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POLICY PLANNING ENVIRONMENT & MASTER PLAN IMPLEMENTATION COMMITTEE

NOTICE OF MEETING
Wednesday, 15th December 2010


Thursday 9th December, 2010


His Worship The Mayor and Councillors,


I have by direction to inform you that a meeting of the Policy Planning Environment & Master Plan Implementation Committee of the Council will be held at the Civic Centre, Hurstville on Wednesday, 15th December 2010 at 7.00 pm for consideration of the business mentioned hereunder.


Victor G D Lampe
General Manager


BUSINESS

1. Apologies

2. Disclosures of Interest

3. Consideration of Reports


COMMITTEE MEMBERSHIP

Councillor C Hindi (Chairperson)
Councillor W Pickering
Councillor A Wagstaff
Councillor C Wong

The Quorum for the meeting is 3

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POLICY PLANNING ENVIRONMENT & MASTER PLAN IMPLEMENTATION COMMITTEE

SUMMARY OF ITEMS
Wednesday, 15th December 2010



ITEMS


PPE032-10 DRAFT STORMWATER DRAINAGE POLICY AND FLOOD CONTROL MAP FOR PUBLIC EXHIBITION (08/1030)
(Report by Development Engineer, Mr M Ward)


PPE033-10 ILLAWARRA CATHOLIC CLUB - CLUB CENTRAL HURSTVILLE - CLASS 1 LOCAL IMPACT ASSESSMENT (LIA) REQUESTING A POKER MACHINE THRESHOLD INCREASE OF 20 POKER MACHINES (10/149)
(Report by Director Planning and Development, Mr B Daintry)


PPE034-10 MATTERS SUBMITTED FOR THE INFORMATION OF COUNCILLORS - LEGAL MATTERS INVOLVING COURT ACTION AND LIMITED CONSENTS - PLANNING AND DEVELOPMENT DIRECTORATE (09/1077)
(Report by Director - Planning and Development, Mr B Daintry)




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POLICY PLANNING ENVIRONMENT & MASTER PLAN IMPLEMENTATION COMMITTEE
Wednesday, 15th December 2010
Addendum


PPE032-10DRAFT STORMWATER DRAINAGE POLICY AND FLOOD CONTROL MAP FOR PUBLIC EXHIBITION
Report Author(s)Development Engineer, Mr M Ward
File08/1030
Reason for ReportTo endorse Public Exhibition of the Draft Stormwater Drainage Policy and Flood Control Lot Map
Existing Policy?NoNew Policy Required?Yes
Financial ImplicationsAs at 3/12/10 the Section 94 Drainage balance was $1.057M. Upon adoption of the Stormwater Drainage Policy and On Site Detention City Wide as well as Council's adopted Draft Contributions Plan no further stormwater contributions will be levied and OSD will be a standard requirement.
Previous Reports ReferencedNo



EXECUTIVE SUMMARY

Council’s Planning and Development Directorate identified the need for a Stormwater Drainage Policy and, with funds supplied by the Director Technical Services, Council engaged Dr Geoffrey O’Loughlin of Brown Consulting to assist Hurstville City Council staff with the preparation of this document.

Council's policies must ensure that stormwater drainage systems in all new developments are designed to meet currently accepted standards of construction and operation.

This report seeks Council endorsement of a new draft policy for the purpose of public exhibition.


AUTHOR RECOMMENDATION

THAT Council endorse the Public Exhibition of the Draft Stormwater Drainage Policy for a period of no less than twenty-eight days.

THAT Council refer the Draft Stormwater Drainage Policy to Council's solicitors together with a Draft Flood Lot Control Map and that subject to legal advice, Council also publicly exhibit the Draft Flood Lot Control Map.

FURTHER THAT Council endorse the Director Planning and Development to make minor modifications to numerical, typographical, interpretation and formatting errors, if required, in the finalisation of the said documents prior to public exhibition.


