Business Paper Shire Strategic Planning Committee
Monday, 4 February 2019 Meeting will commence at the conclusion of the Extrordinary Council Meeting.
Council Chambers, Level 2, Administration Building, 4-20 Eton Street, Sutherland
Shire Strategic Planning Committee 4 February 2019
ORDER OF BUSINESS
1. ACKNOWLEDGEMENT OF COUNTRY
2. APOLOGIES
3. DISCLOSURES OF INTEREST
4. CONFIRMATION OF MINUTES OF THE PREVIOUS MEETINGS
5. PRESENTATIONS
6. REPORTS FROM OFFICERS
PLN001-19 Draft Local Strategic Planning Statement - Infrastructure and Collaboration PLN002-19 Draft Sutherland Shire Development Control Plan 2015 Amendment 4 PLN003-19 Low Rise Medium Density Code Implementation
7. QUESTIONS
8. CONSIDERATION OF BUSINESS IN CLOSED SESSION
9. CONFIDENTIAL REPORTS FROM OFFICERS
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PLN001-19 DRAFT LOCAL STRATEGIC PLANNING STATEMENT - - INFRASTRUCTURE AND COLLABORATION
Attachments: Nil PLN001
EXECUTIVE SUMMARY Council is required to prepare a draft Local Strategic Planning Statement (LSPS) that sets the future direction for planning in the Sutherland Shire. The LSPS seeks to align directions set out in in the Greater Sydney Metropolitan Region Plan and the South District Plan into Sutherland Shire’s next Local Environmental Plan, due to be completed in 2021. Plans are based on four high-level themes: ‘Liveability’, ‘Productivity’, ‘Sustainability’, and ‘Infrastructure and Collaboration’. Council has already considered reports on Productivity and Sustainability. This report addresses planning priorities related to Infrastructure and Collaboration. Council cannot appropriately plan for the two major city-shaping transport infrastructure proposals in the Sutherland Shire without greater clarity on these projects, being the F6 “investigation” and the “beyond 20-year” mass transport link - Kogarah to Miranda”. Infrastructure needs will continue to grow. The recommended strategic responses include: - Support the “three cities” in the Metropolitan Regional Plan and promote north-south and east-west transport connections - Align forecast growth with infrastructure provision - Support the ANSTO Collaboration Area This report seeks Council’s endorsement of these recommendations, which will be expanded for inclusion in the LSPS and placed on public exhibition by mid-2019.
REPORT RECOMMENDATION
THAT:
The Strategic Planning Unit incorporate the ‘Infrastructure and Collaboration’ strategic actions detailed in this report into Sutherland Shire’s draft Local Strategic Planning Statement.
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PURPOSE - Council is required to prepare a draft Local Strategic Planning Statement that aligns with the directions of the South District Plan. This report seeks Council’s endorsement of strategic actions that will inform
the Infrastructure and Collaboration component of Sutherland Shire’s Local Strategic Planning PLN001 Statement (LSPS).
BACKGROUND In March 2018, the Greater Sydney Commission (GSC) finalised the ‘Greater Sydney Metropolitan Region Plan: A Metropolis of Three Cities’ and five District Plans. The ‘South District Plan’ covers the Sutherland Shire, Canterbury-Bankstown and Georges River local government areas. It is a 20-year plan to manage growth to achieve the 40-year vision for the Region Plan.
The Environmental Planning and Assessment Act 1979 imposes a statutory requirement for each council to review and amend their Local Environmental Plan (LEP) to give effect to the new District Plans. Council recently completed the first of these steps in October 2018 when it endorsed the ‘Sutherland Shire Council LEP Review’ (PLN046-18) for submission to the GSC. The Review illustrates the degree of alignment between priorities identified in the South District Plan and Sutherland Shire Local Environmental Plan 2015.
Next, Council must prepare a draft Local Strategic Planning Statement (LSPS). The LSPS builds on the findings of the LEP Review to ensure South District Plan priorities are placed within a clear local context and are tailored to the unique economic, social and environmental characteristics of Sutherland Shire.
The LSPS is intended to be a plain English explanation of how Council will refine its planning framework to address both the priorities of the South District Plan, and the visions and outcomes of the Community Strategic Plan. The LSPS does not have to provide all the answers, instead it will lay out how Council intends to respond over a 5, 10 and 20-year time horizon. The draft LSPS must be exhibited by 1 July 2019.
The LSPS structure is based on the following four high-level themes set out in the South District Plan structure: Infrastructure and Collaboration Productivity Liveability Sustainability
This report addresses priorities and actions concerning ‘Infrastructure and Collaboration.’ It is one of four reports – one for each theme - which, once endorsed by Council, will form Sutherland Shire’s
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LSPS. Reports on Productivity (PLN051-18) and Sustainability (PLN053-18) have already been - endorsed by Council.
Once the LSPS has been finalised, Council must have completed its review of SSLEP 2015 by June PLN001 2021. Council is not required prepare a new comprehensive LEP. It simply needs to review its current planning framework and refresh it so that it betters aligns with the priorities and actions of the South District Plan.
DISCUSSION The South District Plan identifies two planning priorities related to Infrastructure and Collaboration directive. They are discussed below, followed by strategic directions that build on the issues identified in the LEP Health Check (PLN046-18).
Priority 1: Planning for a City Supported by Infrastructure The purpose of this priority is to prioritise infrastructure investment to support the vision of the District Plan, and to align infrastructure with projected growth. It also seeks to maximise existing infrastructure by considering adaptability, potential shared use and strategies to influence behavioural change.
