Business Paper - Development Committee 20 January 2009SHOALHAVEN
CITY COUNCIL
D E V E L O P M E N T C O M M I T T E E
To be held on Tuesday, 20th January, 2009 Commencing at the
conclusion of the Ordinary Council meeting.
14th January, 2009 Councillors,
NOTICE OF MEETING You are hereby requested to attend a meeting of
the Development Committee of the Council of the City of Shoalhaven,
to be held in Committee Rooms 1, 2 and 3, City Administrative
Centre, Bridge Road, Nowra on Tuesday, 20th January, 2009
commencing at the conclusion of the Ordinary Council meeting for
consideration of the following business. J Gould Acting General
Manager Membership (Quorum – A majority of members) Clr Ward –
Chairperson Clr Young Clr Findley Clr Bennett Clr Fergusson Clr
Brumerskyj Available Councillors
BUSINESS OF MEETING 1. Apologies 2. REPORT OF THE GENERAL MANAGER
Development & Environmental Services Note: The attention of
Councillors is drawn to the resolution MIN08.907 which
states:
a) That in any circumstances where a DA is called-in by Council for
determination, then
as a matter of policy, Council include its reasons for doing so in
the resolution. b) That Council adopt as policy, that Councillor
voting in Development Committee
meeting be recorded in the minutes. c) That Council adopt as policy
that it will record the reasons for decisions involving
applications for significant variations to Council policies, DCP’s
or other development standards, whether the decision is either
approval of the variation or refusal.
Note: The attention of Councillors is drawn to Section 451 of the
Local Government Act and Regulations and Code of Conduct regarding
the requirements to declare pecuniary and non- pecuniary Interest
in matters before Council.
Cell Phones: Council’s Code of Meeting Practice states that “All
cell phones are to be turned off for the duration of the meeting”.
LOCAL GOVERNMENT ACT 1993 Chapter 3 Section 8(1) - The Council’s
Charter
(1) The council has the following charter:
• to provide directly or on behalf of other levels of government,
after due consultation, adequate, equitable and appropriate
services and facilities for the community and to ensure that those
services and facilities are managed efficiently and
effectively
• to exercise community leadership
• to exercise its functions in a manner that is consistent with and
actively promotes the principles of multiculturalism
• to promote and to provide and plan for the needs of
children
• to properly manage, develop, protect, restore, enhance and
conserve the environment of the area for which it is responsible,
in a manner that is consistent with and promotes the principles of
ecologically sustainable development
• to have regard to the long term and cumulative effects of its
decisions
• to bear in mind that it is the custodian and trustee of public
assets and to effectively account for and manage the assets for
which it is responsible
• to facilitate the involvement of councillors, members of the
public, users of facilities and services and council staff in the
development, improvement and co-ordination of local
government
• to raise funds for local purposes by the fair imposition of
rates, charges and fees, by income earned from investments and,
when appropriate, by borrowings and grants
• to keep the local community and the State government (and through
it, the wider community) informed about its activities
• to ensure that, in the exercise of its regulatory functions, it
acts consistently and without bias, particularly where an activity
of the council is affected
• to be a responsible employer.
Development Committee - 20 January 2009 Report - General Manager -
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REPORT OF GENERAL MANAGER
TUESDAY, 20 JANUARY 2009 DEVELOPMENT AND ENVIRONMENTAL SERVICES 1.
Development Application for a Subdivision and the construction of a
Tourism
Development comprising Six Tourist Cabins, Conference/Common Hall
and a Manager's Residence - Lot 1 DP 1031764, 407D Bendeela Road,
Kangaroo Valley. Applicant and Owner: Toni and Robert Moran. File
DA07/2540 PURPOSE OF THE REPORT: A development application for the
establishment of a “Tourism Development” on the subject land was
lodged with Council on the 17 September 2007. This application is
being reported to Council due to the need for transparency in the
assessment and determination process of the proposal by Council as
the property is part owned by a member of Council’s Development and
Environmental Services staff. The proposed development has also
generated considerable interest from the residents of the nearby
area of Kangaroo Valley. DETAILS/ISSUE: Background Records indicate
that the Metropolitan Water Sewerage and Drainage Board used the
subject land as a temporary camp site in the past. More recently, a
rural dwelling was approved in October 2002 under DA02/3042 and is
currently occupied by the applicant. It is understood that the
owners of the subject land (the applicant) intend to live on the
tourism development allotment in the manager’s residence to manage
the development, including booking, reception and cleaning, and in
order to undertake the maintenance of the asset protection zones,
bushfire hazard reduction works as required, roads, effluent
disposal fields and equipment. The proposed development would
require the construction of effluent disposal areas, an access
road, parking facilities, carports and an associated asset
protection zone. From aerial photographs and the submitted concept
plans, it appears that areas of native vegetation would need to be
cleared. Based on the submitted information, a Property Vegetation
Plan (PVP)/development consent is likely to be required for the
clearing of native vegetation to establish the proposed tourist
facility. In this regard, the proponent has been advised to contact
the
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Southern Rivers Catchment Management Authority (SRCMA)y to request
a PVP or make an application for development approval under the
Native Vegetation Act 2003 (NVA). The Subject Site The subject land
is located on the southern side of Bendeela Road at Kangaroo
Valley, and east of the Bendeela Pondage. The site has an area of
48.2 hectares, accommodates one rural dwelling house and is largely
forested with two types of vegetation communities, including a
Scribbly Gum/Bloodwood forest community. The site is bisected by an
unnamed creek, resulting in a gorge area at the southern portion of
the subject land, which is characterised by rainforest vegetation
and low cliffs and rocky outcrops. The northern portion of the site
is affected by a high voltage transmission line easement
originating at the adjacent Hydro Power Station to the west. The
adjoining lands to the east and south of the subject site have been
cleared for grazing purposes. The subject site is also subject to a
number of physical constraints, including: • The subject land is
mapped as being bushfire prone and having Category 1
vegetation;
The topographic map indicates the creek bisecting the property as a
permanent water course. This creek provides slopes greater than 18
degrees in the vicinity of the southern boundary of the subject
property.
• Vegetation assessment indicates Yellow-bellied Glider habitat on
the subject land
and a number of large hollow bearing trees within the development
site; and • The habitat on the subject property is suitable for the
Leafless Tongue Orchid,
Cryptostylis hunteriana.
