STRATEGIC DEVELOPMENT: Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell)

Attachment 4(a) Submissions Received during Public Exhibition - Summary of Issues & Comments (Issues 1-8)

ATTACHMENT – ITEM 1

1 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Key Topic Issue Comment 1. Aircraft Noise

Flight Path 1.1 Flight Path & Noise Sharing Recommendations of the supplementary report as well as Tralee is affected by Canberra Airport’s flight paths and a clause in the Draft Plan will mean that South Tralee development under the flight path will result in: future residents will be amongst the best informed and - residents being exposed to unacceptable levels of noise protected against aircraft noise in the Region in the event - noise complaints from Tralee residents that the development proceeds,. This would be expected - noise sharing (altered flight paths over Canberra/NSW) to dampen any future calls from this community for noise - creation of noise lobby groups sharing and/or a curfew. - a curfew for Canberra Airport The relevant clause in the Draft Plan is 7.2 Development - and other restrictions on airport. in areas subject to aircraft noise which exceeds the applicable standard in NSW being Ministerial Direction 3.5 Development Near Licensed Aerodromes . It does this by requiring noise insulation for all development in accordance with the Australian Standard AS 2021 up to interior noise levels. Noise sharing is controlled by Commonwealth long standing policy called Environmental Principles and Procedures for Minimising the Impact of Aircraft Noise . Council’s consultants have reviewed this policy and conclude that noise sharing would be contrary to that policy.

1.2 Adverse impact on development from flight path Environmental impacts from aircraft movements are Impact of exhaust pollution and reverberation and vibration on controlled by the Commonwealth. It would be expected properties/people under flight path. that any future residents of South Tralee would be afforded the same degree of protection as residents in similar situations. In relation to vibration. Clause 7.2 of the Draft Plan exceeds the NSW standard (being Ministerial Direction 3.5 Development Near Licensed Aerodromes ) by requiring noise insulation for all development in accordance with the Australian Standard AS 2021 up to interior noise levels.

2 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

1.3 Development under Flight Path This area was identified for future development by the The best way to avoid complaints about aircraft noise –which endorsed Queanbeyan Residential and Economic inevitably leads to difficulties and unhappy rate payers, is to Strategy 2031 which considered a whole raft of issues in ensure development does not occur under flight paths. addition to aircraft noise. In addition Draft Plan exceeds the NSW standard (being Ministerial Direction 3.5 Development Near Licensed Aerodromes and calling up the Australian Standard AS 2021) for aircraft noise mitigation and which is triggered by Canberra Airport’s Ultimate Capacity ANEF.

1.4 Flight Path A number of submissions indicate considerable interest in People do not want to live under a flight path. the development of this area and urge South Tralee to proceed. Purchasers will be very well informed at the time of purchase.

1.5 Flight Path inappropriate for Residential development The applicable standard in NSW is Ministerial Direction Inappropriate development on ‘off airport’ land, or development 3.5 Development Near Licensed Aerodromes which calls in green field areas affected by flight path/high noise should not up the Australian Standard AS 2021. Clause 7.2 of the occur. Residential landuse and development under (or Draft Plan exceeds the NSW standard for aircraft noise potentially under a flight path) is inappropriate. mitigation as triggered by Canberra Airport’s Ultimate Capacity ANEF.

1.6 Retain Flight path as non residential See comment 1.5. Flight corridor has been free from residential development since 1960’s and mistakes of other cities should be avoided.

3 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

1.7 Flight Path inappropriate for Residential development The endorsed Queanbeyan Residential and Economic Council has opportunity to actively avoid the well known and Strategy 2031 considered a whole raft of issues in documented confrontation between (future) residents beneath a addition to aircraft noise when identifying South flight path and the airport operator. Council should not be Jerrabomberra for future residential and employment seeking short tem financial benefit from private development development. In addition clause 7.2 of the Draft Plan while imposing future costs on future residents. exceeds the NSW standard for aircraft noise mitigation (being Ministerial Direction 3.5 Development Near Licensed Aerodromes and calling up the Australian Standard AS 2021) and which is triggered by Canberra Airport’s Ultimate Capacity ANEF.

1.8 Flight Path inappropriate for Residential development See comment 1.7. It has long been recognised that good planning practice would be to prevent the co-location of inappropriate land uses

1.9 Flight Path – Acoustic and Noise control standard Any future draft plans in areas affected by aircraft noise The controls in relation to acoustics and noise intrusion in the will have to have regard to the applicable standard in S65 Certificate should not become a precedent for future land NSW at the time as well as the technically endorsed use planning in the area. ANEF at the time.

1.10 Senate findings The applicable standard in NSW is Ministerial Direction Council should consider the recent findings of the 3.5 Development Near Licensed Aerodromes which calls Commonwealth Senate with respect to aircraft noise. up Australian Standard 2021 and which the Airports Ultimate Practical Capacity ANEF triggers and the Draft Plan exceeds.

1.11 ACT approach to Aircraft noise See comment 1.10. There has been no recognition of ACTs approach to minimising aircraft noise

1.12 Flight Path maps and document availability Hard copies of the technically endorsed Ultimate Practical Aircraft flight path and noise related maps were not made Capacity ANEF were amongst the displayed material at 5 available on the QCC web site. locations. Notification letters and the public notice advised the public that the ANEF was not available electronically.

4 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

1.13 Safety risks Safety is a Commonwealth Government responsibility. As There are safety risks to development within flight paths: such it would be expected that any future residents of - Planning for take-off and landings will be more difficult South Tralee and/or pilots using Canberra Airport would - Potential for greater impact on residents if an accident does be afforded the same degree of protection as occur (result from increased pilot demands and residential residents/pilots in similar situations. However at the same under approaches etc) time it needs to be noted that the Draft Plan and - Adverse impact on aviation safety and pilot workload from endorsed Queanbeyan Residential and Economic the increase in arrangements to vector aircraft in the event Strategy 2031 propose large open space areas in a north- Tralee is developed for residential south direction which could be used in an emergency. - Proposal is unnecessarily removing a safety zone for aircraft during takeoff and landing.

1.14 Health risks Environmental impacts from aircraft movements are a Health risk for schools within Flight Path. Commonwealth Government responsibility. As such it would be expected that any future residents of South Tralee would be afforded the same degree of protection as residents in similar situations. In regard to impacts from aircraft noise any school will have to be insulated to Australian Standard AS 2021 interior noise compliance standards and the Draft Plan more than complies with the NSW standard for aircraft noise.

1.15 Health risks See comment 1.14. Potential for adverse health impacts if residential and other community and outdoor recreation uses are located under the flight path, including air and noise pollution, aircraft fuel. 1.16 Flight Path complaints Submissions confirm this, however this is not widely Aircraft over flights often result in residents up to 30kms away accepted in the South Jerrabomberra Valley. lodging complaints.

1.17 Prior relocation of Flight Paths Council is aware of this. Flight paths were moved away from Jerrabomberra & South Tralee for Runway 17 following consultation with the community representatives, aircraft operators and the airport;

5 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

1.18 Adverse impacts on existing residential areas Submissions confirm this. Jerrabomberra, Royalla and Fernleigh residents have complained and resulted in changes to flight paths affecting other residents elsewhere.

1.19 Adverse impacts on existing residential areas Noise sharing is controlled by Commonwealth long Noise sharing resulting from Tralee development will adversely standing policy. Council’s consultants have reviewed this affect existing Canberra residents by causing policy and conclude that noise sharing would be contrary - interrupted sleep patterns to that policy. In addition should the Draft Plan proceed - cost impacts to retro fit noise insulation on homes and South Tralee be developed, recommendations of the supplementary report as well as a clause in the Draft Plan will mean that its future residents will be amongst the best informed and protected against aircraft noise in the Region in the event that the development proceeds. This would be expected to dampen any future calls from this community for noise sharing.

1.20 Adverse impacts on existing residential areas See comment 1.19. Disruption and harm will be caused to nearby communities if the airport is affect by residential development under the flight path.

1.21 Adverse impacts on existing residential areas Should the Draft Plan proceed this should not affect the - At present Queanbeyan and Canberra residents are Noise Abatement Areas which in any case is a protected by Noise abatement areas. It should be left the Commonwealth responsibility. way it is. See also comment 1.19. - Noise sharing will unfairly disadvantage existing residents who live in the Queanbeyan area.

1.22 Noise abatement / noise sharing Should the Draft Plan proceed this should not affect the Noise abatement measures already exist. Development at Noise Abatement Areas which in any case is a Tralee would require additional need for such measures at a Commonwealth responsibility. cost to air industry.

6 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

1.23 Noise Sharing See comment 1.19. Also Clause 7.2 of the Draft Plan Growth at Airport including overseas flights will probably worsen exceeds the aircraft noise Insulation standard for NSW situation. (being Ministerial Direction 3.5 Development Near Licensed Aerodromes and calling up the Australian Standard AS 2021) as it will apply to all development in South Tralee should it proceed.

1.24 Noise sharing The Draft Plan exceeds the Airport’s Ultimate Capacity Development at Tralee will remove the ability of ‘offset paths’ ANEF which already includes offset paths. Also see (through advanced technology) to be flown (particularly over comment 1.19. Tralee) to reduce impact on Jerrabomberra residents. There is no guarantee that noise will not be moved back over Jerrabomberra.

1.25 Legal implications relating to noise and safety Clause 7.2 of the Draft Plan exceeds the aircraft noise Potential for legal ramifications for development under flight path Insulation standard for NSW (being Ministerial Direction (for Council and others) both from noise and safety perspectives. 3.5 Development Near Licensed Aerodromes and calling Reference also made to other developments such as that at Port up the Australian Standard AS 2021). Stephens, Perth and Gold Coast.

1.26 Future residents The supplementary report to the Tralee LES make a Each contract for future land/home sales should state that number of recommendations to advice future purchasers owners purchase at own risk/advice of flight path/include on aircraft noise should the Draft Plan proceed. This will covenant on title regarding potential for noise. make them amongst the best informed residents on aircraft noise in the Region.

1.27 Future residents Recommendations in the supplementary report would Concerns about unintentionally misleading potential buyers of make this difficult to achieve. land in Tralee about maximum aircraft noise.

1.28 Future residents – buyer advisory Disagree. This is only one recommendation of the THE Noise Assessment Report recommends for a “buyer supplementary report. Others include that all buildings advisory policy” in order to limit future potential complaints by should be insulated to AS 2021 interior standards which Tralee residents. This attempt to transfer risk to the buyer is not is taken up by clause 7.2 of the Draft Plan. a solution and present as a High Risk to the Queanbeyan and Canberra communities in the long term.

7 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

1.29 Future Residents – legal implications The Buyer Advisory Policy as recommended in the The decision once made will impose a heavy burden of supplementary report will be implemented through s 149 disclosure upon the Queanbeyan Council in order to attempt to Environmental Planning and Assessment Act 1979 (s149 meet the possibility of legal action at the instance of those who certificates). This is currently being used as well as other take up residence under the flight path. approaches for residents currently exposed to aircraft noise without any apparent legal implications.

1.30 Alternative development options Disagree. Alternatives were considered by the Council should work with Government and Airport to develop a Department of Planning in its December 2008 addendum complementary planning scheme/avoid green field development report on the endorsed Queanbeyan Residential and within flight path and avoid scenarios of other cities. Look to Economic Strategy 2031 and not supported for a whole other areas like Googong, Queanbeyan North and Nth ACT. range of reasons.

High Noise Corridor 1.31 High Noise Corridor The applicable standard in NSW is Ministerial Direction The High Noise Corridor encompasses Canberra Airport’s 3.5 Development Near Licensed Aerodrome which the arrivals/departures and protects 99.5% of Queanbeyan and ACT Draft Plan exceeds by requiring noise insulation for all residents from aircraft noise. development in accordance with the Australian Standard - Residential development within an area/zone/high noise AS 2021 with respect to interior noise levels. Tralee has corridor is not recommended. been designed in accordance with the Canberra Airports - High Noise Corridor should be protected/reserved from endorsed Masterplan. development as: - runway capacity is scarce - all aircraft noise channelled into corridor - Canberra is the only Capital City protected from Aircraft Noise. 1.32 Noise Sharing See comment 1.19. In addition the Draft Plan complies Concerns over aircraft noise which could result in noise sharing with the Airports Ultimate Capacity ANEF. It forecasts an and operational restrictions to the airport; increase of 3.5 times current aircraft movements over the next 40-50 years or annual movements of 282,119 fixed wing aircraft movements. These include international, freight and domestic aircraft movements.

8 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

1.33 Impacts on existing residential areas Any adverse change on the future amenity of Protection of long term amenity of Jerrabomberra residents by Jerrabomberra if the Draft Plan and development retaining corridor of land that permits light industrial uses and proceeds is not anticipated in the supplementary report to overhead airport operations the Tralee LES.

1.34 Mapping of noise complaints Submissions indicate this to be the case. Canberra Airport mapping of noise complaints indicates complaints within or near high noise corridor, ANEF 15 or 20 contours, or south of High Noise Corridor but located around runway extended centre line.

Impacts on Airport 1.35 Adverse impact on future Canberra Airport operations and Canberra Airport’s technically endorsed Ultimate Practical potential Capacity ANEF triggers the applicable standard in NSW Adverse impact on future Canberra Airport operations and i.e. Ministerial Direction 3.5 Development Near Licensed expansion plans/growth/economic productivity to enable it to: Aerodromes . It forecasts an increase of 3.5 times current develop as a 24hr freight hub (and associated benefits including aircraft movements over the next 40-50 years up to VFT, new jobs), increase night movements, receive Sydney 282,119 fixed wing aircraft movements annually. These Airport traffic/overflow, function as an alternate (second) airport include international, freight and domestic. The Draft Plan for Sydney, and provide international flights. more than complies with the NSW standard for aircraft noise by requiring noise insulation for all development in accordance with the Australian Standard AS 2021 with respect to interior noise levels.

1.36 Adverse impact on future Canberra Airport operations and Land use planning used to produce the Draft Plan takes potential into account Canberra Airport’s Ultimate Capacity ANEF. Canberra Airport has significant expansion plans. Tralee will This forecasts an increase of 3.5 times current aircraft result in: movements over the next 40-50 years or annual - adverse impact upon expansion plans and cap the airport’s movements of 282,119 fixed wing aircraft movements. long term economic viability These include international, freight and domestic aircraft - result in reduced economic development of the region movements. Tralee has been designed in accordance - reduced potential role of the airports long term development with the Canberra Airports Masterplan. potential . Canberra Airport should be allowed to operate to capacity.

