Agenda of Council - 14 October 2015

Council 14 October 2015

Item 8.1

8.1. DA No. 2013.373: 33 lot subdivision - Tathra River Estate, Thompson Drive Tathra

Group Manager Planning and Environment

Applicant	Cowman Stoddart Pty Ltd
Owner	Linkwood Nowra Pty Ltd
Site	Lot 2 DP 582074, Thompson Drive, Tathra
Zone	Part 2(a) Low Density Residential, 2(c) Residential Tourist, 1(a) Rural General, 7(b) Environment Protection Foreshore, 6(a) Existing Open Space under BVLEP 2002
Site area	130ha
Proposed development	33 Lot Subdivision

Precis

Council is in receipt of an application to subdivide Lot 2 DP 582074 into 32 rural residential style allotments, a public reserve and a residue lot.

The land is the subject of a masterplan approved in 2013 by the then Department of Planning and Infrastructure, now the Department of Planning and Environment (the Department) and is a deferred matter under Bega Valley Local Environmental Plan 2013 (BVLEP 2013).

A total of 22 submissions were received from 16 individuals during the public exhibition period.

The application is reported to Council for determination on the basis of the broader public interest considerations for the land.

The DA is recommended for approval, subject to conditions.

Description of the proposal

The proposal consists of the subdivision of Lot 2 DP 582074 into 32 allotments, varying in size from 3,987.3m² to 17,692m² with a proposed reserve dedication of 22.16 hectares and a residue allotment of 74.70 hectares.

The proposed subdivision would be constructed in two parts, with the first stage comprising Lots 1-18 and the second stage comprising Lots 19-32 plus the residue lot and reserve dedication.

It is proposed all access to the subdivision will be provided via Thompson Drive from Tathra Road. Internal access will be via a number of new roads off Thompson Drive and Wheeler Avenue.

The Subdivision Plan is provided as Attachment 1 to this report.

Description of the site

The site comprises a total of 130 hectares located on a peninsula between the Bega River Estuary and Blacka Ada Swamp. The land adjoins 63 residential allotments that were previously developed along Thompson Drive and is known locally as Tathra River Estate.

The land that is the subject of this DA is located to the north and east of the existing residential development.

The land is dominated by an elevated ridge crest visible from surrounding areas, the Bega River and the coast. The topography generally slopes to the Bega River and adjoining coastal wetlands (identified under SEPP14 – Coastal Wetlands). It is a sensitive coastal location as identified by SEPP 71.

The site has been extensively cleared with a long history of grazing.

A Locality and Zoning Map is provided as Attachment 2 to this report.

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. Council staff has highlighted 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 Council meeting.

Zoning

The site is a deferred matter under Bega Valley Local Environment Plan 2013 (BVLEP 2013) with the provisions of Bega Valley Local Environmental Plan 2002 (BVLEP 2002) applying.

A Planning Proposal, prepared in accordance with the Council resolution for zoning of the land, is currently with the Department for consideration. The Planning Proposal aims to zone the land R5 Large Lot Residential Zone with a minimum lot size of 5,000m², with the exception of the river flats which are proposed to be zoned RE1 Public Recreation and an E2 Environmental Conservation Zone around the Bega River foreshore and wetland areas.

The subdivision layout would be consistent with the proposed zonings, however the lot size would need to be amended should this application be approved.

The site currently comprises a mix of zones under BVLEP 2002, including:

1(a) Rural General;

2(a) Residential Low Density;

2(c) Residential Tourist;

6(a) Existing Open Space; and

7(b) Environmental Protection Foreshore.

Attachment 2 to this report provides a zoning map extract indicating the current BVLEP 2002 zones applying to the subject site and the adjoining zones which are zoned under the provisions of BVLEP 2013.

The allotments are located within those areas of the site currently zoned 2(a) Residential Low Density and 2(c) Residential Tourist.

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 services the needs of people in the residential areas

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

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

(a) To provide for a variety of development opportunities intended to accommodate tourists, visitors and residents alike, and

(b) To ensure that the scale and function of tourist development is appropriate in the context of the form of development which might otherwise occur in the zone

(c) To ensure that tourist development does not significantly adversely impact on the amenity of the residential areas in adjacent zones and is of a scale appropriate to the need for that development.

The proposal, as assessed, is considered to be consistent with the objectives of the 2(a) and 2(c) zones, for the reasons highlighted in this report and the Section 79C Report.

Strategic context

State Environment Planning Policy (SEPP 71) masterplan

The subject land is located in the NSW Coastal Zone and as such triggered the requirements for the preparation of a masterplan under the provisions of the SEPP 71 (Coastal Protection).

A masterplan is required for “subdivision of land within a residential zone, or a rural residential zone, if part or all of the land is in a sensitive coastal location, or subdivision of land within a residential zone (that is not identified as a sensitive coastal location) into more than 25 lots, or 25 lots or less (if the land proposed to be subdivided and any adjoining or neighbouring land in the same ownership could be subdivided into more than 25 lots)”.

The approved masterplan sets out, in broad terms, a scheme or framework to guide future plans and is in itself not a statutory or legal document.

This site was also considered in the South Coast Sensitive Urban Lands Review, 2006 (The Review) prepared by an independent Panel chaired by Andrew Refshauge. The Review identified a number of site constraints and a significantly higher yield based on connection to the existing Tathra sewage treatment plant, a concept which has since been found to be unviable. The issues raised by The Review were addressed in the approved Masterplan.

The development application now before Council is considered to be generally consistent with the approved masterplan in terms of the allotment design, achieving suitable buffers to environmentally sensitive areas, ensuring the protection of Aboriginal archaeology, improving access to foreshore areas, providing suitable effluent management and stormwater controls.

Issues

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

Environmental impacts

Flora and fauna

The subject site has been predominantly cleared and grazed as pasture lands for many years and exotic pasture with scattered remnant trees is the predominant community. The majority of the impact would be on Coastal Gully Shrub Forest which is not an over cleared vegetation type or an Endangered Ecological Community (EEC).

There are some areas of the site that continue to support native vegetation, and there are also three EECs on the site which include Lowland Grassy Woodland, Swamp Sclerophyll Forest and Coastal Saltmarsh. The proposal has been designed so as to avoid any direct impacts on such and the impact on EECs is expected to be negligible.

Fauna habitats are typically associated with grazing lands and remnant forests fringing estuarine habitats. The site supports a number of hollow bearing trees and a variety of water habitats including relatively undisturbed estuarine habitats.

The wetlands within and surrounding the site and adjoining grassy habitats, provide potential habitat for the Green and Golden Bell Frog. The Flora and Fauna Assessment conducted by Ecological Australia reported no evidence of the species was detected during the survey period, despite considerable targeted surveys.

No threatened fauna species were recorded on the subject land during the survey period and the report concluded the site is not generally expected to provide any critical habitat resources for any fauna species of conservation significance.

Council’s Environmental Services staff has assessed the application and identified there is potential for micro bat usage within the identified hollow bearing tree on proposed Lot 25. The applicant was requested to identify the subject tree on the subdivision plan to ensure it is located outside of the building and effluent disposal envelope. A restriction-as-to-user is recommended to be placed on Lot 25 to ensure adequate protection of this tree.

Staff have also identified there is potential for the saltmarsh to the north of the study area to be used as a nesting area for White-fronted Chats. The amended road layout in this northern part of the subdivision has resulted in allotments being located further away from the identified area of Coastal Saltmarsh and therefore this area would remain as part of the residue lot and would not be impacted upon by subdivision construction activities.

Buffers to sensitive environmental areas and connectivity

The proposed subdivision design has evolved over the course of the Department’s consideration of the masterplan and during the development application assessment process. As a result, an allotment design and configuration has been achieved that provides suitable buffers to the identified environmentally sensitive areas, particularly the SEPP 14 wetlands to the east of the subdivision and the adjoining Crown land to the south. This maintains connectivity and enhances buffers to those sensitive environmental areas.

Effluent management

The subject land is located outside of Council’s Development Servicing Plan (Sewerage Services). As such, onsite effluent management is required for the proposed subdivision. Council’s Development Control Plan 2013 (BVDCP 2013) requires subdivision design to provide buffers to environmentally sensitive areas, nominated waterways and drainage lines.

The site characteristics of the subject land have been taken into account when assessing this application. As such, the onsite effluent management systems proposed for the subdivision have been located greater than 100 metres from environmentally sensitive areas (which includes the SEPP 14 wetland areas), 150 metres from nominated waterways (being the Bega River) and 40 metres from drainage lines.

The one exception to these standards is the effluent disposal envelope for proposed Lot 4, which is located within 150 metres from the Bega River. However, the topography of the site is such that the contours slope to the north (away from the River) and therefore the proposed location of the effluent disposal envelope for this allotment is considered to be acceptable.

Proposed Lot 13 has also been identified as a constrained allotment in terms of proximity to the accepted 8.0m AHD Flood Planning Level and an adjoining drainage line. In order to satisfy Council’s requirements in relation to suitable setbacks to environmentally sensitive areas, a restriction-as-to-user is recommended for Lot 13 to ensure any future dwelling and effluent disposal area is above 8.0m AHD, which is possible with a minor redesign of the envelope locations.

The type of effluent management systems required for the subdivision have been detailed in a Water Cycle Management Study, prepared by Strategic Environmental and Engineering Consulting (SEEC), dated September 2013. Council staff concur with the recommendations of the SEEC report and compliance with those recommendations would form a condition of any subsequent development consent.

Traffic generation and impact on road network

Tathra Road/Thompson Drive intersection

The intersection of Tathra Road and Thompson Drive has been the subject of a Traffic Impact Assessment, prepared by ARC Traffic and Transport, dated February 2012 and a Review of Traffic Issues also prepared by ARC Traffic and Transport, dated September 2013.

It has been concluded that an upgrade of that intersection treatment is required, as a result of the proposed subdivision. The NSW Roads and Maritime Services (NSW RMS) have assessed the proposal and details of the required intersection upgrade are provided later in this report, under Consultation.

Thompson Drive construction

In relation to the adequacy of the existing Thompson Drive formation, Council's Design, Development and Traffic Coordinator has assessed the proposal and is satisfied with the existing formation and standard of the section of Thompson Drive between Tathra Road and Riverview Crescent.

Traffic calming measures

It is acknowledged the speed environment from Riverview Crescent north throughout the existing estate needs to be addressed. Although this area is a signposted 50km/h precinct, concerns raised in submissions report that vehicle speeds are often in excess of the signposted speed. This issue has previously been raised with the Local Traffic Committee and has been brought to the attention of local police through that Committee.

It is considered appropriate, with the increase in daily traffic movements likely to be generated by the development, that suitable traffic calming measures be incorporated into the road network. As such, Council staff recommends the following measures be included in any development consent issued in relation to the subdivision:

· Construction of a sealed type BAL intersection treatment at both junctions of Thompson Drive and Riverview Crescent (that is, north and south);

· Creation of ‘choke points’ at the existing concrete access driveways of Lots 8 and 38, 12 and 35, 18 and 30 in DP 261473;

· Construction of a sealed type BAL intersection treatment at the junction of Thompson Drive with Wheeler Avenue;

· Creation of ‘choke points’ within Wheeler Avenue at the existing concrete access driveways of Lots 25 and 26 in DP 261473.

Attachment 3 to this report illustrates the proposed locations for the road treatments recommended by assessing staff.