# Locality Map is provided as Attachment ‘A’. # Subject Site plan
is provided as Attachment ‘B’.
The Proposal The application seeks Council approval for a tourism
development comprising six tourist cabins, a common hall and a
manager’s residence to be located on an a new allotment created
under Clause 11(3) of the Shoalhaven Local Environmental Plan 1985
(SLEP 1985). Subsequent to the registration of the two lot Torrens
Title subdivision, it is further proposed to subdivide the tourism
development under the Community Land Development Act 1989, although
this current application does not involve a community title
subdivision. The development is proposed to be constructed in
stages to permit the release of individual allotments in order to
finance the construction of subsequently staged components of the
development. It is proposed to commence the construction of the
manager’s residence and two cabins and to register the two-lot
torrens subdivision so
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that the residue allotment containing the existing dwelling house
can be sold to finance the construction of the balance of the
development. The stages proposed for the development comprise seven
(7) stages as follows: Stage I: Construction of the tourist cabins
located at Sites 8, 7 and 6 (i.e. three cabins)
and associated access road to those cabins at the northern end of
the development site. One of the cabins is to be used as the
interim (temporary) manager’s residence;
Stage II: Release of torrens title subdivision and the separate
lodgement of a
community title subdivision of the above-mentioned three cabins,
and community lot, with a development lot comprising the
undeveloped elements of the proposal.
Note: It should be noted that a community title subdivision is not
part of this development application. However, it is understood
that the applicant intends to submit a future community title
application.
Stage III: Construction and completion of the manager’s residence
located at Site 1 and
completion of the remainder of access road. Interim (temporary)
manager’s residence reverts to a tourist cabin.
Stage IV: Construction of the community hall located at Site No. 2.
Stage V: Construction and completion of the tourist cabin located
at Site 3. Stage VI: Construction and completion of the tourist
cabin located at Site 4. Stage VII: Construction and completion of
the tourist cabin located at Site 5.
# Proposed development plan is provided as Attachment ‘C’.
ECONOMIC, SOCIAL AND ENVIRONMENTAL (ESD) CONSIDERATION: Statutory
Considerations and Policy Framework The following list of
Environmental Planning Instruments (which include SEPPs, REPs and
LEPs), DCP, Codes and Policies are relevant to this application, in
respect to the matter of landuse and are discussed individually
below: • Environmental Protection and Biodiversity Conservation Act
1999; • Environmental Planning and Assessment Act 1979 (Section
5A); • Native Vegetation Act 2003; • Threatened Species
Conservation Act 1995 (as required under S5A EP&A Act 1979); •
Rural Fires Act 1997; • Illawarra Regional Environmental Plan No. 1
(IREP No.1); • Drinking Water Catchment Regional Environmental
Plan; • Shoalhaven Local Environmental Plan 1985 (as amended); •
Development Control Plan 18 - Car Parking Code;
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• Development Control Plan 63 - Tourist Development in Rural Areas;
• Development Control Plan 78 - On-site Sewerage Management; •
Development Control Plan 93 - Site Waste Minimisation and
Management; • Development Control Plan 100 - Subdivision Code; •
Shoalhaven City Accessibility Guidelines Policy; • S.C.C. S94
Contributions Plan 1993. Section 79C Assessment Report (EP&A
Act 1979) An assessment of the application against the key Matters
for Consideration under Section 79C(1) of the Environmental
Planning and Assessment Act 1979 is provided below: a) Any planning
instrument, draft instrument, DCPs and regulations that apply
to
the land • Environmental Protection and Biodiversity Conservation
(EPBC) Act 1999
Following consideration of the administrative guidelines for
determining significance under the Commonwealth EPBC Act 1999, the
revised flora & fauna assessment associated with this
development application concluded that the proposed development is
unlikely to have a significant impact on matters of national
environmental significance or commonwealth land and that referral
to the Environment Minister is not necessary. Council assessment
concurs with this position.
• Environmental Planning and Assessment Act 1979
The land is vegetated and disturbance would occur due to the
proposed development. Therefore, in accordance with S5A of the
EP&A Act 1979, a flora and fauna assessment has been made to
determine the impact of the proposal on threatened species,
populations and their habitats or on endangered ecological
communities. A full version of the assessment is contained within
the Revised Flora and Fauna Assessment prepared by
bushfire+environmental Services (BES), which was submitted in
support of the application. The BES flora and fauna assessment
concludes that there would be no significant impact as a result of
the proposed development. The Yellow-bellied Glider habitat is able
to be retained on the subject site with a buffer and without
disturbance, as are many of the larger hollow bearing trees found
within the tourist cabin construction area.
• Native Vegetation Act 2003
The Native Vegetation Act 2003 (NVA) requires approval for the
clearing of remnant native vegetation or protected regrowth from
the SRCMA. In the Shoalhaven City Council area, this requirement
generally applies to land that is zoned Rural (Zone 1), Special Use
(Zone 5), Open Space (Zone 6), Environment Protection (Zone 7) and
Natural Hazards (Zone 9). Where development consent relates to land
in such a zone, the applicant may need to obtain further separate
approval from the SRCMA for the clearing of remnant native
vegetation or “protected” regrowth.
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This development application has been assessed in accordance with
the EP&A Act, 1979. The determination of this development
application has not involved any assessment of the proposed
development in regard to the NVA.
It is the applicant’s responsibility to consult the SRCMA to
determine the need or otherwise for their approval under the NVA.
The proponent has been advised to contact the SRCMA in this
regard.
• Threatened Species Conservation Act 1995
Following the application of the assessment of significance as
required under Section 5A of the EP&A Act 1979 (mentioned
above), the BES Flora and Fauna Assessment goes on to conclude that
the proposal is unlikely to have a significant affect on threatened
species, populations, ecological communities or their habitats. A
Species Impact Statement is, therefore, not required for this
proposal. Further, the study area does not contain any core Koala
habitat pursuant to the NSW State Environmental Planning Policy No.
44 - Koala Habitat Protection and no endangered populations or
endangered ecological communities occur within the area studied. A
number of strategies, designed to minimise any potential adverse
impacts of the development on the flora and fauna within the study
area in general and to minimise the effects on threatened species
and their habitats, have been recommended for implementation in the
event of approval. Such strategies would be incorporated into the
development consent by way of suitable conditions. According to
BES, the adverse effects of the proposed development on threatened
fauna species are considered to negligible.
