Planning Agenda - Eurobodalla Shire Council - NSW Government

EUROBODALLA SHIRE COUNCIL 

AGENDA 

Environment, Planning and Administrative Services 

Committee Meeting 

1 August 2006

ETHICAL DECISION MAKING 


ETHICAL DECISION MAKING AND 

CONFLICTS OF INTEREST 

A GUIDING CHECKLIST FOR COUNCILLORS, OFFICERS 

AND COMMUNITY COMMITTEES 

• Is the decision or conduct legal? 

• Is it consistent with Government policy, Council’s objectives and Code of Conduct? 

• What will the outcome be for you, your colleagues, the Council, anyone else? 

• Does it raise a conflict of interest? 

• Do you stand to gain personally at public expense? 

• Can the decision be justified in terms of public interest? 

• Would it withstand public scrutiny? 

CONFLICT OF INTEREST 

A conflict of interest is a clash between private interest and public duty. There are two types of conflict: Pecuniary 

– regulated by the Local Government Act and Department of Local Government; and Non-Pecuniary – regulated by 

Codes of Conduct and policy, ICAC, Ombudsman, Department of Local Government (advice only). 

THE TEST FOR CONFLICT OF INTEREST 

• Is it likely I could be influenced by personal interest in carrying out my public duty? 

• Would a fair and reasonable person believe I could be so influenced? 

• Conflict of interest is closely tied to the layperson’s definition of “corruption” – using public office for private 

gain. 

• Important to consider public perceptions of whether you have a conflict of interest. 

IDENTIFYING PROBLEMS 

1st Do I have private interests affected by a matter I am officially involved in? 

2nd Is my official role one of influence or perceived influence over the matter? 

3rd Do my private interests conflict with my official role? 

Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned. 

AGENCY ADVICE 

Officers of the following agencies are available during office hours to discuss the obligations placed on 

Councillors, Officers and Community Committee members by various pieces of legislation, regulation and Codes. 

CONTACT PHONE EMAIL WEBSITE 

Eurobodalla Shire Council 

Public Officer 

4474-1000 council@eurocoast.nsw.gov.au www.esc.nsw.gov.au 

ICAC 8281 5999 icac@icac.nsw.gov.au www.icac.nsw.gov.au 

Local Government Department 4428 4100 dlg@dlg.nsw.gov.au www.dlg.nsw.gov.au 

NSW Ombudsman 

8286 1000 

Toll Free 1800 451 524 

nswombo@ombo.nsw.gov.au www.ombo.nsw.gov.au

Reports to Committee are presented generally by ‘exception’ - that is, only those items that do not comply 

with legislation or policy, or are the subject of objection, are discussed in a report. 

Reports address areas of business risk to assist decision making. Those areas include legal, policy, environment, asset, 

economic, strategic and financial. 

Reports may also include key planning or assessment phrases such as: 

Setback Council’s planning controls establish preferred standards of setback (eg 7.5m front; 1m side and rear); 

Envelope taking into account the slope of a lot, defines the width and height of a building with preferred 

standard of 8.5m high; 

Footprint the percentage of a lot taken up by a building on a site plan. 

Acronym Meaning Description 

ACR Australian Capital The political and strategic grouping of the ACT government and 17 

Region 

adjacent councils 

AEP Annual Exceedance For floods expressed as a % eg 1% = 1:100 year event. The NSW 

Probability 

Flood Guidelines nominate types of development and controls 

AHD Australian Height Floor levels for buildings set to remain at or above flood level 

Datum 

(expressed as 'freeboard') 

APZ Asset Protection Zone Area to be cleared and maintained around habitable buildings in 

bushfire prone areas 

ARP Arterial Road Plan 20-year plan to develop, through developer contributions, grants and 

loans, a series of link and loop roads to and around major urban centres 

AS Australian Standard Standards set by national body as minimum construction, service, 

system, planning or design requirements 

BCA Building Code of Prescribes minimum standards or performance base for building 

Australia 

construction 

CAMP Companion Animal Required by state law, plan nominating management of dogs and cats 

Management Plan and areas for access for the exercise of dogs (eg beaches and reserves). 

CC Construction Certificate Floor Plans approved by council or private certifier in compliance with 

development conditions and BCA 

CCP Coastal Capacity Plan Scientific research behind assessment of capacity of land and 

waterways in rural residential and urban expansion lands to sustain 

human settlement 

COPW Condition of Public Required by state law to define the condition of infrastructure assets, 

Works Report 

the cost to upgrade to defined standards, the current costs of 

maintenance and desired levels of maintenance 

CP Cultural Plan 

CSR Complaint and Service Requests received from public by phone, letter, email or Councillor to 

Request 

attend to certain works (eg pothole) or complain of certain service or 

offence (eg dogs barking) 

DA Development 

Required by state law to assess suitability and impacts of a 

Application 

development proposed for land 

DAP Disability Action Plan Council plan outlining proposed works and services to upgrade 

facilities to progressively meet Disability Discrimination Act 

DCP Development Control Local planning policy defining the characteristics sought in residential, 

Plan 

commercial land 

DEC Department of 

State agencies (former Environment Protection and National Parks) 

Environment and managing state lands and regulating council activity or advising on 

Conservation (formerly 

EPA, NPWS) 

development applications 

DEUS Department of Energy, State agency managing funding and approvals for town and country 

Utilities& Sustainability water and sewer services and State energy requirements. 

DOP Department of Planning State agency managing state lands and regulating council activity or 

advising on development applications or strategic planning 

DLG Department of Local 

Government 

State agency responsible for regulating local government 

DLRA Department of Lands State agency managing state lands and advising on development 

and Rural Affairs applications or crown land management 

DOC Department of 

State agency (formerly Public Works) managing state public water, 

Commerce 

sewer and buildings infrastructure and advising/supervising on council 

infrastructure construction

DoH Department of Health State agency responsible for oversight of health care (community and 

hospital) programs. Also responsible for public warning of reportable 

health risks 

DOTAP Department of Transport Federal agency incorporating the national department for local 

and Planning 

government and administering financial assistance grants 

DNR Department of Natural 

Resources 

State Agency managing natural resources. 

EBP Eurobodalla Bike Plan Strategic Plan identifying priorities and localities for cycleways in the 

EIS Environmental Impact 

Statement 

EMP Estuary Management 

Plan 

Shire 

Required for designated and state developments researching and 

recommending solutions to social, economic and environmental 

impacts 

Community based plan, following scientific research of hydrology and 

hydraulics, recommending actions to preserve or enhance social, 

EMS Environmental 

economic and environmental attributes of estuary 

Plans prepared by council (such as waste management and strategic 

Management System planning) around AS14000 

EOI Expressions of Interest Often called in advance of selecting tenders to ascertain capacity and 

cost of private sector performing tasks or projects on behalf of council 

EP&A Environment Planning State law defining types of development on private and public lands, 

& Assessment Act the assessment criteria and consent authorities 

EPAS Environment Planning Committee of council determining referred development applications 

& Administrative 

Services Committee 

and other matters 

ESD Ecologically Sustainable Global initiative recommending balance of social, economic and 

Development 

environmental values in accord with 7 ESD principles 

ET Equivalent Tenement Basis of calculation of demand or impact of a single dwelling on water 

and sewer system 

FAG Financial Assistance Federal general-purpose grant direct to local government based on 

Grant 

population and other 'disability' factors 

FSR Floor Space Ratio A measure of bulk and scale, it is a calculation of the extent a building 

floor area takes up of an allotment 

GIS Geographic Information Computer-generated spatial mapping of land and attributes such as 

System 

infrastructure, slope, zoning 

GSAHS Greater Southern Area State board commissioned with oversight of health care in Highlands, 

Health Service 

Monaro and Far South Coast 

H Division H Division Political and strategic grouping of councils along the NSW southern 

tablelands, Monaro and far south coast under the umbrella of LGSA 

discussing local government and regional issues and resourcing sharing 

initiatives 

IPART Independent Pricing & State body that reviews statutory or government business regulatory 

Regulatory Tribunal frameworks and pricing levels 

IPWEA Institute Public Works 

Engineers Australia 

Professional association 

IWCMS Integrated Water Cycle Council plan identifying risk and social, economic and environmental 

Management Strategy benefit of proposed augmentation to water, sewer and stormwater 

(or Plan) 

systems 

IWMS Integrated Waste Council plan identifying risk and social, economic and environmental 

Management 

benefit of proposed augmentation of waste (solids, effluent, 

(Minimisation) Strategy contaminated, liquid trade waste) 

LEP Local Environment Plan The statutory planning instrument defining the zones and objectives of 

urban and rural areas 

LGAct Local Government Act State law defining the role of Mayor, Councillors, staff, financing, 

approvals etc 

LGA Local Government 

Authority 

LGMA Local Government 

Managers Australia 

Professional association

LGSA Local Government & 

Shires Association 

Representative advisory and advocacy group for councils in NSW 

MEU Ministry of Energy and State agency that subsidises, approves of proposed council water and 

Utilities 

sewer augmentation 

MOU Memorandum of Agreement in principle between parties (eg council and agency) to 

Understanding 

achieve defined outcomes 

NPWS National Parks & 

Wildlife Service 

Now merged into DEC 

NRM Natural Resource 

Management 

NVC Native Vegetation State law defining means of protection of threatened legislation and 

Conservation Act approval processes to clear land 

OC Occupation Certificate Issued by council or private certifier that building is safe to occupy and 

in compliance with development conditions and BCA 

OSMS On site sewage 

management system 

Includes septic tanks, aerated systems, biocycles etc 

OSTF Our Shire the Future Brief outline of elements of shire vision 

PCA Principal Certifying The person or organisation appointed by applicant to inspect and 

Authority 

certify structures 

PIA Planning Institute 

Australia 


POEO Protection of the State law outlining standards for emissions and discharges and 

Environment Operations 

Act 

penalties for pollution 

POM Plan of Management Council plan nominating type of uses for community land and range of 

(usually for community 

land) 

facilities progressively to be provided on land 

POPE Place of Public Approvals required for clubs and halls to ensure safety measures in 

Entertainment 

place for public 

PPP Public Private 

Partnerships 

PricingPol Pricing Policy Council approach to defining type and level of fees and charges 

PTS Public Transport Council strategy to initiate mechanisms to promote and facilitate public 

Strategy 

transport (bus, taxi, community transport, cycles) in design of 

subdivisions, developments and council works 

REF Review of 

Council examination of risk and social, economic and environmental 

Environmental Factors benefit of proposed works, assessed against state planning, 

environment and safety laws 

REP Regional Environment Outlines compulsory state planning objectives to be observed in 

Planning Policy development assessment and strategic planning 

RFS Rural Fire Service State agency responsible for providing equipment and training for 

volunteer firefighter brigades, and the assessment and approval of 

developments in bushfire prone lands 

RLF Regional Leaders Forum The group of mayors and general managers representing the councils in 

the ACR 

RLS Rural Land Strategy 

RTA Roads & Traffic State agency responsible for funding, construction and maintenance of 

Authority 

state roads, the approval of council works on arterial roads and 

development applications 

S64 S64 Contributions Plan Developer contributions plan to enable, with council and state funds, 

the augmentation of water, sewer and stormwater infrastructure 

S94 S94 Contributions Plan Developer contributions to enable construction of public infrastructure 

and facilities such as roads, reserves, carparks, amenities etc. 

SCG Southern Councils Political and strategic grouping of councils along the NSW south coast 

Group 

from Wollongong to the border, lobbying government for assistance 

(eg Highways) and resourcing sharing initiatives 

SEA Strategic Environment Spatial assessment of environmental constraints of land considered in 

Assessment 

design and assessment of subdivision and infrastructure.

SEPP State Environment 

Planning Policy 

Outlines compulsory state planning objectives 

SOER State of the 

Required by state law, the comprehensive assessment (every four 

Environment Report years) of the condition and the pressures on the social, economic and 

environmental features of the Shire and appropriate responses to 

address or preserve those issues. 

SP Social Plan Required by state law, the comprehensive assessment (every four 

years) of the condition and the pressures on the social framework of the 

community, their services and facilities and economic interactions 

…….SP Structure Plan Plan promoting landuses and siting of infrastructure and facilities in 

towns (eg, BBSP – Batemans Bay Structure Plan). 

