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A Planning Proposal Which Nominates High Conservation Protection For

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A Planning Proposal Which Nominates High Conservation Protection For If you would like to add your note of support to this Gateway submission to protect the Hacking River Catchment of Otford, Stanwell Park & Helensburgh, surrounding the “Royal National Park” from development, please add your name and details here http://www.otfordeco.com/submission.html A Planning Proposal which nominates high conservation protection for former 7d zoned lands and a cost effective exit strategy for owners of lots without developments rights Prepared by Otford Protection Society Incorporated Page 1 of 91 Planning Proposal – Land adjacent to Royal National Park – 30 April 2010 The Director General N.S.W. Planning – Head Office 23-33 Bridge Street (GPO Box 39) Sydney NSW 2000 Dear Director General, Planning Proposal: WOLLONGONG CITY COUNCIL - A PLANNING PROPOSAL WHICH NOMINATES HIGH CONSERVATION PROTECTION FOR FORMER 7D ZONED LANDS AND A COST EFFECTIVE EXIT STRATEGY FOR OWNERS OF LOTS WITHOUT DEVELOPMENTS RIGHTS Otford Protection Society Incorporated, by a resolution on May 2, 2010 at a Committee Meeting, has prepared this planning proposal, in accordance with Division 4 LEPs of the Environmental Planning and Assessment Act, 1979 (as amended) and section 27 of the Local Government Act 1993, to initiate a draft local environmental plan which nominates high conservation protection for former 7d zoned lands and a cost effective exit strategy for owners of lots without developments rights. Approval be granted for Otford Protection Society Incorporated, delegated authority, to prepare and submit a planning proposal to the Minister for Planning in accordance with Section 55 of the Environmental Planning and Assessment Act, 1979 (as amended) which nominates high conservation protection for former 7d zoned lands and a cost effective exit strategy for owners of lots without developments rights, such planning proposal is to include the following: (i) a statement of the objectives or intended outcomes of the proposed instrument; (ii) an explanation of the provisions that are to be included in the proposed instrument; (iii) the justification for those objectives, outcomes and provisions and the process for their implementation (including whether the proposed instrument will comply with relevant directions under section 117); (iv) maps for proposed land use zones; heritage areas; flood prone land—a version of the maps containing sufficient detail to indicate the substantive effect of the proposed instrument; and (v) details of the community consultation that is to be undertaken before consideration is given to the making of the proposed instrument. The attached planning proposal has been drafted in accordance with Section 55 of the Environmental Planning and Assessment Act, 1979 and the Department of Planning’s “A Guide to Preparing Planning Proposals”. Page 2 of 91 Planning Proposal – Land adjacent to Royal National Park – 30 April 2010 It is requested that the Planning Proposal be forwarded to the LEP Review Panel for a gateway determination under Section 56 of the Environmental Planning and Assessment Act, 1979. An electronic copy of the submission is included at the end of the document. If you have any further enquiries on this matter, please do not hesitate to contact Mrs Pauline Smith on (02) 4294 1243. Yours sincerely OTFORD PROTECTION SOCIETY INCORPORATED (Registration Number 1585513702) N Watson – Secretary C/o 22 Lady Wakehurst Drive OTFORD NSW 2508 30 April 2010 Distribution Minister for Environment Protection, Heritage and the Arts PO Box 6022 Parliament House Canberra ACT 2600 National Parks and Wildlife Service PO Box 1968 Hurstville NSW 2220 N.S.W. Planning - Southern Region - Wollongong PO Box 5475 Wollongong NSW 2520 Sutherland Shire Council Locked Bag 17 Sutherland NSW 2232 Wollongong City Council Locked Bag 8821 Wollongong NSW 2500 Page 3 of 91 Planning Proposal – Land adjacent to Royal National Park – 30 April 2010 EXECUTIVE SUMMARY Otford Protection Society Incorporated appreciates that Wollongong City Council and the Department of Planning drafted, exhibited and gazetted the Wollongong LEP 2009. However, the PROCESS and VALIDITY of that planning instrument are questioned. This Planning Proposal prepared as a community submission nominates a higher conservation protection for former 7D zoned lands to E2 zonation which was put forward at the community consultation stage of the Wollongong DLEP and not the E3 zone which was gazetted. The reason given by Wollongong City Council for its last minute switching of lands from E2 to E3 is contradicted in writing by the Department of Planning. Otford Protection Society also appreciates that a desktop study has been carried out into the 7D lands YET would question