NOTICE OF DETERMINATION

made   under   section   68    of    the    Local Government Act 1993

 

 

 

Pursuant to Section 68 Part F2 of the Local Government Act 1993, notice is hereby given of the determination of the application by the consent authority. This approval should be read in conjunction with the conditions contained in Schedules 1, 2, 3 and 4. Advice and Right of Appeal information is contained in Schedule 5 and Schedule 6 and annexures.

 

Determination Outcome:	Approval, subject to conditions
APPLICATION DETAILS
Application No:	LG-2022/122
Licence Number	CP-2003/9
Applicant:	Alan Gibson, Wollongong Surf Leisure Resort Pty. Ltd.
Property Address:	Lot 2 DP 863756,   201 Pioneer Road, Fairy Meadow
Description of Development:	Approval to Operate Caravan Park and Camping Ground   Known as: Wollongong Surf Leisure Resort
Date of determination:	21 September 2022
Date from which the approval operates:	1 September 2022
Date on which the approval shall lapse:	1 September 2027

 

This document is authorised by:

Greg O’Donnell

Senior Development Project Officer Wollongong City Council Telephone (02) 4227 7111

 

 

 

NOTICE OF DETERMINATION

made   under   section   68    of    the    Local Government Act 1993

 

  SCHEDULE 1

 

REASONS FOR THE DETERMINATION & CONSIDERATION OF COMMUNITY VIEWS

 

The determination decision was reached for the following reasons:

• The activity, subject to the recommended conditions, is believed to be consistent with the objectives of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021
• The development will be provided with adequate essential
• The activity, subject to the recommended conditions, is unlikely to result in unacceptable adverse impacts upon the natural or built environments.
• In considering the application, matters taken into consideration included the public
• In considering the application, any submission issues raised have been taken into account and where appropriate conditions of consent have been included in the

 

REASONS FOR CONDITIONS

 

The following conditions are applied to:

• Confirm and clarify the terms of Council’s
• Identify modifications and additional requirements that will result in improved compliance, development, and environmental outcomes.
• Prevent, minimise, and/or offset adverse environmental impacts including economic and social
• Set standards and performance measures for acceptable environmental performance; and
• Provide for the ongoing management of the

 

 

 

NOTICE OF DETERMINATION

made   under   section   68    of    the    Local Government Act 1993

  SCHEDULE 2

 

SITES AND FACILITIES

 

1. This approval relates to a total maximum capacity maximum limit of 332 sites with actual available operations sites totalling 308. The maximum approved composition of site designation type and actual available operational sites being:

 

SITES

Site Type	Number Approved	Number Actual
Long Term	164	151
Short Term	143	143
Campsite	25	14
TOTAL	332	308

 

PROVIDED FACILITIES

 

Toilet and Shower Facilities

Building   Description Block 1	Toilets	Urinals	Showers1	Handbasins
Females	4	N/a	3	3
Males	4	0.83 lm	3	3
Accessible	1	Nil	1	1
Unisex
Facilities
Block 2
Females	10	NA	7	6
Males	10	1.9 lm	7	7
Accessible	1	Nil	1	1
Facilities

Note 1: each shower and handbasin required to be supplied with hot and cold water Note 2: NA – Not applicable

Laundry Facilities

Facility Type /Building Description Block 1 (north)

Washing Machines	4
Clothes Driers	4
Washing Tubs	3
Line Spaces (metres)	150
Block 2 (south)
Washing Machines	4
Clothes Driers	4
Washing Tubs	2
Line Spaces (metres)	350
Irons & Ironing Boards

20 irons and ironing boards available from park reception office and 50% of short-term of relocatable homes provided with iron and ironing board

Note 1: each washing machine and wash tub supplied with hot and cold water

 

 

 

NOTICE OF DETERMINATION

made   under   section   68    of    the    Local Government Act 1993

  SCHEDULE 3

 

CONDITIONS OF APPROVAL

 

1. This approval allows the operation of a Caravan Park and Camping Ground on the identified site being lot 2 in DP 863756.
2. The number and size of all sites are shown on the attached community
3. Off-site parking spaces for dwelling sites are shown on the community
4. The caravan park and camping ground is located on flood liable land. As such no relocatable home, rigid annex or associated structure is to be installed on flood liable land without the prior approval of the
5. This park shall be designed, constructed, maintained and operated in accordance with Division

3 sub-divisions 1 to 8 of the Local Government (Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021.