SRCMA Southern Rivers State agency commissioned with assessment and monitoring of health 

Catchment Management and qualities of catchments from Wollongong to the border, and 

Authority 

determine directions and priorities for public and private investment or 

assistance with grants 

STP Sewer Treatment Plant Primary, secondary and part tertiary treatment of sewage collected 

from sewers before discharge into EPA approved water ways or 

irrigation onto land 

TAMS Total Asset 

Computer aided system recording condition and maintenance profiles 

Management System of infrastructure and building assets 

TBL Triple Bottom Line Commercial term coined to encourage business to consider and 

disclose social and environmental risk, benefit and costs in the conduct 

of business to guide investors as to the long term sustainability and 

ethics of a business. Taken up by Council to record the basis of 

prioritisation, the review of condition, the monitor of progress and the 

financial disclosure of preventative or maintenance investment in 

council-based social and environmental activities 

TOR Terms of Reference 

TSC Threatened Species State law governing the protection of nominated species and relevant 

Conservation Act assessment and development controls 

UDIA Urban Development 

Institute Australia 


ULEP Urban Local 

Statutory planning instrument (below SEPP and REP) outlining land 

Environment Plan uses and objectives by zone in urban areas 

USS Urban Settlement Council strategy prepared with assistance of government to identify 

Strategy 

best uses and re-uses of urban lands, the appropriate siting of private 

and public investment (eg institutions, employment areas or high 

density residential) based on current and planned infrastructure and 

land capacity 

VCS Volunteer Centre Study Independent study commissioned to assess impact of earlyretirees/unemployed 

on labour market, their effect on social structures 

and mechanism to engage that group in council or commercial 

sponsored public good activities 

WCF Water Cycle Fund Combination of water, sewer and stormwater activities and their 

financing arrangements 

W & F Works & Facilities 

Committee 

Council committee considering works activities and priorities 

WSUD Water Sensitive Urban Principle behind the IWCMS and council development codes requiring 

Design 

new developments to reduce demand and waste on water resources 

through contemporary subdivision and building design


ENVIRONMENT, PLANNING AND ADMINISTRATIVE SERVICES 

COMMITTEE MEETING 

TO BE HELD IN THE COUNCIL CHAMBERS, MORUYA 

ON TUESDAY 1 AUGUST 2006 

COMMENCING AT 3.30PM 

CONFIRMATION OF MINUTES 

AGENDA 

APOLOGIES AND LEAVE OF ABSENCE 

Environment, Planning and Administrative Services Committee Meeting 

Held on 4 July 2006 

BUSINESS ARISING 

PUBLIC FORUM AND QUESTIONS FROM THE PUBLIC 

DEPUTATIONS (WITH APPROVAL OF THE MAYOR) 

QUESTIONS ON NOTICE FROM THE PUBLIC 

QUESTIONS ON NOTICE FROM COUNCILLORS Page No. 

Reply to Question Without Notice 1 



BRIEFING NOTE 

DECLARATIONS OF INTEREST 

MAYORAL MINUTE 

DELEGATES REPORTS 

ENVIRONMENT REPORTS 

P06/52 Narooma Kerbside Fuel Bowsers 5

DEVELOPMENT REPORTS 

Deputations 4.00pm Mr B James, regarding Report P06/52 

4.15pm Mr K Morgan, regarding Report P06/53 

P06/51 Development Applications Determined Under Delegated 

Authority by the Development and Natural Resources Group 4 

P06/53 Development Application No. 861/06 – Broulee 

Multi Purpose Hardcourt and Classroom Additions 13 

P06/54 Development Application No. 647/06 – Moruya 

Road Construction Through SEPP 14 Wetlands 22 

P06/55 Development Application No. 648/06 – Moruya Heads 

Pedestrian/Cycleway Construction Adjacent to Road 

Through SEPP 14 Wetlands 31 

STRATEGIC REPORTS 

P06/56 Proposed Rezoning of Moruya Airport 39 

P06/57 Draft Threatened Species Priorities Action Statement 41 

P06/58 Nominations for Moruya Structure Plan Community 

Reference Group 44 

GOVERNANCE REPORTS 

COMMUNITY SERVICES REPORTS 

INFRASTRUCTURE REPORTS 

NOTICES OF RESCISSION 

NOTICES OF MOTION 

CLOSED SESSION TO CONSIDER CONFIDENTIAL MATTERS 

In accordance with Section 10A(2) of the Local Government Act 1993, Council exclude members of the 

public from the meeting and go into Closed Session to consider the following confidential matters. 

In accordance with Section 10A(4) of the Local Government Act 1993 the Chairperson invites members 

of the public to make verbal representations to the Council on whether the meeting should be closed to 

consider the following matters. 

CONFIDENTIAL REPORTS 

Nil.

CONFIDENTIAL BRIEFINGS 

Reason for Confidentiality 

This item has been classified as confidential under the provisions of Section 10A(2)(a-h) as the General 

Manager is required to brief Councillors from time to time on confidential matters of an urgent nature. 

Discussion of the material would be contrary to the public interest for reasons relating to one or more of 

the matters prescribed by the Local Government Act 1993 Section 10A(2)(a-h). 

(a) personnel matters concerning particular individuals; or 

(b) the personal hardship of any resident or ratepayer; or 

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the 

council is conducting (or proposes to conduct) business; or 

(d) commercial information of a confidential nature that would, if disclosed; 

(i) prejudice the commercial position of the person who supplied it, or 

(ii) confer a commercial advantage on a competitor of the council, or 

(iii) reveal a trade secret, 

(e) information that would, if disclosed, prejudice the maintenance of law; or 

(f) matters affecting the security of the council, councillors, council staff or council property; or 

(g) advice concerning litigation, or advice that would otherwise be privileged from production in legal 

proceedings on the ground of legal professional privilege; or 

(h) information concerning the nature and location of a place or an item of Aboriginal significance on 

community land. 

DECLASSIFICATION OF REPORTS – Council’s policy requires consideration of the 

declassification. 

BRIEFING BY STAFF 

QUESTIONS WITHOUT NOTICE FROM COUNCILLORS 

J F LEVY 

GENERAL MANAGER


COMMITTEE MEETING HELD ON TUESDAY 1 AUGUST 2006 Page 1 

REPLY TO QUESTION WITHOUT NOTICE FROM COUNCILLOR 06.0041; 83.7480.S 

Ordinary Meeting of Council held on 23 May 2006 

QN06/57 

Apparently there has been some substantial tree clearing at an approved subdivision about 

mid way to South Heads along South heads Road Moruya fairly recently. Has the clearing 

been done in accordance with the development approval. 

Reply 

The clearing that has occurred appears to be in excess of that permitted by the approval 

granted for the premises and investigations in consultation with the Department of Natural 

Resources are continuing.



REPLY TO QUESTION WITH NOTICE FROM COUNCILLOR 06.0041 

Received from Councillor Brown via Email 25 May 2006 

21914.06 

On Thursday May 25 2006 the Magistrate of the Batemans Bay Court found a person guilty 

of illegally cutting down trees on a council reserve in Catalina. 

I understand he imposed a penalty or fine of $4,000 plus costs. Once council receives that 

money can it be applied to some sort of community benefit project in the Catalina area, 

footpath extensions or something? 

Reply 

The current budget for environmental compliance takes into account revenue received (fines 

and penalties) from Penalty Infringement Notices or prosecutions for environmental offences. 

The revenue offsets costs associated with staff time and differences between legal costs 

awarded and actual legal fees.



REPLY TO QUESTION WITHOUT NOTICE FROM COUNCILLOR 00.4878.D 

Environment, Planning and Administrative Services Committee Meeting 

held on 11 July 2006 

WQN06/44 

Councillor Kowal asked can Council guarantee that Lot 75 Blairs Road, Long Beach will not 

be approved for a strata development. 

Taken on notice. 

Reply 

Council would be obliged to accept a valid application and assess it on merit in accordance 

with statutory requirements.

DEVELOPMENT REPORT TO ENVIRONMENT, PLANNING AND 

ADMINISTRATIVE SERVICES COMMITTEE MEETING 

HELD ON TUESDAY 1 AUGUST 2006 Page 4 

P06/51 DEVELOPMENT APPLICATIONS DETERMINED UNDER 

DELEGATED AUTHORITY BY THE DEVELOPMENT AND 

NATURAL RESOURCES GROUP 06.9049 

A listing of Development Applications determined under delegated authority by the 

Development and Natural Resources Group for the period 12 June 2006 to 9 July 2006 is 

attached. 

RECOMMENDED 

THAT the report titled Development Applications determined under Delegated Authority by 

the Development and Natural Resources Group for the period 12 June 2006 to 9 July 2006 be 

received and noted. 

PHIL COSTELLO 

APPROVALS UNIT LEADER 

DEVELOPMENT AND NATURAL RESOURCES GROUP 

Attach

Development Applications Determined under Delegated Authority by the 

Development and Natural Resources Group for 12-Jun-2006 to 9-Jul-2006 

DANo FileNo Type 

Applicant Location Description Determination Est. Cost Days 

551/06 81.1684.B DEVELOPMENT Dawn Fordham, C/- 18 Mimosa Place, 

MALUA BAY 2536 

697/06 80.2472.B DEVELOPMENT Graeme Killer, C/- 18 Mimosa Place, 


711/06 85.3129.B DEVELOPMENT M Elford, C/- Barry Weeks 

PO Box 246, MORUYA NSW 2537 

726/06 81.1480.B DEVELOPMENT John & Julie Nobbs, 244 George Bass 

Drive, BATEMANS BAY NSW 2536 

749/06 80.2789.B DEVELOPMENT Katrina Scobie - Dual Design, 1/4 

Shelley Road, MORUYA NSW 2537 

739/06 85.2499.B DEVELOPMENT R J Pullen, C/- 18 Mimosa Place, 


830/06 86.3608.B DEVELOPMENT JJ & SA Roberts Constructions P/L, 

PO Box 3059, BATEHAVEN 2536 

837/06 84.1504.B DEVELOPMENT Stephen & Lilian Fox, 56 Grant Street, 

BROULEE 2537 

839/06 85.3113.B DEVELOPMENT John Edward & Judith Ann Baldock, 44 

Vista Avenue, CATALINA NSW 2536 

Lot 27, DP 23536, 1 MASSEY 

STREET, BROULEE 

Lot 24, DP 209986, 44 DENISE 

DRIVE, LILLI PILLI 

Lot 37, DP 221511, 85 BURRI 

POINT ROAD, GUERILLA BAY 

Lot 54, DP 239662, 15 FAIRVIEW 


Lot 8, DP 30365, 3 HIGH VIEW 

AVENUE, SURF BEACH 

Lot 298, DP 32008, 77 

TALLAWANG AVENUE, MALUA 

BAY 

Lot 1, DP 703984, 2 CARRAMAR 


Lot 1, DP 829805, 56 GRANT 


Lot 8, DP 547508, 44 VISTA 

AVENUE, CATALINA 

ALTERATIONS AND ADDITIONS TO 

DWELLING 


DWELLING 


DWELLING 


DWELLING 


DWELLING 


DWELLING 


DWELLING 


DWELLING 


DWELLING 

APPROVED 

$100,000 

119 

Reason Over 40 Days: Variation sought 

APPROVED 

$72,000 

Reason Over 40 Days: Fire Problems 

APPROVED 

$4,500 

Reason Over 40 Days: Fire Problems 

APPROVED 

$200,000 

Reason Over 40 Days: Workload 

APPROVED 

Reason Over 40 Days: 

APPROVED 

$77,000 

$20,000 

84 

82 

76 

69 

Workload 

Reason Over 40 Days: Objections 

APPROVED 

$6,900 

Reason Over 40 Days: Workload 

APPROVED 

$8,000 

Reason Over 40 Days: Engineer's requirements 

APPROVED 

Wednesday, 19 July 2006 Page 1 of 5 

$34,000 

61 

42 

41 

37



808/06 00.4890.B DEVELOPMENT KJ & DM Bellette, PO Box 3110, 

BATEHAVEN 2536 

877/06 04.8375.B DEVELOPMENT RPR Maintenance P/L t/as Spanline 

South Coast, PO Box 5013, SOUTH 

NOWRA 2541 

880/06 87.6856.B DEVELOPMENT John Carter, 10 Haddrill Parade, 

DALMENY 2546 

268/06 94.6812.B DEVELOPMENT Laurence & Anne Shoemark, 7 

Riverside Drive, NAROOMA 2546 

919/06 99.3467.B DEVELOPMENT Craig Downey, PO Box 396, Moruya 

NSW 2537 

911/06 90.0819.B DEVELOPMENT Brian and Pat Kelly, 9 Dulling Street, 

Dalmeny NSW 2546 

907/06 95.9392.B DEVELOPMENT MA & SE Burt, 6 Old Princes 

Highway, Turlinjah NSW 2537 

847/06 83.7399.B DEVELOPMENT Andrelyn C Applebee, 4/24 Woolcott 

Street, WAVERTON NSW 2060 

925/06 82.5533.B DEVELOPMENT Peter Andrew Stocks, 4 Bathurst Place, 

Macquarie ACT 2614 

M1211/ 81.0545.B MODIFICATION Shannon Gobsill & Rodney Tipper, 3 

Bottlebrush Place, MALONEYS 

BEACH 2536 

932/06 94.7350.B DEVELOPMENT One Tree Constructions, PO Box 

3056, TUROSS HEAD 2537 

Lot 133, DP 838626, 5 CRINUM 

PLACE, CATALINA 

Lot 1, DP 1064369, 6 BIMBULAR 

STREET, DALMENY 

Lot 277, DP 30169, 10 HADDRILL 

PARADE, DALMENY 

Lot 2, DP 125770, 7 RIVERSIDE 

DRIVE, NAROOMA 

Lot 1, DP 852332, 121 CONGO 

ROAD, MORUYA 

Lot 252, DP 30169, 9 DULLING 


Lot 118, DP 752137, 6 OLD 

PRINCES HWY, TURLINJAH 

Lot 4, DP 30687, 12 MASSEY 


Lot 14, DP 225184, 37 SALMON 

STREET, TUROSS HEAD 

Lot 70, DP 247678, 3 

BOTTLEBRUSH PLACE, 

MALONEYS BEACH 

Lot 101, DP 218664, 8 MARLIN 

STREET, TUROSS HEAD 


DWELLING 


DWELLING 


DWELLING 


DWELLING 


DWELLING 


DWELLING 


DWELLING 


DWELLING 


DWELLING 


DWELLING 


DWELLING 

APPROVED 

APPROVED 

APPROVED 

APPROVED 

APPROVED 

APPROVED 

APPROVED 

APPROVED 

APPROVED 

APPROVED 

APPROVED 

Wednesday, 19 July 2006 Page 2 of 5 

$15,000 

$8,450 

$3,000 

$2,000 

$70,000 

$4,000 

$70,000 

$180,000 

$22,000 

$0 

$200,000 

36 

34 

34 

29 

25 

25 

23 

17 

16 

15 

13



915/06 80.1623.B DEVELOPMENT Richard Blundell, 132 Hawkesbury 

Crescent, FARRAR ACT 2607 

Lot 3, DP 22821, 35 GRANT 


866/06 87.6196.B DEVELOPMENT M Husband, PO Box 411, Moruya 2537 Lot 5, DP 1069899, 20-24 BROWN 

