Planning Proposal

The Halloran Trust [Landowner]

Culburra Beach; and Kinghorne Point

Prepared by Allen, Price & Associates

APA Ref: 25993 August 2014

Planning Proposal – The Halloran Trust ii Culburra, Callala Bay, Kinghorne Point Ref 25993

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Planning Proposal – The Halloran Trust iii Culburra, Callala Bay, Kinghorne Point Ref 25993

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© Allen, Price & Associates 2014 & John Toon Pty Ltd

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75 Plunkett Street, Nowra NSW 2541 postal PO Box 73, Nowra 2541 tel 02 4421 6544 fax 02 4422 1821 email [email protected] directors RJ Douglas, AR Aulsebrook, MJ Philpott, MA Klein associates PW Rowell, CE Griffiths, TN Le, RN Smith

ABN 13 236 275 350 a partnership of Ross Douglas Surveys Pty Limited Taylinda Pty Limited Pororoca Pty Limited Kryssning Pty limited

Liability limited by a scheme approved under Professional Standards Legislation

Table of Revisions

Rev Date Details 00 27/09/2013 Preliminary Issued for Review 01 30/10/2013 Preliminary Draft updated & issued for review - JT 02 5/12/2013 Preliminary Draft updated & issued for review – Shoalhaven City Council 03 1/12/2013 Draft revised 04 25/02/2014 Draft revised following advice Shoalhaven City Council & Dept Planning & Infrastructure 05 06/05/2014 Draft revised for Shoalhaven City Council submission 06 04/08/2014 Draft finalised for Shoalhaven City Council submission

Report prepared by:

Kerry Rourke Town Planner BA (Arts); Dip Urban & Regional Planning; Grad Dip Design for Bushfire Prone Areas Date: 4 August 2014

Planning Proposal – The Halloran Trust iv Culburra, Callala Bay, Kinghorne Point Ref 25993

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Planning Proposal – The Halloran Trust v Culburra, Callala Bay, Kinghorne Point Ref 25993 CONTENTS

Executive Summary ...... viii

1. Introduction ...... 1 1.1 LOCATION ...... 2 1.2 CURRENT ZONING ...... 4 1.3 SUBJECT LAND ...... 7 1.4 BACKGROUND ...... 13

2. Part 1 - Objectives ...... 18

3. Parts 2, 3 and 4 – Explanation of Provisions, Justification & Planning Proposal Maps – West Culburra Expansion Area ...... 19 3.1 NEED FOR THE PLANNING PROPOSAL – SECTION A ...... 20 3.1.1 Question 1 - Is the Planning Proposal a result of any strategic study or report? ... 20 3.1.2 Question 2 - Is the planning proposal the best means of achieving the objectives or intended outcomes, or is there a better way? ...... 23 3.2 RELATIONSHIP TO STRATEGIC PLANNING FRAMEWORK – SECTION B ...... 24 3.2.1 Question 3 - Is the planning proposal consistent with the objectives and actions contained within the applicable regional or sub-regional strategy? ...... 24 3.2.1A South Coast Regional Strategy ...... 24 3.2.1B Jervis Bay Settlement Strategy ...... 29

4. Parts 2, 3 and 4 – Explanation of Provisions, Justification & Planning Proposal Maps – Callala Bay Woods Estate / Wollumboola ...... 36 4.1 NEED FOR THE PLANNING PROPOSAL – SECTION A ...... 37 4.1.1 Question 1 - Is the Planning Proposal a result of any strategic study or report? ... 37 4.1.2 Question 2 - Is the planning proposal the best means of achieving the objectives or intended outcomes, or is there a better way? ...... 38 4.2 RELATIONSHIP TO STRATEGIC PLANNING FRAMEWORK – SECTION B ...... 39 4.2.1 Question 3 - Is the planning proposal consistent with the objectives and actions contained within the applicable regional or sub-regional strategy? ...... 39 4.2.1A South Coast Regional Strategy ...... 40 4.2.1B Jervis Bay Settlement Strategy ...... 42

5. Parts 2, 3 and 4 – Explanation of Provisions, Justification & Planning Proposal Maps – Kinghorne & Arrow Points ...... 48 5.1 NEED FOR THE PLANNING PROPOSAL – SECTION A ...... 49 5.1.1 Question 1 - Is the Planning Proposal a result of any strategic study or report? ... 49 5.1.2 Question 2 - Is the planning proposal the best means of achieving the objectives or intended outcomes, or is there a better way? ...... 49

Planning Proposal – The Halloran Trust vi Culburra, Callala Bay, Kinghorne Point Ref 25993

5.2 RELATIONSHIP TO STRATEGIC PLANNING FRAMEWORK – SECTION B ...... 50 5.2.1 Question 3 - Is the planning proposal consistent with the objectives and actions contained within the applicable regional or sub-regional strategy? ...... 50 5.2.1A South Coast Regional Strategy ...... 50 5.2.1B Jervis Bay Settlement Strategy ...... 51

6. Part 3 – Justification - Questions 4 - 11 ...... 56 6.1 RELATIONSHIP TO STRATEGIC PLANNING FRAMEWORK – SECTION B ...... 56 6.1.1 Question 4 - Is the planning proposal consistent with the local Council’s Community Strategic Plan, or other local strategic plan? ...... 56 6.1.2 Question 5 - Is the planning proposal consistent with the applicable state environmental planning policies? ...... 57 6.1.3 Question 6 - Is the planning proposal consistent with the applicable Ministerial Directions (s. 117 directions)? ...... 58 6.2 ENVIRONMENTAL, SOCIAL AND ECONOMIC IMPACT - SECTION C...... 59 6.2.2 Question 8 - Are there any other likely environmental effects as a result of the planning proposal and how are they proposed to be managed? ...... 59 6.2.3 Question 9 – Has the planning proposal adequately addressed any social and economic effects? ...... 60 6.3 STATE AND COMMONWEALTH INTERESTS - SECTION D ...... 60 6.3.1 Question 10 - Is there adequate public infrastructure for the planning proposal? 60 6.3.2 Question 11 – What are the views of state and commonwealth public authorities consulted in accordance with the Gateway determination? ...... 61

7. Part 5 – Details of Community Consultation ...... 63

8. Part 6 – Project Timeline ...... 64

Attachments ...... 65

ATTACHMENT ONE – COUNCIL RESOLUTION TO DEFER LANDS...... 65 ATTACHMENT TWO – THE HALLORAN TRUST LANDHOLDINGS AFFECTED BY THIS PLANNING PROPOSAL ...... 66 ATTACHMENT THREE – ADVICE FROM MINISTER OF PLANNING & ENVIRONMENT TO SHOALHAVEN CITY COUNCIL...... 69 ATTACHMENT FOUR - RELEVANT STATE ENVIRONMENTAL PLANNING POLICIES (SEPP) ...... 70 ATTACHMENT FIVE – MINISTERIAL DIRECTIONS - SECTION 117 ...... 73 ATTACHMENT SIX – SOUTH COAST REGIONAL STRATEGY SUSTAINABILITY CRITERIA – – CALLALA BAY EXPANSION AREAS ...... 78 ATTACHMENT SEVEN – PROPOSED LAND USE MAPS ...... 85

Planning Proposal – The Halloran Trust vii Culburra, Callala Bay, Kinghorne Point Ref 25993

Figures

Figure 1 - Map 1 - Existing Cadastre of region of Planning Proposal ...... xi Figure 2 - Map 1 - Existing Part 3A application & Part 4 Applications or approvals – for further application detail see relevant study area sections of this planning proposal ...... xii Figure 3 - Map 2 - Planning Proposal Broad Land Uses (detailed individual study area maps are provided as Attachment 7) ...... xiii Figure 4 – Culburra Beach - Long Bow Point - Copper Cup Point Wollumboola ©Lands 2012 ...... 2 Figure 5 - Woods Estate Callala Bay / Wollumboola - ©Lands 2012 ...... 3 Figure 6 - Kinghorne Point - Arrow Point Kinghorne ©Lands 2012 ...... 4 Figure 7 - Culburra Beach - Long Bow Point - Copper Cup Point Wollumboola ©Shoalhaven City Council 2013 ...... 5 Figure 8 - 1:8000 scale view of the strip of uncoloured / unzoned land within the Halloran Trust holdings, adjacent to Culburra Road ©Shoalhaven City Council 2013 ...... 5 Figure 9 - Woods Estate Callala Bay / Wollumboola - ©Shoalhaven City Council 2013 ...... 6 Figure 10 - Kinghorne Point - Arrow Point Kinghorne ©Shoalhaven City Council 2013 ...... 6 Figure 11 - Culburra Beach - Long Bow Point - Copper Cup Point Wollumboola ©Lands 2012 ...... 7 Figure 12 - 1% AEP Flood Planning Level from Draft SLEP2013 ...... 8 Figure 13 - catchment in relation to the three planning proposal study areas ...... 9 Figure 14 - Woods Estate / Callala Bay / Wollumboola - ©Lands 2012 ...... 11 Figure 15 - Kinghorne Point - Arrow Point Kinghorne ©Lands 2012 ...... 12 Figure 16 - SLEP85 Amendment 41 - Culburra ...... 13 Figure 17 – Publicly exhibited Draft SLEP 2013 - Culburra Beach- zone overlay ...... 16 Figure 18 - Publicly exhibited Draft SLEP2013 - Callala Bay Woods Estate / Wollumboola – zone overlay ...... 16 Figure 19 - Publicly exhibited Draft SLEP 2013 - Kinghorne & Arrow Points – zone overlay ...... 17 Figure 20 - proposed Land Uses at Culburra Beach (A3 version provided in Appendix 7) ...... 19 Figure 21 - Robinson Water Consultants 2009 overall MUSIC model results ...... 26 Figure 22 - Agricultural Land Classifications ...... 28 Figure 23 – Callala Bay Woods Estate / Wollumboola proposed land use overlay (A3 version provided in Appendix 7) ...... 36 Figure 24 - Extract from the Jervis Bay Settlement Strategy ©2003 Shoalhaven City Council ...... 37 Figure 25 - extract from Jervis Bay REP 1996 - hatching = opportunities for urban development ...... 38 Figure 26 – Kinghorne, Boalla & Arrow Points - Proposed land use overlay (A3 version provided in Appendix 7) ...... 48

Planning Proposal – The Halloran Trust viii Culburra, Callala Bay, Kinghorne Point Ref 25993

Executive Summary

During Shoalhaven City Council’s Special Development Committee consideration of reports on the Draft Shoalhaven Local Environmental Plan 2013, the Committee, with the full delegation of Council, resolved to defer lands owned by Mr Warren Halloran and his associated companies from the draft LEP. This deferral was predicated upon the preparation and determination of a master plan or overall approach for the use of the extensive land holdings under Mr Halloran’s control.

The Resolution of Council Special Development Committee states (see Attachment One for full copy):

Recommendation 9.2

MOTION: Moved: Watson I Second: Guile

RESOLVED that the Special Development Committee, in accordance with its delegated authority, a) Receive the submissions regarding Culburra Beach Expansion Area and Lake Wollumboola for information; and b) Defer the zoning of all the Halloran landholdings within the Shoalhaven until a master plan or overall approach for Halloran land has been prepared and considered.

Voting: For – Tribe, Robertson, Kearney, Anstiss, Baptist, Guile, Watson, White, Russ Pigg. Against - Findley

Recommendation 9.3

RESOLVED that the Special Development Committee, in accordance with its delegated authority: a) Receive the submissions outlined in Table 9.3 for information; b) Rezone Lot 1 DP 614607, East Crescent, Culburra Beach once the land is in Council's ownership; c) Defer the zoning of Copper Cup Point and Kinghorne Point until a master plan or overall approach for Halloran land has been prepared and considered; and d) Retain the remaining zones at "Kinghorne Point" as exhibited.

Voting: For – Tribe, Robertson, Kearney, Anstiss, Baptist, Guile, Watson, White, Russ Pigg. Against - Findley

While these two resolutions related to the consideration of specific reports on the Culburra Beach Expansion area, East Crescent Culburra Beach, Copper Cup Point and Kinghorne Point, the resolutions state that all Halloran landholdings be deferred. This deferral includes lands not only at the above locations but also at Long Bow Point, Lake Wollumboola and Callala Bay. A complete list of affected lands is provided as Attachment Two of this Planning Proposal. The land owned by Mr Halloran at the Millallen Estate (e.g. Lot 53 DP 1033684 & Lot 2 DP 1094024) was not included in the land deferred from LEP2014.

The lands referred to in this Planning Proposal were in the name of Mr Warren Halloran or in companies controlled by him at the time of that resolution. Ownership of this land has been transferred to a charitable trust – The Halloran Trust.

The Shoalhaven Local Environmental Plan, 2014 became effective on 22 April 2014 and the lands in the Halloran holdings have all been deferred from this LEP so that the provisions of the Shoalhaven Local Environmental Plan, 1985 remain effective to allow lodgement of this master plan Planning Proposal into the LEP gateway process. Attachment Three provides a copy of the Minister for Planning & Infrastructure’s advice in this regard, and states that the Planning Proposal is to be lodged by 29 August 2014 or consideration will be given to pursuing the publicly exhibited draft zones for the holding.

Planning Proposal – The Halloran Trust ix Culburra, Callala Bay, Kinghorne Point Ref 25993

Given the short timeframe, and as discussed and agreed with both the DPE (Mr Brett Whitworth) & SCC (Mr Gordon Clark) the preparation and submission of necessary supporting studies (e.g. Bushfire, Threatened Species, Traffic impacts etc.) will be made after Council has determined whether to support the planning proposal through to the LEP Gateway.

A Part 3A application is currently with the Department of Planning & Environment for determination over lands within The Halloran Trust holdings – MP09_0088 (West Culburra Expansion area) and a Part 4 development application is with Shoalhaven City Council for a golf course on land at Long Bow Point – DA11/1728. Both of these areas are included in this Planning Proposal. This Planning Proposal embodies the terms “master plan” and “overall approach” used in the resolutions of Council.

The aim of this Planning Proposal therefore is to determine: (i) the potential for urban development in areas west of the existing Culburra Beach township and generally north of the catchment extent of Lake Wollumboola, consistent with Council’s resolution of 26 June 2012 (Recommendation 16); (ii) the potential for an area for urban development further investigation within the catchment of Lake Wollumboola to Culburra Road; (iii) the potential for low environmental impact community recreation zone with private conservation areas, consistent with Council’s resolution of 26 June 2012; (iv) the potential for urban development west of Callala Bay east of Callala Bay Road; and (v) to identify land that will be preserved through long term conservation as National Park – land is proposed to be gifted to the State Government by Mr Halloran.

The overall Master Plan strategy is provided on Map 3 following, with maps provided for each study area individually in Attachment 7.

The current position in terms of applications approved or underdetermined and with Council or Department of Planning & Environment are provided on Map 2. This map illustrates the general location & layout of the Part 3A concept plan for West Culburra currently with the State Government awaiting determination and the original Golf Course application which is with Shoalhaven City Council awaiting determination.

The offsets for these projects have been identified as follows:

 The offsets for the Part 3A proposal are lands at Sussex Inlet located around Tullawalla Lagoon, Tullawalla Creek and St Georges Basin. This land links two separate areas of and supports significant ecosystems. This land has been subject to a rezoning request associated with One Tree Bay and has been subject to numerous ecological studies in the past.

 The offsets for the current golf course DA proposal are lands contained within the golf course precinct including Wattle Creek, Downes Creek and a 2.5km long foreshore zone with frontage to Lake Wollumboola. This land will remain with the owner and be subject to a long term conservation agreement. In addition, certain lands at East Crescent will be transferred to Shoalhaven City Council and land at will be transferred to National Parks. These lands have very high ecological value and preliminary discussions have been held with Shoalhaven City Council regarding the acceptability of this land to Council.

Each study area covered by this Master Plan is addressed separately within Section 3 of this Planning Proposal as Parts 2 – Explanation of Provisions, Part 3 Justification in terms of Questions 1 through 3 and Part 4 Mapping have been combined due to the complexity of issues associated with individual study

Planning Proposal – The Halloran Trust x Culburra, Callala Bay, Kinghorne Point Ref 25993 areas (particularly Culburra expansion area). The remaining Justification Questions 4 through 11 are addressed following those individual reviews, under Section 6.

This planning proposal seeks to be generally consistent with the South Coast Regional Strategy, including the SCRS Sustainability Criteria and the recommendations of the Sensitive Urban Lands Review panel, along with the provisions of the Jervis Bay Settlement Strategy. However, there are some potential inconsistencies seeking consideration for further investigation or alternative land use options based upon a significant area of land being retained for long term conservation and other offset lands within the region.

Aspects of this Planning Proposal that Council or the Department of Planning & Environment may see as inconsistent with the SCRS or JBSS are:  Urban expansion is proposed within the catchment of the Crookhaven River which was not identified by Shoalhaven City Council in DLEP2013 as residential, or identified under the JBSS for residential purposes;  An investigation area for potential urban development within the catchment of Lake Wollumboola north of Culburra Road; and  Low environmental impact community recreation and conservation lands at Long Bow Point for a golf course and long term conservation in private ownership;

These potential inconsistencies are predicated upon the basis that some non-urban development can occur within the catchment of Lake Wollumboola without significant adverse impact upon the water quality of the lake. This determination is based upon two reports prepared in light of the Commission of Inquiry on Long Bow Point and the Sensitive Urban Review Panel recommendations (Simmons, Beveridge and Maheshwari, 2009 and O’Loughlin & Robinson 2008).

xi Planning Proposal – The Halloran Trust Culburra, Callala Bay, Kinghorne Point Ref 25993

Figure 1 - Map 1 - Existing Cadastre of region of Planning Proposal

Planning Proposal – The Halloran Trust xii Culburra, Callala Bay, Kinghorne Point Ref 25993

Figure 2 - Map 1 - Existing Part 3A application & Part 4 Applications or approvals – for further application detail see relevant study area sections of this planning proposal

Planning Proposal – The Halloran Trust xiii Culburra, Callala Bay, Kinghorne Point Ref 25993

Figure 3 - Map 2 - Planning Proposal Broad Land Uses (detailed individual study area maps are provided as Attachment 7) 1 Planning Proposal – The Halloran Trust Culburra, Callala Bay, Kinghorne Point Ref 25993

1. Introduction

This Planning Proposal seeks to provide direction for the future use of lands under the control of The Halloran Trust, effectively as a master plan. This will involve both Shoalhaven City Council (SCC) and the Department of Planning & Environment (DPE) in the resolution of the zoning of these lands, taking into account appropriate development offsets and infrastructure provisioning to facilitate that future development.

The pertinent points of this Planning Proposal are:

 Land is within a single ownership which facilitates a long term planning solution;  Part of the land represents the only possible opportunity to determine the future of Culburra Beach as a higher order centre;  The land is mostly suitable for some form of development, acknowledging that the matter of securing water quality in both Lake Wollumboola and the Crookhaven River / Curleys Bay is a priority consideration;  Provision of integration of land uses including areas to be conserved and areas to be allocated for development;  Integration of infrastructure provisions for the Wollumboola sub-region;  Integration of provision of social infrastructure;  This Planning Proposal results in the eradication of old “paper” subdivisions which are an unresolved planning issue for Council;  The majority of the land is well above the 1:100 year flood level and the potential sea-rise level anticipated with global warming;  The land is dominantly xeric woodland, last cleared in 1920;  The aim of the Master Plan is to protect and ensure that the water quality of Lake Wollumboola is not adversely impacted by urban development;

Council resolved to defer the land holdings of Mr Halloran (now The Halloran Trust) from the Draft Shoalhaven Local Environmental Plan 2013, to enable a master plan approach to be devised and this planning proposal provides that methodology.