6. A person must not be permitted to stay in a moveable dwelling that occupies a short-term site or camp site for a total of more than 150 days in any 12-month period, unless the moveable dwelling is a holiday van and the person is the owner of that holiday
7. The owner of a holiday van that occupies a short-term site or camp site must not be permitted to stay in the holiday van for a total of more than 180 days in any 12-month
8. This approval provides the following variations to the Nil indicates that Council has not received notification or application of a variation. Yes indicates Section 82 application being prepared for submission to Department of Planning & Environment.

 

 

Section	Variation/Special Conditions
i)      Land area reserved for recreation of other communal activities (Section 84)	Nil
ii)     Setbacks of community buildings (Section 88)	Nil
iii)    Setbacks of dwelling sites and camp sites from road frontages (Section 89)	Nil
iv)    Use of buffer zones (Section 90)	Nil
v)     Width of roads (Section 94)	Yes
vi)    Road surfaces (Section 99)	Nil
vii) Water supply (Section 101)	Nil
viii) Sewerage (Section 102)	Nil
ix)    Garbage removal (Section 127)	Nil
x)     Maintenance of fire hydrants (Section 128)	Nil
xi)    Erection of buildings (Section 131)	Nil
xii) Running gear (Section 164)	Yes

9. The approval shall be prominently displayed on a part of the approved premises where it may be seen by all residents. Display shall be accompanied by the community map of the premises.
10. It is a condition of this approval that the land is not used for any commercial purpose other than a caravan park or camping ground or an associated purpose.

 

 

 

NOTICE OF DETERMINATION

made   under   section   68    of    the    Local Government Act 1993

 

 

11. It is a condition of this approval that the land is not used for the manufacture, construction or reconstruction of moveable dwellings (this condition does not prevent the on-site repair of moveable dwellings under section 123 of the regulation).
12. It is a condition of this approval that an annual inspection or other inspections of the premises may be conducted, by Council, to ensure continued compliance with the Act and the relevant
13. With reference to Section 128 of the Regulation, fire hydrants must be maintained to a standard no less than that to which the measure was originally designed and
14. With reference to Section 129 of the Regulation the holder of the approval for the caravan park or camping ground must submit to Council a fire hose reel certificate in relation to the fire hose reels once every calendar year. If a fire hose reel is newly installed, the certificate must be provided within 7 days of the completion of its installation. A fire hose reel certificate is to state, in relation to each fire hose reel installed in the caravan park or camping ground:

 

1. That the fire hose reel has been inspected and tested by a person (chosen by the holder of the approval) who is properly qualified to carry out such an inspection and test, and
2. That, as at the date on which the fire hose reel was inspected and tested, the fire hose reel was found to have been capable of performing to AS 1221:1997 and AS 2441- 1988, which is the minimum standard currently referenced by this

 

 

 

NOTICE OF DETERMINATION

made   under   section   68    of    the    Local Government Act 1993

SCHEDULE 4                                                                                                                                     

 

SPECIAL CONDITIONS

 

1. The program of works as identified in Annexure Three of the approval shall be completed within the time frames specified within the program of

 

