Business Paper - Sutherland Shire · 2016. 11. 17. · Road, Cronulla (refer to aerial photograph...

Business Paper

Council Meeting

Monday, 21 November 2016 6:30pm

Council Chambers, Level 2, Administration Building

4-20 Eton Street, Sutherland

Council Meeting 21 November 2016

ORDER OF BUSINESS

1. ACKNOWLEDGEMENT OF COUNTRY 2. OPENING PRAYER 3. APOLOGIES 4. DISCLOSURES OF INTEREST 5. CONFIRMATION OF MINUTES OF THE PREVIOUS MEETING 6. PRESENTATIONS 7. MAYORAL MINUTES 8. REPORTS OF THE CORPORATE GOVERNANCE COMMITTEE HELD ON 7 NOVEMBER

2016

GOV001-17 Adoption of Corporate Governance Committee Charter

GOV002-17 Writing-Off of Rates and Charges Under Delegated Authority for the Period 1

January 2016 to 30 June 2016

GOV003-17 Quarterly Budget Review Statement for Period Ending September 2016

GOV004-17 Cash Payments & Investments Report – September 2016

GOV005-17 Delivery Program 2013/14 - 2016/17 Incorporating Operational Plan 2015/16

Annual Report (July 2015 - June 2016)

GOV006-17 Code of Conduct Complaint Statistics

9. REPORTS OF THE SHIRE SERVICES COMMITTEE HELD ON 7 NOVEMBER 2016 SER001-17 Adoption of Shire Services Committee Charter

SER002-17 Acquisition of Land from Sydney Water - Part Lot 1R Brighton Drive,

Bundeena

SER003-17 Lease to Elouera Surf Life Saving Club Inc.

SER004-17 Community Services Grants 2016/2017, & Section 356 Miscellaneous

Grants (November) - Funding Allocations

SER005-17 Water Play Park at Sutherland Leisure Centre

SER006-17 Licence to Nerang Road Community Garden Inc

10. REPORTS OF THE SHIRE INFRASTRUCTURE COMMITTEE HELD ON 7 NOVEMBER 2016 INF001-17 Adoption of Shire Infrastructure Committee Charter

INF002-17 2015/2016 Sporting Facilities Development Fund

INF003-17 Prices Circuit & Manilla Place Woronora – Drainage


INF004-17 Extension of the Ridge Golf Course and Sports Complex Maintenance

Contract

INF005-17 Cronulla Traffic Study Update

11. REPORTS OF THE SHIRE PLANNING COMMITTEE HELD ON 7 NOVEMBER 2016

PLN001-17 Adoption of Shire Planning Committee Charter

PLN002-17 Kareela Flying-fox Camp Dispersal Update and Budget Review

PLN003-17 Results of Exhibition of Draft Section 94 and Section 94A Plans

PLN004-17 Results of Public Exhibition of Planning Proposal to Rezone 87-97 Willarong

Road, Caringbah (Draft Amendment 5 to SSLEP2015)

PLN005-17 Review of Tree Removal Application Fee

12. REPORTS FROM OFFICERS

COR033-17 Report and Minutes of the Meeting of the Sutherland Traffic and Traffic

Safety Committee held on Friday, 4 November 2016

COR034-17 Funding Request - Como Jannali Junior Rugby League Football Club

COR035-17 Exhibition of Draft SSLEP2015 Amendment 6

13. MOTIONS OF WHICH NOTICE HAS BEEN GIVEN 14. MOTIONS

MOT015-17 Neighbour Notification Process

15. PRESENTATION OF PETITIONS

16. QUESTIONS

17. NON AGENDA ITEMS

18. CONSIDERATION OF BUSINESS IN CLOSED SESSION 19. CONFIDENTIAL REPORTS OF THE SHIRE INFRASTRUCTURE COMMITTEE HELD ON 7

NOVEMBER 2016 INF001A-17 T641/16 Sylvania Waters Athletics Track Resurfacing

INF002A-17 Minutes of the Commercial Property Projects Steering Committee held on 30

May 2016

INF003A-17 T545/15 Scylla Bay Oval - Demolition of Existing Amenities and Clubhouse

& Construction of New Amenities and Clubhouse

20. CONFIDENTIAL REPORTS FROM OFFICERS

COR006A-17 1 Myuna Place, Port Hacking - Driveway for 108 Turriell Point Road


REPORTS OF THE CORPORATE GOVERNANCE COMMITTEE HELD ON 7 NOVEMBER 2016

GOV001-17 ADOPTION OF CORPORATE GOVERNANCE COMMITTEE CHARTER EXECUTIVE SUMMARY

• The commencement of the Council term has seen Council endorse a new committee structure

and the charters and members for these committees.

• The endorsed charters will facilitate the first meeting of each of the Standing Committees.

• Subsequent to their adoption feedback has been received on the Standing Committee charters

which have been reviewed and are now presented to the committee for consideration.

COMMITTEE RECOMMENDATION

That the Charter for the Corporate Governance Committee, as attached in Appendix A of this

report, be adopted.


GOV002-17 WRITING-OFF OF RATES AND CHARGES UNDER DELEGATED AUTHORITY FOR THE PERIOD 1 JANUARY 2016 TO 30 JUNE 2016

EXECUTIVE SUMMARY

• The purpose of this report is to advise Council of the amounts written-off for rates and charges

which have been approved by the General Manager under delegated authority as required by

the Local Government (General) Regulation 2005.

• For the six months ended 30 June 2016, a total of $9,280.25 representing Rates, Domestic

Waste Management Charges, Dishonoured Cheque Fees, Interest Charges and Legal Costs

has been written-off.

• The majority of amounts written off are related to properties that have become non-rateable or

have been the result of a change in rating categorisation.


That the report on "Writing-Off of Rates and Charges Under Delegated Authority for the Period 1

January 2016 - 30 June 2016", be received and noted.


GOV003-17 QUARTERLY BUDGET REVIEW STATEMENT FOR PERIOD ENDING SEPTEMBER 2016

EXECUTIVE SUMMARY

• In accordance with Section 203 (Budget Review Statements and Revision of Estimates) of the

Local Government (General) Regulations 2005:

(1) Not later than 2 months after the end of each quarter, the responsible accounting officer

of a Council must prepare and submit to the Council a budget review statement that

shows, by reference to the estimate of income and expenditure set out in the Council’s

Revenue Policy included in the Operational Plan for the relevant year, a revised estimate

of the income and expenditure for that year.

(2) A budget review statement must include or be accompanied by:

(a) A report as to whether or not the responsible accounting officer believes that the

statement indicates that the financial position of the Council is satisfactory, having

regard to the original estimate of income and expenditure; and

(b) If that position is unsatisfactory, recommendation for remedial action.


That the 1st Quarterly Budget Review Statement and recommendations contained within be

adopted and income and expenditure adjustments be voted.


GOV004-17 CASH PAYMENTS & INVESTMENTS REPORT – SEPTEMBER 2016 EXECUTIVE SUMMARY

• This report provides details of Council’s investment performance for the period ending 30

September 2016, along with presenting cash and investment balances and diversification.

• Council may invest funds that are not, at any particular time, required for any other purpose.

Investment of these funds must be in accordance with relevant legislation and regulations and in

accordance with Council’s Policy for Investment of Cash Balances. Details of these investments

must be reported to Council monthly.

• The return on Council’s portfolio to 30 September 2016 was 3.05% compared to the benchmark

of 1.94%.

• All investments have been made in accordance with legislative requirements and within relevant

Council policy.


That the information concerning Bank Balances and Investments held as at 30 September 2016, be

received and noted.


GOV005-17 DELIVERY PROGRAM 2013/14 - 2016/17 INCORPORATING OPERATIONAL PLAN 2015/16 ANNUAL REPORT (JULY 2015 - JUNE 2016)

EXECUTIVE SUMMARY

• This report provides an update on progress towards Delivery Program objectives within the

twelve months 1 July 2015 to 30 June 2016 and the third year of the four year Delivery Program.

• Progress towards objectives is measured through a series of performance indicators/targets

contained within the program document.

• The majority of objectives are being met, with 125 targets measuring >90% progress, 25

measuring 50% - 89% progress, none measuring less than 50% and 23 not commenced or

cancelled.

• Section 405(5) of the Local Government Act 1993 requires that the General Manager ensure

that regular progress reports are provided to the Council on its progress with respect to the

principle activities detailed in its Delivery Program at least every six months.


That the half yearly report on the key achievements of Council's Delivery Program and progress

against the program of works and activities adopted in the 2015/2016 Operational Plan be received

and noted.


GOV006-17 CODE OF CONDUCT COMPLAINT STATISTICS EXECUTIVE SUMMARY

• Part 12 of the Procedures for the Administration of the Code of Conduct requires that statistics

on the number of Code of Conduct complaints received about Councillors and the General

Manager under the Code of Conduct be reported to Council on an annual basis.

• This report provides statistics on the complaints received and the total cost of dealing with those

complaints.

• A total of seven Code of Conduct complaints were received about Councillors and the General

Manager in the year up to September 2016.


That the report on the Code of Conduct Complaints Statistics be received and noted.


REPORTS OF THE SHIRE SERVICES COMMITTEE HELD ON 7 NOVEMBER 2016

SER001-17 ADOPTION OF SHIRE SERVICES COMMITTEE CHARTER EXECUTIVE SUMMARY







That the Charter for the Shire Services Committee, as attached in Appendix A of this report, be

adopted.


SER002-17 ACQUISITION OF LAND FROM SYDNEY WATER - PART LOT 1R BRIGHTON DRIVE, BUNDEENA

EXECUTIVE SUMMARY

• Sydney Water owns Lot 250 DP1047123 which sits between Berenice Forster Park and

Summers Reserve, Bundeena and was acquired in 2009.

• The lot encompasses the footpath which Council has historically maintained.

• The footpath section of the lot measures approximately 44m2 which is redundant to Sydney

Water purposes, it is therefore proposed that this section be to be transferred to Council

ownership.

• The acquisition will formalise and legalise the current use.


THAT:

1. The acquisition of part of Lot 250 DP1047123 located at 1R Bundeena Drive, Bundeena for

dedication as road purposes for $1 from Sydney Water, be approved.

2. In accordance with the Power of Attorney dated 6 July 2016 BK 4710 No.28, the General

Manager execute any necessary documentation to give effect to this resolution.


SER003-17 LEASE TO ELOUERA SURF LIFE SAVING CLUB INC. EXECUTIVE SUMMARY

• This report seeks Council's resolution to lease community land to the Elouera Surf Life Saving

Club Inc (the Club).

• The land is part of Lot 307 DP 8564 and adjoins the Club's existing premises at 80 Mitchell

Road, Cronulla (refer to aerial photograph at Appendix A).

• Council provided development consent for the Club to expand its building footprint to provide for

a 55 seat cafe and additional club storage. This lease formalises the building extension.

• This lease is for a term of six years and five months to coincide with the maturity date of the

existing lease. Both terminate on 31 December 2022.

• This lease, with a nominal $500 per annum community rent, will require the Club to take on all

responsibility for any defects as well as all repairs and maintenance of the café and storage

building. The Club will also contribute towards building insurance based on building value. The

building insurance contribution for the existing Elouera Surf Club based on the building value is

currently at $8,329 per annum.


THAT:

1. The community land, known as part Lot 307 DP 8564, 80 Mitchell Road, Cronulla, be leased to

Elouera Surf Life Saving Club Inc for a term of six years and five months.

2. The terms and conditions of the lease incorporate conditions of Development Consent

DA15/0376, annual community lease rental, annual building insurance contribution and future

building rectification and maintenance.




SER004-17 COMMUNITY SERVICES GRANTS 2016/2017, & SECTION 356 MISCELLANEOUS GRANTS (NOVEMBER) - FUNDING ALLOCATIONS

EXECUTIVE SUMMARY

• Council receives and considers grant and subsidy applications under a number of schemes, the

Community Services Grants, Section 356 Miscellaneous Grants, the annual Arts Grants and a

number of other fee relief requests by community groups hiring halls and other Council facilities.

• Council invites local, registered not for profit community organisations to apply annually for

Council funded Community Service Grants up to a value of $20,000; and in this round 51

applications were received.

• Applications with a strong focus on community development initiatives including community

capacity building, inclusiveness and accessibility, identifying areas of disadvantage or need and

increasing opportunity were highly regarded.

• All organisations making application were required to deliver projects that support the needs of

local residents.

• The assessment process was based on an eligibility check followed by an internal assessment

against the selection criteria based on the Community Strategic Plan of; Live (Active

Neighbourhoods), Work (Local education and training for jobs) and Enjoy (Connected and

Involved Community, Healthy and Well People and Diverse Leisure Opportunities).

• Fourteen community organisations delivering 16 projects have been recommended to receive

funding.

• Every quarter Council also considers applications under the Section 356 Miscellaneous Grants

Program; in this quarter five applications were received and two are recommended for funding.


THAT:

1. Funds totalling $172,326 from the Community Services Grants program 2016/17 be distributed

to 14 not for profit community organisations via 16 community projects.

2. Funds totalling $6,711 from the Section 356 Miscellaneous Grants program be provided to two

not for profit community organisations.

3. All groups receiving Council support are to acknowledge Council’s contribution in any

publications, social media, media releases and at the events / activities undertaken.

4. A review of Council’s various grants and subsidy programs be undertaken to align them to

Council’s strategic direction and a consolidated report on grants and subsidies be provided to

Council in future years.


SER005-17 WATER PLAY PARK AT SUTHERLAND LEISURE CENTRE EXECUTIVE SUMMARY

• Council has a number of aquatic facilities; Sutherland (SLC), Caringbah (CLC), Engadine (ELC)

Leisure Centres and Como pool.

• SLC was recently significantly refurbished and now presents an opportunity for an interactive

water play space to be added to it.

• There is a gap in the market for such a facility and it will serve as a drawcard for additional

visitors to the Centre and attract visitors who seek out new and alternate leisure and fitness

offerings.

• A review of similar water play installations have resulted in a 20-24% increase in casual aquatic

visits, increase in learn to swim clients and an increase in gross income of $250,000 to

$320,000 per annum.

• The proposed water play park at Sutherland Leisure Centre, with a design life of 20 years, is

expected to provide a net operating return (excluding depreciation) of $421,000 over 10 years.

• The capital cost for a suitable water play installation is estimated to be between $1.25M to

$1.5M, to be funded from the leisure centre capital reserve ($1,000,000), the balance to be

funded from the 2017/2018 capital program and other available sources.


THAT:

1. The construction of the proposed water play park at Sutherland Leisure Centre be approved.

2. Consideration be given to the allocation of funds for the water play park project from

allocations within the leisure centre capital reserve, the 2017/18 capital program and other

available sources.

3. A strategic plan for all the Leisure Centres be developed and provided to a future meeting.


SER006-17 LICENCE TO NERANG ROAD COMMUNITY GARDEN INC EXECUTIVE SUMMARY

• This report seeks Council's resolution to licence community land for five years to the Nerang

Road Community Garden Inc (Community Garden Inc).

• The proposed use of the land is to establish a community garden.

• It is necessary to seek Council resolution to licence the land as four objections were received as

a result of Council advertising the proposal.

• The land is Lot 29, DP 9247 known as 10 Nerang Road, Cronulla (refer to Appendix A).


THAT:

1. Council licence community land being Lot 29, DP 9247 known as 10 Nerang Road, Cronulla

for five years to the Nerang Road Community Garden Inc. as shown in Appendix A.




REPORTS OF THE SHIRE INFRASTRUCTURE COMMITTEE HELD ON 7 NOVEMBER 2016

INF001-17 ADOPTION OF SHIRE INFRASTRUCTURE COMMITTEE CHARTER EXECUTIVE SUMMARY







That the Charter for the Shire Infrastructure Committee, as attached in Appendix A of this report, be

adopted.


INF002-17 2015/2016 SPORTING FACILITIES DEVELOPMENT FUND EXECUTIVE SUMMARY

• The Sporting Facilities Development Fund was established by Council to assist Sutherland

Shire based sporting clubs/associations finance improvements to their club infrastructure

through a low interest loan. Loans are for a minimum of $25,000 to a maximum of $250,000 (out

of a fund of $1 million).

• The Sporting Facilities Development Fund was advertised twice during the 2015/2016 financial

year (August/September 2015 and February/March 2016) with one application received each

round.

• Applications were assessed by the Sporting Facilities Development Fund Panel and

recommendations are being made to Council through this report.

• The minutes of the Sporting Facilities Development Fund Panel meeting of 25 May 2016 are

attached to receive and note.


That the minutes of the Sporting Facilities Development Fund Panel meeting of 25 May 2016 be

received and noted, and Council endorse the recommendations therein.


INF003-17 PRICES CIRCUIT & MANILLA PLACE WORONORA – DRAINAGE EXECUTIVE SUMMARY

• This report seeks to allocate a total of $474,000 for urgent drainage and road works in Prices

Circuit, Woronora in order to address flooding and poor road drainage identified following

intense storms that occurred in April 2015 and June 2016.

• The proposal has been prioritised due to the major flooding (including raw sewage

contamination) due to pipe capacity and blockages that has affected properties in Prices Circuit,

Yanko Close and Manilla Place, Woronora as well as the nearby caravan park.

• Council has worked with Sydney Water to develop an action plan which was presented to a

meeting of the Woronora Valley community on the 17 August 2016, which included a number of

mitigation measures to be undertaken by Council. Clearing works have been undertaken and a

design has now been completed for the drainage system upgrade.

• The proposal has been assessed as critical and as a result of this assessment it should be

actioned for completion as a high priority. This means an immediate allocation of funds, and

funds will be provided through current project budget savings and drawing upon the capital

works reserve.


That Council vote funds totalling $474,000 for the design, project management and construction of

drainage and road works in Prices Circuit, Woronora to be funded from current project savings and

capital works reserve.


INF004-17 EXTENSION OF THE RIDGE GOLF COURSE AND SPORTS COMPLEX MAINTENANCE CONTRACT

EXECUTIVE SUMMARY

• The Ridge Golf Course and Sports Complex Maintenance Contract was awarded to

Programmed Turnpoint in 2011 for a three year period with an option to extend for a further

three years

• In 2014 the option to extend was taken up, extending the maintenance contract to 16 January

2017 through a Deed of Extension of Contract.

• As the Deed of Extension of Contract is due to expire, support is being sought to extend the

current maintenance contract for a six month period to 26 May 2017 under section 55(3)(i) of the

Local Government Act 1993 which states 'a contract where, because of extenuating

circumstances, remoteness of locality or unavailability of competitive or reliable tenders, a

council decides by resolution (which states the reason for the decision) that a satisfactory result

would not be achieved by inviting tenders'.

• An extension to 26 May 2017 will bring the maintenance contract in line with the Management

and Operational Licence of the Golf Course and Driving Range. It will also enable a thorough

exploration of service levels and a cost benefit analysis to be undertaken of the maintenance

options available for the complex.

• The value of the proposed extension is approximately $500,000.


That Council approve the extension of the current Ridge Golf Course and Sports Complex

Maintenance Contract held by Programmed Turnpoint to 26 May 2017 under section 55(3)(i) of the

Local Government Act 1993.


INF005-17 CRONULLA TRAFFIC STUDY UPDATE EXECUTIVE SUMMARY

• In response to the Cronulla Town Centre Traffic Study, Council resolved in October 2015 to

progress a preferred option to improve traffic flows at the southern end of the centre.

• At the same time a number of unsolicited responses from the community were received

suggesting alternative solutions that warranted further investigation and review of the original

preferred option.

• In July 2016 consultants began preparing a Public Domain Masterplan for Cronulla Town

Centre to plan for the short and long term future of the town centre including traffic and parking.

• The measures for improved traffic flow in Cronulla warrant further pursuit in consultation with

key stakeholders and the community. In this regard, it is appropriate that this consultation be

undertaken in conjunction with and as part of the development of the Cronulla Town Centre

Public Domain Masterplan.


That the measures for improved traffic flow in Cronulla be further pursued in consultation with key

stakeholders and the community as part of the development of the Cronulla Town Centre Public

Domain Masterplan.


REPORTS OF THE SHIRE PLANNING COMMITTEE HELD ON 7 NOVEMBER 2016

PLN001-17 ADOPTION OF SHIRE PLANNING COMMITTEE CHARTER EXECUTIVE SUMMARY







That the Charter for the Shire Planning Committee, as attached in Appendix A of this report, be

adopted.


PLN002-17 KAREELA FLYING-FOX CAMP DISPERSAL UPDATE AND BUDGET REVIEW EXECUTIVE SUMMARY

• Council have maintained a successful dispersal of the Kareela Flying-fox camp for over 13

months.

• Flying-fox numbers have varied over the last 13 months and they have roosted during the day

at Camellia Gardens and Kareela during big influxes of this highly migratory species.

• In order to maintain a successful dispersal, further funds are required to sustainably resource

dispersal activities at Kareela and continue to prevent roosting at inappropriate sites such as

Camellia Gardens.


THAT:

1. Funds of $130,000 for 2016-17 be allocated in the December budget review, to ensure that the

dispersal remains successful.

2. Funds of $120,000 for 2017-18 be allocated to ensure that the future dispersal activities are

adequately funded.

3. Council progress, as a priority, the Kareela Flying-fox Camp Master Plan.


PLN003-17 RESULTS OF EXHIBITION OF DRAFT SECTION 94 AND SECTION 94A PLANS EXECUTIVE SUMMARY

• Council exhibited Draft 2016 Sutherland Shire Section 94 and Section 94A Development

Contributions Plans for 28 days from 27 July to 25 August 2016. Council also exhibited the

'Strategy for Finalisation of current S94 and S94A Plans'.

• Seven submissions were received during the public exhibition. No changes are recommended in

response to the submissions. Minor corrections and amendments to the Works Schedule

requested by Council's Asset Management Group have been made.

• The adoption of the new plans will repeal the existing Section 94 and Section 94A plans for new

development applications.


THAT:

1. The Draft Sutherland Shire Section 94 Development Contributions Plan 2016 and the Draft

Sutherland Shire Section 94A Development Contributions Plan 2016, as amended and

attached as Appendices A and B, be adopted subject to inclusion of a minor modification for

the upgrading of boating and recreation facilities on Old Ferry Road, Illawong.

2. The 'Strategy for Finalisation of current S94 and S94A plans', as appended to each of the

existing plans, which are attached as Appendix C, be adopted.

3. A notice be placed in the St George and Sutherland Shire Leader advising of the adoption of

the new plans and the plans be forwarded to NSW Department of Planning and Environment.


PLN004-17 RESULTS OF PUBLIC EXHIBITION OF PLANNING PROPOSAL TO REZONE 87-97 WILLARONG ROAD, CARINGBAH (DRAFT AMENDMENT 5 TO SSLEP2015)

EXECUTIVE SUMMARY

• The Planning Proposal for Amendment 5 to SSLEP2015 seeks to rezone 87-97 Willarong Road,

Caringbah from R2 Low Density Residential to R4 High Density Residential, with an increase in

development standards to those which generally apply in the R4 zone.

• Three submissions were received objecting to the proposal. They raise issues of traffic, parking,

pedestrian safety, overlooking of the adjoining school grounds, waste collection and concerns

with the planning process.

• Many of the issues identified in the submissions can be addressed in the design of future

development or can be adequately resolved during the development assessment process.

• It is recommended that the Planning Proposal proceed without variation and Council exercise its

authorisation to make the plan.


THAT:

1. Council formally request Parliamentary Counsel prepare and make a legal instrument to

rezone land at 87-97 Willarong Road, Caringbah to R4 High Density Residential with FSR of

1.2:1 and Maximum Building Height of 16m.

2. On receipt of the Opinion of the Parliamentary Counsel's Office that the legal instrument can

be made, pursuant to Clause 400 of the Local Government (General) Regulations 2005, the

LEP be executed under the Common Seal of the Council of the Sutherland Shire in the

presence of the Mayor and General Manager.


PLN005-17 REVIEW OF TREE REMOVAL APPLICATION FEE EXECUTIVE SUMMARY

• In July this year Council considered a report, Green Streets Program (EHR003-17). As part of

this report Council resolved to set a fee for applications to remove trees.

• In accordance with Section 610F of the Local Government Act 1993, the proposed fee was

advertised in the Leader for 28 days. Council received 13 submissions.

• It is recommended that Council adopt the fee structure identified in this report.


That the proposed fee of $150 for tree removal applications, with a 50% Pensioner discount, as

advertised, be endorsed and included in the 2016/2017 Schedule of Fees and Charges.


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COR033-17 REPORT AND MINUTES OF THE MEETING OF THE SUTHERLAND TRAFFIC AND TRAFFIC SAFETY COMMITTEE HELD ON FRIDAY, 4 NOVEMBER 2016

Attachments: Nil

EXECUTIVE SUMMARY

• A meeting of the Sutherland Traffic and Traffic Safety Committee was held on 4 November

2016.

• The Minutes of the meeting are below.

REPORT RECOMMENDATION

That the decisions contained in the Minutes of the Sutherland Traffic and Traffic Safety Committee

Meeting held on 4 November 2016 be noted.


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PRESENT: Councillor Croucher (Chairperson), together with Councillor McLean, Mr Ken Cook

(representing Ms Eleni Petinos, MP), Mr Neil McCormack (representing Mr Lee Evans, MP), Mr Mike

Schrafft (representing Mr Mark Speakman, MP), Ms Grace Richards (representing NSW Police,

Miranda Local Area Command), Mr Ross Budden (representing Transdev NSW), Ms Dora

Christoforidis (representing Transdev NSW) and Mr Michael Cutrupi (representing St George Cabs).

Staff in attendance were the Traffic and Transport Manager (Bruce Powe), Traffic Engineer (Gerhard

Van Wyngaardt) and Executive Officer - Governance (Neil Treadwell).

APOLOGY: Apologies tendered on behalf of Eleni Petinos MP, Lee Evans MP, Mark Speakman MP

and Nicolus Kocoski (representing the Roads and Maritime Services) were accepted.

Report and Minutes of the Meeting of the Sutherland Traffic

and Traffic Safety Committee held on Friday, 7 October 2016

DECISION: (Councillor Croucher/N McCormack)

That the Report and Minutes of the Sutherland Traffic and Traffic Safety Committee Meeting held on

Friday, 7 October 2016 be confirmed as a correct record.

*** Disclosures of Interest

There were no disclosures of interest declared.

All Report Recommendations were voted unanimously by the Sutherland Traffic and Traffic Safety Committee. STR042-17 Currah Road, Como - STOP sign File Number: 2016/231313

DECISION:

THAT:

1. A 'STOP' sign and linemarking be provided at the intersection of Currah Road and Bulumin

Street, Como, in accordance with Plan 'A' attached to the report.

2. The authorised officers be advised of this decision for enforcement.


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STR043-17 Gerrale Street Carpark, Cronulla - "No Parking Authorised Patrol and Lifeguard Vehicles Excepted" Restrictions

File Number: 2016/231313

DECISION:

THAT:

1. Two parking spaces signposted as "No Parking Authorised Patrol and Lifeguard Vehicles

Excepted" zones be provided at Gerrale Street carpark, Cronulla, in accordance with Plan 'A'

attached to the report.


STR044-17 Old Princes Highway, Sutherland - Signposting and Linemarking Plan

File Number: TT09/715963

DECISION:

THAT:

1. The signposting and linemarking proposal be approved at Old Princes Highway, Sutherland, in

accordance with Drawing number 16604 attached to the report.

2. The current utilisation of the existing '1 Hour' and '2 Hour' parking restrictions on the Eastern

and Western sides of Old Princes Highway between President Avenue and Park Street

Sutherland, be reviewed and the length of the parking zones be reduced where appropriate.

3. The Pedestrian Refuge island in Park Street be extended to the east (minimum 6m long) with

associated alteration to proposed linemarking including BB lines and RPM's on approach.


STR045-17 Box Road, Sylvania - Work Zone File Number: 2016/231313

DECISION:

THAT:

1. A 'Work Zone' operating between 7am to 5pm Mon - Fri and 7am to 3pm on Saturday be

approved on the northern side of Box Road, Sylvania in accordance with Plan A attached to the

report.



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STR046-17 Como School of Arts Carpark, Como - Authorised Mobility Parking Spaces


DECISION:

THAT:

1. The carpark be recognised as a road related area and the existing Authorised Mobility Parking,

Rear to kerb, No Parking and No Stopping signs be approved at 15-17 Novara Crescent, Como,

in accordance with Plan 'A' attached to the report.


STR047-17 Paddison Avenue, Gymea - Turning bay File Number: 2016/231313

DECISION:

THAT:

1. Approval be granted to reposition "No Stopping" signs in Paddison Avenue, Gymea to provide a

more appropriate turning area for waste collection vehicles and other large trucks to turn around

as shown on Plan 'A' attached to the report.


STR048-17 Oliver Street, Heathcote - Time limited parking adjacent Heathcote Public School


DECISION:

THAT:

1. '1P 8.30am - 6pm Monday to Friday, 8.30am - 12.30pm Saturday' signs be provided along the

northern side of Oliver Street, Heathcote, between Rosebery Street and Heath Lane, in

accordance with Plan 'A' attached to the report.

2. The existing 'No Parking' signs across Heath Lane be replaced with 'No Stopping' signs, in

accordance with Plan 'A' attached to the report



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STR049-17 Hungry Point Reserve, Nicholson Parade, Cronulla - Traffic and Parking Restrictions


DECISION:

THAT:

1. 2 Hour parking restrictions, two disability parking spaces and one-way restrictions be provided

within Hungry Point Reserve, in accordance with Plan 'A' attached to the report.

