SHOALHAVEN CITY COUNCIL

SPECIAL DEVELOPMENT COMMITTEE

To be held on Thursday, 24 May, 2012 Commencing at 6.00 pm.

21 May, 2012

Councillors,

NOTICE OF MEETING

You are hereby requested to attend a meeting of the Development Committee of the Council of the , to be held in Council Chambers, City Administrative Centre, Bridge Road, Nowra on Thursday, 24 May, 2012 commencing at 6.00 pm for consideration of the following business.

R D Pigg General Manager

Membership (Quorum – 5)

Clr Brumerskyj – Chairperson All Councillors General Manager or nominee (Assistant General Manager)

BUSINESS OF MEETING

1. Apologies 2. Declarations of Interest 3. Deputations 4. Report of the General Manager Strategic Planning & Infrastructure – Draft Shoalhaven LEP 2009 Area/Location Specific Issues – – Vincentia – – Falls Creek 5. Addendum Reports

Note: The attention of Councillors is drawn to the resolution MIN08.907 which states: a) That in any circumstances where a DA is called-in by Council for determination, then as a matter of policy, Council include its reasons for doing so in the resolution. b) That Council adopt as policy, that Councillor voting in Development Committee meeting be recorded in the minutes. c) That Council adopt as policy that it will record the reasons for decisions involving applications for significant variations to Council policies, DCP’s or other development standards, whether the decision is either approval of the variation or refusal.

Note: The attention of Councillors is drawn to Section 451 of the Local Government Act and Regulations and Code of Conduct regarding the requirements to declare pecuniary and non- pecuniary Interest in matters before Council.

Cell Phones: Council’s Code of Meeting Practice states that “All cell phones are to be turned off for the duration of the meeting”.

LOCAL GOVERNMENT ACT 1993

Chapter 3

Section 8(1) - The Council’s Charter

(1) The council has the following charter: • to provide directly or on behalf of other levels of government, after due consultation, adequate, equitable and appropriate services and facilities for the community and to ensure that those services and facilities are managed efficiently and effectively • to exercise community leadership • to exercise its functions in a manner that is consistent with and actively promotes the principles of multiculturalism • to promote and to provide and plan for the needs of children • to properly manage, develop, protect, restore, enhance and conserve the environment of the area for which it is responsible, in a manner that is consistent with and promotes the principles of ecologically sustainable development • to have regard to the long term and cumulative effects of its decisions • to bear in mind that it is the custodian and trustee of public assets and to effectively account for and manage the assets for which it is responsible • to facilitate the involvement of councillors, members of the public, users of facilities and services and council staff in the development, improvement and co-ordination of local government • to raise funds for local purposes by the fair imposition of rates, charges and fees, by income earned from investments and, when appropriate, by borrowings and grants • to keep the local community and the State government (and through it, the wider community) informed about its activities • to ensure that, in the exercise of its regulatory functions, it acts consistently and without bias, particularly where an activity of the council is affected • to be a responsible employer.

REPORT OF GENERAL MANAGER

SPECIAL DEVELOPMENT COMMITTEE - DRAFT LEP 2009

THURSDAY, 24 MAY 2012

STRATEGIC PLANNING AND INFRASTRUCTURE

1. Special Development Committee - Draft Shoalhaven Local Environmental Plan 2009 - Area/Location Specific Issues - Tomerong, Vincentia, Woollamia, Falls Creek and Worrowing Heights File 33363E & 45262E (PDR)

PURPOSE OF THE REPORT

To detail the issues raised during the exhibition of the draft SLEP 2009 in relation to Tomerong, Vincentia, Woollamia, Falls Creek and Worrowing Heights, and to outline options to deal with these issues in the finalisation of the draft plan.

RECOMMENDED that Council consider the individual preferred options/changes to draft SLEP 2009 as set out in the body of this report via the successive recommendations.

The recommendations contained in the body of this report are consistent with Council’s resolution of 20 March 2012, being:

“Council consider each submission on its merits and if appropriate, amend the draft LEP accordingly, or add to a list of future projects to be considered following the completion of the draft LEP 2009.”

COMMUNITY STRATEGIC PLAN

Objective: 2.2 Population and urban settlement growth that is ecologically sustainable, carefully planned and managed to meet the needs of the community.

Strategy: 2.2.1 Develop and implement land use and related strategies for future growth of the City, based on the principles of connectivity, ecological sustainability, flexibility and accessibility.

DELIVERY PROGRAM

Activity: 2.2.1.9 Implement the Planning Works Program to complete planning policy and strategy initiatives.