Bus route

Currently, the school bus route within Tathra River Estate circuits around ‘the island’ of Riverview Crescent and Thompson Drive. As a result of the proposed subdivision and the extension of Wheeler Avenue (which would be required to be constructed to a bus route standard) the school bus route would be able to be extended to service the length of Thompson Drive, making the estate more accessible for public transport.

Hazards and site constraints

Bushfire

The subject site is classified as Bushfire Prone Land for the purpose of the Rural Fires Act 1997 and therefore the proposed development constitutes Integrated Development, as a Bushfire Safety Authority is required from the NSW Rural Fire Service (NSW RFS).

The proposed subdivision has been designed in accordance with the provisions of Planning for Bushfire Protection Guidelines and satisfies the NSW RFS requirements. As such, NSW RFS have issued their General Terms of Approval in relation to the subdivision, subject to conditions relating to the provision of suitable Asset Protection Zones (APZ’s) with a restriction required to be placed on the title of each allotment specifying the required APZ’s, the suitable provision and location of water (in this case rainwater harvesting with suitable pumps and fittings), gas and electricity supplies and ensuring public road access complies with the Planning for Bushfire Protection Guidelines, in terms of width, turning radii, grades and crossfalls.

Additional clarification was also sought from NSW RFS in relation to one of the specific concerns raised in submissions, that being whether an Emergency Evacuation Plan was required for the subdivision.

The Department noted that this issue was raised in public submissions during the masterplan process and recommended at that time that it would be appropriate for Council to consider other matters in a bushfire emergency strategy such as evacuation on-site, at the Development Application stage.

NSW RFS have responded by advising the following;

“Section 4.1.3 of Planning for Bushfire Protection 2006 nominates the standards for subdivision. Emergency evacuation planning is not a standard identified in this planning control and is not required as part of the assessment process for a Bush Fire Safety Authority. Unless a subdivision was a community title subdivision I am not sure how a subdivision specific emergency plan could be applied to each lot. The specific standards for subdivision are Asset Protection Zones, Public Roads, Property Access, Fire Trails, and Services – water, electricity and gas”.

From the NSW RFS perspective, the subdivision design adequately meets the Planning for Bushfire Guidelines and an Emergency Evacuation Plan is not required for this subdivision, and therefore has issued their General Terms of Approval.

The NSW RFS General Terms of Approval would form an appendix to any development consent issued in relation to the subdivision.

Flooding and Sea Level Rise

The Bega River Estuary Management Plan 2011 recommended future development around the estuary should be above the RL 4.0 m AHD contour until such time that a formal Flood Study and Floodplain Risk Management Plan can be developed to better direct future development constraints. In 2014 the Bega and Brogo Flood Study was completed, which identified varying preliminary Flood Planning Levels for each side of the Tathra River Estate peninsula, being in the order of 8.0m AHD for the western and southern portions of the site and 5.0m AHD for the eastern portion of the site (adjoining the wetland areas).

The Flood Planning Level that has been applied to this subdivision is 8.0m AHD which is considered to correlate to the findings of the most recent flood study. The subdivision has been designed to ensure all building and effluent envelopes are located above 8.0m AHD with the exception of proposed Lot 13, as mentioned previously in this report. A suitable condition of consent is recommended to ensure any future dwelling and effluent disposal envelope is located above 8.0m AHD.

Council staff consider that the proposed subdivision to be acceptable in terms of providing flood free building and effluent envelopes and site access.

Contamination

A preliminary contamination assessment was conducted for the site for the purpose of the provisions of State Environmental Planning Policy No. 55 (Remediation of Land) due to the history of the land being used for agricultural purposes. The Contamination Assessment concluded the investigation revealed very little evidence to suggest that Lot 2 DP 582074 could be potentially contaminated and further investigations were not recommended. It was noted that minor herbicide contamination could exist in the surface soils around the site however such contamination is unlikely to persist beyond one (or at maximum two) growing seasons.

Council staff considers that the proposed use of the land for the purpose of residential accommodation is suitable and remediation of the land is not required.

Acid sulphate soils

The potential for acid sulphate soils exists within the low lying swamps on the eastern periphery of the subject site and in the low lying banks of the Bega River. No works are proposed in these areas of the site and the subdivision design would not impact on those areas. Therefore it is concluded that, for the purpose of Clause 6.1 of the Bega Valley Local Environmental Plan 2013, an Acid Sulphate Management Plan is not required for the proposed development.

Stormwater management

A concept Soil and Water Management Plan, prepared by SEEC, has been provided as part of the subdivision design which contains suitable controls to adequately manage stormwater during construction and post-construction.

Water Sensitive Urban Design principles would be incorporated into the future dwellings on the proposed allotments, including rainwater harvesting and suitable effluent disposal management.

As this development is a rural residential style subdivision, inter-allotment drainage is not generally required. However through consultation with the Applicant during the assessment process, Council staff has sought the dedication of drainage reserves and easements at suitable locations throughout the subdivision. Council staff considers these drainage networks to suitably cater for the existing and proposed allotments.

Concern has been raised in submissions in relation to the ability of the existing development to discharge water on to the proposed downstream allotments. In relation to overland flow, it is accepted that downstream properties must naturally receive such waters. The problem arises when the overland flow is converted to a concentrated flow, released to a single discharge point. Where existing properties are currently discharging in a concentrated flow, it would be the individual landowner's responsibility to incorporate measures to disperse the water so that it returns to a natural overland flow arrangement.

Visual impact

The NSW Coastal Design Guidelines recognise Tathra as a ‘coastal village’ and outlines issues and opportunities to be considered for any new developments in such settlements, including the need to ensure new development is integrated with the natural features of a site, respects the distinctive natural features of coastal villages and ensures an appropriate scale in new development.

It is recognised whilst the site is visually prominent from the Bega River, its separation distance from the main road and the intervening bushland to the township of Tathra limits the sites exposure from existing settlement areas. However, it is considered appropriate that building height controls be reviewed for this site, so to provide a suitable built form particularly when considering the view to the site from Mogareeka.

Clause 85 of BVLEP 2002 currently permits building heights up to 10 metres or 3 storeys. Council has adopted reduced building heights in visually prominent locations along our coastline, including at Pambula Beach, Merimbula and parts of Tathra where a 7.5 metre Height of Buildings limitation has been incorporated under BVLEP 2013.

Pending resolution of the zoning and site controls under the current Planning Proposal, it is considered a reasonable interim measure for Council to impose a 7.5 metre height limitation for this subdivision, to ensure future development sits comfortably within the landscape. A suitable condition of consent is recommended in this regard.

It is considered the NSW Coastal Design Guidelines and Council's Development Control Plan 2013 provide suitable desired future character statements to guide future dwelling design on the proposed allotments.

Public access to foreshore areas

In its comments to the Department regarding the draft masterplan, Council officers suggested that the provision of a carpark at the northern end of Thompson Drive would be advantageous to support increased pedestrian access to areas of foreshore reserve. The masterplan was amended to include two carparking areas, one being at the northern end of Thompson Drive and the other adjacent to Blacka Ada Swamp.

The subdivision plan currently before Council proposes the provision of two carparking areas adjacent to Black Ada Swamp. No carpark is proposed at the northern end of Thompson Drive as this subdivision does not propose public access to the Bega River flats.

Having considered the final subdivision layout currently before Council, staff is of the opinion the proposed two carparking areas nominated to be provided adjacent to the Black Ada Swamp reserve is adequate for this stage of the subdivision.

It is considered access to the Bega River foreshore area to the west would best be serviced in any future subdivision, once the zoning and land use of the residue allotment is resolved, including Council's consideration of any area to be zoned RE1 Public Recreation and its intended servicing of that area.

Consultation

Input from various state government agencies was sought to help inform the assessment process. The following provides a summary of the key agencies feedback and approvals.

NSW Rural Fire Service

As mentioned previously in this report, the proposed subdivision has been designed in accordance with the provisions of Planning for Bushfire Protection Guidelines and satisfies the NSW RFS requirements.

As such, the NSW RFS have issued their General Terms of Approval in relation to the subdivision.

NSW Roads and Maritime Service

The proposed development was referred to the NSW RMS for assessment and comment, as a traffic generating development. The application is supported by a Traffic Report prepared by ARC Traffic and Transport and recommends treatments for the intersection of Tathra Road and Thompson Drive.

The NSW RMS have advised they concur with the recommendations of the Traffic Report and as such the intersection junction would need to be upgraded to a sealed Type AUL (S) (auxiliary left short) left turn in accordance with the Austroads Guide to Road Design (this would provide a deceleration lane when traveling from Bega). In addition, utilising the existing pavement, a linemarking adjustment would be required to create a modified Type CHR (S) (channelised right short) right turn configuration (this would provide a similar configuration for the right turn treatment with enhanced deceleration lane/holding lane into Thompson Drive).

The Traffic Report also recommended a speed zone reduction along Tathra Road to 60km/h. The NSW RMS however did not support this as they consider the existing 80km/h speed environment is appropriate.

The NSW RMS has also advised they are satisfied that the existing sight distance at this intersection is adequate.

NSW Office of Environment and Heritage

As part of the preparation of the development application, an Aboriginal Cultural Heritage Assessment was prepared by New South Wales Archaeology (NSW Archaeology) which identified archaeological assessment work that has also been carried at the site over many years in five separate Aboriginal heritage assessments. The latest report by NSW Archaeology concluded there are no Aboriginal heritage constraints that would act to preclude the proposed subdivision development, however a number of management strategies are recommended to mitigate the subdivision impacts.

The report concluded the most significant and sensitive archaeological areas are located outside of the development footprint (roads, dwellings etc). The report also concluded there is no requirement to avoid impact to the identified Aboriginal sites that are present in the subdivision footprint however the proponent would need to obtain a Section 90 Aboriginal Heritage Impact Permit (AHIP) from OEH. The Bega Local Aboriginal Land Council (BLALC) have recommended that Aboriginal objects (stone artefacts) be salvaged/collected from certain areas in the subdivision footprint.

The assessment report was referred to OEH for consideration under the Integrated Development process. OEH requested additional information in March 2014 in relation to compliance with OEH’s initial comments on the masterplan and also requested evidence of Aboriginal stakeholder consultation, which was subsequently provided directly to OEH.

General Terms of Approval (GTA’s) for the subdivision were subsequently issued by OEH dated June 2014. The conditions of the Approval include compliance with the recommendations and conservation measures identified in the NSW Archaeology Aboriginal Cultural Heritage Assessment Report. An Aboriginal Heritage Management Plan (AHMP) must also be developed by an archaeologist, in consultation with the Local Land Council and OEH.

An amendment to the road design and lot layout was also referred to OEH for comment to ensure their GTA’s would not be affected by the design change. OEH confirmed in May 2015 that the subdivision layout is consistent with the previously issued GTA’s and therefore those remain valid.

Department of Primary Industries (Fisheries)

The subject land is within proximity of nominated Priority Oyster Aquaculture areas in the Bega River and as such was referred to Department of Primary Industries –Fisheries (DPI Fisheries) for consideration under the provisions of State Environmental Planning Policy No 62 (Sustainable Aquaculture).