2. 22 metres of ‘No Parking’ restrictions be provided in Nicholson Parade fronting Hungry Point

Reserve, in accordance with Plan 'A' attached to the report.


4. Pursuant to the Delegations to Councils on the Regulation of Traffic, a Traffic Management Plan

be submitted to RMS for consideration of approval of the One Way restrictions. Under these

circumstances the advice of the RMS representative is offered without prejudice and will not be

construed as embodying the concurrence of the RMS.

STR050-17 Sunset Avenue, Cronulla - P10 Minute and No Parking Restrictions


DECISION:

THAT:

1. "P10 minute 8am-9.30am 2.30pm-4pm Monday to Friday" signs and "No Parking 8am-9.30am

2.30pm-4pm Monday to Friday" signs be provided at Sunset Avenue, Cronulla, in accordance

with Plan 'A' attached to the report.


STR051-17 Minor Signage Items - November 2016 File Number: 2016/231313

DECISION:

THAT:

1. The recommendations listed in the Minor Signage Items table, be approved in accordance with

the attached Plans.



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STR052-17 Prince Charles Parade, Kurnell - Proposed One-Way Restrictions


DECISION:

THAT:

1. In-principle endorsement be provided for one-way eastbound restrictions in Prince Charles

Parade, Kurnell, between Balboa Street and Silver Beach Road, in accordance with Plan 'A'

attached to the report.

2. Pursuant to the Delegations to Councils on the Regulation of Traffic, a Traffic Management Plan

be submitted to RMS for consideration of approval of the One Way restrictions. Under these

circumstances the advice of the RMS representative is offered without prejudice and will not be

construed as embodying the concurrence of the RMS.

3. Consultation with the local residents concerning the proposed changes include effected

residents in Torres Street, Dampier Street, Silver Beach Road and Balboa Street, Kurnell.

STR053-17 View Street, Animbo Street and Wandella Road, Miranda - Traffic Conditions

File Number: 2016-231313

DECISION:

THAT:

1. The proposal for half road closures in View Street and Animbo Street, Miranda be advertised for

public comment including a letterdrop of residents and property owners of View Street, Animbo

Street, Wandella Road between President Avenue and Karimbla Road, Miranda and adjoining

side streets.

2. The introduction of parking restrictions / yellow edge lines in View Street and Animbo Street,

Miranda to enhance traffic conditions and safety at road junctions as shown on Plan 'D'

attached to the report be included in the consultation process.

3. Existing "No Parking" and "No Stopping" zones in Wandella Road, Miranda be extended to

improve traffic flow on the approach to the traffic signals at President Avenue, Miranda in

accordance with Plan 'C' attached to the report.

4. Additional information be provided to the Sutherland Traffic and Traffic Safety Committee on the

potential impacts and delays at the corner of President Avenue and Wandella Road, Miranda.

5. The trees be trimmed on the north western side of President Avenue at the intersection of

President Avenue and Wandella Road, Miranda to provide clear vision of the traffic signal.


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LATE MATTERS RAISED AT MEETING STR054-17 Captain Cook Drive, Caringbah - Bus Zone Signage File Number: 2015/65532

Ms Dora Christoforidis (representing Transdev NSW) advised that a new bus service would

commence operation from 20 November 2016. The service will operate between Miranda and

Cronulla rail station, travelling along the Kingsway, Gannons Road, Captain Cook Drive, Elouera Road

and then onto Cronulla Station.

DECISION:

THAT:

1. In principal support is given for the installation of “Bus Zone” signage as required.

2. Traffic Engineers further investigate the location of the “Bus Zone’ on the southern side of

Captain Cook Drive opposite the Stadium Walk entrance.

The Meeting closed at 10:33 am.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Traffic & Transport Services Manager,

Bruce Powe, who can be contacted on 9710 0498.



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COR034-17 FUNDING REQUEST - COMO JANNALI JUNIOR RUGBY LEAGUE FOOTBALL CLUB

Attachments: Nil

EXECUTIVE SUMMARY

• Council is in the process of reviewing tender T545/15 Scylla Bay Oval - Demolition of existing

amenities and clubhouse and construction of new amenities and clubhouse (Council paper

INF003A-17).

• Funding for the project relies on Como Jannali Junior Rugby League Football Club contributing

$330,000 towards the project.

• Como Jannali Junior Rugby League Football Club are requesting funding assistance from

Council to fill the remaining funding gap and achieve the $330,000 contribution.

• Como Jannali Junior Rugby League Football Club are requesting a $130,000 Council

Guaranteed Loan or assistance through the Council operated Sporting Facilities Development

Fund.


THAT:

1. Council approve a $130,000 loan through the Sporting Facilities Development Fund to Como

Jannali Junior Rugby League Football Club to assist with their funding contribution of

$330,000 for tender T545/15 Scylla Bay Oval - Demolition of existing amenities and clubhouse

and construction of new amenities and clubhouse (Council paper INF003A-17).

2. The loan not be extended to Como Jannali Junior Rugby League Football Club until a funding

deed has been entered into with the Club.

3. The terms and conditions of the contract and funding deed with Como Jannali Junior Rugby

League Football Club be to the General Manager's satisfaction.


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PURPOSE

The purpose of this report is to request Council approval for a $130,000 loan through a Council

Guaranteed Loan or assistance through the Council operated Sporting Facilities Development Fund

for Como Jannali Junior Rugby League Football Club. The loan is to assist the Football Club with their

funding contribution of $330,000 for tender T545/15 Scylla Bay Oval - Demolition of existing amenities

and clubhouse and construction of new amenities and clubhouse (Council paper INF003A-17).

BACKGROUND

Funding for tender T545/15 Scylla Bay Oval - Demolition of existing amenities and clubhouse and

construction of new amenities and clubhouse (Council paper INF003A-17) is contingent on Como

Jannali Junior Rugby League Football Club contributing $330,000 towards the project.

Como Jannali Junior Rugby League Football Club are requesting funding assistance from Council to

achieve the full $330,000 contribution. The Club is requesting a $130,000 Council Guaranteed Loan or

assistance through the Council operated Sporting Facilities Development Fund.

A Council Guaranteed Loan requires Como Jannali Junior Rugby League Football Club to seek

funding assistance through a commercial bank at commercial rates. Council's Sporting Facilities

Development Fund provides assistance through a low interest loan between $25,000 and $250,000

out of a fund of $1 million. As part of the Sporting Facilities Development Fund application rounds a

standard legal loan document was prepared and this could be applied to the current case to minimise

time to finalisation.

DISCUSSION

Following the funding support request from Como Jannali Junior Rugby League Football Club, Council

officers have reviewed three years of audited financial statements to establish the credit worthiness of

the Club. This includes financial years 2013, 2014 and 2015. 2016 was not available for review.

Some important notes relating to the financial review are outlined below:

• There were no notes attached to the financial statements of the Club so there was a lack of

context to any specific details about accounting policies, decisions or statistical data around

membership etc, to comment on in the review.

• The average surplus for the Como Jannali Junior Rugby League Football Club for the last three

financial years is $28,897 (2013 - $45,269, 2014 - $12,584, 2015 - $28,839).

• Como Jannali Junior Rugby League Football Club does have money in the bank. The

equivalent of approximately $222,000 as at 31 October 2015 (this is made up of $54,000 in

cash at bank and term deposits of $168,000).

• Data was not available for 2016 as it is in the process of being collated, audited and reported to

the club.


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• Apart from any new liability for a loan, whether it be through a financial institution or Council,

there are no existing material debts recorded by the Club as at 31 October 2015.

Como Jannali Junior Rugby League Football Club is requesting support for a $130,000 Council

Guaranteed Loan or assistance through the Council operated Sporting Facilities Development Fund.

Council officers have reviewed and modelled the options available to the Club. The external financing

modelling used an assumed 6% interest rate, although the actual rate would be up to which financial

institution the club ended up securing the funds with. Over 10 years the annual payments would be

approximately $17,328 (principal & interest) and total repayments would be $173,280 (approximately)

over the life of the loan.

The internal financing was modelled on utilising the Sports Development Fund Reserve at a rate of 3%

interest. Over the 10 years the annual payments would be approximately $15,072 (principal & interest)

and total repayments would be $150,720 (approximately) over the life of the loan.

These two options are compared in the table below. Please note, all loan figures are purely for

comparative purposes at present, and no actual terms or assumptions can be deemed accurate until

further negotiations have been entered into either with Council or a financial institution.

Council Guaranteed Loan Sporting Facilities Development Fund

Interest rate 6% 3%

Term of loan 10 years 10 years

Average annual surplus $28,897 $28,897

Estimated annual repayment $17,328 $15,072

Estimated loan repayment with interest $173,280 $150,720

BUDGET AND RESOURCES

Como Jannali Junior Rugby League Football Club have secured the following funding for the $330,000

contribution to tender T545/15 Scylla Bay Oval - Demolition of existing amenities and clubhouse and

construction of new amenities and clubhouse (Council paper INF003A-17):

• $75,000 - National Rugby League Grant

• $25,000 - NSW Government contribution

• $100,000 - Como Jannali Junior Rugby League Football Club

The Club have a funding gap of $130,000 and Como Jannali Junior Rugby League Football Club are

requesting funding assistance from Council.


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POLICY

There is no specific policy on this issue but provision of playing fields and associated facilities will be

dealt with in the Shire Life Strategy - Planning for Open Space and Recreation in 2017.

A risk management consideration is that Como Jannali Junior Rugby League Football Club may not

be able to repay a $130,000 loan leaving Council with a $130,000 liability. This risk exists for both

options being considered. The Club's level of past surpluses indicates a capacity to repay a loan of

this size.

CONCLUSION

Funding for tender T545/15 Scylla Bay Oval - Demolition of existing amenities and clubhouse and

construction of new amenities and clubhouse (Council paper INF003A-17) is contingent on Como

Jannali Junior Rugby League Football Club contributing $330,000 towards the project. The Club have

advised that they have a funding gap of $130,000 and are requesting funding assistance from Council.

Following review of the last three years of audited financial statements, it was found that the Club has

been in surplus during this period. Therefore, whilst there is risk associated with lending money to the

Club, this risk is seen to be small.

Following review of the options available to the Club, Council officers are recommending that Council

provide support through the Sporting Facilities Development Fund - a low interest loan to the value of

$130,000 out of a fund of $1 million.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Sport Services Manager, Kellie Hayes,

who can be contacted on 9710 0469.



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COR035-17 EXHIBITION OF DRAFT SSLEP2015 AMENDMENT 6

Attachments: Appendices A, B, C, D, E, F, G and H

EXECUTIVE SUMMARY

• The Planning Proposal SSLEP2015 Amendment ‘Reclassification of Land’ seeks to amend

SSLEP2015 to reclassify six parcels of land and rezone one of these parcels. During public

exhibition of the Planning Proposal 22 submissions were received.

• The majority of submissions object to the proposed reclassification of 1 and 2 Myuna Place, Port

Hacking. Objections are primarily on the basis of potential impacts on traffic, parking and loss of

amenity resulting from the additional driveway access that could be facilitated by the

reclassification.

• In response to submissions, an amendment to the Planning Proposal as it relates to 11 Dampier

Street, Kurnell is recommended. This will necessitate the preparation of a revised Planning

Proposal to be submitted to the Department of Planning. Re-exhibition is unlikely to be required.


THAT: 1. The proposed reclassification of 34-36R Caravan Head Road, Oyster Bay proceed as

exhibited. 2. The proposed reclassification of 13R Pinnacle Street, Miranda proceed and, in accordance

with Council’s resolution of March 2014 the land is not to be sold but can be swapped to

achieve better development and public access outcomes. 3. The proposed reclassification of 11 Dampier Street, Kurnell not proceed. 4. The proposed reclassification of 1 and 2 Myuna Place, Port Hacking proceed, with the land be

dedicated as road reserve rather than being sold to adjacent residents. 5. The proposed reclassification and rezoning of part of 2R Alexander Road, Taren Point

proceed with the only rights-of-carriageway being granted across the land. 6. The proposed reclassification of 9 Kingsway, Cronulla proceed. 7. An amended Planning Proposal be submitted to the Director Sydney Region East, Planning

Services, Department of Planning and Environment as Delegate for the Greater Sydney

Commission. 8. The draft DCP2015 Chapter 7: Pinnacle Street Precinct Amalgamation Plan Option 2 be

amended to include 686 Kingsway.


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PURPOSE

For Council to consider the issues raised in submissions received to the public exhibition of the

Planning Proposal – SSLEP2015 Amendment Reclassifications and at the public hearing into the

proposed reclassifications.

BACKGROUND On 14 December 2015, Council resolved (EHR034-16) that the Strategic Planning Unit prepare a

consolidated Planning Proposal, to be known as Sutherland Shire Local Environmental Plan 2015 –

Amendment 4. Following advice from NSW Planning and Environment this amendment was

subsequently split into three separate planning proposals:

• A revised Amendment – ‘Housekeeping’

• Amendment – ‘Reclassification of land’ and

• Amendment – remaining issues from the finalisation of SSLEP2015.

On 30 June 2016 Gateway determination for the Planning Proposal - ‘Reclassifications’ was issued,

allowing exhibition, subject to conditions.

DISCUSSION

The Planning Proposal SSLEP2015 Amendment – ‘Reclassification of land’ seeks to reclassify six

sites from ‘Community land’ to ‘Operational land’. Details relating to each site are contained in the

relevant appendices. The Planning Proposal was on exhibition from 20 July to 18 August 2016. In

response to a request, the exhibition was extended to 1 September 2016. During this 42 day period, a

total of 22 submissions were received – see summary table below.

Site Number of submissions

34R-36R Caravan Head Road, Oyster Bay 1

13R Pinnacle Street, Miranda 3

75.5m2 of land forming Part of 2R Alexander Road, Taren Point 2

11 Dampier Street, Kurnell 3

1 and 2 Myuna Place, Port Hacking 12

9 Kingsway 0

Public Authority submission 1

Total 22

Table 1: Summary of submission issues and number received


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Detailed submissions tables for each site are attached in Appendices A to F. To view all submissions

(redacted for public viewing) see Appendix G.

In accordance with the requirements of the Local Government Act, a public hearing was held on 28

September 2016. Approximately 25 community members attended. The facilitators report from the

public hearing is attached as Appendix H.

34R-36R Caravan Head Road, Oyster Bay (Lot 219 DP 259657)

One submission was received. The submission expressed concern about changes to the R2 zone to

increase height and density leading to loss of privacy, loss of green space and increased traffic.

During the public hearing, the main concern expressed was that reclassification would provide

additional access to 34-36 Caravan Head Road and increase development potential on the land.

The land is zoned R2 Low Density Residential, where dual occupancy development, subdivision and

multi-dwelling housing is permitted. No changes to the permissible development or development

controls are proposed. The land proposed to be reclassified is a development control strip, created at

the time of the original subdivision as the landowner did not contribute to the cost of the construction

of Cowan Street (Appendix A). It was not created to limit development potential. Reclassifying the land

would remove one impediment to gaining access to the land from Cowan Street and could result in an

additional driveway access point. The ability to access the land from Cowan Street could facilitate

realisation of the existing development potential of the land, subject to development approval. It should

be noted that 34-36 Caravan Head Road is a very large lot with an area of approximately 1,777m2

and as such has potential for further development regardless of the reclassification.

The submission does not raise any issue that warrants variation to the Planning Proposal. It is

recommended that the reclassification of this land progress as proposed.

13R Pinnacle Street, Miranda (Lot 31 DP 11987) Three Submissions were received, expressing:

• Concern that the pathway and access to the precinct would be lost if the land is sold before the

replacement pathway has been secured;

• Objection to the proposed relocation of the pathway, as 686 Kingsway is excluded from

Amalgamation Plan Option 2 in the DCP controls for the Pinnacle Street Precinct;

• A request for an easement to the Kingsway to collect surface and stormwater flow from

properties in Pinnacle Street to stop the flooding of 684 Kingsway.

At the public hearing, concerns were raised about the amalgamations patterns in the DCP, how lots

are currently being amalgamated and about the best location for the relocated pathway.


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13R Pinnacle Street currently provides a pedestrian link between Pinnacle Street and Kingsway. The

proposed reclassification is not for the purpose of removing the path or excluding properties from the

amalgamations plan. The purpose of reclassification is to allow Council to have more flexibility in

providing a pedestrian pathway between Pinnacle Street and the Kingsway. Reclassification would

give Council the option of relocating the pathway, if it can produce better redevelopment and public

access outcomes (Appendix B). Council has previously resolved not the sell the land, but to reclassify

it to facilitate a land swap to relocate the pathway (DAP099-14).

Amalgamation Plan Option 2 is misleading, as although the Floor Space Ratio from 686 Kingsway has

been included in the built form marked on the amalgamation plan, it is not evident that the lot is

included in the amalgamation plan. The DCP has not yet been adopted by Council. It is recommended

that the error be corrected to clarify the inclusion of 686 The Kingsway in the Amalgamation Plan

Option 2.

The request for an easement to the Kingsway has been discussed with Council’s Stormwater and

Waterways Assets Manager. Although 13R Pinnacle Street is dedicated as a drainage reserve, it is

not currently used for this purpose. Future lot amalgamation and development in the precinct may

necessitate a drainage easement between Pinnacle Street and Kingsway. This would be determined

at development application stage. It is premature at this stage to identify the exact location of such an

easement.

It is recommended that the reclassification of this land progress as proposed. It is also appropriate that

the DCP Amalgamation Plan be corrected.

2R Alexander Avenue, Taren Point (Part Lot 1 DP 234622) The Planning Proposal seeks to reclassify an area of 75.5m2 and rezone it to E4 Environmental Living

(Appendix C). Two Submissions were received for this site expressing concerns that the proposal:

• Will result in the loss of public open space, particularly from Taren Point Shorebird Reserve;

• Seeks to provide access across land that is flood prone (low risk) and so will not be able to be

utilised during an emergency;

• Will facilitate development of 98 Woodlands Road resulting in negative impacts on the adjoining

property (1 Smith Street);

• Only pursues one option for achieving the deferred consent conditions associated with the

approved subdivision of 98 Woodlands Road.

• Is not in the public interest as it benefits a single landowner;

Similar concerns were articulated at the public hearing, as well as consideration as to whether the land

should be offered for sale by an open competitive bid.


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The subject land is on the edge of the Taren Point Shorebird Reserve. The surface is a combination of

asphalt and grass and appears to be informally used for access to 1 Smith Street and 98 Woodlands

Road. The land is identified in SSLEP2015 as flood prone and in draft DCP2015 as being within the

Low Flood Risk precinct. This does not preclude access from being provided from Smith Street.

Development consent has been granted for the subdivision of 98 Woodlands Road into two lots

(DA14/1169). The concerns over the potential impacts of future development on these lots on 1 Smith

Street are based on assumptions at this time. There is no detailed proposal for a dwelling house on

either of the proposed lots.

The impact of vehicular access to 98 Woodlands Road from Smith Street is not considered

unreasonable, as the driveway will be at least 20m from the existing dwelling on 1 Smith Street and

would provide access for a single dwelling. In March 2016, approval was granted for the conversion of

the existing dwelling on 1 Smith Street to a child care centre (DA15/0485). Should this be acted upon,

the land adjacent to the area to be reclassified will be utilised for parking and play areas.

Reclassification and rezoning would facilitate the creation of a legal access way from Smith Street to

the rear of 98 Woodlands Road (proposed lot 2); thus facilitating meeting the deferred commencement

condition for the subdivision of 98 Woodlands Road. This will benefit the existing landowner. However,

this needs to be balanced with facilitating the ‘the orderly and economic use and development of land’

which is an object of the EP&A Act. At the public hearing the owner of 1 Smith Street expressed an

interest in also acquiring the land the subject of the rezoning.

Sale of the land to the owner of 98 Woodlands Road is only one means of achieving the creation of

legal access from Smith Street. It can also be achieved by a registered right-of-carriageway to

formalise access to Smith Street. To pursue this option it would still require the land to be reclassified.

However, it would mean that both properties could potentially benefit from the right of way. It would

also allow the land to remain part of the reserve. This is considered to be the best solution because all

parties would benefit equally and the land would remain in public ownership, allowing greater long

term flexibility in relation to the use of Shore Bird Reserve.

After consideration of the above, it is recommended that the proposed reclassification and rezoning of

the land should progress. However, the land should not be sold and Council should only enter into

rights-of-carriageway across the land.

9 Kingsway, Cronulla (Lot 1 DP 700935) No submissions have been received. During the public hearing the main concerns voiced were the

uncertainty of the land use in the future and its potential to be sold (Appendix D). Currently, the land

can only be accessed and used by the adjoining owners as a parking lot and is therefore of no

community or public use, despite its classification as ‘community land’.


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Council parking lots are generally classified as ‘operational’ land to allow Council to better manage

these facilities. Council has no current plans for the future of the site and no plans to sell the land.

Reclassification is proposed to provide Council with the ability to respond to any future proposals,

without the time delay that is associated with undertaking a reclassification. It is recommended that the

proposed reclassification proceed.

1 and 2 Myuna Place, Port Hacking (Lot 10 DP 255123 and Lot 9 DP 255123)

Twelve Submissions were received – 11 opposing and one in support of the proposed reclassification.

The submission supporting the reclassification expressed the view that the proposed change should

have been made a long time ago.

Many detailed issues and concerns were voiced in the submissions opposing the proposal as detailed

in Appendix E. Similar issues were raised at the public hearing. These can be summarised into the

following four main areas of concern:

• Concerns about the process relating to the sale of the land: Residents are concerned that

Council entered into the negotiations to sell a portion of 1 Myuna Place to the owner of 24 Little

Turriell Bay Road without consulting with the residents of Myuna Place regarding the impact of

an additional vehicular crossing. During the assessment of a development application for a

secondary dwelling on 24 Little Turriell Bay Road, residents were advised that vehicular access

could not be gained from Myuna Place, although Council had entered into negotiations to agree

a sale price for a portion of the land to allow vehicular access to be pursued.

• Lack of consultation with the residents of Myuna Place: Submissions indicated that residents

are aggrieved that they were not consulted or informed of the proposed sale of land along

Myuna Place or the proposed reclassification. The submissions expressed dissatisfaction that

the residents of Little Turriell Bay Road were advised of the proposed reclassification by letter

dated 13 July 2016, while the residents of Myuna Place only became aware of the proposed

reclassification when the public exhibition of the Planning Proposal was notified in The Leader.

• Failure to consider all relevant matters in the planning assessment: Submissions express

concerns about lack of consideration of the impacts of potential additional vehicular access

which would become possible if the land is reclassified: additional traffic generation and parking,

congestion and safety, loss of amenity as well as concerns about the changes to the sense of

community in Myuna Place. Submitters noted that Council’s Land Management Committee and

Civil Assets Unit have previously not supported additional access points in Myuna Place in the

past.


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• Non-compliance with statutory requirements: A submission argues that Council has breached

Section 45(1) of the Local Government Act by resolving to enter into a contract for sale of

community land. It also contends that the Planning Proposal does not meet the statutory

requirements set out in Section 55 of the Environmental Planning and Assessment Act. A

number of submissions submit that the proposed reclassification is in breach of Section 32 of

the Local Government Act.

Representations on behalf of residents were received from the Hon. Scott Morrison MP, Federal

Member for Cook and The Hon. Mark Speakman, NSW Environment and Heritage Minister.

By way of background, Council received a request from the landowner of 24 Little Turriell Bay Road to

purchase land at the rear of the property in 2013. For minor reclassification matters, Council’s

Property Services endeavour to negotiate an agreed conditional land price prior to commencing

reclassification, so as not to waste time and resources pursuing unnecessary amendments to the LEP

if agreement cannot be reached. Similar to any other proposed change to an LEP, the exhibition of a

Planning Proposal to reclassify land and supporting public hearing provide the opportunity for public

comment on the proposed sale of public land. Only once the land has been reclassified, can Council

enter into a contract for sale. Although Council has resolved to enter into a contract for sale, the

particular resolution was part 3 of a larger resolution, and can only be read in the context of parts 1

and 2. That is, the contract of sale is dependent upon the reclassification being completed. No

contract for sale has been prepared. It is considered that no breach of the Local Government Act has

occurred.

Unless land is classified as operational land, legal access across public land cannot be granted.

Consequently, when the DA for a secondary dwelling on 24 Little Turriell Bay Road was assessed and

approved in June 2015, vehicular access to the rear from Myuna Place could not be obtained. This is

still the situation. There has been no formal application to create access to 24 Little Turriell Bay Road

from Myuna Place, only a request to purchase the land.

The public exhibition of the Planning Proposal and the holding of the Public Hearing provided

opportunity for interested parties, including residents of Myuna Place to make comment on the

proposed reclassification. Notification of the public exhibition of the Planning Proposal and Public

Hearing has been undertaken in accordance with the statutory requirements of the Environmental

Planning and Assessment Act 1979, the Local Government Act 1993 and the conditions of the

Gateway Determination. This comprised advertisement in The Leader and letters (dated 13 July 2016)

to the landowners of land immediately adjoining 1 and 2 Myuna Place. Following enquiries from

residents of Myuna Place, notification was provided to all the residents of Myuna Place who had not

already been notified.


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The planning merits of the proposed reclassification and resulting outcomes have been considered

and are provided in Appendix F. In summary, Myuna Place is a cul-de-sac with a road width of

approximately 5.5m. The two development control strips proposed to be reclassified read as ‘nature

strips’ on either side of the road. They have maximum widths of 3 meters wide on the western side of

Myuna Place and 2.5m on the eastern side, tapering to a point at the base of the cul-de-sac. As such

the reclassification relates to only a very small parcel of land. The development control strips were

originally created to stop dual access to the properties fronting Little Turriell Bay Road. This was

common practice at the time of the subdivision (1970s).

Although the development control strips are dedicated as public reserve, they are not zoned RE1

Public Recreation. They are zoned the same as the adjoining land, and have been zoned as such

since at least 2000. No change to the zoning is proposed. The development control strip on the

eastern side provides pedestrian access to the cul-de-sac, although there is no footpath in place.

Within Myuna Place, there are six residential properties with access from Myuna Place. There are

seven properties on the western side of Myuna Place (adjoining 1 Myuna Place), of which six

properties front Little Turriell Bay Road and one fronts Turriell Point Road, sharing a side boundary

with 1 Myuna Place. There is one property fronting Turriell Point Road, which adjoins the eastern

development control strip (2 Myuna Place). From observation, it is evident that three of the western

side properties and the property on the eastern side have informal access to their properties from

Myuna Place. Only one property on the western side has a driveway off the cul-de-sac.

The residential properties and development control strips are zoned E3 Environmental Management, a

low density zone which permits single dwellings and secondary dwellings (dwellings smaller than

65m2). Consent can currently be sought for secondary dwellings on properties adjoining 1 Myuna

Place. Approval of secondary dwellings is not dependent on vehicular access or additional parking

being provided. Pedestrian access to the properties adjoining 1 and 2 Myuna Place across the

development control strips is currently permissible. A secondary dwelling has been approved on 24

Little Turriell Bay Road but is not yet built.

Reclassification of 1 and 2 Myuna Place would permit legal vehicular access over the development

control strips to be obtained. Although there is a visible rock outcrop along the fence line of some

properties and changes in levels between the road and the properties, there is potential for a driveway

to each of the properties fronting Myuna Place – a total of 5 additional driveways in Myuna Place.

Reclassification of the land would permit sale of the land. If purchased by adjoining landowners, the

fence line could be moved to the edge of the kerb. This would remove the ‘nature strip’ and constrain

the space currently available for pedestrian movement, limit the opening of doors from parked cars,

and limit the location of utility infrastructure.


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Although additional driveways onto Myuna Place would result in additional traffic, Council’s Traffic and

Transport Manager has noted that “the additional traffic will not be an issue”. Myuna Place has design

capacity for additional movements. The concern is more with the sight distance for each driveway.

This would require assessment of each application individually.

Myuna Place is a public road and consequently anyone can park in the cul-de-sac. On-street parking

is restricted by its width, shape and the location of driveways. Additional driveways are likely to restrict

further parking on the western side. This may inconvenience the residents of Myuna Place, but would

self-regulative the amount of traffic and parking in the street.

Advice from Council’s Traffic and Transport Manager indicates that ”it would be preferable if the

existing control strip was dedicated as public road as this would maintain a consistent buffer between

kerb line and property fences which has the following benefits:

• Provides room for pedestrians clear of the road if necessary

• Better access for any maintenance of the kerb/road

• Allocation for existing Ausgrid infrastructure and other existing/future utility services

• Assists with providing and maintaining appropriate vision and manoeuvring for vehicles entering

and exiting the properties.”

Council is of the view that it has not acted in contravention of the legislation. Although Council has

resolved to prepare a contract for sale, the particular resolution was point 3 of the resolution, and can

only be read in the context of points 1 and 2, which clearly identified that reclassification was required

before the sale could be concluded. To date, no contract for sale has been prepared. Section 55 of the

Environmental Planning and Assessment Act specifies the mandatory contents of a Planning

Proposal. The Department of Planning’s Planning Team report dated 30 June 2016 confirms that the

Planning Proposal meets these requirements. Section 32 of the Local Government Act applies to land

dedicated under s94 of the Environmental Planning and Assessment Act 1979. The 1 and 2 Myuna

Place were not dedicated under this section of the Act, but when the land was subdivided in 1975.

Section 32 of the Local Government Act does not apply.

