Public Authority Submissions
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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 Public Authority Submissions Page | 1 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. Public Authority Submissions Page | 2 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. Public Authority Submissions Page | 3 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