DPI Fisheries recommended all proposed safeguards and measures to minimise environmental impacts as detailed in the Statement of Environmental Effects by Cowman Stoddart P/L and Appendices (dated October 2013), including the Water Cycle Management Study by SEEC P/L (dated September 2013), are fully implemented. Council staff recommends this would form a condition of consent, should the application be approved.

DPI Fisheries also recommended the residual rural lot (proposed Lot 33) should include a public foreshore reserve at least 50 metres wide, extending along the entire foreshore of the Bega River which is dedicated to Council. DPI Fisheries recommended this reserve should be revegetated with native species where necessary and public access points provided at strategic locations for recreational use, including fishing.

As mentioned previously in this report, Council staff are preparing a Planning Proposal which would appropriately zone the subdivision area of Lot 2 but also seeks to rezone the area of residue land. Council has already resolved to zone an area around the foreshore perimeter to E2 Environmental Conservation which would effectively achieve a 100 metre foreshore reserve (when combined with the existing Council owned E2 zoned reserve).

In addition, Council is proposing to zone an area of the river flat land RE1 Public Recreation. Access to this area of the allotment would suitably be dealt with in a future subdivision stage and likely under a separate masterplan for the residue lands.

The proposed reserve dedication of 22.16 hectares on the eastern side of the subdivision adjacent to Blacka Ada Swamp is considered by staff to provide adequate opportunities for public access, which is appropriate for this stage of the subdivision.

Department of Primary Industries (Water)

The subject land comprises Waterfront Land for the purpose of the Water Management Act 2000 and is therefore subject to the Integrated Development assessment process. The application was considered by the Department of Primary Industries Water (DPI Water) (previously known as the NSW Office of Water) and it was noted the majority of the proposed subdivision and associated works are located more than 40 metres from any river, lake or wetland, not on waterfront land and consequently those works would not be subject to a Controlled Activity Approval. The design of the subdivision is generally considered to be consistent with departmental guidelines for riparian buffers and development setbacks.

However, DPI Water do note the design details associated with the construction and development of the site have not been finalised, as these would come with any future construction certificates for the subdivision works. It is noted the required works for walking tracks, drainage and landscaping may be located on waterfront land, and would therefore require a Controlled Activity Approval for those components of the subdivision.

As such General Terms of Approval have been issued by DPI Water and would form an appendix to any development consent issued in relation to the subdivision.

NSW Trade and Investment (Crown Lands)

The development application was referred to Crown Lands for information as an adjoining landowner, being the Crown Reserve lands to the east and south. The Crown response was as follows:

“The proposed development includes a pedestrian/cycleway which skirts the edge of the development and is proposed “to link with existing track to beach”. Crown Lands does not support the use of Crown land for services or amenity to service to support adjacent freehold development.

The proposed link must not be relied upon to address concerns with inadequacies of bushfire access within the development site. Although the “existing track” is a fire trail it may not be suitable for access or egress at the time of a bushfire event or at other times”.

The position of Crown Land is noted and Council staff are satisfied the proposed subdivision has adequate bushfire mitigation measures in place, including compliant Asset Protection Zones for each allotment, adequate public road access and suitable services and infrastructure for this style of subdivision.

Council is the Trustee of the adjoining Reserve to the east. The fire trail is currently maintained by Council and is considered to be suitable for its intended purpose. It is not proposed for regular vehicular access to be available over the Reserve lands but in the event of a bushfire the existing track could be utilised by emergency vehicles.

There are existing well used informal cycle tracks through this area of Reserve and it is considered that providing a walking path link to the Reserve would not be inconsistent with the passive recreation use of the Reserve.

The subdivision also proposes dedication of additional lands as Reserve, which will become Shire Property (that is dedicated to Council and not the Crown, which is consistent with the requirements of Crown Lands). Therefore, the proposal to provide additional public access to these areas is considered appropriate.

It is recommended a fire trail gate be erected (at the head of the cul-de-sac bulb adjacent to proposed Lots 31 and 32) to prevent unauthorised vehicular access through to Crown Reserve to Tathra-Bermagui Road. A suitable condition of consent is recommended in the draft consent provided as an attachment to this report.

Submissions

The development application was placed on exhibition for a period of 14 days from 20 November 2013 until 4 December 2013. This exhibition period was extended for an additional 14 days until 18 December 2013. A total of 15 submissions were received in relation to the development. Amended plans were received which addressed staff concerns regarding road design and gradients and these were renotified to adjoining and adjacent landowners between 2 March 2015 and 16 March 2015. A total of 7 submissions were received during this second exhibition period.

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

The key themes extracted from submissions were in relation to:

KEY THEME	INCLUDING ISSUES ASSOCIATED WITH;
Traffic generation and road network capability	· The need for traffic calming measures · Road and intersection capacity · Emergency access · Bus route
Compliance with Masterplan
Environmental impacts	· Flora and fauna impacts · Bushfire · Onsite effluent disposal · Soil and water management · Weed eradication
Visual amenity and character	· Potential view impact · Character of the resulting subdivision
Servicing
Recreational use of reserve lands	· The need for access to foreshore areas · The need for recreation facilities
Future stages of development	· What is the future zoning of the residue land? · What is the likely future development potential?

The majority of these issues have been specifically addressed in the body of this report however further detailed comment is provided in Attachment 4 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 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 zone, is a permissible land use, 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 SEPP 71 masterplan for the land.

A wide range of impacts have been identified in the assessment of the application and, where appropriate , suitable mitigating measures have been identified, either through the provision of revised plans and additional information from the applicant, or through recommended 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 approval of the application would be in the public interest.

Approval of the development is recommended subject to conditions provided in the draft consent as Attachment 5 to this report.

Attachments

1 . Subdivision Plan

2 . Locality and Zoning Map

3 . Subdivision overlay with traffic calming locations

4 . Summary of submissions

5 . Draft consent conditions

Recommendation

1. That Development Application 2013.373 for a 33 lot subdivision at Lot 2 DP 582074 Thompson Drive, Tathra be approved subject to conditions as provided as Attachment 5 to this report.

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

Council 14 October 2015

Item 8.2

8.2. DA No. 2015.82: Regularisation of unauthorised additions to attached dual occupancy, 2 Coraki Drive, Pambula Beach

Group Manager Planning and Environment

Applicant	Robert Pointon
Owner	RW & MD Pointon
Site	Lot 46 DP 1054833, 2 Coraki Drive, Pambula Beach
Zone	R2 Low Density Residential
Site area	3,864 metres square
Proposed development	Regularisation of unauthorised alterations and additions to attached Dual Occupancy

Precis

Council is in receipt of a Development Application (DA) for the regularisation of unauthorised alterations and additions to an attached dual occupancy, comprising a water tank with supporting rock retaining wall, a timber and steel deck 10.5 metres x 4 metres, concrete supporting structure and spa pool.

A total of 327 submissions were received raising objection to the development.

The application is reported to Council for determination on the basis of the broader public interest considerations for the locality.

The DA is recommended for refusal. Staff also recommend commencement of legal proceedings in relation to the breach of the Environmental Planning and Assessment Act 1979.

Background

In 2007, Council issued a Development Consent (2007.137 ) for demolition of an existing dwelling and erection of an attached dual occupancy.

The approved plans endorsed a landscape detail that included a 20,000 litre water tank to be located behind existing sheds, adjacent to the south-west property boundary. The approved plans did not endorse any plan or specification for a water tank. This is not an uncommon practice as domestic rainwater tanks constructed of this capacity are commonly only 2-3 metres in height. Had the water tank been constructed in the approved location, it would have been screened by the existing sheds on the property.

Without consultation with Council, the property owner decided the tank would be constructed approximately 10m to the north of the approved location and in a slightly elevated position.

Work progressed from that point to what now appears today as a substantial mass rock retaining wall, water tank (with an approximate 12,500 litre capacity) attached to which is a concrete tower with a timber and steel deck platform, designed to accommodate a spa pool.

Council became aware of works being undertaken on the land via public concern. As a result of a site inspection and onsite meeting, the owner was advised to cease works and submit a DA for the consideration of Council.

Following initial assessment, the applicant was requested to consider issues raised in regard to impacts on visual amenity, bulk and scale. Staff suggested that the applicant may wish to provide additional supporting information relating to possible treatments of both the structure and the provision of suitable vegetation screening. Landscaping and colour treatment details were subsequently submitted by the applicant and have been considered in the assessment of the development application.

Photograph of structure when viewed from Pambula River mouth.

Description of the proposal

The DA seeks regularisation of unauthorised alterations and additions to an attached dual occupancy, comprising a water tank with supporting rock retaining wall, a timber and steel deck 10.5 metres x 4 metres, concrete supporting structure and spa pool.

A copy of the development plans is provided as Attachment 1 to this report.

Description of the site

The subject land is an irregular shaped block of 3,864 square metres, with road frontage to Coraki Drive and foreshore to the Pambula River estuary. The site accommodates an attached dual occupancy and various outbuildings. An internal concrete driveway accesses the land from Coraki Drive up to and including a metal shed and continues through to an unnamed laneway to Taleban Street.

A Locality Plan is provided as Attachment 2 to this report.

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. The assessment has also included consideration of the objectives of State Environmental Planning Policy 71 (Coastal Protection).

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

Zoning

The subject land is zoned R2 Low Density Residential Zone under the provisions of the Bega Valley Local Environmental Plan 2013 (BVLEP 2013). The proposed development would be defined as ‘structures ancillary to an attached dual occupancy’, which is permissible with development consent.

The objectives of the R2 Low Density Residential Zone are as follows;

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

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

The objectives of the zone have been considered in the assessment of this application.

Issues

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

Impact on a sensitive coastal location

The subject site is located within the Coastal Zone and is identified as a ‘sensitive coastal location’ for the purpose of State Environmental Planning Policy 71 (Coastal Protection). In considering any development within the coastal zone a consent authority must have regard for the relevant objectives and provisions of the SEPP.

Staff have identified the following matters are particularly relevant to the application currently before Council;

Clause 2 objectives:

(e) to ensure that the visual amenity of the coast is protected; and

(k) to ensure that the type, bulk, scale and size of development is appropriate for the location and protects and improves the natural scenic quality of the surrounding area;

Clause 8 matters for consideration:

(d) the suitability of development given its type, location and design and its relationship with the surrounding area.

Clause 5.5 of BVLEP 2013 is also relevant to the assessment of this application, in particular the need for a consent authority to be satisfied that the principles of the NSW Coastal Policy are implemented. The following is most relevant to this application;

(1) (b) to:

(i) protect, enhance, maintain and restore the coastal environment, its associated ecosystems, ecological processes and biological diversity and its water quality; and

(ii) protect and preserve the natural, cultural, recreational and economic attributes of the NSW coast; and

(v) protect amenity and scenic quality; and

(vi) protect and preserve rock platforms, beach environments and beach amenity; and

(vii) protect and preserve native coastal vegetation;

(ix) ensure that the type, bulk, scale and size of development is appropriate for the location and protects and improves the natural scenic quality of the surrounding area; and

(x) ensure that decisions in relation to new development consider the broader and cumulative impacts on the catchment; and

(xii) protect and preserve items of heritage, archaeological or historical significance.

The subject site is located adjacent to a significant area of public open space which connects with the Council reserve at the end of Coraki Drive, proceeds along the Pambula River foreshore and on to the Pambula River Walking track located in the adjoining Ben Boyd National Park.