After consideration of issues raised in submissions, three options to proceed have been identified:

1. Not proceed with the proposed reclassification. This would mean that Council could not

consider the sale, lease, license, dedication as road reserve or other agreement for the use of

the land. Legal access to the adjoining properties could not be achieved, despite several

enjoying informal access at present.

2. Proceed with the proposed reclassification and sale of land. While this would allow legal access

to the adjoining properties, it could result in poor planning outcomes resulting from the potential

relocation of fences to the kerb edge.


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3. Proceed with the proposed reclassification and dedicate the land as public road. This would

allow the land to be treated as a road verge, consistent with its appearance and current

operation. Dedication of the land would preclude sale of the land. It would maintain public

access to the land yet allow legal access to the adjoining properties to be established.

It is recommended that Option 3 be pursued. Council should be aware that while dedicating the land

as public road could be pursued without the reclassification, this is not recommended as it could be

perceived that Council has not acted transparently in its dealings with the land.

11 Dampier Street, Kurnell (Lot 158 DP7632)

Three Submissions were received expressing concern that reclassification would result in access to

the lane being restricted and displacement of parked trucks and cars from the lane to the nearby

roads. A submission also made reference to a number of issues not associated with the

reclassification (Appendix F). Similar concerns were expressed at the public hearing, particularly that

Council was seeking to sell the land and highlighting that the lane is important for providing access to

properties during storm events.

The Planning Proposal to reclassify the land responds to a long outstanding Council resolution to

reclassify the land to manage issues relating to safety and inappropriate use of the block e.g. parking

of heavy vehicles and noise disturbance from engines idling. In the meantime, Council has undertaken

measures, such as installing traffic calming devices, which have addressed the original concerns.

There is no intention for Council to restrict or stop access to the informal lane.

In light of the above, it is not necessary to proceed with the reclassification. The land management

issues have been addressed. It is recommended that the proposed reclassification be removed from

the Planning Proposal.

A submission was received from Sydney Water which indicated support for the Planning Proposal.

BUDGET AND RESOURCES

The finalisation of the Planning Proposal is within the budget and resources allocation of the Strategic

Planning Unit. Assistance will also be required from the Information Management & Technology Unit

and the Property Services Unit.

POLICY

The recommendations contained in this report will amend Council’s primary planning instrument –

Sutherland Shire Local Environmental Plan 2015.


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CONCLUSION

Community submissions highlight concerns with the possible outcomes from the proposed

reclassification of 1 and 2 Myuna Place, Port Hacking, 2R Alexander Road, Taren Point and 11

Dampier Street, Kurnell. The issues raised in the relation to the other proposed reclassifications were

site specific. On balance, with the exception of 11 Dampier Street, Kurnell, the proposed

reclassifications should progress. It is considered unnecessary to progress with the reclassification of

11 Dampier Street as the issues it was originally seeking to address have been resolved through

better management of the land making reclassification unnecessary.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager Strategic Planning, Mark

Carlon, who can be contacted on 9710 0523.


Appendix A: 34R-36R Caravan Head Road, Oyster Bay (Lot 219 DP 259657)

• 50cm wide development control strip • Adjoining neighbour has requested to purchase to obtain dual access • Currently provides no community benefit and is surplus to Council requirements


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Submission Summary # Submission summary Council Comment/ Clarification 1 Concerned about changing of the R2 zone height and density

controls. Concerned about the loss of privacy in backyards , the loss of green space and the increase in traffic congestion

No changes are proposed to the zoning or development controls of the land. However, the lot has significant development potential under current LEP provisions.

Public Hearing Summary Concerns Council Comment/Clarification Providing additional access to this block has the potential to increase development

Providing access will allow existing development potential of 34-36 Caravan Head Road to be realised (lot subdivision, dual occupancy or multi-dwelling development)

Questions Do locals in the area know about the proposal and have their opinions been canvassed

The adjoining residents have been notified by letter in accordance with the conditions of the Gateway Determination. Planning Proposal advertised in The Leader and on Council’s website


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Appendix B: 13R Pinnacle Street, Miranda (Lot 31 DP 11987)

• 225m2 drainage reserve with no infrastructure – not used for drainage. • Sutherland Shire Development Control Plan 2015 proposes to relocate and

enhance the pathway to the East. • Reclassification is needed to enable this to occur

DCP site amalgamation plans

Site amalgamation plan 1 (Pathway in current locaiton)

686


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Site amalgamation plan 2 (showing the proposed relocated pathway)

Submission Summary # Submission summary Council Comment/Clarification 2 Concern that the pathway and access to the precinct would be

lost if the land is sold prior to the replacement pathway being secured.

Council wishes to maintain a pathway connection between Pinnacle Street and Kingsway. Council has previously resolved not to sell the land, but to enter into a land swap to relocate the pathway.

3 Objects to the proposed relocation of the pathway, as 686 The Kingsway is excluded from Amalgamation Plan Option 2 in the DCP controls for the Pinnacle Street Precinct.

The FSR from 686 Kingsway has been included in the built form indicated on the Amalgamation Plan Option 2; however it is not evident that the lot is included in the amalgamation plan. It is appropriate that the DCP Amalgamation Plan be amended to clarify that 686 Kingsway is included in the amalgamation plan.

686


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4 Requests a 150ml easement to the Kingsway to collect surface and stormwater flow from the properties in Pinnacle Street to stop the flooding of 864 The Kingsway.

The drainage requirements associated with future development in the Pinnacle Street Precinct will be considered during the assessment of development applications for the precinct. This may necessitate an easement between Pinnacle Street and the Kingsway. As the development applications may include proposed amalgamations, it is premature at this stage to identify the exact location of any easement.

Public Hearing Summary Assumption Council Comment/Clarification Proposed to relocate this laneway to the east. An option in the redevelopment of the precinct is to relocate the

laneway to the east of the current location

Council’s goal is to provide a more convenient walkway for the public.

Council wishes to ensure a pathway between Pinnacle Street and Kingsway and use it to create space between developments of varying scale.

Concerns

Choosing the best location for the relocated pathway given the development potential in the area

Council wishes to ensure there is a pathway between Pinnacle Street and the Kingsway. Two alternative suitable locations have been identified in the DCP.

The current lot ownership and the likely development does not match up with the DCP

If applicants can prove a concerted attempt was made to achieve the amalgamation patterns identified in the DCP, but that this has been unsuccessful, the amalgamation patterns can be varied on merit. However, Council has to have regard to how the remaining properties can be developed if the amalgamation pattern is broken.

How the developers are currently amalgamating plots and how this may affect the location of the laneway

13R Pinnacle Street provides a pedestrian pathway between Pinnacle Street and Kingsway. If the alternative amalgamation pattern can be achieved, the pathway could be relocated. If not, the current location of the pathway will remain.

Questions

If the amalgamation does not go as per the preferred council plans will the laneway be increased in size?

No, if the existing pathway remains, there is no current plan to increase its size.


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Appendix C: 75.5m2 of land forming Part of 2R Alexander Road, Taren Point (Part Lot 1 DP 234622) :

• 3.65m wide access way to provide rear access to 98 Woodlands Road• Would facilitate subdivision of block• Access is a deferred Development Consent condition upon subdivision• Would formalise current use

Submission Summary – 2R Alexander Road # Submission summary Council Comment/Clarification 5 Objects to the proposed reclassification and rezoning:

Smith Street is flood prone land. A Right-of-Carriageway from Smith Street would be subject toflooding and therefore unable to provide entry or exit tothe property in the event of an emergency.

Considers the deferred commencement conditionrequiring a 3.65m wide right-of-carriageway to facilitatesubdivision of 98 Woodlands Road unnecessary as a

The subject land is identified as in the flood planning area inSSLEP2015 and within Draft DCP2015 as within the LowFlood Risk precinct. Vehicular access is not prohibited withinlow flood risk precincts.

Application for a Section 96 modification is an avenueavailable to the applicant, but is irrelevant to thereclassification decision.


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3m wide right-of-carriageway within 98 Woodlands Road would facilitate vehicular access. Recommends that a Section 96 modification to remove the condition be sought.

The subject land is part of the proposed pedestrian path indicated in the adopted Taren Point Shorebird Reserve Masterplan.

The proposed reclassification, sale and rezoning is not in the public interest

A proposed pedestrian path is indicated on the land in the adopted Taren Point Shorebird Reserve Masterplan. This proposal does not obstruct this access. However, retaining the land in public ownership gives greater flexibility to the long term management of the reserve.

6 Objects to the proposed reclassification and rezoning;

Will result in the loss of public open space when public open space is required due to increases in density in the Shire

The land forms part of Masterplan for Shore Bird Reserve

There has been no consideration of the public interest The proposed sale will benefit a single landowner The adjoining landowner will negatively impact the

adjoining landowner who could lose privacy, solar access, views and amenity from a driveway adjacent to their property.

A proposed pedestrian path is indicated on the land in the adopted Taren Point Shorebird Reserve Masterplan. This proposal does not adversely affect the successful implementation of the Masterplan. However, retaining the land in public ownership gives greater flexibility to the long term management of the reserve.

Maintaining the land in public ownership and only granting rights-of-way over the reclassified land prevents exclusive access.

The potential development of land is not a relevant consideration in relation to the Planning Proposal.

Public Hearing Summary – 2R Alexander Road Assumptions Council Comment/Clarification The reclassification is to facilitate private development. Correct A viable alternative is available by seeking modification of the condition requiring a 3.65m driveway to a 3m driveway on 98 Woodland Rd.

This would require a variation to the DCP control requiring a Right-of-Carriageway to be 3.65m wide. The original development application for 98 Woodlands Road was for a 3m wide Right-of-Carriageway. This was not supported in the development assessment.

There are other options in relation to this block of land that could be explored.

Not relevant to the reclassification decision.


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This land is flood prone and this was given more weight in the report to Council, dated 17 March 2014 and this has been restated in the documents circulated prior to this hearing.

The land proposed to be reclassified and rezoned is in the flood planning area identified in SSLEP2015. It is categorised as low flood risk in draft DCP2015. Vehicular access is not precluded by this categorisation.

The fact that this land was stated to be flood prone was in fact an error and was changed in the 2015 LEP.

The land to be proposed to be reclassified and rezoned is in the flood planning area identified in SSLEP2015. It is flood prone (low risk).

Council does not favour long driveways to access rear blocks and the sale of the land would alleviate that issue.

The development consent for 98 Woodlands Road includes an option for access to the rear lot to be provided via a Right-of-Carriageway across the front lot (i.e. a long driveway to the rear lot)

Should Council wish to put a footpath in Smith St, this could be achieved through the existing footpath reserve.

Correct

The master plan shows this as a turfed area and not pedestrian access.

Correct

The owner of number 98 Woodlands Rd proposes to turf either side of the driveway and for that to be maintained by the owner, including keeping the area free of rubbish

This was offered by the owner of 98 Woodlands Road at the Public Hearing.

The owner of 1 Smith Street would be provided access to the area at any time via right of carriageway.

If the land is reclassified, the owner of 1 Smith Street could enter into an agreement for a Right-of-Carriageway to obtain legal access from the rear of the lot.

The parcel of land tends to be used as dumping area needing regular clean up by Council

Noted

The proposed driveway is not in front of 1 Smith St, it is at the rear some 30 metres from the house.

Correct, the proposed driveway is located some distance from the existing dwelling at 1 Smith Street.

The existing brick wall will provide noise amelioration and there will be limited traffic anyway.

As the access would be for one dwelling, it can reasonably be anticipated that there will be limited traffic movements.

There is an approved Development Application (DA) for the rear of 98 Woodlands Rd, on the eastern boundary and the development finishes in alignment with the existing house so blocking of views will

The assessment of the Development Application for 98 Woodlands Road considered the potential loss of views from 1 Smith Street.


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not happen. The proposed reclassification, if approved, would have a material impact on the value and views of 1 Smith St.

The assessment of the Development Application for 98 Woodlands Road considered the potential loss of views from 1 Smith Street. Property value is not a matter for consideration under the Environmental Planning and Assessment Act.

Concerns Council Comment/Clarification Should this land not also be offered for purchase to the adjoining properties, i.e. it should be sold on a competitive basis

Noted

The reclassification of this land would mean the loss of valuable public land, which is in conflict with the adopted plan of management for Shorebird Reserve

The land in question is relatively small in area and is not critical to the achievement of the masterplan for the reserve.

Questions The area has been master planned, so why is it appropriate to sell off a portion to create a public driveway

The land in question is relatively small in area and is not critical to the achievement of the masterplan for the reserve.


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Appendix D: 9 Kingsway, Cronulla (Lot 1 DP 700935)

• Land locked parcel of land created when the block was subdivided in 1983. • Can be used and accessed by adjoining owners only and therefore has no community

or public use. • Reclassification will provide greater flexibility in potential future dealings with the land.

Public Hearing Summary – 9 Kingsway, Cronulla Assumptions Council Comment/Clarification None Concerns Concerns regarding unknowns in the future Council is the owner of the site and there are no current plans to sell or

develop the site. Options could be for private owners to purchase this land in the future following rezoning.

Correct, if the land is reclassified Council could sell the land.

Questions Why not wait until council has developed a plan for the land before doing the reclassification?

Council car parks are usually classified as ‘operational land’ allowing Council to enter into agreements with other parties regarding the use of the land. As reclassification is a lengthy process, combining a number of proposed reclassifications into a single Planning Proposal is a time effective approach which will provide Council with greater flexibility in the future.


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Appendix E: 1 and 2 Myuna Place, Port Hacking (Lot 10 DP 255123 and Lot 9 DP 255123)

• Development Control strips either side of road• Would enable dual access for properties fronting Little Turriell Bay and Turriell Point Roads• Currently some informal use and request for formal use


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Myuna Place – looking south from close to intersection with Turriell Point Road.

1 Myuna Place is ‘nature strip’ on right of photo

2 Myuna Place is grassy ‘nature strip’ on left of photo.


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View of 2 Myuna Place – grassy ‘nature strip’


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SSLEP2015 – Amendment 6 Submission Summary - 1 & 2 Myuna place # Issues raised in submission Council Comment/Clarification7 Opposes proposed reclassification:

≠ Significant adverse impact on streetscape and vehicular access

≠ In contravention of Section 32 of the Local Government Act,as Council has not adequately resolved why the land is unsuitable for its current use.

≠ Council’s Land Management committee did not support the reclassification

≠ Council’s Civil Assets Unit did not support the reclassification

≠ Basic planning principals for assessing impact on public amenity and neighbourhood properties have been ignored

≠ No consultation with residents of Myuna Place prior to the exhibition of the Planning Proposal, despite negotiations with the owner of 24 Little Turriell Bay Road commencing in 2013 and the residents of Myuna Place being most affected by the proposed change

≠ The proposed reclassification is not in the public interest, but benefits a single landowner.

≠ Section 32 of the Local Government Act applies to land dedicated under sec 94 of the Environmental Planning and Assessment Act 1979. The subject land was not dedicated under this Act, but when the land was subdivided in the 1970s. Section 32 does not apply

≠ The Land Management Committee did not support further access points on Myuna Place

≠ The Civil Assets Unit did not support further access points due to the narrow nature and gradient of Myuna Place

8 Opposes proposed reclassification:

≠ Significant impact on streetscape, public amenity and access of the street

≠ No reason why existing classification is unsuitable for current use

≠ Sale of the land would allow fences to the edge of the street which would be a poor streetscape outcome

≠ Existing classification is the result of a development control strip because the land owners did not contribute


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≠ Request for an extension of the exhibition period.to the cost of the road, not the suitability of the road for access.

≠ Public exhibition of the Planning Proposal was extendedfrom 20 July to 1 September 2016.


≠ Significant adverse impact on streetscape, public amenityand access and traffic management of the street if reardriveway access is available to properties with access fromLittle Turriell Bay Road

≠ In contravention of Section 32 of the Local Government Act,as Council has not adequately resolved why the land isunsuitable for its current use.

≠ Council’s Land Management committee did not support thereclassification

≠ Council’s Civil Assets Unit did not support thereclassification

≠ Basic planning principals for assessing impact on publicamenity and neighbourhood properties have been ignored

≠ No consultation with residents of Myuna Place prior to theexhibition of the Planning Proposal, despite negotiationswith the owner of 24 Little Turriell Bay Road commencing in2013 and the residents of Myuna Place being most affectedby the proposed change

≠ The proposed reclassification is not in the public interest,but benefits a single landowner.

≠ Concern that the sale was negotiated with a single party,and not by an open tender process.

≠ Sale of the land would allow fences to the edge of thestreet which would be a poor streetscape outcome

≠ The potential increase in traffic movement is very minorand within the design capacity of the street.

≠ Section 32 of the Local Government Act applies to landdedicated under sec 94 of the Environmental Planningand Assessment Act 1979. The subject land was notdedicated under this Act, but when the land wassubdivided in the 1970s. Section 32 does not apply

≠ The Land Management Committee did not supportfurther access points on Myuna Place

≠ The Civil Assets Unit did not support further accesspoints due to the narrow nature and gradient of MyunaPlace

≠ All parties have had the opportunity to make theirposition clear on the proposal.

≠ Due legal process has been followed.


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10 ≠ Reclassification of 2 Myuna Place to enable rear access isredundant as there is only one property adjoining the lot.

≠ Notes that the character of the nature strip is consistent withother nature strips in the area and accommodates verylarge gum trees

≠ Request to be advised of any plans to alter the nature stripat 2 Myuna Place due to impacts on adjoining properties.

≠ It is acknowledged that the character of the land reads asa nature strip

≠ There are no plans to conduct any works on 2 MyunaPlace.

11 Objection to proposed reclassification:≠ Has potential for significant impact which has been

overlooked due to lack of consultation with residents≠ An additional rear entrance to the cul-de-sac will increase

traffic flows by up to 20% and increase use of street forparking and deliveries etc.

≠ Short, narrow cul-de-sac means that there is limited parkingavailable

≠ Potential for repeat of previous problems where the streethas been blocked due to careless parking.

≠ Dual access for Little Turriell Bay Road properties willincrease their property values while potentially reducingappeal of properties in Myuna Place

≠ Potential loss of community feel of the street with increaseduse by non-residents

≠ Sale of the land would allow fences to the edge of thestreet which would be a poor streetscape outcome

≠ The potential increase in traffic movement and parking isvery minor and within the design capacity of the street.

≠ The extent of change that could be facilitated by thereclassification is very minor. Medium density and dualoccupancy is prohibited. Change is limited to thepotential for additional driveway crossings and secondarydwellings (granny flats).

12 Opposes proposed reclassification.

≠ Contends that Council has failed in due diligence and legalresponsibilities when submitting the planning proposal:

≠ In contravention of Section 32 of the Local Government Act,as Council has not adequately resolved why the land isunsuitable for its current use.


≠ Section 32 of the Local Government Act applies to landdedicated under sec 94 of the Environmental Planningand Assessment Act 1979. The subject land was notdedicated under this Act, but when the land wassubdivided in the 1970s. Section 32 does not apply

≠ The DCP provides guidance for future development and


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≠ Non-compliance with DCP2015 Chapter 35: Roads, Vehicular Access, Traffic, Parking and Bicycles

≠ The Planning Proposal fails to acknowledge any adverse affect of the reclassification. It does not consider the impact and affect on public amenity, access and traffic management issues. No reasonable site investigation or traffic impact has been undertaken

≠ There is no added benefit or change with regard to urban consolidation



≠ No consultation with residents of Myuna Place prior to the exhibition of the Planning Proposal, despite negotiations with the owner of 24 Little Turriel Bay Road commencing in 2013 and the residents of Myuna Place being most affected by the proposed change

≠ Residents of Little Turriell Bay Road were notified by letter dated 13 July 2016 of the public exhibition of the Planning Proposal. Residents of Myuna Place were notified after complaining of lack of notification on 28 July 2016.

≠ Council agreed a sale price, and instructed legal staff to prepare contract of sale documentation without residents of Myuna Place being notified.

≠ Council provided misleading information during discussions regarding a DA for 24 Little Turriell Bay Road, advising that rear access from Myuna Place could not ever be created

sets out requirements in relation to vehicular access to be met by development applications. There is no Development Application lodged or consent granted for vehicular access from Myuna Place for properties fronting Little Turriell Bay Road.


≠ The potential increase in traffic movement and parking is very minor and within the design capacity of the street.

≠ The Land Management Committee did not supportfurther access points on Myuna Place


≠ Notification letters dated 13 July were sent to landowners affected by the planning proposal (i.e. properties the subject of the planning proposal) and adjoining landowners in accordance with the Gateway conditions.

≠ Council has negotiated a conditional sale price. However, no contract of sale documentation has been prepared by legal staff, as the reclassification has to be completed first.



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due to the community land along the rear boundaries. This advice was provided despite Council having negotiated and agreed a sale price for a section of 1 Myuna Place with the owner of 24 Little Turriell Bay Road.

≠ The assessment of the site specific and strategic merits of the site was flawed and incomplete.


≠ Previous information from Council in relation to a DA for 24 Little Turriell Bay Road, advised that there was no likelihood of rear access from Myuna Place. Assured that if residents would be advised if there were future applications or developments on the site.

≠ Significant adverse impact on streetscape, access and safety of the street if rear driveway access is available to properties with access from Little Turriell Bay Road

≠ In contravention of Section 32 of the Local Government Act,as Council has not adequately resolved why the land is unsuitable for its current use.



≠ Basic planning principals for assessing impact on public amenity and neighbourhood properties have been ignored

≠ No consultation with residents of Myuna Place prior to the




≠ Section 32 of the Local Government Act applies to land dedicated under sec 94 of the Environmental Planning and Assessment Act 1979. The subject land was not dedicated under this Act, but when the land was subdivided in the 1970s. Section 32 does not apply

≠ The Land Management Committee did not support further access points on Myuna Place


≠ Full and proper consultation has taken place


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exhibition of the Planning Proposal, despite negotiations with the owner of 24 Little Turriell Bay Road commencing in 2013 and the residents of Myuna Place being most affected by the proposed change

≠ The proposed reclassification is not in the public interest, but benefits a single landowner.

14 Objects to proposed reclassification:

≠ Not in the best interests of the community≠ Will have adverse impact on street in relation to parking,

additional traffic and the quiet nature of the cul-de-sac≠ Kids Aquatic Survival Swim School generates additional

traffic in the cul de sac ≠ The proposal was previously not supported by the Council

Planning Department and Civil Asset Department≠ Do not understand the reasons for the change in the public

reserve zoning.


≠ The Land Management Committee and the Civil Assets Unit did not support further access points to Myuna Place.

≠ The land is not proposed to be rezoned. It is zoned E3 Environmental Management. The land is classified community land and dedicated as public reserve.

15 Opposes the reclassification:

≠ Disappointed by lack of consultation with residents when the request to purchase land at the back of 24 Little Turriell Bay Road was made

≠ Was previously advised in 2015 that there were no plans for rear access from Myuna Place to Little Turriell Bay Road despite negotiations with the owner of 24 Little Turriell Bay Road commencing in 2013

≠ Concerned that current difficulties with exiting their driveway will be exacerbated by more driveways, parking and traffic in Myuna Place

≠ The commercial swim school generates traffic in Myuna Place

≠ Due legal process has been followed. ≠ Full and proper community consultation has occurred.

≠ The potential increase in traffic movement and parking is very minor and within the design capacity of the street

≠ The community land designation was put in place to prevent access at that point in time.

≠ The community land does function as a nature strip in part.


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≠ The community land lots deny access to Myuna Place due to its narrow width and size and the varying rock shelf levels.

≠ Pedestrians walk on the road as there is no alternative other than 2 Myuna Place, where the ground is uneven, soggy or wet and the grass is usually long

≠ Myuna Place has a strong sense of community due because it is quiet, safe and has great ambience. This should preserved, not destroyed by development

≠ A single landowner will benefit from the reclassification

≠ The extent of change that could be facilitated by the reclassification is very minor. Medium density and dual occupancy is prohibited. Change is limited to the potential for additional driveway crossings and secondary dwellings (granny flats).

16 Oppose the proposed reclassification:

≠ Proper assessment of the reclassification has not been carried out. Reclassification will result in a negative impact on streetscape, public amenity and safety, car parking, traffic volume and vehicular movements.

≠ Council resolved to enter into a contract for sale of community land, in breach of section 45(1) of the Local Government Act 1993 (LG Act) before properly considering the merit issues relevant to the Reclassification.

≠ Residents of Myuna Place have not been afforded the opportunity to be notified, consulted or properly heard in relation to the proposed reclassification

≠ The Planning Proposal is incomplete, misleading and fails to take into account relevant information.

≠ Dual access to 24 Little Turriell Bay Road will have serious impacts on the amenity of Myuna Place and overlooks the



≠ Although Council has resolved to enter into a contract for sale, the particular resolution was part 3 of the resolution, and can only be read in the context of parts 1 and 2 i.e. the reclassification being completed. No contract for sale has been prepared. It is considered that no breach of the Local Government Act has occurred.

≠ The exhibition of a Planning Proposal and the holding of a Public Hearing provide the opportunity for public comment on the proposed sale of public land.


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fundamental reason for the classification of the site as community land.

17 Supports proposed reclassification – ‘Actually, this issue should have been addressed long before this’.

Noted.

18 Objection to proposed reclassification:≠ Negative impact of additional accessways and traffic in the

street≠ Not in the community’s best interests≠ Disappointed that a sale price has been negotiated with

landowner in adjoining street.

≠ Disappointed by lack of consultation with residents≠ Request for time to review and comment


≠ In principle sale price has been agreed, as due to process to reclassify land, Council would not embark on such an exercise without some level of commitment from owner.

≠ Public exhibition of proposed LEP amendment and public hearing provide opportunity for public to make their comments on the proposal.

Public Hearing Summary - 1 & 2 Myuna place Assumption Council Comment/ClarificationA sale price has already been negotiated with the land owner of 24 Little Turriell Bay Rd in Sept15 and a document of sale has been prepared subject to reclassification, without any public consultation.

A conditional sale price has been agreed. No contract for sale has been prepared.

There are only 6 driveways in Myuna Place and the residents are united. If this community land were rezoned it would potentially provide access to an addition 6 driveways, doubling traffic in the street.

Correct, reclassification could result in an additional 6 driveways on the western side of Myuna Place. Each would be subject to Roads Act approval.

This reclassification would permit a second access to properties in Little Turriell Bay Rd and would facilitate second driveways and access points for second dwellings into a narrow street.

Separate vehicular access is not required for secondary dwellings. Reclassification would remove a limitation on additional vehicular access points in Myuna Place.

There is no footpath in Myuna Place and the reclassification would There is no constructed footpath in Myuna Place.


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create safety issues.

There are currently two accesses that people in Little Turriell Bay Rd use and one across the community land from Turriell Point Road into Myuna Place from the corner.

Correct. There is informal access to 2 properties fronting Little Turriell Bay Road from the western side of Myuna Place. Vehicles traverse across the community land from the 108 Turriell Point Road.

Only one informal access in Myuna is used and that use is irregular. Council believes there is potentially more than one informal access off Myuna Place which is utilised.

Access is required to Myuna Place from the granny flat at the rear of 24 Little Turriell Bay Road.

Access from the secondary dwelling to Myuna Place is desired by the landowner. It is not required as part of the approved development consent.

The application for a driveway was submitted to provide safe access for a camper and a “tinny” rather than parking them on a public road.

Correct, that was the reason given in the initial request to purchase the land.

Parking on the grass is prohibited by Council - people leaving the swimming pool do so illegally.

Correct

Council confirmed that the land was dedicated as public reserve when the subdivision was created in the 1970s and it appears to have been created to prevent double road frontages and access from allotments on Little Turriell Bay Road.

Correct. It was practice at the time to prevent access to roads to which the adjoining landowners had not contributed to the costs.

Council’s civil asset department agreed with this statement (previous point) due to the narrow width, steep gradient and ground level differentiation between curb and adjoining back yards of the Little Turriell Bay Road properties.

The Civil Asset Department has previously concluded in 2013 that due to the narrow width and steep gradient of Myuna Place, additional access should not be supported.

The concerns of the residents are not about a single driveway, it is about rezoning of the entire strip from the top of Myuna to the bottom along the western side that would give the opportunity for second dwellings and driveways to those properties.

The land is not proposed to be rezoned. Secondary dwellings are permissible in the current zone. Reclassification is proposed. This would allow arrangements to be entered into for vehicular access across the land.

Before the notification of this proposal was provided to the residents of Myuna Place or the notification in the Leader on 20 July 16, Council issued a letter to the residents in Little Turriell Bay Road dated the 13

The notification letter was sent to landowners of properties adjoining the land proposed to be rezoned, in accordance with the conditions of the Gateway Determination.


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July 16, notifying them of proposed reclassification and stating the reclassification would allow the land to be sold to facilitate secondary access to properties from Myuna Place.

Currently there are only two properties on Little Turriell Bay Road that do not have access to Myuna Place.

Noted

There is a lapsed development approval approving a development with access to Myuna place from 30 Little Turriell Bay Road.

A lapsed approval cannot be acted upon.

The current DA before Council proposes a driveway at the narrowest and steepest point in Myuna Place.

There is no current DA before Council for a driveway across the land proposed to be reclassified. A Roads Act approval has been granted for access to 108 Turriell Point Road from Myuna Place. This is in breach of the Local Government Act.

There are several precedents within the Council area, where dual access has been provided from streets that are narrower and steeper than Myuna Place.

Correct

Based on the evidence provided in relation to other local streets, Council’s planning department and the Councillors saw some merit in the DA based on a comparison to other streets.