CLOSE, MORUYA HEADS 

855/06 05.9102.B DEVELOPMENT Garry Ebbeling, PO Box 500, 

NAROOMA 2546 

860/06 06.0302.B DEVELOPMENT Stuart Brown, C/- 18 Mimosa Place, 


825/06 87.6178.B DEVELOPMENT Ebacliff Pty Limited, 3101 Riversleigh 

Drive, HOPE ISLAND QLD 4212 

757/06 06.0262.B DEVELOPMENT R & P Ridley C/- Beechwood Homes, 

PO Box 519, NOWRA NSW 2541 

748/06 06.0257.B DEVELOPMENT TT Architecture P/L (David Simon), 

PO Box 5282, KINGSTON ACT 

2604 

729/06 06.0250.B DEVELOPMENT Gary & Tanja Eldering C/- Masterton 

Homes, 76 Heathcote Road, 

MOOREBANK 2170 

857/06 94.6267.B DEVELOPMENT Clarendon Homes, PO Box 139, 

BATEMANS BAY 2536 

494/06 05.9552.B DEVELOPMENT Tomi Milin, Suite 4/16 Bougainville 

Street, MANUKA ACT 2603 

878/06 82.5652.B DEVELOPMENT Alexander Christie, 50 Forest Parade, 

TOMAKIN 2537 

Lot 83, DP 1013850, RAINFOREST 

PARKWAY, NAROOMA 

Lot 11, DP 1061975, SHANE 

CRESCENT, BERGALIA 

Lot 32, DP 29840, 9 DROMEDARY 

DRIVE, MYSTERY BAY 

Lot 422, DP 1093357, 15 MAWSON 

PLACE, SUNSHINE BAY 

Lot 1, DP 1016146, 76 FOREST 

PARADE, TOMAKIN 

Lot 27, DP 208932, 13 LONG 

POINT STREET, POTATO POINT 

Lot 289, DP 31234, 58 SUNSET 

BLVDE, KIANGA 

Lot 80, DP 214003, 17 JOSEPH 

STREET, BATEHAVEN 

Lot 274, DP 216160, 45 DEAKIN 



DWELLING 


DWELLING 

APPROVED 

APPROVED 

$40,000 

$24,000 

DWELLING - RURAL APPROVED 

$71,000 37 

DWELLING - RURAL APPROVED 

$70,000 17 

DWELLING - URBAN APPROVED $314,000 50 



Reason Over 40 Days: 

13 

10 

Variation sought 




Reason Over 40 Days: Amended Plan 





Wednesday, 19 July 2006 Page 3 of 5



894/06 06.0285.B DEVELOPMENT Lanfear c/ Havatu Pty Ltd, PO Box 

861, Nowra NSW 2541 

793/06 06.0139.B DEVELOPMENT Simon & Gemma French, 21 Andrew 

Avenue, TUROSS HEAD NSW 2537 

M684/0 03.7859.B MODIFICATION DARREN & NICOLE BROWNING, 

PO BOX 938, BATEMANS BAY 2536 

M9944/ 89.2903.B MODIFICATION Graeme Bell, PO Box 3019, TUROSS 

HEAD NSW 2537 

838/06 04.8329.B DEVELOPMENT Allan & Beverly Smith, PO Box 199, 

BODALLA NSW 2545 

828/06 01.5690.B DEVELOPMENT Barry & Jeanie Miller, 58 Kettle Road, 

LONG BEACH NSW 2536 

893/06 93.5165.B DEVELOPMENT Trevor M Flanagan, 36 Casey 

Crescent, MYSTERY BAY NSW 2546 

874/06 97.1653.B DEVELOPMENT Meg & Michael Couvee, 337 South 

Heads Road, MORUYA 2537 

737/06 89.2829.B DEVELOPMENT Peter James Box & Michael Anthony 

Box, 3 Warrina Court, WODONGA 

3690 

M973/0 03.7232.B MODIFICATION Phillip & Sandra Sale, 39 Rose Street, 

ANNANDALE 2038 

852/06 84.0059.B DEVELOPMENT W J & L M Drury, 19 John Reilly 

Street, DALMENY 2537 

Lot 91, DP 1072247, 24a SHORE 

STREET, MORUYA 

Lot 33, DP 806649, 15 VIEWPOINT 

COURT, TUROSS HEAD 

Lot 460, DP 512433, 71 FOREST 


Lot 55, DP 208932, 60 LONG 

POINT STREET, POTATO POINT 

Lot 6, DP 1046290, 5 JADE PLACE 

(ROW), BODALLA 

Lot 9, DP 1011420, KETTLE 

ROAD, LONG BEACH 

Lot 29, DP 707370, 36 CASEY 

CRESCENT, MYSTERY BAY 

Lot 1, DP 837905, 337 - 339 

SOUTH HEAD ROAD, MORUYA 

HEADS 

Lot 395, DP 31234, 8 SUNSET 

BLVDE, KIANGA 

Lot 7, DP 806104, 

MULLIMBURRA POINT ROAD, 

BINGIE 

Lot 312, DP 30820, 19 JOHN 

REILLY STREET, DALMENY 




DWELLING - URBAN APPROVED 

$0 6 

GARAGE - RESIDENTIAL APPROVED 

$8,500 40 


$4,500 32 


$8,500 28 


$10,000 27 


$14,400 25 


$0 16 

GAZEBO APPROVED 

$10,000 21 




887/06 98.2457.B DEVELOPMENT Gerhard Wilke, 76 Bodalla Park Drive, 

BODALLA NSW 2545 

833/06 05.9413.B DEVELOPMENT A C & G I Goldsby, 24 Broomfield 

Crescent, LONG BEACH 2536 

281/06 92.7347.B DEVELOPMENT F Grundic, 7 Ocean Close, 

SURFBEACH 2536 

841/06 84.0796.B DEVELOPMENT Marilyn Ayres C/- Blue haven Pools, 

373 Princes Highway, ALBION PARK 

2527 

921/06 06.0340.D DEVELOPMENT Douglas T Kelly, 24 Kookaburra Place, 

Bodalla NSW 2545 

Lot 22, DP 850345, 76 BODALLA 

PARK DRIVE, BODALLA 

Lot 9, DP 1080393, 24 

BROOMFIELD CRESCENT, LONG 

BEACH 

Lot 13, DP 758688 , Sec 13 , 26 

CHURCH STREET, MOGO 

Lot 141, DP 24833, 28 HARRISON 


Lot 98, DP 859415, 24 

KOOKABURRA PLACE, BODALLA 

MACHINERY SHED APPROVED 

$6,000 32 

RETAINING WALL APPROVED 

$2,000 34 

STORAGE SHED REFUSED 

$9,900 105 

Reason Over 40 Days: Illegal Work 

SWIMMING POOL APPROVED 

$33,000 39 

TREE REMOVAL APPROVED 

$0 0 


No. Of Apps 

4.5 

4 

3.5 

3 

2.5 

2 

1.5 

1 

0.5 

0 

Amended Plan Engineer's 

requirements 

DA Delay > 40 days: 12/06/2006 - 9/07/2006 

Fire Problems Illegal Work Objections Variation sought Workload 

REASON 

Outbuildings 

Garage 

Dwellings 

Additions

No. of Apps 

25 

20 

15 

10 

5 

0 

Additions 

Dams/LandClearing 

Monthly DA Consents: 12/06/2006 - 9/07/2006 

Dwellings 

Garage 

Minor Structures 

Type 

Modification 

Outbuildings 

Pools 

Subdivision/Strata 

70+ 

61-70 

51-60 

46-50 

41-45 

36-40 

30-35 

26-30 

21-25 

16-20 

11-15 

06-10 

00-05

No. of Apps 

8 

7 

6 

5 

4 

3 

2 

1 

0 

DAs -Turnaround Ranges: 12/06/2006 - 9/07/2006 

00-05 06-10 11-15 16-20 21-25 26-30 30-35 36-40 41-45 46-50 51-60 61-70 70+ 

Days Taken 

Subdivision/Strata 

Pools 

Outbuildings 

Modification 

Minor Structures 

Garage 

Dwellings 

Dams/LandClearing 

Additions

No. of Apps 

4.5 

4 

3.5 

3 

2.5 

2 

1.5 

1 

0.5 

0 

DAs - Days Taken To Completion: 12/06/2006 - 9/07/2006 

00-05 06-10 11-15 16-20 21-25 26-30 30-35 36-40 41-45 46-50 51-60 61-70 70+ 

Days Taken 

Additions Dams/LandClearing Dwellings Garage Minor Structures Modification Outbuildings Pools Subdivision/Strata

DA Turnarounds - Monthly Statistics - Determinations from 12/06/2006 to 9/07/2006 

CATEGORY TOTAL 00-05 06-10 11-15 16-20 21-25 26-30 30-35 36-40 41-45 46-50 51-60 61-70 70+ 

APPLICATIONS 

Additions 21 1 2 2 3 1 2 2 2 2 4 

Dams/LandClearing 1 1 

Dwellings 11 3 1 1 1 4 1 

Garage 5 1 2 1 1 

Minor Structures 2 1 1 

Modification 4 1 2 1 

Outbuildings 2 1 1 

Pools 1 1 

Subdivision/Strata 7 1 1 1 1 1 2 

TOTAL 54 2 2 4 7 6 4 6 5 7 1 1 2 7 

REASON TOTAL Additions Dwellings Garage Outbuildings 

APPLICATIONS 

Amended Plan 2 1 1 

Engineer's requirements 1 1 

Fire Problems 2 2 

Illegal Work 1 1 

Objections 4 1 3 

Variation sought 2 1 1 

Workload 3 3 

TOTAL 15 8 5 1 1 

Benchmark(days) Met All % 

Benchmark 

Dwelling & Residential Additions 20 8 37 22% 

Outbuildings & Minor Structures 15 0 4 0% 

Modifications to Consent 10 1 4 25%

ENVIRONMENT REPORT TO ENVIRONMENT, PLANNING AND 



P06/52 NAROOMA KERB-SIDE FUEL BOWSERS 81.0219.B 

SYNOPSIS 

This report details the known history and characterises the risks associated with the operation 

of an underground petroleum storage system (UPSS) and fuel dispenser located within the 

footpath reserve adjacent to the Volume Plus Service Station at 90 Campbell Street Narooma. 

In consideration of the location the report makes recommendations about the future of the 

bowser and UPSS. 

BACKGROUND 

The Service Station is located at 90 Campbell Street Narooma on the western side of the 

Highway and downhill from the Narooma Cinema. According to the owners of the property 

the sale of petroleum from the site has been conducted on the premises since the early 1900’s 

with up to 7 dispensing bowsers located within the road reserve. 

One combined unleaded petrol and diesel fuel bowser currently remains within the road 

reserve, on the footpath immediately adjacent to the kerb. This bowser services the public 

with unleaded petrol and diesel fuel and is the only diesel dispensing bowser at the premises. 

The proprietor advises that this bowser is mainly used for diesel because of the size of 

vehicles requiring diesel fuel and on-site manoeuvrability constraints. 

Diesel was previously dispensed from the bowser at the side of the premises, frequently 

requiring vehicles to reverse out of the service station. With the increasing popularity of 

diesel sales the dispensing point was relocated to the kerb-side bowser. Relocation of the 

diesel dispensing point from the kerb-side to the pump-island wholly within the service 

station premises is possible and would provide a diesel dispensing point accessible to larger 

vehicles and facilitate forward movement of vehicles from the premises. 

The installation also includes a mix of active and decommissioned underground petroleum 

storage systems (UPSS) within the nature strip. The operator of the business does not 

currently hold a licence for the underground installations or to dispense fuel from Council 

land. 

Following redevelopment of the site in 1967 the then Department of Main Roads in 

consultation with NSW Police wrote in 1972 advising “The kerbside pumps should be 

removed now that the Service Station has been established and it would be appreciated if you 

could suggest any way in which Council might assist in obtaining their removal”. 