2. Flood Emergency Response Plan (FERP); - A flood emergency response plan must be maintained and implemented at all times. A "Flood Emergency Response Plan (FERP)" is a plan that specifies the following:
   1. the location of all exits
   2. how the patrons and vehicles are to be evacuated or achieve “reliable access” from the area to a place of shelter preferably outside of the floodplain or a designated on site refuge with sufficient capacity for on site patrons above the PMF (Probable Maximum Flood) in the event of a
   3. details of a reliable, predictive rainfall and flood warning process. Including trigger for evacuation, monitoring of rainfall and flood levels, method of directing patrons and available time frame for
   4. appointed safety officers must have appropriate training in evacuating persons and vehicles from the area, buildings or structures to a place of safety in the event of a
   5. the management of vehicles on site and how vehicles are to be evacuated to designated areas above the floodplain in a timely and controlled manner prior to evacuation routes being cut off by flood
   6. Details of any ongoing maintenance requirements for equipment/components associated with the flood warning system to ensure that this system will be effective when
   7. a plan mapping details of reliable evacuation routes to designated refuge areas within the site.

 

3. Flood Emergency Response Plan – The applicant shall ensure that flood evacuation and flood response measures are carried out strictly in accordance with the procedures detailed in the “Flood Emergency Response Plan (FERP).

 

4. Structural Soundness Certification – Flood Refuge - The submission of a report from a suitably qualified and experienced structural engineer to Council is required. This report is required to verify that all structures used for flood refuge (i.e., pool deck and reception area) can withstand the forces of floodwater, debris and buoyancy up to and including the Probable Maximum Flood (PMF) level plus freeboard as determined by a suitably qualified consulting civil engineer.

 

5. Early Warning System – Details of an ‘early warning system’, including all mechanical and electrical components necessary to trigger the Flood Emergency Response Plan for the site shall be reflected in the Flood Emergency Response Plan. Early warning devices shall be placed within the site at the upstream or northern end of the resort in or immediately adjacent to the watercourse in addition to a similar early warning instrument/device also being placed within or immediately adjacent the watercourse in the vicinity of the Reception/Administration Building for effective monitoring purposes and maintained in operational condition at all times.

 

 

 

NOTICE OF DETERMINATION

made   under   section   68    of    the    Local Government Act 1993

 

6. Storage of Materials/Equipment - Areas shall be provided within the resort to store materials/equipment/structures susceptible to damage when inundated above the 1 in 100 year flood level plus freeboard as determined by a suitably qualified consulting civil Any storage of materials/equipment/structures located below the 1 in 100 year flood level plus freeboard shall be adequately secured to counteract the forces of buoyancy. The siting of these materials/equipment/structures shall be set back a minimum of 10 metres from the top of bank of watercourses, or edge of drainage channels and outside of low points and depressions. These items shall also be kept clear of any on site drainage pits.

 

7. External Storage of Materials/Equipment - No external storage of materials/equipment is permitted below the 1 in 100 year flood level plus freeboard as determined by a suitably qualified consulting civil engineer which is likely to cause pollution or be potentially hazardous during a flood

 

8. Overnight Camping – Overnight camping sites identified as flood hazard affected shall not be permitted. This requirement shall be reflected on all promotional materials distributed advertising the

 

9. Emergency Services – Access - The resort operators shall identify a safe route for emergency vehicles to and from the site during the peak of and for the duration of the This requirement shall be reflected on plans and associated documentation associated with the Flood Emergency Response Plan (FERP).

 

 

 

NOTICE OF DETERMINATION

made   under   section   68    of    the    Local Government Act 1993

 

  SCHEDULE 5

 

DOCUMENTATION

 

Plan / Doc.Title	Plan Ref. No	Date	Drawn By
Community Map	SL-190722 Drawing C01 Rev, A	19 July 2022	CK

 

In the event of any inconsistency between conditions of this approval and the drawings/documents referred to above, the conditions of this approval prevail. If there is any inconsistency between the plans and documentation referred to above the most recent document shall prevail to the extent of any inconsistency.