9 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

1.37 Adverse impact on existing Canberra Airport operations See comment for 1.36. Adverse impact on existing Canberra Airport operations, airfreight, airport financial viability and contribution to ACT, surrounding NSW, and Queanbeyan economy and communities. Queanbeyan will benefit by expanded airport.

1.38 Adverse Impact on Canberra Airport operations See comment for 1.36. Businesses, government, jobs, construction, and tourism industry likely to benefit from growth of Airport. Tralee will have an adverse impact on such benefits. 1.39 Adverse Impact on Canberra Airport operations See comment for 1.36. Adverse impacts on freedom of travel for Canberra and Queanbeyan and other residents in the region. 1.40 Adverse Impact on Canberra Airport operations See comment for 1.36. Adverse impact on the future development of the region/Queanbeyan area and economic benefits from Canberra Airport by constraining expansion/growth of Airport. Long term benefits to airport to be considered against short term development benefits. Canberra Airport represents single most important asset for doing business in the region and for community amenity generally. 1.41 Adverse impact on Airport operations Land use planning for the Draft Plan observes the No other major city airport in Australia has the same advantages Airport’s Ultimate Practical Capacity ANEF. This forecasts as Canberra Airport in terms of current planning and minimal a 3.5 times increase of current aircraft movements over impacts from noise due to no development in flight approaches. the next 40-50 years up an annual total of 282,119 fixed The proposed residential development will jeopardize this wing aircraft movements. These include international, comparative advantage. freight and domestic aircraft movements.

1.42 Adverse Impact on Airport operations– flights and cost See comment for 1.36. Curtailing growth/curfew at Canberra airport will result in increasing daytime traffic and increasing costs for the airport.

1.43 Adverse impact on Airport operations See comment for 1.36. National Airports need to be protected from operational restrictions.

10 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

1.44 Impact on Airport See comment for 1.36. Tralee puts at risks the investments made on site at the airport including the new terminal, future growth-hubs, internal freight. Australian Noise Exposure Forecast ANEF 1.45 ANEF limitations The Draft Plan more than complies with the NSW Development between ANEF 20 and ANEF 25 is not acceptable standard for aircraft noise (being Ministerial Direction 3.5 for residential development. 40%-50% of development is within Development Near Licensed Aerodromes and calling up ANEF 20. the Australian Standard AS 2021) by requiring noise insulation for all development in accordance with the Australian Standard AS 2021 with respect to interior noise levels.

1.46 ANEF limitations See comment 1.45. The residential boundary is only about 200m from the 25 ANEF contour. These contours are only theoretical and change over time with aviation technology and flight procedures – 200 m is a minute margin in terms of noise distribution. 1.47 ANEF limitations Canberra Airport’s technically endorsed Ultimate Practical The ANEF system is a flawed system for determining land use Capacity ANEF is the basis of the applicable standard in around airports and refer to Federal Court Case regarding NSW i.e. Ministerial Direction 3.5 Development Near Brisbane Airport Corporation. Licensed Aerodromes which calls up Australian Standard AS 2021. The Commonwealth’s National Aviation White Paper retains the ANEF system although it recognises that it needs to be improved.

1.48 20-25 ANEF The draft plan exceeds the NSW standard which is Development within the 20-25 ANEF contour is not compatible Ministerial Direction 3.5 by requiring noise insulation for with residential and educational uses. all development in accordance with the Australian Standard AS 2021 with respect to interior noise levels.

11 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

1.49 ANEF Appropriate planning tool Canberra Airport’s Ultimate Practical Capacity ANEF Contrary to repeated suggestions by Canberra Airport triggers the applicable standard in NSW i.e. Ministerial submissions, the ANEF system combined with AS 2021 is an Direction 3.5 Development Near Licensed Aerodromes appropriate land use planning tool. which calls up Australian Standard AS 2021.

1.50 Master Builders Australia made a submission to enforce the Agreed. The continued use of the ANEF system is importance of AS2021-222 and the ANEF system in the recognised by the Commonwealth’s National Aviation Councils decision making process. White Paper while also recognising that the process for determining an ANEF needs to be improved.

1.51 Issues with Canberra Airport’s ANEF This comment does not relate to the Draft Plan and is a ANEF needs to be an accurate representation of an airports matter for Commonwealth determination. likely activity and capacity for expansion. Endorsement of the ANEF is open to manipulation by airport operators and the Senate Inquiry June 2010 recommended that an independent body be charged with the process of review of ANEF’s. Canberra Airports ‘Ultimate Practical Capacity’ ANEF is optimistic and based on untested assumptions and is misleading.

1.52 Issues with Canberra Airport’s ANEF This comment does not relate to the Draft Plan. Current ANEF misrepresents and grossly exaggerates the impact of aircraft noise.

1.53 Issues with Canberra Airport’s ANEF This does not relate to the Draft Plan. The aircraft noise envelope being processed is based on too much speculation.

1.54 Issues with Canberra Airport’s ANEF / Master Plan Comment has been considered. Concern expressed over any decision to refuse a rezoning based wholly or in part on a draft master plan prepared by a private sector airport operator. Such a decision would be set an inappropriate precedent that might affect development generally in NSW and Australia

12 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

1.55 Issues with Canberra Airport’s ANEF This does not relate to the Draft Plan. ANEF Maps can be prepared by the operator of an airport based on forecasts or a future (possible) operating environment without extensive testing or assumptions and validation of predictions. Canberra airport based assumptions on the same ultimate aircraft movements as Kingsford Smith Airport. The overestimation and bias impact on ANEF charts and these charts are not checked by Air Services Australia.

1.56 Issues with Canberra Airport’s ANEF Comment considered. Appropriate planning does not mean that valuable land in the vicinity of airports should have their development potential restricted by inappropriate use of the ANEF system

Noise Attenuation 1.57 Noise attenuation Clause 7.2 of the Draft Plan requires insulation in Insulation and double-glazing to reduce noise impacts should be accordance with the Australian Standard AS 2021 interior undertaken although is also an undesirable solution. No noise compliance standards for all development, not only legislation to ensure noise insulation. Avoid housing near those within particular ANEFs as is the NSW standard. airports as opposed to noise insulating housing and schools.

1.58 Noise attenuation This is beyond the Draft Plan. Noise attenuation measures undertaken for dwellings is rendered ineffective when: - windows and doors are opened or - in open space areas outside houses.

1.59 Compliance with Australian Standard The Draft Plan exceeds the NSW standard (which is The development complies with the Australian Standard for Ministerial Direction 3.5 Development Near Licensed residential development in areas affected by aircraft noise which Aerodromes and calls up Australian Standard AS 2021). is applied with out exception to all other developments across the nation.

13 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

1.60 Compliance with Australian Standard The Draft Plan exceeds the NSW standard (which is Buildings will comply with Australian Standard for residential Ministerial Direction 3.5 Development Near Licensed development in areas affected by aircraft noise (AS2021) and Aerodromes and calls up Australian Standard AS 2021). plan should not be opposed based on this issue. The National It is also noted that the Commonwealth’s National Standard (ANEF) is being retained as outlined in the National Aviation White Paper retains the ANEF system although it Aviation White Paper. Plan is reasonable and LEP makes recognises that it needs to be improved. appropriate provisions for dealing with aircraft noise. Studies address issue of aircraft noise.

1.61 Compliance with Australian Standard The draft plan exceeds the NSW standard (which is Development complies with AS2021 under Ultimate Capacity Ministerial Direction 3.5 Development Near Licensed ANEF for residential areas affected. Residents will be Aerodromes and calls up Australian Standard AS 2021). adequately protected from excessive aircraft noise and Canberra Airport will be unconstrained in its ambition to grow to its Ultimate Capacity.

1.62 Issue with Australian Standard The Draft Plan exceeds the NSW standard (which is A noise standard for construction in a dwelling will not be the Ministerial Direction 3.5 Development Near Licensed panacea the NSW Planning and Minister believe. The noise and Aerodromes and calls up Australian Standard AS 2021). its specific location are easily avoidable but cannot be managed Recommendations of the supplementary report and as other than by a curfew or other operations controls imposed on well as a clause in the Draft Plan will mean that South the Airport. Tralee future residents will be amongst the best informed and protected against aircraft noise in the Region in the event that the development proceeds,. This would be expected to dampen any future calls from this community for noise sharing and/or a curfew.

1.63 Amelioration of noise impacts Disagree. The supplementary report considers noise Noise tax or other compensatory mechanism may be introduced impacts in some detail and proposes recommendations in to support amelioration of noise impacts, or if noise sharing regard to them. Provisions of the Draft Plan also are occurs retrofitting, buyout, compensation should be undertaken. aimed at noise impacts. Other costs of impact upon airport passed onto community.

14 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Aircraft Noise not a problem

1.64 Aircraft Noise not a problem Comment has been considered. - Have visited site and do not consider aircraft noise a problem/constraint - Live in Jerrabomberra and noise is not a problem - Live at Tralee and noise not an issue nor have any visitors complained - Aircraft noise is not a problem in Hume and will not be a problem in Tralee.

NSW Planning Policy 1.66 S117 Direction 3.5 Development Near Licensed Aerodromes Ministerial Direction 3.5 Development Near Licensed The NSW S117 direction should not be used as future land use Aerodromes Is the applicable standard in NSW and calls planning yardstick nor interpreted to authorise the creation of up the Australian Standard AS 2021. Both the new noise affected suburbs. The potential effects of aircraft supplementary report and the endorsed Queanbeyan noise should be considered and analysed in the same way as Residential and Economic Strategy 2031 have adopted a other development constraints. constraints and opportunities approach in relation to aircraft noise. The result of this is the Draft Plan.

Commonwealth’s Policy & position on airports 1.67 Adverse impact on Commonwealth’s position on airports The applicable standard in NSW i.e. Ministerial Direction Rezoning should not occur in advance of the Commonwealth 3.5 Development Near Licensed Aerodromes and calls up proposal to develop a national framework (Safeguards for Australian Standard AS 2021. Airports and the Communities Around Them).

1.68 Adverse impact on Commonwealth’s position on airports The applicable standard in NSW i.e. Ministerial Direction The development will prejudice any attempt by the 3.5 Development Near Licensed Aerodromes and calls up Commonwealth to agree and to implement a land use planning Australian Standard AS 2021. regime around airports and contrary attempts to coordinate and protect the development of infrastructure assets

15 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

1.69 National Aviation Policy Green Paper and White Paper The supplementary report considers the White Paper and Consideration should be given to National Aviation Policy Green the approach of the Draft Plan is consistent with it. Paper and White Paper with regard to planning in areas surrounding airports, including Air Services Australia papers.

1.70 National Aviation Policy White Paper The DoP in recent correspondence considered by the The draft LEP is inconsistent with the National Aviation Policy supplementary report expresses a different view in regard White Paper for the following reasons: to the Draft Plan. - The paper states that airport operations should not be The Draft Plan also observes the Airport’s Ultimate threatened by new residential developments Practical Capacity ANEF. This forecasts a 3.5 times - Land use planning near airports should minimise sensitive increase of current aircraft movements over the next 40- developments being located in areas affected by aircraft 50 years up an annual total of 282,119 fixed wing aircraft operations movements. Tralee has also been designed in - In appropriate development near airports will result in accordance with the Canberra Airport’s endorsed constraints to their operations. Masterplan.

Noise Curfew 1.71 Call for Noise curfew Comment has been considered. The greatest noise impact will be from freight aircraft all day and night – should be campaigning for a curfew on airport operations regardless of South Tralee. Aircraft Operations 1.72 Aircraft Operations Canberra Airport’s Ultimate Practical Capacity ANEF Only a few aircraft types have the necessary technology to avoid includes a future RNP component and the Draft Plan noise sensitive areas and it is expensive. observes this ANEF.

1.73 Adverse impact on Instrument Landing Systems (ILS) Diversion could occur from Canberra due to inclement Adverse impact on Instrument Landing Systems (ILS) as aircraft weather whether the Draft Plan proceeds or not. would have to be diverted from Canberra during inclement weather at the cost of the carrier and in the long run to the cost of the general community under a user pays scheme. (Major Runway 35 (R35) is Canberra’s primary runway as it is the only on supporting ILS and requires pilots to fly straight down the approach path over Tralee).

16 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

2. Housing Housing Supply 2.1 Tralee will allow purchasers to buy house/land in area they Agreed if the Draft Plan proceeds and development desire to live. occurs.

2.2 Tralee provides an opportunity to increase the supply of Defence See comment 2.1 Housing

2.3 Support Tralee development as it will provide opportunity to See comment 2.1 purchase land at Tralee

2.4 Housing supply For many years Queanbeyan has lacked urban release Region is limited in supply of residential land, affordable housing sites. Should it proceed the Draft Plan provides the basis and rental accommodation to attract people into the for the first stage of a second major land release within Queanbeyan/ACT region which has left region in short supply of the local government area in accordance with the people willing to relocate. intentions of the endorsed Queanbeyan Residential and Economic Strategy 2031 .

2.5 ACT developments provide other housing fronts The endorsed Queanbeyan Residential and Economic Strategy 2031 acknowledges Queanbeyan’s right to have its own secure housing supply. To secure this for the next 25 years the endorsed Queanbeyan Residential and Economic Strategy 2031 identifies two urban release fronts which includes the area affected by the Draft Plan.

2.6 Housing supply See comment 2.1 Development will provide a much needed expansion to the existing residential housing stock in Queanbeyan including greater housing options.

17 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Affordable Housing 2.7 Supply of Affordable Housing Agreed which is a basic intention of the endorsed The rezoning will provide competition on two fronts in the local Queanbeyan Residential and Economic Strategy 2031 . housing and land markets providing more affordable housing.

2.8 Supply of Affordable Housing Agree. 10% affordable housing packages is proposed as Tralee has potential to supply housing for under $400,000 in part of a draft VPA currently being negotiated with the South Canberra region where supply is limited. applicant for the Draft Plan. - New housing not available in Tuggeranong. - Village Building Company are able to provide quality housing within price range.