This section of the foreshore provides an important interface between the coastline, the estuary and adjoining residential areas. Staff consider that the proposal is inconsistent with the objectives and principles of the NSW Coastal Policy, SEPP 71 and BVLEP Clause 5.5 in that the development results in an over-scaled, overbearing structure adjacent to foreshore reserve and is not in context with the natural setting in which it has been located.

Impact on the amenity of the public domain

In considering the applicants request to regularise the existing structure, staff have had regard to the planning principles established in Rose Bay Marina Pty Limited v Woollahra Municipal Council and anor [2013] NSWLEC 1046. The framework of the planning principle concerning impacts on views enjoyed from the public domain is broadly consistent with (but not identical to) the matters raised for consideration in Tenacity (which sets out the planning principle for considering the acceptability of the impact of a proposed development on the views enjoyed from private property in the vicinity of the development). The process for considering public views must account for reasonable development expectations as well as the public enjoyment of outlooks from public places.

The key public places which were identified for the purpose of assessing impact were the Pambula River mouth reserve and foreshore areas and the adjoining National Park.

Staff consider that the placement of a such a substantial solid and imposing structure has significant adverse impacts on the amenity of the adjoining public domain. The location, size and design of the structure breaks the visual linkage between the natural landscape and the residential area above. The materials used and the overall bulk and scale of the structure are also considered to be out of character with this coastal foreshore setting.

In addition, the structure is of a size and has used materials that dominate the landscape and has no spatial relationship or design connectivity with the old timber beach huts located in the immediate vicinity, which forms part of the important visual link to the passive recreation amenity and enjoyment of the area and its iconic character.

The applicant was encouraged by staff to explore design treatments that may mitigate the severe visual impact of the tower’s concrete column. Additional information was submitted to Council for consideration that included the painting of the tower and planting of additional landscaping at the base of the tower, which would include the planting of semi-mature trees.

After reviewing the additional detail, staff conclude that the proposed treatments would have little effect in negating the visual dominance of the tower when viewed from both the adjoining foreshore areas and the National Park.

Staff consider that a more skilful and considered design could have achieved the reasonable expectations of the applicant whilst minimising the impact on the public domain. Staff conclude that the development as constructed is unreasonable and therefore cannot support regularisation of the development.

Height, bulk and scale

Height

The proposal exceeds the building height development standard of Clause 4.3 of BVLEP 2013 by 1.5 metres. This results in a built form which unreasonably contributes to the bulk and scale of the development and has an adverse impact on the foreshore amenity of the adjoining public lands.

The objectives of BVLEP 2013 Clause 4.3 Height of Buildings are as follows;

(1) The objectives of this clause are as follows:

(a) to retain the existing character and landscape of the locality and to encourage a low-set building form;

(b) to protect residential amenity, views, privacy and solar access.

(2) The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.

The maximum building height for this site is 7.5 metres. The term ‘building’ is defined to include “part of a building and any structure or part of a structure but not including a manufactured home, a moveable dwelling or associated structure..”.

A conservative interpretation of the structure height from both site inspection and from submitted plans confirms an overall height of 9 metres, representing a variation of 1.5 metres.

The combination of both the overall height and the use of materials result in a structure that is not sympathetic to the location and therefore staff consider the development fails to satisfy the objectives and overall height limitations stipulated in Clause 4.3 of the BVLEP 2013.

Bulk and scale

It appears that the applicant has constructed the tower in part to utilise the opportunity to place the spa at a level with unimpeded views to the estuary. It is the view of staff that an improved design could have been achieved by placement of the spa on natural ground at or near the level of the second storey of the existing residential development. Such a location would have been in keeping with the existing residential and beach interface, while at the same time retaining reasonable view and amenity for the landowner. This alternative location and design would have maintained the views and amenity afforded to the public from the adjoining beach areas.

The location and design of the structure is considered to be unreasonable and staff cannot support regularisation of the development for the reasons highlighted in this report.

Consultation

National Parks & Wildlife

As the property adjoins the Ben Boyd National Park, staff consulted with the Office of Environment and Heritage (OEH).

The OEH response provided identifies not only concern that the structure was built without appropriate planning approval, but also expressed the opinion that it has a significant impact on the visual amenity of the Pambula River Estuary. OEH is of the view that proposed works to mitigate the impact would not be successful as the vegetation screening is unlikely to adequately cover the structure and the primary planting chosen to screen the area is a species that is not likely to grow well in this location.

Submissions

The development application was placed on exhibition for a period of 25 days from 25 March 2015 until 10 April 2015 and a total of 327 submissions were received.

The key issues raised in the submissions centre on the impact that the structure has had on the scenic amenity of this coastal estuary and clearly express the community’s attachment to the natural landscape amenity of the locality and the desire to ensure development impacts are minimised.

A number of the submissions draw Council’s attention to the fact that appropriate consideration of the design has not been possible because the structure has in fact been substantially erected. It is suggested that if properly considered, Council would have formed the view that any structure in this locality of similar height and size would not have obtained consent to proceed.

While some of the submissions have no bearing on matters relating to Council’s assessment, staff support the general view of the submissions that the structure has an unacceptable impact on what is an iconic south coast setting.

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

Legal

The retaining walls, tower, deck and spa form an overall structure that required both development consent and construction certification. Detailed planning, organisation and co-ordination of engineering design, sub trades and labour would have been needed to execute what are significant works that required engineering certification for a complex design that incorporates substantial foundations and other structural considerations.

It is difficult to rationalise why the applicant believed that no approval was necessary for a structure of this magnitude. A simple enquiry to Council would have cleared any doubt as to a requirement for an approval. Staff can only speculate that the owner’s intent was to erect the structure and be concerned about repercussions after the event.

As the works proceeded without consent it is difficult to determine the extent of vegetation that would have existed both at the base and over the natural rock wall in this location. It is obvious that given the extent of vegetation on both sides of the tower that it is likely that substantial vegetation cover may have been removed.

A further concern in regard to development proceeding without any approval is that assessment has not been undertaken of possible indigenous cultural heritage that are commonly encountered in similar estuary locations in the Shire.

Staff are of the view that the erection of the structure represents a serious breach of a legislative requirement to obtain approval to ensure that relevant matters including design and impact (not only to the landscape but importantly to public amenity) are taken into consideration. It is recommended that not only should the owner of the land be required to remove the unauthorised structures, but should also be prosecuted for the offences related to the erection of the structure.

While staff have the necessary delegations to prosecute the offence it is important that this matter be reported to Council to highlight to the community the importance of ensuring that appropriate approvals are in place prior to undertaking development.

It also serves to inform the community that Council does take matters of this nature seriously and will take action in such circumstances.

Conclusion

The development application seeks to obtain approval for structures built without consent.

While it is unclear as to the motive and the rationale considered by the owner at the time of construction, it is clear that the works have had an unacceptable impact on the scenic beauty of this coastal estuary.

Assessing staff are of the view that this impact cannot be mitigated by either treatments to the tower or by use of vegetation screening.

As such, the application is recommended for refusal for the reasons contained within this report. Staff also recommend that notice be served on the owner to remove the unauthorised structures and that the owner should be prosecuted for failing to obtain the relevant consent and construction certification prior to the erection of the retaining wall, concrete tower and steel and timber deck.

Attachments

1. Development Plans

2. Locality Plan

Recommendation

1. That Development Application 2015.82 for the regularisation of unauthorised alterations and additions to an attached dual occupancy (including a rock retaining wall, concrete tower, deck and spa) be refused for the following reasons:

a. The proposed development fails to comply with the maximum building height development standard set by Clause 4.3 of the BVLEP 2013 and is inconsistent with the objectives of the clause in that the development does not retain the existing character and amenity of the locality.

b. The proposed development is inconsistent with the objectives of Clause 5.5 of the BVLEP 2013 and the principles of the NSW Coastal Policy as the development would have an unacceptable impact on a sensitive coastal location, being the Pambula River mouth and its environs in terms of scenic quality and amenity.

c. The proposed development is inconsistent with the objectives of SEPP 71 Coastal Protection as the development fails to ensure the visual amenity of the coast is protected and the type, bulk, scale and size of the development is inappropriate for the location. Further the development fails to protect and improve the natural scenic quality of the surrounding area.

d. The proposal would not be in the public interest.

2. That Council serve notice on the owner to have the unauthorised structure demolished.

3. That the property owner reinstates vegetation to the satisfaction of Council to a standard consistent with the extent of vegetation that currently exists on either side of the tower as it currently stands.

4. That legal proceedings be commenced against the owner of the property seeking prosecution for undertaking the construction of the retaining wall, tower and deck without development consent.

5. Those parties who made a submission be advised of Council’s decision.

Council 14 October 2015

Item 8.3

8.3. DA No. 2012.393: Section 96 application to modify condition 5 - Alterations and additions to entertainment establishment - Four Winds Barraga Bay

Group Manager Planning and Environment

Applicant	Four Winds Inc.
Owner	As above
Site	Lot 130 & 131 DP 1178806, 3511 Tathra-Bermagui Road, Barraga Bay
Zone	E3 Environmental Management
Site area	23.841 ha
Proposed development	Alterations and additions to an Entertainment Establishment including the erection of a performance pavilion, access road, parking and ancillary infrastructure and intensification of the use.

Precis

Council is in receipt of a Section 96 (2) Application to modify condition 5 of Development Consent 2012.393 which requires the sealing of the internal access road prior to 2016.

The Section 96 (2) Application to Modify is being reported to Council as the matter has been the subject of a previous Council resolution.

The Section 96 (2) Application to Modify is recommended for refusal.

Background

Development Consent No. 2011.228 was issued on 6 September 2011 for an Entertainment Establishment (bi-annual open air music concert) and associated infrastructure including performance stage, canopy and amenities.

The approved development included a condition requiring the construction of a new internal entry road, off Four Winds Road, prior to the 2018 event taking place. This internal road was to be constructed to a 4m wide gravel standard, except for any part of the road which exceeded a 15% grade, which was to be bitumen sealed.

Access to the site prior to 2018 would be via an existing right of carriageway over adjoining land.

It should be noted the internal access road has been constructed and is the main access to the Entertainment Establishment.

Development Consent No. 2012.393 was issued on 11 March 2013 for Alterations and Additions to an Entertainment Establishment including erection of a performance pavilion, access road, parking and ancillary infrastructure and intensification of the use.

The Consent approved the increase in events from bi-annual to:

a) four major events per year that shall not exceed 2000 patrons at the event at any one time and the duration of which shall not exceed two consecutive days per event subject to compliance with Condition;

b) one minor event per month that shall not exceed 500 patrons at the event at any one time;

c) the unlimited use of the performance pavilion which shall not exceed 160 patrons.

Condition 5 of the Consent required the following;

“The applicant shall provide a 4m wide two coat bitumen seal of the formed access approved under DA No 2011.228 prior to any event occurring on-site.”

Four Winds Inc. lodged a Section 96 application to modify a number of the conditions of Development Consent 2012.393 including the deletion of condition 5.

In support of the request the applicant submitted the following –

“We seek deletion of this condition. We appreciate if money was no constraint that a sealed road would be the ultimate surface for pavement stability long term and would lessen actions needed for dust control. But previous Council advice was that a road of 15% or less would not require sealing and the current gravel pavement was approved for the road Construction Certificate. Further TTM advise the proposed volume of use does not warrant sealing. Four Winds accept they will be required to effect watering for dust suppression and to keep the gravel pavement maintained, with good drainage to limit gravel loss.”

