ITEM 1 - DECLARATIONS OF INTEREST
REPORT IN BRIEF
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Reason For Report |
To allow an opportunity for Councillors to declare an interest in any items to be determined at this meeting. |
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Policy Implications |
Nil |
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Budget Implications |
Nil |
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IPR Linkage |
4.5.1.g - Code of Meeting Practice adopted and implemented. |
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Annexures |
Nil |
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File Number |
\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS AND STAFF DECLARATION OF INTEREST - 2014 - 576348 |
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THAT the Declarations of Interest be noted. |
General Manager's REPORT
A call for Declarations of Interest.
ITEM 2 - APPLICATIONS FOR LEAVE OF ABSENCE
REPORT IN BRIEF
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Reason For Report |
To allow tendering of apologies for Councillors not present. |
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Policy Implications |
Nil |
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Budget Implications |
Nil |
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IPR Linkage |
4.5.1.g - Code of Meeting Practice adopted and implemented. |
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Annexures |
Nil |
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File Number |
\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS LEAVE OF ABSENCE - 576349 |
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THAT any apologies tendered be accepted and the necessary leave of absence be granted. |
General Manager's REPORT
A call for apologies be made.
ITEM 3 - DECLARATIONS FOR POLITICAL DONATIONS
REPORT IN BRIEF
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Reason For Report |
To allow an opportunity for Councillors to declare any Political Donations received. |
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Policy Implications |
Nil |
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Budget Implications |
Nil |
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IPR Linkage |
4.5.1.g - Code of Meeting Practice adopted and implemented. |
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Annexures |
Nil |
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File Number |
\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS DECLARATION OF POLITICAL DONATIONS - 576351 |
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THAT any Political Donations be noted. |
General Manager's REPORT
A call for Declarations of any Political Donations.
ITEM 4 - MODIFICATION APPLICATION DA 2014/0158 FOR DWELLING ON LOT 2 DP 748114, 144 COLEMAN'S ROAD, CUMNOCK
REPORT IN BRIEF
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Reason For Report |
The modification application seeks to vary Conditions 16 and 17 of the consent that relates to the requirement for Section 94 road and bushfire contribution payments. S94 Contributions have been adopted by Council and consistently applied and as such any variation should be a matter for determination by the Committee. |
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Policy Implications |
Variation to Road Contributions Plan (Section 94) for General Rural Zones and Bushfire Services Contribution Plan. |
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Budget Implications |
Nil |
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IPR Linkage |
4.5.3.a - Provide efficient and effective development assessment |
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Annexures |
|
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File Number |
\Development Applications\DEVELOPMENT APPLICATION\2014\03-2014-0158 - 576394 |
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THAT Modification Development Application 2014/0158/1 for a Dwelling on land described as Lot 2 DP 748114, 144 Coleman’s Road, Cumnock, be refused and Conditions 16 & 17 of the consent remain in place. |
Senior Town Planner's REPORT
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ADVISORY NOTES Record of voting In accordance with s375A of the Local Government Act 1993, a division is required to be called when a motion for a planning decision is put at a meeting of Council or a Council Committee. A division under s375A of the Act is required when determining this planning application.
Political Disclosures In accordance with s147(4) of the Environmental Planning and Assessment Act 1979, a person making a planning application to Council is required to disclose political donations and gifts made within 2 years prior to the submission of the application and concluding when the application is determined.
In accordance with s147(5) of the Environmental Planning and Assessment Act 1979, a person making a public submission to Council in relation to a planning application made to Council is required to disclose political donations and gifts made within 2 years prior to the submission being made and concluding when the application is determined.
Political donations and gifts (if any) to be disclosed include: · All reportable political donations made to any local councillor or Council, · All gifts made to any local councillor or employee of the Council.
Nil planning application disclosures have been received. Nil public submission disclosures have been received. |
This matter was deferred from the August Environmental Services and Sustainability Committee to be re-listed at the September meeting. The original assessment of the modification application is set out below.
Council has received further correspondence from the owner of the land on Sunday 17 August 2014 with information in relation to the application of Section 94 Contributions and seeks his response to be included for the agenda item in the September Environmental Services and Sustainability Committee Meeting. This correspondence is attached for Council’s reference.