2.9 Supply of Affordable Housing 10% affordable housing packages is proposed as part of Provides approximately 1000-1500 affordable homes and a draft VPA currently being negotiated with the applicant greater housing opportunities and choice. for the Draft Plan as part of a parallel process.

2.10 Supply of Affordable Housing Disagree. Housing stock in Queanbeyan has been More affordable housing not required. severely limited for many years which exerts upward pressure on house prices and adversely affects housing affordability. ACT Regional housing prices are some of the highest in Australia.

2.11 Supply of Affordable Housing Comment considered. The lack of affordable residential land in the vicinity of Hume is stunting the economic growth of Hume and creating difficulty in filling jobs.

2.12 The Draft Plan does not commit to affordable housing See comment 2.9.

18 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

2.13 Supply of Affordable Housing Disagree. Housing choice is also a concern of the Affordable housing objectives could be better met through other endorsed Queanbeyan Residential and Economic housing alternatives such as infill development. Strategy 2031 (Check) and Queanbeyan already has around 34% of its housing stock as medium density and above which probably represents the demand for this type of housing.

2.14 Supply of Affordable Housing SEPP 70 does not apply to Queanbeyan. SEPP 70 should be applied with the proportion of and benchmark for affordable housing determined following an analysis of social-economic date, housing need and income in the ACT – Queanbeyan region. 2.15 Adverse impacts on affordable housing Some costs will be borne by the developer and consumer Costs of noise attenuation on dwellings and other buildings will and will depend on the form of housing and market be contrary to affordability objectives. Concern that this will be conditions at the time of sale born by the resident not the developer.

2.16 Adverse impacts on affordable housing This is probably the case. Cost and delays of process make it difficult to produce affordable housing, not conducive to future investment, and urge Council and NSW Govt to complete process as matter of urgency

2.17 Adverse impacts on affordable housing See comment 2.9. There will be an increase in costs for housing to meet AS 2021- 2000.

Property Values 2.18 Adverse impact on property values Should the Draft Plan proceed this will depend on Concerned that as houses will be much cheaper than elsewhere comparative market conditions at the time. There is no this will result in an adverse impact on Jerrabomberra. justification for this comment.

19 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

3. Land Use and Alternative development options Alternate Residential areas 3.1 Royalla and Burra Other areas like these were considered by the DoP Royalla and Burra could be further developed instead of Tralee. addendum report on the Queanbeyan Residential and Economic Strategy 2031 and were rejected for a number of reasons and it was also felt that the development of this area provided a logical extension to Jerrabomberra. Royalla and Burra are burdened by unrealistic infrastructure costs which would not support affordable housing.

3.2 Queanbeyan or ACT A key objective of the endorsed Queanbeyan Residential Many other development options within Queanbeyan or ACT. and Economic Strategy 2031 is to provide new release Develop elsewhere/other options not under flight path. residential land in Queanbeyan in order to secure a 25 Abundant land is available. year supply of housing. This is to be done on two major fronts (South Jerrabomberra and Googong) to increase competition, housing choice, and affordability. Gazettal of the Draft Plan would complement the 2009 gazettal of the draft plan for Googong, and Googong is not considered as a replacement for development in South Jerrabomberra. Development of Googong alone would not deliver the objectives of the endorsed Queanbeyan Residential and Economic Strategy 2031.

3.3 Infill Residential Development More infill is a small part of the endorsed Queanbeyan Build high rise developments in Queanbeyan instead of Tralee. Residential and Economic Strategy 2031 . This in Increase Infill in Queanbeyan and Googong. recognition that Queanbeyan already has almost 36% of its housing stock medium density and above which is extremely high for a regional centre. See also comment 3.2.

20 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

3.4 Infill Residential Development More infill is a small part of the endorsed Queanbeyan Government has responsibility to increase infill development Residential and Economic Strategy 2031 . This in rather than expand urban boundaries with Greenfield recognition that Queanbeyan already has almost 36% of development its housing stock medium density and above which is extremely high for a regional centre.

3.5 Infill Residential Development See comment 3.2. Also concentrating only on Googong is Development of effective and sustainable infill within contrary to the endorsed Queanbeyan Residential and Queanbeyan and Googong precincts will result in less exposure Economic Strategy 2031 as it has the potential to result in to aircraft noise. a monopoly on urban release land and so has potential for adverse impacts on housing affordability and choice. 3.6 Googong This is inconsistent with the endorsed Queanbeyan Googong should be developed and will provide sufficient Residential and Economic Strategy 2031 and such a housing supply. Googong is preferred alternative to Tralee with Strategy would have the potential to create a monopoly less exposure to aircraft noise. 30 years supply from Googong over Queanbeyan’s land supply with potential adverse and Infill. Googong will provide 7500 dwellings. impacts on housing affordability. Gazettal of the Draft Plan would complement the 2009 gazettal of the draft plan for Googong, and Googong is not considered as a replacement for development in South Jerrabomberra. Development of Googong alone would not deliver the objectives of the endorsed Queanbeyan Residential and Economic Strategy 2031.

Land Uses for Tralee 3.7 Non residential The endorsed Queanbeyan Residential and Economic Land in high noise corridor should remain zoned non-residential. Strategy 2031 acknowledges the impacts of aircraft noise but also sees part of South Jerrabomberra as being potentially developed for residential subject to this constraint being properly addressed and meeting other conditions. There is no statutory definition of a “high noise corridor” considering the application of an ANEF.

21 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

3.8 Other Land Uses The April 2007 DoP Report on the Queanbeyan Other land uses could also be profitable for the land owner Residential and Economic Strategy 2031 considered without such adverse impact on air operations. alternative uses such as employment land. In regard to this it found that if this was pursued then Queanbeyan would have a gross oversupply of 200 years.

3.9 Commercial See comment 3.1 and 3.2. This is financially unrealistic Relocate commercial area from north Queanbeyan to Tralee and and impractical. create more residential in the north Queanbeyan (Yass Road area)

3.10 Industrial and Commercial See comment 3.8. Also part of South Jerrabomberra is to Tralee should be developed as light industrial/commercial or be developed for these type of land uses although as uses compatible with airport/Hume. noted by the endorsed Queanbeyan Residential and Economic Strategy 2031 demand for them is limited.

3.11 Industrial and Commercial The Draft Plans for the Poplars and North Tralee provide The future growth and sustainability of Queanbeyan requires for 130 hectares of employment land or enough to cater planning for long term demands for industrial and commercial for Queanbeyan’s needs for the foreseeable future. land releases which could be undertaken in this locality.

3.12 Rural Disagree. This is inconsistent with the endorsed Tralee should be retained as rural Queanbeyan Residential and Economic Strategy 2031 .

3.13 Open Space and Industry See comment 3.8. Also see comment 3.11. It would be better for Tralee area to be reserved as open spaces and for non labour intensive industry, such as perhaps warehouses and depots.

3.14 Holistic View Disagree. Planning for the Draft Plan have given The sustainability considerations underpinning the residential considerable weight to sustainability principles. development do not fully account for the impacts over time or holistically with other forms and opportunities for development including rural uses.

22 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

3.15 Educational This is inconsistent with the endorsed Queanbeyan Tralee should be developed as an agricultural secondary or Residential and Economic Strategy 2031 . tertiary college.

Other 3.16 Land Release Inquiry Recommendations The Draft Plan is consistent with the endorsed Does not comply with Land Use Inquiry recommendations. The Queanbeyan Residential and Economic Strategy 2031 Independent Panel Inquiry in 2006 recommended against and gives partial effect to it. development under the flight path. The preparation of the Queanbeyan Residential and Economic Strategy 2031 by Council was requested by the then Minister of Planning following the Inquiry into Queanbeyan Land Releases. For a number of reasons stated in the April 2007 review of this Strategy, the DoP found shortcomings in the Inquiry’s recommendations. These included: • Provide for only 15 years supply of residential land – at odds with the Department’s regional strategy process which aims to secure 25 year futures for each region • Providing only a single land release area at Googong leaves the market exposed to a single supplier with potential for negative impacts on housing affordability and choice Gave excessive weight to a single issue (aircraft noise) as against other issues such as the desirability of multiple land releases and importance of land release contiguous to Queanbeyan.

23 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

3.17 Land Release Inquiry Recommendations The recommendations of the Land Release Inquiry have The recommendation by the Independent Land Release Inquiry been considered by the endorsed Queanbeyan 2006 that stated that residential uses of land affected by aircraft Residential and Economic Strategy 2031 and as such noise should be avoided (concerning land use at Tralee) should have been superseded by the recommendations of the be adhered to. two DoP reviews of this Strategy i.e. April 2007 and December 2008. The DoP has also recently issued a Section 65 certificate which indicates that they continue to see merit in a Draft Plan which includes some residential proceeding.

3.18 Land for Population growth catered for Disagree. This was also not the view of the endorsed Tralee is not essential to accommodate normal population Queanbeyan Residential and Economic Strategy 2031 growth in the region. which in part sought to provide Queanbeyan with a secure a 25 year housing supply in a competitive environment.

3.19 General Aviation Recommendations of the supplementary report as well as Tralee is a good site for private general aviation but not for a clause in the Draft Plan will mean that South Tralee residential development as it will create conflict between future residents will be amongst the best informed and Canberra Airport, airline operators and residents. protected against aircraft noise in the Region in the event that the development proceeds,. This would be expected to dampen future possibilities for conflict from the new community.

3.20 Alternative Site The Draft Plan is for this site and so needs to be In the interests of fairness, the developers of Tralee site should assessed as such. be assisted by the Government in establishing an alternative site or sites.

4. Biodiversity

4.1 Consideration of Studies Site specific studies have referred to relevant references The findings from Ecological Connectivity for Climate Change in where necessary. ACT and Surrounding Regions is to be considered

24 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

4.2 Threatened Species In the first instance areas subject to threatened species DECCW is to be notified of any development impacting on have been zoned E2 or deferred in the Draft Plan. threatened species Secondly, any development is subject to planning processes under Environmental Planning and Assessment Act 1979 (including subdivision), specifically Section 5A that captures likely significant effect on threatened species, populations or ecological communities, or their habitats:

4.3 Environmental Issues Environmental issues are considered by the Development should not be undertaken without consideration of supplementary report and the LES. all environmental issues.

4.4 Environmental Conservation Lands The supplementary report recommends management There is no clear direction as to the ownership and management measures for E2 Environmental Conservation Zone. of the large areas of environmental conservation and the Should QCC become responsible for land zoned E2, the precedent this sets for the remaining conservation lands in management measures will form part of a Plan of South Jerrabomberra. Management under the Local Government Act 1993 . The DCP will also guide conservation management measures.

4.5 Wildlife Corridors The 2008 Biodiversity Study identifies Regional and local The 2005 Tralee LES (pp9 – 13) stated that planning for existing biolinks as an overarching study for the Local wildlife corridors should be considered at the landscape scale Government Area. Additional site specific studies and is essential for the long-term survival of threatened and recommend: E2 zone to protect threatened species, declining woodland species. How is it possible to undertake ecological communities and habitats for South Tralee. A landscape scale planning if the LEPs for different development native grasslands area has been deferred for future zones are developed in isolation? environmental studies.

4.6 Biodiversity Assessment of wider South Jerrabomberra See comment 4.5 South Tralee should not proceed until a comprehensive assessment has been undertaken of the impact on biodiversity, including cumulative impacts, at landscape scale, having regard to all development proposed in the wider South Jerrabomberra Valley, alternatively the secondary grassland area be protected as part of the conservation zone in South Tralee.

25 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

4.7 Legislation Disagree. The principle intention of the EPBC Act 1999 is The EPBC Act values not protected by the proposed to preserve items of national environmental significance, conservation zones at South Tralee be identified and the including items of the natural and built environments. rationale for the exclusion be explained to the public. Areas of land comprising threatened species and communities listed under the EPBC Act 1999 have been zoned E2 or otherwise deferred for future investigation.

4.8 8 Part test under section 5A of the Environmental Planning and See comment 4.2 Assessment Act 1979 should be used to assess threatened populations and threatened species habitat 4.9 PVP A search of the QCC database has not revealed any Need to identify existence of PVP, Management Agreements or Management Agreements or PVP related covenants that any other types of covenant that apply to the land. apply to the land.

4.10 Riparian DECCW, MCMA and supplementary report Riparian buffers to be considered ensuring adequate distance recommendations will be considered in drafting riparian from banks as recommended by MCMA to ensure protection of controls in the DCP. water quality and habitat. 4.11 Assessment of land and soil capability to be carried out and This is considered in the supplementary report which evaluate the erosion potential, salinity risk, etc Areas of states the geophysical nature of the site supports the disturbance to be mitigated. intended development. Guidelines for the protection and restoration of vegetated riparian areas developed by DECCW will be considered in the DCP along with Water Sensitive Urban Design principles.

Water Quality Impacts 4.12 South east of and above the proposed Dunns Creek Road is The area has been zoned E2 Environmental part of a vegetation corridor/bird migration route from the Conservation or deferred for future investigation. Tinderries to the Murrumbidgee. The surface and ground water system will dry out and further pollute Lake Burley Griffin. The supplementary report recommends Water Sensitive Urban Design principles be adopted throughout the development phase. These will be incorporated into a DCP to ensure maintenance of natural water flow regimes and protect water quality.

26 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Clearing 4.13 Habitat will be destroyed. This is considered by both the supplementary report and the Draft Plan which identifies considerable areas as environmental conservation.

4.14 Any clearing must be consistent with the Murrumbidgee CMA’s This is appropriate and to be considered at the DA stage. catchment action plan.

4.15 Clearing is to be avoided wherever possible, especially on See comment 4.13. overcleared vegetation communities.

4.16 The impact clearing may have on connectivity to be considered Areas that are vegetated have been zoned E2. Minimal particularly in fragmented landscapes eg South West Slopes land uses are permitted and development for roads is subject to development consent and thus consideration of clearing under the NVAct 2003 .

4.17 To offset impacts of clearing consideration should be given to Recommendations in the supplementary report rehabilitating landscapes through revegetation activities. encourage revegetation particularly within the buffer area adjoining Hume.

