Public Authority Submissions
Formal written responses have been received from all of the public authorities that Council was required to consult with by the Gateway Determination, except Government Property NSW (formerly the State Property Authority). Submissions have also been received from a number of other public authorities. Summary of Issues
The Gateway Determination issued by the Department of Planning and Infrastructure required Council to consult with (at least) the following authorities:
Transport for NSW; Roads and Maritime Services; Office of Environment and Heritage; Sydney Catchment Authority; Department of Education and Communities; State Property Authority; Housing NSW; NSW Rural Fire Service; Commonwealth Department of Infrastructure and Transport; Office of Strategic Lands; Adjoining LGAs
Formal written responses have been received from all of the above authorities, except Government Property NSW (formerly the State Property Authority). Submissions have however been received from Crown Lands relating to the Minister for Planning and Infrastructure‟s property holdings. The Commonwealth Department of Infrastructure and Transport indicated that it did not wish to make a submission, as did Campbelltown City Council.
In addition to the above authorities, Council has also received submissions from the following authorities:
Sydney Water Australian Nuclear Science and Technology Organisation (ANSTO) NSW Transport – Railcorp Ausgrid Department of Defence (Commonwealth) Department of Health – South Eastern Sydney Local Health District Department of Primary Industries – Fisheries NSW NSW Trade and Investment – Crown Lands NSW Heritage Council
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Analysis of Submissions
The submission received from Rockdale City Council indicated general support for the DSSLEP2013. The comments and requests contained in the submissions received from the other authorities are detailed in this section of the report. These have been grouped together as follows: Zoning; Development Controls; Heritage, Acquisitions and Policy Matters.
Zoning
Support for the proposed zones, and application of the zone to specific parcels of land was expressed by the following authorities:
Housing and Property Group (NSW Finance and Services): Supports the proposed rezoning of 9 Hopman Avenue, Menai from Zone 13 - Public Open Space to E4 Environmental Living and the inclusion of dual occupancies and multi dwelling housing in the L2 Low Density Residential zone. Office of Strategic Lands: Supports the proposed zonings attached to the Minister for Planning and Infrastructure‟s landholdings Ausgrid: Supports the proposed zoning of its landholdings, except those identified later in this section of the report. Sydney Water: Supports the proposed zoning of its landholdings, except those identified later in this section of the report. Sydney Catchment Authority: Supports SP2 Infrastructure (Water Supply) over the Woronora Special Area and Dam, as well as the permissible uses in this zone. Fisheries NSW: Supports the proposed W1 Natural Waterways zone and W2 Recreational Waterways zones and the associated lists of permitted and prohibited development. It also notes that the proposed E1 National Parks and Nature Reserves zone provides good protection for the two aquatic reserves in the estuaries, but that Boat Harbour doesn‟t seem to have the same level of protection. (Boat Harbour Aquatic Reserve is located outside the LGA boundary, so does not form part of the land to which the DSSLEP2013 applies). Crown Lands: Supports the proposed zoning of commercial marinas as W2 Recreational Waterways and that Council has accommodated a range of allied boating facilities within this zone.
E4 Environmental Living
The Rural Fire Service submission notes the proposed use of the E4 zone. It provides advice that within this zone, consideration should be given to ensuring appropriate access is available to the lots. The submission also advises that where an increase in density or a special fire protection purpose development is permissible, roads should provide satisfactory level of service for evacuation. The RFS also notes that an adequate water supply will be needed to supply developments or areas with water for fire services.
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This advice is consistent with the approach adopted in the application of the E4 Environmental Living zone, which aims to limit an increase in density in the zone, and prohibit the development of any new special fire protection purposes development in the zone so as to ensure that there is a sufficient opportunity for evacuation from existing development.
No amendment to the DSSLEP2013 is required.
E2 Environmental Conservation
The submission from the Office of Environment and Heritage indicates its support for the application of E2 Environmental Conservation zone to protect areas of high environmental value, particularly areas currently zoned 7(b) Environmental Protection (Bushland) under SSLEP2000, some land zoned Zone 13 – Public Open Space and Zone 14 – Public Open Space (Bushland) and other land covered by Kurnell Peninsula SEPP.
The submission also expresses concerns about the subjectivity of terms e.g. „environmentally sensitive‟, „bushland of conservation value‟, natural bushland corridors‟ etc used to describe land proposed to be zoned E2. The submission recommends more details be provided on the criteria applied in translating these areas to the E2 zone. OEH has also expressed concern that the current protection of the areas of high environmental value achieve by current zoning may be lost if the RE1 Public Recreation zone is applied to this land.
This comment is assumed to relate to the explanation of the application of the land proposed to be zoned E2 in the Planning Proposal, particularly privately owned land. As explained in the Planning Proposal, Sutherland Shire has significant areas of privately owned land which is currently zoned 7(b) Environmental Protection (Bushland) under SSLEP2000. This land has had extremely limited development potential since the introduction of the County of Cumberland Planning Scheme Ordinance in 1951 due to its topographical constraints, and is subject to extreme bushfire risk and contains ecological communities of significance. This land was deferred from SSLEP2006, as at the time the Department of Planning and Infrastructure considered that the proposed environmental protection zoning in draft SSLEP2004 was too restrictive. The DP&I advised that "…excluding the land from LEP2006 will enable council to review the list of permissible uses, and identify any land which should be acquired for open space."
The Department of Planning & Industry has offered no sensible solution to how this land is best dealt with under the Standard Instrument. The sensible zone to apply is E2 Environmental Conservation as this best reflects the environmental significance of the land, the constraints to development and the existing objectives of the 7(b) Environmental Protection (Bushland) zone. It is not considered appropriate to apply the RE1 Public Recreation zone to the land as it does not provide the same level of environmental protection as at E2 zone, nor does Council have the funds to acquire this land.
The submission is noted.
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Permissibility of Aquaculture
The Fisheries NSW submission highlights that the State Environmental Planning Policy No 62 – Sustainable Aquaculture (SEPP 62) controls the permissibility of aquaculture. The submission advises Council, on behalf of Fisheries NSW and the Department of Planning and Infrastructure, not to list pond-based and tank based aquaculture or oyster aquaculture in the zoning tables as permissibility is governed by SEPP 62. Specifically, the submission requests the following amendments: Removal of „aquaculture‟ from the uses permitted with consent in the IN1 General Industrial Zone Removal of „aquaculture‟ from the uses permitted with consent in the IN4 Working Waterfront zone Inclusion of „aquaculture‟ as a use permissible with consent in suitable waterways zones so that natural water based aquaculture can be considered on a case by case basis, until SEPP 62 is amended to cover this type of aquaculture.
Aquaculture is listed as permissible with consent in the W1 Natural Waterways, W2 Recreational Waterways and E1 National Parks and Nature Reserves zones, so no action is required in relation to waterways zones.
The requests relating to the IN1 and IN4 zones are supported. No action is required in relation to the waterways zones.
ANSTO
ANSTO has made a submission to the DSSLEP indicating that although it is exempt from Council‟s approval process, it prefers to work with Council‟s planning guidelines. The submission states that in many cases the proposed zoning will not impact on ANSTOs future plans, the proposed zoning of a large portion of its land as RE1 Public Recreation is not appropriate as under the future development intentions of ANSTO, this site may not be available for public access or able to accommodate the full range of uses which are permissible in the zone. ANSTO requests an alternative zoning that will accommodate ANSTO‟s future development plans as envisaged in the ANSTO 2055 plan, including a technology park and education facilities. It submits that having the appropriate zone will become important as the existing waste land fill program draws to a close and smaller lease areas are returned to ANSTO for science and technology.
Most of the ANSTO land is proposed to be zoned SP1 Infrastructure (Research and Technology). There are a few parcels proposed to be zoned SP1 Infrastructure (Waste Recycling) and one parcel (Lot 101 DP 1009354) which is proposed to be zoned part SP1 Infrastructure (Waste Recycling) and part RE1 Public Recreation. This zoning is a straightforward transfer from the current zoning under SSLEP2006.
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DSSLEP2013 zoning
The concern raised is with Lot 101 DP1009354, which is located along Little Forest Road. Current activities on the site are related to the landfill, but as the facility fills, small lease areas will be returned to ANSTO. The ANSTO 2055 Plan envisages that this area will be a „major recreation or tourism development‟. The proposed RE1 Public Recreation zone accommodates a range of recreation uses e.g. recreation areas, recreation facilities (indoor), recreation facilities (outdoor). Whilst it is noted that ANSTO has indicated that these may not be available for public access, and the RE1 zone does not permit tourism development, it is the most appropriate of the Standard Instrument zones to apply to this publicly owned land. As noted in the submission, future development on the site is subject to Commonwealth legislation and would not be restricted by the proposed zoning.
No change to the proposed zoning is warranted.
Lot 1 DP 540392 plus part of adjacent lot to east
Railcorp has requested that this site and currently owned by Railcorp be rezoned to the adjoining R3 Medium Density Residential zone. The site is currently leased as a Scout Hall, and Railcorp is concerned that should this lease arrangement cease, that the authority may not be able to use or lease the property for any alternate use.
