RED HEAD VILLAGES ASSOCIATION (Inc) North Bundling, Bendalong, Berringer, Cunjurong, Manyana Russ Pigg General Manager Shoalhaven City Council P.O. Box 42 Nowra NSW, 2541 PO Box 2015 Bendalong NSW 2539 Email: justinfield1@gmail.com Mob: 0439 205 835 2 March 2015 SUPPLEMENTARY SUBMISSION: DA14/2397, North Bendalong The Red Head Villages Association (RHVA) welcomes the opportunity to make a supplementary submission to DA14/2397. This submission follows the community information session held on 18 February 2015. This supplementary submission should be read in conjunction with RHVA s original submission, which outlined concerns in relation to the height of building and the lack of clarity concerning the operation of a proposed kiosk. RHVA remains supportive of the development of this site in an ecologically sensitive way that provides a long-term solution to what has been a frustrating development history for the community. We recognise the proposed changes to the proposal including a reduction in footprint, removal of one of the cabins and the reduction in height of another cabin, as a step in the right direction. However RHVA still does not believe the proposal as currently presented is supportable and consider it will have a detrimental impact on the aesthetic and environmental values of the site. Council should only approve development of this site that is environmentally sensitive, is in line with the height of building requirements of the LEP and minimises the impact of development on the neighbouring properties and on the users of the surrounding public space.
Summary of Position The Red Head Villages Association (RHVA), after reviewing proposed amendments to the development proposal, continue to have concerns as outlined in the association s original submission, especially: 1. Remains OPPOSED to approval of the proposed development on the basis of the height of the proposed cabins and the failure of the proposal to comply with the provisions of the Shoalhaven Local Environment Plan 2014 (SLEP2014). The Association does not support an exemption to the 6m height of building requirements in the LEP. 2. Remains CONCERNED about the lack of detail regarding the operation of the proposed kiosk. The Association does not feel there has been adequate information provided about the opening times, nature of the proposed activities within the Multi-Purpose Facility (MPF) or the impact of traffic should these areas be open to customers other than guests of the proposed cabins. Given the failure to address these concerns in the updated proposal, RHVA has outlined more detailed concerns in this supplementary submission. 3. Is CONCERNED that supportive submissions have been made by North Bendalong residents and property owners who have a financial interest in this development, but have failed to declare that interest in their submissions. The RHVA has outlined more detailed concerns in this supplementary submission. Kiosk and Multi-Purpose Facility In RHVA s original submission, concerns were raised about the lack of operational detail of the proposed kiosk. RHVA feels there is still insufficient information about this aspect of the proposal to assess the impact on local residents from traffic impacts or noise but also on the applicability of this part of the proposal to the Eco-tourist facilities designation. The lack of clarity around this aspect of the proposal raises questions about the overall use of the MPF and requires clarification. As it stands in the proposal, and without clarification, RHVA considers that the potential uses of MPF fall outside the guidelines contained in SLEP2014 for a ecotourist development. The definition of eco-tourist facilities (SLEP 2014 page 170) is: eco-tourist facility means a building or place that: (a) provides temporary or short-term accommodation to visitors on a commercial Red Head Villages Association Submission: DA14/2397, North Bendalong 2 March 2015 p!2
basis, and (b) is located in or adjacent to an area with special ecological or cultural features, and (c) is sensitively designed and located so as to minimise bulk, scale and overall physical footprint and any ecological or visual impact. It may include facilities that are used to provide information or education to visitors and to exhibit or display items. In addition to the definition there is a detailed list of objectives and limitations for eco-tourist facilities, none of which give rise to options for separate or ancillary uses to the accommodation aspects of the proposal. Both the proponent and Council Planning Staff at the community information sessions suggested that the proposed uses of the MPF are ancillary to the main development and therefore should not be excluded under SLEP 2014. This is despite the fact that restaurants, take-aways and function centre uses are not permissible under the Land Use Table for E3. While kiosks are acceptable under E3, the definition of kiosks in the SLEP2014 is: premises that are used for the purposes of selling food, light refreshments and other small convenience items such as