The purpose of the Planning Proposal is:

 To achieve an optimal land use plan which balances conservation with urban development;  To provide certainty of land use potential for the owner;  To promote employment opportunities at Culburra Beach;  To provide a range of residential environments and densities, appropriate to this coastal location;  To diversify the range of tourist and recreation facilities available to visitors and residents by identifying appropriate sites;  To establish Culburra Beach as a significant town in terms of the range of services and facilities that will be available.  To ensure integration of infrastructure provision in the Wollumboola sub-region;  To ensure integration of social infrastructure provision in the Wollumboola sub-region;  To protect the marine / mesic vegetation ecologies that border Lake Wollumboola;  To provide sites for tourist / visitor accommodation within the ownership;  To provide sites for residential development at different densities – i.e. standard, medium and higher residential density; and

Planning Proposal – The Halloran Trust 2 Culburra, Callala Bay, Kinghorne Point Ref 25993

 To identify and conserve areas of ecological and / or scenic and / or archaeological significance.

1.1 Location

The lands, which are the subject of this planning proposal, consist of numerous allotments totalling approximately 1681.5 hectares over three localities bounding the , at Culburra Beach / Wollumboola, Kinghorne and Callala Bay / Wollumboola. Total number of allotments in the three localities comprise approximately 1445 individual allotments in one ownership.

The individual allotment details are provided in Attachment Two of this proposal; locality sketches are provided as Figures 1 – 3 following.

Jervis Bay National Park

Figure 4 – Culburra Beach - Long Bow Point - Copper Cup Point Wollumboola ©Lands 2012 The lands at West Culburra / Wollumboola are essentially bound by Coonemia Road in the west and Canal St East / West Crescent to the east. The Crookhaven River and Curleys Bay provide the northern boundary of the area and the Jervis Bay National Park provides the southern boundary. The land is bisected by Culburra Road, and is within the catchment of both the Crookhaven River / Curleys Bay and Lake Wollumboola.

The Culburra / Wollumboola area is comprised of 22 allotments in the ownership of The Halloran Trust, totalling approximately 1,117 hectares.

The lands at Callala Bay / Wollumboola (Figure 5) are located north of the village of Callala Bay adjacent to the intersection of Forest Road and Coonemia Road extending through to the village itself. The Jervis Bay National Park adjoins this locality from the north west through to the south east.

Planning Proposal – The Halloran Trust 3 Culburra, Callala Bay, Kinghorne Point Ref 25993

This locality consists of some 693 allotments, totalling approximately 364.7ha in the ownership of The Halloran Trust.

Jervis Bay National Park

Figure 5 - Woods Estate Callala Bay / Wollumboola - ©Lands 2012

The lands at Kinghorne Point / Arrow Point at Kinghorne (Figure 6) consist of some 730 individual allotments totalling approximately 199.78 hectares, in the ownership of The Halloran Trust.

These lands are bound to the west / northwest by Lake Wollumboola, with Warrain Beach on the Shoalhaven Bight / Crookhaven Bight (Tasman Sea) to the east, and Currarong Road to the south. Jervis Bay National Park (including Lake Wollumboola) provides the western and southern boundary for this locality.

Planning Proposal – The Halloran Trust 4 Culburra, Callala Bay, Kinghorne Point Ref 25993

Lake Wollumboola

Jervis Bay National Park

Jervis Bay National Park

Figure 6 - Kinghorne Point - Arrow Point Kinghorne ©Lands 2012 1.2 Current Zoning

The Halloran Trust landholdings fall under the provisions of the Shoalhaven Local Environmental Plan, 1985 (referred to hereafter as SLEP85 or LEP) as the land has been deferred from the provisions of Shoalhaven Local Environmental Plan, 2014.

The Culburra Beach lands are zoned Rural 1(a), 1(b), 1(d), Residential 2(c), Business 3(f), Industrial 4(a), Special Purposes 5(c) School, Open Space 6(c), Environmental Protection 7(a) & 7(f3). Some of the lands are identified on the LEP plan as below the 1% AEP flood event. Figure 7 following illustrates these zones; Appendix Two identifies the zones of the individual parcels.

There is a strip of land 20m – 25m wide through Lot 6 DP 1065111, adjacent to northern side of Culburra Road and the 2(c) zone, that is otherwise unzoned, as well as another strip along the southern side of Culburra Rd, adjacent to the 2(c) zone approximately 15m - 18m wide. This uncoloured land continues to the east adjacent to the Industrial 4(a) zone where the unzoned section widens to 30m. It is presumed that the intended purpose of this uncoloured land was to widen the road and allow for access service lanes into the residential and industrial area, as Culburra Road is nominated on Council’s LEP map as a regional road. The corresponding southern side of Culburra Road (through the 5(c) and 6(c) zones) to the abovementioned uncoloured land is burdened by a 25m building line under the SLEP85.

Planning Proposal – The Halloran Trust 5 Culburra, Callala Bay, Kinghorne Point Ref 25993

1% AEP line 7a

4a 3f 1d 2c 5c 6c

1b 2c

7a 1d Ecological Sensitivity 7f3

1a

Figure 7 - Culburra Beach - Long Bow Point - Copper Cup Point Wollumboola ©Shoalhaven City Council 2013 A large area of land within Lots 6 & 8 DP 1065111 and Lot 106 DP 875249 is identified under the provisions of SLEP85 as being land of Ecological Sensitivity.

Uncoloured / unzoned land adjacent to Culburra Rd

Figure 8 - 1:8000 scale view of the strip of uncoloured / unzoned land within the Halloran Trust holdings, adjacent to Culburra Road ©Shoalhaven City Council 2013

Planning Proposal – The Halloran Trust 6 Culburra, Callala Bay, Kinghorne Point Ref 25993

Ecological Sensitivity

7a 1d

Figure 9 - Woods Estate Callala Bay / Wollumboola - ©Shoalhaven City Council 2013 The ‘paper’ subdivision adjacent to Currarong Road is known as the Woods Estate. The current zoning of the Woods Estate and surrounding Halloran Trust owned parcels is predominantly Rural 1(d) with an area of Environmental Protection 7(a) Ecology within Lots 28 – 30 DP 755971. Lands within DP14959 and part of Lot 507 DP 877900 (all located north of Forest Road) are identified under the provisions of the SLEP85 as land of ecological sensitivity.

7f3 7a

Figure 10 - Kinghorne Point - Arrow Point Kinghorne ©Shoalhaven City Council 2013 The Kinghorne area is predominantly zoned Environmental Protection 7(f3) Foreshore Protection, however one parcel contains Environmental Protection 7(a) Ecology zone.

Planning Proposal – The Halloran Trust 7 Culburra, Callala Bay, Kinghorne Point Ref 25993

1.3 Subject Land

The lands, as can be seen from Figures 11, 14 & 15 following, are predominantly forested. The western parts of West Culburra are cleared grazing lands, zoned 1(d). A large area in the vicinity of Copper Cup Point on Lake Wollumboola (Figure 11) is also zoned 1(d). The lands within the study area, due to the extent of contiguous forest across the study area and those lands within the adjacent Jervis Bay National Park, are predominantly mapped as bushfire prone land.

Areas of the holding are prone to periodic inundation by flood waters due to their wetland nature or because they are immediately adjacent to the Crookhaven River, such as the West Culburra expansion area, illustrated in Figure 12 following. The 2050 flood planning level is 3.9m AHD, which takes into account an element of sea level rise influence on flood waters.

1.3.1 Culburra Beach

Culburra Beach Crookhaven River / Curleys Bay Cactus Pt

Swan Pt

Long Bow Pt Culburra Rd

Lake Wollumboola

Jervis Bay NP Copper Cup Pt

Figure 11 - Culburra Beach - Long Bow Point - Copper Cup Point Wollumboola ©Lands 2012

Planning Proposal – The Halloran Trust 8 Culburra, Callala Bay, Kinghorne Point Ref 25993

Figure 12 - 1% AEP Flood Planning Level from Draft SLEP2013 While detailed flora and assessment has not been undertaken over the whole of the identified Trust holdings, some assessment has been undertaken particularly for the lodged Part 3A application at West Culburra and for the Part 4 application (golf course) at Long Bow Point (including an SIS).

The submitted flora and fauna assessment report prepared by Whelans Insites Environment Consultants, with regard to the Long Bow Point Golf Course application, states that:

“Whilst the xeric open forest and woodland communities have previously been harvested for timber (as indicated by the large tree stumps present and the rarity of very large trees within the subject site), most of the forest and woodlands communities in the study area are in good to very good condition with respect to levels of degradation or disturbance and/or levels of weed infestation. There are, however, patches of significant weed infestation (Bitou Bush, Lantana and introduced grasses) within the subject site.”

The Whelans Insites report goes on to classify the vegetation communities found south of Culburra Road as:

Map Unit Description Corresponding EEC Modified Communities CD Cleared & Disturbed Xeric Communities D1a Grey Ironbark – Rough Barked Apple Open Forest D1b Grey Ironbark – Woolybutt Open Forest D2 Bangalay Woodland / Open Forest D3 Blackbutt Open Forest D4 Bangalay – Woolybutt – Rough Barked Apple Open Forest D5 Forest Red Gum Open Forest D6 Hard-leaved Scribbly Gum Woodland Mesic Communities M1a Swamp Oak – Eucalypt Open Forest on flats SSFCF

Planning Proposal – The Halloran Trust 9 Culburra, Callala Bay, Kinghorne Point Ref 25993

Map Unit Description Corresponding EEC M1b Eucalypt – Swamp Oak Open Forest on slopes M2a Swamp Paperbark Closed Forest SSFCF M2b Swamp Paperbark – Swamp Oak Closed Shrubland/Closed SSFCF Forest M3 Swamp Oak Closed Forest SOFF M4 Swamp Mahogany Open Forest SSFCF Wetland Communities W1b Sea Rush – Twig Rush Herbland W4 Artificial Wetland / Sedgeland

The xeric and mesic communities are likely to be typical of the whole study area, though there are other plant communities present.

Figure 13 - Lake Wollumboola catchment in relation to the three planning proposal study areas The West Culburra site is bisected by Culburra Road. The road is aligned to the south of the ridgeline that separates the catchments of Crookhaven River / Curleys Bay and Lake Wollumboola. The extent of the Lake Wollumboola catchment is illustrated on Figure 13 above. The catchment includes land north of Forest Road including part of the Woods Estate, Arrow Point and part of Kinghorne Point. The catchment also includes extensive areas of Jervis Bay National Park and other lands to the west that are not part of this Planning Proposal, including extensive areas of the existing township of Culburra Beach.

Planning Proposal – The Halloran Trust 10 Culburra, Callala Bay, Kinghorne Point Ref 25993

Aboriginal Archaeology

The Jervis Bay Settlement Strategy indicates that there are over 300 Aboriginal archaeological sites listed under the Aboriginal Heritage Inventory Management System database, within the Jervis Bay region. The region is characterised by rock shelters, middens and art sites among others, with the area generally being of significance to Aboriginal peoples.

The study area for this planning proposal comprises some 1681 hectares of coastal dune and hinterland for which some aboriginal archaeological assessment has been undertaken. There are very few archaeological sites within the areas surveyed to date for the Part 3A major project residential DA north of Culburra Road and that area of the Part 4 Golf Course DA at Long Bow Point.

There are numerous recorded sites outside the Trust properties, predominantly on the Crookhaven River foreshore within existing Crown Lands, but there are few registered sites within the study area. South Eastern Archaeology (SEA) found an additional three sites containing potential artefacts and these were recorded during fieldwork for the Part 3A Major Project.

There were a further two archaeological sites found within the investigation area of the Part 4 Golf Course application. The SEA report states:

“It is inferred that Aboriginal occupation of much of the investigation area would have generally been of a low intensity, and probably related to transitory movement through the landscape and hunting / gathering by small groups of people during the course of the normal daily round. No evidence of focused occupation was identified in the primary resource zone close to Lake Wollumboola, although in terms of stone artefacts, this may partially be a function of the very limited conditions of surface visibility, Nevertheless, no mounded midden deposits are evident, in contrast to the margins of the Crookhaven River north of the investigation area.”

Further investigation of the study area of this planning proposal will be undertaken in due course as this proposal moves on to the gateway process.

Development History

The Culburra site has been subject to a number of development applications under Part 4 of the Environmental Planning & Assessment Act, 1979 including:

 DA09/2669 – Lot 106 DP 875249– dwelling house on 40ha parcel or 1964 holding – consent issued 3/3/2010;  DA09/2675 – Lot 5 DP 1065111– dwelling house on 40ha parcel or 1964 holding – consent issued 2/3/2010;  DA10/1330 – Lot 6 DP 1065111 - dwelling house on 40ha parcel or 1964 holding – consent issued 30/4/2010;  DA10/1423 – Lot 8 DP 1065111– dwelling house on 40ha parcel or 1964 holding – consent issued 13/5/2010;  DA10/1451 – Lot 51 DP 112845– dwelling house on 40ha parcel or 1964 holding - consent issued 12/5/2010;  DA10/1469 – Lot 56 DP 755971 – dwelling house on 40ha parcel or 1964 holding – consent issued 13/9/2010;  DA10/1494 – Lot 7 DP 1065111– dwelling house on 40ha parcel or 1964 holding – consent issued 13/9/2010

Planning Proposal – The Halloran Trust 11 Culburra, Callala Bay, Kinghorne Point Ref 25993

 DA11/1728 – currently with Shoalhaven City Council for a golf course on land at Long Bow Point - undetermined

A Part 3A application is currently with the Department of Planning & Environment for determination over lands within the Halloran Trust holding – MP09_0088 – West Culburra Expansion area, predominantly on the northern side of the Lake Wollumboola ridge, north of Culburra Road. This application comprises predominantly standard residential subdivision in a new neighbourhood north of Culburra Road with provision for medium density in the town centre. The application includes a leisure hub at Cactus Point which is intended to provide tourist accommodation and other recreation facilities.

1.3.2 Woods Estate / Callala Bay

The Woods Estate area is, as seen on the aerial photograph in Figure 14 following, is forested land with little recent clearing having been undertaken within the properties. That part of this site north of Forest Road / Currarong Road is within the Lake Wollumboola catchment.

There have been two development applications for dwelling houses on lots over 40ha or existing holdings – DA11/1753 (Lot 2 DP 775060) and DA11/1754 (Lot 507 DP 877900), which are currently undetermined.

The area west of the existing settlement and north of Emmett Street (from its intersection with Road) was identified in the Jervis Bay Regional Plan as suitable for urban expansion.

The land fronting both sides of Forest Road, south of Currarong Road and to the west of Coonemia Road is a paper subdivision known as Woods Estate, consisting of over 600 allotments.

A SEPP14 coastal wetland extends within this study area, on Wowly Creek with a further wetland area upstream of the identified SEPP14 wetland, which extends towards Callala Bay Road.

Forest Rd Coonemia Rd Jervis Bay NP

Jervis Bay NP Currarong Rd SEPP14 wetland

Callala Bay

Figure 14 - Woods Estate / Callala Bay / Wollumboola - ©Lands 2012

Planning Proposal – The Halloran Trust 12 Culburra, Callala Bay, Kinghorne Point Ref 25993

1.3.3 Kinghorne

Kinghorne and Arrow Points are also largely vegetated, however there are clearings within the property, as illustrated on Figure 15 following. An obelisk has been erected on the property adjacent to the trigonometric station on the ridge (TS66443 Wollumboola), to the west of the road that provides access to Council’s public reserve at Kinghorne Point. The obelisk is inscribed “This marks the site of the proposed University of the City of St Vincent” in memory of the expansive development plans of Mr Henry Halloran for the Jervis Bay region as part of the port for Australia’s capital city.

Part of the site, generally north of Currarong Road and on the western side of the dunal ridge, is within the catchment of Lake Wollumboola, as shown in Figure 13 above.

Flora and fauna assessments have been undertaken for part of this site in the past, and endangered species are known to inhabit the area, particularly the Jervis Bay Leek Orchid (Prassophyllum affine).

Part of this land was subject to a development application for subdivision, into three concessional allotments and a residue, made prior to amendments to the SLEP85 which subsequently removed the concessional lot subdivision provisions from the LEP. These lots consisted of three (3) x 1ha parcels and the remainder of the individual paper subdivision properties in one residue lot. The three dwelling lots were located below the vicinity of the trigonometric point with views to the east. The application was withdrawn prior to completion of the flora and fauna assessment.

Copper Cup Pt Boalla Pt

Kinghorne Pt

Lake Wollumboola Jervis Bay NP

Trig & Obelisk

Arrow Pt Currarong Rd

Figure 15 - Kinghorne Point - Arrow Point Kinghorne ©Lands 2012

Planning Proposal – The Halloran Trust 13 Culburra, Callala Bay, Kinghorne Point Ref 25993

1.4 Background

The current Culburra Beach expansion area 2(c) zone was the result of a site specific amendment to the Shoalhaven Local Environmental Plan, 1985. Council pursued the rezoning of a large expanse of Halloran owned land surrounding Culburra Beach from rural to urban in the early 1980’s as a result of resolution of Council. At the time the resolution was made, the planning legislation applicable to the Shoalhaven was the Interim Development Order No1. The LEP was ultimately gazetted on 28 August 1992, as SLEP85 Amendment No 41 – illustrated in Figure 16 following.

LEP Amendment No 41 included significant areas of land zoned Residential 2(c) zone, with other lands being zoned Rural 1(a), Business 3(f), Industrial 4(a), Special Uses 5(a) including a high school, Open Space 6(a) & 6(b), Environmental Protection 7(a) and 7(b). This LEP should have been the result of a local environmental study, which should have reviewed the potential of the land for development for urban purposes. That study would have assessed the associated environmental implications of the proposed zones. The purpose of the LEP amendment, in line with Council’s original 1982 resolution, was to provide for the expansion of Culburra Beach township.

Figure 16 - SLEP85 Amendment 41 - Culburra Following the gazettal of the LEP, an application for a 3,000 lot residential subdivision on 195ha at Long Bow Point was made in 1993. The first stage comprised 837 lots in a layout designed to be consistent with the street pattern of Culburra Beach.

The application was undetermined at August 1995 due to community concern. Following a change in State government, the then Minister for Urban Affairs Planning used powers under Section 101 of the Environmental Planning & Assessment Act, 1979 to call in the development application and to become

Planning Proposal – The Halloran Trust 14 Culburra, Callala Bay, Kinghorne Point Ref 25993 the consent authority. The primary concerns related to the impacts of clearing on the water quality of Lake Wollumboola and the impacts of the development on flora and fauna communities within the catchment of the lake.

The Minister for Urban Affairs & Planning directed a Commission of Inquiry be held into the proposed development in August 1996.

The initial inquiry was held in October 1996 with an adjournment to allow the proponent to prepare a fauna impact statement. The Commission of Inquiry reconvened in September 1999 after the fauna impact statement became available for review.

While Council generally supported the subdivision application on the basis of each stage not progressing until the previous stage demonstrated the achievement of no net increase in water pollutants impacting upon Lake Wollumboola, there were a number of state agencies and community groups opposed to the proposal. The recommendation of the Commission of Inquiry was to refuse the application for the subdivision.

There are two applications currently undetermined within the Culburra Beach study area. An application for a private golf course lodged in 2011 under Part 4 of the EP&A Act with Shoalhaven City Council. This application is undetermined with on-going negotiations with SCC and DPE including the requirement to submit a Species Impact Study (recently finalised for Council submission).

In 2009 a Major Project application was lodged with the Department of Planning & Environment for a Concept Plan over part of the 2(c) residential zone in the West Culburra expansion area. This is now a Part 3A application lodged with the DPE in November 2013 and is as yet undetermined.

Under the provisions of the exhibited draft Shoalhaven Local Environmental Plan, 2009 originally placed on public exhibition in September & October 2011, there were substantial changes to the zone overlay for each of the three localities (the plan for Culburra was different at the 2013 exhibition) – as illustrated on Figures 17 – 19 following.