Recent enquiries with the Road and Traffic Authority confirmed their ongoing desire to have 

the remaining pump removed due to the unacceptable risks posed by having a fuel dispensing 

bowser immediately adjacent to an active traffic lane on a major highway. 

Council’s Risk Management Committee foreshadowed that fuel bowsers on public land may 

need to be removed at its September 2005 meeting. The situation at the Narooma Service 

Station is one of two such installations requiring investigation from a risk management 

perspective.





The risk assessment was undertaken in November 2005 and conveyed by letter to the owners 

with an invitation to provide comment that could be considered in the preparation of this 

report. 

ISSUES 

The site owner initially advised that the premises are currently under two leases with the fuel 

sales lease expiring in June 2008 and workshop lease expiring in December 2008. The owners 

also expressed their desire to redevelop the site for a combination of residential and retail 

outlets over a 5 to 7 year timeframe. 

Further correspondence from the owner has advised of a desire to proceed with 

redevelopment of the site more quickly than originally indicated and he has commenced 

preparing conceptual planning options for redevelopment of the site. 

In response to specific matters raised in the risk assessment forwarded to the site owners the 

following information was provided. 

1. Spillage/Pollution 

“We are aware of the importance of an occurrence of spillage. It is very minimal today 

compared to years ago when waste management was not an issue. We ensure proper 

maintenance of pump nozzels to avoid any cause of spillage. Should a spill occur, a cleanup 

is carried out immediately in the correct manner”. 

2. Tank on drivers side/ driver operator hit by car 

“The main use of the bowser in question is dispensing diesel with most vehicles being 

4WD and light trucks with filling point on the left-hand side. Where the filling point is on 

the right-hand side we encourage customers to exercise common sense by using the inside 

area to fill up and to also vacate as quickly as possible” 

3. Pedestrian hit/splashed by fuel 

“In forty-five years I have never seen anyone splashed by fuel spillage. As previously 

stated, any spillage is delt with immediately in the correct manner.” 

4. Explosion from ignition 

“The pump ignition is a fuel bowser dispensing diesel and unleaded petrol. Diesel is the 

main product sold and risk of ignition is unlikely. Unleaded petrol, agreed, is high-risk 

fuel, but in fifty plus years , we have never experienced any problem. I would be prepared 

to cease the sale of unleaded fuel from this pump, but to remove it and lose diesel sales 

would be disastrous for the reseller and landlord”.





5. Traffic Hazard 

“If the bowser were removed we would have to dispense diesel from a bowser located on 

the northern part of the driveway, as was the case twenty yeas ago. We changed 

dispensing diesel from this pump because after filling, trucks would then have to reverse 

back onto the highway, thus impeding the traffic flow. RTA (investigations) reviewing this 

situation was satisfied with the necessity not to reverse onto the highway, thereby 

allowing filling on the footpath area. The approval of this practice was deemed preferable 

than having a large vehicle parked on the highway all day” 

6. Redirection of pedestrians onto the road. 

“All pedestrians and scooter users proceed onto the inside of the driveway, not on the 

road.” 

7. Business on Council footpath 

“The service station was built in the 1890’s and the petrol bowsers installed in early 

1900’s. In the early years we had seven bowsers, but currently one only. We do encourage 

customers with right-hand fuel fillers to use the inside footpath area as a matter of safety 

and commonsense, and then to vacate as quickly as possible to enable the area to be kept 

clear.” 

The long-tern future is to redevelop this site to residential/shops as indicated in the latest 

LEP. We are presently considering the future and would like to commence any planning 

negotiations with a likelihood of redevelopment in say 5 to 7 years”. 

The present leases of the property are: 

• Petrol (3.5 years to run) 

• Workshop area (4 years) 

I hope I have covered all your concerns as stated above. Our main control in place is to 

redevelop this site as soon as possible however, in the meantime, could any direction to 

remove the bowser please be considered accordingly, in a fair timeframe.” 

LEGAL 

Conditions of consent for redevelopment of the premises in 1967 required the removal of the 

kerb-side pumps. Following representations by the then Minister for Conservation, Jack 

Beale MLA, the removal of the pumps was not fully pursued. Since this time there has been a 

considerable increase in legislative activity dealing with public safety and environmental 

protection. 

The Department of Environment and Conservation (DEC) in 2006 prepared a draft Regulation 

to control and regulate the storage of petroleum products (including waste oils) in 

underground petroleum storage systems (UPSS) in NSW. It is proposed that the new 

regulation would mandate a preventative approach to minimise the risk of soil and 

groundwater contamination from leaking underground storage tanks (which are part of 

underground petroleum storage systems or UPSS). In particular, these leaks are potentially a 

significant source of groundwater contamination, and remediation can be extremely costly, 

technically difficult and time consuming.





The proposed Regulation provides for early detection of leaks, reporting and investigation of 

leaks, and the implementation of appropriate operational management systems at all UPSS 

sites. It also focuses on a preventative approach to minimise the risk of soil and groundwater 

contamination and its objective is to reduce the environmental risks and harm caused to 

human health from leaking UPSS. 

The main elements of the proposed Protection of the Environment Operations (Underground 

Petroleum Storage Systems) Regulation 2005 are: 

• A phased adoption of performance standards that are consistent with the Code of Practice, 

The Design, Installation and Design of Underground Petroleum Storage Systems (UPSS), 

published by the Australian Institute of Petroleum Ltd and the EPA Victoria 2003 

Guidelines on the Design, Installation and Management Requirements for Underground 

Petroleum Storage Systems. The performance requirements include the: 

- adoption of leak prevention systems 

- adoption of systems for early detection of leaks 

- need for timely and consistent reporting when UPSS leaks are discovered 

- appropriate investigation of a leaking UPSS and, where necessary, the clean-up action 

that is required. 

- Implementation of appropriate operational management systems at all UPSS sites. 

• Local councils must be notified when a UPSS is decommissioned so that possible site 

contamination can be investigated and remediated where necessary. 

• To declare the EPA as the appropriate regulatory authority for UPPS-related pollution 

incident reporting and for compliance with UPSS management standards for the initial 4 

years. 

It is important to recognise that under the POEO Act it is an offence if fuel tanks are leaking 

or substances are escaping from a UPSS causing environmental harm (for example, the 

pollution of waters). While the proposed Regulation will introduce new standards for UPSS 

equipment and its operation, it will rely on existing notice powers and offences under the 

POEO Act. 

ENVIRONMENTAL 

Petroleum products stored in underground tanks in NSW include petrol, diesel, kerosene, 

heating oil, aviation fuel and waste engine lubricating oil. Historically, underground tanks 

have been single-walled steel tanks with metal pipework connecting the tank to aboveground 

fill points and bowsers. Over time, these components become subject to corrosion 

(particularly where the surrounding soil is moist) and can create holes in the tanks or piping. 

There are many instances in NSW where corrosion or breakage of a part of the underground 

infrastructure has resulted in petroleum leaking into the environment. 

The release of petroleum through leaks and spills can contaminate the soil, groundwater, 

surface water and air. The New South Wales State of the Environment Report 2003 identified 

leaking underground storage tanks as a potentially significant source of groundwater 

contamination.





The release of petroleum-based substances into the environment often results in significant 

impacts on groundwater and surface water ecosystems and makes the groundwater unsuitable 

for use. Approximately 250 compounds have been identified as components of petroleum 

hydrocarbons but toxicity data is available on only 95 of these compounds. At least a quarter 

of these are known to be carcinogenic, toxic, persistent, or to bioaccumulate in certain 

circumstances. 

Some of the major components of petroleum hydrocarbons that can cause significant harm to 

health and/or environmental damage through leaks, spills and escapes include: 

• Benzene – a known human carcinogen 

• Benzo[a]pyrene, benzo[a]anthracene, dibenzo[a,h]anthracene – probable human 

carcinogens 

• Gasoline mixtures and used oil which have been evaluated as probable human carcinogens 

• Toluene and ethyl benzene – known to be toxic to humans (affecting the liver) 

• Benzene, toluene, ethyl benzene and xylenes – chronic and acutely toxic in the aquatic 

environment. Some compounds (e.g. benzo[a]pyrene) have the potential to bioaccumulate 

• Petroleum hydrocarbons – toxic to plants. The toxicity depends on the plant species, soil 

type, and the actual group of compounds comprising the hydrocarbons. 

Exposure to petroleum hydrocarbons from leaking UPSS most often occurs in the following 

ways: 

• off site movement through groundwater and surface water, affecting the health of humans 

and other species 

• inhalation of volatile hydrocarbon vapours that are toxic and carcinogenic 

• the build up of potentially explosive levels of volatile hydrocarbon vapours in utility and 

storm water pipes, building basements and car parks. 

Leaking UPSS also have direct financial impacts on industry. Even a low rate leak can 

translate to a significant quantity of lost fuel if the leak remains undetected for a long period 

of time. This is a direct economic loss to the UPSS owner or operator. Secondly, once a leak 

has been identified clean up of contaminated soils and groundwater can be extremely costly, 

technically difficult and time consuming, and the clean-up outcome is not necessarily assured. 

Thirdly, where contamination affects surrounding properties the UPSS occupier may be liable 

for third party damages.





RISK AND LIABILITY 

There are a number of risks that are associated with the use of the UPSS and fuel bowsers at 

Narooma, including but not limited to the following: 

• Spill hazards 

• Traffic hazards 

• Fire hazards 

• Business being conducted on Council’s footpath 

• Potential for soil and groundwater contamination from a leaking UPSS including 

contamination of Council land 

• Collision of vehicles with active fuel dispensing bowser 

Council has a duty of care to minimise risk and liabilities identified on council owned or 

managed land. 

In order to manage risks and provide a safe environment, Council must demonstrate that 

appropriate and adequate actions have been implemented to mitigate and control hazards and 

reduce Council's liability exposure. 

Council's Liability Policy excludes coverage arising directly or indirectly out of discharge, 

release or escape of pollutants, including the cost of removing or cleaning up, unless the event 

was a sudden identifiable, unintended and unexpected event. 

Based on the above, in the event Council is brought into an action concerning environmental, 

pollution, loss and/or damage associated with the UPSS and fuel bowers, Council may be 

faced with vast uninsured losses. 

FINANCIAL 

Council would charge up to $500/year for a conditional licence to use its land (depending on 

the costs associated with granting a licence). In addition the EPA estimates the cost of 

compliance with the proposed regulation for existing UPSS to be: 

Primary Leak Detection System $420/tank/year 

Management Plan $2200/service station 

Groundwater Monitoring: 

• Installation $6000/service station 

• Monitoring $2200/service station/year





OPTIONS 

The following are suggested as options to minimise risk with regard to the operation of the 

UPSS from public land: 

1. The dispensing of diesel fuel can be effectively relocated to the fuel pump island 

situated at the front and totally within the service station premises. This location 

facilitates the forward movement of all vehicles for entry and departure from the site. 

2. Require the decommissioning of the UPSS and the removal of all associated fuel 

dispensing equipment from Council land. Investigation into whether remediation 

works are necessary would be essential. 

3. Require the proprietor to apply to Council for a licence to operate the UPSS and fuel 

bowsers from Council land. Stringent conditions would need to be attached to any 

licence to ensure environmental best practice and manage all associated risks. 

CONCLUSION 

The owners of the premises acknowledge in their reply that the site is not well suited to its 

current use as a service station and are investigating redevelopment options. The timing and 

full realisation of any future redevelopment options cannot be accurately predicted and 

therefore redevelopment of the site cannot be relied upon as the catalyst for resolving the 

current risk management issues associated with the kerbside dispensing of fuels. 

Diesel fuel can continue to be dispensed from the premises by conversion of an existing 

unleaded petrol bowser situated on the pump island at the front and totally within the service 

station site. This would effectively result in a net reduction of two unleaded petrol dispensing 

points at the premises but allow for the ongoing supply of the full range of fuels currently 

available from this service station. 

The UPSS and fuel bowsers have been operated on Council land without conditional licences 

for a significant period of time. There are a number of risks associated with the retail of 

petroleum products from the site. NSW Police and RTA have historically objected to the 

ongoing operation of the kerb-side bowser on safety grounds. 

The EPA proposes further regulation of the fuel industry in recognition of the risks involved. 

If the UPSS and associated equipment are allowed to remain the prevention and monitoring 

regime will need to be upgraded either via regulation or conditional licence. If the UPSS and 

associated equipment is required to be decommissioned investigation would need to occur to 

determine whether any remediation is necessary. 

The ability of the proprietor to comply with current best practice safety and environmental 

conditions necessarily required by any licence granted by Council is not envisaged and 

therefore this option is not recommended to Council.





RECOMMENDED 

THAT: 

1. The owner of the Narooma Volume Plus Service Station premises at 90 Campbell St 

Narooma be required to; 

(a) remove the kerb-side fuel dispensing bowser from the road reserve within 6 

months and restore the footpath; 

(b) employ suitably qualified persons to complete the following works by 30 June 

2007 : 

(i) remove all active and decommissioned UPSS infrastructure and associated 

equipment from Council land 

(ii) investigate whether remediation works are necessary 

(iii) carry out all necessary remediation works 

2. The traffic committee investigate the need to install “no stopping” or other signage at 

the location of the existing fuel dispensing bowser in order to ensure adequate site 

distances are maintained for vehicles exiting the premises. 