The matters raised in the applicant/owners correspondence are addressed as follows:-
Currently there are two sections of ownership on Bicton Lane. The first section runs south from Banjo Paterson Way to the intersection of Bicton Lane and Colemans Road approx. 1.8km long and is Cabonne Council’s road reserve (as shown in green on the map below). The second section that runs west from the intersection of Bicton Lane and Colemans Road approx. 3.1km long is Crown road reserve (as shown in yellow on the map below). As such, the report submitted to the Ordinary Council Meeting of 19 August 2014 pertaining to Crown Roads only relates to that section of Bicton Lane still shown as Crown ownership (yellow highlighted map).
The section of Bicton Lane that relates to the travel path of the approved development is Cabonne Council’s road reserve and is maintained by Council. As such, Section 94 road improvement contributions, which have been calculated as per Council’s Road Contributions Plan 2007, have not been falsely applied to DA 2014/158.
The Section 94 road improvement contribution was calculated as follows:-
1.8km of gravel road to Bicton Lane and 1.4km of gravel road to Colemans Road.
= 3.2km of gravel road (in total), Zone B (50% discount as per Council’s Road Contributions Plan 2007).
= $10,675 (for the first KM) + ($10,675 x 2.2 (remaining gravel road distance) x 0.5)
= $22,417.50 capped at $20,000.00.
The applicant/owner references DA 2014/0172. Please note that the approved development accesses directly onto a Crown road reserve (see below map) that runs north off Cargo Road to Lot 469 DP 1120766. No S94 road improvement contribution is triggered by this development as it does not meet the ‘Nexus’ as per Council’s Road Contributions Plan 2007. That is no road contribution applies if direct access is via a crown road.
SUMMARY
The following report provides an assessment of the modification development application submitted for a Dwelling of land described as Lot 2 DP 748114, 144 Coleman’s Road, Cumnock. The modification application seeks to delete the requirement for contribution payments for both road and bushfire services from Conditions 16 & 17 of the consent.
The application has been referred to the Environmental Services and Sustainability Committee for determination as the request to modify the requirement to pay Section 94 Contributions for both road and bushfire services are a policy of Council. The contribution plans have been consistently applied across the Shire since the plans’ inception.
It is recommended that the application be refused and Conditions 16 & 17 of the consent remain.
Applicant: Legin Pty Ltd
Owner: Legin Pty Ltd
Proposal: Modification to delete Conditions 16 & 17 of consent for Dwelling
Location: Lot 2 DP 748114, 144 Coleman’s Road, Cumnock
Zone: RU1 Primary Production
THE PROPOSAL
The modification application seeks to delete Condition 16 – Road Improvement Contribution and Condition 17 - Contribution to Bushfire Services (Rural Dwellings) from the consent. The following is an extract from the applicant and his reasoning for not paying the contribution:-
Site Map
MATTERS FOR CONSIDERATION
In accordance with Section 96(1A) of the Environmental Planning and Assessment Act 1979 the proposed modification is of minimal environmental impact and is substantially the same development for which consent has been granted.
PROVISIONS OF ANY ENVIRONMENTAL PLANNING INSTRUMENT s79C(1)(a)(i)
Clause 1.2 Aims of the Plan
The broad aims of the LEP are as follows:
a) to encourage development that complements and enhances the unique character and amenity of Cabonne, including its settlements, localities, and rural areas,
(b) to provide for a range of development opportunities that contribute to the social, economic and environmental resources of Cabonne in a manner that allows present and future generations to meet their needs by implementing the principles of ecologically sustainable development,
(c) to facilitate and encourage sustainable growth and development that achieves the following:
(i) contributes to continued economic productivity, including agriculture, business, tourism, industry and other employment opportunities,
(ii) allows for the orderly growth of land uses while minimising conflict between land uses within the relevant zone and land uses within adjoining zones,
(iii) encourages a range of housing choices and densities in planned urban and rural locations that is compatible with the residential and rural environment and meets the diverse needs of the community,
(iv) promotes the integration of land uses and transport to improve access and reduce dependence on private vehicles and travel demand,
(v) protects, enhances and conserves agricultural land and the contributions that agriculture makes to the regional economy,
(vi) avoids or minimises adverse impacts on drinking water catchments to protect and enhance water availability and safety for human consumption,
(vii) protects and enhances places and buildings of environmental, archaeological, cultural or heritage significance, including Aboriginal relics and places,
(viii) protects and enhances environmentally sensitive areas, ecological systems, and areas that have the potential to contribute to improved environmental, scenic or landscape outcomes.
