arrive & 20 vehicles depart from the north per hour
11	10 vehicles arrive & 10 vehicles depart from the south per hour
12	20 vehicles arrive & 20 vehicles depart from the south per hour

The Table identifies four scenarios using 10 vehicles arriving and leaving and 20 vehicles arriving and leaving. These scenarios are considered to be reflective of a “restaurant style” use where patrons generally arrive and depart in smaller groups at staggered times. However, it is considered that these scenarios do not address a reception establishment use where patrons would usually arrive at a scheduled time and depart at the end of a function.

This would include up to 76 patrons leaving the premises at 11pm accessing vehicles parked on-street outside residences.

The noise report already identifies that residential receivers would experience noise levels greater than the sleep disturbance criterion of 55 dB(A), which is considered to be unacceptable.

However this is based on a restaurant type scenario, not a reception establishment use. It is considered that the potential noise impact would be much greater using the scenario of patrons leaving en masse at the end of a function. This is supported in the recommendations of the report regarding special functions.

It should be noted that staff considered the conclusions and recommendations of the noise report when issuing a 3 month trial for the extension of hours for the restaurant (DA No. 2011.0453).

It is considered that the potential impact on residences in the area from noise impact would be unreasonable.

Submissions

The modification was placed on exhibition for a period of 14 days from 17 October 2012 to 31 October 2012. A total of 2 submissions objecting to the proposed modification were received.

The key issues raised in submissions are discussed below followed by staff comment.

A copy of the submissions will be available at the Council meeting.

1) “I totally oppose the modification to the hours of operation as they will cause more conflict to me and my family. Currently the constant coming and going of cars, the constant noise and headlights shining into my house already cause significant impact. Any extension in hours would only increase the impact and stress.”

COMMENT : The objector’s residence shares the access road and adjoins the rear customer carpark. The noise assessment report recommends that the rear carpark be closed at 6pm due to potential noise impacts from increased hours of operation.

The application for modification of hours of operation is recommended for refusal.

Issues raised regarding current impacts will be followed up separately.

“I object to an extension of trading hours on the grounds of the potential for disturbance by noise until midnight on the grounds that such an allowance is contrary to the largely residential nature of the neighbourhood.”

COMMENT: The recommendation to the report is refusal due to the potential noise impact on residences and impact on the residential amenity of the area.

conclusion

The approved use of the land is for an educational establishment and reception establishment.

Condition 3 of the consent, as modified, limits the hours of operation to:

Monday to Friday 7am to 6pm
Saturday 7am to 2pm
with no operation Sundays or Public Holidays

The restriction on hours of operation was imposed to protect the residential amenity of the area and address potential noise impact on adjoining residences.

The application for modification also seeks approval for an extension of the operating hours to:

12 midnight one night Monday to Friday
12 midnight Saturdays

In support of the application for modification, the applicant has submitted that the hours of operation are needed to make the venue economically viable to support the future maintenance of the heritage listed building and standard of the facility.

The application for modification was supported by a Noise Impact Assessment Report prepared by Benbow Environmental.

The noise report recommendation includes closing the rear customer carpark at 6pm, other than for the disabled parking. This would result in all parking being on-street in what is predominately a residential area.

The noise report concluded that there would be an impact on residential receivers from exceedance of the 55 dB(A) sleep disturbance criteria based on existing background noise levels and predicted noise levels from the on-site parking. The noise report further states that notwithstanding, this exceedance should not be grounds for refusal of the modification.

Staff do not agree with that position. As outlined in this report, the site is within a residential zone. The objectives of the zone include the protection of the residential amenity and to ensure that development does not have an unacceptable impact on adjoining land.

It is considered that any exceedance of the sleep disturbance criteria which would affect adjoining residences from on-street parking would be unacceptable and contrary to the zone objectives.

Further it is considered that the criteria used in the noise report relates to a restaurant type use and does not specifically address a reception establishment type use where patrons are more likely to arrive and depart, en masse, at the same time. It is considered that this type of use would have a more significant impact on the residences in the area.

The application for modification is recommended for refusal.

ATTACHMENTS

1 View. 2009.0004 Locality Plan

Recommendation

That the application to modify Condition 3 of Development Consent No. 2009.0004, being for an Educational Establishment and Reception Establishment, Newtown Road, Bega be refused for the following reasons:

· The proposed modification is contrary to Clause 20 2(b) of Bega Valley Local Environmental Plan 2002 as the proposed modification does not meet the objectives of maintaining and enhancing the character of the residential area.