Noted

Council has made no decision in relation to how this land will be dealt with should the reclassification proceed.

Reclassification would provide Council with options on how to deal with the land. Negotiations have been held with the landowner of 24 Little Turriell Bay Road regarding a possible sale of the part of the land. Council has previously resolved to enter into a contract for sale for a part of the land; however, no sale has been concluded.

The residents in Myuna Place were disadvantaged because the consultation process started late.

Exhibition of the Planning Proposal commenced on 20 July 2016 for an initial period of 28 days, in accordance with the conditions of the Gateway Determination. It was publicly advertised in The Leader and on Council’s website. In response to requests from the residents of Myuna Place, the exhibition process was extended until 1 September 2016. Residents of Myuna Place were advised by letter dated 28 July of the proposed reclassification and of the extended exhibition period.


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The Public Hearing for the proposed reclassification was held on 28 September2016.

A legal opinion has been received by the Myuna Place residents indicating two breaches - to Section 45.1 and Section 55.2 of The EPA Act in that it did not demonstrate and provide sufficient assessment and review of the rezoning.

Council is of the opinion that there has been no breach of the Local Government Act as no contract of sale has been prepared and no sale has been concluded.

Council is of the opinion that there has been no breach of Section 55 of the Environmental Planning and Assessment Act as the Planning Proposal contains all the requirements specified in Section 55(2). The Department of Planning’s Planning Team Report dated 30.6.2016 confirms that the Planning Proposal meets the requirements.

The Council statement that the reclassification would result in no significant social or economic effects is difficult to understand.

Noted

The Council statement that the proposed rezoning from community to operational land would have no strategic impact is also difficult to understand.

Noted


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Appendix F: 11 Dampier Street, Kurnell (Lot 158 DP7632)

624m2 lot originally purchased in the 1960s to create a public road. Thisproject has since been abandoned

It provides informal vehicle access to properties fronting Prince CharlesPde

Reclassification will provide greater flexibility in future management ofthe land

Council has no current plans to change the way it is used

Submission Summary – 11 Dampier Street # Submission summary Council Comment/Clarification 19 Requests that no barrier or boom gate be placed at the entrance

of the informal lane. Council has no plans to place a barrier or boom gate at 11 Dampier Street.

20 Concerned that the reclassification will result in more cars on the street reducing available parking.

Also made comments about: Danger from the refinery – commenting that storage of

petrol is far more dangerous than oil was. Drainage – concerned about the amount of large sheds,

granny flats and houses that didn’t have storm waterdrainage.

These comments are noted, but are not relevant to the proposed reclassification.


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Subdivisions – expressed concern that subdivisions should require 50ft frontages due to the amount of land that is being “wasted”.

21 Concerned about the impacts on accessibility and parking.

Some adjoining owners have no other form of access except from the rear of their properties to the lane.

Safety problems would be created with more restrictions. The vehicles would have to be moved onto the street if

there was no access to the lane. Streets would become dangerous and narrow with more

parked cars either side. Access needs to the lane needs to remain for

emergency services. Concerned about potential restriction of access and

wanted assurance that access would remain as it is currently for the future.

Council has no current plans to restrict access to 11 Dampier Street. Despite a long outstanding Council resolution to reclassify this lot, to which the Planning Proposal is responding, it is recommended that the land not be reclassified.

Public Hearing Summary – 11 Dampier Street Assumption Council Comment/Clarification Original plan for a road on this block of land has been abandoned. Correct. There is no plan for a road along the rear of the existing lots.

The land could be sold off if it were reclassified. Correct

If the land is designated community it cannot be sold.

Correct

Blocking the laneway would deprive residents of access to their properties during major storm events and will be a safety hazard.

There are no plans to block the laneway

Recent storm events have seen properties in that area being inundated.

Noted


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It would be reasonable to expect a storm event to require Prince Charles Parade to be reconstructed to cater for a 1 in a 100 year flood event.

Noted

Torres St was rebuilt higher than the blocks fronting the street which causes flooding to the lower blocks. On the other side of 12 Dampier street is the same situation.

Noted

The situation in 11 Dampier St is mirrored throughout Kurnell in a line parallel to Prince Charles parade, where it intersects with perpendicular roads, so why is it that only this piece of land is for rezoning.

There are similar situations elsewhere in Kurnell. However, there is a long outstanding Council resolution to reclassify this lot, to which the Planning Proposal is responding. It is acknowledged that similar conditions exist elsewhere in Kurnell.

Council’s intention in relation to restrictions on this land is to control antisocial behaviour.

Council has no further plans for the land.

The original complaints in relation to inappropriate use of this block was to do with parking of heavy vehicles and their engines idling.

Noted

Although the Local Environment Plan (LEP) does not permit subdivision in this area, the residents would be prepared to give up land voluntarily in order to create a road either formally or informally.

All parties would need to agree to this.

Concerns This land could be used to alleviate drainage issues in the area Council has no plans for the land.

The existing Flood Plan shows drainage relief through that laneway. Noted Council is manoeuvring to block this lane so that it can be sold off, or to block access to the rear lane.

Council has no plans for the land.

Questions If council can restrict access following reclassification would resident’s use of the laneway be restricted?

If Council restricted access, residents’ use of the laneway would be restricted. However, there are no Council plans to change the current arrangements in relation to the land.

What is the difference between on community and operational land in relation to public liability?

There is no difference.


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Can operational land be reclassified back to community land? Can this piece of land be retained as community land?

Operational land can be reclassified back to community land. This land can be retained as community land.


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From: Robert McKinlayTo: Thomas StantonSubject: FW: Clara completed CLICK HERE TO MAKE YOUR SUBMISSION - LEP Amendment 6Date: Monday, 29 August 2016 9:04:29 AM

FYIFrom: Sutherland Shire Council [mailto:[email protected]] Sent: Sunday, 28 August 2016 8:42 PMTo: Robert McKinlaySubject: Clara completed CLICK HERE TO MAKE YOUR SUBMISSION - LEP Amendment 6

Clara just submitted the survey 'CLICK HERE TO MAKE YOUR SUBMISSION - LEP Amendment 6' with the responses below.

Please enter your submission here.

Do not rezone land from community land to environmental land and change the R2 zone in order to increase the height and density of a 700sq metre block of land. It is wrong and threatens the essence of living in the Sutherland Shire. We as residents want privacy in our backyards and we want open green spaces and roads that are not choked with traffic so STOP approving massive developments that increase the local population and choke the local areas. We want green space, trees, natural beautiful environments that are not crowded. Stop the overdevelopment in our Shire.

If you've saved your submission as a PDF, Word or other electronic document, you can upload it here.

No Answer


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mailto:/O=PRD/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=97A84C8EF0BC4FE9B03562DEDCAE6722-MCKINLAYR

mailto:[email protected]


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Urbanesque Planning Pty Ltd Suite 16, 895 Pacific Highway Pymble NSW 2073

PO Box 6141 Pymble NSW 2073

T +612 9440 8900 E [email protected]

www.urbanesque.com.au

ABN 91 121 122 601

The General Manager Sutherland Council 4-20 Eton Street SUTHERLAND NSW 2232 16 August 2016 To Whom It May Concern, DRAFT AMENDMENT 6 – RECLASSIFICATION OF PART OF PUBLIC RESERVE AT 2R ALEXANDER AVENUE, TAREN POINT. We write on behalf of Abdel and Victoria Awad who are the owners of the adjoining property to the south, being No. 1 Smith Street Taren Point. For the reasons to be detailed in this submission, we wish to voice a strong objection to the Planning Proposal to re-zone a portion of the Taren Point Shorebird Reserve, from Zone 13 – Public Open Space (under SSLEP2006) to E4 Environmental Living. Sutherland Shire Council’s Flood Prone Land Map has identified the subject land as flood prone (low

risk) – refer to Flood Prone Land Map extract below. Furthermore, it is noted that a review of

Council’s report titled ‘Outstanding Matters Excluded from draft SSLEP2013’ has revealed that, as

Smith Street is also subject to flooding, it may not be possible to enter or exit the property via the

proposed driveway, in the event of an emergency. Accordingly, Council has advised that a Right of

Way to Woodlands Road is required, which is suitable for emergency services personnel and

equipment.

Figure 1: Extract from Council’s Flood Prone Land map


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http://www.urbanesque.com.au/

Urbanesque Planning Pty Ltd

98 Woodlands Road, Taren Point Page 2

Having regard to the above comments from Council, it is noted that the approved subdivision

incorporates a 3m wide Right of Carriageway, which is directly accessible via Woodlands Road. This

Right of Carriageway is considered appropriate to provide vehicular access to the approved Lot 2, as

well as suitable access for emergency services personnel and equipment.

When considering the above comments, the reasoning for Council imposing the below deferred

commencement condition, for DA14/1169, is questioned. Particularly given that it does not appear

as though 3.65m wide Right of Carriageway can be achieved if the existing dwelling is to be retained.

Vehicular Access

Submission of an amended plan of subdivision indicating a widening of the proposed right-of-

carriageway over proposed lot 1 such that it is 3.65m in width or, alternatively, written evidence

of the creation of a minimum 3.65m wide legal access way from proposed lot 2 through an

adjoining property to Smith Street, whether it be by way of a registered right-of-carriageway or

a dedicated access corridor serving proposed lot 2.

Whilst it is acknowledged that the DCP2006 seeks a 3.65m reserve width for a Right of Carriageway,

the imposition of this condition is considered unnecessary. This is because a 3m wide Right of

Carriageway is an appropriate width to facilitate vehicular access, as well as emergency services

personnel and equipment.

Accordingly, it is recommended that the applicant submit a Section 96 modification to remove

Condition 1 of the consent and retain the approved 3m wide Right of Carriageway.

Taren Point Shorebird Reserve Masterplan

The Taren Point Shorebird Reserve Masterplan was adopted by Council as its meeting on 11 May

2009. The below extract of the adopted Taren Point Shorebird Reserve Masterplan, demonstrates

that the subject land is to form part of the proposed pedestrian path.

Figure 2: Extract of Council’s Taren Point Shorebird Reserve Masterplan


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Urbanesque Planning Pty Ltd

98 Woodlands Road, Taren Point Page 3

Given that the subject land is to form part of the proposed upgrade to the Taren Point Shorebird

Reserve, the sale and subsequent re-zoning of this land is not considered to be in the public interest

and should not be supported.

For all of the foregoing reasons, we conclude that the Planning Proposal is unwarranted and is

not in the public interest, thus should not be supported by Council.

We now look forward to the finalisation of this application. Yours faithfully,

Lauren Saunders Urbanesque Planning Pty Ltd


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a) Local Government Act 1993 – section 32 The Reclassification would contravene the statutory requirements for the approval and assessment criteria required. Council have not adequately resolved why the land is unsuitable for is current use as public amenity and public space. To say the land is unsuitable on the grounds that an adjoining recent landowner in an adjoining street (24 Little Turriell Bay Road) can have a driveway is not adequate grounds for reclassification. Council further advised that there was no strategic function or any adverse impact.

Council’s own Land Management Committee and Civil Asset Department did not support the reclassification

Inadequate assessment process – no review of increased traffic movements, existing steep gradient and narrow width and no mention of the commercial swim school business in operation on the corner of Myuna Place and Turriell Point Road

The reclassification has the potential to add five(5) additional second dwellings to each property of Little Turriell Bay Road which if dual access was to be permitted off Myuna Place would effectively almost double the resident population in the street.

b) Non compliance with Council DCP 2015-Chapter 35: Roads, Vehicular Access,

Traffic, Parking and Bicycles.

Failed to meet objectives of the DCP (clause 3.1) maximisation of safety of residents – additional rear driveways will impact

on traffic volume and parking in a narrow width cul de sac with steep gradient

efficiency of vehicle circulation – steep gradient and narrow width of street and the major ground level differential between existing kerb and rear property boundaries.

Restrict vehicular access to development sites ( 2nd dwelling permissible) –increase traffic flow and public safety and will conflict with the small six(6) property Street of Myuna place with regard to pedestrians and cycling movements of the young children in the street.

Failed to meet requirements for Vehicular Access Control for all development (clause 3.2)

Designation of one(1) road frontage for vehicular access for development that has two(2) or more frontages

No environmental impact statement was provided for no.24 Little Turriell Bay Road when application made for 2nd driveway access from Myuna Place. No assessment was done to ensure it fits well within the surrounding streetscape, provides safe and convenient access and importantly will be no negative consequences for adjoining landowners.

c) Planning justification (part 3 of amendment 6 –Planning Proposal). Refer to Council document- Matters from outstanding resolutions of Council –September 2015 (copy attached).

Reclassification is “minor and of no strategic importance”


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“Nor is it likely that is reclassification will result in any significant social or economic effects”

Councillors in their determination to support the reclassification have clearly misunderstood or not considered the impact and affect on the loss of public amenity , access and traffic management issues should 2nd rear driveway access be available from adjoining street properties. It appears Council and the Councillors have undertaken no reasonable site investigation or proper traffic impact in making their final resolution on this matter. Also , the Commercial Swim centre : Kids Aquatic Survival School is located on the corner of Myuna Place at 108 Turriell Point Rd has been conveniently excluded from the summary reports and impact assessments provided to Councillors and council staff. This has a significant impact on traffic within the cul de sac as vehicles leaving the swim school turn around at the end of the street. There is no mention of the commercial swim school in any minutes or reports provided by Council. d) NSW environmental planning policies There is no added benefit or change with regard to urban consolidation The current zoning E3 allows a second dwelling but not a dual occupancy. This has not changed and no added benefit of a 2nd driveway access will change the current zoning. e) Environment, social and economic impact –Inadequate Assessment The planning proposal failed to acknowledge any adverse affects of the rezoning.

Reclassification is “minor and of no strategic importance” “Nor is it likely that reclassification will result in any significant social or

economic effects” “housekeeping” (item 15b-HER 030-16)

This is incorrect and a misleading statement Commercial swim school – no.108 Turriell Point Road (corner of Myuna Place)

was not mentioned or considered. This generates traffic with drop off and pickup already and patrons use Myuna to turn around. The swim school operates six(6) days a week.

Land classification of community land was created to ensure 2nd driveways could not be constructed due to steep gradient , narrow width and ground level differential.

Only six(6) residents in Myuna Place located wholly on the eastern and southern sides. How could potentially five(5) new driveway entry and exit points and five(5) new 2nd dwellings from Little Turriell Bay properties not impact on this street. It could effectively double the volume of parked cars and volume of traffic in the street. Yet Council has advised no negative impact it is just “housekeeping” minor zoning changes.

Children ride bikes and skateboards, scooters in the end of the cul de sac how will they not be impacted. The safety and public amenity will be impacted.

Street design does not cater for additional driveways or access. It is narrow width and steep gradient and significant ground level difference between Little Turriell Bay Road. The Council’s own Land Management Committee and Civil Asset department did not support the reclassification. Again how can an assessment be determined that there is no impact or adverse effects.


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The area is zoned E3-Environmental Management under the SSLEP2015. This by is zoning is environmentally sensitive area close to the waterways and bushland. If the reclassification was not supported by the Council’s Land Management Committee and the Civil Assets Unit as not suitable, some detailed assessment should have been undertaken. No detailed study or assessment was done.

f) Councils Land Management Committee do not support the reclassification

Refer Council minutes BDS023-14 dated 8th October 2013 Offered no community benefit Confirmed the land was dedicated public reserve when the subdivision was

created in 1970’s and appears created to prohibit double road frontages and access of allotments in Little Turriell Bay Road.

The Committee Report concluded that further vehicle access points on Myuna Place should not be supported.

g) Councils Civil Assets Unit do not support the reclassification

Refer Council minutes BDS023-14 dated 8th October 2013 The Asset Unit advised Council that due to the narrow nature and gradient of

Myuna Place, additional accesses should not be supported.

h) Community Consultation-lack of Reclassification directly affects the public amenity of all Myuna Place residents no,s

4,6,8,10,12 and 14 and yet no resident received any prior notification or Council consultation. There are only six(6) residential properties in Myuna Place yet the land reclassification could create another five(5) dwellings and driveways that would double the street population, yet no one was notified until the advertised public notice in the Shire Leader on 20th July 2016. The residents of Little Turriell Bay Road where notified by mail in a letter dated 13th July 2016. The residents only received a formal letter from Council after complaining of lack of notification on the 28th July 2016.

Council resolution at Council meeting 21st September 2015 resolved to have the land

reclassified to allow the sale of part Lot 10 DP255123 at 1 Myuna Place, Port Hacking .

Council agreed on a sale price for a portion of 1 Myuna Place Place with landowner at no.24 Little Turriell Bay Rd and instructed legal staff to prepare contract of sale documentation 21st September 2015 . This entire property negotiation , sale price and land reclassification occurred without any residents in Myuna Place being notified.

Council have acknowledged lack of consultation by extending the exhibition period from 18th August 2016 to the 1st September 2016. This was only after a formal written request from the residents of Myuna Place for lack of consultation.


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No Myuna place residents notification or consultation till 28th July 2016 and yet formal submission(amendment) to NSW Planning and Environment was provided 18th May 2016, planning proposal lodged 3rd June 2016 and formal Gateway determination provided 30th June 2016.

Misleading Council information

Refer DA 15/0170 consent for 24 Little Turriell Bay Road . Council planning did not advise any Myuna place resident during the course of discussions regarding 24 Little Turriell Bay Rd development application for a second dwelling DA 15/0170 of an issue of a 2nd driveway off Myuna Place. Although an application was lodged back in 2013 for this 2nd driveway and discussions were ongoing. The issue of a rear driveway was discussed with the Council’s Environmental Planning Officer Bridget Mathai in March and April 2016. Bridget had advised our neighbour Louise Sutherland (no.8 Myuna Place) that a driveway or rear property access could not be constructed off Myuna Place as there was a strip of Community owned land no.1 Myuna Place that ran along the rear boundaries of Little Turriell Bay Rd properties. This would prevent any driveways from ever being created or constructed so there was no issue or reasons for concerns from the residents of Myuna Place. All the residents then had some comfort that any rear property access was not possible. However, this advice from the town planner was given even though Council had already negotiated and agreed to a sale price of the section of no.1 Myuna Place the width of the rear property of 24 Little Turriell Bay Rd and further a report was prepared by The Manager –Environmental Planning in September 2015. Refer Council Meeting Budget and Strategic issues minutes BDS035-16, file number 2015/4780.

i) Site Specific and Strategic merits – not adequately assessed

As per Council’s own advice they do not have an Open Space Strategy in place at the present time for systematic and formalised management of these community land areas. The current assessment relies upon the planning officers providing evaluation and reports on the site specific and strategic merits of each site. In the case of Myuna Place assessment was flawed as it was missing information and did not address the following.

Current road design – narrow width , steep gradient and public reserve differential

Traffic impact if potentially five(5) new second dwellings were constructed and dual access driveways provided off Myuna Place

Specific information of the existing swim school at the intersection of Turriell Point Road and Myuna Place was not noted or mentioned in any assessment.

Impact on safety and public amenity was not assessed with potential additional parking and entry/exits from the street.

Potential increase of double the resident population in the street iff 2nd Dwellings and driveway access for Little Turriell Bay Rd Properties are allowed.


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Heather & Tim Sercombe 4 Myuna Pl, PORT HACKING. 2229. NSW. 16th August, 2016.

Sutherland Shire Council The Strategic Planning Unit Locked Bag 17 SUTHERLAND. 1499. NSW. Dear Sir/Madam, RE: Proposed re-classification of council reserve at 1 and 2 Myuna Pl, Port Hacking. File Number 2016/244251 My husband and I wish to strongly lodge our objections to this application. We strenuously object to the fact that no resident in Myuna Pl was notified about the application for re-classification of this land. When Development Application no DA15/0170 was lodged back in March 2015 for construction of a secondary dwelling (we were told a Granny Flat at the time) my husband and myself were notified in writing by the council. SO WHY WERE WE NOT NOTIFIED FOR THIS DRAFT AMENDMENT ? This proposed re-classification will impact on us personally and all the other residents in Myuna Pl, SO MUCH MORE than a secondary dwelling at the rear of a property backing onto our street. We originally went to the council chambers to look at the plans for DA15/01702 as we were both very concerned about a driveway/rear access from Myuna Pl and were informed that there were no plans with council. Any driveway from the rear of this property impacts on us directly as our bedroom is directly opposite. All of our neighbours are very aware of our difficulty exiting our drive if any cars are parked across the road from us and are all considerate. There are times however when we are very challenged exiting our drive; imagine how it will be if there are more driveways and people wanting to access parking. I emailed council about our concerns on the 9th June, 2015 (which we have a copy and a confirmation of receipt) and received a phone call back (within the week) to say that there was no record of No 24 Little Turriell Bay Rd, Lilli Pilli applying for rear access. We now know that this was false as council records show the current owner of this land started discussions with council back in 2013. So who is accountable for this falsification of information ? When the subdivision of the area was originally done there was a very good reason that the council planners zoned 1 Myuna Pl, Port Hacking (Lot 10 DP 255113) and 2 Myuna Pl, Port Hacking (Lot 9 DP255123) as community land and that was so that there was no rear access available from Myuna Pl for the residents from Little Turriell Bay Rd or side access for Turriell Point Rd due to the narrow width and size of Myuna Pl. Both ‘Lots’ are narrow strips of land that are of no use except for residents of Myuna Pl or council who think they can sell off Community land for their own profit .


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No 1 Myuna Pl (Lot 10 DP 255113) is a very narrow width of land that falls away quite steeply with quite varying levels of rock-shelf and land. The land in question has been known for over fifty years as council reserve; ask any of the ‘old’ locals. There is ABSOLUTELY NO VALID REASON that this zoning should be altered. Myuna Place is a small, quiet, family orientated cul-de-sac with not a lot of on-road parking due to its size, shape and driveway layouts. The entry into the street is not very wide and is at an angle off Turriell Point Rd, with many people cutting the corner coming into the street. The street itself is quite steep and narrow until it opens up a bit at the bottom. Any pedestrian needs to use the road as there is no other alternative apart from using 2 Myuna Pl (Lot 9 DP 255123), however the land is uneven and the ground is usually soggy or wet and the grass is more often long than not. As it is the garbage trucks reverse down the street to empty the bins (which are all lined up down the western side) as it is hard to turn round especially if there are cars parked down the bottom or on the street. Myuna Pl is comprised of 6 houses, with the occupants ranging from young children to elderly residents. The residents in Myuna Pl moved here to live because it is a quiet, safe cul-de-sac that has great ambience. All the neighbours are really friendly and all get on very well together. The children are able to play, ride bikes, skateboards etc in the relative safety within the confines of the street; more often than not the kids usually have quite a few of their friends/ local kids around because it is safe. The sound of these kids being free, having fun and enjoying the basic simple things in life bring back the neighbourhoods of old. These type of streets need to be preserved as a sanctuary for children in the street and local area as they are quickly being killed off by development. There is a commercial Swim School on the corner or Turriell Point Rd and Myuna Pl, which also generates a fair amount of ‘through traffic’ with residents having to beware of swim parents either flying down the street to do a ‘U-Turn’ or driving off the council reserve not thinking a resident could be driving in or out of the street. The whole process of this re-classification reeks of an underhanded cover-up to sneak this proposal through as the applicant knows very well that the residents of Myuna Pl are whole heartedly against any rear access from our street. The fact that council is prepared to sell off community land so that one land-owner, who doesn’t even live on the premises, can make a huge financial gain. The implications for Myuna Pl and the rest of Sutherland Shire if council is allowed to get away with this deception is not worth imagining. What else have they ‘got away with’? THIS IS JUST NOT ON. THE FACT THAT A PRICE HAS EVEN BEEN DISCUSSED/NEGIOITATED IS INCOMPREHENSIBLE. Yours sincerely, Heather & Tim Sercombe


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Legal/46875602_1

Level 25, 1 O'Connell Street Sydney NSW 2000 Australia GPO Box 3909 Sydney NSW 2001 DX 69 Sydney T +61 2 8248 5800 F +61 2 8248 5899

Our ref CJT:JSL:3916919 Your ref 2016/244251

31 August 2016

BY EMAIL: [email protected]

General Manager Sutherland Shire Council Locked Bag 17 Sutherland NSW 1499

Dear Sir Planning Proposal to reclassify 7 parcels of land from community land to operational land and rezone 1 parcel, comprising Planning Proposal No. PP_2016_SUTHE_002_00 – 1 & 2 Myuna Place, Port Hacking 1 Introduction

We act for Greg and Kim Carson who are the owners of 10 Myuna Place, Port Hacking.

We also act for all the other residents of Myuna Place:

(a) Tim and Heather Sercombe, 4 Myuna Place;

(b) Alex and Loretta Passerini, 6 Myuna Place;

(c) Stuart and Louise Sutherland, 8 Myuna Place;

(d) Anthony and Ling Pearson, 12 Myuna Place; and

(e) Jim and Joyce Plunkett, 14 Myuna Place, Port Hacking.

By way of introduction and overall summary, our clients:

(a) Are strongly opposed to the Sutherland Shire Council's (Council) proposed reclassification of 1 & 2 Myuna Place (Site) from 'community land' to 'operational land' (Reclassification) as part of Planning Proposal No. PP_2016_SUTHE_002_00 (Planning Proposal);

(b) Consider that a proper assessment of the Reclassification has not been carried out. As a consequence, we are instructed that the Reclassification will result in a negative impact on streetscape, public amenity and safety, car parking, traffic volume and vehicular movements which cannot be objectively supported; and

(c) Are significantly concerned that Council resolved to enter into a contract for sale of community land, in breach of section 45(1) of the Local Government Act 1993 (LG Act), prior to properly considering the merit issues relevant to the Reclassification.


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2

Legal/46875602_1

The purpose of this submission (made in relation to the public consultation required by the Department of Planning) is to directly request that the Site (Item No. 4) be removed from the Planning Proposal.

2 Background

The Planning Proposal relevantly provides that 1 Myuna Place was dedicated as a public reserve in the mid-1970s as part of the overall subdivision and development of land that fronted Little Turriell Bay Road, Lilli Pilli. The Planning Proposal provides that, 'the dedication of the land as a public reserve appears to have been created to prohibit double road frontages and rear access to allotments or properties along Little Turriell Bay Road.' (our underlining added for emphasis).

In 2013, Council received a written request from the owners of 24 Little Turriell Bay Road (Owners) to acquire a portion of 1 Myuna Place (Request).

Council resolved to enter into negotiations for the sale price of 1 Myuna Place, and in September 2015 resolved to execute a Contract for Sale, transfer document and all associated documentation to affect the sale.

In the same resolution, the Council resolved to request that the Manager, Environmental Planning prepare a report to consider Reclassification.

The Reclassification was subsequently incorporated into a Planning Proposal that was submitted to the Minister for Planning on 3 June 2016.

3 Community land

Section 45 of the LG Act provides that:

'45 What dealings can a council have in community land?

(1) A council has no power to sell, exchange or otherwise dispose of community land.

(2) A council may grant a lease or licence of community land to the extent permitted by this Division.

(3) A council may grant any other estate in community land to the extent permitted by this Division or under the provisions of another Act.

(4) This section does not prevent a council from selling, exchanging or otherwise disposing of community land for the purpose of enabling that land to become, or be added to, a Crown reserve or to be come, or be added to, land that is reserved or dedicated under the National Parks and Wildlife Act 1974.'

(our underlining for emphasis)

As the Site is dedicated as community land, the Council has no power to sell or dispose of the Site and cannot have that power unless or until the Site is reclassified as operational land.

With regard to NSW Court of Appeal authority on this point, it is our clients' submission that Council's resolutions to:

(a) enter into negotiations for the sale of 1 Myuna Place; and

(b) execute the Contract for Sale,

were beyond power and a breach of section 45(1) of the LG Act. It follows that it is open to our client to seek legal remedies under section 674 and 676 of the LG Act and section 20 of the Land


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and Environment Court Act 1979. At this stage, our clients have not yet elected to take this course of action.

4 Council's actions

The Council's actions in relation to the sale of 1 Myuna Place and subsequent Reclassification are as set out below.

(a) In 2013, Council received the Request.

(b) Council's Budget and Strategic Issues Committee (BSI Committee) Business Paper No. BDS023-14 (attached), dated 8 October 2013, provides that:

(i) the matter was referred to Council's Land Management Committee for consideration and was not supported;

(ii) the Owners appealed this outcome and to explain the decision from the Land Management Committee, some of Council's officers met on site with the owner and it was reiterated that the reclassification and sale of the reserve would offer no community benefit;

(iii) Council's Civil Assets Unit concluded that the narrow nature and gradient of Myuna Place dictates that additional accesses should not be supported.

We are instructed that at no time were our clients given any notice of, or opportunity to attend, any on-site meeting with Council officers and the Owners. To the contrary, our clients did not know that the Council was considering the sale of community land in private on-site meetings with the Owners.

(c) On 14 October 2013, Council resolved to support the Request (minutes attached) despite the staff recommendation to decline the request on the basis that further vehicle access points on Myuna place should not be supported.

(d) Council's BSI Committee Business Paper No. BDS035-16 (attached) dated 14 September 2015 provides that:

(i) Council staff and the Owners entered into negotiations for the acquisition of part of 1 Myuna Place;

(ii) a valuation report was obtained by Council to determine the market value of the area of the land;

(iii) following receipt of the valuation report, Council staff presented an offer to the Owners for their consideration;

(iv) the offer was declined and the Owners obtained their own independent valuation report and submitted a counter offer;

(v) Council staff and the Owners continued negotiations but were unsuccessful in those negotiations;

(vi) the matter was then referred to the Deputy General Manager/Director of Commercial Operations for action; and

(vii) the negotiation between the Owners and Council continued and after a period of time, both parties agreed to a sale price subject to Council resolution and reclassification.