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Aerial Photo 2012 Zoning DSSLEP2013
The subject site is located in Miranda centre, on the southern side of the railway line, with commuter parking to the west. Access to the site is currently via the car park entry, but could be from Gibbs Street. It is a small site of approximately 600 m2, and narrow being only 12m in depth.
While the adjoining property to the east is zoned and developed for residential purposes, the location, configuration and dimensions of the subject land result in the site being impractical for residential development. The requested rezoning is therefore not appropriate.
The requested zoning of the land as R3 Medium Density Residential is not supported.
SP2 Infrastructure
Water Supply Infrastructure
Sydney Water has made a submission relating to the zoning of its assets. While Sydney Water can undertake its development and works under the State Environmental Planning Policy (Infrastructure) 2007, SP2 Infrastructure is the preferred zone for its critical water, wastewater and stormwater assets, as this zone will not create unrealistically high development expectations for current and future landowners and ensure that the dominant function of the land and Sydney Water assets are protected. The submission notes that operating and maintenance activities on Sydney Water‟s assets can be carried out on any land zoning under the Infrastructure SEPP.
The submission included a listing of Sydney Water‟s properties indicating the authority‟s with preferred zoning. A review of the Land Zoning Map has been undertaken, which has identified that the zoning of many properties is consistent with the request. However, amendment to the proposed zoning of some properties is necessary to align with Sydney Water‟s request, or to address zoning anomalies identified through the review of the submission. There are no significant implications associated with the rezoning of many of the properties. However, the requested zoning of some properties is not considered appropriate for others. The table below identified the changes to be made in response to the submission.
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Proposed rezoning of Sydney Water properties:
Property DSSLEP2013 zone Requested zone Description Lot 1 DP 559922 IN1 General Industrial SP2 – Infrastructure (Sewerage System) Lot 1 DP 545363 SP2 Infrastructure Adopt surrounding land zoning (Water Supply (W1 Natural Waterways) System) Lot 5 DP 842946 SP2 Infrastructure Adopt surrounding land zoning (Water Supply (RE1 Public Recreation) System) Lot 876 DP 243686 SP2 Infrastructure Adopt surrounding land zoning (Water Supply (E3 Environmental Management) System) Lot 51 DP 713983 SP2 Infrastructure Adopt surrounding land zoning (Telecommunications) (E2 Environmental Conservation) Lot 34 DP 238109 SP2 Infrastructure Adopt surrounding land zoning (Water Supply (E4 Environmental Living) System) Lot 1 DP 586904 SP2 Infrastructure Adopt surrounding land zoning (Water Supply (E4 Environmental Living) System) Lot 1 DP 814764 SP2 Infrastructure Adopt surrounding land zoning (Water Supply (E3 Environmental Management) System) Lot 1 DP 592373 E3 Environmental SP2 – Infrastructure (Water Supply) Management Lot 1 DP 502629 SP2 Infrastructure Adopt surrounding land zoning (Water Supply (E2 Environmental Conservation) System) Lot 7324 DP SP2 Infrastructure Adopt surrounding land zoning 1160255 (Water Supply (E2 Environmental Conservation) System) Lot 1 DP 711128/ SP2 Infrastructure Adopt surrounding land zoning Lot 7333 DP (Water Supply (E2 Environmental Conservation) 1159188 System) Lot 1 DP 592373 E4 Environmental SP2 – Infrastructure (Sydney Water Living Maintenance Depot) Lot 2 DP 1037852 IN2 Light Industrial SP2 – Infrastructure (Sydney Water Maintenance Depot) Lot 1 DP 574836 E4 Environmental Adopt surrounding land zoning Living (E3 Environmental Management) Lot 1 DP 551410 W1 Natural Adopt surrounding land zoning Waterways (E4 Environmental Living) Lot 66 DP 220629 B1 Neighbourhood Adopt surrounding land zoning Centre (R2 Low Density Residential) Lot 1 DP 1049533 RE1 Public Adopt surrounding land zoning Recreation (B1 Neighbourhood Centre) Lot 1 DP 805941 RE1 Public Adopt surrounding land zoning Recreation (RE1 Public Recreation) Lot 1 DP 588294 SP2 Infrastructure Adopt surrounding land zoning (Telecommunications) Comment:
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The surrounding zone is E1 National Parks and Nature Reserves. This zone cannot be applied, as the land does not form part of the National Parks Estate. Should be zoned SP2 Infrastructure (Sewerage System) Lot 1 DP 630540 E1 National Parks and Adopt surrounding land zoning Nature Reserves Comment: The surrounding zone is E1 National Parks and Nature Reserves. This zone cannot be applied, as the land does not form part of the National Parks Estate. Should be zoned E4 Environmental Living, same as adjacent residential zone. Lot 1 DP 828667 SP2 Infrastructure Adopt surrounding land zoning (Electricity Comment: Transmission) The surrounding zone is E1 National Parks and Nature Reserves. This zone cannot be applied, as the land does not form part of the National Parks Estate. Should be zoned SP2 Infrastructure (Sewerage System) Lot 114 DP 260718 SP2 Infrastructure Adopt surrounding land zoning (Water Supply Comment: System) The surrounding zone is RE1 Public Recreation. This zone cannot be applied as the land has not been reserved for public purposes. Zone SP2 Infrastructure (Sewerage System) Lot 1 DP 567019 RE1 Public Adopt surrounding land zoning Recreation Comment: The surrounding zone is E1 National Parks and Nature Reserves. This zone cannot be applied, as the land does not form part of the National Parks Estate. Should be zoned SP2 Infrastructure (Sewerage System) Lot 23 DP 223839 RE1 Public Adopt surrounding land zoning Recreation. Comment: The lot is in Council ownership as a public reserve. The existing zone is therefore appropriate and is to be maintained.
These requested changes are generally supported, except as indicated above.
The submission also indicates that some changes are required to the labelling of SP2 Infrastructure to delineate between facility types. These are typographic changes to be reflected on the Zoning maps. These requested changes are supported.
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Electricity Supply Infrastructure
A submission made on behalf of Ausgrid has requested changes to Ausgrid properties to ensure the future of major infrastructure sites which are to be operated by Ausgrid for electricity distribution purposes for the long term. The submission included a listing of Ausgrid‟s main infrastructure sites indicating the preferred zoning for these sites. A review of the Land Zoning Map has been undertaken, which has identified that the zoning of many properties is consistent with the request. However, amendment to the proposed zoning of some properties is necessary to align with the request and to address an identified zoning anomaly. There are no significant implications associated with these rezonings, which are identified in the table below.
Proposed rezoning of Ausgrid sites:
Property DSSLEP2013 Requested zone Description zone Lot 7 DP 801 IN1 General SP2 Infrastructure (Electricity Industrial Transmission) Lot 30 DP 752033 E2 Environmental SP2 Infrastructure (Electricity Conservation Transmission) Lot 38 DP 752033 E2 Environmental SP2 Infrastructure (Electricity Conservation Transmission) Lot 50 DP 1063535 SP2 Infrastructure B5 Business Development (Electricity Comment: The surrounding Transmission) „employment‟ zone has been converted to B6 Enterprise Corridor, and it is appropriate that the B6 zone be applied to this lot to maintain consistency. This property has also been identified by RMS for acquisition, with a requested zoning of SP2 Infrastructure (Classified Road). The LEP directions relating to acquisitions, indicates that property should be zoned to reflect its future intended purpose. This lot should therefore be zoned as per the RMS request.
The requested changes are supported, except for Lot 50 DP 106535 which should be zoned SP2 Infrastructure (Classified Road).
Defence Infrastructure
The Department of Defence has made a submission as encroachment on Defence sites by incompatible surrounding land uses is becoming a significant issue for the Department of Defence. In its submission the Department requests that there be prudent consideration of land uses in the vicinity of Defence facilities to minimise land use conflicts. The submission requests that all Defence land be zoned SP2 Infrastructure (Defence), as this reflects
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Specifically, the submission requests the rezoning of the following land to SP2 Infrastructure (Defence): Lot 1 DP 610116 (east of Liverpool Military Area) (south of ANSTO), proposed to be zoned E2 Environmental Conservation Lot 1 DP89843 (Sutherland Multi-user Depot on Rawson Parade Sutherland), proposed to be zoned R2 Low Density Residential.
The submission argues that the requested zoning will clearly distinguish the planning and management of the land and may mitigate against any potential misunderstandings in the public‟s perception of the future strategic objectives for the land.
No objection is raised to the requested rezoning of Lot 1 DP 610116 to SP2 Infrastructure (Defence), as this is Commonwealth land, and immediately adjacent to the Defence land east of Liverpool Military Area.
The Sutherland Multi-user Depot on Rawson Parade, Sutherland has been proposed to be zoned R2 Low Density Residential. This is consistent with the proposed zoning of the remainder of the precinct between Rawson Parade and the railway line. Zoning this land SP2 Infrastructure (Defence) is not considered appropriate given the location within a built up urban area, and the likely long-term future of the Sutherland Centre. The R2 zoning, however, does not preclude the Department of Defence from undertaking defence- related activities and development on the site as these would be approved under Commonwealth legislation. No change to the exhibited zoning is warranted.