“We note Council has seen fit to approve the current biennial festival on the basis of an ongoing gravel formation.”

The application was determined under the Delegated Authority of the Group Manager Planning and Environment with the request for deletion of condition 5 refused.

The applicant lodged a Review of Determination with Council requesting a review of the decision refuse the deletion condition 5.

Council at its meeting on 6 November 2013 considered the Review of Determination and modified the wording of Condition 5 to read;

“the formal access approved under DA No 2011.228 shall be provided with a 4m wide 2 coat bitumen seal in accordance with the following timeframes:

· The first 200 metres from the intersection with Four Winds Road prior to any event occurring;

· The remainder of the access prior to 2016.”

The Section 96(2) Application to Modify currently before Council seeks to remove the requirement for the sealing of the remainder of the road by the removal of the words, “The remainder of the access prior to 2016.” from Condition 5.

Details of the applicant’s request for modification

In support of the Section 96(2) Application to modify, the applicant submitted the following;

“Our justification for the request is that the road is in excellent condition and does not need to be sealed and it is therefore an unreasonable request. It is also an unreasonable request because the original DA for the Sound Shell DA 2011.0228 and for which we built the road, did not require sealing the road and any extra usage since building the Pavilion, is for small numbers, as the Pavilion DA only allows for audiences of 180 people inside that new space.

It will benefit all of us if we were able to spend our very limited resources on meeting the Council’s social planning objective of ‘bringing to life through music’…

We have now been using this road since 2013, including for the construction of the Windsong Pavilion, and it has remained in excellent condition, despite heavy vehicle use during construction. At Council’s request we sealed that part of the road that was the steepest and this part of the road remains in excellent condition also. We have since held Festival 2014 with nearly 2000 patrons, Carols by Candlelight with 800. There have been monthly Pavilion events of around 160 patrons each.

There was torrential rain for the funeral service for our founder Neilma Gantner on 18 June 2015 and the main Tathra/Bermagui road was closed at Wapengo. Our road, however, easily withstood the usage for this event, and there were several buses which were transporting family members from Merimbula airport to the Four Winds site.

We have not needed to grade the road. There is no erosion, and there are no sedimentation impacts, nor any dust impacts for neighbours or the bushland. The type of gravel surface produces minimal dust, however, we are now purchasing our own road watering system to spray the road ahead of any event should it be the road be dry and dusty. We routinely used to water the dust on the old road during our Festival, with the use of a hired water truck. So far spraying has not been necessary on the new road, but we are ready if it is needed.”

Staff Comment:

The site was inspected on the 16th September 2015 to review the condition of the unsealed sections of the access. The inspection revealed the surface was in good condition with only minor wear and tear. Some minor erosion scouring of the southern table drain has occurred while a small erosion rill is beginning to form within the central unsealed section of the access.

There was no dust generated while the access was traversed during the inspection. Several photographs of the access are included on file and available at the Council meeting.

Although the unsealed section was in reasonable condition during the inspection, Council staff still maintain the remainder of the access road should be sealed for the reasons previously reported to the Council meeting held on 16 October 2013 and included below;

“Condition 5 was placed on the approval as the development application proposed to increase events at the site from one concert every two years, to 4 major events per year attracting up to 2000 patrons, 12 minor events per year attracting up to 500 patrons and unlimited use of the performance pavilion that may accommodate up to 160 patrons (now…250…).

“The increase in use of the site is significant when the current development approval under DA 2011.228 is for an event every two years that only permits up to 1500 patrons and required the access to be suitably constructed to accommodate for that use.

“The TTM report states that generally gravel roads or unsealed surfaces warrant sealing at around 150-200 AADT vehicle movements. The Average AADT for the proposal was calculated by TTM at around 60 daily vehicle movements and they concluded that they see no warrant to seal Four Winds Road consequent to the proposed activity schedule.

“Condition 5 only requires the sealing of the internal access handle, not Four Winds Road. The requirement for sealing was partly due to the additional vehicles that would be generated by the development as the assessed 60 average vehicle movements being generated is the equivalent of 10 new dwellings as detailed under DCP 2 – Subdivision Standards.”

“Given the significant increase in traffic to be generated by the development and the grade of the access, it is considered appropriate that Condition 5 remain to ensure that soil erosion and sedimentation from runoff off the access road does not impact on the watercourse that traverses under the access road.”

Conclusion

The requirement for the sealing of the internal access road has been the subject of a previous Section 96(2) Application to Modify and also a Council resolution at its meeting on 6 November 2013.

Council staff maintain that the balance of the internal access road should be sealed in accordance with the requirements of condition 5 for the reasons outlined in this report.

The Section 96 (2) Application to Modify is recommended for refusal.

Attachments

Nil

Recommendation

That Council refuse the Section 96(2) Application to Modify Condition 5 of DA No 2012.393 for the following reasons:

1. The condition was imposed to address the existing amenity for the adjoining residents and protection of the environment.

Council 14 October 2015

Item 8.5

8.5. DA No. 2015.324: Construction of self storage units - Old Wallagoot Road, Kalaru

Group Manager Planning and Environment

Applicant	P. J. Summerell
Owner	TN Killalea and TE Killalea
Site	Lot 4 DP 775530, 1-5 Old Wallagoot Road, Kalaru
Zone	RU5 Village
Site area	1.36Ha
Proposed development	Construction of Self-Storage Units

Precis

Council is in receipt of a development application (DA) for the construction of 140 self-storage units in two stages on the corner of Tathra Road and Old Wallagoot Road, Kalaru.

The application is being reported to Council for determination in accordance with Procedure 3.01.4 Councillor/Staff – lodgement of DA’s as the applicant is a member of Council staff.

The DA was notified to adjoining and adjacent landowners with one submission received.

The DA is recommended for approval.

Description of the proposal

The proposal is for the construction of 140 self-storage units in two stages; Stage one – 37 units, Stage two – 103 units. Access to the development would be off Old Wallagoot Road. The proposal includes 11 blocks of self-storage units ranging in size from 18sqm to 40sqm with a maximum height of 6m.

The proposed self-storage units would operate twenty four hours a day, seven days per week.

The proposed units would be setback 6m from Tathra Road and Old Wallagoot Road.

The perimeter of the site would be landscaped and a 1.8m pool style fence is proposed to be constructed to secure the site. The units are proposed to be constructed from colorbond steel in the colour ‘eucalypt’.

A copy of the development plans is provided as Attachment 1 to this report.

Description of the site

The site is a 1.36 hectare vacant block of land on the corner of Tathra Road and Old Wallagoot Road, Kalaru. The site is relatively flat and contains an area of riparian land toward the western corner of the lot and small patches of vegetation along the western and southern boundaries. There are a number of standalone trees along the northern and eastern boundaries.

The site is surrounded by single storey residential development and adjoins a caravan park to the south. The site has sealed road frontage onto Old Wallagoot Road.

Figure 1 Aerial photo of the subject site

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 has highlighted 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

The subject site is zoned RU5 Village under BVLEP 2013 with ‘self-storage units’ a permissible use in the zone with development consent.

Issues

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

Streetscape character and amenity

The proposed units would be setback 6m to both Tathra Road and Old Wallagoot Road.

Extensive landscaping is proposed for both road frontages and the western boundary however 65m of the southern boundary, adjacent to the caravan park, would not be landscaped to allow for drainage works and restrictions due to an easement to drain water.

Existing vegetation bordering the road reserve is proposed to be retained.

A 1m high earth mound would be constructed between the road reserve and proposed security fence with the landscaping planted on the mound to heighten the impact of the landscaping and minimise any adverse visual impact from the road.

All perimeter landscaping will be conditioned to be completed as part of stage 1.

Restrictive Easement

There is an existing easement along the northern boundary of the subject lot which places a user restriction on the land prohibiting any building to be erected within 10m of Tathra Road. This easement was created for the purposes of future road widening.

Roads and Maritime Services has been contacted with regards to any future plans to widen Tathra Road and have informed Council there are no such plans and that Council can amend the restriction at their discretion.

The applicant has requested this easement be extinguished to enable an additional 4m of driveway width to be constructed alongside the larger bank of storage sheds that have been designated for boat storage to allow for the car, boat and trailer manoeuvring. Landscaping as detailed above is proposed to alleviate any adverse visual amenity impacts from Tathra Road.

As there are no plans to widen Tathra Road it is considered appropriate for the restriction to be removed.

It should be noted a similar easement has been extinguished from parcels of land on the opposite side of Tathra Road.

Noise impacts

The submitted DA identified the intention to operate twenty four hours per day, seven days per week. As part of the assessment of the DA consideration was given on the potential adverse impacts on the amenity of adjoining residential properties as a result of noise from vehicles, loading and unloading of goods and voices of users during the night would be inappropriate, and the applicant was requested to revise the opening hours.

The applicant amended the proposed operating hours to be from 6am to 10pm, seven days per week. These hours of operation are considered appropriate for the location of the proposed facility and Village setting.

Traffic generation

The proposed development is for self-storage of personal items and items associated with recreation (e.g. boats). It is considered any increase of traffic generation would be minimal and not inconsistent with that of the neighbouring caravan park.

Submissions

The DA was placed on exhibition for a period of 14 days from 25 August 2015 until 8 September 2015 with one submission 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.

Operating hours

Comment:

Concern has been raised in relation to potential adverse impacts on the amenity of adjoining residential properties as a result of noise from cars, loading and unloading of goods and voices during the night as a result of the proposed twenty four hour operating hours.

Response:

As the development is within the RU5 Village zone and is surrounded by a number of residences, the concerns were raised with the applicant and the operating hours were subsequently amended to be from 6am to 10pm, seven days per week.

Conclusion

The proposed development is a permitted use in the RU5 Village zone, complies with the relevant Clauses of the BVLEP 2013 and BVDCP 2013 and is considered to be an appropriate use, subject to the amended operating hours and landscaping of the perimeter of the site to address visual impact.

One submission was received during the exhibition period and the issue raised regarding operating hours has been addressed as outlined in the report.

The proposed development is recommended for approval, subject to the conditions outlined in the draft consent.

Attachments

1. Development plans

2. Draft Consent Conditions

Recommendation

1. That Council resolve to release the restriction to user over Lot 4 DP 775530 Old Wallagoot Road, Kalaru to enable the easement to be extinguished.

2. That Development Application No. 2015.324 for the construction self-storage units at Lot 4 DP 775530, 1-5 Old Wallagoot Road, Kalaru be approved subject to conditions as provided in the draft consent attached to this report.

3. That those parties who made a submission be advised of Council’s decision.

Council 14 October 2015

Item 9.2

9.2. RFT59/15 Construction of Timber Footbridges and Gravel Pathways, Lake Curalo, Eden

This report presents a summary of the procurement process and recommendations for awarding contracts for the completion of the shared pathway around Lake Curalo, Eden.

Group Manager Community, Relations and Leisure

Background

A pathway around Lake Curalo, Eden was identified in the 2007 Eden Foreshores Plan of Management and more recently has been enthusiastically supported by the community. Recent works have included construction of gravel paths around the northern section in 2012 and a further section in 2013.

The final sections of the pathway to be completed include four (4) footbridge structures totalling 110 linear metres and around 600m of gravel pathway. This section of path has also required acquisition of an easement over a section of private land.