We are instructed that at no time were our clients given any notice of the proposed sale of the Site to the Owners during this approximate two year period.


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(e) On 21 September 2015, Council resolved:

1 That the Manager – Environmental Planning be requested to prepare a report to consider the reclassification of 1 and 2 Myuna Place, Port Hacking (Lot 10 DP 255123 and Lot 9 255123) via an amendment to the Sutherland Shire Local Environmental Plan 2015, from 'Community' Land to 'Operational' Land.

2 That, subject to reclassification, the sale of part of Lot 10 DP 255123 at 1 Myuna Place, Port Hacking and reclassification of Lot 9 DP 255123 at 2 Myuna Place, Port Hacking, be supported and endorsed.

3 That pursuant to Clause 400 of the Local Government (General) Regulation 2005, the following documents be executed under the Common Seal of the Council of Sutherland Shire, subject to the terms and conditions being acceptable to the General Manager, in the presence of the Mayor and General Manager, as such documentation relates to the business of Council:

Type of document: Contract for Sale, Transfer Document and all associated documentation to effect the sale of Lot 10 DP 255123 at 1 Myuna Place, Port Hacking

Other party: Owner/s of 24 Little Turriell Bay Road, Lilli Pilli

Purpose: To sell part of reserve to the adjoining owners at 24 Little Turriell Bay Road, Lilli Pilli.

(f) On 16 November 2015, Council resolved to incorporate the reclassification of 1 & 2 Myuna Place, Port Hacking (Lot 10 DP 255123 and Lot 9 DP 255123) from 'community' land to 'operational' land into a planning proposal to be submitted to the Department of Planning for Gateway Approval.

(g) On 3 June 2016, the Planning Proposal was submitted to the Department of Planning.

(h) The Planning Proposal was granted Gateway Determination on 30 June 2016 subject to conditions including community consultation for a minimum of 28 days.

(i) We are instructed that our clients were not directly notified of the Planning Proposal and only became aware of the Planning Proposal on 20 July 2016 by way of advertisement in the Leader.

A review of the above actions taken by Council demonstrates that the sole intention of the Reclassification is to facilitate the sale of 1 Myuna Place to the owners of 24 Little Turriell Bay Road. While it is open to the Council to review land within its ownership for sale, in the specific circumstances of this matter the Council has failed to:

(a) properly consider the impact of the Reclassification on the residents of Myuna Place;

(b) afford our clients natural justice in the Reclassification; and

(c) take into account relevant considerations in the Reclassification.

In our view, these administrative errors cannot be overcome through the public consultation processes now required by the Department of Planning as part of the Planning Proposal.

5 The Planning Proposal

The process for the classification or reclassification of public land is set out in section 27 of the LG Act, which provides that:


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'27 How are the classifications made?

(1) The classification or reclassification of public land may be made by a local environmental plan.

(2) The classification or reclassification of public land may also be made by a resolution of the council under section 31, 32 or 33.'

The Council has pursued reclassification of the Site under section 27(1) of the LG Act. It follows, that the Council is to follow the procedure for the making of a local environmental plan contained in Division 4 of the Environmental Planning & Assessment Act 1979 (EP&A Act).

Section 55(2) of the EP&A Act provides that the Planning Proposal should have included:

(a) a statement of the objectives or intended outcomes of the proposed instrument;

(b) an explanation of the provisions that are to be included in the proposed instrument;

(c) the justification for those objectives, outcomes and provisions and the process for their implementation (including whether the proposed instrument will comply with relevant directions under section 117);

(d) if maps are to be adopted by the proposed instrument, such as maps for proposed land use zones; heritage areas; flood prone land – a version of the maps containing sufficient detail to indicate the substantive effect of the proposed instrument; and

(e) details of the community consultation that is to be undertaken before consideration is given to the making of the proposed instrument.

In our clients' view, the explanation of the provision for the Reclassification of the Site (in Part 2 – Explanation of Provisions) is misleading. It provides that:

'Upon reclassification, Council will be intending to sell a small portion of the land at 1 Myuna Place to the owners of 24 Turriell Bay Road to facilitate secondary access to the property.'

The explanation fails to identify, relevantly, that the Council has already resolved to enter into a Contract for Sale for community land on an agreed negotiated sale price with the Owners.

The explanation also provides that:

'The land is not signposted as a reserve and has little recreation value other than as a landscaping strip… From a planning perspective, the reclassification of 1 and 2 Myuna Place from 'community' to 'operational' is minor and of no strategic importance. No endangered communities exist in on or in the vicinity of the site, and there are no likely environmental effects from the reclassification and use of the subject land. Nor is it likely that its reclassification will result in any significant social or economic effects.'

(our underlining for emphasis)

This explanation, relevantly, fails to identify the purpose for which the Site was dedicated as community land. In our clients' submission, that dedication had little to do with its recreational value or the existence of endangered communities. At its highest, these are irrelevant considerations. The planning purpose behind its classification was to prevent double road frontages and rear access to allotments along Little Turriell Bay Road. In turn, this serves the relevant planning purpose of preventing an unacceptable impact on streetscape, public amenity and safety, car parking, traffic volume and vehicular movements as a result of dual access.


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At section C the Planning Proposal states that, 'the proposed reclassification of 1 Myuna Place is considered to give 24 Turriell Bay Road additional access via Myuna Place. This would not result in an adverse social impact.' (our underlining for emphasis)

It is difficult to envisage how the Council objectively assessed or can rationally justify a conclusion that the Reclassification would not result in an adverse social impact, when it failed to notify, engage with, or consult, those members of the public most likely to be affected by any decision of Council to reclassify the Site to enable secondary access.

Relevantly, it is our clients' submission that the reclassification of the Site to enable dual road access:

(a) risks an increase in density of residential accommodation in Myuna Place from 6 to 11 potential residences; and

(b) is to result in in an unacceptable impact on streetscape, public amenity, safety, car parking, traffic volume and vehicular movements.

Our clients instruct us that this is not a concern without rational justification. First, the development consent granted in relation to 24 Little Turriell Bay Road in 2015 for the construction of a 'secondary dwelling' is a clear indication of the risk of increased density of residential accommodation. While the consent does not presently approve access from Myuna Place, our clients are concerned that the reclassification and sale of the Site will result in development applications for drive way access from Myuna Place. Specifically on point, real estate agents have already begun to market properties in Little Turriell Bay Road as having 'dual street access' (as evidenced by the attached recent photograph of 22 Little Turriell Bay Road) even though the Site is still classified as community land.

Further, we are instructed that there is a commercial swim school known as 'Kids Aquatic Survival School' (Swim School) located at No. 108 Turriell Point Road which has also failed to be properly considered in any assessment of the Reclassification thus far.

We are instructed that the Swim School operates 6 days a week and generates additional traffic during the week and additional traffic on Saturdays. It is our clients' submission that the impact of additional traffic generated by the proposed Reclassification must be properly assessed in conjunction with the traffic movements generated by the Swim School.

In our view, in the absence of any proper assessment of the impacts of the Reclassification, the Council cannot properly justify the objective of the Planning Proposal.

Part 5 – Community Consultation of the Planning Proposal states that: 'a letter will be send [sic] to landowners whose land is affected by the planning proposal, and adjoining landowners.'

We are instructed that our clients were not notified by letter and only became aware of the Planning Proposal on 20 July 2016 by way of advertisement in the Leader.

As stated above, we are instructed that those members of the public who are to be the most directly affected by the sale and Reclassification of 1 Myuna Place, namely our clients were not notified of:

(a) the 14 October 2013 resolution to support the Request;

(b) the 21 September 2015 resolution to prepare a report to consider the Reclassification and execute the contract for sale and transfer; or

(c) the 16 November 2015 resolution to incorporate the Reclassification into the Planning Proposal.


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6 Removal of the Reclassification from the Planning Proposal

With regard to the above, our clients are seriously concerned about the administrative processes followed by the Council in relation to this matter, including that:

(a) Council has already resolved to not only sell, but to enter into a contract for sale of community land for an agreed price;

(b) no proper merits assessment of the proposed Reclassification has been carried out or properly considered by the Council;

(c) there has been an abject failure to afford our clients any proper or informed opportunity to be notified, consulted or properly heard in relation to the Reclassification;

(d) the Planning Proposal submitted to the Department of Planning is incomplete, misleading and fails to take into account relevant information in relation to key matters concerning the Reclassification.

With regard to this submission, we urge the Council to consider this submission and vary the Planning Proposal, under section 58(1) of the EP&A Act, to remove the reclassification of 1 & 2 Myuna Place.

We are instructed that the Reclassification of the Site to facilitate dual access to 24 Little Turriell Bay Road will have a serious impact on our client's amenity, the amenity of Myuna Place, and overlooks the fundamental reason for the classification of the Site as community land.

Our clients are due to meet with the Hon. Mark Speakman SC MP, Minister for the Environment, Minister for Heritage and Assistant Minister for Planning, on Monday, 5 September 2016 to discuss their concerns with the Planning Proposal and the processes followed by the Council in this matter.

In the event that Council resolves to proceed with the Planning Proposal in its current form, our clients reserve their rights to bring Class 4 proceedings in the NSW Land and Environment Court with regard to breaches of the EP&A Act and LG Act, and will rely on this letter in those circumstances.

Yours faithfully THOMSON GEER

Craig Tidemann Partner T +61 2 8248 3404 M 0407 197 325 E [email protected]

cc Helen Wilkins Senior Planner Department of Planning & Environment Encl.

1 Business Paper No. BDS023-14, 8 October 2013. 2 Minutes of Council Meeting held 14 October 2013. 3 Business Paper No. BDS035-16, 14 September 2015. 4 Minutes of Council Meeting held 21 September 2015. 5 Minutes of Council Meeting held 16 November 2015. 6 Photograph of recent Advertising Board for 22 Little Turriell Bay Road.


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Budget & Strategic Issues08/10/2013BDS023-14 Proposed Reclassification of a Public Reserve at 1 Myuna Place, Lil l i Pil l iFi le Number: CP/02/872899Director: Shire Infrastructure (TD)

Executive Summary

Purpose To consider the reclassification of a public reserve parcel of land along Myuna Place, Lilli Pilli, known as Myuna PlaceReserve No. 1, to facilitate the sale of part of the reserve to an adjoining owner.

Summary Council is the registered proprietor of Lot 10 in Deposited Plan 255123, 1 Myuna Place, Lilli Pilli (attached aerialphotograph). The parcel is a thin strip of land which starts from the top of the corner of Myuna Place and Turriell PointRoad and extends to the end of Myuna Place. The land is a public reserve parcel and comprises an area ofapproximately 220 square metres and is classified as 'community land' (see attached aerial photograph).

Council received a written enquiry from the owner of 24 Little Turriell Bay Road, Lilli Pilli, to acquire a small strip of theCouncil owned land. The owner has recently purchased their property and wishes to acquire a small strip of the Councilreserve parcel to facilitate rear property access from Myuna Place. The owner has also made representation viacouncillor request.

To facilitate a possible sale of any part of the reserve to the adjoining owner at 24 Little Turriell Bay Road, Lilli Pilli, thereserve will need to be reclassified from 'Community Land' to 'Operational Land'.

The matter was referred to Council's Land Management Committee for consideration and was not supported. The ownerappealed this outcome and it was therefore concluded that the matter be considered and resolved by the Council.

The costs and procedure for dealing with these types of request have also been raised as issues by the applicant anddirection from council is also being sought via separate report on process and costs.

Repor t Details

Purpose and Background Council is the registered proprietor of Lot 10 in Deposited Plan 255123, 1 Myuna Place, Lilli Pilli (attached aerialphotograph). The parcel is a thin strip of land known as Myuna Place Reserve No. 1, which starts from the top of thecorner of Myuna Place and Turriell Point Road and extends to the end of Myuna Place. The land is a public reserve parcel and comprises an area of approximately 220 square metres and is classified as'community land' (see attached aerial photograph).

To facilitate a possible sale of any part of the reserve to the adjoining owner at 24 Little Turriell Bay Road, Lilli Pilli, thereserve will need to be reclassified from 'Community Land' to 'Operational Land'. The land is zoned as Zone 1 -Environmental Housing (Environmental Sensitive) under the current Sutherland Shire Local Environmental Plan 2006.

Council received a written enquiry from the owner of 24 Little Turriell Bay Road, Lilli Pilli, to acquire a small strip of theCouncil owned land. The owner has recently purchased their property and wishes to acquire a small strip of the Councilreserve parcel to facilitate rear property access from Myuna Place. Background investigations into the creation of thereserve indicates that the land was dedicated as a public reserve as part of an overall subdivision and development ofland that fronted Turriell Point Road, Lilli Pilli around the time of the mid 1970's. The dedication of the land as a publicreserve appears to have been created to prohibit double road frontages and access to allotments or properties frontingLittle Turriell Bay Road to enable Council to control access onto the road now known as Myuna Place.

The matter was referred to Council's Land Management Committee for consideration and was not supported. The ownerappealed this outcome and to explain the decision from the Land Management Committee, some of Council's officersmet on site with the owner and it was reiterated that the reclassification and sale of the reserve would offer nocommunity benefit. It was also explained to the owner that the matter could be considered at a Council meeting if hedeemed that the decision of the Land Management Committee was unsatisfactory.


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The owner has advised that he wishes to only acquire a small strip of the reserve, approximately three (3) squaremetres, for the purposes of constructing a driveway for rear property access to house vehicle/s and a boat. If a salewere to occur to the owner for three (3) square metres, the remainder of the reserve would be an irregular parcel andwould be a liability for Council as the residual area of the reserve, being the remaining width of the owner's property,could only be offered to the owner of 24 Little Turriell Bay Road. If it is resolved to undertake a reclassification of thepublic reserve to facilitate a sale, it is suggested that the area for purchase is to extend to include the remaining area tothe side boundary of 24 Little Turriell Bay Road.

In addition and on further review by Council's Civil Assets Unit, it was concluded that the narrow nature and gradient ofMyuna Place dictates that additional accesses should not be supported.

Following the on site meeting with the owner and further queries from the owner on costs and process it was appropriateto have the matter considered before the Council to resolve on whether the reserve be reclassified to 'Operational Land'to facilitate a sale to the owner. Clarification on the procedure to be followed in dealing with these unsolicited requestshas been identified as an issue.

Policy To enable Council to consider any future sale, it will be necessary for Council to undertake a reclassification process inaccordance with Section 27 to 30 of the Local Government Act 1993 to reclassify Lot 10 in Deposited Plan 255123 from'Community Land' to 'Operational Land'.

The reclassification of the land from 'community land' to 'operational land' requires an amendment to the Sutherland ShireLocal Environmental Plan 2006.

Normally in minor matters of reclassification council staff would endeavour to determine whether the party wishing toacquire the land agrees to a conditional price so as to not waste the council's time with a pointless report on planning.Historically this has also been the procedure for road closures which like reclassification goes through a statutoryapproval process. In the current case the owner is challenging not only the decision but the process as well. Councildoes not have an adopted policy covering these types of matters and for this reason a separate report has beenprovided.

It is proposed council's policy position on request for acquisition of community land arising from external requests beincluded as an amendment to the existing "Policy Procedure for Reclassification of Community Land to OperationalLand'. The amendment is to assist in effectively dealing with and managing requests for reclassification of communityland. This proposed amendment is covered under the report to Council's Infrastructure Projects & Works Committee on 8October 2013.

Current Situation/Alternatives/Benefits The owner of 24 Little Turriell Bay Road has appealed the decision of the Land Management Committee to not supportthe reclassification of the Council owned public reserve known as Myuna Place Reserve No. 1 to facilitate a sale of partof the reserve for rear property access. The matter has been the subject of a councillor request.

A possible sale of part of the reserve to the owner of 24 Little Turriell Bay Road, Lilli Pilli for only three (3) square metreswould leave Council with a residual area of liability, being the remaining area or width to the owner's other side boundary.If reclassification is to be undertaken, any future sale is to extend to include the remaining area of the reserve to the sideboundary of 24 Little Turriell Bay Road.

The reclassification of the reserve would allow Council to offer the sale of part of the reserve to the owner and becompensated. It also provides Council with the option to consider any future sale to other adjoining owners if Councilwere to be approached.

No warranty will be given by Council on the development potential of the owner's land should they wish to redevelop theirland in the future in the event that a sale occurs for the purposes of legal rear property access.

The community land is not signposted as a reserve and has little recreation value other than as a landscaping strip.

Consultation - Community and Staff The matter was considered by Council's Land Management Committee to reclassify the Council owned public reserveand the proposal was not supported.

Council staff met on site with the owner of 24 Little Turriell Bay Road, Lilli Pilli to consult further on the decision of theLand Management Committee and no resolution was reached. It was therefore concluded that the matter should be putbefore the Council for resolution.

Conclusion The decision of the Land Management Committee was to decline the reclassification of the reserve as it offered no


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community benefit and furthermore it appears that the land was dedicated as a reserve to prohibit rear property accessto the allotments fronting Little Turriell Bay Road.

If the reclassification of the public reserve were to be undertaken to allow a sale to the owner of 24 Little Turriell BayRoad, it is suggested that the area for purchase is to incorporate the residual area that would remain, extending to theside boundary of the property and not just the three (3) square metres required for driveway purposes as indicated by theowner.

Options1. That the request be declined.

2. That the request be supported with valuation costs met by the owner in accordance with the suggested policy with afurther report at the conclusion of negotiations. Secondly that the full width of the community land be acquired not threesquare metres. Upon conclusion of commercial negotiations a further report to be provided.

Based on the decision of the Land Management Committee and traffic advice from Civil assets the request should bedeclined.

Repor t Recommendation

That Council decline the request, as outlined in the report, on the basis that further vehicle access points on MyunaPlace, Lilli Pilli should not be supported.

Committee Recommendation

1. That the report 'Proposed Reclassification of a Public Reserve at 1 Myuna Place, Lilli Pilli' be noted.

2. That the request be supported with valuation costs met by the owner in accordance with the suggested policy with afurther report at the conclusion of negotiations.

3. That a full width of the community land be acquired not three (3) square metres.

4. That upon conclusion of commercial negotiations a further report be provided.

5. That the reclassification incorporate the entire strip of land.

(Councillor Johns / Councillor Schreiber)

Resolution





5. That the reclassification incorporate the entire strip of land.(Councillor Riad / Councillor Walton)


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Appendix/OtherAPPENDIXProposed Reclassification of a Public Reserve at 1 Myuna Place, Lil l i Pil l i

Myuna Place reserve No.1 Aerial.pdf

(To view the document, double click on icon and select ‘Open’. Select ‘File’ ‘Close’ to return to report.)


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28/07/2015

58290

Appendix A - 1 & 2 Myuna Place

This map has been produced with the most current data available to Council as supplied by various sources.

INFORMATION IN THIS MAP IS SUBJECT TOCOPYRIGHT. Council is not responsible for any inaccuracies in the data

provided. Contact Council’s Land Information Unit (ph. 9710 0116) for more information. Printed:

at A4 1,461Scale 1:

Metres


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This map has been produced with the mostcurrent data available to Council as suppliedby various sources. INFORMATION IN THISMAP IS SUBJECT TOCOPYRIGHT. Councilis not responsible for any inaccuracies in thedata provided. Contact Council’s LandInformation Unit (ph. 9710 0116) for moreinformation.

Date of Aerial Photography shown on Map.

User:Printed:

dimovskit25/09/2013at A4

Scale = 1:637

Metres 10 20

Myuna Place Reserve No.1


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Minutes of the Council Meeting of Sutherland Shire Council, held in the Administration Centre, Eton Street, Sutherland on Monday, 14 October 2013 commencing at 6.30 pm

PRESENT: The Mayor, Councillor Simpson, together with Councillors Awada, Blight, Cook, Croucher, Johns, Pesce,Provan, Riad, Scaysbrook, Schreiber, Steinwall, Towell, Walton and Williams.

Staff in attendance were the General Manager, Director - Corporate Services, Acting Director - Shire Infrastructure (MarioSherrie), Acting Director - Commercial Operations (Tony Gorgo), Senior Manager - Program Office, Acting Manager -Communications and Events (Kylie Di Cesare), Manager - Environmental Planning, Manager – Finance (GrahamThomas) (CCL013-14 only), Business Accountant – (Margaret Konrad) (CCL013-14 only), Executive Officer - Governance(KB) and Executive Officer – Governance (NT).

Opening of the Meeting with PrayerThe Meeting was opened with prayer by Reverend Bruce Dingwall of Menai Anglican Church.

Presentation to Vera Wilson – Former Council lor of Bangor Council, Wales

A presentation was made by the Mayor, Councillor Simpson to Vera Wilson, former Councillor of Bangor Council, Walesto receive a gift from the Sutherland Shire.

Vera Wilson was part of the 2003 Celtic Festival at Parc Menai and has since maintained strong friendships with formerDeputy Mayor, Dawn Emerson and former Director - Property, Derril Greenway.

Acknowledgement of CountryThe Mayor, Councillor Simpson, opened the Meeting with an Acknowledgement of Country.

*** Disclosures of InterestFile Number: GO/04/416409

Councillor Awada declared a not significant non-pecuniary interest in the following matter:

DAP039-14 Proposal: IHAP014-14 - Section 96(2) Modificationto Development Consent No. 11/1208 - Relocation of the Plant Room, a New Spiral Staircase to the Rear Terrace, theInclusion of a Gym, a Block Screen to theCarport, the Relocation of the Northern External Steps, Internal and Window Changes – Taloombi Street, Cronulla Property: Lot 25 DP 9610 (No. 17) Taloombi Street, Cronulla Applicant: Innovative Architects Pty Ltd File Number: MA 13/0160 (DA11/1208)

advising that the applicant for this application is an architectural firm that he uses in his line of work every now and then.

Councillor Awada advised that the conflict is not significant as he has no financial gain.

Councillor Croucher declared a not significant non-pecuniary interest in the following matter:

DAP039-14 Proposal: IHAP014-14 - Section 96(2) Modificationto Development Consent No. 11/1208 - Relocation of the Plant Room, a New Spiral Staircase to the Rear Terrace, the


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Inclusion of a Gym, a Block Screen to theCarport, the Relocation of the Northern External Steps, Internal and Window Changes – Taloombi Street, Cronulla Property: Lot 25 DP 9610 (No. 17) Taloombi Street, Cronulla Applicant: Innovative Architects Pty Ltd File Number: MA 13/0160 (DA11/1208)

advising last week he met with the objectors to the DA for the first time only.

Councillor Croucher advised that the conflict is not significant as he has no connection or affiliation with either theapplicant or the objectors and he has no financial or other interest or gain in the matter.

Councillor Johns declared a not significant non-pecuniary interest in the following matters:

BDS027-14 Review of Development Applications Relying on Draft Planning ControlsFile Number: LP/03/814282

And

DAP038-14 Listing of Undetermined & Determined Matters Before the Land and Environment Court for the Period 27 August 2013 to 24 September 2013File Number: LS/03/247729

And


And

DAP040-14 Proposal: IHAP015-14 - Demolition of Existing Building, Construction of a Single Storey Building, Change of Use of the Premises to a Retail Premises and Installation of Three (3) Advertising Signs - Taren PointRoad, Caringbah Property: Lot 1 DP 207147 (No. 160) Taren PointRoad, Caringbah Applicant: Nelda Bay Pty Limited File Number: DA13/0563

And

DAP041-14 Proposal: IHAP016-14 - Construction of an Additional Level to a Residential Flat Building Approved under DA11/1138, Associated Modification of the Basement,Floor Layouts and Elevations and Additional 12 Strata Lots – President Avenue, Sutherland Property: Lots 1 to 5 DP14764 (Nos. 558-566)


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President Avenue, Sutherland Applicant: Cuzeno Pty Ltd File Number: DA13/0426

And

DAP042-14 SSLEP2006 - Amendment No. 19 File Number: LP/03/557614

And

DAP043-14 Endorsement of Draft Sutherland Shire Local Environmental Plan 2006 – Amendment No. 21 File Number: LP/03/445848

And

DAP044-14 Report on Exhibition of Draft Greenhills Beach Development Control Code - Amendment 3 File Number: LP/03/623717

And

DAP045-14 The Illawarra Over the Next 20 Years: A Discussion Paper File Number: LP/06/642130

And

DAP046-14 Review of Outstanding MattersFile Number: GO/06A/575007

advising he has disclosures on BDS027-14 and all DAP matters as he has requested public investigation into thehandling of all planning matters by himself.

Councillor Johns advised that the conflict is not significant as until he is advised of the method of those inquiries hewon’t be taking part in the debate on any planning matters.

Councillor Pesce declared a not significant non-pecuniary interest in the following matter:


advising he knows the applicant. He owns a factory unit in the same complex as the applicant, in a complex of 53 units.He has also visited the site on the request of some of the neighbours. Also one of the neighbours approached him in theChambers about three weeks ago and spoke to him about this.

Councillor Pesce advised that the conflict is not significant as he has no financial gain to gain.

Councillor Provan declared a not significant non-pecuniary interest in the following matter:

DAP039-14 Proposal: IHAP014-14 - Section 96(2) Modificationto Development Consent No. 11/1208 - Relocation of the Plant Room, a New


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Spiral Staircase to the Rear Terrace, theInclusion of a Gym, a Block Screen to theCarport, the Relocation of the Northern External Steps, Internal and Window Changes – Taloombi Street, Cronulla Property: Lot 25 DP 9610 (No. 17) Taloombi Street, Cronulla Applicant: Innovative Architects Pty Ltd File Number: MA 13/0160 (DA11/1208)

advising she has spoken to the owner, also the objectors on several occasions, also visited the site and has also spokento the architects in this development.

Councillor Provan advised that the conflict is not significant as she was just doing her job as a councillor and has nofinancial gain.

Councillor Riad declared a pecuniary interest in the following matter:

EHR036-14 Review of Procedure for Commenting on Telco Installations File Number: DBC/07/305960

advising Optus and Vodafone are clients of his employer as they have rolled out previous networks and new networks.For this reason if this item is called he will leave the room.

Councillor Riad declared a not significant non-pecuniary interest in the following matters:

BDS006-14 Naming of Proposed Crown Reserve Trust – 691 Old Illawarra Road, Illawong File Number: CP/04/232231

advising that the telecommunications site mentioned in the report is owned by his employer with a long term lease withthe Crown.

Councillor Riad advised that the conflict is not significant as 1. Council has no direct involvement with thetelecommunications facility leases and licences on Crown land, and 2. Council has no ability to influence the terms ofany rental arrangement, nor does it involve any communication with his employer over this site whilst owned by Crownland. Due to these reasons, he and his employer have nothing to gain.

And

BDS023-14 Proposed Reclassification of a Public Reserveat 1 Myuna Place, Lilli PilliFile Number: CP/02/872899

advising that the applicant contacted him about this item on the pretence that this report was to be heard in the WorksCommittee and he was not aware that it had been relocated.

Councillor Riad advised that the conflict is not significant as the content of this report was not discussed and it is not inhis committee.

And

WKS004A-14 Soldiers Road Child Care Centre Playground Upgrade File Number: PR/03/395523

advising that his wife has recently gained employment at a privately operated childcare centre.

Councillor Riad advised that the conflict is not significant as 1. The nature of the tender involves the upgrade of achildcare centre and 2. His wife and he have nothing to gain.


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Councillor Schreiber declared a not significant non-pecuniary interest in the following matters:


advising that he knows the owner of the property but he has not spoken to him about his development.

Councillor Schreiber did not advise why the conflict was not significant.

And

DAP040-14 Proposal: IHAP015-14 - Demolition of ExistingBuilding, Construction of a Single Storey Building, Change of Use of the Premises to a Retail Premises and Installation of Three (3) Advertising Signs - Taren PointRoad, Caringbah Property: Lot 1 DP 207147 (No. 160) Taren PointRoad, Caringbah Applicant: Nelda Bay Pty Limited File Number: DA13/0563

advising he met the applicant about two (2) years ago and he has had no further contact.

Councillor Schreiber advised that the conflict was not significant as he has no commercial interest or personal gain.

The Mayor, Councillor Simpson declared a not significant non-pecuniary interest in the following matter:


advising that he has met with the objectors as his duty as the Mayor. He also knows the applicant. He has not spoken tothe applicant on this occasion, for this application, neither has he visited the site.

The Mayor, Councillor Simpson advised that the conflict was not significant as there is no financial gain to him.

Councillor Towell declared a not significant non-pecuniary interest in the following matters:

BDS011-14 Proposed Assignment of Lease for 310 PrinceCharles Parade, Kurnell File Number: CP/04/975164 and CMT12/03

advising he is on the Australia Day Botany Bay Committee there for the activities in the sailing and so on. The personnelfrom the catamaran sailing club are also on that committee.


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Councillor Towell advised that the conflict was not significant as there is no gain for him.

And


advising that he has spoken to the residents on occasion about this matter and they have asked him to makerepresentation on their behalf.

Councillor Towell advised that the conflict was not significant as that’s his role as a Councillor.

Councillor Walton declared a not significant non pecuniary interest in the following matter:


advising he has met the owner of the property 18 months ago regarding a previous matter. The meeting was purely forinformation gathering purposes.

Councillor Walton advised that the conflict was not significant as does not require any further action as there is nomonetary value involved and as it was mentioned previously, it was purely for gathering information.