At Council’s 8 May 2012 Special Development Committee meeting to consider the submissions made to the DSLEP2009 exhibition in relation to the Lake Wollumboola catchment, the following recommendation was put to the Committee in the report - RECOMMENDATION 16: a) The area of RU2 zoned land north of Culburra Road that formed part of the Culburra Urban Expansion area and within the catchment of Lake Wollumboola be changed to E2 consistent with the land south of Culburra Road; b) Amend the zoning of Lots 62, 63, 80, 81 and 90 DP 755971 from RU1 Primary Production to RU2 Rural Landscape to correct a mapping error; and c) Retain remaining zones in the Lake Wollumboola catchment and surrounds as exhibited in draft LEP 2009.

However the following recommendation was made by the Committee after the discussion of the relevant report for Lake Wollumboola: a) The rezoning of the area of RU2 zoned land north of Culburra Road that formed part of the Culburra Urban Expansion area be reconsidered after the Part 3A application has been determined;

Planning Proposal – The Halloran Trust 15 Culburra, Callala Bay, Kinghorne Point Ref 25993 b) Council amend the zoning of Lots 62, 63, 80, 81 and 90 DP 755971 from RU1 Primary Production to RU2 Rural Landscape to correct a mapping error; and c) The remaining zones in the Lake Wollumboola catchment and surrounds be deferred pending a staff report on possible zoning for the area that would allow a golf course on the site.

An alternate Motion was moved by Clr Fergusson, seconded Clr Findley, that: a) The area of RU2 zoned land north of Culburra Road that formed part of the Culburra Urban Expansion area and within the catchment of Lake Wollumboola be changed to E2 consistent with the land south of Culburra Road; b) Amend the zoning of Lots 62, 63, 80, 81 and 90 DP 755971 from RU1 Primary Production to RU2 Rural Landscape to correct a mapping error; and c) Retain remaining zones in the Lake Wollumboola catchment and surrounds as exhibited in draft LEP 2009. The MOTION upon being PUT to the meeting was declared LOST.

However, the final resolution was:

RESOLVED on a MOTION of Clr Watson, seconded Clr Proudfoot, that: a) The rezoning of the area of RU2 zoned land north of Culburra Road that formed part of the Culburra Urban Expansion area be reconsidered after the Part 3A application has been determined; b) Council amend the zoning of Lots 62, 63, 80, 81 and 90 DP 755971 from RU1 Primary Production to RU2 Rural Landscape to correct a mapping error; and c) The remaining zones in the Lake Wollumboola catchment and surrounds be deferred pending a staff report on possible zoning for the area that would allow a golf course on the site. d) Following the presentation at the Special Development Committee Council agree to consider the rezoning of the cleared land at the Western end of the existing zoned land located on the northern side of the Culburra Access Rd, as compensation for the de-zoning of the Long Bow point area, and that this be a separate process from the present Plan.

It would appear clear from the above resolution that Council’s intention was to support land for a golf course within the Culburra Beach expansion area. Further, it was also Council’s intention to support residential rezoning of the cleared western lands for residential purposes, but that was not included in the Draft LEP public exhibition in April – May 2013.

A further submission was made on the landowner’s behalf to the public exhibition in 2013 and in Council’s Special Development Committee report presented to the Committee in July & August 2013, the report stated:

“The submission received from the landowner objects to the “down zoning” of the land at Low Bow Point and expressed concern in relation to the impact of the proposed zones on the current application for a golf course. The submission notes that discussions have been held with the Minister for Planning and Infrastructure in relation to a broad and long-term solution for their landholdings.

The landowner requests that Council not change the zoning of the land at this time given the inadequately supported conclusions from previous investigations into the environmental status. Although the landowner’s submission did not specifically examine other parcels of Halloran land within Shoalhaven, recent discussions held with Council indicate the landowner requests deferral of all landholdings from LEP 2013 until a comprehensive master plan for all the Halloran lands in the area is agreed upon.”

Planning Proposal – The Halloran Trust 16 Culburra, Callala Bay, Kinghorne Point Ref 25993

E2

R1 IN1 B2 RE1

E2

RU2

E3

Figure 17 – Publicly exhibited Draft SLEP 2013 - Culburra Beach- zone overlay

E2 RU2

Figure 18 - Publicly exhibited Draft SLEP2013 - Callala Bay Woods Estate / Wollumboola – zone overlay

Planning Proposal – The Halloran Trust 17 Culburra, Callala Bay, Kinghorne Point Ref 25993

E3 E2

Figure 19 - Publicly exhibited Draft SLEP 2013 - Kinghorne & Arrow Points – zone overlay

Planning Proposal – The Halloran Trust 18 Culburra, Callala Bay, Kinghorne Point Ref 25993

2. Part 1 - Objectives

The objectives of this Planning Proposal are:

 To resolve the future development of the Halloran Trust land holdings in Culburra Beach / Wollumboola, Kinghorne / Arrow Points and Woods Estate / Callala Bay / Wollumboola, to enable appropriate urban or other appropriate low key development and long term conservation through gift to the NSW government. Provision of land for public purposes is to be identified and to provide certainty of land use potential for the owner, while achieving optimal land use allocation that balances conservation with urban development.

 To integrate the provision of infrastructure with an end-state land use plan;

 To integrate the provision of social infrastructure with an end-state land use plan;

 To provide a range of residential environments and densities, appropriate to this coastal location;

 To diversify the range of tourist and recreation facilities available to visitors and residents by identifying appropriate sites;

 To establish Culburra Beach as a significant town in terms of the range of services and facilities that will be available;

 To promote employment opportunities at Culburra Beach;

 To manage risks to future development as a result of natural hazards, such as flooding and bushfire;

 To be guided by the South Coast Regional Strategy and to respond to the recommendations of the Sensitive Urban Land Review Panel in regard to the protection of the catchment and water body of Lake Wollumboola;

 To manage environmental risks such as stormwater pollution from adversely impacting upon oyster leases within the Crookhaven River / Curleys Bay;

 To determine the most appropriate areas for offsets having regard to the competing claims for land for urban uses and land to be conserved;

 To facilitate long term security of tenure for environmentally sensitive lands for environmental protection purposes.

Planning Proposal – The Halloran Trust 19 Culburra, Callala Bay, Kinghorne Point Ref 25993

3. Parts 2, 3 and 4 – Explanation of Provisions, Justification & Planning Proposal Maps – West Culburra Expansion Area

The future zoning of the three identified significant Halloran Trust land holdings has been subject to detailed consideration of numerous options, with the preferred option being included as Attachment Seven following.

Ultimately, a full spectrum of LEP overlays will be provided for the site in accordance with those provided in Council’s LEP2014 including Lot Size, Height of Buildings, Floor Space Ratio, Heritage, Natural Resource Biodiversity etc. as relevant. Initially we propose a master plan approach to the future development of each area as outlined below.

Figure 20 - proposed Land Uses at Culburra Beach (A3 version provided in Appendix 7) The proposal for Culburra Beach is to reduce the Residential zone identified on the existing Shoalhaven Local Environmental Plan, 1985 from its current boundary (as depicted on Figure 7 above – page 5) to an area north of Culburra Road largely outside the catchment of Lake Wollumboola.

It is intended that the existing forested lands adjacent to Culburra Road be retained to maintain the current forested streetscape entry along Culburra Road, while identifying an area between that retained forest & the northern residential area. This area is within the catchment of Lake Wollumboola where it may be possible to undertake some urban development.

This planning proposal results in an extension of residential development areas from that identified on the publicly exhibited Draft SLEP2013 (DLEP illustrated on Figure 14 above), taking in the use of land at Cactus Point for urban purposes as per Council’s resolution of 21 June 2012. The principle land uses

Planning Proposal – The Halloran Trust 20 Culburra, Callala Bay, Kinghorne Point Ref 25993 proposed for the West Culburra expansion area are illustrated on above Figure 20 and in Attachment Seven.

The proposed land uses are:

 Residential development in the form of a new neighbourhood including various housing types and associated facilities, infrastructure public reserves and active waterfront recreation facilities;  Commercial / retail / tourist development land uses within the urban expansion area;  General Industrial adjacent to the existing industrial area – retention of the existing industrial zoned land;  Low environmental impact private outdoor recreation, such as a golf course and conservation areas;  Conservation and protection of areas of ecological and cultural significance through the gifting of land to the NSW Government.

The urban expansion area will allow for the incorporation of additional lands as public reserve through the future subdivision design, as well as roads, sewer, water and drainage infrastructure. Appropriate areas have been specifically provided for tourist & visitor accommodation sites and food & drink premises to provide surety of development so that future residents will know that the sites are proposed to be used for designated commercial purposes. Similar sites have been identified in the Part 3A West Culburra Concept Plan currently with DPE.

3.1 NEED FOR THE PLANNING PROPOSAL – SECTION A

3.1.1 Question 1 - Is the Planning Proposal a result of any strategic study or report? This planning proposal has principally arisen from a resolution of Shoalhaven City Council in their consideration of the Draft Shoalhaven Local Environmental Plan, 2013 as previously outlined.

Over recent decades, the lands around Culburra Beach have had a fluctuating future. The absence of sewerage was a major constraint to urban expansion until the 1980’s when Shoalhaven City Council undertook an environmental planning assessment of the area in accordance with the new EP&A Act (1979). That assessment concluded with the provision of a new STP located at Culburra Beach servicing the existing Culburra Beach township as well as Callala Bay and allowing for an additional 3,000 dwellings.

Then, circa 1990, the State Government decided to establish the Jervis Bay National Park which comprised disparate parcels of Crown Land, some former State forests and certain private lands identified for compulsory purchase. All of the privately owned land between the Crookhaven River and Jervis Bay was held by Realty Realizations Pty Ltd or its subsidiary companies.

The land identified for acquisition was approximately 50% of the land owned by Realty Realizations P/L. The land excluded from acquisition included land west of Culburra Beach, land north of Callala Bay and land at Kinghorne.

It would be a reasonable assumption that these lands were not identified for acquisition due to a combination of three factors:  their ecological value (as National Park) was not high enough to warrant acquisition;  their potential for urban development as expansion to existing settlements had to be taken into account; and

Planning Proposal – The Halloran Trust 21 Culburra, Callala Bay, Kinghorne Point Ref 25993

 the existing pattern of subdivision (the so called paper subdivisions) may have appeared prohibitive in administration and cost terms.

Overall it is considered unlikely that cost of acquisition of these additional lands was a determining factor.

In the case of Culburra Beach, this approach could have dovetailed nicely with Council’s evolving land use strategy for urban expansion westward. It is reasonable to conclude that the determination of the boundaries of land to be acquired was carried out in consultation with Council.

The oscillations in policy resulted in Council adopting the resolution of (resolved at Special Development Committee 31 July 2013).

The July 2013 resolution of Council reflects a view, strongly expressed by the local community, that the growth of Culburra is unreasonably constrained by zoning limitations. This view is reinforced by the down- zoning of large areas identified for urban development in SLEP1985 in the subsequent proposed zonings (Draft SLEP2009 and Draft SLEP2013). These down-zonings flowed from the Commission of Inquiry (COI) into a proposed development at Long Bow Point, which made the following recommendations:

“I recommend refusal of the proposal due to its unacceptable environmental impacts, including loss of water quality of the important Lake Wollumboola and loss of fauna and habitat of conservation value.

Areas of the site identified as having conservation value should be protected and not cleared or modified based on likely adverse impacts to threatened fauna or threatened fauna habitat. Similarly the highest levels of protection from pollution or impacts are required for the important Lake Wollumboola to protect habitat and fauna, including threatened species.

Review of overall planning controls is warranted to assist both the Applicant and agencies with integrating the Commission’s precautionary and staged development approach in this sensitive and important environment.”

Submissions to the COI from several State Government agencies (DUAP, EPA, DLaWC, Fisheries, NPWS, RTA) together with those from local and state environmental groups emphasised the ecological significance of Lake Wollumboola and its catchment.

During this time, the Department of Planning was preparing the South Coast Regional Strategy. The subject lands were referred to the Sensitive Urban Land Review Panel, a panel established to review a range of potential sites for urban expansion along the south coast.

The panel determined that “land within the catchment of Lake Wollumboola is considered unsuitable for urban development, principally on the grounds of the potential negative impacts on the Lake which is a sensitive ICOLL”.

Two points emerge from this determination. One is that it is the water quality in the lake which is the primary determinant of the determination; the other is that the Panel only ‘considers’ the catchment unsuitable for urban development. The Panel could have said ‘urban development should not be allowed in the lake catchment’.

A subsequent report for the proponent (Simmons, Beveridge and Maheshwari, 2009: UWS Study - Water Quality Assessment - Lake Wollumboola & Crookhaven River (Determining the relationship between land use and waterway quality) investigated the water quality in the lake and concluded that the dominant

Planning Proposal – The Halloran Trust 22 Culburra, Callala Bay, Kinghorne Point Ref 25993 characteristics of the water quality in the lake was the change in salinity due to the open/closed nature of the water body and that urban development in the catchment was feasible providing the recommendations of another study commissioned by the proponent (O’Loughlin & Robinson Robinson Water Consultants 2008 – Culburra Water Quality Report). These recommendations were based on an early version of MUSIC. Subsequent versions of MUSIC are a significant improvement on this earlier version.

Following the commissioning of the Robinson Water Consultants report (2009) & Simons et al report (2008) extended discussions were held with DPE in an attempt to achieve a comprehensive plan for the resolution of land uses west of Culburra Beach.

These discussions concluded with DPE indicating they would be responsive to a proposal for urban development outside of the catchment of Lake Wollumboola. That was to become the Part 3A proposal currently with DPE awaiting determination.

The form of development that is dictated by this decision is recognised as being fundamentally inefficient – it is a narrow strip of development about 2.5km long by 300m wide – and in part this planning proposal aims to increase the efficiency of the form of development by ‘doubling – up’ on the collector road, which is a bus route. This will enable this key structural element of the plan to achieve significant efficiencies in terms of public transport and community convenience.

This planning proposal remains generally consistent with the Jervis Bay Settlement Strategy (JBSS) and the South Coast Regional Strategy (SCRS).

 The JBSS states “review the planning controls for the existing urban expansion area in light of the Commission of Inquiry and Ministerial decision on the proposed Long Bow Point subdivision”. It was determined that the area currently zoned residential, west of Culburra Beach township, could provide an additional 3,200 dwellings in the locality.

 Endeavours have been made through utilising the sustainability criteria of the SCRS, to comprehensively assess the best allocation of land in order to resolve conflicts and achieve a high level of conservation balanced with some urban development. This is to be achieved in a sensitive manner to meet the recommendations of the Independent Review Panel on the Sensitive Coastal Lands, particularly with regard to the Culburra Beach expansion area.

 Inconsistencies with the JBSS addressed through the sustainability criteria include:

o some urban development between Culburra Road and the Lake Wollumboola catchment ridge line at West Culburra; o expansion of the West Culburra area into the catchment of the Crookhaven River to Cactus Point and an area south west of Cactus Point; o retention of Long Bow Point for low environmental impact outdoor recreation, such as a Golf Course and with conservation. o Gifting of large expanses of land adjacent to the Jervis Bay National Park south of Culburra Road (excluding Long Bow Point) to the NSW Government.

 Some parts of this study area have been assessed under current legislative requirements for threatened species, Aboriginal Cultural Heritage, European heritage significance, bushfire mitigation measures and water quality among others for the Part 3A & Part 4 applications currently before the DPE and Shoalhaven City Council, or other previously determined & approved applications.

Planning Proposal – The Halloran Trust 23 Culburra, Callala Bay, Kinghorne Point Ref 25993

3.1.2 Question 2 - Is the planning proposal the best means of achieving the objectives or intended outcomes, or is there a better way?

In the circumstances of this case, it is considered that a planning proposal is the best mechanism for achieving the overall master planning approach for the Halloran Trust land holdings deferred from SLEP2014. This planning proposal provides an opportunity for site specific and detailed investigation that could not be achieved through the overall SLEP85 transfer to the standard template format, particularly with the proposed reduction in the residential zones due to the Sensitive Urban Land Review Panel recommendations for the Culburra Expansion area proposed by Draft SLEP2013.

There have been numerous higher level reviews of land within this study area, particularly that at Long Bow Point for which a Commission of Inquiry and an Independent Review Panel made recommendations for development within the catchment of Lake Wollumboola. A site specific planning proposal approach can guide the assessment and provide a suitable outcome or alternative outcomes which result in a better environmental outcome for the catchment of the lake, partly through long term conservation.

The detailed assessment of each site will inform the master plan and determine the zone boundaries along with the appropriate lot sizes for each area, as the planning proposal moves through the gateway process if the planning proposal is supported initially by Shoalhaven City Council as the relevant planning authority.

As provided in the Executive Summary, the Minister for Planning & Infrastructure, through the notification of the Shoalhaven Local Environmental Plan, 2014 deferred land within the ownership of The Halloran Trust from the provisions of SLEP2014, but only until 29 August 2014 to permit the submission of a Planning Proposal for the deferred lands. Necessary studies to be prepared into the future of this planning proposal for the Culburra Expansion study area include but are not limited to:

 Threatened species assessment including potential areas for long term conservation in lieu of development as partial offsets within the study area;  Geotechnical assessment, including potential acid sulfate soils determination and acid sulfate management plans as necessary;  Stormwater management, water quality control and monitoring;  Infrastructure provisioning;  Traffic impact assessment;  Bushfire assessment in accordance with Planning for Bushfire Protection;  Visual analysis where necessary with regard to foreshore areas which may be subject to a zone which permits development;  Aboriginal archaeological assessment;  Other studies required by Council or Department of Planning & Environment though the Gateway Process

There is a very valuable net benefit to the wider community through the proposed long term conservation of land within the Lake Wollumboola catchment, in accordance with the provisions of the Jervis Bay Settlement Strategy and the South Coast Regional Strategy.

There is a community benefit in the expansion of Culburra Beach, achieving Council’s aim of the Jervis Bay Settlement Strategy and South Coast Regional Strategy as a town, a higher order centre with improved commercial and service facilities. There is a strong community benefit in extending the range of

Planning Proposal – The Halloran Trust 24 Culburra, Callala Bay, Kinghorne Point Ref 25993 leisure activities available to the local community of Culburra Beach and the wider community of the Shoalhaven.

Further community benefit is achieved through the long term conservation of significant ecology, threatened species habitat or endangered ecological community, Aboriginal heritage cultural artefacts, etc. through gifting of significant lands to the NSW Government.

Community benefit arise from increased bush fire mitigation and protection measures around existing townships, by incorporating what are effectively strategic asset protection zones as a buffer to development, through the use of open space or larger lots in the peri-urban environment. This accords with S117 Local Planning Direction 4.4 – Hazard & Risk – Planning for Bushfire Protection.

This planning proposal also provides for the social and economic welfare of the community and a better environment through the co-ordination of the orderly and economic use and development of land as provided in the EP&A Act objects. The Culburra Beach expansion proposed in this master plan provides for the efficient use of land designated for urban purposes, integrating appropriate infrastructure provisioning and staged urban release over the next 30 years, permitting more sensitive lands to be held in long term conservation.

3.2 RELATIONSHIP TO STRATEGIC PLANNING FRAMEWORK – SECTION B

3.2.1 Question 3 - Is the planning proposal consistent with the objectives and actions contained within the applicable regional or sub-regional strategy?

3.2.1A South Coast Regional Strategy – relevant actions provided in the SCRS that are applicable to the study area include:

Natural Environment:

 New urban development is to be prohibited by local environmental plans on land assessed as being of high conservation value; and appropriate planning controls are to be incorporated into LEPs to protect biodiversity values on land of lower conservation value.

 Local environmental plans will not include further residential or rural – residential zoning in the catchment of coastal lakes and estuaries shown on Map 2 unless it is demonstrated that a neutral or beneficial effect on water quality as measured at the boundary of the proposed new zoning plan can be achieved. In certain circumstances it may be possible to use offsetting actions to ensure improved water quality in the coastal lake or estuary.

 Councils will review the suitability of planning controls in existing urban zoned and undeveloped lands in the catchments of nominated coastal lakes and estuaries. Councils will consider the NSW Government – endorsed estuary management and coastal zone management plans and Coastal Lake Sustainability Assessments in undertaking this task.