PETER CAMPBELL 

ENVIRONMENTAL HEALTH PROTECTION UNIT LEADER 

DEVELOPMENT AND NATURAL RESOURCES




P06/53 DEVELOPMENT APPLICATION NO: 861/06– BROULEE 02.6410.D 

MULTI-PURPOSE HARDCOURT & CLASSROOM ADDITIONS 02.6410.B 

Applicant: St. Peters Anglican College 

Land: Lot 1 DP 1037342, No. 61 Train Street, Broulee 

Area: 10.87 ha 

Floor Space Ratio: complies 

Setbacks: complies 

Height: complies 

Zone: 2g Residential - General - Urban LEP 1999 

Current Use: Educational Establishment 

Proposed Use: Educational Establishment 

Description: Multi Purpose Hardcourt & Classroom Additions 

Permitted in Zone: Yes, with the consent of Council 

DA Registered: 24 May 2006 

Reason to EPAS: Deemed potentially controversial within locality 

Recommendation: APPROVAL 

SYNOPSIS 

This application consists of a multi-purpose hardcourt and a minor extension to an existing 

technical workshop. The proposal is considered to be potentially controversial given the 

history of complaints in regard to the existing hardcourt on the site. One objection has been 

received on behalf of concerned local residents. 

The proposal satisfies the objectives of the 2g Residential – General zone and is not 

considered to impact unsatisfactorily on the amenity of nearby residences. This report 

recommends APPROVAL of the application. 

BACKGROUND 

The application includes a 45m² addition to an existing technical/design workshop. The 

addition aims to increase student workspace and safety. A 32m x 19m multi-purpose 

hardcourt is proposed to be located approximately 100m from the eastern boundary and 

adjoining residences.






ISSUES 

The application has been assessed in accordance with the provisions of the Environmental 

Planning and Assessment Act, 1979. A Development Assessment Sheet has been completed to 

show that all considerations under Section 79C of the Act have been examined. It will be 

available at the meeting. It is considered that the following matters are relevant. 

Legal/Mediation 

Eurobodalla Urban Local Environmental Plan 

The proposed development is permitted with consent and satisfies the following objectives of 

the Urban LEP in respect of the 2g Residential - General zone: 

(a) to encourage a variety of residential development, while maintaining a generally low 

density residential character, by permitting: 

(i) limited non-residential uses, and 

(ii) a variety of residential uses in small scale buildings comparable to single 

dwelling-houses, and 

(b) to ensure new development in the zone has regard to the beneficial features of the 

character of the area in which it is proposed, and 

(c) to provide for non-residential uses that are compatible with other land uses in the 

locality, service local residents or, in the case of public authority premises, need to be 

close to residences in the zone.






Policy 

Development Control Plans 

The only DCP applicable to this proposal is the Eurobodalla Parking Code. The Code bases 

parking requirements for educational establishments on student numbers. This proposal does 

not generate an increase in student numbers and therefore does not create additional parking 

requirements. 

Yellow-Bellied Glider Conservation Policy 

The proposal does not require the removal of any trees and therefore does not impact on the 

Yellow-Bellied Glider Conservation Policy. 

Consultation 

This application was notified and advertised in accordance with Council’s Advertising and 

Notification DCP. One submission was received in respect of the application. The submission 

outlined concerns in regard to the following: 

1. The size of the proposed court compared to the existing hardcourt. 

Comment: The sizes of both courts are similar. 

2. Are the new courts replacing the existing court? 

Comment: While not necessarily replacing the existing courts that are fenced off and not in 

use due to complaints from nearby residents the school requires a usable hardcourt which this 

proposal aims to provide. Usage of the court is therefore expected to reflect the previous use 

of the existing court e.g. primarily basketball and tennis. The future use of the existing court 

area is yet to be determined and requires further consultation between the school, Council, 

and residents. Determination of this DA is not considered to be dependent on this issue. 

3. Lighting, out-of-hours usage. 

Comment: No lighting is proposed and the applicant proposes use of the courts between 

8am-5pm Monday to Saturday only. This will be reflected in the terms of any consent issued. 

4. Will the courts be built before or after other approved school buildings are built? 

Comment: The court can potentially be built before any other approved buildings are 

constructed. This is not considered to be an issue, given the distance of approx. 100m between 

the proposal and the property boundary adjoining neighbouring residences. It is 

acknowledged, however, that construction of the future primary module will provide 

additional screening and buffering between the proposal and adjoining residences.






5. Should be built closer to George Bass Drive. 

Comment: There is approx. 100m between the proposal and nearby residences and there are 

no identified unsatisfactory amenity impacts that would justify refusal or a request to relocate 

the proposal further west. An alternative location closer to George Bass Drive would place the 

proposal west of the approved future admin & chapel buildings which may compromise the 

functionality of the courts due to the distance to student classrooms and other student 

recreational areas. There may also be issues of student safety in areas close to the major road. 

Construction of the courts in this area would necessitate the removal of a significant number 

of trees in an area previously approved as a landscape zone on a site that is subject to the 

sugar glider conservation policy. The proposed site for the court is already cleared. 

6. Courts still too close to residential properties. 

Comment: Refer points 4 & 5. Proposed location is considered satisfactory. 

Financial 

Section 64 & 94 contributions are deemed N/A due to the minor nature of the additions and 

non-intensification of use as defined by student numbers. 

CONCLUSION 

The proposal complies with the objectives of the LEP and with planning policy applying to 

the land. An assessment of the proposed development in accordance with the requirements of 

S79c of the Environmental Planning and Assessment Act 1979 does not reveal any identified 

adverse or unsatisfactory impacts. 

RECOMMENDED 

THAT Development Application No 861/06 for Multi Purpose Hardcourt and Classroom 

Additions on Lot 1 DP 1037342, No. 61 Train Street, Broulee dated 24 May 2006 as shown 

on Plan Number 06/861 and described in details accompanying the application be 

APPROVED under Section 80(1) of the Environmental Planning and Assessment Act, 1979 

for the following reasons and subject to the listed conditions: 

To ensure the proposed development: 

(a) achieves the objects of the Environmental Planning and Assessment Act, 1979; 

(b) complies with the provisions of all relevant environmental planning instruments; 

(c) is consistent with the aims and objectives of Council’s Development Control 

Plans, Codes and Policies. 

To ensure the protection of the amenity and character of land adjoining and in the 

locality of the proposed development. 

To minimise any potential adverse environmental, social or economic impacts of the 

proposed development.






1. This development is to be carried out in accordance with the plans stamped and 

numbered 06/861 and supporting specifications and documentation or as modified by 

these conditions or as noted in red by Council on the approved plans. 

Note: Any alteration to the plans and/or documentation shall be submitted for the 

approval of Council. Such alterations may require the lodgement of an 

application to amend the consent under s96 of the Act, or a fresh development 

application. No works, other than those approved under this consent, shall be 

carried out without the prior approval of Council. 

Where there is an inconsistency between the documents lodged with this 

application and the following conditions, the conditions shall prevail to the 

extent of that inconsistency. [ 2.05 ] 

2. Inspections & Certificates 

For the purposes of section 109E(3)(d) of the Environmental Planning and Assessment 

Act, the following are occasions on which building work must be inspected. These 

inspections are the critical stage inspections. 

The critical stage inspections may be carried out by the Principal Certifying Authority 

or, if the Principal Certifying Authority agrees, by another certifying authority. The 

last critical stage inspection required to be carried out for the class of building 

concerned must be carried out by the Principal Certifying Authority. 

In the case of a class 5, 6, 7, 8 or 9 building, the development site must be inspected: 

(a) at the commencement of the building work, and 

(b) prior to covering any stormwater drainage connections, and 

(c) after the building work has been completed and prior to Occupation Certificate 

being issued for the building. 

3. All building work must be carried out in accordance with the provisions of the 

Building Code of Australia (BCA).[23.01] 

4. Hardcourt - Hours of Use 

Use of the hardcourt is restricted to between the hours of 8.00am - 5.00pm Monday to 

Saturday only. 

5. Tree Preservation Order 

The land is within an area over which a Tree Preservation Order has been gazetted and 

this Order prohibits the ringbarking, cutting down, topping, lopping, removing, 

injuring or willful destruction of any tree without the consent of Council. [16.01]






6. Long Service Levy 

A Construction Certificate cannot be issued until PCA has sighted a receipt or 

received $210.00 which is the amount payable for the Long Service Levy. [ 0004 ] 

7. Erosion and Sedimentation Control 

Install such measures as are necessary to effectively control soil erosion on the site and 

prevent silt discharge into drainage systems and waterways in accordance with 

Council's Policy - Erosion and Sediment Control from Building Sites. These controls 

are to remain in place until the development is completed and/or disturbed areas 

stabilised. In this regard, warning signs (minimum of two) to promote the awareness 

of the importance of the maintenance of sediment control techniques have been 

supplied with this consent. You are required to attach the signs to sedimentation 

fences with wire ties on the most prominent sediment fence or erosion control device, 

spaced every 20m, for the duration of the project. 

Note: On-the-spot fines may be imposed by Council for non-compliance with this 

condition.[11.13] 

8. A sign must be erected on a prominent position on any site on which building work, 

subdivision work or demolition work is being carried out showing the name, address 

and telephone number of the Principal Certifying Authority for the work, and name of 

the principle contractor for the work and telephone number on which that person may 

be contacted outside working hours, and stating that unauthorised entry to the site is 

prohibited. 

Such sign is to be maintained while any works on the site are being carried out and 

must be removed upon completion of works. [ 2.02 ] 

9. Construction Certificate 

The erection of the building the subject of this development consent MUST NOT be 

commenced until: 

(a) Detailed plans/specifications of the building have been endorsed with a 

Construction Certificate by: 

(i) the Council, or 

(ii) an accredited certifier, and 

(b) The person having the benefit of the development consent: 

(i) has appointed a Principal Certifying Authority, and 

(ii) has notified the Council of the appointment, and 

(c) The person having the benefit of the development consent has given at least two 

days notice to the Council of the person’s intention to commence the erection of 

the building.






(d) Builders name and licence number has been supplied to Council or the Principal 

Certifying Authority; or 

(e) Owner Builders permit issued by Department of Fair Trading to be supplied to 

Council or the Principal Certifying Authority. 

(g) Required signage has been placed on site. [ 2.06 ] 

10. Site Waste Management 

A site rubbish enclosure shall be provided for the period of the proposed work, prior to 

commencement of any work. 

11. Excess Fill 

Any excess clean fill (inert clean waste) removed from the site is to be taken to either: 

(a) a public waste disposal facility; 

(b) a site approved by Council. 

If option (b) is to be used the persons enacting this consent are to advise Council, in 

writing, of the chosen site and are not to commence any dumping until written 

approval is granted. 

Note: Council may carry out random inspections and take photographic records to 

ensure the integrity of the fill. [11.14] 

12. Discovery of a Relic 

If during works an Aboriginal relic is uncovered then the National Parks and Wildlife 

Service (NPWS) is to be contacted urgently - Queanbeyan 6298-9736 and WORK IS 

TO CEASE IMMEDIATELY until further notice.[13.07] 

13. Approved Plans to be On-Site 

A copy of the approved and certified plans, specifications and documents 

incorporating conditions of approval and certification shall be kept on the site at all 

times and shall be readily available for perusal by any officer of Council or the 

Principal Certifying Authority. [ 2.22 ] 

14. Hours of Operation – NOISE 

Construction and demolition work on the site shall only be carried out between the 

hours of 7.00am and 6.00pm on Monday to Friday inclusive, and 8.00am to 1.00pm on 

Saturdays. No construction or demolition activity on Sundays and Public Holidays if 

audible at any residential premise or other sensitive noise receptor. 

15. The building shall not be used or occupied until an Occupation Certificate has been 

issued by the Principal Certifying Authority.






16. Fire Safety Certificate 

A Fire Safety Certificate shall be furnished to the PCA for all the Essential Fire or 

Other Safety Measures forming part of this approval prior to issue of an Occupation 

Certificate. A copy of the Fire Safety certificate must be submitted to Council by the 

PCA with the Occupation Certificate. 

17. Annual Fire Safety Statement 

(a) A final Fire Safety Certificate shall state that each essential fire safety measure 

specified in the current fire safety schedule for the building to which the 

Certificate relates: 

(i) has been assessed by a properly qualified person; and 

(ii) was found, when it was assessed, to be capable of performing to a standard 

not less than that required by the current fire safety schedule for the 

building for which the Certificate is issued. 

(b) The assessment must have been carried out within the period of three months 

prior to the date on which the final Fire Safety Certificate is issued. 

(c) The choice of person to carry out the assessment is up to the owner of the 

building. 

(d) The person who carries out the assessment: 

(i.) must inspect and verify the performance of each fire safety measure 

being assessed; and 

(ii.) must test the operation of each new item of equipment installed in the 

building premises that is included in the current fire safety schedule for 

the building. 

(e) As soon as practicable after a final Fire Safety Certificate is issued, the owner 

of the building to which it relates: 

(i) must cause a copy of the Certificate (together with a copy of the current 

fire safety schedule) to be given to the Commissioner of New South 

Wales Fire Brigades; and 

(ii) must cause a further copy of the Certificate (together with a copy of the 

current fire safety schedule) to be prominently displayed in the building.