General 4.18 DECCW support LES statement that a biodiversity or This will be considered in the DCP/Master Plan conservation management plan covering the broader South preparation. Jerrabomberra urban release area would provide more effective land management of conservation areas

4.19 DECCW – E2 Zone Management measure should be developed Agreed. This will be done through various mechanisms: to ensure maintenance and enhancement of the conservation DCP controls, DA conditions and relevant Plans of areas Management.

5. Bushfire 5.1 Rural Fire Service Agreed. The RFS notes that previous advice has been incorporated into the draft LEP.

27 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

5.2 Fuel Management The site proposal has been the subject of a Bushfire No discussion regarding fuel management between ACT and Hazard Assessment as part of the recent supplementary NSW to decrease the fire risk. report work. This assessment included considerations and recommendations on the land adjacent to the ACT, and can be included in any DCP/Masterplan or DA assessment.

5.3 Fire affected Landuses in RE2 Zone See comment 5.2. This was also dealt with by the Draft Certain land uses in the RE2 zone (which could be impacted on Plan’s proposed RE2 zone and associated uses. in case of landscape fire) are not appropriate given the risk.

5.4 DECCW would like to reinforce APZs and other bushfire Noted. Can be addressed as part of any DCP/Masterplan protection measures are located within development areas and process and at development application stage if the Draft not in environmental protection zones Plan proceeds. 6. Community Facilities 6.1 Support for the draft LEP as the proposal will allow for the development of new and additional community facilities and Agreed if the Draft Plan proceeds as well as other infrastructure within the Queanbeyan and Jerrabomberra region approvals. to the benefit of residents including:
a private secondary school
local emergency services facility
expansion of Jerrabomberra public school grounds to allow for a sports field
increased shopping facilities
regional sporting playing fields
indoor aquatic swimming pool
indoor sporting facility
a primary school
child care facilities
community hall, road improvements
local retail shops
a sports precinct
new community sports club
sporting ovals
local centre.
Preschool in Poplars

28 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

6.2 Secondary school Comment considered and any school will have to be Proposed secondary school site is needed and complies with insulated to AS 2021 interior standards. ANEF regulations.

6.3 Community Gardens The use of public lands including openspace that may be Space should be set aside in South Tralee for community dedicated as part of any development can be managed gardens, which can be operated by community groups. through DCP and other mechanisms such as an adopted Provision of land for community gardens is particularly important Plan of Management. Uses such as community gardens given the small lot sizes proposed for the development site. would need to be considered as part of this process.

6.4 Community infrastructure to be provided in conjunction with the This is only one of the factors considered in supporting proposed development is not a sufficient justification for any Draft Plan. However there is no doubt that any proceeding with the rezoning. infrastructure that may be provided or required in order to develop the site would provide a community benefit. However as the supplementary report, makes clear there are many other factors that must be considered in deciding whether or not to support this Draft Plan. 7. Cross-Border Issues Land Use Conflict with Hume Industrial area 7.1 Landuse Conflict with Hume Disagree. The issues of managing conflict between land- Conflict will arise between residential land use and industrial uses has been dealt with throughout the supplementary development at Hume. report and other supplementary documentation, such as the Acoustic Review, Bushfire Hazard Assessment and options for managing noise, dust and odour, have been incorporated into the zoning of a buffer area under the Draft Plan as well as works that would be required as part of a DCP and DA, including mounding, buffer mounds etc. In addition any development in Hume will be subject to ACT environmental impact legislation.

29 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

7.2 Landuse Conflict with Hume Disagree. This is considered in the supplementary report. Proposed Buffer between Hume and residential areas is See comment 7.1. inadequate. Residents will complain about Hume. Hume will be incompatible.

7.3 Landuse Conflict with Hume The supplementary report did consider potential odour Cl. 7.5 does not provide for potential odour and air quality and air quality impacts as part of studies including those impacts on residential development from Hume. LES needs to undertaken by Heggies and PAE Holmes. Future uses in be updated to address this. Hume will also be managed under applicable ACT environmental impact legislation which would ensure that nuisance odour and air quality issues are appropriately managed.

7.4 Landuse Conflict with Hume Noted. However the more manageable nature of resource “Hume Resource recovery estate” could impact on amenity as its recovery(recycling) rather then waste disposal, distance uses expand between the sites, buffers proposed within the development, and applicable ACT legislation would minimise and mitigate any impacts.

7.5 Landuse Conflict with Hume Noted and reflected within the Draft Plan where Sensitive uses should not be permitted in the buffer zone considered appropriate and justifiable.

7.6 Landuse Conflict with Hume – asphalt plant See comment 7.3 Owners of 36 Sawmill Circ. Hume are proposing to establish an The supplementary report concludes that the proposed asphalt processing plant (approval already granted) adjacent to 250m buffer zone is likely to be sufficient to avoid dust the proposed neighbourhood centre and within 300m of the impacts particularly if there is a landscape design to proposed residential area. assist with screening from the industrial areas. Screening helps to reduce dust impacts by providing a Oppose the residential development as it does not result in physical barrier and some level of filtering by vegetation. “sustainable development” when it is located close to the asphalt It can also help, but to a lesser degree with odour processing plant. mitigation.

It is unlikely that a residential development within 300 metres of Disagree. There is a railway corridor between the plant an asphalt processing plant will provide an attractive walkable which is part of a 250 metre buffer separating any environment. residential. Also the location near an asphalt plant has to be considered against all the other recommendations of the supplementary report.

30 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

7.7 Holistic approach Disagree. Cross border impacts have been addressed in Lack of holistic approach to planning and consultation when the supplementary report. Also the ACT Government and determining the impact of development across the border. its agencies have been given numerous opportunities to comment on the proposal to rezone and to develop part of South Jerrabomberra as residential.

7.8 Tralee lies within the urban growth containment line identified in The Draft Plan is in accordance with the endorsed the 2004 Canberra Spatial Plan. Queanbeyan Residential and Economic Strategy and gives partial effect to it. The 2004 Canberra Spatial Plan is a matter for planning controls in the ACT Territory and has no relevance in NSW.

Cross Border General 7.9 Cross-border transport study The supplementary report explores this and notes Council should join with ACT, Commonwealth and NSW measures which gives effect to one. This includes the Governments to develop a cross-border transport study. north of the Eastern Region Transport Taskforce which is dealing with those matters. 7.10 Cross-border Noise Corridor The Draft Plan is in accordance with the endorsed Canberra and Queanbeyan need to be considered as the same Queanbeyan Residential and Economic Strategy and area and a noise corridor that serves both areas needs to be gives partial effect to it. In its report on the Queanbeyan retained. Residential and Economic Strategy the DoP observed: The proposed approach of using the endorsed Council Strategy as the basis of the NSW input into a joint Settlement Strategy also ensures that any decision made by the Minister about the future of Queanbeyan is not inconsistent with the ACT Government’s expectations regarding the management of cross border settlement issues.

7.11 Costs of Cross-border Impacts The financial implications of these are a matter of Rate income to Council from development will not address cross negotiation between the ACT and NSW governments and border impacts in ACT. are likely to be addressed in State Development Agreement.

31 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

7.12 Impact on Mugga Lane Waste Facilities Noted. However this is not necessarily a site specific Mugga Lane waste facilities lifespan will be shortened if waste impact and should be addressed as part of overall cross- from South Tralee is disposed of there. Any costs to be covered border infrastructure discussions. It also needs to be by NSW. noted also that access to facilities and workforce in NSW provides potential significant benefit to ACT and economy.

7.13 Cross border transport links - Dunns Creek Road Submissions have indicated that if the Draft Plan is There remain significant outstanding issues to be resolved gazetted then the ACT authorities will enter into around the cross border transport links in particular the timing negotiations on this type of matter. and funding of the Dunns Creek Road link from the Monaro Highway to South Jerra.

7.14 Settlement Strategy This is the case, but will be a matter for the DoP to The NSW ACT Cross Border Settlement Strategy is still not consider as part of the decision of whether or not to finalised. gazette the Draft Plan should Council resolve to proceed. Costs of Infrastructure 7.15 Transport Infrastructure costs This is likely to take the form of a State Development Developer, Council and NSW Government should accept costs Agreement which will be negotiated between the for connecting to ACT road/highway network. developers, the NSW Department of Planning and the ACT Government. It will not involve Council. Who will pay for the upgrades to the Monaro Highway and the already strained ACT infrastructure?

7.16 Infrastructure Costs Whilst the development would not necessarily contribute Tralee is not contributing towards roads or other infrastructure in directly to the ACT, it would provide commercial and other ACT. service infrastructure to the locality, including the Hume workforce, as well as a resident workforce source that will indirectly support the region. This will also be a matter for the NSW and ACT Governments to negotiate on, probably as part of a State Development Agreement and Clause 6.1 of the Draft Plan recognises this. It is noted that the ACT Government does not contribute either to roads in NSW.

32 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

7.17 Infrastructure Costs and Funding Agreement The ACT is beneficiary to a number of sources of revenue There is a lack of agreed funding arrangement to adequately that addresses the unique nature of cross-border impacts compensate ACT for infrastructure and services to support this between ACT and NSW. Through COAG representation development. It will put extra strain on ACT resources. and Grants Commission allocations over some time, ACT has been able to support the maintenance and provision of infrastructure and services. It should also be noted that ACT benefits significantly from positive economic impacts from workforce, migration and spending from NSW residents in the ACT. Regional population also provides the ACT with a critical mass to better support its economy and infrastructure. Any impacts will be negotiated through a State Development Agreement.

8. Development Form 8.1 Social Infrastructure and Water use Noted. These are considered in the supplementary Support inclusion of features that encourage walking and active report. transport, sustainable water use, suitability to an ageing population, and green spaces and parks.

8.2 Social and Recreation Infrastructure Potential pedestrian, cycle and public transport linkages Include feature in new town which encourage walking and active would be generally detailed as part of any DCP or sports and provision of accessible public transport. Should Masterplan for the site. The location of passive and active include green spaces to provide a social focus and equitable, recreational areas would also be addressed, however the safe opportunities for active living and social networks Draft Plan does support these uses through appropriate zoning, densities and permissible uses. These type of social and recreational infrastructure are also addressed in some detail by the supplementary report.

8.3 Consideration of Studies This along with other relevant guides could be Should use “Development and Active Living” resource from incorporated through the development of any DCP for the Premiers Council for Active Living for advice on active living. site. It would be expected that these would be considered.

Key Topic Issue Comment

33 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Key Topic Issue Comment 9. Draft Local Environmental Plan Aims of the Plan 9.1 Aims of the Plan – unable to achieve “a high level of amenity” Disagree. Amenity refers to a range of amenity issues referred to in Para 1.2, 2(b) in South Tralee because of aircraft including infrastructure and community facilities. noise.

9.2 Revise the wording of Aim (e) to clarify the wider role that the Agreed. Minor amendment to objective to be undertaken town centre will play in supporting the development of South to refer to South Jerrabomberra. B1 zone objectives Jerrabomberra. refer to surrounding neighbourhood.

Zone Objectives 9.3 Amendments sought to ensure consistency between objectives Agree. Council aims to ensure consistency in LEPs. in the Draft LEP with those proposed in the Comprehensive Noted for future action at comprehensive LEP stage for QLEP will assist in subsequently combining the two; specifically review. the B1 zone objective re: providing opportunity for small scale non residential uses should be included in the comprehensive LEP.

Zone Tables 9.4 Drainage should be permissible in all zones. DoP does not require inclusion as considered ancillary development and therefore permissible. R1 Zone. 9.5 Clarification required as to whether the R1 zone table will use DoP and Parliamentary Counsel’s (PC) opinion required group term “residential accommodation” or individual terms. If at S68 stage as technical LEP preparation matter. Note individual terms to be used “dual occupancies” should be that “residential accommodation” includes “dual included in the R1 zone table. occupancy”.

9.6 Objectives - re-word the referencing to ensure conformity with Agree. Delete “that” as wording incorrect. ESD principles to “have regard to ESD”.

34 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Key Topic Issue Comment 9.7 Provide for “educational establishments” as a use permissible “Educational establishments” permissible in zone under with development consent in the zone, to remove any ambiguity provisions of Infrastructure SEPP. with current “information and education facility” definition (which excludes schools as defined) and SEPP (Infrastructure) provisions and reference in Clause 7.5 of Draft LEP. 9.8 Provide for the following as a use permissible with in the zone: “Telecommunications facilities” and “water reticulation “telecommunication facilities” and “water supply systems”. systems” are permissible under provisions of Infrastructure SEPP. Insufficient information submitted to support need for inclusion of “water supply system”. B1 Zone. 9.9 “Public Halls” and “markets” should be listed as permissible in Both uses are already permissible in zone. The definition the B1 zone of “community facility” includes public halls and the definition of “retail premises” includes “market”.

9.10 Inappropriate land uses should be prohibited in the B1 zone eg Council aims to ensure consistency in LEPs. B1 zone “funeral chapels”, funeral homes”, “landscape supplies”. will be common zone adopted throughout city. In this regard it is noted for future consideration at comprehensive LEP stage for review.

9.11 Amend the local aims to clarify the opportunity for uses such as Council aims to ensure consistency in LEPs. B1 zone will supermarkets and those developments that will serve broader be common zone adopted throughout city. In this regard catchment (i.e. clarify “small scale retail” will enable these uses noted for future consideration at comprehensive LEP and also consistency for this across B4 zone to enable uses stage for review. such as restaurants and food outlets. Ensure consistency of approach to land use definitions and table across the two zones.

35 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Key Topic Issue Comment 9.12 Provide for the following as a use permissible with in the zone: Refer to comments 9.4 and 9.8 above. “amusement centre”, ”drainage”, “entertainment facility”, “flood “Telecommunications facilities” by public authorities mitigation works”, “function centre”, “home businesses”, “hostel”, permissible on any land under provisions of Infrastructure ‘nightclub”, “place of public entertainment”, “recreation areas”, SEPP. “sewerage system”, “telecommunications facility”, “water supply Not agreed to add additional uses. Council aims to systems”. ensure consistency in LEPs and recognise the hierarchy of centres of the LGA with the land uses permitted in each ‘B’ zone. The B1 zone will be common zone adopted throughout city. In this regard noted for future consideration at comprehensive LEP stage for review.