The submission also notes that Heathcote Ridge is marked as proposed to be deferred from the plan. The Department of Defence advises that it has previously raised concerns about the potential development of noise sensitive land uses on this land in proximity to a working military base, and a submission has been made to the Department of Planning and Infrastructure in relation to the proposals for this land raising concerns relating to local road infrastructure, safety, aircraft noise and bushfire risk. The submission is noted.
Road Infrastructure
The Roads and Maritime Service (RMS) has made a submission advising that a number of road sections are not classified roads, and thus requesting that these are not zoned SP2 Infrastructure (Classified Road). The identified road sections are: All of Captain Cook Drive east of Gannons Road (to Kurnell) All of Gannons Road between Kingsway, Caringbah and Captain Cook Drive, Caringbah All of President Avenue between Acacia Road, Kirrawee and Kingsway, Caringbah
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All of Bates Drive, Kareela All of Menai Road below the Woronora Bridge, Woronora The former alignment of New Illawarra Road between Lawson Place, Barden Ridge and Broughton Place, Barden Ridge
As roads must be zoned in the DSSLEP2013, these road sections should be zoned the same as the adjoining zone (s). In some instances, this may mean that the road has multiple zones.
The submission also identified a number of areas where boundary adjustments are required to roads zoned SP2 Infrastructure (Classified Road). The specifics of these are detailed in Table Z.
Boundary adjustments along SP2 Infrastructure (Classified Road):
Location Properties affected Zone to be applied Southern boundary of Lot 100 DP 1133183 E4 Environmental Living Bangor Bypass Lot 2 DP 221630 E2 Environmental Conservation Lot 10 DP 1045750 E2 Environmental Conservation Southern boundary of Lot 4 DP 547309 E3 Environmental Bangor Bypass Management Lots 4 and 5 DP 1048736 E3 Environmental Management Lot 1301 DP 1001569 E3 Environmental Management Lot 1292 DP 1022923 E3 Environmental Management Lot A DP 414303 E3 Environmental Management Northern boundary of Lots 1 and 2 DP 1047691 R2 Low Density Bangor Bypass Residential Lots 50 and 51 DP R2 Low Density 1170531 Residential Bangor Bypass Southeastern corner of R2 Low Density intersection of Bangor Residential Bypass and New Illawarra Road Southern boundary of Lot 1 DP 947527 and R2 Low Density Kingsway between Dolans adjacent road Residential Road and Church Street, Woolooware Eastern side of Princes Lot 3 DP 874362 R2 Low Density Highway, Sutherland Residential Lot 20 DP 246840 RE1 Public Recreation Alfords Point Road Lot 29 DP 260907 E4 Environmental Living Lot 4 DP 627142 E4 Environmental Living Lot 10 DP 822356 E4 Environmental Living Lots 38, 39, 44 and 45 DP E4 Environmental Living 831159 Lots 16 and 17 DP 831158 E4 Environmental Living
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Lot 13 DP 831160 E4 Environmental Living Part Lot 2 DP 854796 E4 Environmental Living Lots 12 and 14 DP 831160 E4 Environmental Living
These changes to road boundaries are supported as they „tidy up‟ the road boundaries, particularly where road works have been completed e.g. Bangor Bypass, New Illawarra Road.
The submission also requested that identified land be zoned SP2 Infrastructure (Classified Road) as this land is identified for acquisition by RMS. This land includes properties which can be identified by legal description (Lot and DP) and other land which is only identifiable by map. In general, the request is supported as it will refine the mapping and ensure alignment between public authorities and reflect the long-term intentions for the land.
The information provided in support of the submission also indicates that changes are required to the extent of land zoned SP2 Infrastructure (Transport Reservation) between Kingsway, Miranda and Forest Road, Gymea and in the vicinity of Bowral Ave/ Port Hacking Road intersection. This discrepancy has also been raised in a submission received in relation to land at 21 Pinnacle Street, Miranda.
The land zoned SP2 Infrastructure (Transport Reservation) is a straightforward transfer from the land zoned Zone 24 Transport Reservation under SSLEP2006. Investigation into this discrepancy by officers has identified that this transfer has carried forward an error in SSLEP2006. As the zoning is indicative of the land identified by the RMS for acquisition for the F6 corridor, the zoning should reflect the actual extent of the land identified for the F6 corridor by the RMS. These changes will also have implications for the Land Reservations Acquisition Map.
There are implications of this for privately owned parcels. 16 properties will have increased areas zoned as SP2 Infrastructure (Transport Reservation). 1 property will become fully zoned SP2 Infrastructure (Transport Reservation) 28 properties will have decreased areas zoned as SP2 Infrastructure (Transport Reservation), 5 properties will have the SP2 Infrastructure (Transport Reservation) zone removed from the property
The implications of this are that those properties which are no longer part zoned, or have reduced areas zoned SP2 will have greater opportunities for future development, whereas those which have increase area zoned SP2 or are fully zoned SP2, will have decreased future development opportunities.
The submission also indicates that some changes are required to the labelling of SP2 Infrastructure to delineate between the different types of road. These
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Properties along Old Illawarra Road, Illawong (Lot 17 DP 831158, Part Lot 2 DP 854796, Lots 38, 39, 44 and 45 DP 831159)
The Office of Strategic Lands has advised that the above land is owned by the Minister administering the Environmental Planning and Assessment Act 1979. It was acquired for arterial road needs, but no longer required for this purpose. The submission requests that the proposed SP2 Classified Road zoning be changed to E4 Environmental Living - the adjoining zone.
The submission notes that the current use of the land is as a tomato farm and associated cottages, and therefore presents no constraint to more appropriate zoning.
The land is located between Old Illawarra Road and Alfords Point Road. Access is only possible from Old Illawarra Road. The land is relatively flat and is bush fire prone. Surrounding land is zoned E4 Environmental Living. As the properties can be developed for residential purposes, in light of the bush fire environmental constraints the E4 Environmental Living is appropriate.
National Parks Estate
The Office of Environment and Heritage notes part of the Heathcote National Park are proposed to be zoned E2, E4 and SP2, and requests that the E1 National Parks and Nature Reserves zone be applied to all land which forms part of the national parks estate. It also notes that the E1 National Parks and Nature Reserves zoning is proposed for some areas which are not part of the national parks estate. It requests that roads and any other land that is not part of the national parks estate should not be zoned E1. OEH also requests that land is only shown as National Park E1 with the written approval of OEH.
Council officers have reviewed the extent of the national parks estate and compared this with the proposed E1 National Parks and Nature Reserves zone. The review has also identified land which forms part of the National Parks Estate, but which is not proposed to be zoned E1 National Parks and Nature Reserves. The zoning of this land should be E1 National Parks and Nature Reserves. This land is identified in Table the table below.
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Land to be rezoned E1 National Parks and Nature Reserves:
Property Description Exhibited zone Georges River National Park Lot 1 DP 1144925 E2 Environmental Conservation Heathcote National Park Part Lot 1 DP 833562 (northern end of E4 Environmental Living Warabin Street) Lake Talooma E2 Environmental Conservation Heathcote National Park adjacent to E2 Environmental Conservation Heathcote Road, north of Forum Dr Part Lot 353 MP144 E2 Environmental Conservation Part Lot 7326 DP 1160255 E2 Environmental Conservation Part Lot 7328 DP 1160255 E2 Environmental Conservation Royal National Park Road boundaries along McKell Avenue SP2 Classified Road south of Waterfall Station
This comparison has highlighted that Shiprock Aquatic Reserve and Towra Point Aquatic Reserve are not identified on the National Park Estate mapping, although they are declared aquatic reserves. It is considered that the E1 National Parks and Nature Reserves zone is appropriate for these reserves and no change to the zoning is considered necessary.
The analysis has identified that there are roads which are proposed to be zoned E1 National Parks and Nature Reserves within the Royal National Park, Heathcote National Park and Towra Point Nature Reserve. While the Office of Environment and Heritage has requested that these not be zoned E1 National Park and Nature Reserves as they are not part of the National Parks Estate, the Practice Note PN10-001 Zoning Infrastructure in LEPs, issued by the Department of Planning and Infrastructure, directs that roads (other than classified roads, freeways, tollroads, transitways, highways and major roads) should be zoned in accordance with the adjoining zone. Consequently, roads within the national parks have been zoned E1. It is proposed that no change be made to this proposed zoning.
The review has identified land which is proposed to be zoned E1 National Parks and Nature Reserves, but which does not form part of the National Parks Estate, and consideration should therefore be given to assigning another zone to the land. These include areas such as those identified in the submission (e.g. near Forum Drive, Eckersley, Mirang and Gobarra Road in Heathcote, land adjoining Botany Bay National Park at Boat Harbour) which have been proposed to be zoned E1 National Parks and Nature Reserves, but which do not form part of the national parks estate. These have been further investigated, and the table below outlines the proposed response in relation to these areas.