newspapers, films and the like. Furthermore kiosks are limited in gross floor area to 20 square meters. The proponents state that their business plan allows for an all- round yearly occupancy of 55%. The operating model suggests that the MPF would operate between 7am to 11pm. The proposed off-peak activities undertaken in the MPF include business retreats, family gatherings and weddings. In addition to this use, the proposal allows for the provision of kiosk facilities including take away food and coffee, and potentially dining (restaurant) activities at peak operating times. It is difficult to reconcile these activities, particularly if provided for non-accommodation guests, to the objectives of an eco-tourist facility. As proposed, and without clarification or specific limits provided, the small isolated and quiet village of North Bendalong (contiguous with the Conjola National Park and Dee Beach and Flatrock Beach) could, by default, become a commercial zone, with the impacts on the environment and local community that creates. In its original submission, RHVA did not oppose a kiosk on site, however we remain concerned that the plans for the operation of the MPF including the potential kiosk Red Head Villages Association Submission: DA14/2397, North Bendalong 2 March 2015 p!3
aspect are not clear and should be subject to very specific conditions that are in line with the eco-tourist objectives of the proposal. Recommendation: It is the Association s recommendation that the MPF, if it is to be retained in the proposal, be subject to very specific conditions that are in line with the eco-tourist objectives of the proposal. Kiosk operations should be limit to minimise traffic and waste and the MPF s wider uses should be limited to accommodation guests only. No declared financial interests RHVA is concerned that in reading submissions councillors may not be aware that a number of supportive submissions have been made by individuals with a financial interest in Bendalong Essential Services Pty Limited, the proponent of this development, which was not declared in their submission. RHVA is not suggesting the failure to disclose financial interests was deceptive. The local community are aware of the people involved in the development, some of whom have a long-term connection to the area. However councillors reading these submissions may not be aware. The following submitters have a financial interest in the proposal which was not declared in their submissions. These submitters also give their local addresses in their submissions but on the Company Register give Sydney addresses. This should be taken into account by councillors when assessing the level of community support or opposition to the proposal. 1. Rob Aldis and Penny Bingham Hall (Directors and shareholders, Bendalong Essential Services Pty Limited) 2. Glen Atkins (Director and shareholder, Bendalong Essential Services Pty Limited) 3. Anne Davies (Previous Director and previous shareholder, Bendalong Essential Services Pty Limited) The full list of interested parties is identified in the ASIC Register of interests attached at appendix 1. Red Head Villages Association Submission: DA14/2397, North Bendalong 2 March 2015 p!4
Conclusion RHVA looks forward to a resolution to the long-term development and use of North Bendalong Headland. We believe it is vital to ensure any development is sustainable and responsible and believe that is best achieved within current zoning provisions whilst maintaining the eco-tourism intention underpinning this proposal. We believe those two outcomes are not mutually exclusive and should be a requirement of any approval. RHVA requests an opportunity to make a deputation to the Development Committee of Council when this matter comes before the committee. Should council staff or councillors have further questions regarding RHVA s position, please contact Justin Field on 0439 205 835. Justin Field Justin Field President, Red Head Villages Association 2 March 2015 About Red Head Villages Association RHVA is the Community Consultative Body (CCB), recognised by Shoalhaven City Council, representing the coastal villages of Bendalong, North Bendalong, Manyana, Cunjurong Point and Berringer. The Association engages its members and supporters, permanent local residents, absentee landlords and regular visitors on local issues through our association website, facebook page and regular association meetings. The Association holds meetings on the first Monday of every second month and has its Annual General Meeting on the Saturday of the Australia Day long weekend each year. The Association exists primarily to inform, involve, and motivate it members and the local community to engage in issues impacting our community and to have members dedicate themselves to maintaining this fabulous area on the South Coast of NSW. Red Head Villages Association Submission: DA14/2397, North Bendalong 2 March 2015 p!5
Appendix 1: ASIC Company Extract See attached document. Red Head Villages Association Submission: DA14/2397, North Bendalong 2 March 2015 p!6