Councillor Williams declared a not significant non-pecuniary interest in the following matter:


advising he has attended the site on a number of occasions to inspect the development application on the request of theapplicant and also concerns of surrounding neighbours. He has attended the site with Councillor Pesce and councilofficers.

Councillor Williams advised the conflict is not significant as he has no financial nor any business gain.


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282 Confirmation of Minutes of Council Meetingheld on Monday, 16 September 2013(Minutes Numbered 206 to 270 inclusive)

RESOLVED: (Cook/Walton)That the Minutes of the Council Meeting held on 16 September 2013, being Minutes Numbered 206 to 270 inclusive, beand are hereby confirmed as a correct record.

283 Confirmation of Minutes of Special Council Meetingheld on Monday, 23 September 2013(Minutes Numbered 271 to 277 inclusive)

RESOLVED: (Cook/Riad)That the Minutes of the Special Council Meeting held on 23 September 2013, being Minutes Numbered 271 to 277inclusive, be and are hereby confirmed as a correct record.

284 Confirmation of Minutes of Special Council Meetingheld on Monday, 30 September 2013(Minutes Numbered 278 to 281 inclusive)

RESOLVED: (Riad/Towell)That the Minutes of the Special Council Meeting held on 30 September 2013, being Minutes Numbered 278 to 281inclusive, be and are hereby confirmed as a correct record.

At this time in the Meeting, all open i tems not called for discussion were moved in bulk, as shown: “ RESOLVED:(Riad/Walton*)” .

285 Procedural MotionTo Bring Forward Consideration of CCL013-14

MOTION: (Simpson/Croucher)That consideration of CCL013-14 be brought forward.

The Procedural Motion on being put to the Meeting was carried.

286CCL013-14 Financial Reports for the Year Ended 30 June 2013(External Reporting Purposes)File Number: FM/02/224433

A presentation was made by Mr Dennis Banicevic from PricewaterhouseCoopers on the Financial Reports for the YearEnded 30 June 2013 (External Reporting Purposes).

RESOLVED: (Provan/Schreiber)1. That the report headed "Financial Reports for Year Ended 30 June 2013 (External Reporting Purposes)" be receivedand noted.

2. That with regard to the General Purpose and Special Purpose Financial Reports of the Council for the 12 monthsended 30 June 2013, it is the opinion of Council that:

(a) The Annual Financial Reports have been drawn up in accordance with:


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* the Local Government Act 1993 and the Regulations; and* the Local Government Code of Accounting Practice and Asset Accounting Manual; and* the Australian Accounting Standards.

(b) The reports present fairly the Council's financial position and operating result for the year.

(c) The reports are in accord with the Council's accounting and other records.

(d) The Council is unaware of anything that would make the financial reports false or misleading in any way.

3. That pursuant to Section 418 of the Local Government Act 1993, public notice be given that the Council will present itsaudited financial reports and auditors report at a Special Council Meeting of 28 October 2013.

287 Resumption of Standing Orders

RESOLVED: (Simpson/Croucher)That Standing Orders be resumed.

288BDS001-14 Investment of Cash Balances for the Twelve Months Ended 30 June 2013 and Investment Policy File Number: FM/11/807638

RESOLVED: (Riad/Walton*)1. That the report headed "Investment of Cash Funds for the Twelve Months Ended 30 June 2013 and InvestmentPolicy", be received and noted.

2. That the Policy for Investment of Cash Balances, attached as Appendix "A", be adopted.

289BDS002-14 Cash Payments & Investments Report - August 2013 File Number: FM/11/656495

RESOLVED: (Riad/Walton*)That the information concerning Bank Balances and Investments held as at 31 August 2013, be received and noted.

290BDS003-14 Minutes of the Meeting of the Directors of Sutherland Shire Council held in the General Manager's Meeting Room, Sutherland on Tuesday, 1 October 2013 (DMC051-14 to DMC069-14) File Number: CM/09/487283

RESOLVED: (Riad/Walton*)That the Report and Minutes of the Meeting of Directors held on 1 October 2013 be received and noted.

291BDS004-14 Lodgement of Disclosure of Interest Returnsfor Council lors and Designated Persons Pursuant to Section 449 of the Local Government Act, 1993 for the Period 1 July 2012to 30 June 2013 File Number: PE/05/904131, GO/04/846021


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RESOLVED: (Riad/Walton*)That the Report entitled "Lodgement of Disclosure of Interest Returns by Councillors and Designated Persons pursuant toSection 449 of the Local Government Act 1993 for the period 1 July 2012 to 30 June 2013", be received and noted.

292BDS005-14 Minutes of the Ordinary Meeting of the Southern Sydney Regional Organisation ofCouncils (SSROC) held at Kogarah City Council on Thursday, 15 August 2013 File Number: GR/06/154759

RESOLVED: (Riad/Walton*)That the Minutes of the Ordinary Meeting of the Southern Sydney Regional Organisation of Councils (SSROC) held atKogarah City Council on Thursday, 15 August 2013.

293BDS006-14 Naming of Proposed Crown Reserve Trust – 691 Old Il lawarra Road, Il lawong File Number: CP/04/232231

*** Councillor Riad declared a not significant non-pecuniary interest in this matter.

RESOLVED: (Riad/Walton*)1. That the Crown Land located at 691 Old Illawarra Road, Illawong be assigned "Illawong Gateway Reserve TrustReserve Trust" as an appropriate name for this proposed reserve trust.

2. That the Crown Lands Division of the Department of Primary Industries be advised of the Council nominated reservetrust name to progress the creation of a reserve trust over this land.

294BDS007-14 Naming of Proposed Crown Reserve Trust - 2R Lugano Avenue, Burraneer File Number: CP/04/964101

RESOLVED: (Riad/Walton*)1. That the Crown Land located at 2R Lugano Avenue, Burraneer be assigned "Lugano Avenue Reserve Trust" as anappropriate name for this proposed reserve trust.

2. That the Crown Lands Division of the Department of Primary Industries be advised of the Council nominated reservetrust name to progress the creation of a reserve trust over 2R Lugano Avenue, Burraneer.

295BDS008-14 Grant of Easement for Stormwater PurposesBurdening Council Land at 116R Caldarra Avenue, Engadine File Number: CP/02/483562

RESOLVED: (Riad/Walton*)1. That the advertising process in accordance with Section 47 of the Local Government Act 1993 be undertaken for thegrant of the proposed easement over Council's property, being Lot 43 in Deposited Plan 809284 at 116R Caldarra Avenue,Engadine to benefit the adjoining property, Lot 45 in Deposited Plan 809284 at 992-996 Old Princes Highway, Engadine.

2. That a further report be provided at the conclusion of the advertising process.


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296BDS009-14 Proposed Reclassification of a Drainage Reserve Located 13R Pinnacle Street, Mirandato Facil i tate a Possible Sale to the Adjoining Owners File Number: CP/02/304830

MOTION: (Blight/Steinwall)That no further action be taken in regards to the reclassification of Lot 31 in DP11987 at 13R Pinnacle Street, Miranda.

AMENDMENT: (Johns/Provan)1. That the Manager, Environmental Planning be requested to prepare a report to consider reclassification of Lot 31 inDP11987 at 13R Pinnacle Street, Miranda via an amendment to Sutherland Shire Local Environmental Plan 2006, from‘Community’ land to ‘Operational’ land.

2. That all residents in Pinnacle Street receive advice from Council.

The Amendment on being put to the Meeting was carried to become the Motion.

A Division was requested on the Amendment and the fol lowing votes were recorded:

In Favour of the Amendment were Councillors Awada, Cook, Croucher, Johns, Pesce, Provan, Schreiber, Walton andWilliams.

Against the Amendment were the Mayor, Councillor Simpson, together with Councillors Blight, Riad, Scaysbook,Steinwall and Towell.

The Motion on being put to the Meeting was carried to become the RESOLUTION of the Council (as shown in theAmendment).

297BDS010-14 Deed of Consent for Assignment of LeaseholdInterest Held by Westfield; Wandella Road and Kiora Road, Miranda - Airspace Leases File Number: Comm08008 - 96/0952

RESOLVED: (Riad/Walton*)1. That the report "Deed of Consent for Assignment of Leasehold Interest held by Westfield, Wandella Road, and KioraRoad, Miranda Airspace Leases" be received and noted.

2. That pursuant to Clause 400 of the Local Government (General) Regulation, 2005, all documentation to effect theassignment of Lease be executed under the Common Seal of the Council of Sutherland Shire, subject to the terms andconditions being acceptable to the General Manager, in the presence of the Mayor and General Manager, as thedocument relates to the business of the Council.

File No: Comm08008 - 96/0852Type of Document: Assignment of Lease and other documentation required to finalise the Assignment ofthe LeasePurpose: To assign the leasehold interest of the Wandella Road Lease and Kiora Road Lease to WestfieldManagement Limited. Assignor: PT LimitedAssignee: Westfield Management LimitedProperty: Wandella Road Airspace Lot 1 DP777204 - Kiora Road Airspace Lot 1 DP834204

298BDS011-14 Proposed Assignment of Lease for 310 PrinceCharles Parade, Kurnell File Number: CP/04/975164 and CMT12/03

*** Councillor Towell declared a not significant non-pecuniary interest in this matter.


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RESOLVED: (Riad/Walton*)1. That discussions be held with the two (2) parties to determine a mutually satisfactory outcome for co-location at theproperty.

2. That a meeting be organised within the next 2 to 4 weeks at Marton Hall, Kurnell with the two (2) parties and theProgress Association be invited to attend.

299BDS012-14 Results Against Budget - 2012/13 File Number: FM/05/559389

MOTION: (Johns/Walton)1. That the report "Results Against Budget – 2012/13", be noted.

2. That the expenditures for Works in Progress and Unspent Allocations as at 30 June 2013, be subject to a furtherreport identifying the options available from Council’s surplus funds for funding of:

a. Retirement of internal debtb. Retirement of external debtc. Addressing Council’s estimated $85 Million dollar infrastructure backlog required to bring infrastructure toa satisfactory conditiond. Addressing Council’s identified significant infrastructure backloge. Addressing project Management issues in completion of projects within set timeframes.f. Identification of other departments with similar carry over funds in a form similar to the capital worksattached spreadsheet.g. Provide a compensation plan or scheme for the shop keepers of Gymea and other areas adverselyimpacted by the works undertaken or delayed.

3. That the transfer of surplus funds from the 2012/13 Budget into the Future Works Reserve be deferred subject to thereports identified in recommendations 2 and 4.

4. That the attachment showing the capital carry over works be the subject of a further report identifying as a minimum

i. The value of the worksii. Management steps taken to have the works undertakeniii. Internal correspondence regarding decision making processes that have delayed the works.iv. Any additional costs to be incurred due to the delay including increase in materials, labor or scope ofworks.v. Any asset deterioration that may occur due to non completion of the worksvi. Budget period and former budgets where these capital works have been included previously.

AMENDMENT: (Blight/Steinwall)That this matter be referred back to the next Budget and Strategic Issues Committee Meeting.

The Amendment on being put to the Meeting was declared lost.

The Motion on being put to the Meeting was carried to become the RESOLUTION of the Council (as shown in theMotion).

300BDS013-14 Sutherland Shire Council 2012/2013 DeliveryProgram - 2nd Report File Number: CM/11A/526362

RESOLVED: (Johns/Cook)That the General Manager review the report and report back to Council at the next round with a performance report thatreflects accurately the delivery program and performance against the agreed targets.


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301BDS014-14 Writing-Off of Rates and Charges Under Delegated Authority for the Period 1 January2013 to 30 June 2013 File Number: RV/01/499750

RESOLVED: (Riad/Walton*)That the report on "Writing-Off of Rates and Charges Under Delegated Authority for the Period 1 January 2013 - 30 June2013", be received and noted.

302BDS015-14 Transfer of Land Under Greenhil ls ParklandsVoluntary Planning Agreement File Number: CP/03/970886

RESOLVED: (Riad/Walton*)1. That the report "Transfer of Land under Greenhills Parklands Voluntary Planning Agreement” be received and noted.

2. That pursuant to Clause 400 of the Local Government (General) Regulation 2005, the following documents beexecuted under Common Seal of the Council of Sutherland Shire, subject to the terms and conditions being acceptableto the General Manager, in the presence of the Mayor and General Manager, as the documents relate to the business ofthe Council.

Type of document: Transfers and all associated documentation relating to lots 1056 and 1057 inDP1140838 and Lot 4 in DP1158488Other party: Australand Kurnell Pty Limited Purpose: To transfer land under the provisions of the Greenhills Parklands Voluntary Planning Agreement.

303BDS016-14 Proposed Renewal of Lease to Austral ia Postof Council Property Located at Unit 1/29-33Waratah Street, Kirrawee File Number: Comm08005

RESOLVED: (Riad/Walton*)1. That the lease of Unit 1/29-33 Waratah Street, Kirrawee to Australia Post for a term of one year with three x one yearoption's to renew at the terms and conditions to the satisfaction of the General Manager, be approved.

2. That pursuant to Clause 400 of the Local Government (General) Regulation 2005, the following documents beexecuted under Common Seal of the Council of Sutherland Shire, subject to the terms and conditions being acceptableto the General Manger, in the presence of the Mayor and General Manager, as the documents relate to the business ofthe Council.

Type of document: Lease Agreement and all associated documentationOther party: Australia Postal CorporationPurpose: To enter into lease for one year plus three x 1 year options for Councils property at 1/29-33Waratah Street, Kirrawee

304BDS017-14 Delegations to Standing CommitteesFile Number: PE/02/983880

RESOLVED: (Riad/Walton*)1. That all previous delegations to the Community Services and Lifestyle Committee, Finance and ManagementCommittee, Services and Facilities Committee; and Strategy and Direction Committee be revoked.

2. That all previous delegations to the Development Assessment and Planning Committee be revoked and Councildelegate to the Committee the delegations contained in the Instrument of Delegation at Annexure A.


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3. That all previous delegations to the Environment Health and Regulation Committee be revoked and Council delegate tothe Committee the delegations contained in the Instrument of Delegation at Annexure B.

4. That the delegations contained in the Instrument of Delegation at Annexure C be delegated to the Budget andStrategic Issues Committee.

5. That the delegations contained in the Instrument of Delegation at Annexure D be delegated to the InfrastructureProjects and Works Committee.

6. That the delegations contained in the Instrument of Delegation at Annexure E be delegated to the Lifestyle Recreationand Sports Committee.

305BDS018-14 Review of Outstanding MattersFile Number: GO/06A/574016

RESOLVED: (Riad/Walton*)1. That the report "Review of Outstanding Matters" for the Finance and Management Committee, be received and noted.

2. That the following items be removed from the Outstanding Matters Report as reports on these matters are contained inthe current round of business papers:

11/03/2013 MINUTE NO. 705FIN115-13 Proposed Lease of Portion of Bundeena Memorial Reserve to Bundeena RSL Club. File Number:CP/04/582220

22/07/2013MINUTE NO. 134FIN008A-14 Status of Sussex and Bournemouth Streets, Bundeena - Legal and CommercialConsiderations. File Number: CP/02/285112

306BDS019-14 Standing and Sub Committee ChartersFile Number: GO/06A/846773

RESOLVED: (Riad/Walton*)1. That the Charters for the Budget and Strategic Issues, Development Assessment and Planning, Environment Healthand Regulation, Infrastructure Projects and Works, and Lifestyle Recreation and Sports Committees attached to thisreport be adopted.

2. That the Charter for the Port Hacking Management Panel as attached to this report be adopted.

3. That the Charter for the Significant Parks and Shire Landmarks Committee as attached to this report be adopted.

307BDS020-14 Lease of Road Reserve Adjacent to 52 Prince Edward Park Road, WoronoraFile Number: RD12/01

RESOLVED: (Schreiber/Simpson)That all future road lease rental fees for the portion of road reserve adjacent to 52 Prince Edward Park Road, Woronorabe waived by Council.

308


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BDS021-14 Request from Sutherland District Basketball Association for Council tobe Financial Guarantor for an EnergyEfficiency Upgrade Works LoanFile Number: CMT08/03

RESOLVED: (Riad/Walton*)1. That approval be given to the request from Sutherland Shire Basketball Association Inc. to become financial guarantorby way of a Bank Guarantee for the Association in obtaining a loan to a maximum of $100,000 to undertake energyefficiency works.

2. That any bank guarantee be subject to the execution of an agreement to the satisfaction of the General Manager forthe repayment of the existing commitment of $29,550 (excl. GST) for the construction of a concrete driveway.

3. That in the event the request to provide the Bank Guarantee is approved, the following conditions apply:

• implementing a procedure where the Association provides adequate documentation that repayments arefully paid on the due dates;• implement a protocol in the loan agreement to ensure council is informed of any financial default duringthe term of the loan;• any other conditions as deemed necessary to the satisfaction of the General Manager.

4. That the Association enter into a deed with Council in which:

• the Association undertakes in each annual budget to allocate funds to repay the loan in accordance withthe loan agreement until all monies are re-paid;• the Association to give immediate notice to council of any circumstances likely to result in loanrepayment default;• any other conditions as deemed necessary to the satisfaction of the General Manager.

5. In the event that the request to provide the Bank Guarantee is approved, then pursuant to Clause 400 of the LocalGovernment (General) Regulation 2005, the nominated documents (below) be executed under the Common Seal of theCouncil of the Sutherland Shire subject to the terms and conditions being acceptable to the General Manager in thepresence of the Mayor and General Manager, as the documents relate to the business of Council:

Type of Document: Deed of Guarantee, loan agreement and all associated documentation Other Party: Sutherland District Basketball Association Inc.Purpose: Provision of funds to complete energy efficiency upgrade works to Waratah Park BasketballStadium

309BDS022-14 Mayor's Operating ProtocolsFile Number: GO/04/341096

RESOLVED: (Blight/Towell)That the following protocols be adopted:

1. That a register is to be kept which will include the name of every visitor to the Mayor's office and all people involved inall meetings at which the Mayor attends within Council premises. Visitors are defined as people from outside theorganisation.

2. That a separate register be kept which will include the name of every visitor to a Council officer in regard to Councilbusiness or at Council offices. Visitors are defined as people from outside the organisation.

3. That the register of visitors will be publicly displayed and available, and the visitors book is to be signed by peoplewho attend these meetings.

4. That in all discussions on a planning or development matter the General Manager or a senior staff member is to bepresent.

5. That notes be taken at all meetings, particularly at meetings where planning and development matters are discussed.

6. That applicants for developments and all objectors are to have equal time to meet with the Mayor, i.e. if an applicant


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has a meeting with the Mayor and there are objectors to a proposal, the objectors will have equal time.

7. That Councillors maintain a record of all discussions on development applications and planning matters and includethese in the Conflict of Interest declaration. Where requested a Council officer shall be made available to advise theCouncillor and to take minutes.

8. That Mayoral Minutes are only to be urgent, i.e. if there is no time to brief Councillors beforehand, other thancongratulatory type minutes.

9. That briefings may be to senior Councillor/s of parties.

10. That in addition, as a matter of practice, staff must ensure that in regard to Development Applications where Councilis contemplating legal action, the Development Application and the legal action are to be dealt with by separatecommittees.

11. That Council receive a report on adopting a site inspections policy for whenever a planning matter is involved.

310BDS023-14 Proposed Reclassification of a Public Reserveat 1 Myuna Place, Lil l i Pil l iFi le Number: CP/02/872899


RESOLVED: (Riad/Walton*)1. That the report 'Proposed Reclassification of a Public Reserve at 1 Myuna Place, Lilli Pilli' be noted.





311BDS024-14 Proposed Reclassification of part of PublicReserve at 2R Alexander Avenue, Taren PointFile Number: CP/02/35245

RESOLVED: (Riad/Walton*)That the Manager - Environmental Planning be requested to prepare a report to consider the reclassification of Part 2RAlexander Avenue, Taren Point via an amendment to the Sutherland Shire Local Environment Plan 2006, from'Community' Land to 'Operational' Land.

312BDS025-14 Restructure to Create Planning & Environment DivisionFile Number: CM/15/361623

RESOLVED: (Riad/Walton*)That Council's structure be amended to replace the Shire Services Division with the Planning & Environment Division andthat the General Manager refine the functions of the Division to focus on planning, development and environment issues.

BDS026-14 Council and Standing Committee MeetingDates - 8 October 2013 to 24 March 2014


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File Number: GO/06A/356924

This matter was considered in conjuction with CCL014-14. For Decision refer to Minute No. 343.

313BDS027-14 Review of Development Applications Relying on Draft Planning ControlsFile Number: LP/03/814282

*** Councillor Johns declared a not significant non-pecuniary interest in this matter, left the Chamber, took no part in thediscussion and did not vote.

MOTION: (Awada/Walton)1. That the General Manager be authorised to establish a short-term extraordinary Panel to consider and makerecommendations for the progression of development applications that have been submitted and rely heavily onAmendment No. 20 to Sutherland Shire Local Environmental Plan 2006 and/or Draft Sutherland Shire Local EnvironmentPlan 2013.

2. That the Panel be comprised of 2 Senior Planning Managers (preferably Directors) from neighbouring Councils or fromSSROC Councils, an external independent adviser (chairperson) with extensive expertise in planning law who has had noprevious relationship to Sutherland Shire Council, the Director or Acting Director of the newly created Planning unit ofSutherland Shire Council, the Sutherland Council General Manager and an independent person from the NSW Departmentof Planning.

3. That if the Panel so recommends, applications be reported directly to the Development and Planning Committee in theinterest of those applications being concluded in a timely manner.

AMENDMENT: (Scaysbrook/Steinwall) 1. That the General Manager be authorised to establish a short-term extraordinary Panel to consider and makerecommendations for the progression of development applications that have been submitted and rely heavily onAmendment No. 20 to Sutherland Shire Local Environmental Plan 2006 and/or Draft Sutherland Shire Local EnvironmentPlan 2013.

2. That the Panel be comprised of an external independent chairperson with extensive expertise and experience inplanning law, an external advisor to be determined, the General Manager, the Managers Assessment Teams andManager Planning.



FURTHER AMENDMENT: (Blight/Provan)1. That the General Manager be authorised to establish a short-term extraordinary Panel to consider and makerecommendations for the progression of development applications that have been submitted and rely heavily onAmendment No. 20 to Sutherland Shire Local Environmental Plan 2006 and/or Draft Sutherland Shire Local EnvironmentPlan 2013.

2. That the Panel be comprised of 2 Senior Planning Managers (preferably Directors) from neighbouring Council or fromSSROC Councils, an external independent adviser (chairperson) with extensive expertise in planning law, the Director orActing Director of the newly created Planning unit of Sutherland Shire Council, the Sutherland Council General Managerand an independent person from the NSW Department of Planning.


The Further Amendment on being put to the Meeting was declared lost.



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314DAP038-14 Listing of Undetermined & Determined MattersBefore the Land and Environment Court for the Period 27 August 2013 to 24 September 2013File Number: LS/03/247729


RESOLVED: (Riad/Walton*)1. That the Tables appended to the Report by the Director - Corporate Services relating to matters undetermined anddetermined in the Land and Environment Court, for the period 27 August 2013 to 24 September 2013, be received andnoted.

2. That in respect to those matters listed in Table A, Council's legal representatives be authorised to either commence orcontinue appropriate legal proceedings to ensure "best interest" outcomes are achieved for Council.

315DAP039-14 Proposal: IHAP014-14 - Section 96(2) Modificationto Development Consent No. 11/1208 - Relocation of the Plant Room, a New Spiral Staircase to the Rear Terrace, theInclusion of a Gym, a Block Screen to theCarport, the Relocation of the Northern External Steps, Internal and Window Changes – Taloombi Street, Cronulla Property: Lot 25 DP 9610 (No. 17) Taloombi Street, Cronulla Applicant: Innovative Architects Pty Ltd File Number: MA 13/0160 (DA11/1208)

*** The Mayor, Councillor Simpson, together with Councillors Awada, Croucher, Pesce, Provan, Schreiber, Towell, Waltonand Williams declared a not significant non-pecuniary interest in this matter.*** Councillor Johns declared a not significant non-pecuniary interest in this matter, left the Chamber, took no part in thediscussion and did not vote.

MOTION: (Steinwall/Towell)1. That Section 96 (2) of the Environmental Planning and Assessment Act, 1979 the Proposed Modification (MA13/0160)of Development Consent No. 11/1208 dated 11 May 2012 for the demolition of the existing dwelling and the constructionof a new dwelling at Lot 25 DP9610 (No. 17) Taloombi Street, Cronulla be refused.

2. That a report be prepared for the Development Assessment and Planning Committee/Environment, Health andRegulation Committee summarising:

a. The history of the site in terms of the Development, Modification and Building Certificate applicationsthat have been submitted and determined.

b. The likelihood of any further applications being submitted to modify the approved dwelling, taking intoaccount any discussions that have been held with the owner and the stage reached in the constructionprocess.

c. The status of the confidential Report in relation to compliance action on this site, and whether therecommendations or outcomes envisaged should be reconsidered given that several applications havebeen determined since that report was written.

AMENDMENT: (Croucher/Walton)That pursuant to the provisions of Section 96 (2) of the Environmental Planning and Assessment Act, 1979 the ProposedModification (MA13/0160) of Development Consent No. 11/1208 dated 11 May 2012 for the demolition of the existingdwelling and the construction of a new dwelling at Lot 25 DP9610 (No. 17) Taloombi Street, Cronulla be supported and theconditions of development consent be amended as follows:

(a) The deferred commencement condition relating to the lower ground level plant room be deleted.

(b) Condition (1) be amended to reflect the amended s.96 plans submitted with the exception of the enclosure of the


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southern side of the carport.

(c) Condition 8B regarding reinstatement of the ground levels along the northern boundary be deleted.

(d) Addition of the following new condition:

The spiral stair case and any associated screening must be setback 1500mm from the side boundarysetback. The full height privacy screen around the stairs must be constructed of a material that preventsany view into the adjoining property to the south.


A Division was requested on the Amendment and the fol lowing votes were recorded:

In Favour of the Amendment were Councillors Awada, Cook, Croucher, Pesce, Provan, Schreiber, Walton and Williams.

Against the Amendment were the Mayor, Councillor Simpson, together with Councillors Blight, Riad, Scaysbrook,Steinwall and Towell.


A Division was requested on the Resolution and the fol lowing votes we recorded:

In Favour of the Resolution were Councillors Awada, Cook, Croucher, Pesce, Provan, Schreiber, Walton and Williams.

Against the Resolution were the Mayor, Councillor Simpson, together with Councillors Blight, Riad, Scaysbrook,Steinwall and Towell.

316DAP040-14 Proposal: IHAP015-14 - Demolition of ExistingBuilding, Construction of a Single Storey Building, Change of Use of the Premises to a Retail Premises and Instal lation of Three (3) Advertising Signs - Taren PointRoad, Caringbah Property: Lot 1 DP 207147 (No. 160) Taren PointRoad, Caringbah Applicant: Nelda Bay Pty Limited File Number: DA13/0563

*** Councillor Johns declared a not significant non-pecuniary interest in this matter, left the Chamber, took no part in thediscussion and did not vote.*** Councillor Schreiber declared a not significant non-pecuniary interest in this matter.

RESOLVED: (Riad/Walton*)That Development Application no. 13/0563 for Demolition of Existing Building, Construction of a Single Storey Building,Change of Use of the Premises to a Retail Premises and Installation of Three (3) Advertising Signs at Lot 1 DP 207147(No. 160) Taren Point Road, Caringbah be refused for the reason:

That Council is prohibited by Clause 41(2)(a)&(c) of the Environmental Planning & Assessment Regulation fromapproving the proposed change of use.

A Division was requested on the Resolution and the fol lowing votes were recorded:

In Favour of the Resolution were the Mayor, Councillor Simpson, together with Councillors Awada, Blight, Cook,Croucher, Pesce, Provan, Riad, Scaysbrook, Schreiber, Steinwall, Towell, Walton and Williams.

The decision was unanimous.


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317DAP041-14 Proposal: IHAP016-14 - Construction of anAdditional Level to a Residential Flat Building Approved under DA11/1138, Associated Modification of the Basement,Floor Layouts and Elevations and Additional 12 Strata Lots – President Avenue, Sutherland Property: Lots 1 to 5 DP14764 (Nos. 558-566) President Avenue, Sutherland Applicant: Cuzeno Pty Ltd File Number: DA13/0426


RESOLVED: (Riad/Walton*)That Development Application No. 13/0426 for Construction of an Additional Level to a Residential Flat Building approvedunder DA11/1138, Associated Modification of the Basement, Floor Layouts and Elevations and Additional 12 Strata Lotsat Lots 1 to 5 DP14764 (Nos. 558 to 566) President Avenue, Sutherland be refused as it relies on Draft LocalEnvironmental Plan 2013 for approval, and on the basis of height and floorspace ratios non compliances andovershadowing impacts.

A Division was requested on the Resolution and the fol lowing votes were recorded:

In Favour of the Resolution were the Mayor, Councillor Simpson, together with Councillors Awada, Blight, Cook,Croucher, Pesce, Provan, Riad, Scaysbrook, Schreiber, Steinwall, Towell, Walton and Williams.

The decision was unanimous.

318DAP042-14 SSLEP2006 - Amendment No. 19File Number: LP/03/557614


RESOLVED: (Riad/Walton*)That the report on the Making of Sutherland Shire Local Environmental Plan 2006 (Amendment No. 19) be received andnoted.