Special Development Committee - Draft LEP 2009-24 May 2012 Page 1

OPTIONS AND IMPLICATIONS

Option 1:

Council consider the individual preferred options/ changes to draft SLEP 2009 as set out in the body of this report via the successive recommendations.

Implications:

This option is preferable because:

• the preferred options/changes respond to concerns raised in submissions that represent good strategic planning outcomes that are consistent with the Standard LEP Instrument. The preferred options/changes are consistent with the “ground rules” and the “best fit transfer” approach wherever possible; and

• re-exhibition of draft SLEP 2009 will provide a further opportunity for the community to consider how Council has addressed these issues, and make further comment if they wish.

Option 2:

Council adopt changes to the draft SLEP 2009, other than those suggested and justified in this report.

Implications:

This option is not recommended as there is a real risk of there being no strategic planning basis to making changes other than those outlined and recommended in the report.

REPORT DETAILS

This report addresses the area specific issues raised in relation to the area, and specifically for the localities of Tomerong, Vincentia, Woollamia, Falls Creek and Worrowing Heights. A large number of submissions were received that commented on area specific issues within the Jervis Bay Region; these issues will be grouped by locality and those localities not included in this report will have already been considered in earlier reports.

Background:

The Jervis Bay Region is widely recognised for its natural, cultural and recreational values that are of national and international significance. Because of these values the Region is also a popular place to live and visit. The Region is made up of 17 towns and villages and three recognised rural residential areas. The Jervis Bay Regional Environmental Plan (JBREP) was gazetted by State Government in 1996 with the aim of protecting the natural and cultural values of Jervis Bay, ensuring that development proposals allow for people to use and enjoy the area without compromising the very values that make the area so attractive. The JBREP was accompanied by a moratorium

Special Development Committee - Draft LEP 2009-24 May 2012 Page 2

on major residential and rural residential land use changes until such time as a settlement strategy was prepared and endorsed by the State Government.

The Jervis Bay Settlement Strategy (JBSS) was completed in 2003 and set the strategic framework to manage residential and rural residential growth in the area for the next 15 - 20 years. The JBSS proposed a series of actions, some of which have been completed e.g. Vincentia District Centre and Heritage Estates, some of which are currently underway e.g. Jerberra Estate rezoning, and some which are yet to be commenced due to resourcing constraints e.g. urban expansion area.

# As the actions in the JBSS are being undertaken separately, the draft SLEP 2009 is essentially a ‘best fit’ transfer for the Jervis Bay Region. However, there were some exceptions as noted in the ‘Exceptions to ‘best fit’: key specific changes’ document which formed part of the exhibition materials. The relevant section of this document is provided as Attachment ‘A’ to this report.

Key issues

During the exhibition period a large number of submissions were received that related to or mentioned Jervis Bay area specific issues, as detailed below:

Type Tomerong Vincentia Woollamia/ Worrowing Falls Creek Heights Individual 4 35 10 5 Form Letters 0 1 3 0 Petitions 0 1 0 0 Local, State & Federal Agencies 0 0 Rezoning Requests 0 0 0 0 CCBs & other community groups 1 5 0 0 Internal 0 0 0 0

# A summary of each relevant submission, is included in Attachment ‘B’. A number of the submissions that commented on Jervis Bay issues did not comment on this issue alone and therefore ‘Attachment B’ only summarises that part of each submission that related specifically to the Jervis Bay area issues. Any other issues raised in the submissions listed above will be, (or may already have been), separately considered on their merits and if appropriate the draft LEP will be amended or the matter added to a list of future projects to be considered following the completion of this draft LEP. This is consistent with Council’s resolution of 20 March 2012.

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Tomerong (Issues 1-5)

There were four individual and 1 community group (Tomerong Community Forum) submissions received in relation to the Tomerong area. The map below is an extract of the draft Land Zoning Map for Tomerong village.

RU3

SP2 RU5

R5 RU2

RU2

RU5

Extract from the draft Land Zoning Map (draft SLEP 2009 as exhibited) - Tomerong

Issue 1: Hell Hole quarry

One submission was received in regard to the ‘Hell Hole’ quarry located at Blackbutt Road, Tomerong (Lots 45, 58, 66, 102, 105, 108 and 159 DP 755965). The maps below show the location of the site and various attributes mapped in the draft LEP.