 Future development in the catchments of SEPP 14 wetlands will need to demonstrate no net impact on the hydrology, water quality or ecology of these wetlands.

Planning Proposal – The Halloran Trust 25 Culburra, Callala Bay, Kinghorne Point Ref 25993

Comment:

This planning proposal seeks to retain some of the currently zoned residential land north of Culburra Road within the catchment of Lake Wollumboola to enable further investigations to be undertaken to determine if there is a neutral or beneficial impact upon the water quality of Lake Wollumboola, to permit the efficient expansion of the township of Culburra Beach.

The landholder seeks to create a Master Plan in which areas of high conservation value will be protected through gifting lands south of Culburra Road (excluding Long Bow Point) to the NSW Government.

This planning proposal aims to reduce the extent of currently zoned urban lands within the Lake Wollumboola catchment, while complying with the sustainability criteria of the SCRS. The lands at West Culburra proposed to be zoned for urban purposes are less constrained by catchment issues, particularly as a large area of the proposed urban lands are outside the catchment of Lake Wollumboola, e.g. Cactus Point.

Land for the purposes of low environmental impact outdoor recreation and conservation are set aside for Long Bow Point, to determine if such recreation can be undertaken with a neutral or beneficial impact upon the water quality of Lake Wollumboola and the associated SEPP14 wetlands.

Natural Hazards:

 Local environmental plans will zone areas subject to high hazard to reflect the limitations of the land

Comment:

Natural hazard assessment for this planning proposal into the Gateway process will predominantly relate to include flood risk assessment and bushfire risk assessment.

There is little land identified within the study area mapped as flood prone land on Council’s LEP maps and this planning proposal in the main seeks to zone lands that may be liable to periodic inundation as public reserve, and not utilise such lands for residential development. The foreshore of the Crookhaven River is mapped as flood prone, some of which is within the study area (Figure 9 above). Residential development adjacent to Canal Street East will be above the flood planning level identified on Council’s map.

While the study area is largely identified as bushfire prone land (the exception being Cactus & Copper Cup Points which contain expansive agricultural clearings currently used for grazing purposes), future residential development can occur within the study area taking the potential impact of bushfire into consideration, with ameliorative measures to reduce the risk, threat and hazard through appropriate lot sizes on the peri-urban fringe. This will also aid the protection of adjacent existing township of Culburra Beach.

Housing and Settlement:

 Department of Planning will work with Council’s, developers/landowners and relevant State agencies, using the recommendations of the Sensitive Urban Lands Panel to guide finalisation of the development form and environmental management of the sensitive urban lands.

Planning Proposal – The Halloran Trust 26 Culburra, Callala Bay, Kinghorne Point Ref 25993

 Only urban areas in endorsed strategies will be supported – i.e. Jervis Bay Settlement Strategy.

 Any additional development proposal will need to demonstrate that it can satisfy the Sustainability Criteria.

 Appropriate housing mix targets to meet the needs of smaller households and an ageing population.

Comment:

The Sensitive Urban Lands Review recommendations provide that “land within the catchment of Lake Wollumboola is considered unsuitable for urban development, principally on the grounds of the potential negative impacts on the Lake which is a sensitive intermittently closing and opening lake or lagoon (ICOLL).”

Lands within the catchment of Lake Wollumboola identified as urban are nominated for further investigation for suitability for this purpose as subsequent detailed assessment will be undertaken to determine whether certain urban development can occur within the Lake Wollumboola catchment while meeting the sustainability criteria of the South Coast Regional Strategy. Further discussion on compliance with the sustainability criteria is provided in Appendix Five following. Much of the proposed urban development zone at West Culburra is within the catchment of the Crookhaven River.

The Robinson Water Consultants 2009 report previously demonstrated, using MUSIC modelling, that residential and other urban development (including playing fields) was feasible within the Lake Wollumboola catchment, with the post development flows within the catchment being below pre development flows due to the use of rainwater tanks on dwellings and bio-retention basins.

Figure 21 - Robinson Water Consultants 2009 overall MUSIC model results The Jervis Bay Settlement Strategy has been endorsed by the Department of Planning & Environment and is relevant to this planning proposal. The outcomes achieved in this planning proposal generally comply with the provisions of this strategy.

The settlement principles plan (Map 10 JBSS) noted that part of the Halloran Trust land holdings at Culburra Beach within the catchment of Lake Wollumboola were to be reviewed “to provide more

Planning Proposal – The Halloran Trust 27 Culburra, Callala Bay, Kinghorne Point Ref 25993 appropriate zones in light of COI findings”. This planning proposal provides a reasonable outcome in this regard, with some urban development within the catchment subject to further detailed investigation but the catchment is predominantly conserved.

Economic Development and employment growth:

 LEPs protect and add to employment lands in existing economic centres.

 LEPs will ensure that appropriate land will be made available to provide for a range of tourism experiences and forms of tourist accommodation.

Comment:

This planning proposal seeks to retain the existing undeveloped industrial land at Culburra Beach providing for a range of future employment opportunities, along with tourist accommodation land uses and expansion of the existing town centre as ancillary employment sources.

Rural Landscapes and rural communities:

 Limited areas for additional rural residential must be located on cleared lands unsuitable for urban or agricultural uses and will only be agreed to by the Department as part of an endorsed growth management strategy or structure plan.

 The location of non-compatible uses in core productive agricultural areas will be limited to allow agricultural land to be used for farming.

 The scale of development within and adjacent to existing villages and rural towns will support the role of the town in serving communities and preserve its character, scale cultural heritage and social values.

Comment:

There is an area of prime crop and pasture land, as identified on the Department of Agriculture 1986 Agricultural Classification Maps, located in the vicinity of Copper Cup Point, south of Long Bow Point and it consists of an expanse of cleared pasture of approximately 55 – 60ha. This area is part of a broader expanse of land proposed to be largely conserved through this planning proposal via gifting to the NSW Government.

Rural primary production is not compromised through the loss of the abovementioned prime crop and pasture land to conservation under this planning proposal, as that land is currently used in conjunction with other lands formerly owned by Mr Halloran for rotational grazing (i.e. ‘Reganville’ on Culburra Road now owned by The Presbyterian Church Property (NSW) Trust – The Scots College).

Cactus Point consists of primarily cleared land as are the adjacent lands to the north east & east (as illustrated on Figure 11) which is currently used for grazing purposes. This land is not mapped as prime crop and pasture land and has attributes which allow it to be suitably used for urban development purposes. Further, Council has resolved (Recommendation 16 previously mentioned) to permit urban expansion into this area in lieu of other more sensitive lands to be conserved.

Planning Proposal – The Halloran Trust 28 Culburra, Callala Bay, Kinghorne Point Ref 25993

Cactus Pt

Copper Cup Pt

Figure 22 - Agricultural Land Classifications Cultural Heritage:

 Ensure that Aboriginal cultural and community values are considered in the future planning and management of the local government area.

Comment:

As provided in the JBSS, there are over 300 culturally significant sites listed on the OEH Aboriginal Heritage Inventory Management System within the Jervis Bay area.

Detailed assessment is yet to be undertaken for the whole of the study area; at a minimum 183 hectares have been assessed for their potential to contain Aboriginal archaeological artefacts for the championship golf course development application currently with Shoalhaven City Council for assessment and determination.

It was found during the investigation that there were no sites of Aboriginal heritage previously identified within the subject investigation area. During the investigations however, two previously unknown sites were found within the study area. It is noted in the SEA investigation report that areas surrounding Lake Wollumboola are likely to have a lower density of artefacts compared to sites located along the Crookhaven River due to the accessibility of the foreshore and likely lack of shellfish stocks.

Site assessment has also been undertaken in association with the Part 3A Major Project Culburra Beach expansion with similar results to that for the golf course study. Further investigation will be undertaken as necessary to progress this proposal through the gateway process.

Planning Proposal – The Halloran Trust 29 Culburra, Callala Bay, Kinghorne Point Ref 25993

3.2.1B Jervis Bay Settlement Strategy: relevant actions of the JBSS that are pertinent to this planning proposal are identified as follows:

Water quality and flow:

 All development will meet the statutory requirements of the Jervis Bay Regional Environmental Plan 1996 in respect of Clause 11 – Catchment Protection.

 New development will be located and designed so as to avoid detrimental impacts on waterbodies and watercourses, including groundwater. Where there are management impacts, erosion and sediment control measures and means to mitigate nutrient and other pollutants should be provided on the development site and be excluded from areas set aside for the protection of natural or cultural attributes.

 New development will be designed so that domestic effluent management does not have a detrimental impact on water quality and flow

 New development, including infrastructure (e.g. stormwater controls), will be located, designed and constructed in a manner which does not degrade land based or aquatic ecosystems or processes.

 Infrastructure works will not have a detrimental impact on the water quality of receiving waters in the region.

Comment:

The EPA Water Quality and River Flow Objectives (2006) will be addressed through further investigation reports into the gateway process for this planning proposal. Proposed urban development will be connected to a reticulated sewage network to reduce adverse water quality impacts on oyster leases.

As previously outlined, the Robinson Water Consultants report, 2009, demonstrated through the use of MUSIC modelling that urban development can be undertaken with post development flows achieving reduced nutrient levels in adjacent waterbodies than pre development flows.

Freshwater, Marine and Estuarine Biodiversity:

 Freshwater, marine and estuarine attributes such as mangrove forests, salt marshes, sea grasses and other aquatic, marine or estuarine habitat will be protection from the impacts of new development in the region.

 Significant populations of, and habitats for, threatened species, populations and ecological communities listed under the Fisheries Management Act will be conserved and managed under proposed planning instruments associated with new development.

 Public access to riparian, marine and estuarine areas may be provided if such access can be achieved without or with minimal disruption to freshwater, marine or estuarine biodiversity.

Planning Proposal – The Halloran Trust 30 Culburra, Callala Bay, Kinghorne Point Ref 25993

Comment:

Water quality via stormwater runoff from developed areas is likely to be the largest concern for adverse impacts upon freshwater, marine and estuarine biodiversity. Council has previously determined (as provided in the Wollumboola Estuary Management Plan) that development within the Lake Wollumboola catchment can occur provided that there is no net increase in nutrient or sediment, through appropriate staging, quality control and monitoring. The Lake Wollumboola Estuary Management Plan requires proponents “to provide a pollution risk map, showing the potential for any location within the development that, if disturbed (fine and course [sic]), will generate sediment or nutrient in flows to the lake”.

Further detailed investigations will be undertaken for those areas proposed to be developed for urban investigation purposes within the Lake Wollumboola catchment where studies have not be undertaken to date. As identified in previous comments on the Part 3A major project Culburra Beach urban expansion and the Part 4 Golf Course application, detailed studies have been undertaken for those applications and mitigation measures have been recommended. The latter proposal does not involve urban development and is considered to be consistent with the recommendations of the Commission of Inquiry.

These studies are based on up to date best practice methodologies and ground truthing. There have been a number of technological advances in stormwater quality modelling and management techniques since the Long Bow Point Commission of Inquiry that leads to the conclusion that some development within the catchment can occur without significant adverse impact upon water quality or ecological communities & natural cycles of the Lake.

Land based biodiversity:

 New settlement in the region will meet the statutory requirements of the Jervis Bay REP in respect of Clause 14 (Habitat Corridors) and Clause 15 (Disturbed Habitat and Vegetation).

 New settlement will be located and designed so as to avoid detrimental impacts on land-based biodiversity.

 Decisions regarding the location and design of new development in the region will recognise that the conservation of biodiversity is dependent on maintaining landscape connectivity through a native vegetation system of National Parks, habitat corridors established by the JBREP, environment protection zones under the Shoalhaven Local Environmental Plan, and bushland on private property.

 Policy options to offset unavoidable impact(s) of new development on land-based biodiversity in the region will be explored. These options may include strategies for mitigation and compensatory habitat, and will be investigated at all levels of the planning system.

 The habitat values, ecological and hydrological processes of wetlands will be conserved and managed so that the impact of development in the catchments of wetlands (SEPP14 and other) will be minimised.

 Remnant vegetation will be conserved and protected where-ever possible to maintain and increase natural species diversity.

Planning Proposal – The Halloran Trust 31 Culburra, Callala Bay, Kinghorne Point Ref 25993

 Locally significant habitat corridors not identified in the JBREP will be addressed at all levels of the planning system, to protect locally significant biodiversity values.

Comment:

Land based biodiversity has been studied over large parts of the site for the 1993 Long Bow Point subdivision, the West Culburra expansion area Part 3A application and the Part 4 Golf Course application. These studies have identified areas of high conservation value or determined where lands are suitable for development.

There may be lands within the overall holding with significant conservation attributes that can be offset as conservation areas generally in accordance with the Natural Environment actions of the South Coast Regional Strategy & JBSS, permitting urban development to be undertaken in marginal habitat locations in other areas of the West Culburra area. With the exception of part of Long Bow Point and that part of the Lake Wollumboola catchment between the ridge and Culburra Road, long term conservation is proposed of lands within the Lake Wollumboola catchment for offset purposes, through gifting of the identified lands within the catchment to the NSW Government.

Soils:

 Areas of potential acid sulfate soils will be identified and excluded from new development areas in the region.

Comment:

Areas of high potential for acid sulfate soils at ground surface or within 1m of ground surface are largely located immediately adjacent to the Crookhaven River / Curleys Bay and Downes Creek. Acid sulfate soils are characteristic of periodic influence of floodwaters in coastal riverine and estuarine environments.

Additional lands proposed to be developed for urban purposes under this planning proposal are not characterised by the potential to contain acid sulfate soils; detailed assessment will be undertaken in the future to ensure that development and the marine environment will not be adversely impacted by actual acid soils.

Landscape:

 New settlement in the region will meet the statutory requirements of the JBREP in respect of clause 12 – Landscape Quality and where-ever possible landscape values should not be compromised by new development.

 New subdivision and housing will be designed in sympathy with the landscape features of the locality.

 Important visual aspects of the landscape will be identified and conserved, including the aesthetic quality of the coastal landscape.

Comment:

Clause 12 of the JBREP states:

Planning Proposal – The Halloran Trust 32 Culburra, Callala Bay, Kinghorne Point Ref 25993

“A proposal must: (a) maintain the visual quality of a waterbody, a wetland, or a foreshore dune, and (b) maintain distinct urban communities that have an individual identity, and (c) let the landscape, not the structures, be the dominant feature outside the settlements, and (d) allow the existing tree canopy, on or around the site, to dominate.”

Within the JBREP area the visual quality of the lake, foreshore and wetlands will be preserved as there is limited new development within those areas. Lands adjacent to Lake Wollumboola will be conserved in conjunction with low environmental impact outdoor recreation pursuits and conservation.

In terms of the West Culburra expansion area, the intention is to retain the existing forested streetscape appearance of Culburra Road with the retention of a wide public reserve buffer to the urban expansion development to the north (e.g. 100m in width). Further, vegetated foreshore areas within the REP area will be retained for conservation, with other high biodiversity areas also being conserved through gifting to the NSW Government for example, for additional protection. In these ways the landscape will largely dominate as it currently appears to the travelling public.

Within the development areas of the urban expansion precincts, it is proposed that these be fully developed for urban subdivision purposes but interspersed with appropriately located public reserves, in lieu of development within the conservation areas south of Culburra Road.

Cultural Heritage:

 All development meet the statutory requirements of the JBREP in respect of Clause 13 – Cultural Heritage

 The Aboriginal and European heritage significance of the landscape will be recognised and assessed prior to new development proposals in the region.

 Significant cultural heritage places, items and landscapes will be conserved and managed, and not detrimentally affected by new development in the region.

Comment:

Some Aboriginal and European heritage assessment has been undertaken to date for currently lodged and undetermined applications. This will be expanded as necessary for the proposed development & investigation areas in accordance with current due diligence best practice guidelines.

Bushfire:

 Appropriate asset protection zones will be incorporated into planning instruments associated with new settlement in the region in accordance with the requirements of S117 Direction Planning for Bushfire Protection.

 Asset protection zones associated with new development will be contained within the developable areas, and will be excluded from areas set aside for the protection of natural or cultural attributes.

 New settlement will be planned to include bushfire risk management measures that are relative to the associated fire risk in the locality

Planning Proposal – The Halloran Trust 33 Culburra, Callala Bay, Kinghorne Point Ref 25993

 The implementation of bushfire risk management measures associated with new settlement will comply with relevant legislative assessment requirements.

Comment:

The requirements of Planning for Bushfire Protection 2006 will be taken into consideration in the zoning and lot size requirements, placement of urban development and potential mitigation measures, on into the gateway process.

The development of the West Culburra area can cater for bushfire protection mitigation measures for the existing Culburra Beach township. Lands further to the west are contain significant clearings, but land to the south towards Culburra Road will retain hazard vegetation along Culburra Road.

Flooding:

 Land within the Flood Planning Area (1%AEP) will not be rezoned to provide for residential development.

Comment:

There is no intention as part of this planning proposal to rezone lands within the 1% AEP for residential development.

Urban Stormwater Management:

 A hierarchy of sizes and types of stormwater infrastructure will be provided.

 Stormwater infrastructure associated with new development in the region should be designed and constructed in a manner that does not degrade existing natural land-based or aquatic ecosystems or processes.

Comment:

An integrated water cycle management plan will be prepared for any future development. Compliance with the Lake Wollumboola Estuary Management Plan should be achieved in each stage of development to reduce the likelihood of the off-site migration of pollutants.

Risk mapping as required by the Lake Wollumboola Estuary Management Plan will be prepared as necessary as this proposal progresses.

Riparian Areas:

 Design and location of new development in the region (including infrastructure) will seek to protect riparian habitat values and their ecological and hydrological function in the landscape.

 Riparian areas will be protected from ancillary detrimental uses (e.g. under-scrubbing / clearing) that undermine habitat values and their ecological and hydrological function in the landscape.

Planning Proposal – The Halloran Trust 34 Culburra, Callala Bay, Kinghorne Point Ref 25993

Comment:

Riparian habitats, including wetland areas and the foreshore of Lake Wollumboola, will be conserved from high intensity development or zoned appropriately as necessary for environmental conservation.

Economic Resources:

 Statutory planning controls will include appropriate protection for any viable areas of prime crop and pasture land in the region.

Comment:

The only land classified as prime crop and pasture by the Department Agriculture mapping is at Copper Cup Point and will be conserved through gifting to NSW Government.

This conservation however does not achieve this particular action of the JBSS as the land will likely be allowed to regenerate in the future to forest vegetation form.

Residential Development:

 The supply of housing opportunities for future residential development will be provided within the environmental and servicing limits of the region.

 Areas of new settlement in the region will be located and designed in accordance with the guiding principles and policy actions identified in this Strategy.

 A range of land and household sizes will be encouraged in new residential areas to allow for housing choice and affordability

 The following opportunities for new residential development are identified subject to guiding principles and policy actions outlined in this Strategy

o Culburra Beach – review the planning controls for the existing Culburra expansion area in light of the Long Bow Point Commission of Inquiry and Minister for Planning’s decision in June 2000.

Comment:

There is capacity within the existing infrastructure networks (primarily sewer and water) for at least 600 dwellings in the Culburra expansion area as provided by Shoalhaven City Council.

Development areas are proposed with long term conservation offsets which provide significant community and ecological benefits.

A range of development densities are to be investigated through the rezoning of land, from standard residential to medium density, with low density at the urban fringe, and higher density within the town centre expansion area.

This planning proposal generally complies with these actions of the JBSS.

Planning Proposal – The Halloran Trust 35 Culburra, Callala Bay, Kinghorne Point Ref 25993

Infrastructure Requirements:

 All new urban development identified in the Strategy will be provided with reticulated water only if reticulated sewage is available.

Comment:

Both reticulated water & sewage infrastructure will be provided to all urban development proposed in the Culburra Expansion area.

Access:

 New development will be designed to provide for permeability and accessibility by pedestrian and cyclists within the local service network.