REPORT DETAILS


Draft Policy Objectives:

Objective 1 - Legal Gravity Stormwater Drainage Systems

Objective 2 – Prevention of Increased Flooding HazardsObjective 3 – Design and Construction Standards
To ensure that stormwater drainage systems are built to appropriate standards.
Objective 4 – Legal ProtectionsObjective 5 – Environmental Measures
Outcomes Proposed:

· Single Dwelling House and Ancillary Development unable to fall to the road· Other than single Dwelling Developments
· On-Site Detention would be required on all sites other than Single Dwelling Houses

· Flood Control Lot Map

The introduction of a Stormwater Drainage Policy and Flood Control Lot Map is intended to clarify to designers and prospective and current property owners Council’s drainage requirements for a wide range of development situations including where the acquisition of drainage easements may be required. Properties will be identified where Flood Studies have previously been prepared and those properties require an Overland Flow/ Flood Study as part of development will also be identified on the Flood Control Lot Map. It must be reinforced that the Flood Control Lot Map is not a map that identifies flood affected land. The Flood Control Lot map identifies land affected by specific development controls relating to development applications. In essence, sites where flood studies are required by Council such that those applications may be properly considered.

The draft Flood Control Lot Map, as provided to Councillors in workshops, will not be made public or exhibited until Council's solicitors have finalised legal advice as to Council's liabilities under section 733 of the Local Government Act 1993 following adoption of the draft Policy for public exhibition.

Section 733 provides:

On Site Detention versus Section 94 Drainage Contribution

In 1993 a Section 94 Study (including Drainage) was received from consultants Gutteridge Haskins and Davey Pty Ltd. Council subsequently adopted a policy that required On Site Detention (OSD) for certain development in the Wolli Creek drainage catchment area, to relieve the stress on its drainage system resulting from years of development, and Section 94 Drainage contribution were required for the Georges River catchment.

At the rate at which stormwater contributions have been collected there is insufficient funds to make significant improvements to the public stormwater systems within the Georges River catchment. The most environmentally sound and expedient solution is to limit off-site flow rates to pre-development levels, reducing the stress upon public stormwater systems in a sustainable and practical design solution at there source across the entire local government area (LGA).

The Draft Stormwater Policy proposes that OSD apply LGA wide. Council's adopted draft Contributions Plan has removed provisions to require contributions for stormwater drainage, consistent with the objectives or the proposed policy.

Draft Policy Exhibition

It is proposed to exhibit the Draft Stormwater Drainage and Interim Flood Control Map for a minimum period of twenty eight days. Council will be writing to the owner of each property identified on the Draft Flood Control Lot, subject to its exhibition in accordance with any legal advice, inviting comments and submissions for both documents.

An advertisement is to be lodged in the Public Notices section of the Leader and relevant information listed in HCC’s Web Site.

Letters are to be written to the LGEA, The Institute of Engineers and local and various interested Hydraulic Engineers and others interest in the document.

Requirements for the Final Document

The outcomes of the public consultation process will be reported to Council seeking the formal adoption of the Policy and the Draft Flood Control Lot, subject to its exhibition in accordance with any legal advice.

Staff will seek adoption of the Policy following exhibition, as it may be amended.

Future DCP provisions

The final adopted Policy will form the base for standard Development Control Plan provisions to be framed in the ongoing review of Council's Development Control Plans.


COMMITTEE RECOMMENDATION - PPE

THAT Council endorse the Public Exhibition of the Draft Stormwater Drainage Policy for a period of no less than twenty-eight days, commencing February 2011.

THAT Council refer the Draft Stormwater Drainage Policy to Council's solicitors together with a Draft Flood Control Lot Map and that Council also publicly exhibit the Draft Flood Control Lot Map.

(Moved Councillor A Wagstaff / Seconded Councillor W Pickering)



RESOLUTION - CCL

THAT Council endorse the Public Exhibition of the Draft Stormwater Drainage Policy for a period of no less than twenty-eight days, commencing February 2011.

THAT Council refer the Draft Stormwater Drainage Policy to Council's solicitors together with a Draft Flood Control Lot Map and that Council also publicly exhibit the Draft Flood Control Lot Map.