 

 

 

NOTICE OF DETERMINATION

made   under   section   68    of    the    Local Government Act 1993

  SCHEDULE 6                                                                                                                                                                                                                                                            ADVICE/S

1. Aboriginal archaeological deposit – In the event of any aboriginal artefact, object or

structure being unearthed because of work being carried out all work must cease immediately in the affected area, and the Biodiversity Conservation Division (BCD) shall be informed of the discovery. Work must not recommence until the material has been inspected and permission has been given by BCD to proceed.

 

1. Period for which Approval Operates - This approval becomes invalid after the lapsed date mentioned

 

1. Other Authorities - This approval does not imply or grant consent on behalf of any other authority or owner ie; Sydney Water Corporation, the Office of Environment & Heritage, Crown Lands or any other Government Department or

 

1. Structural Integrity of buildings and structures on site – this approval has not considered the structural integrity of any other building or structure on the site in relation to the installation of the approved waste treatment device or human waste storage

 

1. Vegetation - This approval does not authorise, grant or imply consent for the removal of Retain all trees protected by the Tree Management Chapter of the Development Control Plan. An application must be made to Council for the removal or pruning of any tree or trees on the property subject of the Notice of Determination.

 

1. Vegetation - This approval does not authorise, grant or imply consent to clear vegetation pursuant to relevant NSW Any necessary approvals pursuant to the legislation shall be obtained from the appropriate authorities.

 

 

 

NOTICE OF DETERMINATION

made   under   section   68    of    the    Local Government Act 1993

  SCHEDULE 7                                                                                                                                      RIGHT OF APPEAL

If you are dissatisfied with this decision including the conditions of approval:

 

A review of determination can be made under Section 100 of the Act, or

 

Section 176 of the Local Government Act, 1993 confers on an applicant who is dissatisfied with the determination of a council a right of appeal to the Land and Environment Court exercisable within twelve months from the date of this notice.

 

NOTES

 

• Consent operates from the determination date. For more details on the date from which the consent operates refer to section 101 of the Local Government Act, 1993.

 

• For more details on the lapsing date of consents refer to section 103 of the Local Government Act, 1993.

 

 

 

NOTICE OF DETERMINATION

made   under   section   68    of    the    Local Government Act 1993

 

  ANNEXURE ONE

Classification of Flood Risk Flood Level Information

You are advised that the property subject to this approval is located on flood liable land and identified being in a Low, Medium and High Flood Risk Precinct. Mapping of the flood risk precincts are available on Council’s web site.

 

Flood Policies

For information on Council’s requirements for development on flood affected lands, you are advised that this information is contained in Council’s Wollongong Development Control Plan (DCP) 2009 and the NSW Government’s Floodplain Development Manual 2005. These documents are available in Council’s Reference Library on Level 1 of the Council Administration Building in Burelli Street, Wollongong and Wollongong DCP 2009 is also available on Councils web site.

Alternatively you may wish to engage the services of a Consulting Civil Engineer who will advise you of your development opportunities.

 

Disclaimer

Council does not warranty the accuracy of the information provided by Council. A suitably qualified professional engineer should be engaged to assist in the interpretation of the information provided by Council.

 

Aboriginal Heritage

Council’s records indicate the site as affected by Aboriginal Heritage. Under Section 90 of the NSW National Parks and Wildlife Act 1974, a person must not disturb or excavate any land in NSW knowing or having reasonable cause to suspect that the disturbance or excavation is likely to result in an Aboriginal object being discovered, exposed, moved, damaged or destroyed unless the damage or excavation is carried out in accordance with an Aboriginal Heritage Impact Permit.

 

Acid Sulphate Soils

Council’s records indicate that the site is affected by Acid Sulphate Soils and further investigations are necessary in the event of any work involving the disturbance of natural ground

 

Coastal Zone

Part or all of the land is included in the "Coastal Zone Maps NSW" of the State Environment Planning Policy (Coastal Management) 2018.

 

Natural Resources Biodiversity

The land is included in the Natural Resources Biodiversity Sensitivity Maps of Wollongong Local Environmental Plan 2009.