B4 Mixed Use. 9.13 “Health Consulting Rooms” is included in the “Business Agree. However, both definitions included in standard Premises” group term and therefore need not be separately instrument and unable to be amended by Council. Issue listed as permissible. to be outlined to DoP. 9.14 Amend the local aims to clarify the opportunity for uses such as Not Agreed. Council aims to ensure consistency in LEPs. supermarkets and those developments that will serve broader B4 zone will be common zone adopted throughout city. catchment (i.e. clarify “small scale retail” will enable these uses In this regard noted for future consideration at and also consistency for this across B4 zone to enable uses comprehensive LEP stage for review. such as restaurants and food outlets). Ensure consistency of approach to land use definitions and table across the B1 and B4 zones. 9.15 Provide for the following as a use permissible with in the zone: “Telecommunications facilities” by public authorities “amusement centre”, ”backpackers accommodation”, “exhibition permissible on any land under provisions of Infrastructure home”, “group homes”, “nightclub”, “sewerage systems”, SEPP. “telecommunications facility”, “water supply systems”. Council aims to ensure consistency in LEPs. B4 zone will be common zone adopted throughout city. In this regard noted for future consideration at comprehensive LEP stage for review. RE2 Zone.

36 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Key Topic Issue Comment 9.16 Signage should be permitted with consent. Council aims to ensure consistency in LEPs. RE2 zone will be common zone adopted throughout city. In this regard noted for future consideration at comprehensive LEP stage for review. Signage in form of “building identification signs” and “business identification signs” is considered appropriate and has been included in the Comprehensive LEP zone

9.17 The permissibility of “caravan parks” in the RE2 zone is contrary Clause 7.5 of LEP applies to caravan parks and provides to the areas purpose as a buffer to the Hume I ndustrial Estate. additional matters for consideration in relation to land Suggest seeking a variation to the DG direction re: maintain adjoining Hume and railway line. Council aims to ensure affordable housing including caravan parks where permissible in consistency in LEPs. RE2 zone will be common zone the equivalent zone. adopted throughout city and in this regard implements S117 Direction 3.2.

9.18 Delete “sensitive uses” from the RE2 Zone, including Caravan Not Agreed. RE2 zone will be common zone adopted Parks, Child Care Centres, Community Facilities, Public throughout city and is not a buffer zone. Clause 7.5 of Administration buildings and restaurants. LEP provides additional matters for consideration in relation to land adjoining Hume and railway line.

9.19 Provide for ‘educational establishments” as a use permissible Not Agreed. Educational establishments permissible with development consent in the zone, to remove any ambiguity within R1, B1, and B4 zones. RE2 zone will be common with current information and education facility” definition zone adopted throughout city. (excludes schools as defined).and SEPP (Infrastructure) provisions and reference in Clause 7.5 of Draft LEP.

9.20 Requires locally specific objectives that would reflect potential Not Agreed. Council aims to ensure c onsistency in LEPs. for a range of uses which are not necessarily recreation specific RE2 zone will be common zone adopted throughout city but are complimentary and otherwise consistent with the buffer and should not include specific objectives for South role of the RE2 land e.g. function centre, landscape and garden Tralee. Clause 7.5 of LEP provides additional matters for supplies, tourist and visitor accommodation and veterinary consideration in relation to land adjoining Hume and hospital. Clause 7.5 could also be expanded to address and railway line. allow range of uses.

37 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Key Topic Issue Comment 9.21 Include additional objective for the zone - “to provide a buffer Not Agreed. Council aims to ensure consistency in between Zone R1 Residential and the Goulburn Bombala rail LEPs. RE2 zone will be common zone adopted corridor and areas zoned industrial under the ACT Territory Plan throughout city and should not include specific objectives 2008” for South Tralee. Clause 7.5 of LEP includes suitable objectives dealing with this and provides additional matters for consideration in relation to land adjoining Hume and railway line.

9.22 That the following uses be removed from the Clause 7.5 and the Not agreed to remove uses from zone table. Council land use table for the zone: backpackers accommodation, aims to ensure consistency in LEPs. RE2 zone will be boarding house, caravan park, child care centre, community common zone adopted throughout city. Clause 7.5 of facilities, educational establishment, health consulting rooms, LEP provides additional matters for consideration in hospital, hostels, hotel information and education facilities, relation to land adjoining Hume and railway line. medical centre, motel, multi-unit dwelling housing, place of public worship, residential care accommodation, residential flat Refer also to 9.45. buildings, or tourist and visitor accommodation, seniors housing, serviced apartments, shop top housing.

9.23 That the buffer and accompanying maps for the RE2 zone and Disagree to buffer width amendment. Buffer width Visual and Acoustic Buffer (clause 7.5) be amended to 400 supported by Supplementary Report to Tralee LES 2010. metres, and/or require that works including mounding and planting etc. be required under a VPA entered into prior to LEP Agree that mounding/planting provisions be incorporated gazettal including details on standards, timing and design be within DCP and supported where appropriate in VPA. outlined to ensure that adequate buffer is provided to any residential development within 400 metres of Hume Industrial).

9.24 Provide for the following as a use permissible within the zone: Not Agreed. Council aims to ensure consistency in “educational establishments”, “entertainment facilities”, “flood LEPs. RE2 zone will be common zone adopted mitigation works”, “public administration building”, “passenger throughout city. Land uses such as “flood mitigation transport facility”, “place of public entertainment”, “place of works”, “sewerage reticulation system”, and worship”, “restaurants”, sewerage systems”, “telecommunications facility” permissible under provisions “telecommunications facility”, “water supply systems”. of Infrastructure SEPP.

E2 Zone.

38 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Key Topic Issue Comment 9.25 If the E2 zone is retained (see requested amendment to Land Not agreed. Council aims to ensure consistency in LEPs. Zoning Map), , additional uses such as agriculture, recreation The E2 zone will be common zone adopted throughout areas, information and education and dwelling houses be city. The E2 zone and landuses were gazetted for included as potential uses with consent, and design, siting and Googong LEP and is adopted as the standard for management principles should be addressed in the DCP. subsequent LEPs for city.

9.26 Clarify the permissibility of water supply systems in the zone (as Water supply systems not permissible. per LES (2010). 9.27 Provide for the following as a use permissible with in the zone: Not Agreed. See comments in relation to 9.25 above. “dwelling”, “sewerage systems”, “and telecommunications Land uses such as “sewerage reticulation system”, “water facility”, “water supply systems”. reticulation system” and “telecommunications facility” permissible under provisions of Infrastructure SEPP. Local Clauses 9.28 Clause 7.1 Airspace operations Impact on airport operations considered in Section 1. Residential development of Tralee would compromise the future Clause 7.1 is a model clause prepared by the DoP and operation of the airport and thus be contrary to this clause. represents their position for the matter. Airport noise Height restrictions have no bearing on noise issues. considerations are contained in Clause 7.2.

9.29 Clause 7.2 Development in areas subject to airport noise Clause 7.2 is a model clause prepared by the DoP as In relation to point (a) consideration to the number of dwellings amended at the recommendation of the DoP at S65 affecting people must extend beyond the border of NSW which stage. will be impacted by amendments to flight paths.

9.30 The Draft LEP does not adequately cater for restricting This matter can be addressed by DCP to ensure building development to below the 740m contour to maintain/improve envelopes are required for land in the vicinity of the 740 visual amenity. Suggest amendment of Clause 4.3 to restrict metre contour to limit roof height to below 740 metres. ridgeline height of building roofs to no higher than 740m contour. Consideration be given to the inclusion in a scenic protection overlay for city in future comprehensive LEP review.

9.31 Clause 2.6C Agree. “Jerrabomberra creek” already included in (3)(g) - After the words “on any watercourse” include the words exhibition version of LEP. including “Jerrabomberra Creek”. Confirm the circumstances by which earthworks are considered DCP to address “minor” earthworks. to be of a minor nature in South Tralee (potential to clarify within subsequent DCP).

39 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Key Topic Issue Comment 9.32 Clause 4.6 Clause 7.2 relates to requirements to meet AS2021- Clarify clause to ensure that the construction of houses will not 2000. Clause 7.2 is a model clause prepared by the DoP be permitted unless insulated etc in accordance with AS 2021 9 in recognition of Section 117 Direction, as amended at (at present enables to apply for an exemption) the recommendation of the DoP at S65 stage. It is Council’s opinion that the provisions of Clause 4.6 do not apply to Clause 7.2 although this will be clarified with DoP.

9.33 Clause 5.4(9)(b) Agree. LEP to be amended. Clause 5.4(9)(b) Reducing allowable self contained dwelling’s total floor area to 30% of principal dwelling (instead of 40%) will maintain consistency with Affordable Housing SEPP and may reduce the overall impact of development

9.34 Clause 6.3(3) Not Agreed. LES recommended LEP clauses rather than Clause 6.3(3) does not include clauses recommended for buffer DCP provisions. In this regard Clause 7.5 relates to land area between residential areas and Hume industrial estate at adjoining Hume and railway line and actions the LES pages 7-37 and 7-38 of LES supplement 2010. recommendation. Clause 87 of Infrastructure SEPP also applies to DCP must establish design of noise attenuation measures in development of a building for residential use, a place of buffer, and Draft LEP Clause 6.3(3) should be amended to public worship, a hospital, an educational establishment reflect this. or child care centre adjacent to a rail corridor and that the consent authority considers is likely to be adversely affected by rail noise or vibration. Clause 6.3 is a model urban release area clause prepared by the DoP.

Agree - DCP to incorporate design requirements for noise attenuation measures in buffer.

40 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Key Topic Issue Comment 9.35 Clause 7.6 – Dunns Creek Road Not Agreed. LEP requires a clause to ensure To provide flexibility in the location of Dunns Creek Road, development does not compromise or prevent its future remove this clause as it stands in the draft LEP and replace with construction. requirements to address in subsequent Masterplan and DCP (as per current process identified in Clause 6.3). This would also Deletion from Schedule 1 not agreed. Clause 7.5 of LEP negate the need for associated map in the LEP. will apply additional matters for consideration for any Schedule 1 proposal for “hotel and motel accommodation” in relation Delete the reference to “hotel and motel accommodation” to land adjoining Hume and railway line.

9.36 Clause 6.1- State and Territory Infrastructure DoP matter for consideration. Clause 6.1 is standard Clarify with DoP the necessary mechanisms and process for DoP clause although it is important to note that the words establishing satisfactory arrangements for provision of State and “Territory” have been added at the request of DoP in the Territory public infrastructure (i.e. Director General of DoP to case of this draft plan. certify, but what mechanism to ensure arrangements with ACT Government?) 9.37 Clause 6.2 DoP matter for consideration. Clause 6.2 is standard Requested change from “any public utility” to “any and all public DoP urban release area clause. utility’’.

41 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Key Topic Issue Comment 9.38 Clause 6.3 – Development Control Plan
(3)(e) - After the words “stormwater quality management Agree. Already included in the exhibited plan. “controls” include for the protection of water quality in Jerrabomberra Creek.

Include a new sub-clause: “(k) a 250 metre buffer between DoP matter for consideration as clause 6.3 is settled DoP the Hume industrial estate and the B1 and B4 zones at South clause for urban release areas. Tralee and 500 metres in relation to the R1 zone, and any residential use and any child-based use (e.g. child care centre, educational establishments etc) in any zone”.

Include a new sub-clause: “(l) appropriate noise mitigation Buffer width supported by Supplementary Report to measures such as buildings (for non-sensitive uses) within Tralee LES 2010. the buffer, appropriate residential design (that places non- Agree to matters being considered in preparation of DCP. habitable rooms facing the industrial area) and noise mounds Agree that building design and noise mounds are matters or walls along the boundary of the site or within the buffer for DCP. zone”.

Provide for matters currently addressed in this clause of the LEP matters to be transferred to DCP not agreed. See draft LEP to be considered in a DCP instead of LEP, as well response to Dunns Creek Road in 9.35 above. as issues under 7.6 (Dunns Creek Road) and 7.5.

Clarification of whether dwelling houses where clause 7.2 is Dwelling-houses may be complying development if they applicable will be able to be considered as complying meet the requirements and standards of LEP. development.

It has been requested that Clause 6.3(3) be amended to DoP matter for consideration as Clause 6.3 is settled require the DCP to include: DoP clause for urban release areas. (h) Designs and specifications for earth mounding, planting and other noise ameliorating measures within the “noise and visual buffer” established in Clause 7.5.

42 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Key Topic Issue Comment 9.39 Clause 7.1 Clause 7.1 is a model clause prepared by the DoP. DoP Clause should be modified to reflect that the proposed matter for consideration. development will penetrate the OLS (Obstacle Limitation Surface) for the Airport and should also be considered in terms of an assessment of PAN-OPS (Procedure for Air Navigation Services – Aircraft Operations).

9.40 Clause 7.2 Confirm that dwellings (in certain circumstances) will be Dwelling-houses may be complying development if they assessable as complying development in South Tralee meet the requirements and standards of LEP. considering the requirement to comply with AS 2021-2000 – Clause 7.2 is a model clause prepared by the DoP in Clause needs to be reviewed to ensure consistency with s.117 recognition of Section 117 Direction, as amended at the Directions, to ensure that the clause does not permit any request of the DoP at S65 stage. development which is inconsistent. Needs to be stronger requirements then consideration of development location in accordance with AS2021-2000 (previous draft LEP contained list of objectives – question why not retained).

Confirm how will compliance impact relate to meeting BASIX It is considered that the provisions of this clause will requirements and exempt and complying development assist in meeting BASIX requirements. provisions?

9.41 Clause 7.4 – Minimum Lot Sizes Not agreed. Insufficient information provided at this Adopt 400 metres as the basis for a walkable neighbourhood stage in support of proposed amendment. and as such amend the distance to which the minimum lot size of 170 sq metres would apply.

9.42 Clause 7.5 – Hume Buffer Not agreed. Considered unnecessary as clause refers to 7.5(l) - Rename the buffer to “Visual, Amenity and Acoustic buffer. Buffer” on the LEP map and within Instrument.

43 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Key Topic Issue Comment 9.43 Insert a new provision “requiring a minimum 250 metres buffer Not Agreed. Buffer width supported by Supplementary measured from the ACT/NSW border to the nearest block Report to Tralee LES 2010. Buffer established by clause boundary of the B1 and B4 zone at South Tralee and a minimum 7.5 and Local Clause map. of 500 metres buffer to the R1 zone and any residential use or child-based use (e.g child care centre, educational establishment) in any zone”. 9.44 The 250m buffer be measured from the rear of blocks within the Not Agreed. Buffer width supported by Supplementary ACT as that is the edge of the potential noise source and would Report to Tralee LES 2010. Buffer established by clause allow for the inclusion of the drainage resource of approximately 7.5 and Local Clause map which may only apply to LEP 30 metres in width which is not considered suitable for industrial area within Queanbeyan LGA. Insufficient information use. submitted to support proposed amendment.