• Rural Fires Act 1997
The subject land is shown as being bush fire prone land. Under
S100B of the Rural Fires Act 1997, authorisation from the NSW Rural
Fire Service (RFS) is required in respect of bushfire safety of
subdivision of land that could be used for residential or rural
residential purposes or development of land for “special fire
protection purposes”. The application has been referred to the RFS
for comment. The applicant has submitted a bushfire protection
assessment prepared by BES showing all the asset protection zones
within the tourist lot. The RFS advised that the access road
servicing the development would need to be constructed and
maintained to comply with the requirements of Planning for Bushfire
Protection (PfBP) 2006. The development must provide for
non-combustible materials to be used in the buildings, including
external claddings, colourbond roofing, aluminium windows and
concrete slab-on-ground construction. The construction for the
tourist cabins would be required to meet Level 1 construction
standards in accordance with AS3959. Construction of the games
room/activity hall and manager’s residence would need to comply
with Australian Standard AS3959- 1999 “Construction of Buildings in
Bush Fire-prone Areas” Level 3.
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The applicant should be required to implement a Bushfire Emergency
Evacuation Management Plan, including the provision of an emergency
evacuation route accessing Old Bendeela Road south of the
development. Such an emergency evacuation route needs to be
constructed in accordance with Section 4.2.7 of PfBP 2006
requirements and to the satisfaction of the Rural Fire Service. It
should also require the sealing of any grades greater than
15%.
• Public Roads
In the event of a bushfire emergency, the public roads servicing
the subject land (Bendeela Road and Old Bendeela Road) have the
capacity to accommodate the increased traffic volumes associated
with the development. Subject to conditions imposed by the RFS, the
proposed development would not have a significant adverse effect on
the implementation of any strategies for bush fire hazard reduction
or risk management adopted by the Council.
• Illawarra Regional Environmental Plan No.1
The Illawarra Regional Environmental Plan No. 1 (IREP No.1) applies
to the subject land. A series of maps attached to IREP No.1
indicates where specific policy issues apply. In this regard, the
following assessment is made in regard to the Rural Land objectives
of the IREP No.1. The subject land:
is not located within a wildlife corridor, nor is the land shown as
being located
within a nominated wildlife corridor;
does not contain vegetation consistent with remnant
rainforest;
there is no extractive resources on the site;
given that appropriate environmental protection measures, as
required by the relevant Government authorities and the Council,
would be implemented in the development of the tourist facility, it
is considered that development of rural lands having regard to
bushfire risks, salinisation, soil degradation, erosion and weed
infestation would be effectively managed;
the proposed development would allow for the appropriate
development of this
relatively small rural holding;
the proposal is unlikely to lead to any increase in the demand for
State Government services;
given that the subject land is not located within close proximity
of the Kangaroo
Valley village boundary, this proposal is unlikely to compromise
any future urban expansion of the Kangaroo Valley village
area;
the closest cabin site is located approximately 600 metres south of
Bendeela
Road. Given the landscaping required to be implemented, the scenic
attributes of the rural area would not be significantly affected by
this proposal; and
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the proposed tourist development is not of an offensive or
hazardous nature that would require siting away from urban areas,
although the subject site is suitable for eco tourism given the
setting and physical attributes of the land.
• Illawarra Region Landscape and Environmental Study
The Illawarra Region Landscape and Environmental Study (IRLES) was
published by the Department of Environment and Planning in August
1981. The IRLES supports IREP No. 1 and provides some
recommendations in terms of this site. Under the IRLES, the subject
land is identified as land with landscape or environmental
attributes. The environmental attributes indicate that the site has
a vegetation canopy but that it is not botanically significant.
Further, the site does not enjoy high environmental scenic quality
attributes, being ranked as III medium, with lower portion of the
site ranked as low – II. The proposed development either satisfies
or does not compromise the implementation of the relevant
objectives of the IREP No. 1.
• Drinking Water Catchments Regional Environmental Plan No. 1 The
subject site is located within the area covered by the Drinking
Water Catchment Regional Environmental Plan No.1, which requires
that a basic Water Cycle Management Study must be carried out to
assess the affect of the development on the receiving waters which
form part of the catchment controlled by the Sydney Catchment
Authority (SCA). The site must be capable of having a sustainable
effluent disposal system, with assessment based on the guidelines
in “On-site Sewage Management for Single Households” produced by
the Department of Local Government and others. The applicant
submitted a Geotechnical Assessment by Southern Geotechnics Pty Ltd
with the application. In its summary, Southern Geotechnics Pty Ltd
states that it has “considered the site constraints to effluent
disposal in accordance with the guidelines in On-Site Sewage
Management for Single Households and has provided recommendations
for effluent treatment, siting and size of the disposal areas such
that the proposed development should have a neutral or beneficial
impact on the receiving waters in the catchment area”. Geotechnical
Assessment was referred to the SCA on the 29 October 2007. The
applicant subsequently submitted a Water Cycle Management Study
prepared by SEEC Morse McVey and dated 29 April 2008, including
MUSIC modelling, on the 5 May 2008. The Water Cycle Management
Study was referred to the SCA on the 9 May 2008.
• Sydney Catchment Authority
On reviewing both the Geotechnical Assessment and the Water Cycle
Management Study, the SCA advised that: “the Chief Executive would
concur with Council granting consent to the application, subject to
the certain conditions being imposed on the development. In the
event of
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approval, such conditions of the Sydney Catchment Authority Chief
Executive would be imposed on the development”.
• Shoalhaven Local Environmental Plan 1985
Aims of SLEP 1985 The proposed development SATISFIES the aims of
SLEP 1985. The proposed development SATISFIES the relevant
objectives of SLEP 1985.
Zoning The subject land is zoned No. 1(d) (Rural “D” (General
Rural) Zone). The objectives of the Zone No 1(d) (General Rural)
are:
(a) to provide opportunities for a range of rural land uses and
other development,
including those which by virtue of their character require siting
away from urban areas;
The proposed development is not of such a nature that it would
require siting away from urban areas. However, the proposal does
take best advantage of the natural attributes of the land and,
provided it is carried out sensitively and in accordance with
relevant requirements, can be developed without resulting in any
adverse or on-going detrimental environmental impacts.