Comment:

Pedestrian and cyclist access will be provided within and through the urban environment proposed. As evidenced through the Part 3A application currently with Department of Environment & Planning, a shared pedestrian cycle link is proposed throughout the subdivision and the foreshore reserves linking to the existing village.

Planning Proposal – The Halloran Trust 36 Culburra, Callala Bay, Kinghorne Point Ref 25993

4. Parts 2, 3 and 4 – Explanation of Provisions, Justification & Planning Proposal Maps – Callala Bay Woods Estate / Wollumboola

Figure 23 – Callala Bay Woods Estate / Wollumboola proposed land use overlay (A3 version provided in Appendix 7)

The land at Callala Bay under the control of the Halloran Trust has an area of 364.7 ha in 693 lots. The area north of Forest Road (approximately 34.9ha) and along a 4km frontage with a depth of approximately 300 m south of Forest / Currarong Road is subdivided into small lots known as the Woods Estate. The balance is woodland save for a bank of small lots with frontage to Callala Beach Road (49 lots, approximately 292ha area). It is proposed that the balance of the land will be gifted to the NSW Government, resolving the paper subdivision issue.

The Jervis Bay Regional Environmental Plan indicates that land in the vicinity of Callala Bay was considered suitable for urban expansion (see Figure 25 following). Council, through the Jervis Bay Settlement Strategy proposed to reduce the area identified for urban expansion to land immediately adjacent to the existing township, to the west of Callala Bay through to Callala Beach Road, north of Emmett Street, as illustrated on Figure 24 following.

As per the Jervis Bay Settlement Strategy, it is proposed to pursue the residential expansion of the village to the immediate west of the township through this planning proposal. It is also proposed to resolve the current small lot ‘paper’ subdivision configuration through gifting the remainder of the land to the NSW Government.

Planning Proposal – The Halloran Trust 37 Culburra, Callala Bay, Kinghorne Point Ref 25993

Figure 24 - Extract from the Jervis Bay Settlement Strategy ©2003 Shoalhaven City Council 4.1 NEED FOR THE PLANNING PROPOSAL – SECTION A

4.1.1 Question 1 - Is the Planning Proposal a result of any strategic study or report? This planning proposal has principally arisen from a resolution of Shoalhaven City Council in their consideration of the Draft Shoalhaven Local Environmental Plan, 2013 as previously outlined. This planning proposal is consistent with the Jervis Bay Settlement Strategy (JBSS) and the South Coast Regional Strategy (SCRS) with regard to the Callala Bay area.

The Jervis Bay Regional Environmental Plan, 1996, a deemed State Environmental Planning Policy, identified the lands in the Callala Bay / Woods Estate as having potential for urban development; Council did not pursue this rezoning potential under the draft SLEP2013.

The mapping above includes the “paper subdivision” to the south of the Forest Road within the urban expansion area; when preparing the Jervis Bay Settlement Strategy, the area provided for potential urban expansion in the vicinity of Callala Bay was significantly different to that provided in the JBREP (see Figure 25 following). Council did not pursue the potential rezoning of the whole of the area identified on the JBREP due to an area of the identified expansion area containing a wetland and potentially significant native vegetation – identified on the draft SLEP2013 as E2 environmental conservation.

Planning Proposal – The Halloran Trust 38 Culburra, Callala Bay, Kinghorne Point Ref 25993

Figure 25 - extract from Jervis Bay REP 1996 - hatching = opportunities for urban development The JBSS also seeks to resolve the paper subdivisions (Section 10.5 Small Lot Rural Subdivisions), and in this case, the land remains within one ownership. The strategy states with regard to North Callala Bay:

“The North Callala Bay small lot rural subdivision (Map 10A) should be resolved in connection with the proposed rezoning of land adjacent to Callala Bay, as discussed in Section 10.2 of this Strategy. Any future rezoning of the proposed Callala Bay urban expansion areas should seek to consolidate this existing small lot rural subdivision, as part of the urban development outcomes associated with the Callala Bay township.”

In terms of the small lot rural subdivisions, Council through this Settlement Strategy deemed the most appropriate options for the Woods Estate paper subdivision was either:

“Option 2: investigate rezoning in accordance with this Strategy and, where appropriate, allow each lot to have a dwelling built upon it;

Option 3: investigate rezoning in accordance with this Strategy and, where appropriate, amalgamate lots to a minimum size in order to accommodate on-site effluent disposal.”

The paper subdivision issue will be resolved through this planning proposal via gifting the land beyond the JBSS identified urban development area to the NSW Government.

4.1.2 Question 2 - Is the planning proposal the best means of achieving the objectives or intended outcomes, or is there a better way?

In the circumstances of this case, it is considered that the planning proposal is the best mechanism for achieving the overall master planning approach for the Halloran Trust land holdings, as it provides an opportunity for site specific and detailed investigation of the lands that could not be achieved through the overall SLEP85 transfer to the standard template format. A site specific planning proposal approach can

Planning Proposal – The Halloran Trust 39 Culburra, Callala Bay, Kinghorne Point Ref 25993 guide the detailed assessment and provide a suitable outcome or alternative outcomes which result in a better environmental outcome for the catchment.

The detailed assessment of the site will inform the master plan and determine the zone boundaries along with the appropriate lot sizes for each area, as the planning proposal moves through the gateway process if supported initially by Shoalhaven City Council as the relevant planning authority.

As provided in the Executive Summary, the Minister for Planning & Infrastructure, through the notification of the Shoalhaven Local Environmental Plan, 2014 deferred land within the ownership of The Halloran Trust from the provisions of SLEP2014, but only until 29 August 2014 to permit the submission of a Planning Proposal for the deferred lands.

Necessary studies to be provided into the future of this planning proposal for this study area, include but are not limited to:  Threatened species assessment;  Geotechnical assessment, including potential acid sulfate soils determination if potential exists for such soils;  Stormwater management and water quality impacts for the SEPP14 wetland;  Infrastructure provisioning;  Traffic impact assessment;  Aboriginal archaeological assessment;  Bushfire assessment in accordance with Planning for Bushfire Protection;  Visual analysis where necessary particularly for land fronting Callala Bay Road;  Other studies required by Council or Department of Planning & Environment though the Gateway Process

There is a valuable net benefit to the wider community through the proposed long term conservation of land within the Lake Wollumboola catchment, in accordance with the provisions of the Jervis Bay Settlement Strategy and the South Coast Regional Strategy, through gifting of land to the NSW Government. The strategies provided result in the removal of the small lot paper subdivisions within the relevant study areas.

Further community benefit is achieved through the land term conservation of significant ecology, the wetlands associated with Wowly Creek, threatened species and endangered ecological communities, Aboriginal Heritage cultural artefacts, etc.

Community benefit arises from increased bush fire mitigation and protection measures around existing villages, by incorporating what are effectively strategic asset protection zones in place as a buffer to development, with potential for open space or larger lots in the peri-urban environment. This is in line with S117 Local Planning Direction 4.4 – Hazard & Risk – Planning for Bushfire Protection.

Community benefit also arises from increasing the size of the Callala Bay settlement; providing the only access to the northern reaches of Jervis Bay, resulting in an efficient settlement sized to support schools, facilities, infrastructure and access.

4.2 RELATIONSHIP TO STRATEGIC PLANNING FRAMEWORK – SECTION B

4.2.1 Question 3 - Is the planning proposal consistent with the objectives and actions contained within the applicable regional or sub-regional strategy?

Planning Proposal – The Halloran Trust 40 Culburra, Callala Bay, Kinghorne Point Ref 25993

4.2.1A South Coast Regional Strategy – relevant actions provided in the SCRS that are applicable to this study area include:

Natural Environment:

 New urban development is to be prohibited by local environmental plans on land assessed as being of high conservation value; and appropriate planning controls are to be incorporated into LEPs to protect biodiversity values on land of lower conservation value.

 Local environmental plans will not include further residential or rural – residential zoning in the catchment of coastal lakes and estuaries shown on Map 2 unless it is demonstrated that a neutral or beneficial effect on water quality as measured at the boundary of the proposed new zoning plan can be achieved. In certain circumstances it may be possible to use offsetting actions to ensure improved water quality in the coastal lake or estuary.

 Councils will review the suitability of planning controls in existing urban zoned and undeveloped lands in the catchments of nominated coastal lakes and estuaries. Councils will consider the NSW Government – endorsed estuary management and coastal zone management plans and Coastal Lake Sustainability Assessments in undertaking this task.

 Future development in the catchments of SEPP 14 wetlands will need to demonstrate no net impact on the hydrology, water quality or ecology of these wetlands.

Comment:

In terms of the Callala Bay study area, the urban development expansion area west of the existing village is in line with an endorsed settlement strategy and that land is outside the catchment of Lake Wollumboola. Lands north of the identified urban expansion area are to be gifted to the NSW Government as an extension of Jervis Bay National Park.

However, the proposed urban expansion area may be within the catchment of existing SEPP14 wetlands in the locality – Wowly Creek. Water quality and ecological impacts will be addressed through the progression of this planning proposal with detailed and site specific studies.

Natural Hazards:

 Local environmental plans will zone areas subject to high hazard to reflect the limitations of the land

Comment:

Natural hazard assessment for this planning proposal into the Gateway will predominantly be bushfire risk assessment.

There is no land identified within this study area mapped as flood prone land on Council’s current or draft LEP maps and this planning proposal in the main seeks to gift lands that may otherwise be known to be liable to periodic inundation (the SEPP14 wetland associated with Wowly Creek) for long term conservation to the NSW Government for addition to Jervis Bay National Park.

Planning Proposal – The Halloran Trust 41 Culburra, Callala Bay, Kinghorne Point Ref 25993

While the study area is identified as bushfire prone land, future residential development should be able to occur taking the potential impact of bushfire into consideration, with ameliorative measures to reduce the risk, threat and hazard to human life and property, through appropriate lot sizes on the peri-urban fringe. This will also aid the bushfire protection of adjacent existing village of Callala Bay through a reduction in hazard vegetation north and northwest of the village.

Housing and Settlement:

 Department of Planning will work with Council’s, developers/landowners and relevant State agencies, using the recommendations of the Sensitive Urban Lands Panel to guide finalisation of the development form and environmental management of the sensitive urban lands.

 Only urban areas in endorsed strategies will be supported – i.e. Jervis Bay Settlement Strategy.

 Any additional development proposal will need to demonstrate that it can satisfy the Sustainability Criteria.

 Appropriate housing mix targets to meet the needs of smaller households and an ageing population.

Comment:

The Sensitive Urban Lands Review recommendations provided that “land within the catchment of Lake Wollumboola is considered unsuitable for urban development, principally on the grounds of the potential negative impacts on the Lake which is a sensitive intermittently closing and opening lake or lagoon (ICOLL).” There were no recommendations with regard to the Callala Bay area as the SULR only dealt with the Culburra Beach expansion area.

The Jervis Bay Settlement Strategy has been endorsed by the Department of Planning & Environment and is relevant to this planning proposal. The housing and settlement outcomes achieved in this planning proposal comply with the provisions of this strategy, particularly with regard to the western expansion area identified in this planning proposal as being suitable for urban development.

The small lot ‘paper subdivision’ issue is resolved through gifting of the land outside the identified urban expansion area to the NSW Government as an extension to Jervis Bay National Park.

Rural Landscapes and rural communities:

 Limited areas for additional rural residential must be located on cleared lands unsuitable for urban or agricultural uses and will only be agreed to by the Department as part of an endorsed growth management strategy or structure plan.

 The scale of development within and adjacent to existing villages and rural towns will support the role of the town in serving communities and preserve its character, scale cultural heritage and social values.

Planning Proposal – The Halloran Trust 42 Culburra, Callala Bay, Kinghorne Point Ref 25993

Comment:

There are no cleared lands within this study area, which may otherwise be suitable for urban expansion; however, the area proposed for urban development in this planning proposal to the west of the existing Callala Bay village was identified as suitable for urban expansion through both the JBREP and the JBSS.

The proposal incorporates lands to be retained as natural areas through a long term conservation as an offset for development potential adjacent to the existing Callala Bay village.

Cultural Heritage:

 Ensure that Aboriginal cultural and community values are considered in the future planning and management of the local government area.

Comment:

As provided in the JBSS, there are over 300 culturally significant sites listed on the OEH Aboriginal Heritage Inventory Management System within the Jervis Bay area.

Detailed assessment is yet to be undertaken of the study area as necessary to support this proposal through the gateway process.

4.2.1B Jervis Bay Settlement Strategy: relevant actions of the JBSS that are pertinent to this planning proposal are identified as follows:

Water quality and flow:

 All development will meet the statutory requirements of the Jervis Bay Regional Environmental Plan 1996 in respect of Clause 11 – Catchment Protection.

 New development will be located and designed so as to avoid detrimental impacts on waterbodies and watercourses, including groundwater. Where there are management impacts, erosion and sediment control measures and means to mitigate nutrient and other pollutants should be provided on the development site and be excluded from areas set aside for the protection of natural or cultural attributes.

 New development will be designed so that domestic effluent management does not have a detrimental impact on water quality and flow

 New development, including infrastructure (e.g. stormwater controls), will be located, designed and constructed in a manner which does not degrade land based or aquatic ecosystems or processes.

 Infrastructure works will not have a detrimental impact on the water quality of receiving waters in the region.

Comment:

The EPA Water Quality and River Flow Objectives (2006) will be addressed & supported through further investigations into the gateway process for this planning proposal. The urban expansion area would be

Planning Proposal – The Halloran Trust 43 Culburra, Callala Bay, Kinghorne Point Ref 25993 connected to the reticulated sewage network to reduce the likelihood of adverse impact upon water quality of downstream waterbodies including the Wowly Creek SEPP14 wetlands.

Freshwater, Marine and Estuarine Biodiversity:

 Freshwater, marine and estuarine attributes such as mangrove forests, salt marshes, sea grasses and other aquatic, marine or estuarine habitat will be protection from the impacts of new development in the region.

 Significant populations of, and habitats for, threatened species, populations and ecological communities listed under the Fisheries Management Act will be conserved and managed under proposed planning instruments associated with new development.

 Public access to riparian, marine and estuarine areas may be provided if such access can be achieved without or with minimal disruption to freshwater, marine or estuarine biodiversity.

Comment:

Water quality via stormwater runoff from developed areas is likely to be the largest concern with regard to adverse impacts upon freshwater, marine and estuarine biodiversity, in the case of this study area the nearby SEPP14 wetlands associated with Wowly Creek (No 336) is the receiving waters of concern.

Further investigations into appropriate mechanisms for stormwater disposal, water quality will be undertaken for those areas proposed for residential development within the SEPP 14 wetland catchment.

Land based biodiversity:

 New settlement in the region will meet the statutory requirements of the Jervis Bay REP in respect of Clause 14 (Habitat Corridors) and Clause 15 (Disturbed Habitat and Vegetation).

 New settlement will be located and designed so as to avoid detrimental impacts on land-based biodiversity.

 Decisions regarding the location and design of new development in the region will recognise that the conservation of biodiversity is dependent on maintaining landscape connectivity through a native vegetation system of National Parks, habitat corridors established by the JBREP, environment protection zones under the Shoalhaven Local Environmental Plan, and bushland on private property.

 Policy options to offset unavoidable impact(s) of new development on land-based biodiversity in the region will be explored. These options may include strategies for mitigation and compensatory habitat, and will be investigated at all levels of the planning system.

 The habitat values, ecological and hydrological processes of wetlands will be conserved and managed so that the impact of development in the catchments of wetlands (SEPP14 and other) will be minimised.

 Remnant vegetation will be conserved and protected where-ever possible to maintain and increase natural species diversity.

Planning Proposal – The Halloran Trust 44 Culburra, Callala Bay, Kinghorne Point Ref 25993

 Locally significant habitat corridors not identified in the JBREP will be addressed at all levels of the planning system, to protect locally significant biodiversity values.

Comment:

Land based biodiversity studies are yet to be finalised for this study area. There are lands within the area with significant conservation attributes that can be used as offsets in accordance with the Natural Environment actions of the South Coast Regional Strategy & JBSS, to permit additional urban development to be undertaken in marginal habitat locations. Those offset lands are identified as being gifted to the NSW Government as an extension to Jervis Bay National Park.

The Jervis Bay REP does not identify any of the subject lands as being within a habitat corridor or within an area of disturbed habitat and vegetation area.

Soils:

 Areas of potential acid sulfate soils will be identified and excluded from new development areas in the region.

Comment:

Areas of low potential for acid sulfate soils between 1 - 3m of ground surface may be located in the vicinity of the SEPP 14 wetland and are part of the land to be gifted to the NSW Government.

Additional lands proposed to be developed for urban purposes under this planning proposal are not characterised by the high potential to contain acid sulfate soils, however detailed assessment will be undertaken in future site specific studies to ensure that development and the wetland environment, will not be adversely impacted by actual acid soils.

Landscape:

 New settlement in the region will meet the statutory requirements of the JBREP in respect of clause 12 – Landscape Quality and where-ever possible landscape values should not be compromised by new development.

 New subdivision and housing will be designed in sympathy with the landscape features of the locality.

 Important visual aspects of the landscape will be identified and conserved, including the aesthetic quality of the coastal landscape.

Comment:

Clause 12 of the JBREP states:

“A proposal must: (a) maintain the visual quality of a waterbody, a wetland, or a foreshore dune, and (b) maintain distinct urban communities that have an individual identity, and (c) let the landscape, not the structures, be the dominant feature outside the settlements, and (d) allow the existing tree canopy, on or around the site, to dominate.”

Planning Proposal – The Halloran Trust 45 Culburra, Callala Bay, Kinghorne Point Ref 25993

Within the study area, the visual quality of the wetlands will be preserved and the land surrounding the wetland will be retained for long term conservation purposes as an expansion of Jervis Bay National Park.

The areas identified for an urban development will be predominantly standard residential subdivisions with the provision for some medium density and small lot housing. Sites suitable for tourist or leisure oriented activities will be identified and reserved for these purposes because it is considered important to promote the leisure / recreation component of the economic base of the sub-region. Provision will be made for the normal range or residential oriented facilities.

Cultural Heritage:

 All development meet the statutory requirements of the JBREP in respect of Clause 13 – Cultural Heritage

 The Aboriginal and European heritage significance of the landscape will be recognised and assessed prior to new development proposals in the region.

 Significant cultural heritage places, items and landscapes will be conserved and managed, and not detrimentally affected by new development in the region.

Comment:

Aboriginal and European heritage assessment is yet to be undertaken for this study area but such will be in the future to continue the planning proposal through the gateway process. These assessments will be undertaken as the planning proposal progresses through the gateway process.

Bushfire:

 Appropriate asset protection zones will be incorporated into planning instruments associated with new settlement in the region in accordance with the requirements of S117 Direction Planning for Bushfire Protection.

 Asset protection zones associated with new development will be contained within the developable areas, and will be excluded from areas et aside for the protection of natural or cultural attributes.

 New settlement will be planned to include bushfire risk management measures that are relative to the associated fire risk in the locality

 The implementation of bushfire risk management measures associated with new settlement will comply with relevant legislative assessment requirements.

Comment:

The requirements of Planning for Bushfire Protection, 2006 will be taken into consideration in the zoning, lot size requirements, placement of urban development and potential mitigation measures on into the gateway process.

Larger lots are proposed at the peri-urban boundary may assist in the provisions of a strategic asset protection zone for the existing urban settlement areas.

Planning Proposal – The Halloran Trust 46 Culburra, Callala Bay, Kinghorne Point Ref 25993

Flooding:

 Land within the Flood Planning Area (1%AEP) will not be rezoned to provide for residential development.

Comment:

There is no intention as part of this planning proposal to rezone lands within the likely 1% AEP of the wetland for residential or rural residential development.

Urban Stormwater Management:

 A hierarchy of sizes and types of stormwater infrastructure will be provided.

 Stormwater infrastructure associated with new development in the region should be designed and constructed in a manner that does not degrade existing natural land-based or aquatic ecosystems or processes.