319DAP043-14 Endorsement of Draft Sutherland Shire LocalEnvironmental Plan 2006 – Amendment No. 21 File Number: LP/03/445848


RESOLVED: (Riad/Walton*)That pursuant to Clause 400 of the Local Government (General) Regulation 2005, Draft Sutherland Shire LocalEnvironmental Plan 2006 – Amendment No. 21 be executed under the Common Seal of the Council of the SutherlandShire in the presence of the Mayor and General Manager as the document relates to the business of Council:

File No: LP/03/44584Document Description: Draft Sutherland Shire Local Environmental Plan 2006 – Amendment No. 21Purpose: Amend Sutherland Shire Local Environmental Plan 2006 to rezone land at 1091A Old Princes Highway,Engadine (Lot 102 DP 1166927) from Zone 12 - Special Uses (Utilities) to Zone 8 - Urban Centre; and amend Clause 14 –Exceptions to Zoning Table – specified development on specified land, to permit hotels with a maximum floor space ratio(FSR) of 1:1 at 533-541 Princes Highway, Kirrawee.Property: 1019A Old Princes Highway, Engadine (Lot 102 DP 1166927), and 533-541 Princes Highway, Kirrawee (Lot 102DP 1166927).


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320DAP044-14 Report on Exhibition of Draft Greenhil ls BeachDevelopment Control Code - Amendment 3 File Number: LP/03/623717


RESOLVED: (Riad/Walton*)1. That the Greenhills Beach Development Control Code Amendment 3 be adopted.

2. That Greenhills Development Control Code Amendment 3 take effect upon a notice being placed in the St George andSutherland Shire Leader.

3. That the Department of Planning and Infrastructure be forwarded a copy of the Greenhills Development Control CodeAmendment 3.

321DAP045-14 The Il lawarra Over the Next 20 Years:A Discussion Paper File Number: LP/06/642130


RESOLVED: (Riad/Walton*)1. That the report titled “The Illawarra over the next 20 years: A Discussion Paper” be received and noted.

2. That a submission by Council be prepared on the basis of the material contained in this report.

3. That in principle a car interchange/commuter carpark be investigated at Waterfall or Yarrawarrah.

322DAP046-14 Review of Outstanding MattersFile Number: GO/06A/575007


RESOLVED: (Riad/Walton*)That the Outstanding Matters Report of the Development Assessment and Planning Committee be received and noted.

Councillor Johns rejoined the Meeting at this stage.

323EHR034-14 Briefing by Managers File Number: CM/10/713066

RESOLVED: (Riad/Walton*)That the Briefing Information be received and noted.


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324EHR035-14 Fees for Architectural Review Advisory Panel File Number: GO/06B/611263

RESOLVED: (Riad/Walton*)1. That the fee schedule as per Table 1 of the report relating to applications considered by the Architectural ReviewAdvisory Panel be adopted for inclusion in the current Schedule of Fees and Charges.

2. That for small to medium developments, in the case of residential applications, 20 dwellings or less, a 50% discountbe offered for second and subsequent visits relating to a particular proposal.

325EHR036-14 Review of Procedure for Commenting on Telco Instal lations File Number: DBC/07/305960

*** Councillor Riad declared a pecuniary interest in this matter, left the Chamber, took no part in the discussion and didnot vote.

RESOLVED: (Blight/Towell)1. That council staff continue to receive and review notifications that are provided by telco's to Council.

2. That such notifications be processed as outlined in the Process for Review of Notification of Low-ImpactTelecommunication Facilities as attached.

3. That Council endorse the Process for Review of Notification of Low-Impact Telecommunication Facilities as attachedat Appendix A.

4. That Council cease the process of automatically advertising telco notifications and only do so where concerns about aspecific facility arise as outlined in the Process for Review of Notification of Low-Impact Telecommunication Facilities.

5. That all Councillors are notified about each application by email.

6. That Council receive a report on the impact to residents of the co-sharing of telecommunications facilities and theaccumulation of low impact facilities on one site.

Councillor Riad rejoined the Meeting at this stage.

326EHR037-14 Georges River Estuary Coastal Zone Management Plan - Results of Public Exhibition File Number: EM/09/757601

RESOLVED: (Riad/Walton*)1. That the Georges River Estuary Coastal Zone Management Plan be adopted.

2. That environmental planning instruments and regional strategies be made consistent with the Plan, as they are revisedand updated.

327EHR038-14 Cutting Red Tape - Review of Fees and Charges File Number: CM/15/858315

RESOLVED: (Johns/Cook)1. That the report "Cutting Red Tape - Review of Fees and Charges" be received and noted.


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2. That the increased Sutherland Entertainment Centre Technical Services Fee of $170 for community users and $250 forcommercial users be adopted for inclusion in the 2013/14 Schedule of Fees and Charges.

3. That the increased Sutherland Entertainment Centre Additional Technician Fee of $66 be adopted for inclusion in the2013/14 Schedule of Fees and Charges.

4. That the proposed fees be exhibited for public comment pursuant to section 610F(3) of the Local Government Act1993.

5. That a report summarising the findings of the Internal Audit reviews relating to fees and charges, and to bonds andsecurity deposits be reported to the next meeting of the Environment Health and Regulation Committee.

328EHR039-14 Review of Outstanding Matters File Number: GO/06A/642624

RESOLVED: (Riad/Walton*)1. That the Outstanding Matters Report of the Environment Health and Regulation Committee be received and noted.

2. That the following matters be removed from the Environment Health and Regulation Committee Outstanding MattersReport:

15/08/2011MINUTE NO. 172SAF028-122011/2012 Waterways Program - Wallys Wharf Ship-to-Shore Sewage Pump-Out SystemFile Number: CM/17/470937

10/10/2012MINUTE NO. 447EHR028-13Georges River Estuary Coastal Zone Management Plan - Adoption for Public ExhibitionFile Number: EM/09/757601

329WKS001-14 Report and Minutes of the Meeting of the Sutherland Traffic Committee of Sutherland Shire Council, held in the Administration Centre, Eton Street,Sutherland on Friday, 6 September 2013 File Number: GO/06B/155731

RESOLVED: (Riad/Walton*)That the Minutes of the Sutherland Traffic Committee Meeting held on 6 September 2013 be received and noted.

330WKS002-14 Report and Minutes of the Meeting of the Consultative Traffic Forum of Sutherland Shire Council, held in the Administration Centre, Eton Street, Sutherland on Friday, 6 September 2013 File Number: GO/06B/155731

RESOLVED: (Riad/Walton*)That the Minutes of the Consultative Traffic Forum Meeting held on 6 September 2013 be received and noted.


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331WKS003-14 Status of Sussex and Bournemouth Streets, Bundeena - Community Consultation Results File Number: CP/02 /285112

RESOLVED: (Riad/Walton*)1. That action to give notice and dedicate the Bournemouth and Sussex Street road reserves under sections 16 and 17of the Roads Act 1993 be deferred.

2. That council staff commence discussions with RVA Australia Pty Ltd, National Parks and Wildlife Service andselected representatives from the Bundeena community to determine whether a mutually satisfactory agreement can bereached involving a site within the former nightsoil depot for the caretakers dwelling so as to remove the need to locatethe dwelling in the Sussex Street road reserve.

3. That a further report be provided within one month to Council after the discussions have taken place between RVAAustralia Pty Ltd, National Parks and Wildlife Service and selected representatives from the Bundeena community, andthat relevant information be provided to the above stakeholders.

332WKS004-14 Proposed Lease of a Portion of Bundeena Memorial Reserve to Bundeena RSL Club File Number: CP/04/582220

RESOLVED: (Schreiber/Williams)1. That the proposed Lease of a Portion of Bundeena Memorial Reserve to Bundeena RSL Club be deferred for a siteinspection.

2. That a further report be provided to a future Infrastructure Project and Works Committee in regards to the future usewhich would be allowed.

WKS005-14 This number was not used.

WKS006-14 This number was not used.

333WKS007-14 Progress Project Plan - Waratah Park Synthetic Concept File Number: PR/08/451077

RESOLVED: (Johns/Towell)That the project of developing synthetic sports fields at Waratah Park-Lincoln Field should remain on current schedulewhile ensuring that proper due diligence is applied to this project as follows:

1. That Council proceeds to prepare an Expression of Interest (EOI) for Lincoln Oval (Waratah Park) as soon as possible,to identify a suitable supplier to carry out the proposed project, with a suggested completion date for late March, or thefirst week in April 2014. The EOI should allow for the supplier to provide options that not only provide an outcome whichis within budgeted figures, but also allows for various outcomes that ensure a minimum to nil financial impact onratepayers and sporting organisations.

2. That a geotech investigation be undertaken at Lincoln Oval and the other suggested sites (Kareela and Gwawley) toresolve the capability of each site being suitable for building synthetic fields. These investigations are currently beingcompleted and are to be provided to interested councillors.

3. That the current discussions between AFL and football/soccer continue to resolve issues that may exist in terms ofsharing the facility and whether a shared facility is the desired outcome.


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4. That a risk assessment be undertaken of the site as it interacts and relates to the operation of the cycle track and thatsafety measures be identified for incorporation in a Plan of Management.

5. That once the EOI submissions have been received, financial modelling be undertaken to look at the possible financialimplications associated with capital investment, annual maintenance, possible user charges and user ability to pay andpotential saving on maintenance of traditional grass playing fields.

6. That once these steps are completed the findings be presented to Council for further consideration as to the besttender available.

7. That a Master Plan for the Waratah site be provided at a future Infrastructure Projects and Works Committee meetingfor consideration.

8. That a further flexible EOI be prepared concurrently for the suppliers, stakeholders and the Market to provide optionsfor Synthetic fields at Waratah Park, Kirrawee, Gymea and Lilli Pilli individually and/or as a total or separate packageswith options the Market or stakeholders believe could deliver

i) Value for Moneyii) Innovative solutionsiii) Stakeholder collaborationiv) Economies of scalev) Financing options

Councillor Walton left the Meeting at this stage (9.20 pm).

334WKS008-14 Review of Outstanding Matters File Number: GO/06A/916287

RESOLVED: (Riad/Walton*)1. That the report detailing the Outstanding Matters of the Services and Facilities Committee be received and noted.

2. That the following item be removed from the Outstanding Matters Report of the Infrastructure Projects and WorksCommittee:

a) SAF005A-14, 16/09/2013, Tender for Receival, Processing and End Market Supply of GreenwasteMaterial, File Number: CM/17/632693.

335WKS009-14 2013/2014 Road Pavement Rehabil i tation and Preventative Maintenance Programs File Number: RD/05/152691, RD/07/527604

RESOLVED: (Riad/Walton*)1. That funds totalling $1,600,000 be voted for the projects listed in Appendix 'A' of this report and for the completion of aPavement and Road Asset Condition Survey from the 2013/14 Road Pavement Rehabilitation Program - Project AccountNo. IN/EX-EC-PR0000.

2. That funds totalling $1,100,000 be voted for the projects listed in Appendix 'B' of this report from the 2013/14 RoadPavement Preventative Maintenance Program - Project Account No. IN/EX-EC-PM0000.

336LRS001-14 Communities Unit - Connected Communities & Community Places Teams - Performance Report for the period January to June 2013 File Number: CM/10/546193


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RESOLVED: (Riad/Walton*)That the Communities Unit (Connected Communities & Community Places Teams) performance report for the periodJanuary to June 2013 be received and noted.

337LRS002-14 Trading Report for the Sutherland Entertainment Centre and Dining at Hazelhurst for the period ending 30 June 2013 File Number: CM/10/632457, FM/10/355983

RESOLVED: (Riad/Walton*)That the report on Sutherland Entertainment Centre and Dining at Hazelhurst for the period ending 30 June 2013 bereceived and noted.

338LRS003-14 Sutherland Shire Youth Action Plan 2014-2018 - 'Our Youth Our Future' File Number: CMS/03/28437

RESOLVED: (Riad/Walton*)That the Sutherland Shire Youth Action Plan 2014 - 2018 - 'Our Youth Our Future' as attached to this report be placed onpublic exhibition for a period of four weeks.

339LRS004-14 Public Facil i ty Naming Request - Bil l Sinclair - Bundeena Skate Facil i ty - Results of Community Consultation File Number: PR/07/984472

RESOLVED: (Riad/Walton*)1. That the results of community consultation on a proposal to name the skate bowl facility at Bundeena Oval in memoryof Bill "The Bike Man" Sinclair be received and noted.

2. That the name "Bill Sinclair Skate Bowl" for the skate facility located at Bundeena Oval, Bundeena, be adopted.

340LRS005-14 Open Space Naming Request - Proposed Michael Wilson Reserve Barraran Street - Results of Community Consultation File Number: PR/07/984472

MOTION: (Williams/Provan)1. That the report "Open Space Naming Request - Proposed Michael Wilson Reserve Barraran Street - Results ofCommunity Consultation" be received and noted.

2. That the public reserve at 10R Barraran Street, Gymea Bay be renamed "Michael Wilson Reserve" in recognition ofthe exceptional bravery shown by Mr Michael Wilson in the performance of his duties as a decorated paramedic with theNew South Wales Ambulance Service.

AMENDMENT: (Cook/Johns)1. That the report "Open Space Naming Request - Proposed Michael Wilson Reserve Barraran Street - Results ofCommunity Consultation" be received and noted.

2. That a commemorative plaque be placed at the public reserve at 10R Barraran Street, Gymea Bay in recognition of theexceptional bravery shown by Mr Wilson in the performance of his duties as a paramedic.



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341LRS006-14 Minutes of the Meeting of the Aboriginal Advisory Committee of the Council of Sutherland Shire, held in the Administration Centre, Eton Street, Sutherland on 14 August 2013 commencing at 6.00 pm File Number: GO/06B/984032

RESOLVED: (Riad/Walton*)1. That the Minutes of the Aboriginal Advisory Committee meeting held on 14 August 2013, be received and noted.

2. That Les Bursill be thanked for his contribution to the activities of the Sutherland Shire Aboriginal Advisory Committeein his previous position as Committee chairperson. That his role in furthering the interests of the local Aboriginalcommunity be recognised, and that he be wished all the best in his future endeavours.

342LRS007-14 Review of Outstanding Matters File Number: GO/06A/662322

RESOLVED: (Riad/Walton*)1. That the report detailing the Outstanding Matters of the Lifestyle Recreation and Sports Committee be received andnoted.

2. That the following items be removed from the Outstanding Matters Report:

a) 05/09/2011, MINUTE NO. 229, SAF036-12 Presentation - Sutherland Shire Youth Council, File Number:CMS/07/535935

b) 05/08/2013, MINUTE NO. 101, CSV006-14 Open Space Naming Request - Proposed Michael WilsonReserve Naming Options, File Number: PR/07/984472

c) 26/08/2013, MINUTE NO. 154, CSV018-14 Public Facility Naming Request - Bill Sinclair - BundeenaSkate Facility, File Number: PR/07/984472

d) 16/09/2013, MINUTE NO. TBA, CSV023-14 Amplify - Student Leadership Conference, File Number:CMS/07/480130

CCL013-14 This matter was considered earl ier in the Meeting(see Minute No. 286).

343CCL014-14 Council and Standing Committee Meeting Dates - 21 October to 24 March 2014File Number: GO/06A/356924

RESOLVED: (Riad/Walton*)That the proposed schedule of Council and Committee Meeting dates for the period 21 October 2013 to 24 March 2014,as contained in the report, be adopted.

344MOT005-14 Closing of Local Fire & Rescue Stations


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File Number: ES/12/988424

MOTION: (Blight/Towell)That SSC strongly protest to the State Government about closing local Fire & Rescue Stations due to budget cuts.

That Council:

1) seek a meeting with the Minister to raise this issue on behalf of residents.

2) condemn any closure of Fire & Rescue stations as it reduces protection for Shire residents and their property.

The Motion on being put to the Meeting was lost.

A Division was requested on the Motion and the fol lowing votes were recorded:

In Favour of the Motion were Councillors Blight, Scaysbrook, Steinwall and Towell.

Against the Motion were the Mayor, Councillor Simpson, together with Councillors Awada, Cook, Croucher, Johns,Pesce, Provan, Riad, Schreiber and Williams.

Letter

345 Temporary Closure of Sutherland Fire StationFile Number: ES/12/988424

The Mayor, Councillor Simpson tabled a letter from Mr Geoff Provest, MP Parliamentary Secreatry for Police andEmergency Services dated 12 March 2013 regarding the temporary closure of Sutherland Fire Station.

Petition

346 Cronulla Women’s Rest CentreFile Number: GO/04A/595739

The Mayor, Councillor Simpson tabled a petition regarding Cronulla Women’s Rest Centre.

347 Business Without NoticeTreatment of Council Information and DataFile Number: GO/06B/665956, GR/03/324567

Councillor Pesce requested that Business Without Notice regarding Treatment of Council Information and Data beconsidered as a matter of urgency.

RESOLVED: (Simpson/Croucher)That permission be granted to bring forward Business Without Notice regarding Treatment of Council Information andData and that this be considered in Closed Session.

The Mayor, Councillor Simpson, ruled in accordance with Clause 19(3)(b) of Council’s Code of Meeting Practice that thematter was of great urgency.

At this time in the Meeting, all closed i tems not called for discussion were moved in bulk, as shown:“ RESOLVED: (Johns/Riad**)” .

348 CONSIDERATION OF BUSINESS OF CLOSED SESSION (9.48 pm)


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The Mayor, Councillor Simpson, asked the General Manager if any representations had been received from the public onany of the items Council will be discussing in Closed Session as per the Agenda.

The General Manager replied that no representations had been received to talk to the items in Closed Session.

The Mayor, Councillor Simpson, asked if there were any members of the public gallery who would like to speak on thereasons Council proposes to consider the items in Closed Session.

There were none.

RESOLVED: (Simpson)That in accordance with Section 10(A)(1) of the Local Government Act, 1993 (as amended) the matters listed in theAgenda be considered in Closed Session of Council for the reasons provided.

BDS001A-14 Proposed Lease to Australia Post of Council Propertyat Unit 1, 29-33 Waratah Street, Kirrawee NSW 2232, Financial ConsiderationsFile Number: CP/04/37164 & Comm08005

6. Section 10A(2)(d)(i) Commercial Information of a Confidential Nature:This matter was considered in Closed session as it relates to commercial information the disclosure of which would belikely to prejudice the commercial position of the person, company or tenderer who supplied it. On balance, the publicinterest in preserving the confidentiality of information provided by persons, companies or tenderers outweighs the publicinterest in maintaining openness and transparency in council decision-making because the disclosure of this informationcould reveal information that is commercial in confidence and the release of which could damage the commercial positionof the person, company or tenderer who supplied it.

BDS002A-14 Minutes of Meeting of the CommercialProperty Project Steering Committee of Sutherland Shire CouncilFile Number: GO/06B/890604

3. Section 10A(2)(c) Information that would, if Disclosed, Confer a Commercial Advantage on a Person with Whom theCouncil is Conducting (or Proposes to Conduct) Business:This matter was considered in Closed session as it relates to a proposal for the sale or purchase of land where priorknowledge of this proposal could confer an unfair financial advantage on any person. On balance, the public interest inpreserving the confidentiality of information about the reserve price outweighs the public interest in maintaining opennessand transparency in council decision-making because the disclosure of this information would put the Council at acompetitive disadvantage in its negotiations with a prospective purchaser, preventing it from achieving a ‘best value formoney’ outcome for the community.

WKS001A-14 Legal Advice on the Tender Submission received for Receival, Processing and End Market Supply of Greenwaste Material File Number: CM/17/632693Director: Shire Infrastructure (MKG:EE)


WKS002A-14 Tender for Receival, Processing and End Market Supply of Greenwaste Material File Number: CM/17/632693Director: Shire Infrastructure (BR:HK)


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WKS003A-14 Tender for Weed Control Services in Roadways and Footpaths Under Preferred Supplier Agreement File Number: CM/17/408395Director: Shire Infrastructure (BR / GW)


WKS004A-14 Soldiers Road Child Care Centre Playground Upgrade File Number: PR/03/395523Director: Shire Infrastructure (JP/RG)

6. Section 10A(2)(d)(i) Commercial Information of a Confidential Nature:This was being considered in Closed session as it relates to commercial information the disclosure of which would belikely to prejudice the commercial position of the person, company or tenderer who supplied it. On balance, the publicinterest in preserving the confidentiality of information provided by persons, companies or tenderers outweighs the publicinterest in maintaining openness and transparency in council decision-making because the disclosure of this informationcould reveal information that is commercial in confidence and the release of which could damage the commercial positionof the person, company or tenderer who supplied it.

WKS005A-14 Tender for Provision of Footpath GrindingUnder Preferred Supplier AgreementFile Number: CM/17/464673Director: Shire Infrastructure (BR / MOL)


BWN001A-14 Treatment of Council Information and DataFile Number: GO/06B/665956, GR/03/324567

10. Section 10A(2)(f) Matters Affecting the Security of the Council, Councillors, Council Staff or Council Property:This matter is being considered in Closed session as it relates to matters affecting the security of the Council,Councillors, Council staff or Council property. On balance, the public interest in preserving the confidentiality ofinformation relating to the security of the Council, Councillors, Council staff or Council property outweighs the publicinterest in maintaining openness and transparency in council decision-making because the disclosure of this informationmay result in personal harm to Councillors and/or council staff, or damage or loss to council properties.

349


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BDS001A-14 Proposed Lease to Austral ia Post of CouncilProperty at Unit 1, 29-33 Waratah Street, Kirrawee NSW 2232, Financial ConsiderationsFile Number: Comm08005

RESOLVED: (Johns/Riad**)That the report "Proposed Lease to Australia Post of Council Property at Unit 1, 29-33 Waratah Street, Kirrawee NSW2232 - Financial Considerations" be received and noted.

350BDS002A-14 Minutes of Meeting of the CommercialProperty Project Steering Committee of Sutherland Shire CouncilFi le Number: GO/06B/890604

RESOLVED: (Johns/Riad**)That the minutes of the Commercial Property Project Steering Committee held on Monday, 2 September 2013 bereceived and noted.

351WKS001A-14 Legal Advice on the Tender Submission received for Receival, Processing and End Market Supply of Greenwaste Material File Number: CM/17/632693

RESOLVED: (Johns/Riad**)That the report "Legal advice on the tender submission received for Receival, Processing and End Market Supply ofGreenwaste Material" be received and noted.

352WKS002A-14 Tender for Receival, Processing and End Market Supply of Greenwaste Material File Number: CM/17/632693

RESOLVED: (Johns/Riad**)1. That in accordance with Local Government (General) Regulation 2005 – Reg 178 (1)(b) Council decline to accept alltenders received for Tender 465/13 Receival, Processing and End Market Supply of Greenwaste Material.

2. That in accordance with Local Government (General) Regulation 2005 – Reg 178 (3)(e) Council enter into negotiationswith Sita Australia Pty Ltd with a view to entering into an amended form of the Contract.

353WKS003A-14 Tender for Weed Control Services in Roadways and Footpaths Under Preferred Supplier Agreement File Number: CM/17/408395

RESOLVED: (Johns/Riad**)1. That in accordance with Local Government (General) Regulation 2005 - Reg 178 (1)(b), Council decline to accept anyof the tenders received for Tender T466-13 'Weed Control Services in Roadways and Footpaths Under Preferred SupplierAgreement'.

2. That the service for 'Weed Control Services in Roadways and Footpaths Under Preferred Supplier Agreement' be re-tendered.

354


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WKS004A-14 Soldiers Road Child Care Centre Playground Upgrade File Number: PR/03/395523


RESOLVED: (Johns/Riad**)1. That the necessary funds ($263,529 exc GST) be voted to undertake the upgrade of the playground at Soldiers RoadEarly Education Centre, located at 92 Soldiers Road, Jannali.

2. That GJS Landscapes Pty Ltd be selected as the preferred tenderer, and they be awarded the contract for the designand construction for the upgrade of the playground at Soldiers Road Early Education Centre.

3. That pursuant to Clause 400 of the Local Government (General) Regulations 2005, all documentation to effect theacceptance of the tender for the design and construction for the upgrade of the playground at Soldiers Road EarlyEducation Centre, located at 92 Soldiers Road Jannali, (Tender No SOLD 566 PLAY) submitted by GJS Landscapes PtyLtd for the sum of $221,414 excluding GST, be executed under the Common Seal of the Council of Sutherland Shire,subject to the terms and conditions being acceptable to the General Manager, in the presence of the Mayor and GeneralManager, as such documentation relates to the business of Council.

355WKS005A-14 Tender for Provision of Footpath GrindingUnder Preferred Supplier AgreementFile Number: CM/17/464673

RESOLVED: (Johns/Riad**)1. That the tender received from The Australian Grinding Company Pty Ltd for the Provision of Footpath Grinding beaccepted.

2. That the successful tenderer be required to sign a Preferred Supplier Agreement with Council for a period of three (3)years, with a further one (1) year extension at Council’s sole discretion.

356BWN001A-14 Treatment of Council Information and DataFile Number: GO/06B/665956, GR/03/324567

MOTION: (Pesce/Cook)1. That Council notes significant confidential reports have been made available to members of the public.

2. That Council should establish a Working Party to review policies and procedures in regards to their adequacy, currencyand appropriateness along with the current cultural understanding among staff and Councillors regarding the confidentialtreatment of Council information and data.

3. That a Working Party should instruct a review team (externally appointed) in the specifics of their review requirementsincluding policy and procedure, specific incidences of concern, deficiencies in training and similar matters.

4. That the review team would undertake a review based on the Working Party's instructions and report to them on theirfindings and recommendations.

5. That a working party comprising the Mayor, Deputy Mayor, Cr Scaysbrook and Cr Pesce be appointed.

6. That the committee report back to Council on their recommendations.

7. That a full investigation be conducted of the source of confidential documents which have been released.

8. That the cost of the investigation up to $50,000 be absorbed from the Governance budget.

AMENDMENT: (Blight/Provan)1. That Council notes significant confidential reports have been made available to members of the public.

2. Council should establish a Working Party to review policies and procedures in regards to their adequacy, currency andappropriateness along with the current cultural understanding among staff and Councillors regarding the confidential


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treatment of Council information and data.

3. That a Working Party should instruct a review team (externally appointed) in the specifics of their review requirementsincluding policy and procedure, specific incidences of concern, deficiencies in training and similar matters.

4. The review team would undertake a review based on the Working Party's instructions and report to them on theirfindings and recommendations.

5. That a working party comprising the Mayor, Deputy Mayor, Cr Scaysbrook and Cr Pesce be appointed.

6. That the committee report back to Council on their recommendations.

7. That the Council authorise the Mayor and General Manager to spend up to $50,000.



The Meeting closed at 10.20 pm.

CONFIRMED:

MINUTE NO:


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Budget and Strategic Issues

14/09/2015 BDS035-16Report Title: Outcome of Negotiations for the Acquisition of Part of Council Land at 1 Myuna Place, Port

HackingFile Number: 2015/4780Author: Property Services Manager (TD)Minute Number: 197 Council Meeting Date: 21/09/2015

REPORT SUMMARY

EXECUTIVE SUMMARY: This report is to advise Council on the outcome of commercial negotiations for the acquisition of part of Council land at 1Myuna Place, Lilli Pilli.

The matter was previously reported via BDS023-14 . The owner of 24 Little Turriell Bay Road, Lilli Pilli approachedCouncil with the proposal to acquire part of 1 Myuna Place, Lilli Pilli for rear property access purposes. Since the lastreport, Council and the owner entered into negotiations and have been successful in reaching an agreed sale price.

This report will address resolution number 4 in BDS023-14.

SUMMARY OF RECOMMENDATION: 1. That the Manager - Environmental Planning be requested to prepare a report to consider the reclassification of 1 & 2Myuna Place, Port Hacking (Lot 10 DP 255123 and Lot 9 DP 255123) via an amendment to the Sutherland Shire LocalEnvironment Plan 2015, from 'Community' Land to 'Operational' Land.

2. That, subject to reclassification, the sale of part of Lot 10 DP 255123 at 1 Myuna Place, Port Hacking andreclassification of Lot 9 DP 255123 at 2 Myuna Place, Port Hacking, be supported and endorsed.

3. That pursuant to Clause 400 of the Local Government (General) 2005, the following documents be executed underCommon Seal of the Council of the Sutherland Shire, subject to terms and conditions being acceptable to the GeneralManager, in the presence of the Mayor and the General Manager, as the documents relate to the business of the Council:

Type of document: Contract for Sale, Transfer Document and all associated documentation to effect thesale of part of Lot 10 DP 255123 at 1 Myuna Place, Port Hacking Other party: Owner/s of 24 Little Turriell Bay Road, Lilli PilliPurpose: To sell part of reserve to the adjoining owners at 24 Little Turriell Bay Road, Lilli Pilli

FINANCIAL / RESOURCE IMPLICATIONS:The cost associated with reclassification will be borne by Council.

RELATIONSHIP TO STRATEGIC DIRECTIONS: The reclassification aligns with Council's primary strategy of strengthening our community by making sure people canfeel safe to live, work and enjoy the Shire.

POLICY / LEGAL IMPLICATIONS:To enable Council to sell the proposed parcel of land, it will be necessary for Council to undertake a reclassificationprocess in accordance with the relevant sections under the Local Government Act 1993.