18. Work Cover Requirements 

The applicant may contact the WorkCover Authority of NSW, 6/248 Carp St, Bega 

Telephone No: (02) 6491-6600 for further information on safe construction methods 

or visit their website: www.workcover.nsw.gov.au. 

19. Ocean Location 

Council is of the opinion that the land is located within a corrosive environment, ie. 

that it is located within 1km from breaking surf, or within 100m of salt water not 

subject to breaking surf, or heavy industrial areas. Materials used in construction may 

require a higher level of corrosion protection in accordance with relevant Australian 

Standards and the Building Code of Australia.[10.06] 

20. Aboriginal Relics 

Under Section 90 of the National Parks and Wildlife Act 1974 it is an offence to 

destroy, deface or damage a relic or aboriginal place without a ‘Consent to Destroy’ 

from the Director-General of the NPWS.[13.10] 

21. BCA Compliance 

This Development Application has been subject to a merit based assessment. The 

plans lodged and approved have not been fully assessed against the provisions of the 

Building Code of Australia (BCA). It is your responsibility to ensure the plans lodged 

with any Construction Certificate application show full compliance to all provisions of 

the BCA. 

Note: This approval does not become valid until a formal consent document is issued by 

Council. 

PHIL COSTELLO 

APPROVALS UNIT TEAM LEADER 





P06/54 DEVELOPMENT APPLICATION NO: 647/06- MORUYA 

ROAD CONSTRUCTION THROUGH SEPP 14 WETLANDS 06.0207.D 

Applicant: Eurobodalla Shire Council 

Land: Lot 32 DP 817065 & Lot 2 DP 804514 South Head Road, Moruya 

Area: N/A 

Floor Space Ratio: N/A 

Setbacks: N/A 

Height: N/A 

Zone: 7(a) Environment Protection (Wetlands) – Rural LEP 1987, 5(b) Arterial Road 

and 6(a1) Public Open Space – Urban LEP 1999 

Current Use: Road reserve 

Proposed Use: Road 

Description: Road Upgrade and Widening 


DA Registered: 20 March 2006 

Reason to EPAS: Council owned land 


SYNOPSIS 

The development proposal involves road works associated with the realignment and widening 

of a curved section of South Head Road near Halyard Drive. 

BACKGROUND 

A major safety risk currently exists along this section of South Head Road, which has been 

identified in need of upgrade works. 

ISSUES 


Planning and Assessment Act, 1979. It is considered that the following matters are relevant. 

Note: As a single Environmental Impact Statement has been submitted to address the 

proposed shared pathway (DA648/06) and road works (DA647/06) through State 

Environmental Planning Policy No 14 – Coastal Wetlands, along South Head Road, Moruya, 

some of the assessment associated with the DAs is replicated in each of the DA reports 

presented to Council at this meeting. 


Environmental Planning and Assessment Act 1979 – s5A significant effect on threatened 

species, populations or ecological communities or their habitats 

Section 5A of the Act requires an assessment as to whether there is likely to be significant 

effect on threatened species, populations or ecological communities or their habitats as a 

result of development.






Five Endangered Ecological Communities have been identified on or adjacent to the subject 

land and may be affected by the proposal: Bega Dry Grass Forest, River Flat Eucalypt Forest 

on Coastal Flood plains, Swamp Oak Floodplain Forest, Saltmarsh and Freshwater Wetlands 

on Coastal Floodplains. 

Further potential habitat exists within the wetland for the plant Aldrovandra vesiculosa listed 

as Endangered under Schedule 1 of the Threatened Species Act 1995. 

There have also been recordings at or near the wetlands of the Pied Oystercatcher, Sooty 

Oystercatcher, Bush Stone Curlew, Square Tailed Kite and Glossy Black Cockatoo. 

Accordingly a threatened species assessment (including eight-part test) prepared by NGH 

Environmental has been submitted with the application. 

The assessment report has employed the precautionary principle and identified a number of 

recommendations aimed at reducing impacts on threatened species to a low level therefore 

negating the need to complete a species impact statement. 

To this aim all works associated with the proposal will be tightly confined to a prescribed 

work zone in order to minimise vegetation removal and impacts on wetland and saltmarsh 

areas. Hollow bearing trees will also be retained where possible. 

This will be addressed through a condition of consent. 

It can therefore be concluded that the proposal will not result in significant effect on 

threatened species, populations or ecological communities or their habitats. 

Environmental Planning and Assessment Act 1979 – Integrated Development 

The proposal is Integrated Development under section 201 of the Fisheries Management Act 

1994. 

In accordance with the Act, the NSW Department of Primary Industries (Fisheries) has 

reviewed the assessment report and has determined that it is able to issue a permit under Part 

7 of the Fisheries Management Act 1994 for dredging and reclamation. The applicant will be 

advised to make separate application to the DPI to obtain this permit. 

The general terms of approval for this proposal have been included in the recommendation. 

State Environmental Planning Policies 

State Environmental Planning Policy (SEPP) No 14 – Coastal Wetlands 

The proposal is designated development by virtue of subclauses 7(1) and 7(3) of SEPP 14. 

The proposal also requires the concurrence of the Director Department of Planning (DOP) by 

virtue of subclause 7(1) of the SEPP.






SEPP 14 also requires compensatory measures be identified and incorporated as a condition 

of consent to offset the impact of any works on wetlands in accordance with the SEPP 14 

Coastal Wetlands Compensation Policy. 

It should be noted that Council has requested that the Department re-gazette the existing 

boundaries of the SEPP 14 wetlands based on ground truthing. At present the existing 

boundaries include significant areas of road and road verges, which if left mapped as is will 

continue to present ongoing management issues for future upgrades and maintenance. It is 

understood that discussions about this are ongoing at the present time. 

Notwithstanding the above, and as required by the Environmental Planning and Assessment 

Act 1979 and Regulation 2000, an Environmental Impact Statement (EIS) prepared by NGH 

Environmental has been submitted with the development for assessment. 

A copy of the EIS was forwarded to the DOP and the Department of Environment and 

Conservation (DEC) as required by subclauses 7 and 8 of the SEPP. 

By letter dated 14 June 2006, the DOP granted unconditional concurrence to the proposal. As 

no further advice has been received from the DEC it is assumed that the recommendations 

made in the EIS satisfy their requirements with regard to the environment. 

At the time of writing the report, the area, nature and scale of the compensatory measures 

agreed on between the DOP and Council had not been submitted. This aspect of the proposal 

will be addressed through a condition of consent. 

State Environmental Planning Policy No 71 – Coastal Protection 

The proposal has been assessed against the matters contained in clause 8 and found to achieve 

an acceptable level of compliance with these requirements. 

Lower South Coast Regional Environmental Plan No 2 

The site falls within the area covered by the provisions of Lower South Coast Regional 

Environmental Plan No 2. 

The plan aims to provide a framework for environmental planning, development and resource 

management decisions for the region. 

The proposal has been assessed against the regional objectives contained in clause 2 of the 

LSCREP No 2 and relevant policies for development control and found to achieve an 

acceptable level of compliance with these requirements.






Eurobodalla Rural Local Environmental Plan 1987 and Urban Local Environmental Plan 

1999 

The land is zoned: 7(a) Environment Protection (Wetlands) under the Rural LEP. 

The land is zoned: 5(b) Arterial Road and 6(a1) Public Open Space under Urban LEP 1999. 

The proposal is permissible without consent in the 5(b) zone and permissible with consent in 

the 6(a1) and 7(a) zone. However by virtue of SEPP 14 development consent is required for 

the proposal irrespective of zoning. 

The proposal is considered to be consistent with the aims and objectives of the plan. 

Eurobodalla Rural Local Environmental Plan 1987 and Urban Local Environmental Plan 

1999 – Special Provisions 

Clause 28A Development Affecting places or sites of known or potential Aboriginal heritage 

Significance 

Clause 73 What special controls apply to development on archaeological sites that have 

Aboriginal or non Aboriginal heritage significance? 

A search of the DEC Aboriginal Heritage Information Management System database revealed 

13 recorded sites/objects in or in close proximity to the 2 SEPP 14 wetlands at Moruya Heads. 

Accordingly, an Aboriginal Archaeological Assessment Report prepared by Julie Dibden was 

submitted as part of the application. 

The results documented in the report are as follows: 

• No Aboriginal objects were recorded within the proposal areas 

• The proposal areas are each assessed to be of low archaeological potential and sensitivity 

• There are no archaeological constraints to the proposal 

Conditions are nonetheless included in the recommendation to ensure compliance with the 

LEP requirements and the National Parks and Wildlife Act 1974.






Environmental 

As previously mentioned an EIS has been prepared in support of the proposal. Under the 

Regulation, the EIS was required to address a number of specific issues: 

• Relevant policies, principles and strategies of: 

State Environmental Planning Policy No 14 – Coastal Wetlands 


NSW Coastline Cycleway Project 

Acid Sulphate Soil Manual 

The Department of Land and Water Conservation Soil and Landscape Issues in 

Environmental Impact Assessment Technical Publication No 34 

• A discussion of: 

The benefits and justification for creating a pedestrian/cycle pathway along South Head 

Road 

Need for Road widening 

The construction methods proposed to ensure that SEPP 14 wetland No 176 remains 

hydrology connected 

Measures proposed to be taken to control weeds 

Any cultural heritage issues 

• An assessment of any impacts on flora and fauna, particularly critical habitats, threatened 

species, populations ecological communities and their habitats under the Threatened 

Species Conservation Act 1995 

The proposed works begin approximately 930m west of Halyard Drive and involve the 

following: 

A lowering of the road surface by approximately 1.5m at the highest point (between chainage 

515 and 600). To achieve this fill is required between chainages 340 and 515 and 600 and 

740. Additional fill will also be required between chainages 740 and 930 adjacent to the salt 

marsh. 

A widening of the existing road verges by approximately 5m.






The proposed works will disturb varying widths of the road reserve as described below: 

Between chainages 0 and 330 the disturbance area includes the existing road and 

verges. This area is already highly disturbed. 

Between chainages 330 and 600 a disturbance area of up to 25m including 10m of 

existing road. New batters will be cut back at this point to provide passage for the 

proposed new road. 

Between chainages 600 and 915 works fall within the gazetted SEPP14 wetland 

(wetland 177). The total disturbance within the designated wetland area would be 

approximately 6225m2, including the existing road (approximately 3780m2, assuming 

an approximate width of 12m to include the verges.) 

Additional disturbance will also involve relocation of a power pole, water main, telstra 

cable, and the construction of a new fence along the boundary lines, new pits, concrete 

headwalls and extension of culverts. 

Notwithstanding the above, the specific measures recommended in the EIS will be 

incorporated into any conditions of consent to minimise potential environmental impact. See 

Attachment A. This also includes the preparation of a number of specific management plans 

to be adhered to during works: 

Erosion and Sediment Control Plan 

Acid Sulphate Soils Management Plan 

Traffic Management Plan 

Acoustic Assessment 

This will be addressed through conditions of consent. 

Social/Economic 

The proposal will improve the safety of South Head Road to the community. 

Consultation 

In accordance with the Act and Regulation, the application was placed on public exhibition 

from the 5 April 2006 until 21 May 2006. During that time no submissions were received. 

Financial 

Funding will be made available for the proposed works.






CONCLUSION 

In conclusion the proposal is generally acceptable having regard to the relevant planning 

controls, and likely impact on the surrounding natural and built environment. Accordingly, 

consent is recommended subject to the imposition of a number of conditions. 

RECOMMENDED 

THAT Development Application No 647/06 for Road upgrade and widening on Lots 32 & 2, 

DP 817065, 804514, South Head Road, Moruya dated 20 March 2006 as shown on Plan 

Number 06/647 and described in details accompanying the application be APPROVED under 

Section 80(1) of the Environmental Planning and Assessment Act, 1979 subject to the 

conditions set out below. These conditions have been applied to this consent for the 

following reasons and subject to the following conditions: 

ensure the proposed development: 





ensure the protection of the amenity and character of land adjoining and in the locality 

of the proposed development. 

minimise any potential adverse environmental, social or economic impacts of the 

proposed development. 

ensure the development does not conflict with the public interest. 

GENERAL CONDITIONS 

1. Terms of consent: 

The proposal shall be carried out in accordance with: 

(a) the description of development and associated works contained in the 

Environmental Impact Statement (EIS) entitled "Proposed Shared Pathway & 

Road Works through SEPP 14 Wetlands; South Head Road, Moruya prepared by 

ngh environmental dated December 2005. 

(b) all identified sub plans, safeguards, mitigation measures and performance targets 

identified in the EIS. Attention is given to Appendix 8 and 9 of the EIS. 

(c) any special conditions in the consent. Attention is given to conditions 2 and 3.






These conditions do not relieve the applicant of the obligation to obtain all other 

approvals and licences from all relevant authorities required under any other Act. 

Without affecting the generality of the foregoing, the applicant shall comply with the 

terms and conditions of such approvals and licences where granted. 

It shall be the ultimate responsibility of the applicant to ensure compliance with all 

conditions of consent. 