Proposed Amendment to land exhibited as E1 National Parks and Nature Reserves:
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Property Description Proposed Zone Comment Lot 7062 DP 1123911 E2 Environmental The land is currently zoned 8(a) Conservation National Parks and Reserves under SEPP (Kurnell Peninsula) 1989 Lot 7333 DP 1162374 E2 Environmental The land is currently zoned 8(a) Conservation National Parks and Reserves under SEPP (Kurnell Peninsula) 1989 Land below the MHWM at Unzoned as land is Wattamolla below MHWM Lot 15 DP 246801 E2 Environmental Conservation Road boundary along McKell SP2 Classified Avenue south of Waterfall Road Station Lot 1 DP 630540 and end of E4 Environmental Consistent with zoning request Bottle Forest Road Living from Sydney Water Lot 72 DP 707457 E2 Environmental Conservation Lot 7406 DP 1180703 E2 Environmental Conservation Lot 1 DP 1181181 E2 Environmental Conservation Lot 7334 DP 11591881 E2 Environmental Conservation (part) SP2 Infrastructure (Classified Road) Part Lot 7324 DP 1160255 E2 Environmental Conservation Part Lot 7325 DP 1160255 E2 Environmental Conservation Part Lot 7328 DP 1160255 E2 Environmental Conservation
There are also areas where minor boundary adjustments to the zoning boundary should be made to ensure alignment between the proposed E1 zone and the extent of the National Parks Estate.
RMS land on Woolooware Bay (Part Lot 3 DP 1165618)
The Roads and Maritime Service have made a submission in support of representations from the marine contractor who is the former occupier of RMS land on Woolooware Bay near Captain Cook Drive (Part Lot 3 DP 1165618).
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The submission requests that the land be zoned IN4 Working Waterfront and that the land use table for the IN4 Working Waterfront zone be amended to include „Marine operation base‟ and „boatsheds‟ as uses permitted with consent. The justification given for these requests is that there are limited working waterfront sites in the Shire, and that the subject site is ideal for this type of activity, subject to environmental controls.
The subject land is proposed to be zoned E1 National Parks and Nature Reserves as the land is within the Towra Point Aquatic Reserve. The aquatic reserve was declared to protect seagrasses, mangroves and marine animals, and together with the Towra Point Nature Reserve, form the Towra International Wetlands. These wetlands are the largest and most botanically diverse remaining estuarine wetland complex in the Sydney region.
The site is currently zoned 7(a) Waterways under State Environmental Planning Policy (Kurnell Peninsula) 1989. The objectives of the zone are to protect and enhance the aquatic environment, protect and conserve significant wetland areas and maintain the viability of the oyster, prawn and fishing industries. Permissible uses within the zone include oyster farming, moorings, aquaculture and maintenance dredging. These uses do not include the maritime-related uses that were previously undertaken on the site.
The site has previously been occupied by a marine contractor, with the northern section utilised for aquaculture (Drake‟s Oysters). It is understood that the site has previously been used for the storing of materials related to sea wall construction prior to their shipment by barge to a construction site, or other uses. Access to a navigable waterway is essential for this activity. The
Public Authority Submissions Page | 16 site has water access to Woolooware Bay, and has been disturbed and developed for marine-related activities. The mangroves adjacent to the site are well established, healthy and have shown the ability to adapt to the activities that have previously been undertaken on the site.
Parts of Woolooware Bay are identified as priority oyster aquaculture area, including the northern area of the site, thus making oyster aquaculture permissible under SEPP 62 – Sustainable Aquaculture. Aquaculture is also a use permissible with consent in the E1 zone.
The IN4 Working Waterways zone is proposed on the western side of Woolooware Bay. Although the subject site is not an ideal site for rezoning to IN4 Working Waterfront, it is acknowledged that the site has previously been used for marine related activities. However, the site is located within Towra Point Aquatic Reserve. Fisheries NSW submission on the Draft LEP notes that the „zoning overlays seem to allow good protection of the two Aquatic Reserves within the estuaries‟, and state that riparian buffer zones need to be maximised adjacent to Aquatic Reserves. Therefore it is not appropriate to rezone the site to facilitate the intended use.
The submission requests that „Marine Operation Base‟ and „boatsheds‟ be added to the IN4 Working Waterfront Land Use table. This request is specifically associated with the requested rezoning of the site. As the requested rezoning is not supported, these requested amendments to the land use table are not further pursued.
Education Establishments
The Department of Education and Communities has made a submission requesting that: Education Establishments be permissible on all land on which schools are located That the location of proposed schools be appropriately zoned under the Infrastructure SEPP.
The State Environmental Planning Policy (Infrastructure) 2008 makes educational establishments permissible in all the residential and business zones, as well as the SP2 Infrastructure and E4 Environmental Living zones. Most schools in the Shire, as well as the likely location of any future schools, are located in these zones. There are schools located in the E3 zone, where schools are not listed as either permissible in the land use table or through the SEPP. These are identified in Schedule 1: Additional Permissible Uses. The request of the Department has therefore been met in the exhibited draft plan.
The Department has also requested that broader facilities such as community and recreational uses be allowed under the term „Education establishment‟ to better equip schools in meeting the needs of the community, and allow them to provide a broader role in local communities in the future.
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Although Council supports the concept of schools providing broader facilities to meet the needs of the community, Council is required to work within the definitions provided by the Standard Instrument. This defines educational facilities as: “a building or place used for education (including teaching), being: (a) a school, or (b) a tertiary institution, including a university or a TAFE establishment, that provides formal education and is constituted by or under an Act.”
This definition does not include broader facilities. However, where such facilities are developed ancillary to, and incidental to, the educational use, they would be permissible. Adding community facilities and recreation facilities to the land use tables to allow these uses to be permissible in the zone(s) would make these uses generally permissible in the zone, so undermining the strategic intent of the zones. It is more appropriate that where individual schools wish to consider the provision of these facilities for community use, these be considered on a case-by-case basis. The submission is noted but no change to the draft plan is recommended.
Crown land in the vicinity of the former Industrial Waste Collection Site at Lucas Heights in Little Forest Road
Crown Lands have made a submission advising that Lot 249 DP752034, the Crown road between Lot 249 and the IWC site, and Mill Creek, to a tributary to which both Crown lands drain may also be contaminated. The submission also advises that other Crown lands e.g. Lot 22 DP 818821 has been stripped of surface material. The submission states that it is unclear whether the Crown lands have been remediated in conjunction with works on the IWC site and suggests that the E2 Environmental Conservation zone may be relevant post-rehabilitation, but that it is unclear whether the natural attributes of the land can be restored.
Council‟s records indicate that quarrying (Harrington‟s Quarry) and a solid industrial waste depot have been previous uses on both Lot 249 DP 752034 and Lot 22 DP 818821. Both of these activities have been determined to be Potentially Contaminating Activities under SEPP 55 - Remediation of Land and associated guidelines. Council currently doesn't have any information regarding the contamination status of these two parcels of land.
These two lots, and the adjoining Crown land, are currently zoned 1(b) Rural (Future Urban) under SSLEP2000. A Standard Instrument rural zone is not appropriate for this site, and due to the potential contamination, inherent site constraints and isolated location, a residential zone is also not appropriate for this land. No change to the proposed E2 Environmental Conservation zone is justified.
Rawson Ave Development Site, Sutherland
Crown Lands have made a submission regarding Lots 1051, 1086 and 1120 DP 752064 (874-876 Old Princes Highway, Sutherland). The submission
Public Authority Submissions Page | 18 notes that the sites are held under perpetual Lease by the RSL State Branch, which is seeking to purchase the site for a mixed use development. The submission suggests that a simple transfer of the current Zone 15 – Private Recreation to RE2 Private Recreation is not appropriate, given the future proposals for the site. Crown lands suggests that a residential zone by supplemented by the listing of an additional permissible use „educational establishments‟ in Schedule 1 provides a more contemporary indication of the likely future use of the land.
The future of this site is the subject of detailed discussion elsewhere in the report. No change is recommended.
RE1 Public Recreation Zone
The Crown Lands‟ submission highlights that the following uses are not permitted on land reserved for public recreation under Part 5 of the Crown Lands Act 1989: car parks, child care centres, emergency services facilities, passenger transport facilities and respite day care centres. The submission notes that where circumstances warrant, Crown Lands will consider adding to the purpose/s for which such lands are reserved; however, its primary objective is to ensure that land reserved for public recreation is not compromised by these types of development.
The permissibility of „childcare centres‟ and „respite day care centres‟ in the RE1 Public Recreation Zone is considered elsewhere in the report, and it is recommended that these uses be removed from the zone.
State Environmental Planning Policy (Infrastructure) 2008 makes provision for emergency services facilities to be undertaken with consent in the zone. The SEPP also makes provision for car parks to be developed by or on behalf of council without consent on public reserves under the control or, or vested in, Council. It is therefore considered that emergency services and car parks can be removed from the land use table.
Crown Land can add to the purposes for which land is reserved for public recreation. As there would be few instances where passenger transport facilities would be proposed on land zoned RE1 Public Recreation, this use should be retained in the land use table, and changes to the land reservation purpose considered for the specific circumstance, if required.
RE2 Private Recreation Zone
Crown Lands has made a submission stating that a RE2 Private Recreation zone is inappropriate for Crown land held under commercial leases or licences, as the objectives of the zone do not reflect commercial nature of tenured Crown reserves and the term „private recreation‟ the does not adequately describe the actual land uses on the land. Crown Lands requests that if no alternative zoning is considered relevant to the land, then „shops‟ and „food and drink premises‟ should be added to uses permissible with consent.