Completion of these works will provide a continuous link from central Eden to the Eden Cove development. The path also forms a part of the Bundian Way, a culturally significant Aboriginal pathway linking the Australian Alps to the coast. The completed pathway will be a great asset for the Eden community and visitors alike to use and enjoy.

The works were put to public open tender on 26 August 2015 and closed on 23 September 2015. Tender documents were viewed on line 168 times and 8 formal proposals to deliver the works were received. Tender assessment scoring was completed based on the following weighted criteria; Tender Value: 50%, Experience 25%, Functionality 20%, Local Community Benefit 5%.

Issues

Legal

Council has previously resolved to acquire an easement for the pathway across a section of privately owned land. The easement and accompanying deed identify responsibilities, including installation of signage and gates.

Environmental

Environmental issues are addressed by mitigation measures recommended by NGH Environmental P/L in their Review of Environmental Factors (REF) report.

When completed, the path will provide formalised accessible trails through the lake-side foreshore and wetland areas.

Sustainability

The project will be constructed to achieve sustainability goals outlined in the REF report.

Asset

The completed pathway will be a new asset and will be added to Council’s Recreation Asset Management Plan when next updated.

Social / Cultural

The recreational linking of Eden township and the Eden Cove communities is a social benefit of the project. The contribution to the Bundian Way will provide a significant aspect of this culturally significant project.

Strategic

Completion of the pathway fits with the strategic plan for the Eden area identified in the Eden Foreshores Plan of Management.

The delivery of this project was identified as a Recreational Services project in the Bega Valley Shire Council (BVSC) Delivery and Operational Plan 2014/15.

Consultation

The community was consulted as part of the original 2007 Eden Foreshores Plan of Management preparation. A community information session was also held in April 2015, which provided strong, supportive feedback for completion of the pathway.

Financial

Based on tender responses, total project costs are expected to be no more than $410,000. Whilst the project tendering has come back above the initial project estimate of $248,000, Council is committed to delivering this project.

Detailed costings for the works are included in the Confidential Memo attached. This includes breakdown of costs between the two elements of the works being gravel pathways and bridges construction.

The funding shortfall is able to be met through savings which have been achieved in other recently completed Leisure & Recreation projects. The project costs will be funded within the current Leisure & Recreation budgets.

To enable works to progress as quickly as possible, gravel pathway construction works which fall within staff financial delegations, have been awarded to the preferred contractor.

Funding source		Amount
Leisure and Recreation Projected Capital Works Program	$	410,000

Resources (including staff)

The works shall be undertaken by external contractors. Project management and responsibility for delivery will be undertaken by Council staff.

Operational Plan

Outcome A2.3 – Safe and well maintained built facilities meet the cultural, recreational, tourism and community service needs of all ages and abilities in our community.

Conclusion

A pathway around Lake Curalo, Eden was identified in the 2007 Eden Foreshores Plan of Management and more recently has been enthusiastically supported by the community. Public tenders have recently closed to complete the final section of pathway. Completion of these works will provide a continuous link from central Eden to the Eden Cove development.

The Confidential Memorandum to Councillors outlining the tender assessment and review process makes recommendations for awarding contracts to complete the works.

Attachments

1 . Memorandum Tender Assessment RFT 59 15 Construction of timber footbridges & gravel pathways Lake Curalo Eden (Councillor Only) (Confidential)

Recommendation

1. That the report be received and noted and the recommendation from the confidential memorandum be accepted.

2. That pursuant to Clause 178 (1)(b), of the Local Government (General) Regulation 2005 (Acceptance of Tenders) Council declines to accept tenders in relation to works described in schedule A (bridges) of tender RFT59/15.

3. That pursuant to Clause 178 (3)(e), of the Local Government (General) Regulation 2005 (Acceptance of Tenders), Council enter into negotiations with <insert name> for the construction of bridge works as described in schedule A of tender RFT59/15.

4. That pursuant to Clause 178 (4), of the Local Government (General) Regulation 2005 (Acceptance of Tenders) the reasons for declining to invite fresh tenders are:

a) <insert name> demonstrated to have the skills and resources to undertake the bridge construction.

b) Calling fresh tenders would unreasonably delay the commencement of works.

5. That Council authorise the General Manager through officers to negotiate with <insert name> to a fair value for the bridge works component of the project and execute all necessary documentation.

6. That Councillors be notified of the outcome of the negotiations when finalised.

7. That tenderers be advised of Council’s decision.

Council 14 October 2015

Item 9.3

9.3. RFT 64/15 - Conversion of building to library facility at Tura Beach

This report details the outcomes of evaluation of tender RFT 64/15 for building conversion, renovation and fit-out of the old Tura Beach Tavern into a library and community facility.

General Manager

Background

In 2013 Bega Valley Shire Council purchased the Tura Beach Tavern at Tura Beach with a view of converting the building into a library, community spaces and exhibition areas replacing the Merimbula Library, which has been operating from leased premises until its recent closure. Council’s resolution at the time provided officers with the authority to obtain appropriate development approvals for the uses of the property adopted by Council.

Since then, Council has consulted with the community on possible uses. The use of the site as a library and community spaces were seen as the priorities, with the exhibition space being seen as the role of the Bega Valley Regional Gallery in Bega, notwithstanding the potential to provide some exhibition space at the facility.

Library facilities are no longer just book repositories, but places where people meet and interact, access a range of physical, digital and on-line resources, learn new skills and participate in activities such as story time, guest speakers, genealogical and historical activities, or simply read. As such, modern library buildings are more than just bricks and mortar and four walls, they are high tech places that cater for all the aforementioned activities.

The Tura Beach Tavern requires extensive renovation in order to convert the building from its previous use as a licensed Tavern into a library. The detailed design of the Library requires the demolition and rebuild of significant internal elements of the existing building to accommodate access, public meeting space, toilet facilities upgrades, electrical upgrades and library infrastructure. There is also significant external works to provide a street frontage, accessible paths of travel and a facade appropriate to a public building such as a library.

An architect specialising in library design was engaged to prepare detailed design, specification and tender documentation as well Development Application and Construction Certificate documentation. DA consent was provided on 1 May 2015 and CC issued on the 15 September 2015. The delay between the DA consent and the CC being issued was due to a range of factors including staff changes at Council, delivery of required supporting documentation from technical consultants, design discussion with the architect and resolution of consent issues.

Tender RFT 64/15 Tura Beach library was advertised in the Sydney Morning Herald, the Council website and Tender link (e-tendering) with the tender closing on 30 September 2015. All potential tenders are required to access the documentation through Tender Link. Thirty companies downloaded the documents, with only two (2) formal submissions being received as follows:

· Edwards Construction Pty Ltd; and

· Rankin Builders Pty Ltd.

The tenders were evaluated in accordance with the evaluation criteria, weighting and scoring criteria as follows:

· Project Value, 65% made up as follows;

o The overall project cost

o The makeup of the cost structure

o The integrity and the stability of cost

o Commercial terms and conditions

· Project experience, 20% made up as follows;

o Demonstrated ability to complete the work

o Experience in completing similar projects

o Quality system and QA Experience

o Financial ability to undertake project of this size.

· Project functionality, 10% made up as follows; and

o Satisfaction and recognition of the project objectives

o Conceptual and operational plans

o Proposed construction arrangements and completion program

· Local community benefit, 5% made up as follows.

o Recognition of local outcomes, demonstrating support for local business and community enterprise.

The value of the tenders received exceeds the current budget allocation for the project. The evalaution of the tenders received is attached in a confidential memo to Cocunillors.

Issues

Legal

The project has received Development Application consent and a Construction Certificate.

The tender process complied with the Local Government Act 1993 and associated Regulations.

Policy

Council adopted a Library Strategic Plan in early 2015 to drive the redevelopment and evolution of library services in the Shire over the next three years. One element of that strategic plan (available on Council’s website) is the transition to a new library in Tura Beach and the closure of Merimbula Library.

Asset

Tura Beach Library will form part of Council’s building asset register as a building owned and maintained by Bega Valley Shire Council.

Social / Cultural

The following extract is taken from Council’s external review of the Bega Valley Library Service report:

“In order to remain relevant and provide valued community services, libraries and the services they provide must continue to evolve and adapt to changes in the communities they service. The last decade has seen many fundamental shifts in the library sector and there is a significant risk that unless libraries adapt to these changes they will no longer be relevant.

All local governments are continually faced with an almost infinite demand for support and finite resources. They must decide how best to allocate the available funds to maximise community benefit. Libraries need to adapt to changing demographics and provide adequate space and appropriate facilities for all age groups to access quality services. It has been recognised that the population of Australia is ageing with people in the over 65 years age group remaining strong users of libraries and active borrowers of books. At the other end of the age scale, young people who were ‘born digital’ have distinct information and communication needs. These ‘digital natives’ access information, learn and communicate in ways that older generations generally do not. As opposed to reading books and magazines, digital natives prefer to draw on and create information via the Internet, communicating using blogs, social networking sites, SMS and web chat and participating in virtual worlds. To attract these young people libraries will need to be inviting, offer the latest in technology and new media and be accessible around the clock.”

Strategic

The development of a library and community spaces in the Tura Beach area provides for a much needed community facility. The population is growing in this area and demographics have been changing over recent time with more young families moving into the area. The sites proximity to an aged care facility, shopping centre and retails outlets ideally positions the facility to be integrated into places people already frequent. A bus stop on the Tura Beach Rd just up from the main entrance provides public transport access and the entrance will be highly visible from the Tura Beach Rd.

In recognition of feedback from people who live in Merimbula, Council has been working towards the setting up of a Library Portal (a small library service) at the recently acquired former Auswide Services building. The Portal will offer drop off and pick up services for borrowing, study areas, photocopying, newspapers and some periodicals and public access computers.

Consultation

Consultation has occurred on a number of occasions. Following purchase of the Tavern site, Council sought feedback from the community on the types of uses for the facility. As part of the DA process the plans were put on display for four (4) weeks to ensure that people had an opportunity to view and comment on the plans. No submissions were received that impacted on the DA being issued. Officers have also spoken with the managers of the Tura beach Shopping Centre regarding their thoughts and ideas about the project.

Financial

Council had identified funds for this project consisting of $200k from a NSW State Library capital grant and $300k from the sale of gaming machine licences previously held by the Tura Beach Tavern and purchased as part of the original sale.

The scope of works has been focussed on upper floor of the Tavern and despite Officers best endeavours to contain the design and focus on delivering a good, but responsible design, the costs have come back from both tenderers in excess of available funds. The specific details and assessment of the tenders is outlined in the confidential memo to Councillors.

The funding for this project (excl GST) is as follows:

Funding source		Amount
BVSC	$	500,000

Resources (including staff)

This project has, since its inception, utilised a significant amount of officer time to work through the many issues and complexities of converting a commercial Tavern building into a community building.

The library will be staffed by existing Customer & Information Officers and operational costs are covered with the allocated library budgets. Further Officer time will be required to oversee the works and ultimately the commissioning of the building.

The building will be included in Council’s Asset Management Plan and the maintenance and renewal will be built into Council’s long term financial planning.

Operational Plan

Outcome L2.2 - Strengthen Bega Valley library service as a centre for life-long learning.