Comment:

An integrated water cycle management plan will be prepared for any future development as part of stormwater strategy supporting documentation for this planning proposal.

Riparian Areas

 Design and location of new development in the region (including infrastructure) will seek to protect riparian habitat values and their ecological and hydrological function in the landscape.

 Riparian areas will be protected from ancillary detrimental uses (e.g. under-scrubbing / clearing) that undermine habitat values and their ecological and hydrological function in the landscape.

Comment:

Riparian habitats, including wetland areas will be conserved.

Residential Development:

 The supply of housing opportunities for future residential development will be provided within the environmental and servicing limits of the region.

 Areas of new settlement in the region will be located and designed in accordance with the guiding principles and policy actions identified in this Strategy.

 A range of land and household sizes will be encouraged in new residential areas to allow for housing choice and affordability

 The following opportunities for new residential development are identified subject to guiding principles and policy actions outlined in this Strategy

Planning Proposal – The Halloran Trust 47 Culburra, Callala Bay, Kinghorne Point Ref 25993

o Callala Bay – provide for possible expansion of the settlement to the west, and resolve the existing small lot rural subdivision (intersection of Coonemia / Currarong Roads) in association with any rezoning.

Comment:

Development areas are proposed with conservation offsets which provide significant community and ecological benefits.

A range of development densities can be achieved in the urban development expansion area potentially providing standard residential with low density at the existing urban fringe.

This planning proposal complies with these actions of the JBSS.

Infrastructure Requirements:

 All new urban development identified in the Strategy will be provided with reticulated water only if reticulated sewage is available.

 On site effluent disposal for rural residential development will be implemented in accordance with DCP 78 etc.

Comment:

The existing water and sewage infrastructure network within the Callala Bay village will be expanded to the proposed urban development expansion area, so that these lands can be serviced by reticulated water or sewage infrastructure.

Access:

 New development will be designed to provide for permeability and accessibility by pedestrian and cyclists within the local service network.

Comment:

The urban expansion area will have connectivity through to the existing village for pedestrian and cyclist movement, particularly to gain access to the shores of Jervis Bay & Hare Bay.

Planning Proposal – The Halloran Trust 48 Culburra, Callala Bay, Kinghorne Point Ref 25993

5. Parts 2, 3 and 4 – Explanation of Provisions, Justification & Planning Proposal Maps – Kinghorne & Arrow Points

The land at Kinghorne Point under the control of the Halloran Trust has an area of 199.78 ha in 730 lots. It comprises mostly coastal heathland with the more inland areas being zeric woodland. There are substantial cleared areas at Arrow Point and Boalla Point; these areas were previously used for grazing cattle (see Figure 15).

The proposal for this study area is to allocate the majority of this locality for long term conservation as it is adjacent to the Jervis Bay National Park and an existing Council public reserve. This will largely resolve the paper subdivision issue associated with this study area.

Boalla Point

Arrow Point

Kinghorne Point

Figure 26 – Kinghorne, Boalla & Arrow Points - Proposed land use overlay (A3 version provided in Appendix 7)

It is also proposed to gift this entire study area to the NSW Government as an extension to the Jervis Bay National Park, resolving the small lot subdivision issues and complying with the requirement for limited development within the Lake Wollumboola catchment.

Planning Proposal – The Halloran Trust 49 Culburra, Callala Bay, Kinghorne Point Ref 25993

5.1 NEED FOR THE PLANNING PROPOSAL – SECTION A

5.1.1 Question 1 - Is the Planning Proposal a result of any strategic study or report? This planning proposal has principally arisen from a resolution of Shoalhaven City Council in their consideration of the Draft Shoalhaven Local Environmental Plan, 2013 as previously outlined. However, this planning proposal is generally consistent with the Jervis Bay Settlement Strategy (JBSS) and the South Coast Regional Strategy (SCRS).

The JBSS identifies the Kinghorne area as being subject to Section 10.5 Small lot rural subdivision – paper subdivision, which states:

Kinghorne Point “is not identified in the strategy as an area that is capable for future residential development in light of environmental and cultural heritage constraints. Detailed investigation will be required to determine its use in the long term. Further comment in regard to this site is provide in Section 10.9 – Economic Development.”

Further to the above, Section 10.9 Economic Development states:

“Action – determine the suitability of the site for the establishment of a marine hatchery / aquaculture research and development facility as part of the overall review of potential sites in Shoalhaven for such uses.

Marine hatchery / aquaculture research facility

NSW Fisheries is currently (2003) undertaking a review of coastal sites in the Shoalhaven to assess their suitability for the establishment of a marine hatchery / aquaculture research and development facility. Kinghorne (sic) Point, which is within the Jervis Bay Region, has been identified among a range of others a potentially suitable site for such a facility.

There are however, a number of significant natural and cultural values associated with Kinghorne Point any proposal for a hatchery/research and development facility will be required to avoid significant impacts on known regionally significant vegetation, threatened species and Aboriginal cultural heritage values, and be consistent with Government policy objectives for the NSW Coast (NSW Coastal Policy, SEPP62 Sustainable Aquaculture, SEPP71 – Coastal Protection).”

These issues are addressed in this planning proposal through the intention to gift the land to the NSW Government as an extension of Jervis Bay National Park.

5.1.2 Question 2 - Is the planning proposal the best means of achieving the objectives or intended outcomes, or is there a better way?

In the circumstances of this case, it is considered that the planning proposal is the best mechanism for achieving the overall master planning approach for the Halloran Trust land holdings.

There is a very valuable net benefit to the wider community through the proposed long term conservation of land within the Lake Wollumboola catchment, in accordance with the provisions of the Jervis Bay Settlement Strategy and the South Coast Regional Strategy.

The strategy provided result in the removal of the pressure to develop the small lot paper subdivisions within this study area due to the likelihood of the imposition of a long term conservation. The planning

Planning Proposal – The Halloran Trust 50 Culburra, Callala Bay, Kinghorne Point Ref 25993 proposal for this study area resolves the best land use for the area, recognising the access to the ocean, the significant cleared lands and important ecological values of the catchment of Lake Wollumboola.

Further community benefit is achieved through the conservation of significant ecology, threatened species habitat and endangered ecological communities, Aboriginal heritage cultural artefacts etc.

5.2 RELATIONSHIP TO STRATEGIC PLANNING FRAMEWORK – SECTION B

5.2.1 Question 3 - Is the planning proposal consistent with the objectives and actions contained within the applicable regional or sub-regional strategy?

5.2.1A South Coast Regional Strategy – relevant actions provided in the SCRS that are applicable to the study area include:

Natural Environment:

 New urban development is to be prohibited by local environmental plans on land assessed as being of high conservation value; and appropriate planning controls are to be incorporated into LEPs to protect biodiversity values on land of lower conservation value.

 Local environmental plans will not include further residential or rural – residential zoning in the catchment of coastal lakes and estuaries shown on Map 2 unless it is demonstrated that a neutral or beneficial effect on water quality as measured at the boundary of the proposed new zoning plan can be achieved. In certain circumstances it may be possible to use offsetting actions to ensure improved water quality in the coastal lake or estuary.

 Councils will review the suitability of planning controls in existing urban zoned and undeveloped lands in the catchments of nominated coastal lakes and estuaries. Councils will consider the NSW Government – endorsed estuary management and coastal zone management plans and Coastal Lake Sustainability Assessments in undertaking this task.

 Future development in the catchments of SEPP 14 wetlands will need to demonstrate no net impact on the hydrology, water quality or ecology of these wetlands.

Comment:

Kinghorne and Arrow Points and adjacent lands in The Halloran Trust ownership are proposed to be gifted to the NSW Government as an extension to the Jervis Bay National Park in reduce the likelihood of adverse impact upon Lake Wollumboola.

Natural Hazards:

 Local environmental plans will zone areas subject to high hazard to reflect the limitations of the land

Comment:

Natural hazard assessment is not considered necessary for this study area as there is no urban or habitable development proposed as part of this planning proposal.

Planning Proposal – The Halloran Trust 51 Culburra, Callala Bay, Kinghorne Point Ref 25993

Economic Development and employment growth:

 LEPs protect and add to employment lands in existing economic centres.

 LEPs will ensure that appropriate land will be made available to provide for a range of tourism experiences and forms of tourist accommodation.

Comment:

This planning proposal seeks to maintain the scenic quality of this coastal environment and the water quality of Lake Wollumboola through gifting the land in this study area to the NSW Government as an extension of the Jervis Bay National Park.

Cultural Heritage:

 Ensure that Aboriginal cultural and community values are considered in the future planning and management of the local government area.

Comment:

As provided in the JBSS, there are over 300 culturally significant sites listed on the OEH Aboriginal Heritage Inventory Management System within the Jervis Bay area. This study area is to be retained for long term conservation through addition to the Jervis Bay National Park.

5.2.1B Jervis Bay Settlement Strategy: relevant actions of the JBSS that are pertinent to this planning proposal are identified as follows:

Water quality and flow:

 All development will meet the statutory requirements of the Jervis Bay Regional Environmental Plan 1996 in respect of Clause 11 – Catchment Protection.

 New development will be located and designed so as to avoid detrimental impacts on waterbodies and watercourses, including groundwater. Where there are management impacts, erosion and sediment control measures and means to mitigate nutrient and other pollutants should be provided on the development site and be excluded from areas set aside for the protection of natural or cultural attributes.

 New development will be designed so that domestic effluent management does not have a detrimental impact on water quality and flow

 New development, including infrastructure (e.g. stormwater controls), will be located, designed and constructed in a manner which does not degrade land based or aquatic ecosystems or processes.

 Infrastructure works will not have a detrimental impact on the water quality of receiving waters in the region.

Planning Proposal – The Halloran Trust 52 Culburra, Callala Bay, Kinghorne Point Ref 25993

Comment:

This planning proposal does not conflict with these objectives as it is proposed to gift this study area to the NSW Government as an extension to Jervis Bay National Park.

Freshwater, Marine and Estuarine Biodiversity:

 Freshwater, marine and estuarine attributes such as mangrove forests, salt marshes, sea grasses and other aquatic, marine or estuarine habitat will be protection from the impacts of new development in the region.

 Significant populations of, and habitats for, threatened species, populations and ecological communities listed under the Fisheries Management Act will be conserved and managed under proposed planning instruments associated with new development.

 Public access to riparian, marine and estuarine areas may be provided if such access can be achieved without or with minimal disruption to freshwater, marine or estuarine biodiversity.

Comment:

This planning proposal does not conflict with these objectives as it is proposed to gift this study area to the NSW Government as an extension to Jervis Bay National Park.

Land based biodiversity:

 New settlement in the region will meet the statutory requirements of the Jervis Bay REP in respect of Clause 14 (Habitat Corridors) and Clause 15 (Disturbed Habitat and Vegetation).

 New settlement will be located and designed so as to avoid detrimental impacts on land-based biodiversity.

 Decisions regarding the location and design of new development in the region will recognise that the conservation of biodiversity is dependent on maintaining landscape connectivity through a native vegetation system of National Parks, habitat corridors established by the JBREP, environment protection zones under the Shoalhaven Local Environmental Plan, and bushland on private property.

 Policy options to offset unavoidable impact(s) of new development on land-based biodiversity in the region will be explored. These options may include strategies for mitigation and compensatory habitat, and will be investigated at all levels of the planning system.

 The habitat values, ecological and hydrological processes of wetlands will be conserved and managed so that the impact of development in the catchments of wetlands (SEPP14 and other) will be minimised.

 Remnant vegetation will be conserved and protected where-ever possible to maintain and increase natural species diversity.

 Locally significant habitat corridors not identified in the JBREP will be addressed at all levels of the planning system, to protect locally significant biodiversity values.

Planning Proposal – The Halloran Trust 53 Culburra, Callala Bay, Kinghorne Point Ref 25993

Comment:

This planning proposal does not conflict with these objectives as it is proposed to gift this study area to the NSW Government as an extension to Jervis Bay National Park.

Soils:

 Areas of potential acid sulfate soils will be identified and excluded from new development areas in the region.

Comment:

Areas of low potential for acid sulfate soils at ground surface or within 1m of ground surface have been identified in the vicinity of Arrow Point. Acid sulfate soils are characteristic of periodic influence of flood waters in estuarine environments.

However, this planning proposal does not conflict with these objectives as it is proposed to gift this study area to the NSW Government as an extension to Jervis Bay National Park.

Landscape:

 New settlement in the region will meet the statutory requirements of the JBREP in respect of clause 12 – Landscape Quality and where-ever possible landscape values should not be compromised by new development.

 New subdivision and housing will be designed in sympathy with the landscape features of the locality.

 Important visual aspects of the landscape will be identified and conserved, including the aesthetic quality of the coastal landscape.

Comment:

This planning proposal does not conflict with these objectives as it is proposed to gift this study area to the NSW Government as an extension to Jervis Bay National Park.

Cultural Heritage:

 All development meet the statutory requirements of the JBREP in respect of Clause 13 – Cultural Heritage

 The Aboriginal and European heritage significance of the landscape will be recognised and assessed prior to new development proposals in the region.

 Significant cultural heritage places, items and landscapes will be conserved and managed, and not detrimentally affected by new development in the region.

Planning Proposal – The Halloran Trust 54 Culburra, Callala Bay, Kinghorne Point Ref 25993

Comment:

This planning proposal does not conflict with these objectives as it is proposed to gift this study area to the NSW Government as an extension to Jervis Bay National Park.

Bushfire:

 Appropriate asset protection zones will be incorporated into planning instruments associated with new settlement in the region in accordance with the requirements of S117 Direction Planning for Bushfire Protection.

 Asset protection zones associated with new development will be contained within the developable areas, and will be excluded from areas et aside for the protection of natural or cultural attributes.

 New settlement will be planned to include bushfire risk management measures that are relative to the associated fire risk in the locality

 The implementation of bushfire risk management measures associated with new settlement will comply with relevant legislative assessment requirements.

Comment:

This planning proposal does not conflict with these objectives as it is proposed to gift this study area to the NSW Government as an extension to Jervis Bay National Park. There are no human settlement assets in this area to protect, therefore there are no mitigation measures proposed or provided in regard to bushfire. The land will be managed into the future under the appropriate fire regime as necessary by the relevant government agency.

Urban Stormwater Management:

 A hierarchy of sizes and types of stormwater infrastructure will be provided.

 Stormwater infrastructure associated with new development in the region should be designed and constructed in a manner that does not degrade existing natural land-based or aquatic ecosystems or processes.

Comment:

This planning proposal does not conflict with these objectives as it is proposed to gift this study area to the NSW Government as an extension to Jervis Bay National Park.

Infrastructure Requirements:

 All new urban development identified in the Strategy will be provided with reticulated water only if reticulated sewage is available.

 On site effluent disposal for rural residential development will be implemented in accordance with DCP 78 etc.

Planning Proposal – The Halloran Trust 55 Culburra, Callala Bay, Kinghorne Point Ref 25993

Comment:

There are no human settlement activities proposed as part of this planning proposal for this study area; therefore no infrastructure provision requirements.

Planning Proposal – The Halloran Trust 56 Culburra, Callala Bay, Kinghorne Point Ref 25993

6. Part 3 – Justification - Questions 4 - 11

6.1 RELATIONSHIP TO STRATEGIC PLANNING FRAMEWORK – SECTION B

6.1.1 Question 4 - Is the planning proposal consistent with the local Council’s Community Strategic Plan, or other local strategic plan?

Council’s vision under the Community Strategic Plan 2023 is:

“We will work together in the Shoalhaven to foster a safe and attractive community for people to live, work, stay and play; where sustainable growth, development and environmental protection are managed to provide a unique and relaxed lifestyle.”

The relevant Community Strategic Plan 2023 objectives and strategies include:

People:

Objectives 1.1 Diverse, united and connected communities; 1.2 Creative, engaged and learning communities; 1.3 Healthy and active communities that feel safe; 1.4 Sustainable and socially responsible communities.

This can be achieved through the following strategies provided in the Strategic Plan:

1.3.1 Develop community, cultural and recreational facilities that are accessible, safe and provide for community needs; 1.3.2 Develop sporting and recreation facilities for maximum community use and value; 1.3.5 Develop safer communities and help reduce crime in the City.

Comment:

This planning proposal provides land for public recreation, private recreation and conservation purposes (through gifting of land for extensions to Jervis Bay National park); all providing active opportunities to promote the health and wellbeing of the existing and future communities of the locality and the wider Shoalhaven and tourists to the region.

Place

Objectives

2.1 A city which values, maintains and enhances its natural and cultural environments; 2.2 Population and urban settlement growth that is ecologically sustainable and carefully planned and managed; 2.3 Reduced global warming impacts and increased resilience to the effects and impacts of climate change; 2.4 Community infrastructure that is environmentally responsible and ecologically sustainable; 2.5 Major town centres that are attractive, vibrant and popular destinations; 2.6 Settlements that are resilient to the unexpected impacts of natural hazards.

Planning Proposal – The Halloran Trust 57 Culburra, Callala Bay, Kinghorne Point Ref 25993

Strategies to achieve these objectives

2.1.1 Support and enable the sustainable use of the natural environment for education, research and recreation; 2.1.2 Ensure that the natural ecological and biological environments and the built and cultural heritage of the Shoalhaven are protected and valued through careful management; 2.2.2 Create active and connected foreshores that support and promote the natural environment while encouraging appropriate community recreational use; 2.4.1 Develop and acquire new infrastructure and assets to meet the needs of the City’s growing population and economy while maintaining current asset service levels; 2.4.2 Develop land use and related plans for the sustainable growth of the City which use the core principles of the Growth Management Strategy and ESD principles, also carefully considering community concerns and the character of unique historic townships ; 2.4.3 Prioritise the continued development of new and improved pedestrian and cycle paths to help improve transport, public health and environmental outcomes; 2.4.5 Implement sustainable and responsible stormwater management measures; 2.5.2 Improve the urban design and landscape appearance of City and town entrances and major thoroughfares; 2.6.1 Develop management and adaptation plans to mitigate and manage community exposure to coastal processes, natural hazards, climate change and resulting risks.

Comment:

Areas of high biodiversity significance are proposed to be conserved through this planning proposal as through a conservation as those lands are contiguous with the existing Jervis Bay National Park.

Protection of Aboriginal and European Cultural heritage will be undertaken as part of the future development of the development lands as recommended through appropriate studies associated with the planning proposal progress.

In terms of relevant actions in Council’s recently adopted 2014 – 2017 Delivery Program & 2014 2015 Operational Plan, the plan provides in part:

Governance – Deliver Sustainable services Formulate a new and revised Planning Works Program to recognise and complete priority strategic planning initiatives • Continue to resolve the future of “paper subdivisions” within the Jervis Bay-St. Georges Basin Region

This planning proposal achieves this action by resolving the two paper subdivision areas in The Halloran Trust holdings within Jervis Bay – Callala Bay and Kinghorne Point. The intention is to gift these lands to the NSW Government as an extension of Jervis Bay National Park.

6.1.2 Question 5 - Is the planning proposal consistent with the applicable state environmental planning policies?

This planning proposal has been assessed against the relevant State Environmental Planning Policies, as outlined in Attachment Three. The planning proposal is considered to be consistent with the applicable State Environmental Planning Policies.

Planning Proposal – The Halloran Trust 58 Culburra, Callala Bay, Kinghorne Point Ref 25993

6.1.3 Question 6 - Is the planning proposal consistent with the applicable Ministerial Directions (s. 117 directions)?

This planning proposal has been assessed against the relevant Ministerial Planning Directions, as outlined in Attachment Four. The planning proposal is considered to be consistent with the applicable Minister’s Directions.

Planning Proposal – The Halloran Trust 59 Culburra, Callala Bay, Kinghorne Point Ref 25993

6.2 ENVIRONMENTAL, SOCIAL AND ECONOMIC IMPACT - SECTION C

6.2.1 Question 7 - Is there any likelihood that critical habitat or threatened species, populations or ecological communities, or their habitats, will be adversely affected as a result of the proposal?