· The proposed modification is contrary to Clause 20 2(d) of the Bega Valley Local Environmental Plan 2002 as the proposed modification does not meet the objective of ensuring that the development does not have an unacceptable impact on adjoining land.

· The proposal would generate unacceptable noise impacts from patrons which would be incompatible with the existing residential amenity and character.

Council 16 January 2013 Item 10.2

10.2. Merimbula CBD Lands

Presentation of the outcome of request for proposals related to the development of Council owned assets within Merimbula town centre.

General Manager

Background

Council initiated a Request for Proposals (RFP) in late September 2012 to identify the extent of interest that could initiate developments of council property within Merimbula town centre. The RFP closed on 1 November 2012. Subsequently consultations were arranged with the Merimbula Chamber of Commerce and members of the community. This paper presents the outcome of the RFP process and summarises consultations. A separate councillor memo will be issued as the submissions received contain commercial in confidence terms.

The development initiative follows adoption by the previous Council of the Merimbula Traffic Strategy (2009), Land Investment Strategy (2011), and Merimbula Town Centre Assets (2012). All these initiatives were based on the ability to develop key assets through a process of maximising returns (financial, community, environmental) to the community through highest and best use of these assets.

Council has a number of key sites within Merimbula town centre which have been identified for consideration for future redevelopment in accordance with the Comprehensive Local Environment Plan (CLEP), Land Investment Strategy (LIS), and Merimbula DCP and in particular its vision, objectives and principles. The need to undertake a holistic view of the entire sites within Merimbula is necessary as all the sites fall within a small area in the town centre and are all linked through uses and services.

The LIS was guided by the need to look at alternative sources of revenues in line with the recommendations of IPART. The LIS sought to ‘promote opportunities and identify actions to sell, develop, lease or partner with other parties to realise one-off or perpetual financial or community returns, as an alternate to using general rate revenues.’

The adoption of the Merimbula Traffic Strategy in 2009 earmarked sites for retention, sale or development to improve traffic and car parking in the CBD. The Strategy informed the decisions regarding the Mobil site acquisition and Main Street service road VPA.

The purpose of that Strategy was to ease traffic congestion and improve carparking options in the CBD, in turn opening up opportunities to convert areas of the CBD and streetscape into pedestrian friendly public domains. The proposed CBD public domain masterplans, and subsequent progressive works will improve access and visual aesthetics, enabling the CBD to be attractive to visitor and residents, in turn increasing lifestyle and retail activity in the CBDs.

Since 2009/10, Councillors have considered options to sell, lease or develop the Main, Palmer, Alice and Cabarita Street sites at workshops, considered an economic feasibility report, independent valuations, legal advice and development scenarios, and inspected the sites.

Discussions had been held with property owners adjacent to the Palmer Street carpark during that period, progressing to precinct concept plans for retail, commercial, tourism and parking uses to potentially inform the LEP/DCP review and stimulate the proposed CBD bypass and decking of the carpark.

The potential sale, lease or development of the Main Street site has been progressed following the relocation of the Merimbula Library and negotiations to construct a service road at the rear of the property, under a planning agreement (VPA) between Council, Merimbula Imlay Bowling Club (MIBC) and Merimbula Nominees (MN) since Council’s decision at its meeting on 18 October 2011.

At its meeting in March 2010, having considered valuations and feasibilities, Council authorised the General Manager to prepare documentation for EOI to offer the Main Street, Palmer Street and the Market Street properties to the market; and commission the preparation of a financial model for the construction of the road and car parking proposed in the traffic strategy, as well as complementary public domain improvements, and used to inform the development contribution plans. Unfortunately that EOI process was deferred pending adoption of the LEP (June 2012), which triggered improved heights and densities.

Council subsequently considered scenarios to negotiate the purchase of adjoining land in Main Street or works in kind with adjacent land owners, to prepare a site for a library, community meeting space and/or car parking.

Further the Councillors were presented at a workshop on 17 July 2012:

· Alternate development prospects and indicative costs to construct a 500m2 library and community meeting space and car parking on the Main Street site or adjacent property/s

· Indicative returns from sale of Main Street site

· Options & process to sell or negotiate a works-in-kind deal with the library site, & likely returns

· Options to place funds from proceeds into s94 account to use on another CBD carpark

· Options & costs to facilitate basement parking & access to Main St sites

· Options & costs to deck Parker carpark, & provide access from Merimbula Drive

The Request for Proposals (RFP) that was initiated is a part of two stage process that entails an initial market testing, and a final process of development or property sale option. A summary of the RFP process is detailed below:

Description	Timelines	Comments
Advertisement	27 September 2012
Site visit and briefing sessions	17 October 2012
RFP Closed	01 November 2012
No of Submissions		Three submissions were related to partnerships and development management
Community Consultation	04 December 2012
Meeting with Merimbula Chamber of Commerce	11 December 2012

This report presents the outcome from the request for proposals received and makes recommendations to Council on the future of these sites.

