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Liverpool Rural Lands Study 2012

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Liverpool Rural Lands Study 2012 Liverpool Rural Lands Study 2012 Prepared by: Liverpool City Council Date: August 2012 i Liverpool Rural Lands Study 2012 Table of Contents 1 EXECUTIVE SUMMARY 1 2 INTRODUCTION 1 2.1 Study Aims and Objectives 2 2.2 Study Area 2 3 STATUTORY CONTROLS 3 3.1 State Environmental Planning Policies 3 3.1.1 State Environmental Planning Policy No. 30 – Intensive Agriculture 3 3.1.2 State Environmental Planning Policy No. 44 – Koala Habitat 3 3.1.3 State Environmental Planning Policy Housing for Seniors or People with a Disability 2004 3 3.1.4 State Environmental Planning Policy Exempt and Complying Development Codes 2008 3 3.1.5 State Environmental Planning Policy Sydney Region Growth Centres 2006 3 3.1.6 State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 4 3.1.7 State Environmental Planning Policy (Infrastructure) 2007 4 3.1.8 State Environmental Planning Policy (Western Sydney Parklands) 2009 4 3.1.9 State Environmental Planning Policy (Rural Lands) 2008 4 3.1.10 Sydney Regional Environmental Plan 9 – Extractive Industries (No.2) 5 3.1.11 Sydney Regional Environmental Plan 20 – Hawkesbury Nepean River 5 3.2 Draft State Environmental Planning Policies 6 3.3 Section 117 Directions 6 3.4 Sydney Metropolitan Plan for Sydney 2036 8 3.4.1 Strategic Direction D – Housing Sydney’s Population 9 3.4.2 Strategic Direction F –Balancing Land Uses on the City Fringe 9 3.4.3 Strategic Direction G – Environment and Climate Change 10 3.5 Draft South West Subregional Strategy 10 3.6 South West Growth Centre (SWGC) 10 3.7 Liverpool Local Environmental Plan 2008 (LLEP 2008) 11 3.7.1 RU1 Primary Production 12 3.7.2 RU2 Rural Landscape 12 3.7.3 RU4 Primary Production Small Lots 13 3.7.4 Standard Instrument Zones not utilised. 14 3.7.5 Other Zones in Liverpool LEP 2008 15 LCC August 2012 LCC File Reference 2012/1606 i Liverpool Rural Lands Study 2012 3.8 Liverpool LEP 2008 Development Standards 16 3.9 Liverpool Local Environmental Plan 1997 18 3.10 Liverpool Development Control Plan 2008 22 4 PHYSICAL ENVIRONMENT 23 4.1 Flooding and Drainage 23 4.2 Bushland and Biodiversity 23 4.3 Bushfire 23 4.4 Agricultural and Soil Classification 24 5 RURAL DEVELOPMENT PRESSURES 25 5.1 Proposed Badgerys Creek International Airport 25 5.1.1 History 25 5.1.2 Joint Study on Aviation Capacity in the Sydney Region 26 5.1.3 Future Direction 26 5.2 Sydney Regional Environmental Plan 9 – Extractive Industries 27 5.3 Agriculture 27 5.4 Dual occupancies 29 5.5 Cemeteries and Crematoria in Liverpool 31 5.6 Liverpool LEP 2008 Amendment No. 17 32 5.7 Department of Planning and Infrastructure- Review of potential housing sites 33 6 SUBURB BY SUBURB ASSESSMENT 34 6.1 Denham Court 34 6.2 Cecil Park 36 6.3 Austral 38 6.4 Leppington 40 6.5 Kemps Creek 42 6.6 Rossmore 44 6.7 Bringelly 46 6.8 Badgerys Creek 51 6.9 Luddenham 54 6.10 Wallacia 57 6.11 Greendale/Cobbity 59 7 Recommendations 62 LCC August 2012 LCC File Reference 2012/1606 ii Liverpool Rural Lands Study 2012 8 Conclusion 62 Appendix 1 - Land Application Map 63 Appendix 2 - SREP 9 Sydney Regional Environmental Plan 9 – Extractive Industries (No.2) 64 LCC August 2012 LCC File Reference 2012/1606 iii Liverpool Rural Lands Study 2012 1 EXECUTIVE SUMMARY Councils Rural Lands Study (RLS) seeks to provide a broad strategic document which encompasses development opportunities and constraints of rural lands within the Liverpool Local Government Area (LGA). The RLS 2012 updates the previous Study completed in 2007 by reflecting the progress made in relation to precinct planning made under the South West Growth Centre (SWGC), Badgerys Creek Airport reservation and considers other emerging issues and pressures affecting Liverpool’s rural areas. The RLS also clarifies the applicable land use zones and planning provisions within the Liverpool Local Environmental Plan (LLEP) 2008 and the Liverpool Development Control Plan (LDCP) 2008. The RLS contains a number of recommendations, most of which require further action to ensure implementation such as carrying out amendments to Liverpool Local Environmental Plan (LLEP 2008), Liverpool Development Control Plan (LDCP) 2008 whilst other actions rely on State Government or other public agencies for implementation. 