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There are only 4 lots to which this comment applies, three of which are part of the Rawson Avenue Development Site and considered elsewhere. The remaining relevant property is the site of the Woronora RSL. „Registered club‟, „restaurants or cafes‟ and „kiosks‟ are permissible uses in the zone. These uses provide a range of uses on the site. It is not considered appropriate to broadly expand land uses in the zone to include the requested uses.
Woronora Cemetery
Crown Lands has indicated its support for the submission made by the Woronora Cemetery and Crematorium regarding the proposed expansion of the cemetery, broadening the range of permissible uses on site and the interpretation of „earthworks‟ in the written instrument.
This position is noted. A detailed analysis of the future of the site is provided elsewhere in the report.
Cross Boundary Zoning Discrepancies
The Wollongong City Council submission highlights discrepancies between the zones applied to land which straddles the boundary between the two councils; however, the submission does not request any change to the proposed zones.
Sydney Catchment Woronora Dam: Zoned SP2 Infrastructure (Water Supply System) for the dams and infrastructure and E2 Environmental Conservation for the remainder in the Wollongong LEP, consistent with advice from the Sydney Catchment Authority. All of this land is proposed to be zoned SP2 Infrastructure (Water Supply) in DSSLEP2013.
Land owned and used by Scout Association: Zoned RE2 Private Recreation in the Wollongong LEP, and proposed to be zoned RE1 Public Recreation in DSSLEP2013.
Road zoned SP2 Road and RU2 Rural Landscape in the Wollongong LEP, and proposed to be zoned RE1 Public Recreation in DSSLEP2013: This relates to part Lot 7320 DP 1161726. The submission received from RMS has requested that this land be zoned SP2 Classified Road. Responding to the RMS request will resolve this discrepancy.
Consolidated Response to Submissions relating to Zoning
It is recommended that:
1. The following land be rezoned E1 National Parks and Nature Reserves a. Lot 1 DP 1144925 b. Part Lot 1 DP 833562 (northern end of Warabin Street)
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c. Lake Talooma, Heathcote National Park d. Heathcote National Park adjacent to Heathcote Road, north of Forum Dr e. Part Lot 353 MP144 f. Part Lot 7326 DP 1160255 g. Part Lot 7328 DP 1160255 h. Royal National Park - Road boundaries along McKell Avenue south of Waterfall Station
2. The E1 National Parks and Nature Reserves zone be retained on Shiprock Aquatic Reserve and Towra Point Aquatic Reserve.
3. The E1 National Parks and Nature Reserves zone be retained on roads within the Royal National Park, Heathcote National Park and Towra Point Nature Reserve.
4. Minor zoning boundary adjustments be made where necessary to ensure alignment between the proposed E1 zone and the extent of the National Parks Estate.
5. The following land be rezoned E2 Environmental Conservation: a. Lot 7062 DP 1123911 b. Lot 7333 DP 1162374 c. Lot 15 DP 246801 d. Lot 72 DP 707457 e. Lot 7406 DP 1180703 f. Lot 1 DP 1181181 g. Lot 7334 DP 11591881(part) h. Lot 51 DP 713983 i. Lot 1 DP 502629 j. Lot 7324 DP 1160255 k. Lot 1 DP 711128 (also known as Lot 7333 DP 1159188) l. Lot 2 DP 221630 (part) m. Lot 10 DP 1045750 (part)
6. The following land be rezoned E3 Environmental Management: a. Lot 876 DP 243686 b. Lot 1 DP 814764 c. Lot 1 DP 574836 d. Lot 4 DP 547309 (part) e. Lots 4 and 5 DP 1048736 (part) f. Lot 1301 DP 1001569 (part) g. Lot 1292 DP 1022923 (part) h. Lot A DP 414303 (part)
7. The following land be rezoned E4 Environmental Living: a. Lot 17 DP 831158, b. Part Lot 2 DP 854796, c. Lots 38, 39, 44 and 45 DP 831159 d. Lot 1 DP 630540 and end of Bottle Forest Road
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e. Lot 34 DP 238109 f. Lot 1 DP 586904 g. Lot 1 DP 551410 h. Lot 1 DP 630540 i. Lot 100 DP 1133183 (part) j. Lot 29 DP 260907 (part) k. Lot 4 DP 627142 (part) l. Lot 10 DP 822356 (part) m. Lots 38, 39, 44 and 45 DP 831159 (part) n. Lots 16 and 17 DP 831158 (part) o. Lot 13 DP 831160 (part) p. Part Lot 2 DP 854796 q. Lots 12 and 14 DP 831160 (part)
8. That the following land be unzoned: a. Land below the MHWM at Wattamolla
9. That the following land be rezoned SP2 Infrastructure (Classified Road): a. Road boundary along McKell Avenue south of Waterfall Station b. Lot 7334 DP 11591881 (part)
10. That the following land be rezoned SP2 Infrastructure (Sewerage System): a. Lot 1 DP 559922 b. Lot 1 DP 588294 c. Lot 1 DP 828667 d. Lot 114 DP 260718 e. Lot 1 DP 567019
11. That the following land be rezoned SP2 Infrastructure (Water Supply): a. Lot 1 DP 592373
12. That the following land be rezoned SP2 Infrastructure (Sydney Water Maintenance Depot): a. Lot 1 DP 592373 b. Lot 2 DP 1037852
13. That the following land be rezoned SP2 Infrastructure (Electricity Transmission): a. Lot 7 DP 801 b. Lot 30 DP 752033 c. Lot 38 DP 752033
14. That the following land be rezoned SP2 Infrastructure (Defence): a. Lot 1 DP 610116
15. That the necessary typographic changes to the SP2 Infrastructure zone be made on the Zoning Maps to delineate between different facility types.
16. That the following road sections be rezoned from SP2 Infrastructure (classified Road) to the adjoining zone (s):
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All of Captain Cook Drive east of Gannons Road (to Kurnell) All of Gannons Road between Kingsway, Caringbah and Captain Cook Drive, Caringbah All of President Avenue between Acacia Road, Kirrawee and Kingsway, That Caringbah All of Bates Drive, Kareela All of Menai Road below the Woronora Bridge, Woronora The former alignment of New Illawarra Road between Lawson Place, Barden Ridge and Broughton Place, Barden Ridge
17. That the necessary changes to the Zoning Map and the Land Reservation Acquisition Map be made to reflect the land identified for acquisition by the RMS.
18. That the following land be rezoned W1 Natural Waterways: a. Lot 1 DP 545363
19. That the following land be rezoned RE1 Public Recreation: a. Lot 5 DP 842946 b. Lot 20 DP 246840 (part) c. Lot 1 DP 805941
20. That the following land be rezoned R2 Low Density Residential: a. Lot 66 DP 220629 b. Lots 1 and 2 DP 1047691 (part) c. Lots 50 and 51 DP 1170531 (part) d. Southeastern corner of intersection of Bangor Bypass and New Illawarra Road e. Lot 1 DP 947527 (part) and adjacent road f. Lot 3 DP 874362 (part)
21. That the following land be rezoned B1 Neighbourhood Centre: a. Lot 1 DP 1049533
22. That the following uses be removed from the uses permissible with consent in the RE1 Public Recreation zone: car parks, child care centres, emergency services facilities and respite day care centres.
23. That „aquaculture‟ be removed from the uses permitted with consent in the IN1 General Industrial Zone
24. That „aquaculture‟ be removed from the uses permitted with consent in the IN4 Working Waterfront zone
Development Controls
In respect of the proposed development controls, the Housing and Property Group (part of NSW Finance and Services) expressed support for the proposed increase in FSR in the R3 Medium Density zone in Caringbah and Gymea.
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Three requests have been made for changes to the proposed development controls.
NSW Land and Housing Corporation (LAHC) property at Sylvania, surrounded by Port Hacking Road, Pembroke Street and Florida Street.
The Housing and Property Group (NSW Finance and Services) supports the proposed additional height to 16m for this site, while requesting an increase in FSR from the proposed 1:1 to 1.6:1. It is argued that this change will allow NSW Land and Housing Corporation (LAHC) to meet the Housing Strategy goals of incorporating Seniors Living or Aged care and private housing within the site.
This site was investigated as part of the preparation of the Housing Strategy, and a recommendation for an increase in FSR to 2:1 was not supported by council.
LAHC has investigated redevelopment opportunities for the site as the existing dwellings are displaying signs of structural and functional obsolescence, with increased on-going maintenance costs. Housing NSW is considering a partnership with private developers to redevelop the site to provide a mix of private, affordable and public housing.
Housing NSW have produces several concept plans for the site indicating a development comprising 1, 2 and 3 bedroom residential apartments and facilities for Seniors Living and Aged Care. These would be in 3,4 and 5 storey buildings across the site. In total, it is anticipated that these plans would yield a total of 349 dwellings on site (compared with the current 83).
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The potential FSR yielded by these plans is 1.6:1, which is what is being requested.
Although Southgate is not on the railway line, the site is on Port Hacking Road and Princes Highway with major bus routes providing public transport connections to Hurstville, Sutherland and Miranda, as well as being proximity to the large retail centre of Southgate. Redevelopment of the site would provide an opportunity for improved urban design and social outcomes on the site. Redevelopment to include aged care could have a significant public benefit in meeting the increasing aged care need of lower income members of the Sutherland Shire community in a convenient location.