(b) to recognise the potential for high intensity bush fire over
wide areas of the zone
and to ensure that development does not lead to significant risks
to life or property from bush fire or to the implementation of bush
fire mitigation measures which will have a significant
environmental impact; and
The site is bushfire prone and the existing rural dwelling house
was constructed to Level 1 standard under AS3959 and is provided
with an adequate Asset Protection Zone. The proposed Eco-tourism
development is a Special Fire Protection Purpose that required a
higher level of protection under PfBP 2006. The application states
that the proposed development has been designed to provide refuge
and defendable space for the eco-tourism cabins which would meet
the “deemed-to-satisfy” provisions of the PfBP. The on-going
management of the community allotment (future DA) would be
undertaken where required to provide hazard reduction and asset
protection zone (APZ) maintenance rather than being dependant on
individual tourist cabin owners.
(c) to ensure that wherever possible the location, design and
management of
development is consistent with:
(i) the protection of important natural and cultural
environments;
The proposal would not impinge on any important natural or cultural
environment to be found in the locality.
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(ii) the conservation of renewable natural resources such as
forests and prime crop and pasture land;
The proposal would not have any impact on forestry resources or
prime crop and pasture land.
(iii) the maintenance of opportunities for economic development of
important
extractive resources;
There are no extractive resources on the site that are likely to be
impacted upon by the proposed development.
(iv) minimising conflict between land uses; and
The adjoining land to the east is used for grazing. It is not
likely that there would be any conflict with the proposed tourist
use of the subject land. Rural ambience is part of the nature of
the proposed development and it is what tourists to Kangaroo Valley
seek.
(v) any plans for public infrastructure provision or
management.
There are no known plans for additional public infrastructure
provision or management that may impact on this locality or the
subject land.
The proposed development satisfies the 1(d) rural zone objectives.
It may be noted that both the proposed tourist facilities and the
proposed subdivision are uses that are permissible within the 1(d)
zone with the consent of Council.
Subdivision of Land The proposed subdivision is permissible in
accordance with Clause 11(3) and 11(3A) of SLEP 1985. The
subdivision of land zoned Rural and Environmental Protection is
applicable to this proposal which includes a two-lot subdivision
under Clauses 11(3) and 11(3A). Should the application be
determined by way of approval, the Subdivisions Planner has
recommended that the certain conditions should be included in the
development consent.
Dwelling House The proposed manager’s residence would be located on
an allotment created under Clause 11(3) for the purposes of a
tourist facility and there would be no other dwelling for permanent
occupation on the created new lot. The manager’s residence would be
permissible pursuant to Cl 14 (2A) of SLEP 1985 and would be
integral to and essential for the proper and efficient operation of
the tourist facility. Protection of Streams A permanent water
course, identified on the topographic map, traverses the site from
north to south. All development on the subject land is proposed to
be located in excess of 40 metres from the bank of the stream. This
is designed to provide for a
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core riparian zone and associated buffer, along with effluent
disposal buffers and APZs. The application is supported by a
Geotechnical Assessment and a Water Cycle Management Study that
makes recommendations regarding the treatment and disposal of the
on-site effluent. It would also be recommended that Soil and Water
Management Plan measures be implemented on the site prior to
construction works commencing. Given these circumstances, it is
considered that the proposal would not be contrary to the
underlying objectives of this clause.
Steep Lands Whilst there are areas of the subject land that have
slopes in excess of 20% (i.e. 11.3 degrees), there are no proposals
to develop or utilise land of that slope, other than for walking
trails adjacent to the creek if they can be formalised and the
provision of emergency fire evacuation. All APZs are located on
land with slopes less than 10 degrees. Soil, Water and Effluent
Management The Assessment and Management Study confirm that
effluent disposal is capable of being undertaken on the subject
land in a manner that would not adversely affect or impact on the
local watercourses. The Geotechnical Assessment and the Water Cycle
Management Study were both referred to Council’s Environmental
Health Officer and to the SCA and any requirements in this regard
would be imposed on the development. Soil and water management
measures, such as the use of filter fences and straw bale bunding,
would need to be installed around the downhill perimeter of the
construction site to ensure that sediment from the construction
area would not enter local watercourses. Danger of Bush Fire
Subject to conditions imposed by the RFS, the proposed development
would not have an adverse effect on the implementation of any
strategies for bush fire hazard reduction or risk management
adopted by the Council, nor would the proposal result in a
significant decrease in the ability of the emergency services to
effectively control major bush fires. Notification of Certain
Development This development application has been advertised on
four separate occasions in accordance with Council’s Community
Consultations Policy. Scenic Preservation Area The subject land is
shown hatched on the SLEP 1985 zoning map and is subject to the
provisions of Clause 41 in relation to scenic preservation areas.
Clearing of vegetation under this clause requires development
consent.
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The tourist facility development is located with a scenic
preservation area. In the event of approval, to maintain the rural
amenity of the area in this regard, exterior materials (excluding
windows and other glazing) of the tourist facility development
should be required to be non-reflective and of a texture and colour
which blend with the existing rural surroundings. It is noted that
land adjoining the subject property has been extensively cleared
for agricultural and grazing purposes. Whilst the visual amenity of
the immediate locality has already been significantly affected by
past clearing of a number of adjoining and surrounding properties,
the use of appropriate external materials and colour on the
buildings, together with relevant landscaping measures, would
mitigate the visual impact that would be caused by this
development.
• Development Control Plan 18 - Car Parking Code
In the event of approval, adequate on-site parking would be
provided with the proposed development. Car parking comprises a
minimum of 14 constructed on-site car spaces (i.e. 2 spaces per
cabin and 2 spaces for the manager’s residence). Such car parking
spaces would be constructed to an all-weather gravel standard and
be designed and signposted in accordance with the Car Parking Code.
It is noted that sufficient space is available adjacent to each
tourist cabin to accommodate two car parking spaces.
• Development Control Plan 63 - Tourist Development in Rural
Areas
Aims and Objectives The proposed development satisfies the aims and
objectives of DCPlan 63 - Tourist Development in Rural Areas.
Cumulative Impact and Ecologically Sustainable Development The
traffic volumes that are likely to be generated from the proposed
development would be within the capacity of the local road network.