Merimbula Town Centre

Council has a number of property assets within the town centre of Merimbula that includes car parks, and former library. Council is in a position to utilise its properties to stimulate development activity and revitalise the town centre through a mix of joint ventures, planning agreements or utilisation of proceeds to undertake works in the public domain (such as green space, boardwalks), or provide renewed or new public facilities (such as library, meeting rooms, decked carparks).

A separate report will be presented to Council recommending preparation of CBD public domain masterplans in 2013, in advance of the Bypass and Streetscape works in coming years.

Councillors have signalled a desire for Council to develop the Mobil site as a potential commercial/tourism accommodation/community facility, once the Bypass has subdivided around one-third off the site.

While commercial exploitation of these assets is the intended aim, it is also important to consider the community needs, planning regulation and overall vision for the town, as outlined in the DCP. There has been interest expressed by the community to retain the balance of the site as green space.

ISSUES

Proposed Development Process

At the outset, a two stage development process was initiated. The first stage involved an invitation to property developers through local and national papers. It involved a process to determine what interest exists within the property development industry that could contribute to the Council’s objectives to revitalise Merimbula town centre.

The second stage of the development process entailed a process of Council moving forward with interested parties through a number of options that include: tender; auction; public private partnerships (PPP), or joint ventures.

Development process

The overall development process for these assets is as shown below:

Legal

No obligations with external parties exist at the moment.

Policy

No policy implications are envisaged at this stage of the development process. Should the Council move into either joint venture or Public Private Partnership (PPP) then separate legislative requirement will be triggered. This might require consultation and approvals from the Division of Local Government.

Asset

There are a number of properties that the council owns within Merimbula town centre and its vicinity. The list of assets along with the respective areas and classifications is as follows:

Property Description	Physical address/Lot DP	Area (in sqm)	Classification
Merimbula Library	103-105 Main Street; 946/604076	3,567	Operational
Mobil Station Market Street	12/567260; A/201599; 1/163768; 2/91361	1,511	Classified Operational upon settlement
Alice Street car park	2/1090625	3,326	Operational
Park Street car park	5/252400	3,499	Operational
Park Street car park	7/252400	2,922	Operational
Cabarita Place car park	9/285146	1,081	Operational
Total		15,906 sq.m

Submissions

Proposals received for the five sites are as follows:

Site: Merimbula Library (Main Street)

Area: 3,567 (sq.m)

There were two submissions received for this site.

Both submissions made have proposed mixed use of the site along with the primary use of the site for community purposes. The two submissions advocated a joint approach to the development of the site through a process of joint master planning for the plots in the vicinity and creating a new business and commercial hub on Main Street. This provides Council as owner an opportunity to leverage on its current site to form a much larger precinct that adds value to the land and positions it to multiple uses.

Site: Former Mobil Station (Market Street)

Area: 1,511 (sq.m)

This site received a single submission.

The Mobil station site was recently purchased once site remediation by Mobil, certified by an independent environment consultant, was complete.

This submission proposes two ways that could enable better utilisation of the existing site. The first proposal is for land swaps to improve traffic for the proposed Merimbula Bypass. This submission proposes that the alignment for the Merimbula bypass be sufficiently adjusted to be in line with traffic conditions. The proposal entails the Council swap land with another landowner. The second proposal is related to the ultimate use of the site. Should the site be used for a park, the proposal submitted envisages part of the site to be used as terrace/access for neighbouring lots.

Site: Alice Street Car park

Area: 3,326 (sq.m)

This site received a single submission.

The submission proposes acquisition of part of the site. Further details of the submission are available in the councillor confidential memo due to confidentiality of the submission.

Site: Park Street Car park

Area: 6,421 (sq.m)

This site received a single submission.

The submission proposes partnership and acquisition for the site. Further details of the submission are available in the councillor confidential memo due to confidentiality of the submission.

No submissions were received for the following sites:

1. Cabarita Place Car park

Economic

The submissions received provided a realistic feedback on the current state of the real estate sector. With the slowdown in retail sector and the changed tourism patterns of the South Coast it is necessary to recalibrate the various options available to the Council, including a process of increasing value through an initial precinct masterplan approach for the Main street site and a process of finalisation of the Merimbula bypass to define the extent of proposed bypass.