Like the State Government, Council must plan, prioritise and deliver infrastructure needs in line with projected growth. The recent customer engagement survey, conducted for Council by consultants Ruby Cha Cha in June-December 2017, surveyed residents on their satisfaction and use of Council infrastructure. Almost all residents use roads, footpaths, car parking and/or cycleways. Parks and open spaces are valued by residents and used extensively – the lifestyle that they facilitate are a big part of the Shire’s identity. However, residents are concerned about the impacts of development, road congestion and parking availability.
Overwhelmingly residents want to know how Council will manage the Shire’s future development (69%) and population growth (68%). Most residents (80%) would prefer residential development to be centralised around the transport corridors in the Shire. Clearly residents are concerned that infrastructure must be aligned with growth.
In September 2018, Council conducted an Infrastructure Audit (PLN043-18). The audit focused on ‘big’ infrastructure such as transport, schools, hospitals and the like. The findings of the audit showed a mixed picture. It found that there is infrastructure capacity in certain key areas, such as utilities, services and regional open space. Elsewhere, however, there are major infrastructure challenges, particularly in road and rail transport, and facilities in centres where the population is expected to grow.
Council has a $2 billion asset portfolio. With respect to transport and connectivity, the current Council budget (2018/19) includes over $20 million for the Transport Infrastructure Program,
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infrastructure. PLN001
Connectivity improvements are also being pursued in partnership with TfNSW. The Sutherland to Cronulla Active Transport Link (SCATL) is supported by Council, and stage 1 is due to commence in February 2019.
Recreation and community facilities are also a priority of Council. The Council budget allocates over $1.4 million for sporting fields, including $400,000 for the Waratah athletics track. Over $1.2 million is budgeted for new library resources. The budget also includes the major refurbishment of the Sutherland Entertainment Centre and commencement of upgrade works at Cronulla Plaza. Additional funding has been allocated to renovate and improve existing community resources.
In early 2019, Council will conduct a local facilities audit to investigate local infrastructure. This review should also consider the adaptability of infrastructure and its potential shared used when preparing new plans, policies and strategies.
Transport infrastructure poses the most significant capacity challenge for Greater Sydney and the South District. There are no immediate plans to substantially improve the capacity of the existing rail links (i.e. the T4 or Illawarra train line), despite it being beyond capacity at present, and with significant recent and proposed development along the corridor.
The Greater Sydney Metropolitan Region Plan identifies two major city-shaping transport infrastructure proposals in the Sutherland Shire, being:- a “0-10 year investigation of the F6” and a “beyond 20-year visionary mass transport link from Kogarah to Miranda”.
Figure 1: South District Structure Plan highlighting identified infrastructure investment in the Sutherland Shire
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The South District Plan does not contain any initiatives that will enable residents of Sutherland Shire to - better access jobs in the ‘Central City’ (Parramatta), or the ‘Western City’ (Liverpool or Western Sydney Airport).
PLN001 In order to plan and sequence projected growth through a place-based approach, greater clarity is required on the location and form of the F6 infrastructure and the potential Kogarah to Miranda Metro. Without an understanding of the location and form of future city shaping infrastructure, Council’s potential to leverage growth and investment and to deliver great places for the future will not be realised. Lack of detail also limits the ability of Council to protect these future ‘corridors’ and plan for co-ordinating local infrastructure investment. Greater communication and transparency at the State level is essential in understanding where this infrastructure will occur to inform place-based planning, future zoning and possible LEP provisions
Similarly, Heathcote Road is a critical east - west connection linking the Illawarra, Sutherland Shire, Bankstown and Liverpool areas. It is also the primary road access to the ANSTO Collaboration Area. Heathcote Road is in need of a substantial upgrade to improve the service level and safety. Given that the collaboration areas at both ANSTO and Liverpool aim to facilitate significant employment and education precincts, this critical ‘city servicing’ infrastructure is in need of a substantial upgrade to improve the service level and safety.
As Council prepares for future growth, there are challenges in providing local infrastructure, particularly in areas transitioning to high density development. Council’s existing policy framework seeks to coordinate projected growth in a manner that supports long-term investment into connectivity. To realise this aim, it is planned to preserve proposed transport corridors for future uses while focusing on high-density residential development in existing centres with railway stations, particularly the strategic centres of Sutherland/Kirrawee and Miranda/Caringbah.
Recommended LSPS Strategic Direction: Support development of the F6 corridor. Lobby Roads and Maritime Services and Transport NSW for detailed information on the location of the F6 corridor, including what infrastructure will be above ground and what will be below ground, and including the location of stacks and local road connections/disruptions. Protect land within and alongside potential transport corridors to ensure that future planning can integrate and optimise land use and transport oriented development opportunities. Lobby State Government to address the need for replacement open space, as a result of that lost in the development of F6 infrastructure. Lobby State government to bring forward the future mass transport (metro) link to Miranda and identify the potential corridor.
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Lobby State Government in support of a safety and capacity upgrade of Heathcote Road, to - ensure an east - west connection that links the Illawarra, Sutherland Shire, Bankstown and Liverpool.
Investigate new responses that consider the adaptability of infrastructure and its potential PLN001 shared use. Continue to support the proposed Sutherland to Cronulla Active Transport Link (SCATL). Continue to analyse Council’s community and open space assets with a view to ensuring that there is an equitable distribution of infrastructure to serve the existing population and locations where future growth is anticipated. Factor these considerations into Council’s Long Term Financial Plan.