It is intended though this planning proposal / master plan approach that the areas of particularly high ecological significance will be preserved into the future through gifting of large expanses of land to the NSW Government for an extension of Jervis Bay National Park.

The aim is develop lands of lower significance or which are cleared or disturbed in lieu of those with higher significance attributes such as threatened species or endangered ecological communities, particularly those lands within the most sensitive areas of the catchment of Lake Wollumboola.

Bushfire mitigation and protection i.e. buffers between development and high intensity bushfire threat / hazard / risk vegetation such as those to be protected in conservation reserves will be incorporated into the urban development areas to reduce the potential for adverse impacts upon areas of higher habitat value.

6.2.2 Question 8 - Are there any other likely environmental effects as a result of the planning proposal and how are they proposed to be managed?

Water Quality

Best practice stormwater management controls will be implemented as part of any proposed urban development, along with a water quality monitoring strategy for receiving waters. The Crookhaven River is an important waterway with many stakeholders including Shoalhaven City Council, oyster farmers, recreational users and commercial fishers. A water quality monitoring strategy will be developed in conjunction with these stakeholders as appropriate to ensure there is widespread acceptance and management of the potential impacts.

The part of the Lake Wollumboola catchment that is within the current ownership of The Halloran Trust (approximately 22% of the total catchment) is mostly regrowth woodland that will be largely conserved through the strategies of this planning proposal. Less than 1% of the catchment is likely to be cleared for the golf course development application currently with Shoalhaven City Council if that is supported by Council. The land within the catchment between the ridge and Culburra Road is identified as an investigation area to determine its potential for some urban development, with neutral or beneficial impact upon the receiving waters of Lake Wollumboola which is offset by the gifting of large areas of higher conservation value lands for an extension of Jervis Bay National Park.

Large areas of the catchment are outside the control of The Halloran Trust and beyond the scope of this planning proposal. Other private holdings as well as national park and state forest make up the majority of the catchment (see Figure 13).

The EPA Water Quality and River Flow Objectives (2006) will be addressed through further investigations into the gateway process for this planning proposal. Proposed urban development will be connected to a reticulated sewage network to minimise water quality impacts.

Planning Proposal – The Halloran Trust 60 Culburra, Callala Bay, Kinghorne Point Ref 25993

Impact on Threatened Species

Extensive flora and fauna surveys across the entire study area have not yet been undertaken. Existing Wildlife Atlas records & studies undertaken to date indicate there are known threatened species and endangered ecological communities within the region. It is one of the aims of this planning proposal is to undertake flora and fauna investigations to determine the location of threatened species and recommend appropriate conservation measures where appropriate, with offsets for marginal habitat both within the region and through other lands in the ownership of The Halloran Trust at Millallen Estate.

To minimise adverse impacts on areas of high biodiversity significance, including threatened species, their habitat or endangered ecological communities; it is proposed to gift somewhere in the vicinity of 800 hectares of land within this study area to the NSW Government for extension to Jervis Bay National Park to ensure its long term conservation into the future.

The majority of these conservation lands are within the catchment of Lake Wollumboola and contain xeric or mesic forest communities which are contiguous with Jervis Bay National Park.

Vegetation Removal within the Lake Wollumboola Catchment

The area of development land in the Lake Wollumboola catchment that is proposed in this planning proposal for urban expansion is significantly less than the current zoned Residential 2(c) land under the Shoalhaven Local Environmental Plan, 1985. It is also proposed to rezone lands outside this catchment for urban or development purposes including some cleared lands, in order to minimise the extent of vegetation removed within the catchment.

6.2.3 Question 9 – Has the planning proposal adequately addressed any social and economic effects?

Lands have been retained or are proposed to be rezoned to encourage economic growth with the potential for tourist accommodation development along with an expansion of the retail core of Culburra Beach.

It is proposed to maintain a continuing dialogue with the Culburra Beach and Callala Bay communities with respect to social and economic issues. A major component of this proposal is to identify and promote new employment opportunities as well as enhancing the range of social facilities and amenities.

6.3 STATE AND COMMONWEALTH INTERESTS - SECTION D

6.3.1 Question 10 - Is there adequate public infrastructure for the planning proposal?

Culburra Beach Expansion Area

When LEP Amendment 41 was made to the Shoalhaven Local Environmental Plan 1985, substantial studies were undertaken at the time to assess the infrastructure requirements of the land zoned under that LEP amendment.

The residential zoned land in this planning proposal for the Culburra Beach expansion area is significantly less than the amount of residentially zoned land that currently exists. Therefore, there will be some capacity within existing infrastructure networks to cater for the proposed new zones.

Planning Proposal – The Halloran Trust 61 Culburra, Callala Bay, Kinghorne Point Ref 25993

Despite the above, it is anticipated that additional infrastructure provision will be required over the development timeframe (30-40 years) to cater for the proposed growth at West Culburra.

Studies will be required to assess impacts on traffic infrastructure back to the Princes Highway near Nowra, electrical infrastructure, sewer and water infrastructure, along with social infrastructure in and near Culburra Beach and Callala Bay.

Importantly, reticulated sewerage infrastructure will be provided to areas selected for urban development to minimise any impacts on water quality.

Council’s Development Servicing Plan for Culburra currently provides capacity in the reticulated sewage network for approximately 600 dwellings, where 602 are proposed within the Part 3A Major Project concept plan for the West Culburra expansion area.

Woods Estate / Callala Bay / Wollumboola

As the additional residential land in Callala Bay will have an impact on infrastructure, there will be a need to ensure that suitable infrastructure will be provided over the development timeframe (10-20 years) to cater for the proposed growth at Callala Bay.

The proposed growth area has been identified for some time in various strategic plans; it is assumed that the relevant authorities have taken this future growth into account with their forward planning of infrastructure.

Studies will be required to assess impacts on traffic infrastructure back to the Princes Highway near Nowra, electrical infrastructure, sewer and water infrastructure, and social infrastructure in and near Callala Bay including hospitals and schools.

Reticulated sewage infrastructure will be provided to areas selected for urban development to minimise any impacts on water quality.

Kinghorne Point / Arrow Point

As this planning proposal intends to include all lands within this study area as

6.3.2 Question 11 – What are the views of state and commonwealth public authorities consulted in accordance with the Gateway determination?

A significant amount of consultation has been undertaken in recent months with representatives of Department of Planning & Environment (Brett Whitworth, Mark Parker and George Curtis) regarding the full extent of this planning proposal.

In addition, over the past 12 months, two separate meeting have also been held with the Minister for Planning, Mr Brad Hazzard, to discuss the future of the Halloran Trust landholdings.

A number of meetings have been held with Shelley Hancock MP, the local member, to gauge her views and those of the community she represents, to the proposal.

Planning Proposal – The Halloran Trust 62 Culburra, Callala Bay, Kinghorne Point Ref 25993

In addition, a meeting has been held with representatives of OEH and NPWS (Miles Boak, Dianne Garood and others) to discuss high value conservation lands which may form suitable offsets for the development proposals.

Significant consultation has been undertaken with various government departments and local community groups over the Part 3A West Culburra Mixed Use Development. Many of the matters raised during these consultations have significant correlation with the issues that need to be resolved by the Planning Proposal.

Meetings have been held with Shoalhaven Mayor, Joanna Gash and Deputy Mayor John Wells to discuss the views of the Councillors to this planning proposal. Based on the overall significance of this planning proposal, Shoalhaven City Council voted to defer the Halloran Trust landholdings from the Shoalhaven LEP2014.

Further, a number of meetings have been held with Shoalhaven City Council Planning staff (Gordon Clark, Tim Fletcher and others) to discuss this planning proposal.

Planning Proposal – The Halloran Trust 63 Culburra, Callala Bay, Kinghorne Point Ref 25993

7. Part 5 – Details of Community Consultation

This planning proposal will be publicly notified by Shoalhaven City Council in accordance with the requirements of Section 57 of the Environmental Planning & Assessment Act, 1979.

Specific stakeholder consultation will be undertaken where considered to be necessary. These will include:  Public forums  Separate meetings (if necessary) with stakeholders such as: o Shoalhaven City Council; o Department of Planning & Environment & other relevant government agencies; o Chambers of Commerce from surrounding towns; o Progress Associations from surrounding towns; o Community Consultative Bodies from surrounding towns (as recognised by Shoalhaven City Council); o Crookhaven Oyster Farmers/Australia’s Oyster Coast; o Local Aboriginal Land Council and other indigenous groups (e.g. Jerrinja Consultants Pty Ltd); o Lake Wollumboola Protection Association; o Lake Wollumboola Support Group Inc.

Meetings have been held with the members of the local Culburra Beach community on several occasions, with the Jerrinja Local Aboriginal Land Council and with the oyster farmers with respect to both the Part 3A proposal and the proposed golf course. No consultations have yet taken place with the Callala Bay community. It is anticipated that an on-going dialogue with all relevant local communities will be undertaken throughout the course of the preparation of the Master Plan for the Halloran lands.

Planning Proposal – The Halloran Trust 64 Culburra, Callala Bay, Kinghorne Point Ref 25993

8. Part 6 – Project Timeline

The following provides the anticipated timeframe for the progress of this planning proposal; this is subject to change where significant delays occur during the process.

Task Anticipated Timeframe Submission of Planning Proposal to RPA August 2014 Commencement date of Gateway determination August - September 2014 Completion of Studies 15 months from Gateway submission Government agency consultation 2015 - 2016 Public Exhibition 2015 - 2016 Consideration of submissions 2015 - 2016 Post exhibition consideration of planning proposal 2015 - 2016 Date Relevant Planning Authority make plan ?

Planning Proposal – The Halloran Trust 65 Culburra, Callala Bay, Kinghorne Point Ref 25993

Attachments

Attachment One – Council resolution to Defer Lands

Planning Proposal – The Halloran Trust 66 Culburra, Callala Bay, Kinghorne Point Ref 25993

Attachment Two – The Halloran Trust Landholdings affected by this Planning Proposal

No. No. LOT AND DP Applicable Zone under SLEP85 AREA LOTS Culburra – Long Bow Point 1 LOT 51 DP1124845 Rural 1(b), 1(d) 165.1ha* 1 2 LOT 107 DP875249 Rural 1(a), 1(d) 2.798ha* 1 3 LOT 108 DP875249 Rural 1(d) 6413m²* 1 Rural 1(d) EP 7(f3), Land of 4 LOT 106 DP875249 Ecological Sensitivity 64.07ha* 1 5 LOT 105 DP875249 Environmental Protection 7(f3) 26.25ha* 1 Residential 2(c), Business 3(f), Special Purposes 5(a) Community Purposes & Aged Persons, EP 7(a), 1%AEP, 25m building line, Land of Ecological 6 LOT 5 DP1065111 Sensitivity 55.28ha* 1 Rural 1(d), Residential 2(c), Business 3(f), Industrial 4(a), Special Purposes 5(c) School, Open Space 6(c) Proposed, 7 LOT 6 DP1065111 EP 7(a) 345.4ha* 1 Rural 1(d), Residential 2(c), 8 LOT 7 DP1065111 Land of Ecological Sensitivity 83.21ha* 1 9 LOT 8 DP1065111 Rural 1(b), 1(d) 164.5ha* 1 Residential 2(c), EP 7(a) 38.43ha* (40.46ha less 10 LOT 61 DP755971 1%AEP approx. area of reserv'n) 1 13.94ha* (16.18ha less 11 LOT 62 DP755971 Rural 1(d), EP 7(a) approx. area of reserv'n) 1 12 LOT 81 DP755971 Rural 1(d) 16.18ha* 1 13 LOT 90 DP755971 Rural 1(b), 1(d) 16.18ha* 1 14.60ha* (16.18ha less 14 LOT 63 DP755971 Rural 1(d), EP 7(a) approx. area of reserv'n) 1 15 LOT 80 DP755971 Rural 1(b), 1(d), EP 7(a) 16.18ha* 1 23.54ha* (24.28ha less Culburra Rd- DP 16 LOT 55 DP755971 Rural 1(b) 221824) 1 17 LOT 56 DP755971 Rural 1(b), 1(d) 32.37ha* 1 5.23ha* (5.86ha less Culburra Rd- DP 18 LOT 1 DP973063 Rural 1(b) 221824) 1 1.041ha* (1.214ha less Culburra Rd- DP 19 LOT 1 DP973064 Rural 1(b) 221824) 1 Rural 1(b), 1(d), EP 7(a), 20 LOT 64 DP1107668 1%AEP 14.36ha* 1 Rural 1(b), 1(d), EP 7(a), 21 LOT 1 DP179045 1%AEP 3.675ha* 1 Rural 1(b), 1(d), Residential 14.59ha (approx. area - 22 Reserved roads hatched in blue 2(c), EP 7(a), 1%AEP scaled) 1 1117ha (Approx.) 22 Kinghorne Point – Arrow Point

Planning Proposal – The Halloran Trust 67 Culburra, Callala Bay, Kinghorne Point Ref 25993

No. No. LOT AND DP Applicable Zone under SLEP85 AREA LOTS 25.22ha (approx. area - 1 Reserved roads EP 7(f3) scaled) 1 EP 7(f3) Lots 1-27, 62-109, 138-206, 229- 286, 301-316, 335, 343 & 344 in 2 DP13393 23.32ha* 221 Lots 222-228, 287-300, 317-334, EP 7(f3) 3 337 & 338 in DP13393 14.96ha* 41 4 LOT 340 DP13393 EP 7(f3) 1284m²* 1 5 LOT 342 DP13393 EP 7(f3) 7499m²* 1 6 LOT 3412 DP1104686 EP 7(f3) 57.2ha* 1 7 LOT 2559 DP13393 EP 7(f3) 4.376ha* 1 Lots 2456-2472, 2499-2555 in EP 7(f3) 8 DP16366 5.912ha* 74 9 LOT 6831 DP877474 EP 7(a), 7(f3) 13.67ha* 1 10 LOT 31 DP861840 EP 7(f3) 5.487ha* 1 11 Reserved roads EP 7(f3) 2.461ha* 1 Lots 2560-2570, 2572-2838, 2840- EP 7(f3) 12 2939 and 2941-2945 in DP12720 29.05ha* 383 13 LOT 25 DP863737 EP 7(f3) 4.574ha* 1 14 LOT 26 DP863737 EP 7(f3) 1396m²* 1 15 Reserved roads EP 7(f3) 12.54ha* 1 199.78ha (Approx.) 730 Callala – Wood Estate 1 LOT 53 DP772178 Rural 1(d) 31.84ha* 1 Rural 1(d) 2 LOTS 9-11, 17 & 18 in DP253793 6592m²* 5 LOTS 599-622, part LOTS 623-627 Rural 1(d) 3 & LOT 628 in DP11388 2.728ha* 30 LOT 507 DP877900 (Nth AND Sth Rural 1(d), Land of Ecological of Beechwood Pde & Currarong Sensitivity (north of Forest 4 Rd) Road) 73.81ha* 1 LOTS 18-88, 90-162, 165-167, Rural 1(d), lands north of Forest 169-187, 192, 193, 197-208, 221, Road are Land of Ecological 222, 229-273, 277-281, 285, 286, Sensitivity 293-358, 373-389, 400-404, & 410- 5 438 in DP14959 34.96ha* 349 LOTS 104-112, 158-163, 165-178, Rural 1(d) 6 180-187 & 189 in DP877898 11.84ha* 38 LOTS 443-474, 481-656, 664-693 Rural 1(d) 7 & 696-698 in DP14958 24.31ha* 241 Rural 1(d) 8 LOT 189 DP877898 18.99ha* 1 9 LOT 503 DP877900 Rural 1(d) 5.763ha* 1 10 LOT 504 DP877900 Rural 1(d) 3.673ha* 1 11 LOT 505 DP877900 Rural 1(d) 1.928ha* 1 12 LOT 506 DP877900 Rural 1(d) 3197m²* 1

Planning Proposal – The Halloran Trust 68 Culburra, Callala Bay, Kinghorne Point Ref 25993

No. No. LOT AND DP Applicable Zone under SLEP85 AREA LOTS Rural 1(d), EP 7(a) 13 LOTS 28-30 in DP755971 59.25ha* 3 14 LOT 2 DP775060 Rural 1(d) 67.43ha* 1 15 LOTS 8-23 DP877899 Rural 1(d) 7624m²* 16 16 Reserved roads Rural 1(d) 8.687ha* 1 17 Reserved roads Rural 1(d) 7.44ha* 1 18 Reserved roads Rural 1(d) 10.32ha* 1 364.7ha (Approx.) 693

Planning Proposal – The Halloran Trust 69 Culburra, Callala Bay, Kinghorne Point Ref 25993

Attachment Three – Advice from Minister of Planning & Environment to Shoalhaven City Council

Planning Proposal – The Halloran Trust 70 Culburra, Callala Bay, Kinghorne Point Ref 25993

Attachment Four - Relevant State Environmental Planning Policies (SEPP)

Impacts upon this State Environmental Planning Policy Applies to Land Planning Proposal? Illawarra Regional Environmental Plan, 1986 (deemed SEPP)    The provisions of the IREP86 are applicable to lands within this study area which are located to the north of the Lake Wollumboola ridgeline, which divides the Culburra expansion area.  There is no prime crop & pasture land, rainforest vegetation, habitat corridor under this LEP applicable to the subject land.

Jervis Bay Regional Environmental Plan, 1996 (deemed SEPP)    The study area is not within a habitat corridor or an area of disturbed habitat / vegetation  A large part of the study area is within the catchment of Lake Wollumboola, a specified waterbody in the REP  A large part of the study area is to be gifted to the NSW Government for an extension to Jervis Bay National Park

SEPP 1—Development Standards - - SEPP 4—Development Without Consent - - SEPP 6—Number of Storeys in a Building    This is a general SEPP that clarifies the definition of a storey in a building and it may be pertinent to any future building in the retail core or mixed use commercial / retail / tourist precincts.

SEPP 14—Coastal Wetlands    Development within proximity of SEPP14 wetlands  Ensures coastal wetlands are preserved and protected  Concurrence required for filling, excavation or other works within SEPP 14 wetland

SEPP 15 – Rural Land Sharing Communities - - SEPP 19—Bushland in Urban Areas - - SEPP 21—Caravan Parks - - SEPP 22—Shops and Commercial Premises - - SEPP 26—Littoral Rainforests - - SEPP 29 – Western Sydney Recreation Area - - SEPP 30—Intensive Agriculture - - SEPP 32—Urban Consolidation (Redevelopment of Urban Land) - - SEPP 33—Hazardous and Offensive Development - - SEPP 36—Manufactured Home Estates    Manufactured home estates are permissible within urban zones and adjacent rural zones  While this SEPP applies to the land, it is unlikely that any sites within the planning proposal will be allocated to this use due to their size.

SEPP 44—Koala Habitat Protection    This state policy is applicable where land has an area of more than 1 hectare in contiguous ownership  The aim of the policy is conserve and manage areas of natural vegetation that provide habitat for koalas  Flora and fauna assessment has been undertaken over large areas of the Culburra Beach planning proposal study area. Koalas have not been found in recent surveys across this study area.

Planning Proposal – The Halloran Trust 71 Culburra, Callala Bay, Kinghorne Point Ref 25993

Impacts upon this State Environmental Planning Policy Applies to Land Planning Proposal? SEPP 47 – Moore Park Showground - - SEPP 50—Canal Estate Development - - SEPP 52—Farm Dams etc. in Water Management Plan Areas - - SEPP 55—Remediation of Land - - SEPP 59 – Central Western Sydney Regional Open Space & Residential - - SEPP 60—Exempt and Complying Development    This SEPP will apply to future development within the R1 and other zones, allowing ancillary development to dwelling houses, boundary adjustment between lots, dwelling houses to be determined by complying development certificates etc.