The effluent that would be generated by the proposal would be
treated on the subject site to ensure a neutral impact on water
quality. The adverse impacts on the local threatened species would
be negligible. Encourage Tourist Facilities with a Range of
Supporting Infrastructure The proposed development provides the
opportunity for educational and recreational experiences. The
community hall/activity building would be made available for
additional on-site recreational activities. Provide Opportunities
for a Range of Tourist Accommodation in Rural Areas The proposed
tourist cabins have been designed to provide a modern form of
tourist development. The designs are contemporary and utilise a mix
of cladding materials and different but simple roof profiles. The
cabins would be oriented to take advantage of solar access and
views.
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Discourage Permanent Occupation of the Development Approved for
Tourism Uses The proposed tourist cabins contain a kitchenette area
to permit self catering, but do not contain full laundry facilities
(only cupboard laundry areas) in accordance with Council’s policy.
Common laundry facilities are provided in the community hall
building for use by the guests. Provide for an Acceptable Regime
for Different Types of Tourist Accommodation The current land
owners intend to manage the tourist facility and live in the
Manager’s Residence. They would maintain the future community
property, including asset protection areas and other required
bushfire hazard management matters. They would also maintain the
access road and effluent disposal areas as well as take bookings,
e.t.c.. Community Title Subdivision It is proposed to subdivide the
development under Community Title (via a future DA), creating
community allotments and community property. Density Standards The
application seeks approval to initially create a tourist allotment
of 22.28ha. Where a manager’s residence is also proposed, the
minimum number of tourist cabin cannot be less than five. Stage I
of the development must provide for a minimum of three tourist
cabins. The proposed staging seeks approval for a minimum of 3
cabins with the manager’s residence occupying the third cabin as
part of the first Stage, which is consistent with the requirements
of DCP 63. The proposed manager’s residence would be ancillary to
the primary use of the land as a tourist facility and complies with
the 2.2 Density Standard provisions of DCP 63. Clause 11(3)
empowers Council to issue consent for a subdivision of land to
which the Clause applies, to create a lot of less than 40 ha if
Council is satisfied that the land will be used for the tourist
facility before the plan of subdivision is registered. Building
Design and Site Layout The proposed tourist cabins would: • have a
floor area of less that 120m2 which complies with the floor
space
requirement; • have a maximum height of less than 7.5m; • comprise
materials sympathetic to the character of the surrounding rural
area; • not be located upon a prominent ridgeline or knoll; • be
setback a minimum of 30m from property boundaries; • be located
within cleared area of the subject land; and • not be provided with
domestic laundries within the cabin. Prior to final inspection, it
would be necessary for the applicant to submit certification that
the dwelling has been constructed in accordance with the submitted
BASIX
Development Committee - 20 January 2009 Report - General Manager -
Development and Environmental Services Page 13
Certificate and that the materials used in construction comply with
the attached schedules of BASIX, Thermal Comfort and Energy
commitments. The proposed development complies with the provisions
of Clause 2.3 of DCP 63. Management of the Tourist Facility In the
event of approval, it would be a condition of development consent
that a Property Management Plan be implemented for the development,
given the proposal makes provision for a manager’s residence. The
subject site enjoys good access to the tourist township of Kangaroo
Valley. The proposal makes provision for the ultimate manager’s
residence to be constructed as part of Stage III of the development
with the initial third cabin then reverting to tourist cabin use.
Environmental Considerations The proposed development would not be
located on slopes steeper than 20%. Wastewater disposal for the
proposed development has been addressed in: • Geotechnical
Assessment by Southern Geotechnics Pty Ltd; and • Water Cycle
Management Study prepared by SEEC Morse McVey; which were both
submitted in support of the development application. These reports
demonstrate that the proposal is able to satisfy the requirements
of both the SCA and Council’s DCP 78 - On-site Sewerage Management.
Flora and Fauna The flora and fauna assessment prepared by BES
concludes that the proposal is unlikely to have a significant
effect threatened species, populations or ecological communities or
their habitats pursuant to S5A of the Environmental Planning and
Assessment Act 1979. Council’s Threatened Species Officer, concurs
with the BES S5A assessment and conclusion of non-significance and
has incorporated the BES recommendations within the recommended
conditions of consent. Council concurs with the conclusion
following a review of the Community Management Statement for the
proposal which documents how the philosophy and ongoing
management/maintenance of the proposal will ensure the long-term
protection of the identified threatened species habitat. Erosion
and Sedimentation To minimise the impact of the development on the
natural environment, all practical measures must be taken to ensure
erosion and subsequent sediment movement off- site does not occur.
In the event of approval, the soil erosion and sediment control
measures should be implemented in accordance with an approved
Erosion and Sediment Control Plan (ESCP). Amenity of the Area -
Scenic Impact The proposed tourist cabins would be located between
70 and 130 metres from the eastern boundary of the subject land,
with the community hall and manager’s
Development Committee - 20 January 2009 Report - General Manager -
Development and Environmental Services Page 14
residence located 50m and 40m from the eastern boundary
respectively. The tourist cabins would be located even further from
other boundaries. It is noted that there are existing dwellings
located to the north approximately half a kilometre from the
proposed tourist facility development. The existing dwelling on the
subject site would be located well over 200 metres from the
proposed tourist cabins. Given these circumstances, the location of
the tourist cabins should not adversely impact on the character of
the locality or on existing residences. Given that the indigenous
vegetation canopy has already been compromised by past farming
practices on adjoining and nearby lands, this development should
not unreasonably intensify the existing impact to a significant
degree. In this regard, provided the conditions relating to tree
removal are complied with, the extent of visual impact would be
acceptable. It may be noted that the provision of an APZ allows for
the retention of certain trees providing the canopies of such trees
do not touch or overlap. Traffic Impact It is considered that the
local road system would be capable of accommodating the approximate
30.6 vehicles per day that would be generated by this development.
It is assumed that the manager’s residence would generate nine (9)
vehicle trips per day and that the six tourist cabins would each
generate approximately 3.6 vehicle trips per day for a total of
21.6 vehicle trips per day. Council’s Development Engineer has
raised no concerns in relation to the above assessment of traffic
generation. Landscaping Given the setting of the proposed
development, it is considered that only a relatively small amount
of landscaping would be required. Such landscaping should
incorporate low scale shrubs, paths and driveways, with associated
lighting for safe access and egress from the manager’s residence
and the tourist cabins.