The optimum time to effectively decide on outcomes for these sites will hinge on prudent sequencing of the Councils initiatives that include the completion of the Merimbula airport infrastructure works, town renewal initiatives and finally the Merimbula bypass.

Strategic

While the submissions have provided the initial exchange with interested parties, it also provided the Council an opportunity to structure the development process of the various lots within the CBD. This will enable release of these plots of land in a timely manner that maximises returns through close interaction between the development potential, property market and development in the vicinity.

It is also envisaged to undertake the necessary groundwork through a non-binding masterplan development for the two main sites that have shown promise: Main Street and Market/Palmer Street. This would require that the Council develop precinct master plans in partnership with land owners in the vicinity. Through this process of completing the necessary infrastructure, development of master plans and CBD renewal process it would then be possible to have assets that have potential to be valuable to developers and investors, and creates greater certainty related to the development potential including zoning, land uses, allowable build areas and approval process.

Shown below is the process proposed for the development of the sites in Merimbula CBD:

Consultation

Consultation was undertaken with members of the community and the Merimbula Chamber of Commerce. A summary of the consultations is as shown in attachment A. A submission was also received from a member of the community, Mr Wolfgang Kasper on the former Mobil site. The submission is shown in attachment B.

Consultations with the Chamber of commerce centred on the Council’s strategic directions for improvements into the town centre and more specifically on the Council’s plans for the former Mobil site. The chamber of commerce advocated the possibility of turning the site into a park, maximising the green spaces within the town centre to facilitate more business into the town and provide space for visiting families.

Financial

Major costs associated with the process of precinct development are through master planning at the initial stage. Other costs associated with development including fees for conveyance, solicitors, valuations and consultants will be known on finalisation of plans. Costs related with the master planning phase will entail the Council to contribute towards the appointment of master planners on cost share basis with other vendors. The property reserve and returns from sale of minor parcels placed on the market once the LEP is gazetted, will fund that process.

Conclusion

A number of options for the development of certain assets within the Merimbula CBD have been presented. Each of the sites has received unique proposals that would require the Council to further engage with developers and investors.

The main conclusions from this process of engaging the developers and investors have been:

· Prudent sequestering of development

· Completing necessary development plans to fruition through master planning

· Completing necessary CBD bypass and town renewal (via public domain masterplan) before finalising the development process of the sites

At all stages during the development process, the Council will determine the timing and terms for further consideration of any development and what process it should go through in offering a further opportunity.

ATTACHMENTS

1 View. 2013.01.16 Merimbula CBD lands attachment

Recommendation

That Council consider the options proposed for each of the sites as set out in the memo.

Contact	Phone	Email	Website
Bega Valley Shire Council	(02) 6499 2222	council@begavalley.nsw.gov.au	www.begavalley.nsw.gov.au
ICAC	8281 5999 Toll Free 1800 463 909	icac@icac.nsw.gov.au	www.icac.nsw.gov.au
Division of Local Government (DPC)	(02) 4428 4100	dlg@dlg.nsw.gov.au	www.dlg.nsw.gov.au
NSW Ombudsman	(02) 8286 1000 Toll Free 1800 451 524	nswombo@ombo.nsw.gov.au	www.ombo.nsw.gov.au

	Item no & subject
	Interest (tick one)	Pecuniary interest Non-pecuniary conflict of interest
	* Nature of interest
	If Non-pecuniary (tick one)	Disclose & vote Disclose & not vote Leave chamber

	Item no & subject
	Interest (tick one)	Pecuniary interest Non-pecuniary conflict of interest
	* Nature of interest
	If Non-pecuniary (tick one)	Disclose & vote Disclose & not vote Leave chamber

Funding source		Amount
Budget – community services	$	3310.00

Funding source		Amount
Community development adopted budget	$	5,000

Council	16 January 2013
*Item 8.1 - Attachment 1*	*Proposed development plan - Site Plan*

Council	16 January 2013
*Item 8.1 - Attachment 2*	*Proposed development plan - Revised Elevations*

Council	16 January 2013
*Item 8.1 - Attachment 3*	*Locality Plan*

Council	16 January 2013
*Item 8.1 - Attachment 4*	*Traffic Development Advisory Committee Minutes 7 December 2012*

Council	16 January 2013
*Item 8.1 - Attachment 5*	*Economic Impact Assessment Peer Review - Hill PDA*

Council	16 January 2013
*Item 8.2 - Attachment 1*	*2009.0004 Locality Plan*

Council	16 January 2013
*Item 10.1 - Attachment 1*	*Proposed plan for subdivision for Cobargo Sewage Treatment Plant site*