why reclassification of these sensitive lands WITHOUT BIAS or ENVIRONMENTAL STUDIES being completed is even being contemplated! The 7d land in question has always had limited development capability, yet, for whatever reason, some present 7D landholders continue their lobbying for inappropriate development size downgrading. Lack of foresight and a desire to capitalise on the parchment subdivisions should not mean that the environment and local community should suffer, nor the Royal National Park, be isolated or endangered. Nothing has changed since 7d land was gazetted to warrant the ‘7d’ zoning to be degraded to E3. This Planning Proposal validates this reasoning for a zonation of E2 together with a cost effective exit strategy for owners of lots without developments rights. Page 4 of 91 Planning Proposal – Land adjacent to Royal National Park – 30 April 2010 TABLE OF CONTENTS Type Description Page Cover Front Cover 1 Letter Planning Proposal Notification 2 Summary Executive Summary 4 Contents Table of Contents 5 Proposal Background 7 Proposal Landscape Master Plan 8 Proposal Part 1 – Objectives and Planned Outcomes 9 Proposal Part 2 – Explanation of provisions 10 Proposal Part 3 – Justification 11 Proposal Part 4 – Community Consultation 16 Appendix 1 Previous Council committees and State Government 17 Department advocating protection of the environment Appendix 2 Government and Community Groups 18 Appendix 3 Applicable State Environment Planning Policies (at 13 March 19 2010) Appendix 4 Section 117 (2) Directions (at 13 March 2010) 20 Appendix 5 Sydney Catchment Authority Zonation as E2 21 Appendix 6 NPWS Bioregional Assessment Study (within Wollongong LGA) 23 2002 Appendix 7 Rare plants and animals in the Upper Hacking River 24 Appendix 8 Extract from 2000 Plan of Management Royal National Park, 29 Garawarra State Conservation Area and Heathcote National Park Appendix 9 Heritage assets and cultural (aboriginal) significant sites 32 Appendix 10 Extract from the Nature Conservation Council of NSWs website 36 – Paper Subdivisions Appendix 11 Minister Garrett refused the proposal for Jervis Bay rezoning 37 due to the impacts on ecological integrity Appendix 12 Summary of Royal National Park and Garawarra State 38 Recreation Area Appendix 13 Extract Port Hacking Integrated Environmental Management 39 Plan 2007-2013 Document 1 NSW Planning criteria for Planning Proposal as E2 41 Document 2 NSW Planning Right to rebuild under E2 after Bush Fire 42 Document 3 National Parks Association of NSW Submission to Wollongong 43 City Council on the Draft Review of 7(d) land Document 4 Sutherland Council Submission to Wollongong City Council on 61 the Draft Review of 7(d) land Page 5 of 91 Planning Proposal – Land adjacent to Royal National Park – 30 April 2010 TABLE OF CONTENTS (Continued) Type Description Page Document 5 “Heritage Estates” Rezoning Investigations Small Lot Rural 65 Subdivision at Worrowing Heights Document 6 NSW National Parks and Wildlife Service correspondence 75 concerning land additions to Garawarra State Conservation Area , the DECC and Aboriginal Heritage Document 7 Department of Environment and Conservation (NSW) 76 Acquisition of land for a wildlife corridor between Royal National Park and the Illawarra Escarpment Document 8 NSW National Parks and Wildlife Service Addition of lands to 78 Illawarra Escarpment State Conservation Area – high conservation significance Map 1 Current Gazetted Wollongong City Council 2009/10 Zoning 79 Map Map 2 Proposed Zoning Map 80 Map 3 Parish Map originally drawn 1880 82 Map 4 Conservation Corridor 83 Map 5 Wildlife Corridor- Royal National Park - Garawarra SRA & 84 Illawarra Escarpment Map 6 Sydney Catchment Map 85 Map 7 Biodiversity Zone Map 87 Map 8 Littoral Rainforest Corridor 88 Map 9 Satellite Photo of Area including the Royal National Park 89 Receipt Delivery Receipt 90 Page 6 of 91 Planning Proposal – Land adjacent to Royal National Park – 30 April 2010 Background This planning proposal follows the future direction framework provided by the ”Commission of Inquiry into Appropriate Land use and Zonings in the Vicinity of Helensburgh” July-Dec 1994. This planning proposal is not for new development but rather seeks to protect the area from future development by providing a long term solution to repeated developer requests, especially including those beyond the development conditions stated in the former 7d lands (currently Interim E3), for expansion to the area immediately adjacent to the Royal National Park and Garawarra State Conservation Area and in turn protect the Hacking River Catchment, which needs to supply high quality water to the Hacking River which bisects Royal National Park. The planning proposal is built on the premise that Council will ratify, as indicated to many community groups, previous 7(d) land classification Environmental Protection
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