Conclusion

The building works to convert a Tavern into a library require reuse of mechanical, electrical, hydraulic and fire protection services and substantial modification of internal building elements (walls, ceiling, doors and windows) all of which present a construction cost risk and it is assumed this has been reflected in tenderer prices received. While both tenders are comprehensive and the builders experienced and capable they are well beyond Council’s funded budget and therefore will require further consideration and resolution on the way forward.

Attachments

1. Memo to Councillors - RFT - Tura Library (Councillor Only) (Confidential)

Recommendation

1. That Council receive and note the report;

2. That Council confirm its intention to relocate the Merimbula Library service to the facility at Tura Beach;

3. That Council accepts recommendations as outlined in the confidential attachment.

4. That Council declines to accept any tenders in relation to contract for works as described in RFT64/15 as no tender received fully complied with the requirements of the tender documents nor offered acceptable value for this project.

5. That Council not invite fresh tenders as this would unlikely yield a better result given the uncertainties and construction risk associated with this project.

6. That Council enter into negotiations with <insert> to undertake the conversion works for the new Library at Tura Beach, as this will provide Council with the most direct and cost effective project delivery.

7. That tenderers be advised of Council’s decision.

Council 14 October 2015

Item 11.4

11.4. Request by Bermagui Mens Shed for long term lease of old Bermagui landfill site.

Bermagui Men’s Shed has requested Council consider offering a lease over part of the old Bermagui landfill site to establish a long term location for the group. This report discusses some of the issues and seeks Council’s direction.

Group Manager Transport and Utilities

Background

The Men’s Shed is a not for profit, non-commercial association aimed at reducing social isolation and improving health by engaging men in meaningful projects they can work on in the company of other men. The Bermagui Men’s Shed (BMS) currently operates from leased premises at the Umbarra Cultural Centre at Wallaga Lake (Eurobodalla). The lease is uncertain and the site is not ideal in terms of proximity and access to Bermagui. The BMS has requested Council consider offering them a long term lease over the north eastern part of land adjacent to the Bermagui Sewage Treatment Plant and Works Depot, the area of land formerly used as the Bermagui Landfill (Lot 287 DP 1151605).

The site is Crown land under Bega Valley Shire Council (BVSC) management. The landfill operation was approved by the Department of Health in 1962 and ceased operations in 1989 after which the landfill activity was moved to its current location further south. Parts of the original site have been redeveloped for the Bermagui works depot and treatment works. Areas of the site are used by Council for stockpiling and storage of materials.

Solid waste landfill sites are problematic to redevelop particularly for structures, as ground conditions are unpredictable and there is high likelihood of the presence of contaminated materials, particularly asbestos, with potential health concerns if disturbed. Beneficial use is possible, provided there is careful consideration and management of these risks during construction and for the duration of the land use.

Based on preliminary geotechnical investigation of the site, the old landfill is understood to extend from the north east corner of the site, increasing in depth to the southwest corner of the site. Accordingly, it is believed the north east portion of the site presents the least likelihood of excessive remediation costs as the landfill is thought to be present in a thinner layer in this area when compared to other areas of the site.

Figure: Area proposed for further investigation with regard to geotechnical and environmental constraints.

As the project is currently at the early feasibility / planning stage, no specific plans of the proposed development are available. However, based on early discussion with BMS, it is understood their facilities would comprise the following elements:

· Construction of a lightweight steel frame building with a footprint of about 260 m² (to include office space, meeting room, kitchen facilities, workshop area(s) storage facilities and washrooms;

· Sheltered outdoor communal area(s);

· A barbeque area;

· Car parking facilities for up to 30 vehicles.

The BMS would be similar in scale to the Council works depot located to the north of the proposed site and shown in the photograph above.

Issues

Legal

Council is the appointed Reserve Trust Manager of the old Bermagui landfill site, known as the Edgar Jaggers Reserve (180062). Council is authorised under the Crown Lands Act 1989 to enter into a lease or licence agreement for the occupation of a Council managed reserve, with the approval of the Minister for Lands.

Policy

If the proposal proceeds for the occupation of this site by the Bermagui Men’s Shed, they would be required to submit an application under Council’s Rental Assessment and Rebate Procedure. Being a not-for-profit community organisation which provide a valuable social benefit to the local community, it is likely there would be a high level of rebate off market rental available.

Environmental

Substances of potential concern within the landfill that may pose a potential risk to human health and/or the environment include:

· Heavy metals primarily in relation to ash and metallic wastes;

· Petroleum hydrocarbons associated with waste lubricants;

· Polycyclic aromatic hydrocarbons (PAHs) associated with ash and demolition waste;

· Asbestos from demolition waste; and

· Landfill gases such as methane, carbon dioxide, carbon monoxide and hydrogen sulphide related to decay of organic matter within the waste.

The main exposures include:

· Direct skin contact with the effected soil;

· Hand to mouth activities resulting in ingestion of soil;

· Airborne migration of dust or soil particles leading to inhalation; and

· Volatilisation leading to inhalation.

Further evaluation of the environmental risks is warranted should Council wish to consider development of this site.

Sustainability

Beneficial use of closed landfill sites is a desirable sustainability outcome and generally encouraged by the Environment Protection Authority (EPA). However, it also poses some risk management and cost considerations that would need to be weighed against the value of the proposed development.

Asset

The site has significant potential asset value. At present the site is a liability and provides no appreciable return to the community. Realising the value of the asset will take significant investment, however development of the site would demonstrate Council’s commitment to sustainable development and the local community.

Social / Cultural

The Men’s Shed Association is well regarded in the community and provides a significant social benefit by providing men with the opportunity to improve and maintain their health and well-being by participating in the Men’s Shed program. There are now over 300 Men’s Sheds throughout New South Wales, with many located on Crown reserves. Crown Lands have been a supporter of the Men’s Shed movement and fully support Council’s endeavours to try and find a new location for the Bermagui branch.

Financial

An evaluation of the capacity of the site to be developed for public use would likely cost in the order of $50 to $100k. The mitigation measures, which may include an engineered cap over part or all of the site, and/or potentially removing some of the waste buried on site, would be a significant capital project. However, until a detailed evaluation is undertaken and a remediation plan is prepared, any estimate of the cost at this stage is speculative.

Conclusion

Council’s direction is sought with regard to further investigation of the Old Bermagui Landfill site with a view to remediation to a standard such that it could be used for the development of a Men’s Shed.

Attachments

Nil

Recommendation

1. That Council procure consultancy services to develop a remediation plan for a portion of the old Bermagui Landfill site.

2. That a further report be prepared for Council on the potential cost of remediation works proposed.

3. That Council write to the Bermagui Men’s Shed indicating a commitment to the development of a remediation plan, with a decision on whether to proceed with remediation based on an assessment of the likely cost of the works.

4. That Council advise the Bermagui Men’s shed the likely timeframe for the detailed investigation, consultancy report and decision on whether to proceed will be of the order of 12 months.

Council 14 October 2015

Item 12.1

12.1. Major projects quarterly update

Council resolved in December 2014 to receive quarterly reports on a number of major projects for the period January to 30 June 2015. This fourth and final quarterly report outlines updates against these key projects. The next report will focus on the 2015-16 major projects

General Manager

Background

At its meeting on 17 December 2014 Council resolved:

1. That Council adopts the major projects for the period 1 January to 30 June 2015 as listed below:

Major Projects:

· Bega, Bermagui, Eden and Merimbula Town Centre designs

· Bega Civic Centre

· Eden Port development

· Littleton Gardens

· Merimbula Airport

· Merimbula Bypass

· Merimbula effluent management

· Merimbula lands development

· Tura Community Centre and Branch Library development

Key organisation operational projects:

· Response to Fit for the Future, the NSW State Government’s response to the independent review of Local Government including the review of Council’s Resourcing Strategy, including Council’s Asset Management Plans, Long Term Financial Plan and Workforce Strategy

· Council’s Business Growth and Economic Development Strategy implementation

· Council’s communications and community engagement review

2. That into the future the development of the annual Operational Plan includes a list of the top projects to be reported on a quarterly basis to the Council and the community.

A monthly staff report is prepared on these and other significant projects for appropriate monitoring and oversight from the senior staff team. Key aspects reported against include:

· Planned outcomes and key outputs

· Progress with timelines and milestones

· Risks and actions to mitigate risks

· Internal and external communication plans

· Budget items including progress against budget

Councillors receive a confidential copy of these reports on a regular basis.

The following table summarises the information relating to the progress of the items which Council resolved to receive regular updates on.

The 2015-16 operational plan website is being finalised to include a section devoted to these headline projects for the year which will be reported against quarterly.

PROJECT	COMMENT
Town centre design projects – Bega, Bermagui, Eden, Merimbula	Works progressing to program plan for the first project which is Imlay Street Eden, with completion expected in November. Community information sessions held weekly with traders.
Bega Civic Centre	Building handed over from construction company to Council. Fit out for Chamber progressing. Management company appointed, fees for new centre use on public exhibition. Naming for the centre resolved by Council. External works and access commenced. Live streaming commissioned. Official opening planned to coincide with Australia Day activities 2016.
Eden Port	Crown Lands progressing project as planned. Community information session hosted by Council in Eden on 7 September was very well attended.
Littleton Gardens	Public art commission by Jen Malleson to be installed in late October. Construction works progressing. Car park access and northern half of Zingel Place to be completed in October with remaining works to be completed by December 2015. Issues relating to tree removal caused concern with some in the local community and restriction of vehicular access and parking during works has also been raised as an issue. Regular updates are being provided by as many means as possible to keep the community updated on works here and also in Gipps Street.
Merimbula Airport	Operational management tender process on track with Probity Advisor appointed, independent assessment panel members appointed and tender documents issued. On track to report to Council in November 2015. Regional Tourism Infrastructure (Regional Airports) program stage 2 application lodged. Application for National Stronger Regions Fund Round 2 lodged.
Merimbula By Pass	Works on roundabout completed Land acquisition matters finalised. Park/Wonga Streets drainage construction to commence October 2015. Palmer Lane (north) car park to be constructed as well as temporary car park in Wonga Street. Adjacent residents and relevant businesses contacted via letterbox drop and directly. Chamber advised of works. Adjacent owners separately contacted regarding trees to be removed.
Merimbula effluent management	Process to engage EIS consultants progressing. Ocean data collection continuing. Panel appointed. Minister’s staff advise State significant application is supported, awaiting sign off.
Merimbula Lands development	Main Street property documents to place site out for tender being prepared. Building assessment reports being undertaken as part of the due diligence requirements. Purchase of Auswide announced and closed session reports released. Matter has now settled. Planning proposal for the site being prepared. Draft Business Plan will now be finalised to next stage and reported to Council.
Tura Community Centre and branch library development	DA approved and construction certificate issued. Tender for works closed and to be reported to Council meeting 14 October 2015.
Fit for the Future (FFTF) and Resourcing Strategy Review	IPART to provide recommendations on Council improvement proposals to State Government mid October. State Government expected to announce final position in December 2015. Joint organisations of councils model now being further developed. Council submission on the Emerging Directions paper submitted following Council meeting of 23 September. MOU with Eurobodalla Council being progressed through a working party to be reported to Council in December 2015.
Business Growth and Economic Development Strategy implementation	Economic Development Strategy adopted. Staff position appointed with new officer to commence duties in October 2015. Discussions commenced re holding an economic development and business growth week of activities.
Communication and community engagement review	Staff training sessions commenced with provider, International Association for Public Participation Australia. Second round of training to be held later this year with session also to be run for Councillors. Last meeting of community reference panel to be held in October 2015.