It is considered appropriate that the FSR on the site be increased to 1.6:1 in line with the agency request.
Height and FSR on School sites
The Department of Education and Communities has requested that school sites do not have a maximum height and FSR specified on the Floor Space Ratio and Height of Building Maps.
SSLEP2006 zones school sites as Zone 12 – Special Uses (Education Facilities), with a default height of 2 storeys (7.2m to ceiling and 9m overall) (clause 33(4)). In accordance with the Department of Planning‟s directive, the special use zone, where appropriate, has been transferred to the surrounding adjacent zone. All these sites now take the FSR and height limit applied to surrounding development. This is considered appropriate as the height and FSR sets the built form for the location, and would apply if the sites are not developed for educational establishments.
It is recognised that the Department of Education and Communities may wish to undertake development on the school sites. For sites in the residential and commercial zones, which are identified as „prescribed zones‟ under the SEPP (Infrastructure) 2008, development and expansion of educational facilities can be undertaken as complying development, if the proposed development meets the complying development requirements. These requirements set a 12m maximum building height, but do not set a maximum FSR. Development on school sites could therefore be undertaken to a height and FSR greater than that specified in the DSLEP2013.
The height and FSR specified in the DSLEP2013 will apply to the land, irrespective of the landowner. Consequently, should surplus land from school sites be sold, there is certainty regarding the FSR and maximum building height applicable.
It is appropriate that the FSR and the maximum height specified on the Floor Space Ratio and Height of Building Maps be maintained.
Height and FSR adjacent to School sites
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The Department of Education and Communities has indicated a preference for the building height on sites immediately adjacent to schools to be no more than four storeys to lessen the overshadowing impacts on schools. It has also requested that to protect children from unwanted visual observation, buildings exceeding 4 storeys should include privacy measures e.g. balcony louvers should be specified as a requirement in the DCP.
This comment only really affects schools in the business zones and high density residential zones where the building heights would permit development adjacent to schools at heights greater than four storeys. While the concerns raised are valid concerns, these are issues best addressed during the assessment of specific development applications for development adjacent to schools and through provisions to be contained in the DCP to compliment the DSSLEP2013.
The submission is noted. No change to the Floor Space Ratio and Height of Building Maps is required.
Minimum Lot Size in Zone E2 Environmental Conservation
Crown Lands have highlighted that reconsideration of minimum lot size may be necessary when E2 land is rezoned for redevelopment. The submission further notes that Crown Lands has consistently required that Asset Protection Zones for bushfire protection are incorporated in any development proposals on fire prone land.
Land proposed to be zoned E2 Environmental Conservation in DSSLEP2013 is land that has high ecological, scenic, scientific or cultural values or is generally unsuitable for development. It is, therefore, unlikely that much of this land will be rezoned for future development. However, should any rezoning occur, as most of this land is bush fire prone land, the requirements for the establishment of Asset Protection Zone will be required to be met before any development could be approved.
The submission is noted.
Consolidated Response to Submissions relating to Development Controls
It is recommended that:
1. The FSR on the NSW Land and Housing Corporation (LAHC) property at Sylvania, surrounded by Port Hacking Road, Pembroke Street and Florida Street be increased to 1.6:1.
Heritage
The Heritage Office notes that DSSLEP2013 will incorporate listings currently included in LEP2006 and the Kurnell SEPP. The Heritage Office notes that 5
Public Authority Submissions Page | 26 items which are currently listed under SSLEP2006 are proposed to be removed from the heritage schedule, as these items were identified in the Sutherland Foreshore Heritage Study undertaken in 2010 as items are below the threshold required to meet any of the relevant criteria for listing and inclusion in Schedule 5.
5 Evelyn Street, Sylvania
The Heritage Office notes Council‟s intention to reclassify 5 Evelyn Street, Sylvania from „community‟ to „operational‟ which will facilitate sale of the property. It also notes that the item is proposed to remain heritage listed in DSSLEP2013 and the change in classification will have no impact on heritage listing. The submission is noted.
School Sites and Buildings
Department of Education and Communities has indicated that it does not object to the listing of individual buildings where the style and features are significant and the buildings not commonly found. However, the Department objects to the general listing of school sites and all types of buildings, irrespective of age or without historical evidence to support the proposed listing. The Department provides specific comments relating to a number of schools. These are generally supportive of the heritage listing of identified school buildings or stands of trees.
The submission is noted. These heritage listings are subject to the Sutherland Shire Community Based Heritage Study Review currently underway. As a result of this review, there may be some changes or refining of the listing and descriptions of the listed buildings and stands of trees. These will be undertaken as a future amendment to DSSLEP2013.
Specific Requests
Jannali Railway Station
Railcorp has advised that the Jannali Railway Station was assessed in the updating of the Railcorp Section 170 Heritage and Conservation Register endorsed by the Heritage Council of NSW in 2009. It was assessed as not meeting the criteria for listing in the Register as all station buildings and entry structures are modern. Railcorp requests that the listing be removed from the LEP Heritage Schedule.
Council is aware that this item has been removed from Railcorp Section 170 Heritage and Conservation Register. Council is in the process of reviewing all items on its Heritage Schedule. It is prudent that this review process be completed and, if this review finds that the item does not meet the criteria for local heritage listing, that the item then be removed from the LEP Heritage Schedule. It is not appropriate to remove it prior to the completion of the review.
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Loftus Junction Railway Signal Box
Railcorp has advised that the Loftus Junction Railway Signal Box was assessed in the updating of the Railcorp Section 170 Heritage and Conservation Register endorsed by the Heritage Council of NSW in 2009. It was assessed as not meeting the criteria for listing in the Register as the signal box has been highly altered and no longer demonstrates its key characteristics. The description as the oldest remaining signal box in NSW is also incorrect. Although the item is currently listed on the State Heritage Listing, delisting of the item from the State Heritage Register was publicly advertised in November 2012, and the NSW Heritage Council is currently considering the delisting. Railcorp requests that the listing be removed from the LEP Heritage Schedule.
Council is aware of the proposed delisting of the listing from the State Heritage Register. However, until the NSW Heritage Council has considered and come to a final decision on the proposed delisting, the item should be retained on the LEP Heritage Schedule.
Woronora Dam
The Sydney Catchment Authority has requested amendments to the LEP Heritage Schedule and mapping for Woronora Dam. The specific components of the request are agreed as they bring the listing into line with the State Heritage Listing: a. Remove the listing of the Woronora Dam from Schedule 5 Part 3: Archaeological Site and place it under Schedule 5 Part 1: Heritage Items. This will require the item to be renumbered b. Change the address of Woronora Dam in Schedule 5 from “Woronora Dam and waterways”, to just “Woronora Dam”. c. Correct the property description to Part Lot 1 DP 830604; Lot 10 DP 1078435; Lot 11 DP 1078435 and the road leading to Woronora Dam.
The Sydney Catchment Authority requests that the Heritage Map be updated to reflect the above corrections. This request is supported. However, it noted that the proposed amended property descriptions exclude the sites of the townships specifically established for the construction of the dam (Lots 1,2,3,4,5,6,7, 8 and 9 DP 1078435) even though the townships are specifically mentioned in the site description. It is proposed that these properties should be retained as they are identified in the local heritage inventory.
Illawong Cottages
Crown Lands has noted that Illawong Cottages are listed as heritage items „without explicit justification‟. The authority notes that it is not in a position to undertake their rehabilitation directly, but suggests that it may be possible to attract a proponent to do so, provided Council offers incentives to prospective development.
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The authority requests that in addition to the standard conservation incentives clause, the lands be listed in Schedule 1 Additional permitted uses with „tourist and visitor accommodation‟ identified as a permissible use. Alternatively, the authority suggests that consideration should be given to inserting a clause equivalent to Clause 18 of SSLEP2006 that provides for the removal of waterfront structures as a mechanism to achieve the removal of these cottages.
The cottages are located on the riverbanks of the Georges River National Park, at Illawong, near Old Ferry Road. They were originally licensed by the former Department of Lands as holiday and fishing shacks. Crown Lands submits that they are currently occupied by squatters with no ties to the holders of the original Permissive Occupancies. The shacks are considered unsafe by Crown Lands.
The cottages were identified as items of heritage significance in the 1996 Paul Davies's foreshore heritage study and subsequently listed. A comprehensive review of the cottages was undertaken in 2011 as part of the Foreshore Heritage Review, and individually and as a group they were found to be above the threshold for listing as heritage items. Inventory sheets detailing the heritage significance of the items are held by Council. The heritage listing of the cottages should be maintained.
The standard conservation incentives clause (Clause 5.10(10)) allows Council to grant consent "to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, or for any purpose on an Aboriginal place of heritage significance, even though development for that purpose would otherwise not be allowed by this Plan," if certain conditions are met and the conservation of the item depends upon that consent. Adding „tourist and visitor accommodation‟ as an additional permissible use, although it would suggest a possible future use for the cottages, is redundant in light of Clause 5.10 (10).
If the cottages are unsafe, consent for their demolition may be sought. This would require a Heritage Study and/or structural engineering report by a suitable qualified heritage professional as part of the development application to support the demolition of a heritage item. Council has previously resolved to no longer support the equivalent of Clause 18 of SSLEP2006 to require the removal of waterfront structures.