2. Integrated Development 

The applicant must apply for a permit for dredging and reclamation from the 

Department of Primary Industries (Fisheries) as the works will involve reclamation of 

wetland areas. This approval must be obtained BEFORE the works commence. 

The general terms of approval for this proposal as provided by the Department of 

Primary Industries (Fisheries) for the proposed works are in attachment A and form 

part of this consent. These terms will be incorporated into any permits that are issued 

by the Department. 

3. SEPP 14 Coastal Wetlands Compensatory Wetlands Policy 

The area, scale and nature of the compensatory measures required to be implemented 

at the site (or others if appropriate) to compensate for the impact of the works on 

Wetland Areas 175 and 177 are to be identified in accordance with State 

Environmental Planning Policy No 14 - Coastal Wetlands Compensatory Wetlands 

Policy, and submitted to Council directly prior to the commencement of works. 

ADVISORY NOTES 

4. Native Vegetation Conservation Act 2003 

Any clearing of land for development is to be strictly in accordance with the terms of 

this consent to ensure that it is within the exclusions and exemptions of the Native 

Vegetation Conservation Act 2003. 

5. Commonwealth Environment Protection & Biodiversity Conservation Act 1999 

The Commonwealth Environment Protection and Biodiversity Conservation Act 1999 

provides that a person must not take an action which has, will have, or is likely to have 

a significant impact on: 

(a) A matter of national environmental significance (NES) or 

(b) Commonwealth land without an approval from the Commonwealth Environment 

Minister. 

This application has been assessed in accordance with the New South Wales 

Environmental Planning & Assessment Act, 1979. The determination of this 

assessment has not involved any assessment of the application of the Commonwealth 

legislation.






It is the proponent’s responsibility to consult Environment Australia to determine the 

need or otherwise for Commonwealth approval and you should not construe this grant 

of consent as notification to you that the Commonwealth Act does not have 

application. 

The Commonwealth Act may have application and you should obtain advice about this 

matter. There are severe penalties for non-compliance with the Commonwealth 

legislation. 

Note: This approval does not become valid until Council issues a formal consent document. 

PHIL COSTELLO 






P06/55 DEVELOPMENT APPLICATION NO: 648/06- MORUYA HEADS 

PEDESTRIAN / CYCLEWAY CONSTRUCTION ADJACENT TO ROAD 

THROUGH SEPP 14 WETLANDS 06.0206.D 

Applicant: Eurobodalla Shire Council 

Land: Lot 7013, DP 1055123 and road reserve South Head Road, Moruya Heads 

Area: N/A 

Floor Space Ratio: N/A 

Setbacks: N/A 

Height: N/A 

Zone: 5(b) Arterial Road and 6(a1) Public Open Space – Urban LEP 1999 

Current Use: Road reserve 

Proposed Use: Pedestrian and cycle path 

Description: Pedestrian and cycleway construction 


DA Registered: 20 March 2006 

Reason to EPAS: Council owned land 


SYNOPSIS 

The development proposal involves extending the existing concrete path that currently 

terminates near Preddeys Wharf Road for a distance of 400m, to link with the existing 

pathway at Hazel Road. To achieve this aim a formal crossing is also to be constructed across 

South Head Road, immediately after Gilmores Creek Bridge. 

BACKGROUND 

A safety risk to pedestrians and cyclists currently exists along South Head Road near 

Gilmores Creek, which has been identified in need of upgrade works. 

ISSUES 


Planning and Assessment Act, 1979. It is considered that the following matters are relevant. 

Note: As a single Environmental Impact Statement has been submitted to address the proposed shared 

pathway (DA648/06) and road works (DA647/06) through State Environmental Planning Policy No 14 

– Coastal Wetlands, along South Head Road, Moruya, some of the assessment associated with the DAs 

is replicated in each of the DA reports presented to Council at this meeting. 


Environmental Planning and Assessment Act 1979 – s5A significant effect on threatened 

species, populations or ecological communities or their habitats 

Section 5A of the Act requires an assessment as to whether there is likely to be significant 

effect on threatened species, populations or ecological communities or their habitats as a 

result of development.







Five Endangered Ecological Communities have been identified on or adjacent to the subject 

land and may be affected by the proposal: Bega Dry Grass Forest, River Flat Eucalypt Forest 

on Coastal Flood plains, Swamp Oak Floodplain Forest, Saltmarsh and Freshwater Wetlands 

on Coastal Floodplains. 

Further potential habitat exists within the wetland for the plant Aldrovandra vesiculosa listed 

as Endangered under Schedule 1 of the Threatened Species Act 1995. 

There have also been recordings at or near the wetlands of the Pied Oystercatcher, Sooty 

Oystercatcher, Bush Stone Curlew, Square Tailed Kite and Glossy Black Cockatoo. 

Accordingly a threatened species assessment (including eight-part test) prepared by NGH 

Environmental has been submitted with the application. 

The assessment report has employed the precautionary principle and identified a number of 

recommendations aimed at reducing impacts on threatened species to a low level therefore 

negating the need to complete a species impact statement. 

To this aim all works associated with the proposal will be tightly confined to a prescribed 

work zone in order to minimise vegetation removal and impacts on wetland and saltmarsh 

areas. Hollow bearing trees will also be retained where possible. 

This will be addressed through a condition of consent. 

It can therefore be concluded that the proposal will not result in significant effect on 

threatened species, populations or ecological communities or their habitats. 

Environmental Planning and Assessment Act 1979 – Integrated Development 

The proposal is Integrated Development under section 201 of the Fisheries Management Act 

1994. 

In accordance with the Act, the NSW Department of Primary Industries (Fisheries) has 

reviewed the assessment report and has determined that it is able to issue a permit under Part 

7 of the Fisheries Management Act 1994 for dredging and reclamation. The applicant will be 

advised to make separate application to the DPI to obtain this permit. 

The general terms of approval for this proposal have been included in the recommendation.







State Environmental Planning Policies 


The proposal is designated development by virtue of subclauses 7(1) and 7(3) of SEPP 14. 

The proposal also requires the concurrence of the Director Department of Planning (DOP) by 

virtue of subclause 7(1) of the SEPP. 

SEPP 14 also requires compensatory measures be identified and incorporated as a condition 

of consent to offset the impact of any works on wetlands in accordance with the SEPP 14 

Coastal Wetlands Compensation Policy. 

It should be noted that Council has requested that the Department re-gazette the existing 

boundaries of the SEPP 14 wetlands based on ground truthing. At present the existing 

boundaries include significant areas of road and road verges, which if left mapped as is will 

continue to present ongoing management issues for future upgrades and maintenance. It is 

understood that discussions about this are ongoing at the present time. 

Notwithstanding the above, and as required by the Environmental Planning and Assessment 

Act 1979 and Regulation 2000, an Environmental Impact Statement (EIS) prepared by NGH 

Environmental has been submitted with the development for assessment. 

A copy of the EIS was forwarded to the DOP and the Department of Environment and 

Conservation (DEC) as required by subclauses 7 and 8 of the SEPP. 

By letter dated 14 June 2006, the DOP granted unconditional concurrence to the proposal. As 

no further advice has been received from the DEC it is assumed that the recommendations 

made in the EIS satisfy their requirements with regard to the environment. 

At the time of writing the report, the area, nature and scale of the compensatory measures 

agreed on between the DOP and Council had not been submitted. This aspect of the proposal 

will be addressed through a condition of consent. 


The proposal has been assessed against the matters contained in clause 8 and found to achieve 

an acceptable level of compliance with these requirements.







Lower South Coast Regional Environmental Plan No 2 

The site falls within the area covered by the provisions of Lower South Coast Regional 

Environmental Plan No 2. 

The plan aims to provide a framework for environmental planning, development and resource 

management decisions for the region. 

The proposal has been assessed against the regional objectives contained in clause 2 of the 

LSCREP No 2 and relevant policies for development control and found to achieve an 

acceptable level of compliance with these requirements. 

Eurobodalla Urban Local Environmental Plan 1999 

The land is zoned: 5(b) Arterial Road and 6(a1) Public Open Space under Urban LEP 1999. 

The proposal is permissible without consent in the 5(b) zone and permissible with consent in 

the 6(a1) zone. However by virtue of SEPP 14 development consent is required for the 

proposal irrespective of zoning. 

The proposal is considered to be consistent with the aims and objectives of the plan. 

Eurobodalla Urban Local Environmental Plan 1999 – Special Provisions 

Clause 73 What special controls apply to development on archaeological sites that have 

Aboriginal or non Aboriginal heritage significance? 

A search of the DEC Aboriginal Heritage Information Management System database revealed 

13 recorded sites/objects in or in close proximity to the 2 SEPP 14 wetlands at Moruya Heads. 

Accordingly an Aboriginal Archaeological Assessment Report prepared by Julie Dibden was 

submitted as part of the application. 

The results documented in the report are as follows: 

• No Aboriginal objects were recorded within the proposal areas 

• The proposal areas are each assessed to be of low archaeological potential and sensitivity 

• There are no archaeological constraints to the proposal 

Conditions are nonetheless included in the recommendation to ensure compliance with the 

LEP requirements and the National Parks and Wildlife Act 1974.







Environmental 

As previously mentioned an Environmental Impact Statement has been prepared in support of 

the proposal. The EIS was required to address a number of specific issues: 

• Relevant policies, principles and strategies of: 



NSW Coastline Cycleway Project 

Acid Sulphate Soil Manual 

The Department of Land and Water Conservation Soil and Landscape Issues in 

Environmental Impact Assessment Technical Publication No 34 

• A discussion of: 

The benefits and justification for creating a pedestrian/cycle pathway along South Head 

Road 

Need for Road widening 

The construction methods proposed to ensure that SEPP 14 wetland No 176 remains 

hydrology connected 

Measures proposed to be taken to control weeds 

Any cultural heritage issues 

• An assessment of any impacts on flora and fauna, particularly critical habitats, threatened 

species, populations ecological communities and their habitats under the Threatened 

Species Conservation Act 1995 

The proposed works at Gilmores Creek are in an area of already high disturbance. It is 

assessed that minimal clearing and or impact on habitat values is only likely to occur in this 

area the result of the proposal. 

Notwithstanding the above, the specific measures recommended in the EIS will be 

incorporated into any conditions of consent to minimise potential environmental impact. See 

Attachment A. This also includes the preparation of a number of specific management plans 

to be adhered to during works: 

Erosion and Sediment Control Plan 

Acid Sulphate Soils Management Plan 

Traffic Management Plan 

Acoustic Assessment 

This will be addressed through conditions of consent.







Social/Economic 

The proposal will result in the provision of additional recreational opportunities for the 

community. 

Consultation 

In accordance with the Act and Regulation, the application was placed on public exhibition 

from the 5 April 2006 until 21 May 2006. During that time no submissions were received. 

Financial 

Funding is made available on an annual basis for community works projects, which includes 

building shared pathways. 

CONCLUSION 

In conclusion the proposal is generally acceptable having regard to the relevant planning 

controls, and likely impact on the surrounding natural and built environment. Accordingly, 

consent is recommended subject to the imposition of a number of conditions. 

RECOMMENDED 

THAT Development Application No 648/06 for Pedestrian and Cycleway Construction on 

Lot 7013, DP 1055123, South Head Road Moruya Heads dated 20 March 2006 as shown on 

Plan Number 06/648 and described in details accompanying the application be APPROVED 

under Section 80(1) of the Environmental Planning and Assessment Act, 1979 subject to the 

conditions set out below. These conditions have been applied to this consent for the 

following reasons subject to the following conditions: 

ensure the proposed development: 





ensure the protection of the amenity and character of land adjoining and in the locality 

of the proposed development. 

minimise any potential adverse environmental, social or economic impacts of the 

proposed development. 

ensure the development does not conflict with the public interest.







GENERAL CONDITIONS 

1. Terms of consent: 

The proposal shall be carried out in accordance with: 

(a) the description of development and associated works contained in the 

Environmental Impact Statement (EIS) entitled "Proposed Shared Pathway & 

Road Works through SEPP 14 Wetlands; South Head Road, Moruya prepared by 

ngh environmental dated December 2005. 

(b) all identified sub plans, safeguards, mitigation measures and performance targets 

identified in the EIS. Attention is given to Appendix 8 and 9 of the EIS. 

(c) any special conditions in the consent. Attention is given to conditions 2 and 3. 

These conditions do not relieve the applicant of the obligation to obtain all other 

approvals and licences from all relevant authorities required under any other Act. 

Without affecting the generality of the foregoing, the applicant shall comply with the 

terms and conditions of such approvals and licences where granted. 

It shall be the ultimate responsibility of the applicant to ensure compliance with all 

conditions of consent. 

2. Integrated Development 

The applicant must apply for a permit for dredging and reclamation from the 

Department of Primary Industries (Fisheries) as the works will involve reclamation of 

wetland areas. This approval must be obtained BEFORE the works commence. 

The general terms of approval for this proposal as provided by the Department of 

Primary Industries (Fisheries) for the proposed works are in attachment A and form 

part of this consent. These terms will be incorporated into any permits that are issued 

by the Department. 