 

 

 

NOTICE OF DETERMINATION

made   under   section   68    of    the    Local Government Act 1993

  ANNEXURE TWO

 

Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021 & Local Government Act 1993 definition excerpts1

 

"Associated structure" means:

1. a carport, garage, shed, pergola, verandah or other structure designed to enhance the amenity of a moveable dwelling and attached to or integrated with, or located on the same site as, the dwelling concerned, or
2. a separating wall between 2 moveable

 

"installation" means:

1. in relation to a manufactured home or a relocatable home--the process of connecting together the major sections of the manufactured home or relocatable home, and any associated structures forming part of the manufactured home or relocatable home, and attaching them to footings, or
2. in relation to an associated structure--the process of constructing or assembling the components of the associated structure, and (if appropriate) attaching them to footings, and includes the connection of gas, electricity, telephone, water, sewerage and drainage services

 

"moveable dwelling" means:

1. any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or
2. a manufactured home, or
3. any conveyance, structure or thing of a class or description prescribed by the regulations for the purposes of this definition.

 

"relocatable home" means:

1. a manufactured home, or
2. any other moveable dwelling (whether or not self-contained) that comprises one or more major sections, including any associated structure that forms part of the dwelling,
3. but does not include a tent, caravan or campervan or any moveable dwelling that is capable of being registered under the Road Transport (Vehicle Registration) Act 1997

 

"manufactured home" means a self-contained dwelling (that is, a dwelling that includes at least one kitchen, bathroom, bedroom and living area and that also includes toilet and laundry facilities), being a dwelling:

1. that comprises one or more major sections, and
2. that is not a registrable vehicle within the meaning of the Road Transport (Vehicle Registration) Act 1997, and includes any associated structures that form part of the

 

"holiday van" means a moveable dwelling (other than a tent) that is or usually is continuously located on a short-term site and used primarily by its owner for occasional occupancy for holiday purposes

 

"park van" means a moveable dwelling (other than a tent), whether or not capable of being registered under the Road Transport (Vehicle Registration) Act 1997, that:

1. is or usually is continuously located on a short-term site, and
2. is provided for hire, and
3. is used by a site occupier other than the owner of the moveable dwelling primarily for holiday

 

 

 

NOTICE OF DETERMINATION

made   under   section   68    of    the    Local Government Act 1993

 

“camp site” means an area of land within a camping ground on which a campervan or tent may be installed or, in the case of a primitive camping ground, on which a campervan, tent or caravan may be installed, and that is designated as a camp site by the approval for the camping ground.

 

"short-term site" means a dwelling site on which a moveable dwelling that is ordinarily used for holiday purposes may be installed and that is specified in the approval for a caravan park as being a short-term site.

 

"long-term site" means a dwelling site that is specified in the approval for a caravan park as being a long-term site.

 

Note 1: the above list of definitions is not a complete list of all definitions contained in the Act and Regulation

 

 

 

 

NOTICE OF DETERMINATION

made under section 68 of the Local Government Act 1993

 

ANNEXURE THREE PROGRAM OF WORKS                                                                                                                                         

 

 

Item #	Section of the Regulation	Non-Compliance & dwelling sites	Description of remedial actions/works, prior development and construction approvals needed	Completion Timeframe
a	99 Road surfaces All access roads, including all passing and parking bays, must— (a)   have an all-weather sealed or other surface finish specified in the approval, and (b)   be adapted to the land to enable adequate drainage and remove excessive grades.	The two parking areas north of the park entrance have loose gravel surface and are not sealed	Seal and appropriately drain parking area north of the park entrance.	1 September 2023
b	94 Width of roads   (1)   The width of an access road must be—   (a)   for a two-way access road—at least 6 metres,	Some of WSLR’s roads (sections of first avenue, second avenue and fourth avenue) are less than 6m wide, and are used for two-way access.	Make an application for a section 82 exemption regarding road widths, seeking an exemption for these roads to continue to be used for two-way access on the basis that compliance with this provision of the regulations is unreasonable or unnecessary.	1 September 2023
c	108 Facilities for people with disabilities (2) A caravan park or camping ground with at least 100 dwelling sites must have—	South Amenity Block does not have a disabled bathroom.	Provide a minimum of two accessible disabled off-site sanitary facilities, in accordance with Section 108 of the Regulation.	1 September 2023