Priority 2: Working Through Collaboration The purpose of this priority is to realise the benefits of collaboration between government, community and business in special areas to support land use and infrastructure planning and delivery. Infrastructure planning requires collaboration: managing competing needs of a city involves all levels of government, industry and community. Within Sutherland Shire, the ANSTO Innovation Precinct is identified as a collaboration area.
Figure 2: ANSTO Innovation Precinct
The South District Plan proposes a non-statutory initiative to deliver planning outcomes that support growth and change in collaboration areas. The initiative involves Council participation in the ANTSO Collaboration Area Key Stakeholder Group, moderated by the Greater Sydney Commission. The approach involves working toward a shared a vision for the area: identifying challenges and opportunities; agreement on priorities for the area; and identifying projects and initiatives to deliver the vision.
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Coordinating investment and infrastructure to align with transport links is particularly challenging in the - area. Although the District Plan does not identify transport upgrades that would improve access to ANSTO, there is potential to coordinate investment and infrastructure to support residential
development opportunities near ANSTO. These areas include the potential R2 precincts on PLN001 Gandangara Aboriginal Land Council-owned land at West Menai and the approved Ridgeway Estate subdivision.
The LSPS Strategic Direction: Continue to collaborate with ANSTO, the Greater Sydney Commission and government agencies to support the growth of the ANSTO innovation precinct. This includes upgrade to improve the service level and safety of Heathcote Road and improved public transport. Engage with Transport for NSW to develop greater understanding of infrastructure planning and investment decision processes.
RESOURCING STRATEGY IMPLICATIONS Council’s current Resourcing Plan (Long Term Financial Plan) seeks to provide and maintain services and infrastructure desired by the community today and in the future. Additional population growth and jobs will increase the need for additional infrastructure. Although major transport, road and utility infrastructure is the State Government’s responsibility, providing more infrastructure is not without costs for Council.
Council’s Development Contribution Plans levy new development towards the cost of infrastructure. However the levy is capped by State legislation and does not cover the full cost associated with additional residents.
The 7.11 Contribution Plan applies to town centres where there is growth in residential apartments. It provides funding for acquisition of additional land for open space and augmentation of existing open space in/near town centres, as well as funds for augmentation of Regional open space and cycleway facilities. The 7.12 Contribution Plan applies outside these areas and provides for other open space projects and Regional Open space, as well as drainage, traffic and public domain improvements. Additional infrastructure comes with recurrent costs that cannot be funded through development contributions.
Ultimately, population growth will result in infrastructure resourcing implications for all councils across Sydney and this needs to be taken into account in long term financial and asset planning.
The Local Strategic Planning Statement is being prepared within the existing budget and resources of the Strategic Planning Unit. It is anticipated that external consultants will be required to undertake specific elements of research needed to inform decisions. The Strategic Planning Unit has a budget allocation for this purpose.
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COMMUNITY ENGAGEMENT - No community engagement is required at this stage. Community engagement will be required during the preparation of the comprehensive LSPS, in the first half of 2019.
PLN001 STRATEGIC ALIGNMENT The review of Council’s planning framework is essentially one of the key implementation tools for the Community Strategic Plan and the Delivery Plan. As such, it connects to most of the goals, principles and deliverables including:
Community Strategic Plan Strategy Delivery Program (2017-2021) Deliverables 1.1 Our community and leadership will 1G Implement the 2017-2021 Asset Management collaborate to enable the lifestyle and Strategy environment to which we aspire. 1.2 Our leadership empowers a broad range of 6A Develop and implement an Integrated stakeholders Transport Strategy and Plan. 1.3 The community is informed and 6B Manage new and existing development within empowered to rise to the challenges of a a robust and effective framework. changing world 3.1 The community has access to services, 6C Support housing diversity, accessibility and programs and facilities to support and enhance affordability to meet the diverse needs of the health and wellbeing. community. 6.1 Plan and develop integrated networks to provide transport choices that allow people to get around in a safe, accessible and efficient manner. 6.3 Provide welcoming, safe and accessible places and spaces that encourage active lifestyles.
POLICY AND LEGISLATIVE REQUIREMENTS Council is required under Section 3.8 of the Environmental and Planning and Assessment Act 1979 to review and amend its LEP to give effect to the South District Plan ‘as soon as practicable’ after the District Plan is made. Following on from the LEP Review endorsed by Council on 15 October 2018 (PLN046-18), the preparation of a Local Strategic Planning Statement (LSPS) is the next part of that process.
The regulations require Council to exhibit and adopt a draft LSPS before 1 July 2019. The LSPS must be finalised and adopted by Council by 1 December 2019. Council must than prepare a Planning Proposal to support the amendments to the LEP that are necessary to implement the LSPS. This will be required by early 2020 in order for the LEP amendment to be submitted for finalisation by June 2020.
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CONCLUSION - Council has a statutory responsibility to give effect to the District Plan. The strategic directions identified above address the two ‘infrastructure and collaboration’ priorities and flow on actions
identified in the South District Plan. As such, they are consistent with legislative requirements, and will PLN001 be incorporated into the comprehensive Local Strategic Planning Statement, which will include strategic directions related to the four themes of ‘Productivity’, ‘Sustainability, ‘Liveability’ and ‘Infrastructure and Collaboration’.
Reports on each of these themes have been or will be presented to Council by early 2019. A comprehensive draft LSPS is forecast to be placed on public exhibition in mid-2019.
RESPONSIBLE OFFICER The officer responsible for the preparation of this Report is the Acting Manager Strategic Planning Beth Morris, who can be contacted on 9710 0376.