• Development Control Plan 78 - On-site Sewerage ManagementEffluent
Disposal
An “Assessment for On-site Disposal of Effluent” together with a
Water Cycle Management Study were referred to SCA and to Council’s
Environmental Health Officer.
On reviewing those documents, the SCA responded that they would
concur with Council granting consent to the application, subject to
the suitable conditions being imposed on the development.
Refer above to Drinking Water Catchments Regional Environmental
Plan No. 1 for more detailed assessment of effluent disposal
measures.
Development Committee - 20 January 2009 Report - General Manager -
Development and Environmental Services Page 15
• Development Control Plan 93 - Waste Minimisation and
Management
The proposed development is considered to be a low waste generating
development. The majority of the waste would be green waste
associated with the removal of vegetation related to the
construction of the cabins, manager’s residence, driveway and the
provision of an APZ. The remaining waste would be the result of
construction which would be disposed of in accordance with the
submitted Waste Management Plan.
• Section 94 Contributions Plan 1993
Tourist cabin development generates additional demands on
facilities and services such as roads and bushfire. Under these
circumstances such developments will be required to make payment of
contributions in accordance with Council’s Section 94 Contribution
Plan 1993 (CP).
b) Likely impact of that development on the natural and built
environment and
social and economic impacts in the locality. Economic Impact The
proposed development would provide economic benefits to the local
community by promoting and expanding tourism in the area and by
utilising other tourism related businesses in the region. The
proposal should have a positive economic impact by facilitating
tourist accommodation and by contributing to the tourist industry
within the Shoalhaven. Property Values Given the impact of similar
developments on adjoining and adjacent properties in the past, the
proposed development is unlikely to have a detrimental impact on
the current property values of the subject land. Noise Machinery
noise and limited vibration due to machinery movement may be
created during the construction of the access drive and also during
the construction of the manager’s residence and cabins. The impacts
of this nature would be short-term. Notwithstanding the above
criteria, no offensive or unacceptable noise generally should be
audible at the boundary of the nearest affected residence at any
time in accordance with the NSW Department of Environment and
Conservation (DEC) - Noise Guide for Local Government, the NSW DEC
Industrial Noise Policy 1999 and the relevant Noise Control
provisions under the Protection of the Environment Operations Act
1997. It is considered that the proposed development would not pose
an unacceptable risk to the natural or built environment. c)
Suitability of the Site for the Development It is considered that,
provided the proposed development is achieved in accordance with
the submitted plans and Statement of Environmental Effects, and all
the conditions of
Development Committee - 20 January 2009 Report - General Manager -
Development and Environmental Services Page 16
development consent are complied with, the subject site would be
suitable for, and would adequately accommodate the proposed
development. d) Any submissions made in accordance with the Act or
the regulations. Community Consultation Twenty-four (24)
submissions were received as a result of the community
consultations process. It may be noted that a number of objectors
lodged more than one submission. In this regard, taking into
account the multiple submissions, there are nine (9) objections and
one letter of support. Public Submissions to be Addressed Based on
the number of times certain issues were raised in the submissions,
the key main issues as perceived by the interested public are as
follows: • Non-compliance with DCP 63; • Non-compliance with DCP
93; • Undesirable Subdivision Precedent; • Inadequate Information;
• Asset Protection Zone is Inadequate; • Amended Bushfire Report
and Water Study are Inadequate; • Flora and Fauna Assessment is
Inadequate; • Exhibition of Incomplete Development Application
Information; • Applicant should lodge Community Title Plan; • Seven
Dwellings to be Established; • Change from “ECO” Tourism Avoids RFS
Requirements; • Emergency Access from Old Bendeela Road; • Water
Cycle Management Study - MUSIC; • Visual Analysis; • Spread of Weed
and Pests; • Restrictions on Pets; • Erosion Controls; and •
Monitoring of the Tourist Facility.
# Refer to Attachment ‘D’ for a detailed summary and assessment of
the submissions.
# A number of the issues raise in the submissions led to either an
amended design or to addition studies being carried out (i.e.
threatened species and effluent disposal). Subsequent assessment
and determination confirms that the proposal complies with Council
requirements, subject to the conditions contained in Attachment
‘E’. None of the issues raised in the submissions, either
singularly or collectively have been deemed to be fatal to the
consideration of the application.
Development Committee - 20 January 2009 Report - General Manager -
Development and Environmental Services Page 17
e) The public interest It is considered that the imposition of
appropriate and relevant conditions on this proposed development
would ensure that the public interest would not be compromised. The
above assessment addresses the key issues under Section 79C.
FINANCIAL CONSIDERATIONS: This proposal has no direct financial
considerations for Council other than the potential cost of an
appeal in relation to Council’s determination. OPTIONS: 1. Refuse
the application.
Comment: The Section 79(c) Assessment of the application has not
identified any substantive basis to refuse the development
application.
2. Approve subject to suitable conditions.
Comment: This option is recommended by staff.
3. Application be determined under delegated authority.
Comment: As outlined in the report, this is not the preferred
option as the applicant and owner is a staff member.
CONCLUSION: The development satisfied the definition of a “tourist
facility” and, as such, is a use that is permitted with Council
consent. In this regard: • The traffic generated is unlikely to
impact adversely on the existing ambience and
amenity of the local area. • The proposed use does not constitute
an unsuitable type of development on the
subject land provided suitable conditions are imposed. • The
subject property is zoned as rural land and does not contain a
heritage item and
nor is it located with a heritage conservation area. • Provided
suitable conditions were imposed, and the tourist facility was
adequately
managed in accordance with such conditions, any impact on the
nearby rural dwellings would be negligible.
• Given that the subject land owner is a current member of the
Council’s staff, and in
the interests of probity and open administration, it appropriate
that the application is determined by Council.
Development Committee - 20 January 2009 Report - General Manager -
Development and Environmental Services Page 18
RECOMMENDED that in relation to Development Application DA07/2540
on Lot 1 in DP 1031764, 407D Bendeela Road, Kangaroo Valley the
Development Application be determined by the granting of
development consent subject to the imposition of suitable
conditions contained in Attachment ‘E’ and in accordance with the
associated approved plans.