SEPP 62—Sustainable Aquaculture    This state policy will apply to development particularly within the Crookhaven River catchment  Consultation has been undertaken with the oyster growers  Important to ensure water quality of the Crookhaven River is maintained so that there is no contamination of the oysters which may cause significant health risk to the public

SEPP 64—Advertising and Signage - - SEPP 65—Design Quality of Residential Flat Development    Only applies to four storey or higher permanent residential accommodation  The mixed use commercial / retail / tourist precincts within the West Culburra expansion area have the potential to contain buildings which may need to be designed in accordance with this SEPP in the future

SEPP 70—Affordable Housing (Revised Schemes) - - SEPP 71—Coastal Protection    Currently applies to development within 1km of the NSW coast  The submission of a Master Plan would be required for residential subdivision within sensitive coastal locations or if more than 25 lots are proposed in the coastal zone outside the sensitive coastal location – applies to West Culburra expansion area but not the Callala Bay western urban development expansion area

SEPP (Affordable Rental Housing) 2009    Potential may exist for future residential allotments to be used for affordable housing under this SEPP

SEPP (Building Sustainability Index: BASIX) 2004    This SEPP will apply to future residential development to ensure design and construction meet target water and thermal efficiency requirements.

SEPP (Exempt and Complying Development Codes) 2008    This SEPP will apply to future development within the planning proposal study area.

SEPP (Housing for Seniors or People with a Disability) 2004    This policy provides for specifically designed dwellings, including self-care, or hostel and full care accommodation for older persons or those with a disability  This policy can be utilised to provides appropriate housing where Council’s LEP does not otherwise permit housing for seniors or people with disability

Planning Proposal – The Halloran Trust 72 Culburra, Callala Bay, Kinghorne Point Ref 25993

Impacts upon this State Environmental Planning Policy Applies to Land Planning Proposal? SEPP (Infrastructure) 2007    Traffic generating development, construction of public reserve construction and a wide range of other infrastructure is permissible without development or with development consent in prescribed zones  It is likely that individual stages in future subdivision proposals will be traffic generating development is determined that Culburra Road is a classified road – it is not currently identified by RMS as a classified road – it is an unclassified regional road.

SEPP (Major Developments) 2005 - - SEPP (Mining, Petroleum Production & Extractive Industries) 2007 - - SEPP (Rural Lands) 2008    Applicable to the urban development of currently rural zoned lands – community benefit achieved through this planning proposal as it is likely to result in the conservation of high quality ecologically sensitive lands  Rural lands are proposed to be rezoned in this planning proposal to specifically permit residential or potentially rural residential development (i.e. investigation area)  Little prime crop and pasture land is being rezoned for urban purposes. That which is mapped within the overall study area is to be conserved though gifting to the NSW Government as an addition to the Jervis Bay National Park

SEPP (Temporary Structures) 2007 - - SEPP (Urban Renewal) 2010 - -

Planning Proposal – The Halloran Trust 73 Culburra, Callala Bay, Kinghorne Point Ref 25993

Attachment Five – Ministerial Directions - Section 117 The following is a list of Directions issued by the Minister for Planning to relevant planning authorities under section 117(2) of the Environmental Planning and Assessment Act 1979. These directions apply to planning proposals lodged with the Department of Planning on or after the date the particular direction was issued:

No Direction Applies Relevant Consistent Comment on this proposal

1. Employment and Resources 1.1 Business and Industrial    Land is identified for business and Zones industrial purposes in this planning proposal. The proposal aims to expand employment lands beyond those currently zoned for business or industrial purposes in the SLEP85.

1.2 Rural Zones    It is proposed that rural zones be rezoned though this master plan for

urban purposes in lieu of land of high environmental sensitivity to be retained through long term conservation as extensions to Jervis Bay National Park.

1.3 Mining, Petroleum Production  and Extractive Industries

1.4 Oyster Aquaculture    There are active priority oyster leases adjacent to the Culburra Beach expansion area. The provisions of SEPP 62 will be addressed through the gateway process and with ongoing negotiation with the Crookhaven Oyster Farmers.

1.5 Rural Lands    There is no proposal to rezone land of prime crop and production potential to residential; these lands are located within other lands of lands of high environmental significance which are proposed to be conserved through extensions to Jervis Bay National Park.

2. Environment and Heritage 2.1 Environment Protection    Highly sensitive environmental areas Zones are proposed to be conserved through gifting of lands to the NSW Government for extensions to the Jervis Bay National Park.

Planning Proposal – The Halloran Trust 74 Culburra, Callala Bay, Kinghorne Point Ref 25993

No Direction Applies Relevant Consistent Comment on this proposal

2.2 Coastal Protection    The coastal zone (as mapped under SEPP71) applies to Culburra expansion area and Kinghorne / Arrow Points due to their proximity to either the coast, a coastal lake or a national park within the coastal zone (lands within 1km of the coast). The NSW Coastal Policy & Coastal Design guidelines will be addressed through the gateway process.

2.3 Heritage Conservation    Aboriginal heritage items are likely to be identified within the study area and an archaeological assessment will form part of the documentation provided through the gateway process

2.4 Recreation Vehicle Areas   There are no proposed recreation vehicle areas within this planning proposal

3. Housing, Infrastructure and Urban Development

3.1 Residential Zones    This planning proposal will incorporate new residential zones which provide a range of living environments from single dwellings, multi-unit housing in medium density form and mixed use buildings.

Efficient use can be made of existing infrastructure to facilitate growth in this region.

Conservation and protection of high biodiversity environmental lands is proposed through a conservation as National Park, as an offset to facilitate urban expansion in the region.

3.2 Caravan Parks and    There are no lands proposed for the Manufactured Home establishment of caravan parks or Estates manufactured home estates within this overall study area

3.3 Home Occupations    To remain consistent with the LEP standard template & Council’s SLEP2014, home occupation will remain permissible without consent in the zones which permit dwellings

Planning Proposal – The Halloran Trust 75 Culburra, Callala Bay, Kinghorne Point Ref 25993

No Direction Applies Relevant Consistent Comment on this proposal

   3.4 Integrating Land Use and Shared pedestrian and cycle Transport pathways are proposed throughout urban zones to be developed through this planning proposal, allowing access to existing and proposed services and recreation opportunities. Major road design for future subdivision (such as the current Part 3A application) will be designed and constructed to facilitate public transport services – i.e. bus routes Development Near Licensed  3.5 Aerodromes

 3.6 Shooting Ranges

4. Hazard and Risk 4.1    Acid Sulfate Soils Land identified as high risk will not be developed for urban purposes but utilised where applicable for other purposes such biodiversity conservation areas, e.g. Downes Creek area at Long Bow Point 4.2 Mine Subsidence and Unstable 

Land 4.3    Flood Prone Land Urban development in areas of high hazard floodway or flood storage will be avoided – land identified as being flood affected is adjacent to the Crookhaven River / Curleys Bay foreshore and these are unlikely to be developed for housing or other habitable structures    4.4 Planning for Bushfire Bushfire Assessment to be Protection undertaken & NSW Rural Fire Service to be consulted as part of Gateway Process with supporting suitably qualified consultant preliminary assessment being undertaken to determine likely future asset protection zones, location of perimeter fire trails, dwelling BAL construction levels etc.

5. Regional Planning

Planning Proposal – The Halloran Trust 76 Culburra, Callala Bay, Kinghorne Point Ref 25993

No Direction Applies Relevant Consistent Comment on this proposal

5.1    Implementation of Regional This gives legal effect to current Strategies regional strategies such as the South Coast Regional Strategy This planning proposal is generally consistent with the SCRS or where not, meets the sustainability criteria to permit future development. 5.2  Sydney Drinking Water Catchments 5.3  Farmland of State and Regional Significance on the NSW Far North Coast 5.4  Commercial and Retail Development along the Pacific Highway, North Coast 5.5  Development in the vicinity of Ellalong, Paxton and Millfield (Cessnock LGA) (Revoked 18 June 2010) 5.6  Sydney to Corridor (Revoked 10 July 2008. See amended Direction 5.1) 5.7  Central Coast (Revoked 10 July 2008. See amended Direction 5.1)  5.8 Second Sydney Airport: Badgerys Creek 6. Local Plan Making

   6.1 Approval and Referral This direction ensures LEP provisions Requirements encourage the efficient and appropriate assessment of development. It is unlikely that there will be any additional concurrence requirements within this planning proposal which will lead to a future development proposal requiring referral to the Minister.

Planning Proposal – The Halloran Trust 77 Culburra, Callala Bay, Kinghorne Point Ref 25993

No Direction Applies Relevant Consistent Comment on this proposal

6.2    Reserving Land for Public The provision of public services and Purposes facilities could be affected by this planning proposal, particularly as the current SLEP1985 provides a specific zone for a high school within the Culburra Beach study area and that is not being provided in this planning proposal. Further, Council had in the draft SLEP2013 did not pursue this future school zone, therefore this planning proposal is consistent with the exhibited draft. The DSLEP2013 RE1 zone on the southern side of Culburra Rd is not being provided for public open space, but an area is being provided within the expansion area Part 3A project for playing fields in lieu of this mapped RE1 zone.    6.3 Site Specific Provisions This direction discourages unnecessarily restrictive site specific planning controls within a planning proposal. Lot size maps will be provided that are generally consistent with the current standard for residential subdivision in urban areas. There will be small lot integrated housing provisions applicable to certain areas within the Culburra urban expansion area that may not be represented across the remainder of the Shoalhaven. No consideration has yet been given to the suitability of the expansion areas for dual occupancy subdivision in line with Council’s current policies for Callala Bay and Culburra Beach.

7. Metropolitan Planning  7.1 Implementation of the Metropolitan Plan for Sydney 2036

Planning Proposal – The Halloran Trust 78 Culburra, Callala Bay, Kinghorne Point Ref 25993

Attachment Six – South Coast Regional Strategy Sustainability Criteria – Culburra Beach – Callala Bay expansion areas

Threshold Sustainability Measurable explanation of criteria Comments on this Planning Criteria for any proposed Proposal development site outside designated areas in the SCRS

1. Infrastructure  Development is consistent with South As provided in Attachment Provision Coast Regional Strategy, any Four above, relevant Section subregional strategy, the State 117 Directions can be Mechanisms in place to Infrastructure Strategy and relevant achieved through this planning ensure utilities, transport, section 117 direction/s. proposal. open space and communication are provided  The provision of infrastructure (utilities, Future subdivision design will in a timely and efficient way transport, open space and ensure main access roads communications) is costed and within the urban expansion economically feasible based on areas are of suitable size and government methodology for determining design parameters to cater for infrastructure development contributions. public transport – in this case buses, where bus services are  Preparedness to enter into development provided. Connectivity to bus agreement stops will be provided with shared pedestrian and cycle ways throughout the subdivision.

Relevant infrastructure (e.g. reticulated water & sewage networks, electricity, telephone and likely broadband) will be provided in urban zones and rural zones where Council’s development servicing plans or policies for water & sewage services allow.

Open space is being provided through both public and private mechanisms for active and passive recreation, either by specific zoning or through future subdivision design (e.g. that provided in the Part 3A application for Culburra expansion area). Foreshore areas are to be largely conserved for public recreational opportunities or foreshore protection. A playing field area is centrally located within the Culburra expansion area. A low environmental impact private recreation &

Planning Proposal – The Halloran Trust 79 Culburra, Callala Bay, Kinghorne Point Ref 25993

Threshold Sustainability Measurable explanation of criteria Comments on this Planning Criteria for any proposed Proposal development site outside designated areas in the SCRS

conservation area is provided at Long Bow Point for purposes such as a golf course.

To ensure long term preservation of areas of high biodiversity significance throughout the study area as an offset to additional urban development in marginal habitat locations, the identified lands are to be gifted to the NSW Government for an extension to Jervis Bay National Park.

2. Access  Accessibility of the area by public Bus services operate within transport and/or appropriate road access the region, by private Accessible transport options in terms of: companies. There are no rail for efficient and sustainable o Location/land use – to existing or public authority services travel between homes, jobs, networks and related activity centres. provided south of Bomaderry. services and recreation to be o Network - the area’s potential to be existing or provided serviced by economically efficient Private companies operate the transport services. bus services to Nowra from o Catchment – the area’s ability to Culburra Beach and Nowra on contain, of form part of, the larger a week day but there are urban area which contains adequate currently few weekend transport services. Capability for land services. use/ transport patterns to make a positive contribution to achievement The proposal urban of travel and vehicle use goals. expansions of this planning  No net negative impact on performance proposal will not result in a of existing subregional road, bus, rail, reduction in services to the ferry and freight network. township of Culburra Beach or the village of Callala Bay.

3. Housing Diversity  Contributes to the geographic market A range of housing types are spread of housing supply, including any provided through a range of Provide a range of housing government targets established for aged, lot sizes, multi -unit housing choices to ensure a broad disabled or affordable housing. sites, mixed use buildings with population can be housed additional potential for shop top housing, particularly in the Culburra Beach expansion area.

Opportunities will exist for small lot integrated housing development which particularly

Planning Proposal – The Halloran Trust 80 Culburra, Callala Bay, Kinghorne Point Ref 25993

Threshold Sustainability Measurable explanation of criteria Comments on this Planning Criteria for any proposed Proposal development site outside designated areas in the SCRS

suit older or disabled persons, located close to the town centre of Culburra Beach.

Opportunities will exist in the future R1 zones for affordable housing provision under SEPP Affordable Rental Housing

4. Employment Lands  Maintain or improve the existing level of There will be no reduction in subregional employment self- the provision of employment Provide regional/local containment lands, particularly at Culburra employment opportunities to  Meets subregional employment Beach as a result of this support the South Coast’s projections planning proposal. The expanding role in the wider o Employment-related land is provided DLSEP2013 IN1 zone will be regional and NSW in appropriately zoned areas. maintained. economies Additional employment opportunities exist with the provision of land for business / retail core activities and tourist accommodation in the Culburra expansion area.

The future R1 zone will permit a wide range of employment / economic benefit land uses including home occupations, home businesses, child care centres, home industry, neighbourhood shops, office premises, registered clubs and veterinary hospitals.

5. Avoidance of Risk  No residential development within 1:100 No new residential Land use conflicts, and risk floodplain. development is proposed to human health and life,  Avoidance if physically constrained land, within the 1% AEP flood plain avoided e.g.: of either the Crookhaven River o High slope. or SEPP 14 wetlands. o Highly erodible.  Avoidance of land use conflicts with Areas of high intensity bushfire adjacent existing or future land use as potential which are proposed planned under relevant subregional or to be conserved in this regional strategy. planning proposal and will be  Where relevant, available safe separated from urban evacuation route (flood and bushfire). development by suitable asset protection zones. Future dwelling construction on the urban fringe will meet relevant

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Threshold Sustainability Measurable explanation of criteria Comments on this Planning Criteria for any proposed Proposal development site outside designated areas in the SCRS

BAL construction requirements of AS3959-2009 and the requirements of Planning for Bushfire Protection. Future subdivision stages can be designed so that there is a low risk to human health & life as a result of a bushfire emergency.

No areas of high slope or highly erodible soils are proposed to be zoned for urban development or rural residential development.

6. Natural Resources  Demand for water within infrastructure There is sufficient capacity in capacity to supply water and does not the water supply systems to Natural resources limits not place unacceptable pressure on cater for additional urban exceeded/environmental environmental flows. development without footprint minimised  Demonstrates most efficient/suitable use compromising environmental of land: flows. The current Culburra o Avoids identified significant zoned 2(c) Residential area is agricultural land. larger than the proposed West o Avoids productive resource lands – Culburra expansion area. extractive industries, fishing and forestry. There will be no significant  Demand for energy does not place loss of agricultural land as a unacceptable pressure on infrastructure result of this planning capacity to supply energy – requires proposal. What prime crop and demonstration of efficient and pasture land there is in the sustainable supply solution. study area will naturally regenerate to forest as part of a long term conservation through addition to existing National Park.

There are no lands with extractive material resource potential capability (as identified on the original Illawarra Regional Environmental Plan, 1986 maps which applied to the whole of the Shoalhaven prior to the gazettal of the JBREP).

Adverse impacts upon oyster aquaculture are considered to be a high priority for this

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Threshold Sustainability Measurable explanation of criteria Comments on this Planning Criteria for any proposed Proposal development site outside designated areas in the SCRS

planning proposal in terms of human health and water quality outcomes. Objectives relating to water quality and monitoring are provided in this regard.

The planning proposal also aims to largely protect fish breeding habitat through the retention of mangroves and riparian vegetation adjacent to the foreshore, particularly of Lake Wollumboola and the Crookhaven River, through the zoning of vegetated areas for Public reserve / Conservation.

Future dwelling houses will be designed in accordance with BASIX principles to best practice water and thermal efficiency standards to reduce the reliance on high energy usage for heating and cooling of the dwellings.

7. Environmental  Consistent with government approved Large areas of high Protection Regional Conservation Plan (if available). biodiversity significance are  Maintains or improves area of regionally proposed to be protected Protect and enhance significant terrestrial and aquatic through gifting to the NSW biodiversity , air quality, biodiversity (as mapped and agreed by Government for expansion of heritage and waterway DEC). This includes regionally significant the existing Jervis Bay health vegetation communities; critical habitat; National Park to ensure that threatened species; populations; such lands are not disturbed ecological communities and their for development. habitats.  Maintain or improve existing This long term conservation environmental condition for air quality. allows the provision of offsets  Maintain or improve existing for development areas in environmental condition for water quality. marginal habitat in favour of o Consistent with community water conservation of high habitat quality objectives for recreational value lands. water use and river health (DEC and CMA). While some threatened o Consistent with catchment and species assessment has been stormwater management planning undertaken to date in relation (CMA and council). to the Part 3A Culburra expansion area and the Part 4

Planning Proposal – The Halloran Trust 83 Culburra, Callala Bay, Kinghorne Point Ref 25993

Threshold Sustainability Measurable explanation of criteria Comments on this Planning Criteria for any proposed Proposal development site outside designated areas in the SCRS

 Protects areas of aboriginal cultural Golf Course application, these heritage value (as agreed by DEC). studies are indicative of the vegetation communities throughout the West Culburra study area though detailed studies are to be completed.

Water quality assessment and future monitoring will be part of an integrated water cycle management strategy for the future development of the proposed urban investigation lands, particularly those within the catchment of the Crookhaven River and Lake Wollumboola.

Lake Wollumboola was nominated as a priority coastal lake for comprehensive protection under the Coastal Lakes Strategy (2003 Coastal Lakes Enquiry - Health Rivers Commission Final Report). A Sustainability Assessment and Management Plan has not yet been completed for this lake.

However Shoalhaven City Council prepared an Estuary Management Plan (2000) for the lake prior to it being gazetted as part of the Jervis Bay National Park.

8. Quality and Equity in  Available and accessible services The expansion of Culburra Services o Available and accessible services Beach township has been a o Do adequate services exist? priority of Shoalhaven City Quality health, education, o Are they at capacity or is some Council since 1983 and this is legal, recreation, cultural and capacity available? recognised through the JBSS community development and o Has government planned and with Culburra Beach being other government services budgeted for further service recognised as a higher order are accessible. provision? town centre. o Developer funding for required service upgrade/access is available. The expansion of this area with the provision of additional retail core and business zones increases the capacity of the

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Threshold Sustainability Measurable explanation of criteria Comments on this Planning Criteria for any proposed Proposal development site outside designated areas in the SCRS

township to have a wider range of services available to it.

Additional medical centres for the growing population within the township or village can augment existing health services.

Ambulance & police services exist in the Culburra Beach township. Provision can be made through the use of the R1 zone for housing for seniors or disabled persons fulfilling a growing community need of an aging population.

85 Planning Proposal – The Halloran Trust Culburra, Callala Bay, Kinghorne Point Ref 25993

Attachment Seven – Proposed Land Use Maps

Planning Proposal – The Halloran Trust 86 Culburra, Callala Bay, Kinghorne Point Ref 25993

Planning Proposal – The Halloran Trust 87 Culburra, Callala Bay, Kinghorne Point Ref 25993