File Number: 2018/322453
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PLN002-19 DRAFT SUTHERLAND SHIRE DEVELOPMENT CONTROL PLAN 2015 - AMENDMENT 4
Attachments: Appendix A (under separate cover),⇨ Appendix B (under separate cover),⇨ Appendix PLN002 C (under separate cover),⇨ Appendix D (under separate cover),⇨ Appendix E (under separate cover),⇨ Appendix F (under separate cover),⇨ Appendix G (under separate cover),⇨ Appendix H (under separate cover),⇨ Appendix I (under separate cover),⇨ Appendix J (under separate cover),⇨ Appendix K (under separate cover),⇨ Appendix L (under separate cover),⇨ Appendix M (under separate cover),⇨ Appendix N (under separate cover),⇨ Appendix O (under separate cover),⇨ Appendix P (under separate cover),⇨ Appendix Q (under separate cover),⇨ Appendix R (under separate cover),⇨ Appendix S (under separate cover),⇨ Appendix T (under separate cover),⇨ Appendix U (under separate cover),⇨ Appendix V (under separate cover),⇨ Appendix W (under separate cover),⇨ Appendix X (under separate cover),⇨ Appendix Y (under separate cover),⇨ Appendix Z (under separate cover),⇨ Appendix AA (under separate cover),⇨ Appendix AB (under separate cover),⇨ Appendix AC (under separate cover),⇨ Appendix AD (under separate cover),⇨ Appendix AE (under separate cover),⇨ Appendix AF (under separate cover),⇨ Appendix AG (under separate cover),⇨ Appendix AH (under separate cover),⇨ Appendix AI (under separate cover),⇨ Appendix AJ (under separate cover),⇨ Appendix AK (under separate cover),⇨ Appendix AL (under separate cover),⇨ Appendix AM (under separate cover)⇨ and Appendix AN (under separate cover)⇨
EXECUTIVE SUMMARY A number of minor amendments are proposed for Sutherland Shire Development Control Plan 2015 (SSDCP2015). The SSDCP2015 amendments are required to comply with Council resolutions or State legislation, or to clarify current development controls. Proposed amendments include the addition of new controls for Exhibition Homes and Exhibition Villages; amendments to Flood Risk provisions in Chapter 40 Environmental Risk; and an amendment to allow cafes and restaurants to open early for indoor and takeaway trade. A full list of draft amendments and detailed explanations is in Appendix A. The amended chapters of Draft Sutherland Shire Development Control Plan 2015 marked up to show the proposed amendments are attached as Appendices B - AN. This report seeks Council’s endorsement of the proposed amendments for public exhibition.
REPORT RECOMMENDATION THAT: Draft Sutherland Shire Development Control Plan 2015 Amendment 4 be endorsed for public exhibition.
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- PURPOSE This report seeks endorsement of amendments to the Sutherland Shire Development Control Plan
2015 (Draft Amendment 4). PLN002
BACKGROUND Sutherland Shire Development Control Plan 2015 was approved by the Sydney South Planning Panel on 25 July 2017, and came into effect on 2 August 2017.
Amendment 1 to the DCP corrected minor drafting errors and updated references to legislation and Council policies. Amendments 2 and Draft Amendment 3 relate to development at Ridgeway Estate in Barden Ridge. SSDCP2015 Draft Amendment 3 is not yet adopted and is on public exhibition until 13 February 2019.
DISCUSSION The current proposed Draft Amendment 4 applies to various chapters of the DCP and comprises a number of minor amendments with varying origins. Some amendments are required to comply with previous Council resolutions or updated State legislation and renamed clauses in EPAA1979. Some amendments are to clarify development controls or to correct inconsistencies of parking provisions between chapters.
A detailed list of the draft amendments and explanations is in Appendix A. The amended chapters of Draft Sutherland Shire Development Control Plan 2015 ‘marked up’ in red text to show the proposed amendments are attached as Appendices B - AN.
Below is a summary of the amendments:
1. ‘Exhibition Homes’ and ‘Exhibition Villages’: In July 2018 Council resolved (PLN037-18), to allow “Exhibition Homes” and “Exhibition Villages” in some locations. A planning proposal is in progress to amend the Sutherland Shire Local Environmental Plan 2015 to make these uses permissible. Council also resolved (PLN037-18) to amend the DCP to include development controls for these new uses.
Accordingly, it is proposed to amend “Chapter 35 Other Uses” to include objectives and controls for Exhibition Homes and Villages. The use “Exhibition Home” takes the same form as a dwelling house, so the proposed text specifies that objectives and controls for dwelling houses, as set out in Chapter 2 Dwelling Houses, will apply. However, the development of an Exhibition Home would result in a higher rate of visitation than a single dwelling house, with potential for greater impacts on local amenity, so additional objectives and controls are proposed to protect surrounding residential amenity when exhibition homes or villages are developed.
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2. Flood risk management: Proposed amendments to “Chapter 40 Environmental Risk” are - required by Council’s Stormwater and Waterways Engineers to ensure best practice in flood risk management and comply with the NSW State Government’s “2005 Floodplain
Development Manual.” Child Care Centres and Health Services facilities are proposed to be PLN002 included in the ‘Sensitive Uses and Facilities’ category, permitted in low flood risk areas only, and must meet greater development standards.
3. “Chapter 42 Administrative Provisions”: Amendment to clause 10.2 to clarify that an extension of the lapse date of a development consent must be received at least one month before the date of consent lapsing, to allow for processing.
4. Dual occupancies: Amendment to provide detail of test for when a second driveway is permitted. In accordance with Council engineers’ recommendations, the amendment seeks to enable multiple driveways in circumstances where the availability of on-street parking can also be maximised.