LIST OF APPENDICES:Appendix A - map of 1 & 2 Myuna Place

PREVIOUS CONSIDERATION / HISTORY OF MATTER:BDS023-14

REPORT IN FULL

Purpose


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https://sscebp.ssc.nsw.gov.au/ebp/ebp.nsf/vwFullPublicView/3003735ec280ad37ca257eba00135271?OpenDocument&ExpandSection=-2#_Section2

https://sscebp.ssc.nsw.gov.au/ebp/ebp.nsf/94662c0e35fb9d8cca257b4400119089/4f514298c5766343ca257bfa00139e54?OpenDocument

https://sscebp.ssc.nsw.gov.au/ebp/ebp.nsf/94662c0e35fb9d8cca257b4400119089/4f514298c5766343ca257bfa00139e54?OpenDocument


To report on the outcome of commercial negotiations between Council and the owner of 24 Little Turriell Bay Road, LilliPilli for the part acquisition of Council land at 1 Myuna Place, Lilli Pilli for rear property access purposes.

The report will also seek Council approval to consider the reclassification of Lot 9 DP 255123 being 2 Myuna Place, PortHacking.

Background Council via BDS023-14 resolved:






This report deals with item 4 in the above resolution.

For the purposes of this report, the owners of 24 Little Turriell Bay Road, Lilli Pilli will be referred to as "the owners".

That upon conclusion of commercial negotiations a further report be providedCouncil staff and the owners of 24 Little Turriell Bay Road, Lilli Pilli entered into negotiations for the acquisition of part of1 Myuna Place, Port Hacking, being Council owned land which is dedicated as a public reserve.

A valuation report was obtained by Council to determine a market value of the area of land the subject of this matter. Thearea of land proposed to be acquired spans the width of the rear property boundary of 24 Little Turriell Bay Road andbeing approximately 20 square metres. Council staff following receipt of the valuation presented an offer to the owners of24 Little Turriell Bay Road in line with the valuation report for their consideration. The offer was declined and as a resultthe owners obtained their own independent valuation report and submitted a counter offer. Council staff and the ownerscontinued negotiations but were unfortunately unsuccessful in those negotiations.

The matter was then referred to the Deputy General Manager / Director of Commercial Operations for action. Thenegotiation between the owners and Council continued and after a period of time, both parties agreed to a sale pricesubject to Council resolution and reclassification. The details of the agreed value on the sale price is contained within theaccompanying confidential report.

Council also owns 2 Myuna Place which is another thin strip of land dedicated as public reserve on the other side of thestreet. The parcel is classified as community land and is approximately 94 square metres in size. The parcel was likelycreated for the same purpose as 1 Myuna Place. It currently serves no useful purpose and would not likely be considereda public reserve. The physical on site appearance of the land would clearly suggest to the community that it is part of theroad reserve and should not be land dedicated for public reserve purposes. It is suggested that the Council considerreclassifying 2 Myuna Place to operational land.

Policy To enable Council to sell the proposed parcel of land, it will be necessary for Council to undertake a reclassificationprocess in accordance with the relevant sections under the Local Government Act 1993.

Current SituationCouncil staff and the owners of 24 Little Turriell Bay Road have reached agreement on a sale price subject to Councilresolution and reclassification for the sale of approximately 20 square metres of land adjoining 24 Little Turriell Bay Road,Lilli Pilli.

It is also considered appropriate that Council consider the reclassification of Council land identified as Lot 9 DP 255123at 2 Myuna Place. The land is also dedicated as a public reserve and serves no useful purpose as public reserve.

ConclusionCouncil has successfully negotiated an agreement on value for the sale of part of Council land identified as part of Lot 10DP 255123 at 1 Myuna Place subject to Council resolution and reclassification of the land to operational land.

It is also suggested that the Council owned land at 2 Myuna Place be reclassified to operational land.


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1. That the Manager - Environmental Planning be requested to prepare a report to consider the reclassification of 1 & 2Myuna Place, Port Hacking (Lot 10 DP 255123 and Lot 9 DP 255123) via an amendment to the Sutherland Shire LocalEnvironment Plan 2015, from 'Community' Land to 'Operational' Land.


3. That pursuant to Clause 400 of the Local Government (General) 2005, the following documents be executed underCommon Seal of the Council of the Sutherland Shire, subject to terms and conditions being acceptable to the GeneralManager, in the presence of the Mayor and the General Manager, as the documents relate to the business of the Council:



1. That the Manager - Environmental Planning be requested to prepare a report to consider the reclassification of 1 and 2Myuna Place, Port Hacking (Lot 10 DP 255123 and Lot 9 DP 255123) via an amendment to the Sutherland Shire LocalEnvironment Plan 2015, from 'Community' Land to 'Operational' Land.


3. That pursuant to Clause 400 of the Local Government (General) Regulation 2005, the following documents beexecuted under the Common Seal of the Council of Sutherland Shire, subject to the terms and conditions beingacceptable to the General Manager, in the presence of the Mayor and the General Manager, as such documentationrelates to the business of Council:


(The Mayor, Councillor Johns / Councillor Cook)

COUNCIL RESOLUTION

1. That the Manager - Environmental Planning be requested to prepare a report to consider the reclassification of 1 and 2Myuna Place, Port Hacking (Lot 10 DP 255123 and Lot 9 DP 255123) via an amendment to the Sutherland Shire LocalEnvironment Plan 2015, from 'Community' Land to 'Operational' Land.


3. That pursuant to Clause 400 of the Local Government (General) Regulation 2005, the following documents beexecuted under the Common Seal of the Council of Sutherland Shire, subject to the terms and conditions beingacceptable to the General Manager, in the presence of the Mayor and the General Manager, as such documentationrelates to the business of Council:



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(Councillor Walton / Councillor Pesce)

APPENDIXOutcome of Negotiations for the Acquisition of Part of Council Land at 1 Myuna Place, Port Hacking

Appendix A - 1 & 2 Myuna Place.pdf

(To view the document, double click on icon and select ‘Open’. Select ‘File’ ‘Close’ to return to report.)


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https://sscebp.ssc.nsw.gov.au/ebp/ebp.nsf/580014437413ea0fca2575ef00173f4c/3003735ec280ad37ca257eba00135271/$FILE/Appendix%20A%20-%201%20&%202%20Myuna%20Place.pdf

From: Robyn MavinTo: Lucia CosloviSubject: Ref:2016/244251 (address 26 Little Tirriell Bay Rd, Lilli Pilli)Date: Monday, 12 September 2016 10:43:35 AM

Dear Lucia,I am writing with regard to our phone conversation this morning.As I mentioned I only received this letter 1/9/16 last week, after coming back from vacation.I tried contacting last Thursday to be given explanation regarding this matter as, we were unaware of this issue regarding Myuna Place, which is back of our mothers property

Acting on behalf of my elderly mother, and consultation with family members, we feel the opportunity should be given to landowners to have reclassified from "community land" to "operational land".Actually, this issue should have been addressed long before this.

My elderly mother will be unable to attend, unfortunately nor I due to circumstances and living at Penrith area.I trust, this letter will be accepted as a response to the aforementioned reasons.

Yours SincerelyMrs Robyn Mavin(on behalf of)Mrs Jean Hayes


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From: [email protected]: sscSubject: SSLEP2015Date: Friday, 12 August 2016 11:43:40 AM

File number 2016/244251 SSLEP2015

With the reclassification of Lot 158 DP 7632 entrance to the back track will be impossible. During the 50 years I have been in Kurnell this track has been used to keep trucks & cars off our narrow roads – even the Council used the track to store their machinery when they were working on the roads

Last week I counted 30 cars, 2 caravans & several boats and there are more behind fences – are these all going to be parked on the roads or in front yards? We already have too many cars, trucks, trailers, caravans permanently parked on the road.

Intensification of residential development in Kurnell cannot occur?? Why? Old maps show that back track as Princess Margaret Street but over the years we have been given many different reasons why it wasn’t built – Shepherd St is another street on the maps & never built

Danger from the Refinery – present day storage of petrol is far more dangerous than the oil was.

Drainage – flood prone area. How many of the huge sheds Council has approved , granny flats, and even houses have stormwater drainage or even a gutter?? Water does not just evaporate

Subdivisions must have 50 foot frontages – backyards in these 50ft ghettos are so small there’s no room for a clothesline. With Sydney being so short of land 415ft blocks are just a waste

Yes I will be affected by this closure of the back track - No access for machinery to trim my native trees (23 of them) No storage of boat, cement mixer, scaffolding etc

Margaret Senior


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From: [email protected]: sscSubject: Draft Amendment 6 SSLEP2015Date: Tuesday, 9 August 2016 12:35:33 PM

Rear Lane Running from 11 Dampier Street, Kurnell.

Draft Amendment 6 SSLEP2015

Dear Councillors.

I have been personally using the lane running from Dampier Street for 50 years, and it was probably being used 50 years before that. Some residents have been using it for longer than me.

It was on the original Kurnell survey shown as a proposed road where the lane is at present.

Several Council approved joint occupancies have no other vehicle access, apart from the lane.

Not only would any restriction of access adversely affect the residents, but huge safety problems would be created.

Most residences have several generations living on each block and as the blocks are long but very narrow, most have only rear access for their many vehicles.

These vehicles would otherwise need to be permanently parked on both Prince Charles Parade and Torres Street. Many of these vehicles are used daily.

Most properties have either boats, trailers, caravans or all of these, and whose only access is the lane which would otherwise be parked in the streets and block the streets.

Prince Charles Parade is already chaotic on summer time weekends as it is narrow and passing vehicles have to proceed with extreme caution. If vehicles are parked on both sides, then the road is only one lane wide.

The amount of vehicles that would end up being parked in the street would mean parking on both sides would be needed. The amount of traffic on Prince Charles Parade increases every year.


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During both the recent "Kurnado" and the later ocean storm, access was needed by SES volunteers and cleanup crews, to the rear of these properties.

Fire and ambulance need access to the rear of these properties, which a keyed gate would not give them.

Several residents affected by the Dampier Street parcel have already contacted Council and thankfully have been informed that nothing to restrict their access is intended. We need to be assured that this is true, not only now, but in the future.

Residents are worried with the line in your letter" The reclassification will enable Council to better regulate vehicular access across the land."

I wish to respectfully point out that council is there to represent its residents, and the many affected by any restrictions placed on the use of this lane are overwhelmingly against anything that would in any way impede access.

Thank You

Peter Walker.


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Sutherland Shire Council

Proposed Reclassification of Community Land – Various Parcels

Public Hearing - Report

Tierney Page Kirkland Pty Ltd Leaders in Facilitation

Suite 507, Ashington Court 147 King Street Sydney NSW 2000

Robyn Tierney Tel 1 1300 TPK TPK (875 875) Tel 2 (02) 9045 3306Mobile 0411 604 168E-mail [email protected] www.tpk.com.au

September 2016


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Reclassification of Community Land – Various ParcelsPublic Hearing – Report

September 2016 Tierney Page Kirkland

Table of Contents 1 INTRODUCTION ............................................................................. 1

1.1 REPORT .................................................................................................. 1

2 SETTING THE SCENE ....................................................................... 2

2.1 WELCOME – LUCIA COSLOVI, PROPERTY OFFICER .......................................... 2

2.2 HEARING OBJECTIVES ................................................................................ 2

2.3 LOCATIONS – LANI RICHARDSON, PROPERTY SERVICES MANAGER .................... 2

3 INFORMATION GATHERED FROM PUBLIC HEARING ........................ 3

3.1 9 KINGSWAY, CRONULLA ........................................................................... 3

3.1.1 Assumptions......................................................................................... 3

3.1.2 Concerns .............................................................................................. 3

3.1.3 Questions ............................................................................................. 3

3.2 34R-36R CARAVAN HEAD ROAD, OYSTER BAY ............................................. 4

3.2.1 Assumptions......................................................................................... 4

3.2.2 Concerns .............................................................................................. 4

3.2.3 Questions ............................................................................................. 4

3.3 13R PINNACLE STREET, MIRANDA .............................................................. 5

3.3.1 Assumptions......................................................................................... 5

3.3.2 Concerns .............................................................................................. 5

3.3.3 Questions ............................................................................................. 5

3.4 11 DAMPIER STREET, KURNELL................................................................... 6

3.4.1 Assumptions......................................................................................... 6

3.4.2 Concerns .............................................................................................. 6

3.4.3 Questions ............................................................................................. 6

3.5 PART OF 2R ALEXANDER AVENUE, TAREN POINT ........................................... 7

3.5.1 Assumptions......................................................................................... 7

3.5.2 Concerns .............................................................................................. 7

3.5.3 Questions ............................................................................................. 7

3.6 1 AND 2 MYUNA PLACE, PORT HACKING...................................................... 8

3.6.1 Assumptions......................................................................................... 8

3.6.2 Concerns .............................................................................................. 9

3.6.3 Questions ............................................................................................. 9

4 ACTION PLAN ................................................................................ 10

APPENDICES

Appendix 1 Council’s PowerPoint presentation


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Reclassification of Community Land – Various Parcels Public Hearing – Report

September 2016 Tierney Page Kirkland Page 1

1 Introduction

This report provides a record of the discussions that took place and the information shared at the public hearing, that were held on Wednesday, 28 September 2010, in Council Chambers, Sutherland Shire Council, Eton St, Sutherland.

The hearing was attended by approximately 25 community members. It commenced at 6 35pm and concluded at 8 40pm.

The independent facilitator for the session was Declan Tierney of Tierney Page Kirkland Pty Ltd who brought a clearly defined structure to the process. The mood for the event was non adversarial with everyone in attendance displaying a respectful demeanour at all times. This helped ensure that key issues and concerns were identified and discussed openly.

Tierney Page Kirkland’s role was to manage the workshop process. Declan Tierney facilitated the session, with Maria Tierney providing support and assistance in recording participants’ input verbatim and in real time.

After concise presentations that provided information regarding the current status of the reclassification of the various subject parcels of land, the adopted methodology allowed attendees to:

Spell out their assumptions regarding the proposed reclassifications.

Express concerns; and

Put forward questions.

1.1 Report

The information contained in this report is an accurate record of the input received from those in attendance. No attempt has been made to draw conclusions or infer meaning.


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2 Setting the scene

2.1 Welcome – Lucia Coslovi, Property Officer

Lucia opened proceedings by welcoming participants to the hearing and thanking everyone for taking the necessary time from their busy schedules.

She briefly outlined the rezoning process and rationale underpinning the reasons for initiating the process.

The information presented may be found in Council’s PowerPoint presentation in Appendix 1.

2.2 Hearing objectives

Before launching into any workshop or hearing, it is important that participants agree on its purpose and the input being sought. The objectives were circulated prior to the workshop and these revisited at the commencement of the session.

The objectives for the hearing were:

To update participants on the current status of the proposed reclassifications;

To identify issues and concerns;

To record questions in regard to proposals;

To obtain and record answers to questions, where possible;

To record any suggestions put forward by participants; and

To develop an action plan as necessary.

2.3 Locations – Lani Richardson, Property Services Manager

Lani followed on by providing a brief “memory jogger” regarding the proposal to reclassify the following sites from Community Land to Operation Land:

1. 9 Kingsway, Cronulla; 2. 34R-36R Caravan Head Road, Oyster Bay; 3. 13R Pinnacle Street, Miranda; 4. 11 Dampier Street, Kurnell; 5. Part of 2R Alexander Avenue, Taren Point; and 6. 1 and 2 Myuna Place, Port Hacking.

Please refer to Appendix 1 for the information shared.

After the background to each site was completed, members of the public in attendance were invited to put forward their views and comments. The attendees were encouraged to dictate words that succinctly expressed their points. This information was recorded on a computer displayed on the large TV monitors in the chamber. Confirmation was sought that what had been recorded accurately reflected the intended meaning.


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3 Information gathered from public hearing

The contributors were asked to provide input by listing their assumptions regarding the situation, their concerns, and / or their questions. The results are in the sections that follow.

3.1 9 Kingsway, Cronulla

3.1.1 Assumptions

No items listed under this heading.

3.1.2 Concerns

Concern regarding unknowns in the future; and

Option could be for private owners to purchase this land in the future following rezoning.

3.1.3 Questions

Why not wait until Council has developed a plan for the land before doing the reclassification?


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3.2 34R-36R Caravan Head Road, Oyster Bay

3.2.1 Assumptions


3.2.2 Concerns

Providing additional access to this block has the potential to increase development.

3.2.3 Questions

Do the locals in the area know about the proposal and have their opinions been canvassed?

Council response: Public consultation has taken place and notifications

provided in accordance with DoP practice.


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3.3 13R Pinnacle Street, Miranda

3.3.1 Assumptions

Proposed to relocate this laneway to the east.

Council’s goal is to provide a more convenient walkway for the public.

3.3.2 Concerns

Choosing the best location for the relocated pathway given the development potential in the area.

The current lot ownership and the likely development does not match up with the Development Control Plan (DCP).

How the developers are currently amalgamating plots and how this may affect the location of the laneway.

3.3.3 Questions

If the amalgamation does not go as per the preferred Council plans will the laneway be increased in size?


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3.4 11 Dampier Street, Kurnell

3.4.1 Assumptions

Original plan for a road on this block of land has been abandoned.

The land could be sold off if it were reclassified.

If the land is designated community it cannot be sold.

Blocking the laneway would deprive residents of access to their properties during major storm events and will be a safety hazard.

Recent storm events have seen properties in that area being inundated.

It would be reasonable to expect a storm event to require Prince Charles Parade to be reconstructed to cater for a 1 in a 100 year flood event.

Torres St was rebuilt higher than the blocks fronting the street which causes flooding to the lower blocks.

On the other side of 12 Dampier street is the same situation.

The situation in 11 Dampier St is mirrored throughout Kurnell in a line parallel to Prince Charles parade, where it intersects with perpendicular roads, so why is it that only this piece of land is for rezoning.

Council’s intention in relation to restrictions on this land is to control antisocial behaviour.

The original complaints in relation to inappropriate use of this block was to do with parking of heavy vehicles and their engines idling.

Although the Local Environment Plan (LEP) does not permit subdivision in this area, the residents would be prepared to give up land voluntarily in order to create a road either formally or informally.

3.4.2 Concerns

This land could be used to alleviate drainage issues in the area.

The existing flood plan shows drainage relief through that laneway.

Council is manoeuvring to block this lane so that it can be sold off, or to block access to the rear lane.

3.4.3 Questions

If Council can restrict access following reclassification would residents’ use of the laneway be restricted?

What is the difference between on community and operational land in relation to public liability?

Council response: No difference.

Can operational land be reclassified back to community land?

Can this piece of land be retained as community land?


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3.5 Part of 2R Alexander Avenue, Taren Point

3.5.1 Assumptions

The reclassification is to facilitate private development.

A viable alternative is available by seeking modification of the condition requiring a 3.65m driveway to a 3m driveway on 98 Woodland Rd.

There are other options in relation to this block of land that could be explored.

This land is flood prone and this was given more weight in the report to Council, dated 17 March 2014 and this has been restated in the documents circulated prior to this hearing.

The fact that this land was stated to be flood prone was in fact an error and was changed in the 2015 LEP.

Council does not favour long driveways to access rear blocks and the sale of the land would alleviate that issue.

Should Council wish to put a footpath in Smith St, this could be achieved through the existing footpath reserve.

The master plan shows this as a turfed area and not pedestrian access.

The owner of number 98 Woodlands Rd proposes to turf either side of the driveway and for that to be maintained by the owner, including keeping the area free of rubbish

The owner of 1 Smith Street would be provided access to the area at any time via right of carriageway.

The parcel of land tends to be used as dumping area needing regular clean up by Council

The proposed driveway is not in front of 1 Smith St, it is at the rear some 30 metres from the house.

The existing brick wall will provide noise amelioration and there will be limited traffic anyway.

There is an approved Development Application (DA) for the rear of 98 Woodlands Rd, on the eastern boundary and the development finishes in alignment with the existing house so blocking of views will not happen.

The proposed reclassification, if approved, would have a material impact on the value and views of 1 Smith St.

3.5.2 Concerns

Should this land not also be offered for purchase to the other adjoining properties, i.e. it should be sold on a competitive basis.

The reclassification of this land would mean the loss of valuable public land, which is in conflict with the adopted plan of management for Shorebird Reserve.

3.5.3 Questions

The area has been master planned, so why is it appropriate to sell off a portion to create a private driveway?


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3.6 1 and 2 Myuna Place, Port Hacking

The residents of Myuna Place presented a document to Council outlying their points of view and objections in detail. The document was titled ‘Myuna Place Residents Summary Objection’ and was dated 28 September 2016. They also articulated the following points, which were recorded at the time:

3.6.1 Assumptions

A sale price has already been negotiated with the land owner of 24 Little Turriell Bay Rd in Sept15 and a document of sale has been prepared subject to reclassification, without any public consultation.

There are only 6 driveways in Myuna Place and the residents are united. If this community land were rezoned it would potentially provide access to an addition 6 driveways, doubling traffic in the street.

This reclassification would permit a second access to properties in Little Turriell Bay Rd and would facilitate second driveways and access points for second dwellings into a narrow street.

There is no footpath in Myuna Place and the reclassification would create safety issues.

There are currently two accesses that people in Little Turriell Bay Rd use and one across the community land from Turriell Point Road into Myuna Place from the corner.

Only one informal access in Myuna is used and that use is irregular.

Access is required to Myuna Place from the granny flat at the rear of 24 Little Turriell Bay Road.

The application for a driveway was submitted to provide safe access for a camper and a “tinny” rather than parking them on a public road.

Parking on the grass is prohibited by Council - people leaving the swimming pool do so illegally.

Council confirmed that the land was dedicated as public reserve when the subdivision was created in the 1970s and it appears to have been created to prevent double road frontages and access from allotments on Little Turriell Bay Road.

Council’s civil asset department agreed with this statement (previous point) due to the narrow width, steep gradient and ground level differentiation between curb and adjoining back yards of the Little Turriell Bay Road properties.

The concerns of the residents are not about a single driveway, it is about rezoning of the entire strip from the top of Myuna to the bottom along the western side that would give the opportunity for second dwellings and driveways to those properties.

Before the notification of this proposal was provided to the residents of Myuna Place or the notification in the Leader on 20 July 16, Council issued a letter to the residents in Little Turriell Bay Road dated the 13 July 16, notifying them of proposed reclassification and stating the reclassification would allow the land to be sold to facilitate secondary access to properties from Myuna Place.

Currently there are only two properties on Little Turriell Bay Road that do not have access to Myuna Place.

There is a lapsed development approval approving a development with access to Myuna place from 30 Little Turriell Bay Road.


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The current DA before Council, proposes a driveway at the narrowest and steepest point in Myuna Place.

There are several precedents within the Council area, where dual access has been provided from streets that are narrower and steeper than Myuna Place.

Based on the evidence provided in relation to other local streets, Council’s planning department and the Councillors saw some merit in the DA based on a comparison to other streets.

Council has made no decision in relation to how this land will be dealt with should the reclassification proceed.

The residents in Myuna Place were disadvantaged because the consultation process started late.

A legal opinion has been received by the Myuna Place residents indicating two breaches - to Section 45.1 and Section 55.2 of The EPA Act in that it did not demonstrate and provide sufficient assessment and review of the rezoning.

The Council statement that the reclassification would result in no significant social or economic effects, is difficult to understand.

The Council statement that the proposed rezoning from community to operational land would have no strategic impact is also difficult to understand.

3.6.2 Concerns


3.6.3 Questions



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4 Action plan

The final task undertaken in bringing the hearing to a conclusion was to list actions that need to be pursued.

Just one item as identified as shown below:

No Action Who By When

1 Prepare and submit the draft report from tonight’s hearing.

Declan Tierney 7 Oct 2016


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September 2016 Tierney Page Kirkland

Appendix 1

Council’s PowerPoint presentation


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Proposed Reclassification of Community Land

Public Hearing 6.30pm 28 September 2016


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WELCOME• Introductions

o Lucia Beasley – Property Officer, Property Services

o Declan Tierney – Independent Facilitator, Tierney Page Kirkland

o Lani Richardson – Manager, Property Serviceso Manjeet Grewal – Director, Shire Serviceso Peter Barber – Director, Shire Planningo Margaret Paige – Acting Manager, Strategic

Planning

• Fire evacuation & amenities• Agenda overview• Aims by the end of the night


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WORKSHOP METHODOLOGY• DECLAN


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Reclassification – what is it?

• The process for Councils to convert Community Land to Operational Land.

• It involves :o Obtaining Council permission to

reclassifyo Undertaking Community

consultationo Seeking approval by the Department

of Planning & Environment at a state level.


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9 Kingsway, Cronulla

• Land locked parcel of land created when the block was subdivided in 1983.

• Can be used and accessed by adjoining owners only and therefore has no community or public use.

• Reclassification will provide greater flexibility in potential future dealings with the land.


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34R-36R Caravan Head Road, Oyster Bay• 50cm wide development control

strip

• Adjoining neighbour has requested to purchase to obtain dual access

• Provides no community benefit and is surplus to Council requirements


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13R Pinnacle Street, Miranda• 225m2 drainage reserve

• Sutherland Shire Development Control Plan 2015 proposes to relocate and enhance the pathway to the East.

• Reclassification is needed to enable this to occur


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11 Dampier Street, Kurnell• 624m2 lot originally purchased in

the 1960s to create a public road. Project has since been abandoned

• Provides informal vehicle access to properties fronting Prince Charles Pde

• Reclassification will provide greater flexibility in future management of the land

• Council has no current plans to change they way it is used


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Part of 2R Alexander Avenue, Taren Point

• 3.65m wide access way to provide rear access to 98 Woodlands Road

• Would allow subdivision of block

• Is a deferred Development Consent

• Would formalise current use


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1 and 2 Myuna Place, Port Hacking

• Development Control strips either side of road

• Would enable dual access for properties fronting Little Turriell Bay and Turriell Point Roads

• Currently some informal use and request for formal use


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NEXT STEPS• Report is prepared by TPK on the Public Hearing

• Report is prepared by Strategic Planning on submissions from the Exhibition Period

• Report submitted to Council for Council to consider the submissions made and the report of the public hearing

• The Minister (or delegate) determines whether to make the LEP amendment


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MO

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MOT015-17 NEIGHBOUR NOTIFICATION PROCESS

Pursuant to Notice, Councillor Steinwall submitted the following Motion:

THAT:

1. A Councillor Briefing be held to explore ways to improve the neighbour notification process for

Development Applications, as set out in Chapter 41 of Council's draft Development Control

Plan 2015.

2. The Councillor Briefing includes, but not is restricted to, an examination of:

• Who is notified and the chosen area for notification;

• The timing of the notification; and

• The re notification process, following S96 modifications.

3. Following the Councillor Briefing, Council officers prepare a report to the Shire Planning

Committee outlining options for improving the notification provisions in Chapter 41 of draft

Development Control Plan 2015 for Council's consideration.



CONFIDENTIAL REPORTS OF THE SHIRE INFRASTRUCTURE COMMITTEE HELD ON 7 NOVEMBER 2016

In accordance with Section 10A(1) of Local Government Act 1993, the following matters will be

considered in the Closed Session:

INF001A-17 T641/16 SYLVANIA WATERS ATHLETICS TRACK RESURFACING Section 10A(2)(d)(i) Commercial Information of a Confidential Nature:

This matter is being considered in Closed session as it relates to commercial information the

disclosure of which would be likely to prejudice the commercial position of the person, company or

tenderer who supplied it. On balance, the public interest in preserving the confidentiality of information

provided by persons, companies or tenderers outweighs the public interest in maintaining openness

and transparency in council decision-making because the disclosure of this information could reveal

information that is commercial in confidence and the release of which could damage the commercial

position of the person, company or tenderer who supplied it.

INF002A-17 MINUTES OF THE COMMERCIAL PROPERTY PROJECTS STEERING COMMITTEE HELD ON 30 MAY 2016

Section 10A(2)(d)(ii) Commercial Information of a Confidential Nature:


disclosure of which would be likely to confer a commercial advantage on a competitor of the council.

On balance, the public interest in preserving the confidentiality of information relating to council’s

commercial activities outweighs the public interest in maintaining openness and transparency in

council decision-making because the disclosure of this information could allow competitors to council’s

commercial activities to gain a commercial advantage.

INF003A-17 T545/15 SCYLLA BAY OVAL - DEMOLITION OF EXISTING AMENITIES AND CLUBHOUSE & CONSTRUCTION OF NEW AMENITIES AND CLUBHOUSE

Section 10A(2)(d)(i) Commercial Information of a Confidential Nature:


disclosure of which would be likely to prejudice the commercial position of the person, company or

tenderer who supplied it. On balance, the public interest in preserving the confidentiality of information

provided by persons, companies or tenderers outweighs the public interest in maintaining openness

and transparency in council decision-making because the disclosure of this information could reveal

information that is commercial in confidence and the release of which could damage the commercial

position of the person, company or tenderer who supplied it.


CONFIDENTIAL REPORTS FROM OFFICERS

In accordance with Section 10A(1) of Local Government Act 1993, the following matter will be

considered in the Closed Session:

COR006A-17 1 MYUNA PLACE, PORT HACKING - DRIVEWAY FOR 108 TURRIELL POINT ROAD

Section 10A(2)(g) Advice Concerning Litigation, or Advice that would Otherwise be Privileged from Production in Legal Proceedings on the Grounds of Legal Professional Privilege. This matter is being considered in Closed session as it relates to the receipt and consideration of legal

advice concerning litigation; or which would otherwise be privileged from production in legal

proceedings on the ground of legal professional privilege. On balance, the public interest in

preserving the confidentiality of information relating to legal privileged information outweighs the public

interest in maintaining openness and transparency in council decision-making because the disclosure

of this information may result in council waiving its right to claim legal professional privilege in any

relevant legal action which may lead to loss or damage by council.

Business Paper - Sutherland Shire · 2016. 11. 17. · Road, Cronulla (refer to aerial photograph...

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