Attachments

Nil

Recommendation

That Council note the fourth major projects update report.

Council 14 October 2015

Item 13.1

13.1. Local Government Grants Commission - financial assistance grants 2015-16

The Grants Commission have advised Council in relation to the calculations used and the estimated entitlements for 2015-16.

General Manager

Background

The NSW Minister for Local Government, the Hon Paul Toole, and the Deputy Prime Minister and Minister for Infrastructure and Regional Development, the Hon Warren Truss, have approved NSW Local Government Grants Commission’s recommendations for the 2015-16 financial assistance grants.

The estimated 2015-16 entitlement for Bega Valley Shire is $6,674,205. This consists of two components:

General Purpose $4,852,948

Local Roads $1,821,257

As previously advised at the time of the 2014-15 Federal Budget the indexation on the Local Government Financial Assistance Grants Programme was paused for three years. There has therefore been no change to the overall national funding pool for CPI and population growth until 2017-18.

Council was also advised by the NSW Local Government Grants Commission (LGGC) that “..the general component of the grants is allocated to States on a population basis. This will mean the NSW share of the general purpose component grant is expected to decrease during the period of paused indexation because population growth in NSW is expected to be below the national average.” This has resulted in a $107,000 reduction in the budgeted amount in Council’s adopted Budget for 2015 -16.

The Mayor has written to The Hon Dr Peter Hendy and The Hon Andrew Constance as our local members to advise of the impact of this policy approach of the Federal Government and the NSW LGGC assessment on this Council’s budget for the current year. It is imperative that this slow eroding of a key source of funding is addressed.

There are a number of Motions on this matter to be considered at the LGNSW Conference in Sydney over the period 11 – 13 October 2015, the outcome of which will be able to be to be reported to the meeting on the day.

Council has been provided with details about the way the NSW LGGC calculates Financial Assistance Grants. A copy of the circular is attached to this report.

Appendix A of the circular outlines the various factors considered by the Grants Commission as they relate to Bega Valley Shire. Appendix C details the disability factors

Appendix B outlines the explanation of calculation summaries for 2015-16.

The circular also invites submissions from councils in relation to the distribution of financial assistance grants for 2016-17. Bega Valley has previously made submissions to the LGGC covering requests that the following matters be considered in relation to its calculations for the Bega Valley and other similar local government areas (LGAs):

· targeted statistical research into tourism to appropriately calculate visitor loads on LGAs and adjustment of the disability factors accordingly.

· consideration of the loss of rate income from large areas of some LGAs being non-rateable as they are designated State Forest and National Parks, particularly as this relates to business operations in some State Forests and National Parks.

· consideration of the introduction of a new disability factor recognising aggregate effect of climate change on local government areas. This includes the impost on Council’s planning and managing infrastructure and other property services affected by the combination of bushfire, flood, storm and sea level rise – most of which are beyond the scope of recovery from insurance claims and government grants.

· consideration of varying the minimum allocation based on population, cognisant of compounding effect of rapid growth on coastal areas that are incapable of population and development intensification.

· consideration of merging comparative data statistics with the Office of Local Government to minimise data collection effort and streamline annual reporting of information and benchmarking to the industry and community.

It would appear that whilst there have been some moves in the disability factors, for example recognition of flood prone buildings, beach lifesaving, and climate measures, non-resident (tourism) use of recreation facilities, other matters have not been directly addressed.

Guidelines for special submissions in relation to 2016-17 Grants are attached at Appendix D.

Special submissions can be lodged relating to the financial impact of inherent expenditure disabilities beyond its control that are not generally recognised in the current methodology. Submissions are required to be lodged by 30 November 2015.

Issues

Legal

The NSW LGGC makes recommendations to the Minister for Local Government on the allocation of general purpose grants to local governing bodies in New South Wales under the provisions of the Commonwealth Local Government (Financial Assistance) Act, 1995.

Financial

Council’s allocation of funding from financial assistance grants for 2015-16 will result in a deficit of $107k compared to Council’s adopted Budget. This will be adjusted in September QBRS where budgetary cuts are required in various service areas. The two areas that have currently been identified for reduction in the General Purpose area, of $96,052, are training and seminars and Council financial grants programs. More detail will be presented to Council with the quarterly review.

Council’s Allocation Council’s Budget Deficit

General Purpose $4,852,948 $4,949,000 ($96,052)

Local Roads $1,821,257 $1,832,500 ($11,243)

Total $6,674,205 $6,781,500 ($107,295)

Trending for this grant over recent years has seen loss of revenue for Council in real terms and this will be amplified due to the current indexation freeze which is expected to continue until at least 2017-18.

	2011-2012	2012-2013	2013-2014	2014-2015	2015-2016
Local Government Cost Index [LGCI]	2.80%	3.80%	3.40%	2.30%	2.40%
BVSC Entitlement [a]	6,511K	6,676K	6,800K	6,740K	6,674K
BVSC's Estimated Entitlement [b] [If LGCI was applied on Year on Year Base Year being 2011]	6,638K	6,890K	7,125K	7,289K	7,463K
Estimated Loss of Revenue [c = b - a]	128K	215K	325K	549K	789K

Operational Plan

The Financial Assistance Grant is a significant funding source contributing to the implementation of Council’s Operational Plan.

Conclusion

It is considered appropriate that Council again raise with the LGGC the disability factors faced by this LGA which are not currently reflected in the current disability calculations.

Attachments

1. Notification of Estimated FAGs Entitlement 2015-16

2. Detailed Summary of FAGs Entitlement 2015-16 Calculation

Recommendation

1. That Council note the approved Financial Assistance Grant in two parts for 2015-16.

2. That Council make a submission to the NSW Local Government Grants Commission relating to the 2016-17 grants to present information on the financial impact of inherent expenditure disabilities beyond its control that are not generally recognised in the current methodology.

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
Office of Local Government	(02) 4428 4100	olg@olg.nsw.gov.au	http://www.olg.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

Council	14 October 2015
*Item 8.1 - Attachment 1*	Subdivision Plan

Council	14 October 2015
*Item 8.1 - Attachment 2*	Locality and Zoning Map

Council	14 October 2015
*Item 8.1 - Attachment 3*	Subdivision overlay with traffic calming locations

Council	14 October 2015
*Item 8.1 - Attachment 4*	Summary of submissions

Council	14 October 2015
*Item 8.1 - Attachment 5*	Draft consent conditions

Council	14 October 2015
*Item 8.2 - Attachment 1*	Development Plans

Council	14 October 2015
*Item 8.2 - Attachment 2*	Locality Plan

Council	14 October 2015
*Item 8.4 - Attachment 1*	Draft Companion Animals Control Areas Procedure

Council	14 October 2015
*Item 8.5 - Attachment 1*	Development plans

Council	14 October 2015
*Item 8.5 - Attachment 2*	Draft Consent Conditions

Applicant	Sapphire Coast Producers Association
Owner	Bega Valley Shire Council
Site	Lot 104 DP 1151462, Part Lots 10-13 DP 758076, Littleton Gardens, Bega
Proposed development	Weekly Farmers Market – maximum 40 stalls

Council	14 October 2015
*Item 8.7 - Attachment 1*	Littleton Gardens proposed layout plan with 40 market stalls

Signed
Print Name	Councillor

Council	14 October 2015
*Item 8.7 - Attachment 2*	Additional Information from SCPA

Council	14 October 2015
*Item 8.7 - Attachment 3*	Draft Consent

Council	14 October 2015
*Item 11.1 - Attachment 1*	Location map for proposed Virginia Drive, Bega

Council	14 October 2015
*Item 11.2 - Attachment 1*	Location map for proposed Robin Close, Merimbula

Funding source 2016/17		Amount
RMS	$	120,000
Council	$	40,000

Council	14 October 2015
*Item 11.5 - Attachment 1*	Memo Leanne Barnes from Wayne Sartori Ice Pigging Approved

Council	14 October 2015
*Item 12.2 - Attachment 1*	Completed Council Meeting Actions 1 July 2015 to 30 September 2015

Council	14 October 2015
*Item 12.2 - Attachment 2*	Outstanding Council meetings actions 1 July 2015 to 30 September 2015

Council	14 October 2015
*Item 12.3 - Attachment 1*	Internal Audit Committee Annual Report 2014/15

Council	14 October 2015
*Item 13.1 - Attachment 1*	Notification of Estimated FAGs Entitlement 2015-16

Ordinary

Meeting Notice and Agenda

Publishing Of Agendas And Minutes

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

Conflict of interest

The test for conflict of interest

Identifying problems

Agency advice

Disclosure of pecuniary interests / non-pecuniary conflict of interests

Agenda

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Apologies and requests for leave of absence

2 Confirmation Of Minutes

3 Declarations

4 Deputations (by prior arrangement)

5 Petitions

6 Mayoral Minutes

7 Adjournment to Standing Committees

Recommendation

8 Staff Reports – Planning and Environment (Sustainability)

9 Staff Reports – Community, Culture and Leisure (Liveability)

10 Staff Reports –Economic Development and Business Growth (Enterprising)

11 Staff Reports – Infrastructure Waste and Water (Accessibility)

12 Staff Reports – Governance and Strategy (Leading Organisation)

13 Staff Reports – Finance (Leading Organisation)

14 Adoption of Reports from Standing Committees

Recommendation

15 Delegates Reports

16 Rescission/alteration Motions

17 Notices of Motion

18 Urgent Business

19 Questions On Notice

20 Questions for the Next Meeting

21 Items of Interest Relating to Council Business

22 Confidential Business

23 Adoption of reports from Closed Session

24 Resolutions to declassify reports considered in closed session

4.1. Denis Lea and Anthony Taylor - DA 2013.0373 Lot 2 DP 582074 Thompson Drive Tathra. Report No 8.1 33 lot subdivision - Tathra River Estate, Thompson Drive Tathra

Attachments

Council

14 October 2015

Staff Reports –Planning And Environment (Sustainability)

14 October 2015

Precis

Background

Description of the proposal

Description of the site

Planning assessment

Zoning

Issues

Impact on a sensitive coastal location

Impact on the amenity of the public domain

Height, bulk and scale

Height

Bulk and scale

Consultation

Submissions

Legal

Conclusion

Attachments

Recommendation

Precis

Background

Details of the applicant’s request for modification

Conclusion

Attachments

Recommendation

Precis

Description of the proposal

Description of the site

Planning assessment

Zoning

Issues

Streetscape character and amenity

Restrictive Easement

Noise impacts

Traffic generation

Submissions

Council	14 October 2015
*Item 13.1 - Attachment 2*	Detailed Summary of FAGs Entitlement 2015-16 Calculation

Funding source	June 2015	July 2015	August 2015
General Fund	$21,004,000	$16,004,000	$13,004,000
Water Fund	$16,796,000	$16,796,000	$16,796,000
Sewer Fund	$15,200,000	$15,200,000	$15,200,000

Funding source	External Restrictions ‘000	Internal Restrictions ‘000	Unrestricted ‘000	Total ‘000
General Fund	$9,528	$10,264	$3,092	$22,884
Water Fund	$5,099	$11,697		$16,796
Sewer Fund	$3,255	$11,945		$15,200

Council	14 October 2015
*Item 13.2 - Attachment 1*	Investment Report September