5. Dual occupancies: Clarification that the required area of storage is in addition to storage provided in bedroom wardrobes, kitchen cabinets and bathroom cabinets. Development controls are not proposed to be changed.
6. Dwelling Houses, dual occupancies and multi-dwelling development (in E4 zone): Additional objective to better explain the rationale for the current control limiting 2 storey development to the front 60% of the site; Additional text to the existing objective for Zones E3 and E4, to ensure that the natural environmental qualities of the locality dominate. The amendment ensures that there is consistency between chapters, as well as consistency with LEP zone objectives. Development controls are not proposed to be changed.
7. Late night trading: As per Council resolution (SER029-18), the proposed amendment to “Chapter 37 Late Night Trading” is to allow restaurants or cafes to extend their hours of operation to open at 5.30am for indoor and takeaway trade and from 6am for outdoor trading. This control applies in all B2 Local Centre, B3 Commercial Core and B4 Mixed Use zones. A review of the late night trading provisions in Kirrawee Town Centre is still underway and pending consultation with NSW Police (SER029-18 Resolution 2).
8. “Chapter 34 Ancillary Development”: Addition of fencing diagrams and text to clarify existing fencing controls. Development controls are not proposed to be changed.
9. “Chapter 39 Natural Resource Management”: Amendments necessary for consistency with amended State Environmental Planning Policy (Vegetation in Non-Urban Areas) 2017.
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10. “Chapter 39 Natural Resource Management”: Addition of subclause to allow minor pruning of - trees (no more than 10% canopy in any period of less than 12 months), without approval, as per current practice.
PLN002
11. Residential Flats, centres, industrial/business and tourist zones: Minor amendment to advise that where power lines are bundled, suitable trees can be planted underneath the bundled wires.
12. Foreshore and waterways development: Amendment to clarify that jetties cannot be constructed over Posidonia Australis (seagrass), consistent with Fisheries policy and State legislation. Jetties and ramps constructed with suitable mesh decking may be permitted over Zostera and other seagrasses.
13. Bicycle network map: Note in “Chapter 36 Vehicular Access, Traffic Parking and Bicycles” to indicate that the Bicycle network map is a Strategy map, and a more detailed map is available on Council’s website.
14. Pinnacle Street Precinct (Chapter 8): Remove reference to the route of SCATL (Sutherland to Cronulla Active Transport Link) as the proposed route has changed.
15. Engadine Centre (Chapter 20): Update mapping of 7 Preston Avenue to indicate it is Zone B3 Commercial Core for consistency with amended SSLEP2015.
16. Sutherland Centre (Chapter 24): Amend the Design Guidelines (and/or the Amalgamation Plan) for two specific sites: the block bounded by Boyle Street, Eton Street, Boyle Lane and Old Princes Highway; and three lots at 575-571 President Avenue. These amendments are required to ensure consistency within the chapter.
17. Caringbah Medical Precinct (Chapter 9): Minor amendments to text for consistency within the chapter, and compliance with the Apartment Design Guide separation requirements. Minor addition of objective to clarify the intent of the side/rear setback controls.
18. Parking provisions (Chapter 36 and various): In general, parking rates remain unchanged. Minor amendments are proposed to clarify controls, update uses and terms consistent with SSLEP2015, and correct some inconsistencies between chapters, particularly with respect to industrial premises. The new standard instrument use called “Industrial retail outlet” will have a parking rate of 1 space per 45 sqm, consistent with the rate for retail uses in zones B5 and B6 (Bulky goods).
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RESOURCING STRATEGY IMPLICATIONS - Amendments to the Development Control Plan are carried out within the existing budget and resources of Strategic Planning.
PLN002 COMMUNITY ENGAGEMENT An amendment to the Development Control Plan is required to be publicly exhibited for 28 days. Submissions received in that period will be reported to Council for consideration before Council decides whether to proceed with the amendment.
STRATEGIC ALIGNMENT Community Strategic Plan Strategy Delivery Program (2017-2021) Deliverables Outcome 6: A liveable place with a high quality Manage new and existing development within a of life robust and effective framework. Outcome 2: Sutherland Shire: A beautiful, protected and healthy natural environment Strategy 2.2.1 Enhance and protect our diverse flora, fauna and ecological communities Strategy 2.2.2 Manage, promote and enhance our tree canopy in urban and natural environments Strategy 2.2.3 Encourage responsible urban planning which balances growth with environmental sustainability
POLICY AND LEGISLATIVE REQUIREMENTS The Environmental Planning and Assessment Act 1979 and Regulations sets out the legislative requirements for the making and amending development control plans.
CONCLUSION 1. An amendment to the Development Control Plan is required to correct minor inconsistencies between chapters, to be consistent with NSW state legislation and to streamline the operation of the Plan. A full list of draft amendments and detailed explanations is in Appendix A. The amended chapters of Draft Sutherland Shire Development Control Plan 2015 ‘marked up’ in red text to show the proposed amendments are attached as Appendices B - AN.
2. It is recommended Draft Sutherland Shire Development Contribution Plan 2015 Amendment 4 chapters as attached to this report are endorsed for public exhibition.
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RESPONSIBLE OFFICER - The officer responsible for the preparation of this report is the Acting Manager Strategic Planning, Beth Morris, who can be contacted on 9710 0376.