9.45 7.5(3) - Delete reference to a caravan park, child care centre, Agreed. Clause 7.5 to be amended to apply to all hospital, residential accommodation, educational establishment, development permitted in RE2 zone. This adopts a place of public worship within the buffer area. Instead, the clause conservative approach. should relate to any use permitted in the RE2 zone being required to be assessed against the matters listed in (a) to (d). Align the uses permissible to those within the RE2 zone and clause 2.5

9.46 7.5(3) amend to explicitly refer to all potential uses which may See comment above in relation to 9.45. impact on the Hume Industrial Area’s orderly development.

9.47 7.5(3)(a) – After the word “noise” insert the words “and other Not agreed. Clause 7.5(3)(c) refers to “other emissions”. emissions”.

Request to incorporate the provisions of cl.7.5 into the proposed DCP is required to be consistent with LEP. DCP for South Tralee.

44 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Key Topic Issue Comment 9.48 7.5(3) amend to ensure Council considers all existing and Not agreed. Buffer width supported by Supplementary permissible activities in the Hume Industrial Estate when it Report to Tralee LES 2010. assesses development applications within 400 metres of the See comment above in relation to 9.45. Hume Industrial Area’s western boundary.

Suggested draft clause - “Despite any other provisions of this Plan, the consent authority must not grant consent to any development for the purpose of backpackers accommodation, boarding house, caravan park, child care centre, community facilities, educational establishment, health consulting rooms, hospital, hostels, hotel information and education facilities, medical centre, motel, multi-unit dwelling housing, place of public worship, residential care accommodation, residential flat buildings, or tourist and visitor accommodation, seniors housing, serviced apartments, shop top housing, within 400 metres of the western boundary of the land to which the LEP applies, unless it has made an assessment of the following matters:

(a) the potential impact of noise from the Goulburn Bombala Rail Corridor and Hume Industrial Area, having regard to the types of development permissible in the industrial Area, and to any noise attenuation measures incorporated into the development proposal being assessed; (b) the potential visual impacts of any development permissible within the Hume Industrial area; (c) the potential impact of noise and other emissions from any development permissible within the Hume Industrial area, having regard to the document titled “Industrial Noise Policy” prepared by the NSW Environmental Protection Authority; and (d) the impact of noise, vibration and other emissions from the Goulburn/Bombala railway line, having regard to the document titled “Rail Related Noise and Vibration” prepared by the State rail authority of NSW.

Heritage Items 9.49 Heritage Schedule. Amendment sought to include Tralee Council deferred consideration of this matter at its Woolshed as listing in LEP Planning and Development Review Committee Meeting of 10 th November 2010. Appropriate action to be confirmed with DoP. Mapping Land Zoning Map.

45 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Key Topic Issue Comment 9.50 E2 Zone deferral Not agreed. Insufficient information submitted to support Amendments sought to exclude the E2 zoning from the draft proposed amendment. LEP and consider in the context of broader South Jerrabomberra landscape.

9.51 E2 Zone boundary Not agreed. Although Council acknowledges the Amendments sought to amend boundary between the E2 and agreement in principle by DECCW to support an R1 as based an alternative management boundary as supported alternative management boundary further information and by DECCW. discussion is required with DECCW to support the proposed amendment.

9.52 Height of Buildings Map. Amendments sought to permit higher density development. Not Agreed. Insufficient information submitted to support Amendments proposed sought to increase minimum height of proposed amendment. 16m to 18m2 in B1 zone, increase minimum height of 16m to 18m2 in B4 zone, increase minimum height of 12m to 18m in RE2 zone, and increase minimum height of 8.5m to 15m in R1 zone where that zone adjoins the RE2 zone and B4 zone for a 100m strip. 9.53 Lot Size Map. Not Agreed. Insufficient information submitted to support Amendments sought to allow higher density development to proposed amendment. occur around the South Tralee Centre. Amendments proposed sought to reduce minimum lot size of 330m2 to 250m2, minimum lot size of 500m2 to 330m2, minimum lot size of 600m2 to 450m2, minimum lot size of 1000m2 to 750m2.

9.54 Lot Size Noted. Council recognises relationship of LEP maps to Have Council note that lot size is a critical determinant of overall dwelling yield. dwelling yield.

10. Economic Development Employment Land Supply

46 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Key Topic Issue Comment 10.1 Employment Land Supply Partially agreed. South Tralee under the Draft Plan will Queanbeyan has exhausted its supply of employment lands and incorporate potential for a number of commercial uses. requires South Jerrabomberra to grow businesses and The broader South Jerrabomberra locality may also employment in Queanbeyan. provide additional employment opportunities in the future

10.2 Employment Land Supply Indirectly. Council has been advised that the costs of Development in South Jerrabomberra ensures that there are providing a new water recycling plant and other opportunities for business growth/expansion without the need to engineering infrastructure that will service most of the 130 move to the ACT. hectares of employment in South Jerrabomberra (as provided under the endorsed Queanbeyan Residential and Economic Strategy 2031 ) will be partly offset by the residential development enabled through the Draft Plan.

10.3 Employment Land Supply Draft Plans for the Poplars and North Tralee enable this. South Tralee will provide 130 ha of employment lands

Employment Growth 10.4 Growth Generated by Airport transport linkages The airports operation as a transport linkage is only one Presently limited demand for industrial and related commercial part of the necessary resources and or infrastructure to development as the region is perceived as too remote, however enable increased industrial and commercial activity. improved transport linkages that could be provided by the airport Transport distribution, appropriately skilled resident will generate increased demand. workforce and balance regional development will also support industrial and commercial growth.

10.5 Positive Economic Impact Agreed. However it will also provide an accessible Tralee will create jobs and economic activity in the region during resident workforce for the locality into the future. construction and post construction.

10.6 South Tralee will provide housing and 130 ha of employment The rezoning of a number of parts of South lands. Jerrabomberra will achieve the conditions for this.

10.7 Employment Supply See also comment 10.3. The Draft Plan if gazetted will Tralee will provide employment opportunities for local residents. facilitate this.

47 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Key Topic Issue Comment 10.8 Planning Protects Economic Development Noted. Through the provision of appropriate site planning Planning processes balance the economic benefits associated and design the development can also minimise the with development of key industries while ensuring isolation of potential for land-use conflicts. This will be done with sensitive developments such as residential. commercial, social and recreational facilities, buffers, design requirements under AS2021-2000.

10.9 Employment growth This could be the case if the Draft Plan and subsequent Will assist in securing long term secure employment for trades approvals proceed. people, apprentices and administration staff.

10.10 Employment growth See comment 10.2. Lack of affordable residential land is stunting economic growth creating difficulty in filling low income jobs, making certain industries less competitive. Tralee will assist with improving this situation

10.11 Employment Growth - accessibility Access will depend on the final arrangements with the Tralee located close to Monaro Highway and will provide easy ACT Government. One submission includes a copy of access for residents to employment areas in Canberra. correspondence relevant to this issue which indicates that should the Draft Plan be gazetted then these type of negotiations with the ACT authorities will occur.

10.12 Positive Economic Impact This could be the case if the Draft Plan and subsequent South Tralee and South Jerrabomberra will provide for approvals proceed. However the time will depend of consistent flow of work for local businesses for the next 20 factors such as housing demand. years.

10.13 Positive Economic Impact Should the Draft Plan and subsequent approvals proceed Development will make housing affordable and help to grow it will open up the first stage of a second major land front business and employment in the region. with potential to achieve this

10.14 Positive Economic Impacts Disagree. The Draft Plan provides for a small commercial Residents of Tralee will benefit ACT retailing only. Other centre. development locations would encourage trade within Queanbeyan.

48 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Key Topic Issue Comment 10.15 Positive Economic Impacts Affordable housing in the Region has been a priority for More affordable housing will help grow businesses and both ACT and NSW Governments. employment in the region with benefits to the hospitality section.

Economic Impact associated with Canberra Airport 10.16 Economic Impact on Canberra Airport Canberra Airport is seen as an important regional asset. Support Canberra Airport and efforts to make the region a centre The Draft Plan recognises this by accepting the Airport’s to do business in, and positive economic effect. Ultimate Capacity ANEF forecasts a 3.5 times increase of current aircraft movements over the next 30-40 years. These include international, freight and domestic aircraft movements. The Draft Plan more than complies with the standard in NSW.

10.17 Economic Impact on Region from Impacts on Canberra See comment 10.16. Also any impacts will be managed Airport through implementation of appropriate and applicable The aviation industry makes a significant contribution to the planning and design standards and responsible airport national and regional economy and development at Tralee will operations, in addition to the adoption of new technology detrimentally impact on this. such as guidance systems and quieter aircraft.

10.18 Economic Impact on Region from Impacts on Canberra See Comment 10.16. Airport Canberra Airport provides essential services supporting the function and economy of National Capital and NSW Regional areas. The development of Tralee will inhibit long term economic growth in ACT and regional NSW.

49 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Key Topic Issue Comment 10.19 Economic Impact on Region from Impacts on Canberra The Draft Plan partially implements the endorsed Airport Queanbeyan Residential and Economic Strategy 2031 . Long-term benefits of Airport and opportunities for region are This and the DoP reviews of it i.e. April 2007 December more important than short-term gains of development to 2008 recognised the importance of the Airport to the developer. Region but also balance this with the view that residential development of part of South Jerrabomberra with Do not under estimate the significance of Canberra Airport. An appropriate controls would not unduly hinder the Airport. estimated $12 million is injected annually to regional businesses It also took the view that residential in part of South from domestic tourists whose main mode of transport is by air. Jerrabomberra was a natural extension of the This is set to double in the next 20 years (BITRE forecasts) Jerrabomberra community and that a second major urban release area in addition to Googong was necessary to The airport has a major role in boosting tourism which in turn provide a secure 25 year housing supply for Queanbeyan has major benefits to local business which promotes growth and in a competitive environment which could exert downward development. prices on housing.

Economic impacts of affecting Airport’s existing and future Canberra Airport’s technically endorsed Ultimate Practical operation include: Capacity ANEF is the basis of the applicable standard in - Potential costs extending to entire State of NSW due to NSW i.e. Ministerial Direction 3.5 Development Near need for second Sydney airport. Licensed Aerodromes which also calls up the Australian - inhibiting long term economic growth in ACT and regional standard AS 2021. It allows for the growth of the Airport NSW by forecasting an increase of 3.5 times current aircraft - will limit investment in the region due to impact on Airport. movements over the next 30-40 years. These include - Adverse economic impact on Airport as an important international, freight and domestic aircraft movements . employment centre in the region and it should be The Draft Plan more than complies with Canberra encouraged and not impacted upon by inappropriate Airport’s Ultimate Practical Capacity ANEF. development - the economic benefit derived from additional passengers The Cooma/Bombala Railway line has recently been (including international passengers) will be lost to the region decommissioned. Also see comment 17.23. if the airport activities are restricted. - restricting the region’s ability to provide for high value and time sensitive industrial and commercial activities. - Adverse impact on airport’s major role in boosting tourism which in turn has major benefits to local business which promotes growth and development - Negative impact on tourism and economic growth - Growth of the airport and region will suffer if Tralee is rezoned - endangering future NSW-VIC-ACT rail upgrades50 and fast train projects and perpetuate the unsustainable shift of freight activity onto our national roads network.

Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Key Topic Issue Comment 10.20 Adverse impact on Freight Industry See comment 10.16. Freight operators oppose Draft Plan as it will result in operational restrictions on Airport - Limit ability of freight operators to do business (see Master Plan re:freight) - Limit ability to establish Airport as a freight hub - Call for Section 68 hearing

Economic Impact on Hume 10.21 Adverse Economic Impact on Hume Disagree. This is considered by the supplementary report The proposed residential development will restrict the type and as well by the Draft Plan which proposes a number of nature of industrial activity in Hume, and the economic benefits measures to deal with this. of such.

10.22 Positive Economic Impact on Hume Potentially agree. Proposal will grow business and employment in Hume.

10.23 Positive Economic Impact on Hume Potentially agree. The lack of affordable residential land in the vicinity of Hume is stunting the economic growth of Hume and creating difficulty in filling jobs

Other Economic Impacts 10.24 Financial Impact on Rezoning Proponent The Draft Plan in various forms has been eight years in VBC forced to increase its capital investment to increase funds the making for a period of time so release of plan is long overdue. 10.25 Adverse Economic Impact Noted. The Tralee LES 2010 supports the proposed Appropriate long term infrastructure (roads, airports, water, development after a comprehensive review of all relevant telecommunications etc) is the foundation of economic growth. factors. This is on the basis of the positive development Whilst good community development depends on successful and planning outcomes it can achieve, balanced against economic development, the two must be in balance, but the potential to mitigate and minimise other conflicts with developing Tralee would not strike that balance. adjoining and surrounding land uses.

51 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Key Topic Issue Comment 11. Amenity Amenity Impact from Noise 11.1 Amenity Impact from Noise The supplementary report has had regard to this and Amenity of the Tralee development will be poor, and is located includes a number of recommendations aimed at next to Hume industrial area. Consideration needs to be given reducing this possibility. These are also reflected in to amenity of Tralee residents. Impact of aircraft noise on clauses and the zonings of the Draft Plan. These include residents should not be underestimated. Airports support aircraft noise which hasn’t been underestimated and has increase in amenity. been considered at length by the supplementary report.

11.2 Amenity and Industrial Noise The supplementary report contains recommendations Live at Tralee and industrial noise is not an issue. and the Draft Plan contains a provision which have the general objective of achieving this comment.

11.3 Amenity Impact from Noise Noted. These have been considered by the Non- aircraft noise including. Industrial noise from Hume, supplementary report and by the Draft Plan and Highway, Traffic noise from Monaro Highway, Traffic noise from appropriate measures have been incorporated into it. Tharwa Road, Railway Noise, Noise from a saw mill, Mechanical and Plant noise.

