2021-02-25 Special Meeting Agenda

SPECIAL MEETING AGENDA                                                           25 FEBRUARY 2021

when entering and existing Cooroy. It is unclear as to whether the development of the rising main
will impact on this existing vegetation.
Community Benefit
The applicant seeks to justify the conflict with the planning scheme by promoting that the
development will result in a number of benefits to the community.
The application material states that the Cooroy Golf Club is facing a substantial deficit this financial
year as a result of a declining membership base. On this basis it is agreed that the provision of one
10 year golf club membership per dwelling and upgrades to the golf club facilities would provide a
significant stimulus to the financial viability of the golf club at least in the short term.
Whilst it is acknowledged that the golf club provides a facility for people to recreate and socialise,
the benefits proposed by the applicant are generally contained to the Cooroy Golf Club and its 346
current members. There is likely to be a significant portion of Cooroy residents who would derive
no or little benefit from the proposed upgrades to the golf club noting that only 38 of the 346
submissions made in support of the application were from residents of Cooroy and Cooroy
Mountain, though the use of the new club house for functions may have some wider community
benefit. In summary, whilst it is understood that the proposal has the support of the golf club and
its members because it offers an upgrade of facilities and some ongoing security to the club’s
future, the paid membership is only for 10 years and these benefits do not outweigh the proposal’s
conflicts with the planning scheme.
Infrastructure Agreement
The provision of a golf club membership and the carrying out of works to the golf club as proposed
by GemLife cannot be conditioned as part of a development approval as they are not considered
reasonable and relevant conditions as required by the Planning Act 2016. As detailed in the
applicant’s response to the Information Request, GemLife for this reason, have advised that they
are agreeable to be bound by an Infrastructure Agreement (IA) to deliver the proposed outcomes.
In the response to the Information Request the applicant advised:
      The applicant has prepared an Infrastructure Agreement setting out the deliverables agreed
      between GemLife and the Golf Club to provide Council with the surety required that these
      benefits will be delivered. Council will be provided a copy of this agreement under separate
      cover and the applicant is willing to execute this agreement prior to a development approval
      being issued.
On 22 January 2021 the applicant provided an Infrastructure Agreement executed by the applicant
whilst the Cooroy Golf Club and the current landowners of 122 and 144 Myall Street (the Rural
zoned land) provided their consent to the agreement.
The agreement includes the following deliverables:
•    Work contribution to design and construct a new golf club house.
•    Work contribution to fit out new golf club house.
•    Work contribution to design and construct a car park.
•    Work contribution to design and construct new vehicle access road to new golf club house
     (a shared access with the seniors living community).
•    Work contribution to design and construct golf buggy storage shed.
•    Financial contribution of 1 golf membership in the Cooroy Golf Club Inc. for each dwelling in
     the seniors living community for a period of 10 years.
•    Work contribution to design and construct retrofits to existing golf course layout.
•    Financial contribution to Cooroy Golf Club Inc. for course improvements (not already covered
     by Golf Course Draft Master Plan 7).
The agreement has been reviewed by Council’s external planning solicitor who has raised a
number of concerns relating to the capacity of the agreement to ensure that the proposed
works/financial contributions are delivered. It has also been advised that the Cooroy Golf Club

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