Clause 1.9A Suspension of covenants, agreements and instruments
This clause provided that covenants, agreements or other similar instruments that restrict the carrying out of development upon the subject land do not apply unless such are:
· Covenants imposed or required by council
· Prescribed instruments under s183A of Crown Lands Act 1989
· Any conservation agreement under National Parks and Wildlife Act 1974
· Any trust agreement under the Nature Conservation Trust Act 2003
· Any property vegetation plan under the Native Vegetation Act 2003
· Any biobanking agreement under Part 7A of the Threatened Species Conservation Act 1995
· Any planning agreement made under Division 6 of Part 4 of the Environmental Planning & Assessment Act 1979
Mapping
The subject site is identified on the LEP maps in the following manner:
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Land zoning map |
Land zoned RU1 Primary Production |
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Lot size map |
Minimum lot size 100ha, however compliance with 4.2A(3)(c) CLEP 2012 |
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Heritage map |
Not a heritage item or conservation area |
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Terrestrial Biodiversity Map |
Has biodiversity sensitivity on the subject land (Blakelys Red Gum – Yellow Box with less than 30% remaining |
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Flood planning map |
Not within a flood zone |
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Natural resource – karst map |
Not within a karst area |
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Drinking water catchment map |
Not within a drinking water catchment area |
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Riparian land and watercourse map, groundwater vulnerability map |
Groundwater vulnerable |
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Land reservation acquisition map |
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These matters are addressed in the report following.
Cabonne Local Environmental Plan 2012
The subject land is zoned RU1 Primary Production by the Cabonne Local Environmental Plan 2012. A Dwelling is permissible within this zone, subject to Council’s development consent.
Objectives of the RU1 zone
The proposal is not contrary to the aims of the LEP or the objectives of the RU1 zone. The development relates to and is consistent with the zone objectives which seek to
· To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
· To encourage diversity in primary industry enterprises and systems appropriate for the area.
· To minimise the fragmentation and alienation of resource lands.
· To minimise conflict between land uses within this zone and land uses within adjoining zones.
· To enable function centres, restaurants or cafes and appropriate forms of tourist and visitor accommodation to be developed in conjunction with agricultural uses.
REGIONAL ENVIRONMENTAL PLANS
There are no Regional Environmental Plans that apply to the subject land.
STATE ENVIRONMENTAL PLANNING POLICIES
Cabonne Council is identified within the SEPP 44 schedule as having koala habitat. The applicant has not addressed the SEPP; however, the subject land is generally cleared and the proposed development will not impact upon any existing vegetation. There are no known sightings of koalas in the locality, or sources of koala habitat. The modification application does not change the previous site assessment.
State Environmental Planning Policy (Rural Lands) 2008 applies to the modification. The modification is consistent with the provisions of the SEPP.
PROVISIONS OF ANY DRAFT ENVIRONMENTAL PLANNING INSTRUMENT THAT HAS BEEN PLACED ON EXHIBITION s79C(1)(a)(ii)
There are no draft environmental plans that relate to the subject land or proposed development.
PROVISIONS OF ANY DEVELOPMENT CONTROL PLAN s79C(1)(a)(iii)
Development Control Plan No 5 – General Rural Zones applies to this development. The proposed modification is not inconsistent with the provisions of the DCP. Requirements for road and bushfire contributions are discussed under Development Contributions section of the report.
PROVISIONS PRESCRIBED BY THE REGULATIONS s79C(1)(a)(iv)
The proposal does not contravene the relevant provisions of the regulations.
THE LIKELY IMPACTS OF THE DEVELOPMENT s79C(1)(b)
Siting /location
The modification does not affect the previous site assessment.
Lot size and shape
The proposed modification does not affect the previous site assessment and no changes are proposed that will affect this aspect of the development.
