2021-03-15 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                                    15 MARCH 2021


   The proposed pump station within the dam catchment area raises concern, as it would
   potentially result in the catchment being polluted should the system fail or not be adequately
   maintained. Furthermore, the proposed siting of the pump station as detailed in the
   engineering plans is not included on the architectural plans with the architectural plans
   detailing this area as a driveway.
   It is noted that the alignment of the private main is within the vicinity of the existing tree line
   within the golf course. This vegetation is an important component of the tree lined character
   experienced 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).

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