3. SEPP 14 Coastal Wetlands Compensatory Wetlands Policy 

The area, scale and nature of the compensatory measures required to be implemented 

at the site (or others if appropriate) to compensate for the impact of the works on 

Wetland Areas 175 and 177 are to be identified in accordance with State 

Environmental Planning Policy No 14 - Coastal Wetlands Compensatory Wetlands 

Policy, and submitted to Council directly prior to the commencement of works.







ADVISORY NOTES 

4. Native Vegetation Conservation Act 2003 

Any clearing of land for development is to be strictly in accordance with the terms of 

this consent to ensure that it is within the exclusions and exemptions of the Native 

Vegetation Conservation Act 2003. 

5. Commonwealth Environment Protection & Biodiversity Conservation Act 1999 

The Commonwealth Environment Protection and Biodiversity Conservation Act 1999 

provides that a person must not take an action which has, will have, or is likely to have 

a significant impact on: 

(a) A matter of national environmental significance (NES) or 

(b) Commonwealth land without an approval from the Commonwealth Environment 

Minister. 

This application has been assessed in accordance with the New South Wales 

Environmental Planning & Assessment Act, 1979. The determination of this 

assessment has not involved any assessment of the application of the Commonwealth 

legislation. 

It is the proponent’s responsibility to consult Environment Australia to determine the 

need or otherwise for Commonwealth approval and you should not construe this grant 

of consent as notification to you that the Commonwealth Act does not have 

application. 

The Commonwealth Act may have application and you should obtain advice about this 

matter. There are severe penalties for non-compliance with the Commonwealth 

legislation. 

Note: This approval does not become valid until Council issues a formal consent document. 

PHIL COSTELLO 



STRATEGIC REPORT TO ENVIRONMENT, PLANNING AND 



P06/56 PROPOSED REZONING OF MORUYA AIRPORT 05.9248 

SYNOPSIS 

Council has consulted with the Department of Planning regarding concept plans for the 

redevelopment of Moruya Airport. The Department has advised that the existing 1(a) (Rural 

(Environmental Constraints and Agricultural) Zone) cannot accommodate the proposed 

residential and commercial/business activities as ancillary uses to the airport. The 

Department has indicated that it is prepared to consider a rezoning of the land to permit these 

uses prior to the preparation of the new comprehensive LEP. 

It is recommended that Council resolve to rezone Moruya Airport so that the proposed 

redevelopment is permitted on the land and to enable lodgement of a development application 

to proceed. 

BACKGROUND 

Moruya Airport is currently zoned 1(a) (Rural (Environmental Constraints and Agricultural) 

Zone). Council adopted a concept plan on 14 February 2006 that includes development of a 

residential airpark, aviation-related business and commercial activities and aviation-related 

tourism development. 

The concept plan may be subject to Part 3A of the Environmental Planning and Assessment 

Act as a ‘Major Project’ meaning that the Minister for Planning would be the consent 

authority. An opinion was sought from DoP as to whether Part 3A applies. DoP have 

declined to offer an opinion on this matter and have advised that a rezoning is necessary to 

permit the proposed uses. 

ISSUES 

Legal 

A rezoning of Moruya Airport to permit all proposed uses shown in the concept plans may be 

effected in one of three ways. These are: 

1. Expand the definition of an airport within the Rural LEP to encompass all proposed 

activities. An airport is defined as “a place used for the storage, landing, takeoff and 

servicing of aircraft and related passenger and freight transfer and storage facilities”. 

Aviation-related commercial, business, tourist and residential uses could be included 

in this definition. 

2. Insert a site-specific enabling clause. This would be a separate clause in the Rural 

LEP that applies solely to Moruya Airport and permits all of the proposed activities. 

3. Introduce a new zone from the Standard Instrument (Local Environmental Plans) 

Order 2006, such as SP1 Special Activities or SP2 Infrastructure with accompanying 

objectives and land use tables and apply that to the site. 

The appropriate means of carrying out the amendment will be negotiated with DoP.




P06/56 PROPOSED REZONING OF MORUYA AIRPORT 05.9248 

CONCLUSION 

It is recommended that the Committee resolve to prepare a draft LEP to amend the Rural LEP 

so that all proposed uses shown on the adopted Moruya Airport Concept Plan are permitted 

on the land. 

RECOMMENDED 

THAT 

1. Pursuant to section 54 of the Environmental Planning and Assessment Act 1979, a 

local environmental plan be prepared to amend the Eurobodalla Rural Local 

Environmental Plan 1987 to enable all land uses proposed in the Moruya Airport 

Concept Plan as adopted by the Works and Facilities Committee at the meeting held 

on 14 February 2006 on Lot 4 DP 1090948 George Bass Drive, Moruya. 

2. Council exercise delegation of functions under Section 65 and Section 69 of the 

Environmental Planning and Assessment Act 1979 and exhibit the draft local 

environmental plan in accordance with Best Practice Guideline “LEPs and Council 

Land”. 

ALLEN GRIMWOOD 

STRATEGIC UNIT TEAM LEADER 

STRATEGIC PLANNING AND DESIGN




P06/57 DRAFT THREATENED SPECIES PRIORITIES 

ACTION STATEMENT 96.0310 

SYNOPSIS 

Reporting on a recent amendment to State legislation, namely the addition of the draft 

Threatened Species Priorities Action Statement to the Threatened Species Conservation Act 

1995. 

BACKGROUND 

The continuing increase in the number of threatened species, the loss of biodiversity and the 

overall decline of native species, lead the NSW Government to amended the Threatened 

Species Conservation Act 1995 (TSC Act) and conceive the draft Threatened Species 

Priorities Action Statement (PAS). 

The PAS is intended to be a comprehensive and strategic approach to threatened species 

recovery and threat abatement. It identifies performance measures, outlines broad strategies 

and details priority actions to be implemented throughout NSW to promote the recovery of 

threatened species, populations and ecological communities and to manage key threatening 

processes. 

A copy of the PAS will be on file at the meeting for Councilors inspection. It is also available 

on the DEC website: www.threatenedspecies.environment.nsw.gov.au 

ISSUES 

Environmental 

There are over 900 threatened native plants and animals in NSW and previously under the 

TSC act each required a threat abatement and recovery plan. The draft threatened species 

PAS is intended to be a simplified approach and is based on 25 recovery and 12 threat 

abatement strategies. Under each strategy, actions are listed which aim to recover each 

threatened species and abate each threat. These are further categorised into high, medium or 

low priority actions. 

Objectives of the PAS include: 

• moving as many species as possible from threatened to non-threatened conservation 

status; 

• abating or eliminating the impacts of Key Threatening Processes (KTP’s); 

• providing a comprehensive and strategic approach to threatened species recovery; and 

• involving stakeholders, managers and decision-makers to implement PAS actions.






The PAS is intended to achieve these objectives through: 

• outlining the recovery and threat abatement strategies to be adopted for each threatened 

species; 

• establishing the relative priorities to implement the recovery and threat abatement 

strategies; 

• establishing the performance indicators to report the achievement and effectiveness in 

implementing recovery and threat abatement strategies; 

• containing a status report on each threatened species (where information is available); and 

• outlining clear timetables for recovery and threat abatement planning and achievement. 

The Threatened Species PAS is designed to help planning authorities assess the effect of 

development and other activities on threatened species. Council will be able to obtain advice 

on habitat management and the impacts and implications that developments may have on 

threatened species and their habitats. The PAS may also help to determine the conservation 

management actions that can be included in consent or approval conditions to offset 

development impacts on threatened species. 

The current conservation status of each threatened species, populations and ecological 

communities in nsw in provided in an extensive appendix of the pas. The recommended threat 

abatement strategies for each key threatening process are also listed in the appendix. 

Submission 

In the PAS the Department of Environment and Conservation has developed integrated 

approaches that use different strategies and multiple recovery and threat abatement actions 

that are proposed to ameliorate key threatening processes. However, it is unclear as to who 

will be responsible for the implementation of these integrated approaches and how 

information on threatened species, assessment processes and management actions will be 

obtained, implemented and funded. 

In particular information is needed on: 

• how planning authorities will be able to obtain and implement advice on the implications 

and impacts of proposed development activities on threatened species and their habitats; 

• how the PAS team coordinators will liaise with and advise government agencies and 

planning authorities; 

• who will manage and monitor the key characteristics of each threatened species; 

• how information about the distribution of threatened species will be confirmed or updated. 

Will it be through surveys, aerial photography, or on the ground works? and 

• the system in which guidelines for survey and species profiles, EIS guidelines and advice 

are available to local councils.






Of particular concern to local councils is the availability of education and training. In the draft 

PAS there is mention of on-site meetings, open days and fact sheets for community and 

landholders but there is little mention of education available to consent authorities. Council 

staff responsible for planning consent are often not trained in ecological processes or 

identifying threatened species and processes. 

The provision of additional training would be an effective and useful approach to help local 

council staff to take an active part in the implementation of the threatened species PAS. 

CONCLUSION 

The draft PAS is intended to be a new and simplified approach to managing threatened 

species in NSW. In order for the PAS to be effective from a local government perspective, 

more information is needed on the current status of threatened species and their habitats, how 

recovery and management actions should be implemented to lessen their decline and the 

availability of training. 

RECOMMENDED 

THAT Report P06/57 concerning the Threatened Species Priorities Action Statement to the 

meeting of the Environment, Planning and Administrative Services Committee held on 

Tuesday 1 August 2006 be submitted to the Department of Environment and Conservation as 

Council’s submission. 



STRATEGIC PLANNING AND DESIGN


ADMINISTRATIVE SERVICES COMMITTEE MEETING HELD 

ON TUESDAY 1 AUGUST 2006 Page 44 

P06/58 NOMINATIONS FOR MORUYA STRUCTURE PLAN 

COMMUNITY REFERENCE GROUP 06.0259 

SYNOPSIS 

Reporting on nominations for membership to the community reference group to assist with 

preparation of the Moruya Structure Plan. 

BACKGROUND 

Notices were placed in the Moruya Examiner on Thursday 14 June and 5 July 2006 and a 

press release issued calling for nominations for a community reference group to participate in 

the preparation of the Moruya Structure Plan. Expressions of interest to join the group were 

sought from interested persons, including representatives of local business, professional and 

community organisations. 

The principal objective of the structure plan is to set a framework to ensure a sustainable 

pattern of settlement for Moruya having regard to demographics, housing and employment 

needs, infrastructure capacities and protection of the natural environment. The plan will 

inform a review of the Urban Local Environmental Plan; the land use plan that guides 

development of our urban areas. 

The role of the community reference group will be to represent the views and interests of 

local stakeholders by considering and endorsing each key stage of the project. The goal is to 

prepare and exhibit a structure plan that reflects the community’s vision for the future of 

Moruya. The Community Reference Group will comprise of nine (9) members. The 

Reference Group will be an advisory group only and will not have any delegated 

responsibilities or authority. 

Four meetings of the reference group are to be held; the first on Tuesday 15 August 2006 in 

the Council Chambers at Moruya. The Strategic Unit will facilitate these meetings. 

ISSUES 

Community 

Fifteen (15) nominations have been received and are detailed in the confidential attachment 

for Councillors. 

In accordance with the Terms of Reference for the Community Reference group and to ensure 

a broad representation and cross section of the community, three (3) persons from each of the 

following groups are to be appointed to the Moruya Structure Plan- Community Reference 

Group: 

• Local Community Representatives 

• Local Business Representatives 

• Local Design Professionals


ADMINISTRATIVE SERVICES COMMITTEE MEETING HELD 

ON TUESDAY 1 AUGUST 2006 Page 45 

P06/58 NOMINATIONS FOR MORUYA STRUCTURE PLAN 

COMMUNITY REFERENCE GROUP 06.0259 

The committee will total nine (9) representatives of the various interest groups. 

It is noted that a representative of the Local Aboriginal Lands has not been nominated. A 

letter will be sent to this organisation inviting them to participate. Letters will also be sent to 

the Business Development Board and the Tourism Board asking them to nominate a 

representative. 

Estuary Management Committees will be represented by the co-ordinator of those 

committees, being a staff member of the Strategic Unit. 

An invitation is extended to all councillors to participate in the reference group. 

CONCLUSION 

Fifteen (15) nominations were received from interested community members to be included in 

the Community Reference Group for the development of the Moruya Structure Plan. 

RECOMMENDED 

THAT: 

1. The following groups be represented on the Community Reference Group to assist the 

preparation of a structure plan for the township of Moruya: 

(a) Local Community Representatives 

(b) Local Business Representatives 

(c) Local Design Professionals 

2. The nominees representing the above groups, as recommended in information 

provided to Councillors under separate cover, be advised that they have been selected 

to be included in the Community Reference Group for the development of the 

structure plan for Moruya. 

3. All nominees be thanked for their interest and for volunteering to be involved in this 

project. 

4. The list of the members of the Community Reference Group as determined by Council 

be made public. 

5. Invitations be sent to the Cobowra Local Aboriginal Land Council, the Eurobodalla 

Business Development Board and the Eurobodalla Tourism Board to participate in 

meetings of the Moruya Structure Plan- Community Reference Group. 



STRATEGIC PLANNING AND DESIGN 

(Clrs)

Planning Agenda - Eurobodalla Shire Council - NSW Government

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