11.4 Amenity Impact from Noise The supplementary report recognises this and makes Noise from traffic and industry is an issue. appropriate recommendations with this in mind.

11.5 Health impacts Environmental impacts from aircraft movements are Community noise, including aircraft noise poses a potential controlled by the Commonwealth. It would be expected health risk. There is evidence linking noise with annoyance, that any future residents of South Tralee would be school children’s performance, sleep disturbance, aschaemic afforded the same degree of protection as residents in heart disease, hypertension as well as impacts on cardio similar situations. vascular and mental health.

Visual Amenity

52 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Key Topic Issue Comment 11.6 Visual Amenity When essentially a rural environment is urbanised there The visual impact of the proposal will have a significant impact is an inevitable change in character. However, provisions on the rural and natural character of the locality. in the supplementary report to the Tralee LES are specifically designed to lessen and potentially to improve it. Also nearly half the site is identified as Environmental Conservation.

11.7 Visual Amenity and Impact Visual impacts have been carefully considered by the Construction occur only below the 660m contour. supplementary report. As a result it recommends development up to the 740m contour and large lots and other controls on visual impacts between 710 and 740 metres. Other Amenity Impacts 11.8 Amenity impact on property value The recommendations of the supplementary report to Even although original buyers are aware of aircraft noise the low Tralee LES are intended to reduce this possibility. amenity may lead to houses being difficult to sell and owners wanting compensation for their investment loss.

12. General Matters 12.1 Public Expenditure waste This is a long term project which is recognised by the Council resources should not be spent on proposal that is not in twice endorsed Queanbeyan Residential and Economic interests of residents or ratepayers. Resources allocated to date Strategy 2031 as being necessary to satisfy the land may have been spent on infrastructure elsewhere. Do not wish supply needs of Queanbeyan over the next 25 years in to pay additional rates to respond to noise complaints from ways which were seen as a logical extension of Tralee residents or required to cover legal costs and noise Jerrabomberra and which increases as increasing attenuation works which will be a burden on other Queanbeyan housing affordability through competition from a second residents. The public expenditure on the project is not large urban release. warranted, given opposition from courts/government.

12.2 Sustainability Disagree. Should the Draft Plan proceed and Development at Tralee is unsustainable. development occur it will be a natural extension to Jerrabomberra as well as have the potential to be amongst the most sustainable in the Region.

53 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Key Topic Issue Comment 12.3 Precautionary approach Disagree. Land use planning in South Tralee respects the The proposed rezoning of South Tralee is inconsistent with the Airport’s Ultimate Capacity Practical ANEF. This ANEF precautionary approach regarding development around airports, forecasts an increase of 3.5 times current aircraft puts the economic contribution of the airport at risk and restates movements over the next 40-50 years or annual the issues of aircraft noise/associated complaints, noise sharing movements of 282,119 fixed wing aircraft movements. and suitable land being available elsewhere. These include international, freight and domestic aircraft movements. See also comment 12.7.

12.4 Queanbeyan does not require any additional housing or people. Noted. This submission is inconsistent with the endorsed Queanbeyan Residential and Economic Strategy 2031 .

12.5 Legal The Canberra Airport’s technically endorsed Ultimate The Canberra Airport constitutes prior use under Common Law. Practical Capacity ANEF is the basis of the applicable standard in NSW i.e. the Ministerial Direction 3.5 Development Near Licensed Aerodromes. The Draft Plan exceeds this NSW standard and the Canberra Airport’s Ultimate Practical Capacity ANEF.

12.6 Rezoning Tralee is a poor strategic planning decision. Disagree. South Tralee has the potential to be an It is embarrassing that this rezoning has made it to public extension of the community of Jerrabomberra and provide consultation as the “cons” far outweigh the “pros” the necessary support for the proposed employment lands at North Tralee and the Poplar. The Draft Plan follows consideration of a whole host of issues being part of indepth background investigations.

12.7 Noise complaints will require that all levels of Government divert Recommendations of the supplementary report as well as scarce resources from important local issues to investigate a clause in the Draft Plan will mean that South Tralee matters future residents will be amongst the best informed and protected against aircraft noise in the Region in the event that the development proceeds. The literature on this issue repeated emphasises the better informed residents are about aircraft noise the less likely they are to complain. In addition all development will be insulated to a standard exceeding that in NSW being Ministerial Direction 3.5 Development Near Licensed Aerodromes which calls up Australian Standard AS 2021 54 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Key Topic Issue Comment 13. General Support of Rezoning 13.1 No reason stated/Non-specific submissions in support of Submissions reviewed. rezoning. 14. General Objection to Rezoning 14.1 No reason stated/Non-specific submissions in objection to Submissions reviewed. rezoning. 15. Geophysical

15.1 Contamination Further detailed site analysis and remediation plans to A preliminary environmental site investigation has identified a ameliorate or mitigate any potential risk from soil number of potentially contaminated sites at South Tralee and contamination would be required to be undertaken as part recommended that a detailed environmental site investigation of any DA and construction phase for future development with respect to contaminated land be undertaken.

16. Infrastructure General Infrastructure 16.1 Tralee benefit of low-cost infrastructure connections does not Comment considered. See also comment 12.7. outweigh risk of aircraft noise.

16.2 Delivery and cost of Infrastructure Delivery will be via a VPA and/or a Section 94 plan and There is little articulation of the relationship between the South preliminary negotiations on these have begun. Dunns Tralee and Sth Jerra development and its ability to afford and Creek Road is included in the draft VPA. deliver infrastructure in a timely way; in particular we note Dunns Creek Road proposal outside the s94VPA.

16.3 Closeness to existing arterial roads and engineering This is a possibility if the Draft Plan and development infrastructure gives opportunity to create the most affordable and proceeds. sustainable development in the region.

Electricity

55 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Key Topic Issue Comment 16.4 Electricity Comment considered and will be important if the Draft No objections as area is clear of any TransGrid interests or Plan proceeds and development takes place. board approved proposals. Sewerage 16.5 Sewerage Treatment Plant This is not part of the Draft Plan although it is noted that There has been no consultation with agencies regarding the this is a relatively recent lodgement with the DoP. sewerage treatment plant application Council lodged with the Department of Planning 16.6 Sewerage Treatment Plant - Public have not been told of the true nature of are if This will be part of the Part 3A application which is lodged development proceeds and assessed by the DoP. Part of this process will include - Proposed sewerage plant not studied in LES an exhibition and consultation stage. - No assessment of odours or noise on existing Jerrabomberra community - Cannot progress rezoning without knowing whether plant will be approved - Fallback position in case of rejection - HCA & ACT not consulted - Rezoning should be halted until status of plant clarified - Call for S68 public hearing - Details of Council’s requirements to be made available

Water 16.7 Water Water will be supplied in accordance with the There is no legally agreed access for South Tralee for water. Queanbeyan Water Supply Agreement 2008 .

17. Transport Infrastructure Transport Connections 17.1 Transport Connections To some degree this will depend on the final road Tralee is well located in terms of proximity to existing arterial patterns and connections to the ACT. roads and engineering infrastructure, including shared pedestrian and cycle paths.

56 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Key Topic Issue Comment 17.2 Transport Should the Draft Plan proceed this will be the case. Development will provide excellent access, close to arterial roads and other infrastructure, such as Edwin Land Parkway.

17.3 Transport Connections Agreed. Tralee is well located to ACT town centre and public transport

17.4 Option for Rail Transport Although the future of the rail corridor is unknown the Land at Tralee could be reserved for future national rail network Draft Plan has considered the railway corridor as an with links to airport and other transport infrastructure. active line and the buffer complies with the requirements for noise and vibration to railway lines. Traffic Impacts

17.5 Traffic Impacts on Monaro Highway Links are also planned to Queanbeyan’s road network. Monaro Highway not designed to serve traffic to east, Also if the Draft Plan proceeds negotiations are likely Adverse impact on Monaro Highway with another 5000+ between ACT and NSW authorities on how best to deal vehicles during peak hours. with these as well as possible how the developer will contribute to any upgrade of ACT roads. Clause 6.1 of the Draft Plan allows for this possibility. 17.6 Traffic Impacts on ACT Road network See comment 17.6. Road network in south ACT is not designed to be able to support this development. Congestion will reduce road safety.

17.7 Traffic Impact Noted. ACT/Developer/Council will not upgrade Monaro Highway or other regional roads to cater for increased traffic.

17.8 Traffic Impact on Jerrabomberra Disagree. Adverse impact on traffic in Jerrabomberra.

17.9 Traffic Impacts on ACT Road network Congestion on road network in south ACT will reduce road safety,

Road Links

57 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Key Topic Issue Comment 17.10 Road Links Should the development proceed this is potentially the Tralee will have excellent access to employment areas in the case. ACT as well as excellent access to Queanbeyan and the new Googong development upon completion of the Edwin Land Parkway.

17.11 Road Links Comment considered. Road Connections between Tralee and Hume will benefit business.

17.12 Road Links not supported See comment 17.5. North/South highways should be developed in Queanbeyan and not rely solely on Monaro highway and Canberra Avenue. Connections to Hume not supported.

17.13 Road Links not supported This is part of a current Part 3A application to the DoP. The Rail Line Link road connection to Lanyon Drive is not Should the development proceed then negotiations are supported by the RTA or identified with Queanbeyan City likely between ACT and NSW authorities on how best to Councils adopted Googong and Tralee traffic Study (2031). Any deal with these as well as possible how the developer will traffic impact study undertaken to support the network upgrades contribute to any upgrade of ACT roads. Clause 6.1 of the required as part of this and other new urban release areas Draft Plan allows for this possibility. should not rely on this link.

17.14 Road Links not supported Comments noted. See also comment 17.5. Disagree with certain suggested road connections with the ACT. Alternatives suggested.

58 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Key Topic Issue Comment 17.15 Road Links not supported See comment for 17.5. No certainty of Access (see ACT Submission & Stanhope letter) There is uncertainty about Road access as follows: - Legally agreed road - ACT denial - Dunns Creek Road link from border to Isabella Drive - No design requirements for road bridge over NSW/ACT borders - EIS for northern road link

17.16 Dunns Creek Road Dunn’s Creek Road is part of a draft VPA currently being Support for VPA for Dunns Creek Road as critical infrastructure negotiated in a separate process with the applicant for traffic management. company.

17.17 DECCW agree that Dunns Creek Road corridor should form This is likely to be the subject of further discussions with boundary between E2 zone and the down slope urban DECCW should the Draft Plan proceed. development subject to detailed investigations, design and environmental impact assessment.

Public Transport 17.18 Support the provision of public transport options, pedestrian and Agreed. The Draft Plan and Masterplan/DCP for the site cycle ways in South Tralee to enable people to reduce vehicle would incorporate these considerations. dependence.

17.19 Explore opportunities to make more use of the existing rail line. Council has been advised that this line has been decommissioned.

17.20 Public transport in the area should be in place as residents move Whilst the early provision of public transport is optimal, in to create good habits first up. some level of base demand would be required to trigger regular levels of service. It is noted that existing Jerrabomberra residents in the locality would assist in meeting these levels of demand.

Very Fast Train (VFT)

59 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Key Topic Issue Comment 17.21 Very Fast Train The VFT would be an asset for the region. However at Redevelopment of airport increases the need for improved public the same it could be argued that a VFT could reduce the transport facilities. An international airport to have provision to need for domestic passenger flights, allowing both accommodate VFT terminal at Canberra Airport. Could act as Sydney and other international airports (and Canberra Sydney’s 2 nd airport. The VFT and improved access at Canberra Airport) to increase the volume of international flights and Airport would cater for future growth of region. therefore impacting on the Airport’s Ultimate Practical Capacity ANEF. The freeing up of existing rail networks between Sydney and Melbourne would also likely see further rail freight opportunities arise on existing infrastructure.

17.22 Very Fast Train Adverse impact on the Federal Government’s recent See comment 17.21. commitment to determine the economic viability and potential routes for a high speed rail network on the east coast of Australia which would allow Canberra Airport to meet the growth in international air traffic and relieve air traffic congestion from other capital cities.

17.23 Very Fast Train Disagree. It is considered unlikely that the location of the The decision on the draft LEP should be paused until the proposed development would have a significant impact completion of the high-speed rail network study. on the study and/or provision of a VFT corridor, and as such deferral of the rezoning consideration would not be warranted.

17.24 The Rail industry believes it is important to integrate significant Agreed. Appropriate design considerations have been transport infrastructure with complementary and effective land outlined in the LES. use development.

60 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Key Topic Issue Comment 17.25 The rezoning of Tralee will have significant and long term Disagree. It is unlikely that the development would have a impacts on transport services including rail. significant impact on rail services in the region given its location and the relatively small demand for goods or passenger movements on the rail link adjacent to the site. Impacts on airport and other transport infrastructure are considered elsewhere in the report. Also it should be noted that the Cooma/Bombala Railway has recently been decommissioned.

17.26 VFT Corridors need to be protected for the future There is no grounds at this stage for a view that the Cooma/Bombala Railway corridor would be the VFT corridor. The feasibility study is yet to commence and previous work indicates other possible corridors even if Canberra is included in a network. See also comment 17.23. Costs for transport 17.27 Freight Transport Curfews and constrained air operations invoke to account for Refer to comment 17.23 and 17.26 regarding the VFT. residential complaints from the Tralee area in immediate Further, whilst a consideration, the Airport is unlikely to be proximity to the flight path could in turn endanger future NSW- a sole driver for the VFT to service the Canberra Region, VIC-ACT rail upgrades and fast train projects and perpetuate the in fact a VFT would more then likely reduce the demand unsustainable shift of freight activity onto our national roads for domestic air travel between Canberra and centres network. such as Sydney and Melbourne.

17.28 Public Transport Zoning for the site facilitates the provision of a school in As the private school is not going to happen at Tralee there will the locality. be costs to provide buses for school children to attend school

18. Land Use 18.1 Tralee has long been identified in regional planning strategies for Agreed. This issue has been discussed throughout the residential development. Tralee LES 2010 as well as in this report.