Consolidated Response to Submissions relating to Heritage
1. That Jannali Railway Station continue to be listed in Schedule 5: Environmental Heritage.
2. That Loftus Junction Railway Signal Box continue to be listed in Schedule 5: Environmental Heritage
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3. That the following changes be made to Schedule 5: Environmental Heritage: a. Move the listing of the Woronora Dam from Schedule 5 Part 3: Archaeological Site to Schedule 5 Part 1: Heritage Items, with consequential renumbering of items in the schedule. b. Change the address of Woronora Dam in Schedule 5 from “Woronora Dam and waterways”, to just “Woronora Dam”. c. Correct the property description for the listing of the Woronora Dam to Part Lot 1 DP 830604; Lots 1,2,3,4,5,6,7,8, 9, 10 and 11 DP 1078435) and the road leading to Woronora Dam.
4. That Waterfront houses on the Georges River (items 2017, 2018, 2019, 2020 and 2021) continue to be listed in Schedule 5: Environmental Heritage.
Acquisitions
Four public authorities have requested changes to the Land Reservation Acquisition Map to accurately reflect their intended acquisitions. These requests are detailed below:
Stretton Land (Lots 4 and 7 DP 11314)
These properties are marked as „Regional Open Space‟ for acquisition by the corporation constituted under section 8 of the Act. The Office of Strategic Lands (Department of Planning and Infrastructure) is responsible for the management of the Corporation. The Office of Strategic Land has stated that it does not agree to be the acquisition authority for these parcels and requests that the LEP be amended to remove these parcels from the land identified for acquisition by the corporation.
The submission notes that the NSW Planning and Environmental Commission historically acquired lots at Stretton Lane for regional open space. The submission notes that these two remaining lots have similar characteristics to the publicly owned lots. It notes that the Department of Planning and Infrastructure has never been identified as the acquisition authority for remaining lots, and current Treasury directions are that the „corporation‟ should not add any new parcels to its program. It suggests that Council should be the acquiring authority for these two parcels.
There are 7 properties at Stretton Lane, Illawong. Four properties have been acquired over the years by the NSW Planning and Environmental Commission. One property was acquired by Council subsequent to the 1994 bush fires. The subject properties are the last two properties in private ownership. They are currently zoned 7(b) Environmental Protection (Bushland) under SSLEP2000 and are not identified for acquisition. They are proposed to be zoned the equivalent zone E2 Environmental Conservation under DSSLEP2013, and marked for acquisition by „the corporation constituted under section 8 of the Act‟ for regional open space purposes. The
Public Authority Submissions Page | 30 acquisition has been proposed to complete the originally intended regional open space along the waterfront.
The submission suggests Council may be an alternative acquisition authority. Council uses s94 funds to acquire land for public open space; however, these properties would not fulfil the criteria for council-funded acquisition.
In light of the above, it is appropriate that these properties be removed from the Land Reservation Map.
Shackels Estate, Woronora River (Lot 59 DP 8754)
The Office of Strategic Lands (Department of Planning and Infrastructure) has advised that this property has recently been acquired by the Minister and can be removed from the land acquisition map.
National Parks Estate
The Office of Environment and Heritage has advised that the parcel marked for acquisition for National Park E1 shown on LRA_001F is already part of the national parks estate.
A review of the most up to date mapping of the National Parks Estate has been undertaken. The property marked on LRA_001F is Lot 5 DP 11990 (150 Rathane Road, Royal National Park) has been acquired by the National Parks and Wildlife Service. It can be removed from the Land Reservation Acquisition Map.
Road Infrastructure
The submission from Roads and Maritime Services has requested the removal of parcels that are not being acquired by RMS or have already been declared road from the acquisitions map. The RMS has provided a listing of 29 parcels. As these will not be acquired by the RMS, they should be removed from the Land Reservation Map.
The request from RMS to remove the SP2 Infrastructure (Classified Road) or SP2 Infrastructure (Transport Reservation) zoning from numerous lots or part lots (discussed earlier in the report) also has implications for the Land Reservation Map. Those properties which are proposed to be rezoned to the adjoining zone at the request of the RMS should also be removed from the Land Reservation Acquisition Map.
The submission also included a request forparcels to be added to the acquisitions map where these parcels are identified for acquisition by RMS. RMS has provided mapping identifying this land. However, some of this land is already in public ownership. The direction within the Standard Instrument relating to land shown on the Land Reservation Acquisition Map states that ‘any such land that is held by an authority of the State, or by a public company or a subsidiary of a public company (within the meaning of the Corporations
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Act 2001 of the Commonwealth) is not required to be shown on that Map’. As some of the land identified by the RMS for acquisition is addressed by this direction, these parcels should not be shown on the Land Reservation Acquisition Map. The remaining parcels which are not held by an authority of the State or a public company or relevant subsidiary should be shown. The Land Reservation Acquisition Map is to be amended to reflect the RMS request.
The discrepancy noted in relation to the zoning of land SP2 Infrastructure (Transport Reservation) is also relevant to the Land Reservation Map. It is appropriate that the Land Reservation Map be updated to correct the actual extent of land to be acquired for the F6 Corridor as identified by the RMS.
There are implications of this for privately owned parcels. 16 properties will have increased areas marked for acquisition 1 property will be identified for acquisition in its entirety 28 properties will have decreased areas identified for acquisition 5 properties will be removed from Land Reservations Acquisition Map.
Consolidated Response to submissions
1. That the following lots be removed from the Land Reservation Acquisition Map:
a. Lots 4 and 7 DP 11314 b. Lot 59 DP 8754 c. Lot 5 DP 11990
2. That the necessary changes to the Zoning Map and the Land Reservation Acquisition Map be made to reflect the land identified for acquisition for the F6 corridor by the RMS.
Policy Matters
Flood Risk Management
The submission from the Office of Environment and Heritage supports the incorporation of the objectives set out in Clause 6.6 Flood Planning. To assist in achieving the objectives, OEH suggests that consideration should be given to: The potential extra burden on emergency services during floods Ensuring infrastructure and recovery services are adequate for emergency response needs Flood planning maps including the mainstream and overland flow floodplain for flood planning area and probable maximum flood. The maps should also indicate the anticipated impact of Sea Level Rise and Climate change
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Including controls up to probable maximum flood level for areas subject to „flash flooding‟.
The submission highlights that under the Section 117 Directions and related guidelines, any flood related development controls for residential development on land above the flood planning level is considered „exceptional‟ circumstances and requires formal approval from OEH and DP&I. It notes that it may not be able to address the points of consideration raised, without fulfilling „exceptional circumstance‟ approval requirements, but that there may be opportunity for further comprehensive floodplain risk management controls up to PMF for non-residential development. The submission suggests example clauses adopted by other councils which could be included in the DSSLEP.
One of the suggested clauses is to manage coastline hazards. Such a clause would have limited applicability in the Shire, as there may be areas potentially subject to coastal erosion. Without further study being completed, it may be premature to include such a clause in the LEP.
The other suggested clause is to strengthen floodplain risk management through ensuring that development with particular evacuation or emergency response requirements e.g. child care centres, seniors living developments within areas subject to possible occasional flooding incorporates appropriate measures to manage risk to life from flood. Such a clause would apply to land between the mapped flood planning area and the probable maximum flood level and be a prudent response to a known risk.
The wording of such a clause would be:
7.4 Floodplain risk management
(1) The objectives of this clause are as follows: (a) in relation to developments with particular evacuation or emergency response issues—to enable the evacuation of land subject to flooding above the flood planning level, (b) to protect the operational capacity of emergency response facilities and critical infrastructure during extreme flood events.
(2) This clause applies to land between the flood planning area and the line that is shown as the probable maximum flood level on the Flood Planning Map.
(3) Development consent must not be granted to development for the following purposes on land to which this clause applies unless the consent authority is satisfied that the development incorporates appropriate measures to manage risk to life from flood: (a) group homes, (b) hostels (c) residential care facilities, (d) emergency services facilities,
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(e) educational facilities, (f) hospitals, (g)medical centres (h) child care centres (i) respite day care centres
(4) In this clause, probable maximum flood has the same meaning as it has in the NSW Floodplain Development Manual published in 2005.
Council has a mapped indication of the probable maximum flood level (PMF), which informs planning controls through the DCP. Where detailed flood studies have been conducted (approximately one third of the Shire), the PMF line is well resolved. For the remainder of the Shire, the PMF is mapped to cadastral boundaries. This would hinder the reasonable application of such a clause. It is therefore not reasonable to include such a clause until a more refined PMF can be mapped on the Flood Planning Map. The submission is noted.
Health Outcomes
The submission received from the Department of Health - South Eastern Sydney Local Health District, indicates support for the changes proposed for Caringbah Centre to encourage urban regeneration through higher density housing and supporting the role of the Centre in medical service provision. It also welcomes the commitment to „ageing in place‟ and the provision of greater housing options.