 

 

 

 

NOTICE OF DETERMINATION

made under section 68 of the Local Government Act 1993

 

 

	(a)  2 disabled bathrooms for each sex, or (b)   2 unisex disabled bathrooms, or (c)  1 disabled bathroom for each sex and 1 unisex disabled bathroom.
d	102 (4) A short-term site must be provided with a disposal point, as specified in the approval, for the disposal of sullage (that is, domestic waste from baths, basins, showers, laundries and kitchens, including floor wastes from those sources) from any moveable dwelling installed on the site. More than one short-term site may be provided with the same disposal point.	Short term sites are connected to sewer, yet the disposal points need to be upgraded for the efficient disposal of sullage.	Existing disposal points will be upgraded for the efficient disposal of sullage for all short term sites.	1 September 2023
e	130 Buildings   (1) A building must not be erected in a caravan park or camping ground unless the approval allows the erection of the building.	WSLR has 6 Shipping Containers on site and a commercial laundry which are required to have development approval.	Application for DA approval for the Storage Shipping Containers and existing laundry building to be applied for under a new development approval.	1 September 2023
f	164 Running gear   The axles and draw bar of a caravan located on flood liable land must—	Caravans installed on long term sites prior to 2010 do not have Running Gear axles and draw bars.	Make an application for a section 82 exemption regarding regarding running gear on caravans installed on long term sites prior to 2010 which do not have Running Gear axles and draw bars on the basis that compliance with this	1 September 2023

 

 

 

 

NOTICE OF DETERMINATION

made under section 68 of the Local Government Act 1993

 

 

	(a)   not be removed, and   (b)   be maintained in good working order.		provision of the regulations is unreasonable or unnecessary.
g	86 Site identification   (1)   A dwelling site must be numbered or identified with its site boundaries clearly outlined.   (2)   The site identification must be easily recognised.	Most, but not all, of WSLR’s dwelling sites are numbered and identified with its site boundaries clearly outlined.	All of WSLR’s dwelling sites are numbered and identified with its site boundaries clearly outlined.	1 September 2023
h	91 Separation distances   (1)   A moveable dwelling must not be installed within the following distance of another moveable dwelling—   (a)   if located on a long-term site—3 metres, or   (b)   if located on a short-term site or camp site—2.5 metres.   (2) This section does not prohibit the installation of semi-detached relocatable homes on adjoining	Not all of the moveable dwellings installed on WSLR long term sites have been installed with a separation distance of 3 metres.	WSLR to submit a strategy to Council to address the separation distances non- compliance using smoke alarms.	1 September 2024

 

 

 

 

NOTICE OF DETERMINATION

made under section 68 of the Local Government Act 1993

 

 

	dwelling sites if they are separated by construction complying with the fire safety and sound insulation provisions in the Building Code of Australia, Volume Two, section 3.7.1 and 3.8.6 for class 1 buildings.
i	170 Wind resistance   The following must be restrained in accordance with the specifications of a practising structural engineer to withstand the wind forces applying to the terrain category in which the site is located—   (a)   a caravan installed on a long- term site for more than 150 days, and   (b)   a holiday van or park van installed on a dwelling site.	WSLR has caravans installed on long-term sites for more than 150 days to be checked that they are restrained in accordance with the specifications of a practising structural engineer to withstand the wind forces applying to the terrain category in which the site is located.	Provide confirmation that (a)   caravans installed on a long-term site for more than 150 days, and (b)   a holiday vans or park vans installed on a dwelling site are restrained in accordance with the specifications of a practising structural engineer to withstand the wind forces applying to the terrain category in which the site is located.	1 September 2023