2. Review of Development and Environmental Services Group Policies
2008 - Round
1 File 5226, 8397-02, 5297, 15164, 31533, 23618, 31509, 1422-02,
23139 & 17432 PURPOSE OF THE REPORT: The purpose of this report
is to seek Council’s direction on current Development and
Environmental Services (DES) Group Policies, as reviewed in this
report. Council has a requirement to review all existing policies
within twelve (12) months of election. DETAILS/ISSUE: DES Group has
forty-eight (48) Development Control Plans (DCP) and Policies that
are due for review. Most of these are proposed to be incorporated
into the comprehensive single Shoalhaven Development Control Plan
2009 (SDCP 2009) (currently being put together by Council’s
Strategic Planning Group) and will be concurrently reported to
Council when SDCP 2009 is reported in due course.
This first round of DES Group’s reporting on public policy review
focuses on ten (10) policies, which are provided in the Councillors
Information Folder, namely;
1. Tasman Park Estate (DP 8082) - Building Lines (File 5266,
POL8/196)
This Policy applies to the properties of the original DP 8082,
known as “Tasman Park Estate” (bounded by The Wool Road, The Basin
Road and Island Point Road), zoned Rural 1(d) and Residential 2
(c), as shown edged heavy black in the map following.
Development Committee - 20 January 2009 Report - General Manager -
Development and Environmental Services Page 19
1(d) 2(a1)
2(a1) 2(a1)
2( a1
THE WOOL RD THE WOOL RD
ISLAND POINT RD
ISLAND POINT RD
ISLAND POINT RD
ISLAND POINT RD
ISLAND POINT RD
The Policy was originally drafted following Council’s resolution of
3 May 1988 with a minimum front building setback of 30 metres being
adopted for all lots within Deposited Plan (DP) 8082, Tasman Park
Estate, to reduce the incidence of dust nuisance. Further, on 23
February 2004, Council resolved that for Residential 2(c) zoned
lots fronting The Wool Road, St Georges Basin that a 10 metre
building line be adopted as an interim measure pending the
completion of the Development Control Plan (DCP) process.
A separate Council resolution on the 23 February 2004 reaffirmed
the combination of the two (2) resolutions above into the one (1)
Policy (currently in force), as an interim measure until such time
that DCP 75 could be completed. DCP 75 has not progressed to any
draft documentation. The intent of the Tasman Park Estate Policy is
to reduce the incidence of dust nuisance associated with dwellings
adjacent to unused roads, however, most of the roads bounding the
area subject to the Policy have now been sealed including a later
subdivision serviced by a cul-de-sac, known as Tasman Park Close.
The only remaining properties within the Tasman Park Estate having
unsealed road is a stretch of approximately 270m along The Wool
Road adjacent to five (5) properties zoned Residential 2(c). DCP 91
- Single Dwelling and Ancillary Structures which was subsequently
adopted by Council on 25 June 2007, provides Acceptable Solutions
for setback and front building lines for rural residential
locations and rural zoned lots and is consistent with setback
provisions within DCP100 - Subdivision Code (adopted by Council on
18 December 2001). The acceptable solution for front building lines
for rural residential locations and rural zones, within DCP 91
states:
Development Committee - 20 January 2009 Report - General Manager -
Development and Environmental Services Page 20
“In rural residential locations and rural zones, for lots up to
4000m2, a minimum front building line of 12.5m is provided, for
lots 4000m2 and above, a minimum front building line of 20m is
provided, and a front building of 30m for larger than 1ha. The
setback to a secondary street frontage is 50% of the required front
setback.”
The provisions within DCP 91 effectively supersede the subject
Policy and adequately covers the provisions for front building
lines for both the area zoned Rural 1(d) and the Residential 2(c)
of the Tasman Park Estate policy. Given the adoption of DCP 91, it
is recommended that the Policy for Building Lines - Tasman Park
Estate (DP 8082) be rescinded.
2. Termite Protection Policy - (File 8397-02, POL08/197)
This Policy was originally adopted in 1995 with subsequent
amendments in 1996. The Policy set out criteria for termite
protection for new building construction within the Shoalhaven
Local Government Area. Requirements for termite protection is
already covered in the Building Code of Australia (BCA),
furthermore the requirements within this Policy are considered more
onerous than those of the BCA. Given the requirements of the BCA
are adequate to address this issue, it is recommended that the
Termite Protection Policy be rescinded.
3. Determination of Development Applications - Draft Policies and
Development
Control Plans (File 5297, POL08/175)
This policy was originally adopted in 1997. The Policy provides
that draft Policies and draft Development Control Plans will not be
applied in the assessment and determination of development
applications. Section 79C of the Environmental Planning and
Assessment (EP & A) Act 1979 already provides that the consent
authority take into consideration matters that are of relevance to
a Development Application (DA), among others, any environmental
planning instrument (Local Environmental Plans (LEP), State
Environmental Planning Policies (SEPP) and Regional Environmental
Plans (REP)), any draft environmental planning instrument and any
adopted DCP that apply to the land subject of the DA. While the
intention of the Policy is understandable, it is adequately
addressed through the provisions of Section 79(c) and to this
extent could be misleading for DA applicants or the community
because the Policy implies that Council has the discretion to
consider a draft DCP or policy. It is recommended that the Policy
for Development Applications - Determination - Draft Policies and
Development Control Plans be rescinded.
Development Committee - 20 January 2009 Report - General Manager -
Development and Environmental Services Page 21
4. Dual Occupancy Development - Subdivision Restriction (File
15164, POL08/176)
This Policy was originally introduced as an interim policy
statement as a result of Council resolution in March 2005 following
the repeal of SEPP No 25 - Residential Allotment Sizes - Dual
Occupancy Subdivision in 1997. This Policy articulates Council’s
position on dual occupancy developments. Specifically, this Policy
provides that dual occupancy applications be assessed under the
provisions of DCP 57 and that Council not support any variation to
the Subdivision Code to allow the subdivision of dual occupancy
development. Planning Policy No 5 currently provides for
subdivision of Dual Occupancy in certain situations, this policy is
inconsistent with the subject policy. Note that work is also
currently being undertaken to review DCPs 57 (Dual Occupancy) and
100 (Subdivision). In that regard, it is recommended that this
Policy be rescinded.
5. Crematoriums in Funeral Parlours (File 31533, POL08/172)
This Policy was first introduced in 1990 to articulate that a
crematorium is not ancillary or an integral part of a funeral
parlour and as such if a crematorium is proposed then a DA for the
specific purpose is required to be lodged and assessed accordingly.