The submission suggests that enhanced health outcomes can be achieved by ensuring that the proposed changes in Cronulla, Caringbah, Jannali, Sutherland, Miranda and Engadine promote active transport, increased social cohesion within and between communities and promote and support healthy eating options. The submission includes general recommendations to achieve these. Those which can be accommodated in a LEP are largely addressed e.g. cater for the ageing population by advocating locations for aged care facilities; providing a range of facilities for active recreation opportunities e.g. neighbourhood parks etc
Several of the recommendations are more appropriate to informing the preparation of the Development Control Plan to accompany the LEP e.g. design for people with disabilities and to accommodate „ageing in place‟ e.g. accessible bathrooms, wider doorways; anti-slip tread etc. Other recommendations relate specifically to the design of public places e.g. footpath provision, separation of walking and cycling paths, seating in public places and the provision of access to fresh drinking water e.g. bubblers and can inform Council‟s design processes. The submission is noted.
Protection of Aquatic Habitat
Fisheries NSW is responsible for ensuring that fish stocks are conserved and that there is no new loss of key fish habitats upon which the stocks depend.
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The submission received from Fisheries NSW includes a number of recommendations following its review of the DSSLEP2013 in light of the provisions of the Fisheries Management Act 1994 and associated policies and guidelines.
An amendment to Clause 1.9A(3) to include conservation agreements that can be enacted under Division 8 of Part 7A of the Fisheries Management Act 1994 is requested. Clause 1.9A sets aside agreements and covenants that would otherwise restrict the carrying out of development, except those identified in subclause (3). The request of Fisheries NSW aims to ensure that specific conservation agreements are not set aside. This request is considered reasonable and supported.
Fisheries NSW commends the inclusion of clauses to work towards protecting or improving quality of aquatic habitat, specifically Clause 5.5 Coastal Zone; 5.7 – Development below Mean High Water Mark; 6.2 – Foreshore building Line; 6.4 Development of Foreshores of Port Hacking, Georges River, Woronora River and Botany Bay; Clause 6.5 Acid Sulfate Soils; 6.12 Landscape Area; Clause 6.16 Riparian Land and Watercourses and Clause 6.19 Stormwater Management. However, it is requested that to ensure that Clause 6.16 applies to all watercourses (including tributaries) that Fisheries NSW has mapped as key fish habitat, the map that accompanies Clause 6.16 should correspond with the Key Fish Habitat as mapped by NSW Fisheries.
Clause 6.16. relates to the “Riparian Land and Watercourses‟ identified on the Environmentally Sensitive Land Map. The mapping has been reviewed by officers and all watercourses (including tributaries) that are mapped on the cadastre base on which the DSSLEP2013 mapping is based are identified as „Riparian Land and Watercourses‟ thus corresponding with the Key Fish Habitat mapped by NSW Fisheries.
The submission recommends that the principles of Water Sensitive Urban design should be more specifically included in the DSSLEP, noting that this is required particularly for areas adjacent to Aquatic Reserves and Posidonia seagrass beds and to achieve the water quality targets outlined in the Botany Bay Water Quality Improvement Plan. It recommends that clause 6.19 could be strengthened by referring to „adhering to the principles of Water Sensitive Urban Design‟, and refers to the Parramatta LEP and the Botany Bay Coastal Catchment Authority Initiatives paper for examples.
Clause 6.19 addresses Stormwater Management and is based on the consultation draft Stormwater Management provision. Requiring that a proposed development adheres to the principles of Water Sensitive Urban Design as a head of consideration for the approval of development in this clause will ensure that all development in the Residential (including E3 and E4 zones), Business and Industrial zones is sensitively designed and supplements the proposed objectives. Subclause (3) of Clause 6.19 can be amended to include the requested consideration of Water Sensitive Urban Design.
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The submission also states that riparian buffer zones need to be maximised adjacent to Aquatic Reserves, particularly when redevelopment is occurring. „Riparian Land and Watercourses‟ are mapped adjacent to the aquatic reserves on the Environmentally Sensitive Land Map. The submission is noted. The land adjacent to the Aquatic Reserves is identified as “Riparian Land and Watercourses’ on the Environmentally Sensitive Land.
Transport for NSW
Transport for NSW is broadly supportive of the plan, particularly the aim of the Plan „to concentrate intensive land uses and trip generating activities in localities with adequate infrastructure accessible to transport and centres’. However, Transport for NSW requests that this clause be broadened to apply to all development, rather than just „intensive land uses and trip generating activities‟.
Transport for NSW also requests that the following are also included as aims of the plan: To ensure that all land use zones are appropriately located to maximise access to sustainable transport To provide for development that reduces car dependency, increases use of public transport and encourages walking and cycling.
The aims of the plan are based on the aims of SSLEP2006 and reflect local issues that are significant to the Sutherland Shire, and alignment with broader strategic planning considerations, including the Metropolitan Strategy, the draft Subregional Strategy and Council‟s Community Strategic Plan (Our Shire Our Future).
Transport for NSW‟s request to broaden the specific aim of integrating land uses and transport to include all development, rather than limiting this to intensive land uses and trip generating activities, is a positive suggestion, which should be embraced. Although proposed additional aims are relevant and timely, the aims of the plan as exhibited ensure a balance between the various influences on strategic planning and the community‟s expectations. In order to ensure this balance, it is not proposed to add more aims to those already proposed.
Consolidated Response to Submissions
1. That the following be added to Clause 1.9A(3): (g) to any conservation agreement within the meaning of Division 8 of Part 7A of the Fisheries Management Act 1994, or
2. That Clause 1.2 Aims of Plan subclause 2(e) be amended to read as follows: (e) to concentrate development in localities with adequate infrastructure accessible to transport and centres’
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3. That Clause 6.19 Stormwater Management (Urban Zones) be amended by the addition of the following to subclause (3): (a) adheres to the principles of Water Sensitive Urban Design,
Other Comments
A range of other comments were received. These generally relate to the information provided as part of the exhibition material, and the legibility and user-friendliness of the maps.
Environmentally Sensitive Land
The submission from the Office of Environment and Heritage indicates is support for the incorporation of environmental strategy objectives through the use of overlays to protect areas of vulnerable groundwater, biodiversity, natural landform and riparian values i.e. the environmentally sensitive land clause and maps.
NSW Fisheries has indicated that the Environmentally Sensitive Land maps are difficult to read where there are a number of different layers applicable. This concern is noted. The Environmentally Sensitive Land maps are a local provision, and hence there are no technical specifications to provide guidance on the mapping. Once the plan is referred to the Department of Planning and Infrastructure to be made, it is expected that the Department‟s GIS Unit will review these maps and provide some technical guidance. This may assist in addressing the concern expressed.
Zoning Factsheets
Fisheries NSW has commented that the zoning factsheets not consistent with the LEP and require updating to avoid confusion with different zone labels. The submission does not identify which factsheet the comment applies to, but review of the factsheets suggests that is may relate to the E1 National Parks and Nature Reserves factsheet which does not explicitly refer to the Aquatic Reserves, although these are proposed to be zoned E1.The Waterways factsheet does indicate that the Aquatic Reserves are proposed to be zoned E1. Although there may be some confusion arising from this, the factsheets were provided for information during the exhibition period, and do not form part of the LEP. The comment is noted.
Completeness of the Planning Proposal
The submission from Liverpool City Council recommended that Council amend the draft plan and supporting documents to incorporate the Heathcote Ridge State Significant Development proposal and the consequent requirements for the upgrading of infrastructure into plan, due to the advanced stage of the proposal and its significant impact on both the Sutherland Shire and Liverpool City local government areas.
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The Planning Proposal does not include the Heathcote Ridge rezoning proposal, as the latter is progressing through a separate process. It is intended that once the proposal is determined, the appropriate integration with DSLEP2013 will occur.
The Liverpool City Council submission also notes that the Planning Proposal indicates that Council has resolved not to permit brothels or sex shops in any zone in the Shire, while the zoning tables in the draft plan include Sex Services Premises in the IN1 General Industrial zone and Restricted Premises in B2 Local Centre, B3 Commercial Core and B4 Mixed Use zones.
Sutherland Shire Council has resolved not to permit brothels or sex shops in any zone in the Shire; however, it is a condition of the Gateway Determination received for DSSLEP2013 that brothels be permissible in at least one zone and restricted premises be permissible in the B2, B3 and B4 zones. This permissibility is reflected in the zoning tables in the draft plan.
Request for further information from the Department of Education and Communities
The Department of Education and Communities has requested that it be advised on where it is proposed to upscale existing residential areas to higher density so that the Department can plan for additional education infrastructure at schools in the local government area.
The exhibition of the DSSLEP2013 provided an opportunity for the Department to review and comment on the draft proposals for the future development of the Sutherland Shire. This will have provided the Department with an indication of where rezoning to facilitate greater residential development is proposed. Once the DSSLEP2013 has been adopted for forwarding to the Minister for the plan to be made, further information can be provided to the Department of Education and Communities to confirm the location of any proposed rezoning.
Response to Issues
The submissions received from Public Authorities have provided detailed comment in relation to a number of issues. Some of the comments relate to policy decisions, while others are more technical in detail. Most of the amendments requested in the submissions can be readily accommodated in DSSLEP2013 and will contribute to a more technically refined and resolved plan. To this end, these are generally supported. However, incorporating these into the draft plan will require re-exhibition of the draft plan. Where requests cannot be supported, the issues have been discussed.
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