(Moved Councillor A Istephan / Seconded Councillor C Hindi)





APPENDIX
Appendix 1 - Draft Stormwater Drainage Policy

DRAFT STORMWATER DRAINAGE POLICY.pdf


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POLICY PLANNING ENVIRONMENT & MASTER PLAN IMPLEMENTATION COMMITTEE
Wednesday, 15th December 2010
Addendum

PPE033-10ILLAWARRA CATHOLIC CLUB - CLUB CENTRAL HURSTVILLE - CLASS 1 LOCAL IMPACT ASSESSMENT (LIA) REQUESTING A POKER MACHINE THRESHOLD INCREASE OF 20 POKER MACHINES
Report Author/sDirector Planning and Development, Mr B Daintry
File10/149



EXECUTIVE SUMMARY

Council received a letter dated 11 November 2010 attaching the local impact assessment (annexures 1 and 2) lodged with the Casino, Liquor and Gaming Control Authority in connection with a gaming machine threshold increase application. The proposal was communicated to Councillors with several Councillor objecting to the proposal. There has been some confusion created by the submission period quoted in the letter dated 11 November 2010 which states submissions must be made within 30 days. A review of the LIA application reports web page confirms that the there was a conflicting closing date with the Casino, Liquor and Gaming Control Authority site stating 23 December 2010. A submission objecting to the proposal has been made on the Mayor's direction under section 226 of the Local Government Act 1993 ensuring that a submission of objection was lodged within 30 days of the letter dated 11 November 2010 as a precaution.


AUTHOR RECOMMENDATION

That the report be received and noted.

That Council endorse the objection (Annexure 3) to the proposed increase in poker machines at the Illawarra Catholic Club - Club Central, Hurstville.


REPORT DETAILS

On 11 November 2010 Council received a letter attaching the local impact assessment (Annexures 1 and 2) lodged with the Casino, Liquor and Gaming Control Authority in connection with a gaming machine threshold increase application.

On 24 November, 2010 the letter and annuxures were circulated to Councillors on the Council's intranet portal with the folllowing advice:

 Between 25 November 2010 and 1 December 2010 3 Councillors had responded opposing the Local Impact Assessment application by Club Central Hurstville (the Club) to increase the number of poker machines by 20. A discrepency between the closing date in the letter dated 11 November 2010 and the Casino, Liquor and Gaming Control Authority's website, stating that the closing date for submissions was not until 23 December 2010 was disclosed.

On 1 December 2010, all Councillor replies, with respect to this matter, were considered by the Mayor and Deputy Mayor. On the weight of Councillor comments received, at that date, the Mayor instructed the General Manager and Director Planning and Development, pursuant to section 226 of the Local Government Act 1993, that Council was to lodge an objection to the proposed increase in poker machines within the 30 day period provided for in the letter dated 11 November 2010. Annexure 3 is that submission in objection to the application. The General Manager and Director Planning and Development were further instructed to report the matter to Council. This is the required report.

The matter is reported to Council for is consideration.


COMMITTEE RECOMMENDATION - PPE

THAT the matter be referred to Council for determination.
(Moved Councillor A Wagstaff / Seconded Councillor W Pickering)



RESOLUTION - CCL

THAT the report be received and noted.
(Moved Councillor A Wagstaff / Seconded Councillor W Pickering)





APPENDIX
1. Lia_illawarra_catholic_club.pdf
2. Lia_illawarra_catholic_club_attachments.pdf
3. Illawarra Catholic Club Hurstville Liquor Licensing and Licence Gaming.pdf


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POLICY PLANNING ENVIRONMENT & MASTER PLAN IMPLEMENTATION COMMITTEE
Wednesday, 15th December 2010
Addendum


PPE034-10MATTERS SUBMITTED FOR THE INFORMATION OF COUNCILLORS - LEGAL MATTERS INVOLVING COURT ACTION AND LIMITED CONSENTS - PLANNING AND DEVELOPMENT DIRECTORATE
Report Author(s)Director - Planning and Development, Mr B Daintry
File09/1077
Reason for ReportFor the information of Councillors
Existing Policy?NoNew Policy Required?No
Financial ImplicationsN/A
Previous Reports ReferencedNo



EXECUTIVE SUMMARY

To update reports on Legal Matters Involving Court Action and Limited Consents that are actioned by the Planning and Development Directorate.


AUTHOR RECOMMENDATION

THAT the information be received and noted.


REPORT DETAILS

The attached reports are updated for the information of Councillors.


COMMITTEE RECOMMENDATION - PPE

THAT the information be received and noted.

(Moved Councillor A Wagstaff / Seconded Councillor W Pickering)



RESOLUTION - CCL

THAT the information be received and noted.
(Moved Councillor A Istephan / Seconded Councillor C Hindi)





APPENDIX
Appendix 1 - Legal Case Management - Public Report

Legal Case Managment - Public Report December 2010.pdf


Appendix 2 - Limited Consents Report

Limited consents report December 2010.pdf