Visual amenity
The proposed modification does not affect the previous site assessment.
Access and traffic
Access to the proposed dwelling is via Coleman’s Road. No changes are proposed through the modification for access.
Traffic impacts are considered minimal however a dwelling will generate additional traffic movements.
The road network is considered adequate for the proposal and modification. The access road is not sealed and as such triggers the requirement for road contributions.
THE SUITABILITY OF THE SITE s79C(1)(c)
Physical Attributes and Hazards
There are no known technological or natural hazards that would affect the proposed development.
DEVELOPMENT CONTRIBUTIONS
Council’s Bushfire Services Contributions Plan and Road Contributions Plans apply to this development.
The modification application seeks to delete Conditions 16 and 17 of the consent.
Assessment of the modification application has been undertaken with a review by the Development Engineer.
Condition 16 Road Improvement Contribution requires the applicant to pay an amount of $14,258.72 towards the improvement of Coleman’s Road and $5,375.58 towards the improvement to Bicton Lane. The recommendation is that Condition 16 of the consent remains applicable to the approved development. Council has consistently applied Section 94 Road Improvement Contributions to any new development that triggers the nexus identified in the Road Improvement Contributions Plan since its inception in 1993. Section 94 Road Improvement Contributions are held in a trust account for the capital improvement towards that particular road. Section 94 Contributions do not fund any maintenance for that particular road.
Condition 17 Contribution to Bushfire Services (Rural Dwellings) requires the applicant to pay an amount of $365.70 towards the improvement of bushfire services and amenities for Cumnock Brigade prior to the occupation of the dwelling. The recommendation is that Condition 17 should remain as the imposition of the contribution meets the nexus for the Bushfire Services Contribution Plan. This plan was adopted by Council in 1993 and has been consistently applied across the Shire. The Section 94 Bushfire Contributions are collected by Council and a register is kept identifying all brigades, the contributions levied, and the developments from which the contributions were levied. Section 94 Bushfire Contributions are then passed onto the nominated Bushfire Brigade as requested by the RFS for the upgrade of local amenities and services for a particular brigade.
As such, the request to delete Conditions 16 and 17 of the consent should be refused and the conditions remain.
ANY SUBMISSIONS MADE IN ACCORDANCE WITH THE ACT s79C(1)(d)
The proposed modified development was not required to be either advertised or neighbor notified.
PUBLIC INTEREST s79C(1)(e)
The proposed development is considered to be of minor interest to the wider public due to the relatively localised nature of potential impacts.
CONCLUSION
The proposed modified development seeks to delete Conditions 16 & 17 of the development consent. Whilst the modification is essentially the same for which development consent was originally granted, the modification seeks to delete the requirement for payment of road and bushfire contributions. These contributions have been consistently applied since they have been adopted by Council in 1993 for both Bushfire Services and Road Improvement. It should be brought to the Committee’s attention that to waiver the contributions for one development may have implications for other rural developments subject to road and bushfire contributions. Bushfire contributions are imposed toward the improved of bushfire services and amenities for the local rural bushfire services/brigades; these funds should not be taken from the services that protect and save the lives and buildings of the local residents. Equally, road contributions should they be waived would impact on Council’s budget for road improvement and maintenance. A section 79C assessment of the development indicates that the modified development for deleting Conditions 16 and 17 is not acceptable in this instance; as such the modification application be refused with Conditions 16 and 17 remaining.
ITEM 5 - BUSINESS PAPER ITEMS FOR NOTING
REPORT IN BRIEF
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Reason For Report |
Provides an opportunity for Councillors to call items for noting for discussion and recommends remainder to be noted. |
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Policy Implications |
Nil |
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Budget Implications |
Nil |
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IPR Linkage |
4.5.1.g - Code of Meeting Practice adopted and implemented. |
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Annexures |
Nil |
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File Number |
\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 576352 |
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THAT:
1. Councillors call any items they wish to further consider. 2. The balance of the items be noted.
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General Manager's REPORT
In the second part of the Committee Business Paper are items included for the Committee’s information.
In accordance with Council’s format for it Business Paper, Councillors wishing to discuss any item are requested to call that item.