At present there are four (4) funeral parlours in the Shoalhaven
LGA, two (2) of which are located within Business 3(b) -
Transitional Zone, one (1) on Business 3(d) - Commercial Zone and
the other on Residential 2(a1) - Residential A1 Zone, under the
current Shoalhaven Local Environmental Plan (SLEP) 1985. Council’s
draft SLEP 2009 (which at this time, is with the Department of
Planning awaiting a certificate for public exhibition), has in
accordance with the standard LEP template, proposed a “B3
Commercial Core” zone for the three (3) funeral parlours currently
within Business zones and an “R2 Low Density Residential” zone for
the funeral parlour currently in a Residential zone (its land use
will rely on existing use rights). Under draft SLEP 2009, a number
of zones are proposed to allow permissibility of funeral parlours
and/ or crematorium with consent. The intention is that
crematoriums are deemed to be better suited within zones away from
residential areas and are better suited on industrial and rural
zoned lands that are not heavily populated. A simple matrix
illustrating this is provided in the following table:
Proposed Zones under Draft SLEP 2009
Permissible with Consent
Funeral parlours
-
Crematorium
Development Committee - 20 January 2009 Report - General Manager -
Development and Environmental Services Page 22
Zone B2 Local Centre Funeral chapels, Funeral homes
Crematorium
Crematorium
-
-
-
Zone IN1 General Industrial Crematoria Funeral chapels, Funeral
homes
Given that the subject Policy is consistent with the proposed
permissibility with consent of funeral parlours and crematoriums
under the Draft SLEP 2009, it is recommended that this Policy be
reaffirmed until such time that SLEP 2009 is gazetted (as currently
drafted), upon which the Policy should automatically be
rescinded.
6. Fees - Waiving of Development Application and Other Fees for
Charitable
Organisations and Community Groups (File 23618, POL08/178)
This Policy has been in place for a number of years. The Policy
aims to exempt certain organisations from the payment of fees
associated with DA and provides certain criteria for the exemption.
Through this policy review process, it is recommended that this
Policy be reaffirmed subject to minor changes being made to its
“Purpose”, which does not change the intent of the Policy but
rather makes for greater clarification: • Replace the contents of
Clause 1 - Purpose - with:
“This policy exempts certain organisations from the payment of fees
associated with Development Applications subject to certain
exemption criteria.”
7. Private Burial Grounds (File 31509, POL08/189)
This Policy originated from a Council resolution in 1997. The
Policy provides criteria which allows for private burial grounds on
private lands in the Shoalhaven. It is recommended that the Policy
be reaffirmed.
8. Verons Estate - Sussex Inlet (File 1422-03 , POL08/198)
This Policy originated from a Council resolution in 1999. The
Policy aims to permit low- scale, non-residential development that
is ancillary to the rural use of properties pending resolution of
zoning and road construction issues at the Verons Estate, Sussex
Inlet. It is recommended that the Policy be reaffirmed subject to
two (2) updates being made, as follows:
• update Clause 3.3 to be consistent with legislation; i.e. 8-part
test should now read 7-
part test in accordance with Section 5A of the EP & A Act 1979;
and
Development Committee - 20 January 2009 Report - General Manager -
Development and Environmental Services Page 23
• delete Clause 3.7 given that Council had resolved in part on 20
September 2005 that
it acknowledges that the roads within the Verons Estate at Sussex
Inlet constituted in DP 9897 are public roads (Min05.1251)1
9. Companion Animals (Impacts on Native Fauna) - Conditions of
Development
Consent (File 23139, POL08/188)
This Policy originated from a Council resolution in 2005. The
Policy provides protection of native fauna in areas of sensitive
environmental locations whilst respecting the rights of civil
liberties of those in the community who find health benefits and
comfort in the responsible caring of companion animals. It is
recommended that the Policy be reaffirmed.
10. Parking of Caravans for Commercial or Community Activities -
(File 17432,
POL08/187)
This Policy originated from a Council resolution in 1996. The
Policy provides guidelines on the parking of caravans (and similar
types of vehicles) on public roads for the purposes of carrying out
commercial and community activities. It is recommended that the
Policy be reaffirmed.
ECONOMIC, SOCIAL &ENVIRONMENTAL (ESD) CONSIDERATION: ESD
considerations are addressed within each individual policy
document. FINANCIAL CONSIDERATIONS: Not applicable in the context
of this report OPTIONS: Council may: 1) Resolve to adopt the
recommendation(s) in the report; 2) Resolve to make amendments to
individual policies and specify such amendments;
or
3) Resolve to require a further report or briefing on all or
particular policies.
Development Committee - 20 January 2009 Report - General Manager -
Development and Environmental Services Page 24
RECOMMENDED that in accordance with this report:
a) Council rescind the following policies:
• Tasman Park Estate (DP 8082) - Building Lines (File 5266,
POL8/196); • Termite Protection Policy - (File 8397-02, POL08/197);
• Determination of Development Applications - Draft Policies
and
Development Control Plans (File 5297, POL08/175); and • Dual
Occupancy Development - Subdivision Restriction (File 15164,
POL08/176).
b) Council reaffirm the following policies, subject to certain
minor updates being made for consistency purposes (as attached), as
described in this report :
• Fees - Waiving of Development Application and Other Fees for
Charitable Organisations and Community Groups (File 23618,
POL08/178); and
• Verons Estate - Sussex Inlet (File 1422-03 , POL08/198).
c) Council reaffirm the Crematoriums in Funeral Parlours Policy
(File 31533, POL08/172) until such time that SLEP 2009 is gazetted,
upon which this policy will be automatically rescinded; and
d) Council reaffirm the following policies:
• Private Burial Grounds (File 31509, POL08/189); • Companion
Animals (Impacts on Native Fauna) - Conditions of
Development Consent (File 23139, POL08/188); and • Parking of
Caravans for Commercial or Community Activities - (File
17432, POL08/187). Tim Fletcher DIRECTOR, DEVELOPMENT AND
ENVIRONMENTAL SERVICES John Gould ACTING GENERAL MANAGER
Notice of Meeting
Development and Environmental Services
1. Development Application for a Subdivision and the construction
of a Tourism Development comprising Six Tourist Cabins,
Conference/Common Hall and a Manager's Residence - Lot 1 DP
1031764, 407D Bendeela Road, Kangaroo Valley. Applicant and Owner:
Toni and Robert Moran. File DA07/2540