Council	16 January 2013
*Item 10.1 - Attachment 2*	*Plan of subdivision registered 18 February 2009 for Cobargo Sewage Treatment Plant site*

Council	16 January 2013
*Item 10.1 - Attachment 3*	*Letter from Cobargo Showground Trust dated 11 May 2009 for approval for Cobargo Sewage Treatment Plant*

Council	16 January 2013
*Item 10.2 - Attachment 1*	*2013.01.16 Merimbula CBD lands attachment*

Signed
Print Name	Councillor

No.	Issue	Information	Community Suggestions	Actions
1	Former Mobil Station (Market Street)	1 submission and a number of comments	Submission: A formal submission was made by Mr Wolfgang Kasper. This submission proposed a European Civilisation Monument to be built preferably in the former Mobil site or failing that in the Main Street site. An important rationale argued by Mr Kasper was to put Merimbula as one the earliest regional towns with cultural and historical monuments. The community has engaged with the ultimate development proposed for this site. A number of comments proposed that the site be developed as a park that could have multiple uses for the community. The comments also pointed to the absence of “green lung” for the CBD and advised that this is an opportunity in a generation to give back to the community.	1. The former Mobil site will be impacted by the proposed Merimbula bypass (about 33% of plot size). 2. Any proposal or development route will be known post the finalisation of the bypass
2	Former Merimbula Library (Main Street)	1 submission and a number of comments	1. Proposal to turn it into a European civilisation monument. Addressed as above	1. The monument site could be located in a number of sites within the CBD either individually or in clusters.
3	Merimbula CBD-wide comments	Comments	1. Increased green space to add vibrancy and engagement to the overall town environment. 2. There should be developments in Merimbula CBD that will stimulate a diverse and stable economy. A number of comments were made that pointed to Merimbula’s continued reliance on Tourism. Creative and cultural sectors were cited as potential growth opportunities for Merimbula. 3. Development to be planned for access. This arose due to the current mismatch along the market street developments. 4. Improve vibrancy of the town through a number of initiatives that include holding of festivals, tourist events. 5. There should be multiple use of green spaces. 6. Developments to reflect the character and identity of the town.	1. Merimbula will gain from the location of the NBN satellite station providing access to high-speed connectivity. 2. The development of the Merimbula library is an opportunity to have a technological and learning centre within the library precinct. This can act as incubator for knowledge industry sectors.

Council	16 January 2013
*Item 11.3 - Attachment 1*	*Plan of land acquisition required from Lot 36 DP787823*

Criteria	Description	Weighting
Non-Financial Criteria
Experience with works of a similar nature and value, as a company and with proposed individuals	Similar recent pipe bursting projects Proven track record Qualifications and experience of project and site manager	15%



Previous contractual performance	Referees, previous contract reports regarding standard of work/quality, contract administration, cooperative relations, time management, safety and environment	20%
Resources and understanding of the work	Risk/Contingency allowances, Methodology and Tender program	5%
	Non–Financial Criteria Subtotal	40%
Financial Criteria
Total Extended Schedule of Rates and Lump Sum Items, including any discount for awarding all of the work in one contract	Total amount offered in Tender Schedule 2	60%
	Financial Criteria Subtotal	60%

Funding source	October	November	December
General Fund	$35,867,032	$33,633,178	$41,137,322
Water Fund	$8,749,118	$8,749,118	$8,749,118
Sewer Fund	$5,844,348	$5,844,348	$5,844,348

Council	16 January 2013
*Item 12.3 - Attachment 1*	*2013.01.16 ATTACH Certificate of Investment Report December 2012*

Centres Hierarchy	Commercial centres servicing the South Coast	Key functions of centre
Major Regional Centre	Nowra-Bomaderry, Batemans Bay and Bega	Provide for the majority of growth within the Region. A concentration of medium and higher density living, business, employment, professional services, specialized shops and associated warehouses, transport logistics and bulky goods operations. Focal point for sub-regional road and transport networks
Major Town	Ulladulla, Moruya, Narooma, Merimbula, Vincentia district	Existing smaller centres identified for a lesser proportion of growth. Provide a shopping and business centre for the district, including warehouses, transport logistics, bulky goods operations, health and professional services, mixed with medium density residential.
Town	Examples include Eden, Pambula, Berry, Milton and Bermagui (to be applied to all relevant centres by council)	Small centres that vary in size. Small to medium concentrations of retail, health and other services with lower density residential. Reliant on higher order centres for shopping and employment

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