61 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Key Topic Issue Comment 18.2 Incompatible proposed residential and community/commercial The proposed land-uses have been considered in the land use with existing and future aviation operations under context of the applicable planning practice in NSW existing flight paths. (namely s.117 directions) in addition to consideration both by Council and NSW DoP in a range of strategic plans and processes as discussed in the report and supplementary report. It should also be noted that other developments containing residential and other accommodation and commercial uses already exist or are proposed (including under the Canberra Airports Masterplan – hotels, childcare centres etc. and residential caretakers and prison accommodation at the Alexander Maconochie Centre)

19. LEP Process Delays in Rezoning 19.1 Delays in Rezoning Noted. Council is undertaking the rezoning process in The rezoning process is continually delayed through accordance with NSW legislation which provides for unreasonable objections from Canberra airport supported by the public consultation. aviation bureaucracy.

19.2 Delays in Rezoning Noted. Council is undertaking the rezoning process in Outcomes of projects and legal frameworks should be accordance with NSW legislation which provides for predictable to avoid delays and encourage investment of public consultation. affordable housing.

19.3 Involvement of aviation industry Noted. Council is undertaking the rezoning process in Canberra airport and the aviation industry/government aviation accordance with NSW legislation which provides for bodies should not be allowed to interfere with the statutory public consultation. process of rezoning land.

19.4 Length of Time for Rezoning Comment considered. Complete Rezoning as a matter of urgency. Consultation Process

62 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Key Topic Issue Comment 19.5 Consultation Process Disagree. Council received a considerable number of Have little faith in public opinion being considered. submissions and has assessed each submission. Governments see consultation as selling preconceived decisions.

19.6 Consultation Process Advertisement placed in local newspaper outlining Residents in neighbouring areas were not consulted. exhibition process appeared on at least 4 separate occasions. Five display venues including Jerrabomberra were utilised during the exhibition. The proposed rezoning and draft LEP has also received considerable media interest over the past 8 years.

19.7 Consultation Process Comment considered. Excessive submissions from Canberra Airport to Department of Planning are counter productive to the process and suggest desperation.

19.8 Consultation Process Disagree. The rezoning approach has not been one of an Taking an “island” mentality to the development decision island mentality and proposals to rezone this land to part process will result in sub-optimal decisions and unforeseen residential have been the subject of numerous consequences for the wider regional community; not just opportunities for consultation. Queanbeyan people but those of the ACT and the surrounding rural regions.

Little publicly available evidence of serious efforts by all concerned parties to engage in constructive dialogue and collective decision making processes that could bring greater benefits to the wider community.

19.9 Encourage Council to work constructively and efficiently with the Comment considered. major stakeholders to resolve outstanding issues and progress the making of the Plan.

63 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Key Topic Issue Comment 19.10 Exhibition Material Hard copies of the endorsed ANEF were included in the The Canberra Airport ANEF, aircraft noise abatement areas, material displayed at five locations. flight path documentation and Commonwealth Aviation White Paper 2009 should have been included in the Draft DCP exhibition documentation.

19.11 Submissions Late submissions were considered where they could be. Request that Council not consider late submissions. Public Hearing 19.12 Section 68 Hearing A section 68 hearing is not recommended for the Call for Section 68 Hearing because: following reasons: - Opposition by surrounding governments and local members - Significant impact on community, ACT and the region - Two separate public exhibitions have been - Quotes specifications undertaken - Four separate Section 62 consultation processes, including two government agency stakeholder workshops have been undertaken - A Inquiry on the Queanbeyan Land Releases has already been held in April 2006 (Check) - The major issues raised by this consultation period remain substantially the same as those considered and comprehensively reviewed by the DoP in their April 2007 and December 2008 reviews of the Queanbeyan Residential and Economic Strategy 2031 . In regard to the costs of insulating to AS 2021 this will partly offset the costs required to meet the NSW BASIX.

Independent Commission

64 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Key Topic Issue Comment 19.13 Political donations This is a possibility but is a decision for the DoP. Independent commission Call for an independent commission due to: - The political donations made by proponent and its staff, other land owners, lobbyists - relationship with the local State member

19.14 Planning Assessment Commission (PAC) See comment 19.13. The proposal should be referred to the PAC for the following reasons: - Donations - Contrary to Commonwealth Policy - Undermines rigorous land use regime - VFT feasibility The Commission hearing the proposal should include a representative of the Commonwealth Government

NSW Planning Policy 19.15 NSW Planning Policy / Planning System It is considered that leadership has been shown by using Although development complies with NSW standards Council Canberra Airport’s Ultimate Practical Capacity as the should adopt precautionary principle and develop basis for land use planning under the Draft Plan and elsewhere/show leadership in strategic long-term perspective. including clause 7.2 Development in areas subject to aircraft noise. Clause 7.2 requires a higher standard than the NSW standard to be applied to all development within the area of the Draft Plan. On the other hand Canberra Airport’s Ultimate Practical Capacity ANEF forecasts an increase of 3.5 times current aircraft movements over the next 30-40 years incorporating international, freight and domestic movements.

19.16 Misinterpretation NSW Planning Policy Planning System The section 65 certificate recently issued for this Draft It appears Council is supporting the development based on one Plan confirms that the relevant standard in NSW is an interpretation of NSW planning policy and this is considered an ANEF based one. This is Ministerial Direction 3.5 abuse of Council’s duty of care to protect its residents and Development Near Licensed Aerodromes which calls up ratepayers. the Australian Standard AS 2021

65 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Key Topic Issue Comment 19.17 Encourage Council to work constructively and efficiently with the At all times through this and earlier processes to rezone major stakeholders to resolve outstanding issues and progress part of South Jerrabomberra for residential Council has the making of the Plan. attempted to work constructively with all parties.

19.18 Position of Coalition Submissions indicate that this is the case. However the Liberal/nationals also oppose rezoning reasons for this opposition have been carefully - Refer to cities from debate 19 October 2010 (Hon considered throughout this report and responded to in a Warren Truss) balanced manner. - Significant impact on Canberra airport - Labour/liberal national in agreement on rare occasions In regard to a section 68 hearing see comment 19.12.

Tralee not supported by - Any federal department - ACT government - Airlines - Canberra Community S68 hearing required

20. Local Environmental Study 20.1 Critical Analysis Disagree. The 2010 Supplementary Report and 2005 The supplementary LES does not critically analyse the various Tralee LES assess environmental issues and it is the role environmental issues affecting the land and has been prepared of an LES to determine if the land is appropriate for a to justify the proposal. particular development type.

20.2 Air Quality Consideration Whilst not specifically noting the turbines in the The South Tralee supplementary Report to the Local supplementary report and Air Quality work, the proposed Environmental Study on Air Quality does not take into Gas Fired Power Station and other potential consideration the emissions from the turbines on the 45mw Gas developments will be required to meet the ACT Fired Power Station that was approved on the sawmill site at Governments legislative requirements in relation to both Hume only 1km for the proposed residential zone at Tralee. noise and other emissions. It can also be noted that ACT government was considering locating a much larger Station in proximity to existing residential developments in south Canberra.

66 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Key Topic Issue Comment 20.3 Broader Strategic Issues of South Jerrabomberra Broader strategic issues have been considered in the There is little incorporation in the LES of broader strategic issues endorsed Queanbeyan Residential and Economic affecting all of South Jerrabomberra and the recognition of the Strategy 2031 and other studies. However any precent South Tralee will set for these. subsequent proposal will be required to undertake planning investigations and masterplanning that would ensure that there is continuity and connectivity with existing and future development should it occur.

20.4 Social Planning Matters The LES/supplementary report does address social There is no inclusion of up to date social planning information. planning issues for the development, as does the information contained in the the endorsed Queanbeyan Residential and Economic Strategy 2031 and the Sydney - Canberra Regional Corridor Strategy 2006-2031 . Further detailed social planning and demographic information would be undertake as part of further masterplanning and section 94 planning if the development proceeds. In fact this has begun with a social planning strategy for the entire South Jerrabomberra Valley being produced and reviewed by staff. Outstanding Matters 20.5 Response to Section 65 submissions Council believes that the work undertaken through the Ecological’s response to the section 65 submissions are preparation of the Tralee LES, supplementary report and inadequate for following reasons: supporting documentation addresses the issues required - Does not cover all issues and comprehensively covers the DoP’s specifications in - Does not cover impact of aircraft noise on community and their response to Council’s Section 54 letter. Council has flow on effects on the operations of Canberra Airport addressed the relevant planning legislation, standards - Not sufficient to rely on S117 Direction and Department of and strategic frameworks applicable in its jurisdiction. Planning for limited analysis of aircraft noise - Failed to assess ANEF Refer also to comment 19.12 in regard to a Section 68 - Failed to discuss other measures including N60 hearing. Seeks a section 68 Hearing.

67 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Key Topic Issue Comment 20.6 Outstanding Matters Whilst a number of matters will require further detailed The LES establishes many significant outstanding matters that investigation and planning reposes to be undertaken, require on-going refinement including biodiversity, transport and through Masterplan, DCP and DA processes, this is social infrastructure planning. consistent with the application of the NSW planning legislation and practice. The role of the rezoning is to assess the overall suitability of a site for rezoning.

21. Socio-economic considerations 21.1 Development area will become a low socio-economic area. Disagree. Tralee or the South Jerrabomberra corridor will People will not wish to live in Tralee. provide all facilities required by a new release area. Such Accountability for social and community impacts being passed facilities will be outlined in a Section 94 contributions plan onto Council and ACT. or planning agreement, to be funded by the developer. Council has received a number of submissions from people seeking to purchase residential land in the Tralee area.

21.2 Adverse on socio-economic impact for entire region if air traffic is Disagree. See comments 12.3 and 12.7. compromised by either noise complaints or the introduction of curfews.

22. Strategic Framework 22.1 Comprehensive LEP Disagree. Tralee LEP should not be advanced before Comprehensive LEP.

22.2 Planning for Jerrabomberra Valley is occurring in the absence of Work on the Comprehensive LEP continues. However a new Comprehensive LEP for Queanbeyan. should the Draft Plan proceed this will form an important part of a future Comprehensive LEP.

22.3 Sustainable Development Tralee provides an opportunity to establish a sustainable This will only occur if the Draft Plan proceeds. development. Tralee will be most affordable and sustainable development in the region.

68 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Key Topic Issue Comment 22.4 Precedent for further development The DoP report on the endorsed Queanbeyan Residential If approved the South Tralee estate would be a precursor for and Economic Development (December 2008) clearly much more extensive adjacent developments with greater indicates that the Draft Plan is part of Stage 1 of a series adverse consequences, even at existing 2010 levels of airport of draft plans. However further Draft Plans will also have activity. to observe the Airports Ultimate Practical Capacity ANEF under the current standard for NSW which is Ministerial Direction 3.5version clearly Local Planning Strategies 22.5 Queanbeyan Residential and Economic Strategy Agreed. Tralee is Stage 1 of South Jerrabomberra with 4685 houses over 20 years.

22.6 Queanbeyan Residential and Economic Strategy Greenfield development under flight paths Disagree. See comments 10.6 and 10.17. The Residential and Economic Strategy Map locating 230 ha residential land (equating to 3000 residences) in an areas known to be impacted by aircraft noise is at odds with any strategic or sensible planning framework for the future development of the municipality.

22.7 Population Growth Justification Queanbeyan has a history for the last 20 years of being Council does not explain why population growth is considered one of the fastest growing centres in NSW. The endorsed necessary, and not identified in Residential and Economic Queanbeyan Residential and Economic Strategy 2031 in Strategy 2031. part aims to secure a 25 year housing supply for Queanbeyan in such a way as to enhance housing affordability. 22.8 Context in wider South Jerrabomberra Release area The Draft Plan is Stage 1 of the endorsed Queanbeyan South Tralee planning is occurring in isolation from other Residential and Economic Strategy 2031 which components earmarked for future redevelopment in the valley considered all potential developments. making it difficult to ascertain the final cumulative impact should all the developments proceed.

69 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Key Topic Issue Comment 22.9 Context in wider South Jerrabomberra Release area The DoP and Council have adopted a different approach. There should be a single LEP for the entirety of the area proposed for development, and site specific plans for the different components as they are brought on line.

22.10 Best Practice Disagree. Sth Tralee residential development would be contrary to best practice in urban and regional management.

Regional Planning Strategies 22.11 NSW Planning Strategies Agreed. Tralee identified in various long term strategies and planning framework including ACT and Sub-regional Strategy, and Sydney-Canberra Corridor Regional Strategy for residential development.

22.12 Compliance with State and Federal Planning Policies Comment considered. At time of purchase controlling interest in Tralee properties proposed residential development complied with all relevant legislation and strategic plans/policies and over last 8 years has complied with NSW government policies and standards, and stated policies of Commonwealth Government.

22.13 NSW Planning Strategies The Draft Plan is consistent with the endorsed Disappointing that rezoning to provide for a new residential Queanbeyan Residential and Economic Strategy 2031 . development under the flight paths of Canberra Airport could This considered the economic importance of the Airport even be contemplated. Local and State Government planning but also considered that some areas in South strategies (an approval) should align with the Canberra Airport Jerrabomberra could be developed for residential with Master Plan – for the overall benefit of the Canberra and appropriate design controls and other measures. Queanbeyan communities. Wider Land Use Planning Regime

70 Item 1. Extraordinary Meeting – 17 November 2010

Draft Queanbeyan Local Environmental Plan (South Tralee) 2010 (Ref: SF090104; Author: Carswell) (Continued)

Key Topic Issue Comment 22.14 Inconsistency with Landuse Planning Regime and new The applicable approach in NSW is Ministerial Direction approach to noise measures 3.5 Development Near Licensed Aerodromes which calls - Draft plan pre-empts and prejudices proposed national land up the Australian Standard AS 2021 and the Draft Plan use planning regime around airports and new approach to exceeds this. noise measures The rezoning has been going for eight years and - Progress and discussions currently happening on above Queanbeyan has had no urban release land for many - Provides a number of reasons to pause process including: years with adverse impacts on housing prices and so - Rezoning should be paused affordability. - No desperate need for development to proceed - Call for section 68 Hearing A section 68 hearing is not recommended for the reasons outlined in comment 19.12. 23. Water

23.1 Jerrabomberra Creek Impact Recommendations in the supplementary report address Stormwater may increase the sedimentation into Jerrabomberra this. Creek.

23.2 Safety of Flood retention systems This will apply to the Draft Plan for North Tralee. Flooding retention systems need to be checked to ensure that they will not fail.

71