PLN002
File Number: 2017/264379
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PLN003-19 LOW RISE MEDIUM DENSITY CODE IMPLEMENTATION -
Attachments: Appendix A⇩
PLN003 EXECUTIVE SUMMARY For Sutherland Shire, the 12 month exemption to the Low Rise Medium Density Code (part of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008) will expire on 1 July 2019. In September, Council wrote to the four local State Members of Parliament and the Minister for Planning seeking a support for a permanent exclusion from the Code. No replies have been received. Council’s current plan SSLEP2015 is delivering housing, sufficient to meet the 5 year State Housing target, of which a significant proportion is low rise medium density (dual occupancies and townhouses). It is recommended that Council further lobby the Minister for Planning for an exemption to the Low Rise Medium Density Code. To limit the impact of the higher density provisions embedded in the Code, Council needs to prepare a planning proposal to require consistency with SSLEP2015 development standards and/or limit the extent of medium density development which the Code will allow in the event that the permanent exclusion requested is not granted.
REPORT RECOMMENDATION
THAT:
1. Council further lobby the Minister for Planning for a permanent exemption to the Low Rise Medium Density Code (part of State Environmental Planning Policy (Exempt and Complying Development) 2008), providing evidence that the Sutherland Shire is delivering a diverse variety of housing in sufficient quantities to meet State housing targets.
2. A Planning Proposal be prepared and referred to the Sutherland Shire Local Planning Panel that seeks to limit the impact of the higher density provisions imbedded in the Code, by requiring consistency with SSLEP2015 development standards.
3. Should such a Planning Proposal not receive Gateway Determination, a Councillor briefing be held on amending SSLEP2015 to limit the extent of medium density development.
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PURPOSE - The Low Rise Medium Density Code (part of State Environmental Planning Policy (Exempt and Complying Development) 2008) will commence for Sutherland Shire in July 2019. This report
recommends that Council continue to lobby for a permanent exemption from the Code. This report PLN003 also explores options for ameliorating the impacts of the Code.
BACKGROUND The Low Rise Medium Density Code (the Code) (part of State Environmental Planning Policy (Exempt and Complying Development) 2008) was exhibited as a draft policy in late 2016. The State government policy aimed to facilitate low rise medium density housing as complying development in the R2 and R3 zones.
The Code allows, as complying development, one and two storey: dual occupancies (whether side by side, or above/below), manor houses (small flat buildings - 3-4 flats within a single building) and; multiple dwelling (terraces - each dwelling must be at least 6m wide and front a road)
The Code aims to facilitate faster housing approvals, as complying development, where medium density development is already permitted under a council’s local environmental plan. Private Certifiers would assess compliance with standards and architectural quality of development.
As townhouses and dual occupancy are permissible throughout the R2 Low Density zone under SSLEP2015, and were similarly permissible in the Local Housing zone under SSLEP2006, the Code will apply to vast areas of the Shire. The Code permits (without DA assessment) medium density development with a higher floor space ratio than currently allowed under the LEP in Zone R2 Local Housing.
Council made a detailed submission (PLN015-17 Draft Legislation Affecting Medium Density Housing) raising concerns with the draft Code. In particular Council’s submission objected to the draft policy on the grounds that the SEPP would allow more dense development than permitted by the SSLEP2015, potentially eroding local character and exacerbating amenity impacts. On a standard 600 m2 lot, Code development will be 36% larger than that permitted under SSLEP2015 (see detailed discussion PLN042-18). The changes will potentially jeopardise the neighbourhood character of low density zones, with greater bulk and scale impacts on neighbours and less opportunities to accommodate landscaping and trees of scale.
Neighbours would have no say on proposed development. Densities in the R2 zone were increased as part of SSLEP2015 after extensive community exhibitions and an Independent Review, and it is unreasonable that the Code override these provisions.
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Most other Sydney Councils were likewise concerned about the Code and made similar submissions - to the exhibition of the draft Code. On the 21 May 2017, in response to increasing community concerns about the extent of change in the low density residential zones, Council resolved to seek a
suspension of the Code. Council resolved (BWN010-18 Complying Development Provisions – Dual PLN003 Occupancy, Manor Houses and Terraces): That Council request the NSW Minister for Planning, the Honourable Anthony Roberts MP, suspend the commencement of the complying development provisions which will encourage more dual occupancy in Sutherland Shire, as well as manor houses and terraces, until: 1. Council has undertaken an audit of infrastructure to establish whether local and State infrastructure can accommodate current and future housing growth, making sure infrastructure is aligned with growth, and 2. Council has carried out a review of its planning framework to address legitimate community concerns about the volume and density of residential flat buildings being approved under the current LEP. 3. Council is to commence the review as matter of urgency, The General Manager and the Director of Planning conduct a briefing as soon as possible to Councillors and involved staff on process and time frames.
Council again reiterated its concern regarding the impending introduction of the draft Code on 18 June 2018 when it resolved (BWN012-18 Low Rise Medium Density Housing Code - Complying Development Provisions): 1. Council notes the new planning laws Low Rise Medium Density Housing Code are due to take effect in about two weeks. 2. Council seeks an urgent response from Minister Roberts to its letter dated 25 May 2018 asking that the new laws be suspended from operation at Sutherland Shire. 3. The Mayor calls the Minister’s office urgently to bring Council’s concerns to his direct attention.
The Code came into effect on 6 July 2018. However ultimately 50 councils were exempted from the operation of the Code. It is noted that only seven Councils in Sydney permit medium density development in their low density residential zones.