2 INTRODUCTION At its meeting dated 28 September 2011, Council resolved to undertake a review of certain aspects of rural land use planning including the Liverpool Local Environmental Plan 2008 (LLEP2008) controls relating to the permissibility of cemeteries and the provision of dual occupancies. Although the resolution was to investigate specific matters, Liverpool Council has also taken the opportunity to update the Liverpool Rural Lands Study July 2007 authored by Don Fox Planning Pty Ltd. The Liverpool Rural Lands Study 2012 provides an update on precinct planning under the SWGC, Badgerys Creek Airport reservation and considers emerging uses and pressures affecting Liverpool’s rural areas. The Study also provides strategic justification and clarification of current land use zones whilst also recommending changes to the LLEP 2008 and Liverpool Development Control Plan 2008 (LDCP 2008) where necessary. Any future strategy needs to balance the needs for urban sprawl (230 000 of Sydney’s new dwellings are to be provided Greenfield areas over the next 20 to 30 years), landowners seeking highest and best use of rural land, visual and scenic qualities, the demand for fresh produce and agricultural uses, extractive industry and environmental constraints. Overall, the greatest pressure on rural land and its character in Liverpool is attributed to the push for rural lifestyle housing. The demands for additional housing rights may somewhat erode the qualities of rural areas that attract residents to the area in the first place. The objectives identified in this report not only involve the protection of agricultural lands, but also seek to maintain the rural landscape character of the Liverpool local government area by providing a balance between land uses. LCC August 2012 LCC File Reference 2012/1606 1 Liverpool Rural Lands Study 2012 2.1 Study Aims and Objectives The Study updates the 2007 Rural Lands Study and essentially considers what changes have occurred in Liverpool’s rural lands since 2007. The objective of the existing development controls is to preserve the essentially rural character of the area by limiting housing density and protecting and preserving the rural values and quality of the land At its meeting dated 28 September 2011, Council resolved to undertake a review of rural land use planning including the permissibility of cemeteries and the restrictions relating to dual occupancies. Although the resolution was to investigate specific matters, Council has taken the opportunity to update the current strategic policy relating to rural lands being the Liverpool Rural Lands Study (RLS) 2007. The aims of the draft RLS 2012 are as follows: To consider Councils resolution of 28 September 2011 which includes the permissibility of cemeteries, planning restrictions relating to dual occupancies, the rezoning of particular precincts in Bringelly and Badgerys Creek and the permissibility of specific land uses in the rural zones. To provide up to date information relating to precinct planning under the South West Growth Centre and the findings of the Governments Joint Study on Aviation Capacity relating to the Badgerys Creek Airport reservation. To clarify the transition of land use zones from LLEP 1997 to LLEP 2008. To consider other emerging pressures affecting Liverpool’s rural areas including urban development. To provide a suburb-by-suburb profile and assessment of attributes, constraints and opportunities. To outline the role of Liverpool’s rural areas in the provision of fresh produce, rural industry and other rural production. To recommend amendments to planning controls within the LLEP 2008 and LDCP 2008. 2.2 Study Area The study area encompasses all suburbs within the Liverpool LGA that contain land zoned rural under the LLEP 2008, being; Denham Court Cecil Park Austral Leppington Kemps Creek Rossmore Bringelly Badgerys Creek Luddenham Wallacia Greendale/Cobbitty LCC August 2012 LCC File Reference 2012/1606 2 Liverpool Rural Lands Study 2012 Refer to Appendix 1 for the study area map. 3 STATUTORY CONTROLS The RLS 2007 was prepared to inform the Liverpool Local Environmental Plan 2008. Since the preparation of that study the LLEP 2008 has been gazetted, and the supporting LDCP 2008 adopted. Council, its residents and developers have now had the benefit of digesting the objectives and utilising planning controls associated with those planning documents. Aside from the LLEP, this section provides an up to date summary of the relevant State Environmental Planning Policies, Section 117 Ministerial Directions, Metropolitan Strategy and precinct planning within the South West Growth Centres. 3.1 State Environmental Planning Policies State environmental planning policies (SEPPs) deal with issues significant to the state and people of New South Wales. They are made by the Minister for Planning and may be exhibited in draft form for public comment before being gazetted as a legal document. 3.1.1 State Environmental Planning Policy No. 30 – Intensive Agriculture SEPP 30 requires that development consent is required for cattle feed lots having a capacity of 50 or more cattle or piggeries having a capacity of 200 or more pigs or 20 or more breeding sows. 3.1.2 State Environmental Planning Policy No. 44 – Koala Habitat SEPP 44 applies to the Liverpool Local Government Area and as such any future development needs to ensure that development does not affect core koala habitat. 3.1.3 State Environmental Planning Policy Housing for Seniors or People with a Disability 2004 The State Environmental Planning Policy permits construction of seniors living housing on land zoned or adjacent to urban zones (not including R5 Large Lot Residential).
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