On the 17 September 2018 Council again considered a report on the imminent implementation of the Low Rise Medium Density Code (PLN042-18 The Low Rise Medium Density Code - Options for Implementation). The report outlined how the current plan, SSLEP2015, is delivering housing to meet the needs of the local community and also meets State targets for housing supply. It also demonstrated how the Code will facilitate housing that is out of character with the local area, allowing densities significantly higher than that permitted under SSLEP2015. The report explained options to ameliorate the impacts of the Code. In response Council resolved:
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THAT: - 1. Council make a request to the Minister for Planning for permanent suspension of the Code to Sutherland Shire because Council’s planning framework is delivering record numbers of
dwellings across all forms of housing. PLN003 2. Council seek an amendment to the Code so that complying development must respect the principle development standards contained in Sutherland Shire Local Environmental Plan 2015. 3. Council write to our State members seeking their support for a permanent suspension of the Code in the Sutherland Shire. 4. Granny flats also meet the requirements of the Sutherland Shire Local Environmental Plan
In accordance with the resolution, on the 27th September 2018 the General Manager wrote to the Minister for Planning seeking a permanent exemption to the Code (Appendix A). Council also similarly wrote to the local Members of Parliament (The Hon. L. Evans, The Hon. M, Gibbons, The Hon. E Petinos, and The Hon. M Speakman) seeking their support for a permanent exemption to the Code. To date, and despite following this matter up with Department of Planning representatives, no replies have been received by Council.
DISCUSSION Housing Supply Council has approved 2003 low rise medium density dwellings (multi dwelling, dual occupancy, and secondary dwellings) in 3.5 years (to 14th January 2019). A further 461 dwellings were, at that time, pending determination. The South District plan sets a five year completions target of 5200 dwellings to 20/21. Council has approved 6,261 dwellings and has 1,466 dwellings pending approval. Council’s current plan SSLEP2015 is delivering housing, sufficient to meet the 5 year State Housing target. Council is well placed to achieve this, and may exceed it, as demonstrated in the table below:
Net Dwellings Apartments Multi Dwelling Dual Secondary Dwellings Approved by Year Housing Units Occupancy (By DA, Private CDC Submitted and Council CDC) 2015* Following LEP 2,577 153 162 72 2015 (23rd June) 2016 1,087 268 257 93 2017 557 287 361 117 2018 37 14 143 76 2019 (to 14/01/2019) 0 0 0 0 Total 4,258 722 923 358 Total Approved 6,261
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Pending 1,005 263 165 33 - Determination at 14/01/2019
Total Approved and 5,263 985 1,088 391 PLN003 Pending Grand Total 7,727
The resulting cumulative impacts of development in these low density areas, however, has led to increasing community dissatisfaction. Complaints from the community include the visual impacts of the bulk and scale on neighbours (expressed as ‘over development’), loss of privacy, overshadowing, tree loss, traffic generation and the out-of-character nature of the development.
Minimum Lot Size Initiative Partially in response to ongoing residents’ concerns about ‘overdevelopment’, Council prepared a draft Local Environmental Plan in August 2018 (PLN010-18 Planning Proposal Minimum Lot Size for Dual Occupancy and Multi Dwelling Development) to: Introduce minimum lot size of 600m2 for the construction of a dual occupancy in zone R2 Low Density Residential Introduce a minimum lot size of 700m2 for the construction of a dual occupancy in Zone E4 Environmental Living, and Introduce a minimum lot size of 1200m2 for the construction of multi dwelling housing in zone R2 Low Density Residential
The amendment to SSLEP2015 is awaiting final legal drafting. The amendment will enable dual occupancy development on 19,124 lots, or 47% of lots zoned E4 and 70% of lots zoned R2. For multi dwelling development, a minimum lot size of 1200sq.m in the R2 Low Density Residential zone will require the amalgamation of two adjoining lots, as most lots in this zone are 15m wide and less than 1200sq.m. It is estimated that the introduction of the minimum lot size requirements will continue to produce an additional 1,000 net dwellings per year for the next five years.
Other Sydney Councils’ Response to the Code: In response to the Code, other councils continue to seek amendments to ameliorate the impacts of the Code, including: an exemption to the Code (permanent or temporary until a housing strategy is done) or amendments to ensure consistency with LEP standards, or reductions in the zones where medium density is permitted, or all three of the above options.
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Most councils have been advised that amendments to the Code were not supported, however, some - councils are continuing to pursue this. Some councils have also sought minimum lot size provisions for dual occupancy and medium density development as part of their solution.
PLN003 All councils seeking an LEP amendments have been required to provide additional evidence to obtain a Gateway Determination or permission to exhibit their draft plan. councils had to demonstrate: how the council is meeting the housing targets of the District Plans, and the type of housing being approved, including dual occupancy and multi dwelling development, and the number of lots that are/would be subject to the code, and the total area zoned for such development. (See information relating to Sutherland Shire above)
The following councils have requested exemption or permanent deferral from the Code and the following amendments to their plans: Ryde Council has a 2 year exemption until a housing strategy is endorsed. Mosman Council has been granted a three year exemption to the Code for Mosman’s foreshore slopes, and is working on amendments to strengthen their Local Environmental Plan. Lane Cove Council, in December 2018, commenced exhibition of a plan to prohibit multi dwelling development in the R2 zone. The plan affects 2,565 lots in the R2 zone. The exhibition closes in February. Northern Beaches Council (Pittwater) is about to exhibit a plan prohibiting multi dwelling/manor house development from the R2 and R3 zones and prohibit dual occupancy development from the R2 zone. Georges River Council is awaiting Department of Planning and Environment (DPE) approval to exhibit a plan prohibiting multi dwelling/manor house from the R2 zone and prohibit dual occupancy development (unless approved by Council) in the R2 zone. Canterbury Bankstown Council is awaiting DPE approval to exhibit a plan prohibiting multi dwelling development/Manor Houses from the R2 zone, and limit dual occupancy development to the LEP provisions.
Councils have questioned how Ryde Council was granted a further exemption and are seeking a similar exemption while they prepare housing strategies.
Recommended Actions As a response has not yet been received to Council’s request for a permanent exemption, it is recommended that Council further lobby the Minister for Planning for a permanent exemption to the Low Rise Medium Density Code while Council works toward preparing a new housing strategy to inform a refresh of SSLEP2015. This would continue to be on the basis that Sutherland Shire is delivering a diverse variety of housing in sufficient quantities to meet State housing targets.
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- Given that the current 12 exemption will lapse in July 2019 and there is no certainty that the Minister will agree to a permanent exemption, it is recommended that a Planning Proposal be prepared with
the intention of preserving the low density character of the R2 zone and R3 zones, ensuring PLN003 development is consistent with the provisions of SSLEP2015. To make this happen, the amendment should seek to: amend the State Environmental Planning Policy (Exempt and Complying Development Codes 2008) to ensure that dual occupancy and multi dwelling development is consistent with the development standards contained in SSLEP2015 in both the R2 and R3 zones; Introduce a minimum lot size for manor house development of 900sq.m. to ameliorate the impacts of such development
These measures may not be successful, as a SEPP is intended to override the provisions of a LEP and the minister may not be willing to amend the SEPP. Should Gateway Determination not be given by the DPE, Council may request to: Prohibit multi dwelling development in the R2 Zone Prohibit dual occupancy development in the R2 Zone
The preferable option would be a permanent exemption from the Code, or at the very least, a temporary exemption from the Code, until Council prepares its Housing Strategy.
It is important that Council’s intention is clear, as drafting of the actual provisions would be undertaken by Parliamentary Counsel following exhibition of the plan.
As a further measure, Council could consider prohibiting dual occupancy and multi dwelling development in the R2 zone and increasing the area zoned R3 Medium Density Residential to compensate for lost development potential. This would lead to greater concentration of density in areas up-zoned to R3 and may somewhat affect housing supply. The up-zoned R3 would have a FSR of 0.55:1, rather than 0.7:1 as currently applies to R3, to ensure the scale of single dwellings was not increased.
The exact areas to be added to the R3 zone could be the subject of a further Councillor briefing and later Planning Proposal if this option is proceeded with. Alternatively this could be explored as part of Council’s new Housing Strategy to be undertaken following the Local Strategic Planning Statement (LSPS).
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RESOURCING STRATEGY IMPLICATIONS - Amendments to the SSLEP2015 are carried out within the existing budget and resources of Strategic Planning.
PLN003 COMMUNITY ENGAGEMENT An amendment to the SSLEP2015 is required to be referred to the Local Planning Panel for comment and then again be considered by Council. Such a draft amendment to SSLEP2015 is publicly exhibited for 28 days (or as specified in a Gateway Determination). Submissions received in that period will be reported to Council for consideration before Council decides whether to proceed with the amendment.
Reducing permissibility of dual occupancy and multi dwelling development in the R2 zone will result in mixed responses from the community. Without an amendment to the plan neighbours will be subjected to even larger, bulkier buildings with limited examination of particular site constraints, and no opportunity to comment. Council can explore other ways to facilitate housing as part of the LSPS and new Housing Strategy.
Unfortunately the current State mandated planning system does not allow Council to take a more nuanced response to planning matters.
STRATEGIC ALIGNMENT The issues addressed in this report have connections to the goals and principles of the Sutherland Shire Community Strategic Plan, including: Community Strategic Plan Strategy Delivery Program (2017-2021) Deliverables 1.1.2 Evolve, influence and deliver community DP 41 Implement legislative requirements to strategies in partnership with the community to ensure environmental, archaeological and meet their aspirations. Aboriginal heritage are conserved and valued. 2.2.2 Manage, promote and enhance our tree canopy in urban and natural areas. 2.2.3 Encourage responsible urban planning which balances growth with environmental sustainability. 4.1.1 Identify and appreciate places, spaces and stories that contribute to our Sutherland Shire identity. 6.2 Facilitate a diverse housing mix that provides choice and meets the needs of all community members.
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POLICY AND LEGISLATIVE REQUIREMENTS - The Environmental Planning and Assessment Act 1979 and Regulations sets out the legislative requirements for the making and amending local environmental plans.
PLN003 CONCLUSION The Low Rise Medium Density Code (the Code) (part of State Environmental Planning Policy (Exempt and Complying Development) 2008) aims to override the provisions of SSLEP2015 and allow greater development than currently permitted. Council’s current plan SSLEP2015 is delivering housing, sufficient to meet the 5 year State Housing Target.
It is recommended that Council further lobby the Minister for Planning for a permanent or extended exemption to the Low Rise Medium Density Code (part of State Environmental Planning Policy [Exempt and Complying Development] 2008), at least until Council prepares its next housing strategy. In case this is not granted, to limit the impact of the higher density provisions imbedded in the Code, Council has no choice but to begin preparation of a planning proposal to require consistency with SSLEP2015 development standards and/or limit the extent of medium density development.
Lodgement of a Planning Proposal will demonstrate Council’s commitment to maintaining the local character of the Shire’s low density zones.
RESPONSIBLE OFFICER The officer responsible for the preparation of this Report is the Acting Manager Strategic Planning Beth Morris who can be contacted on 9710 0376.
File Number: 2016/257428
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