E1 Highway Princes Highway Princes

RU2 R5

RU3 RU2

Turpentine Road Turpentine Road

Extract from the draft Land Zoning and NRS-Biodiversity Maps (draft SLEP 2009 as exhibited) Lots 45, 58, 66, 102, 105, 108 and 159 DP 755965, Blackbutt Range Road, Tomerong

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Highway Princes Princes Highway Princes

Turpentine Road Turpentine Road

Extract from the NRS - Water and Buffers Maps (draft SLEP 2009 as exhibited) ‘Hell Hole’ Lots 45, 58, 66, 102, 105, 108 and 159 DP 755965, Blackbutt Range Road, Tomerong

General Submission (received from Cowman Stoddart on behalf of landowner) • Objects to location of watercourse category one within the property - correct location detailed in submission. • Requests Council modify its mapping to reflect the true location of this watercourse so does not restrict or impede future development of this existing extractive operation. • Requests Council modify NRB layer to reflect the location of the existing and proposed extractive operations so that these provisions do not unnecessarily restrict or impede future development of this extractive operation and its associated resource.

Comment It is acknowledged that the mapping on which the watercourses overlay is based was produced at a high level from topographical maps which can result on inaccuracies when applied on the ground. It is the best information that Council has available at this point and is considered adequate as the water clause associated with the NRS-Water mapping does not act as a prohibition, rather as a trigger to consider impact of future development on waterways in the vicinity. However, if more accurate information is available, it is appropriate to update the NRS-Water mapping with this more accurate data.

In regards to the request to modify the NRS-Biodiversity overlay, the subject site is mostly surrounded by National Park and has been identified as containing significant vegetation and forming part of a habitat corridor. SLEP 1985 identified the site as ‘land of ecological sensitivity’. The current development consents for the operation of the quarry would have had to consider the environmental attributes of the site as part of the development application process. It would be inappropriate to remove this overlay without justification other than a desire for environmental constraints to not impede development of the site.

Recommendation 1:

That the NRS-Water map be modified to more accurately show the location of the category one waterway on Lots 45, 58, 66, 102, 105, 108 and 159 DP 755965 as per the information provided in the submission from Cowman Stoddart.

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Issue 2: 271 Turpentine Road

One submission was received in regards to Lot 182 DP 755968 271 Turpentine Road, Tomerong. This property is shown on the map below.

RU3

Turpentine Road

RU2 R5

RU5

Extract from the Land Zoning Map (draft SLEP 2009 as exhibited) Lot 182 DP 755968 271 Turpentine Road, Tomerong

General submission • Would like to subdivide land into 1 X 20 acre and 2 X 15 acres properties as struggling to maintain 50 acres.

Comment The property in question currently has an area of 19.42 ha and is proposed to be zoned RU2 Rural Landscape. The area has a minimum lot size of 40ha under SLEP 1985 and with a proposed 40 ha minimum under the draft SLEP 2009. The request from the landowner to reduce the minimum lot size to enable the subdivision on the property into three smaller parcels is not able to be justified and is inconsistent with the South Coast Regional Strategy which states:

Existing rural residential zones have the capacity to meet the demands for rural lifestyle housing within the Region. Limited areas for additional rural residential must be located on cleared land 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.

There is no strategic planning work to support this request and the land was not identified for investigation in the JBSS. Any change to the minimum lot size for this property would create an undesirable precedent and is not supported.

Recommendation 2:

That the submission requesting subdivision of 271 Turpentine Road, Tomerong be received for information and the existing minimum lot size retained.

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Issue 3: Minimum lot sizes

One submission commented on the minimum lot size surrounding Tomerong. The map below shows the minimum lot sizes for Tomerong.

Extract from the Minimum Lot Size Map (draft SLEP 2009 as exhibited) - Tomerong

General submission • Objects to 40 hectare minimum lot size in greater Tomerong area up to village boundary, within 2km radius the minimum lot size should be 2 hectares (efficient land use). • There should be no further residential development within 5 kilometres from the seashore because of rising sea levels and beach erosion. The foreshore should be left for sensitive tourist day trip development, with residential development located 10km from seashore.

Comment The request to change the minimum lot size within a 2km radius of Tomerong to 2 hectares has no strategic basis and would result in a significantly large area of new rural residential development with no justification. As discussed above in Issue 2, this would be inconsistent with the South Coast Regional Strategy and unlikely to be supported by State Government. Further, as can be seen on the map above, there are several large urban zoned parcels that may already be able to be subdivided to provide additional lots around Tomerong in the future.

The concerns expressed regarding rising sea levels and beach erosion are appreciated and will be a major consideration should there be any proposals for new residential development in areas that are at risk close to the coast.

Recommendation 3:

That the submission regarding minimum lot sizes in greater Tomerong and sea level rise concerns be received for information.

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Issue 4: 142 Blackbutt Range Road

One submission was received regarding the Natural Resource Sensitivity (NRS)- Biodiversity overlay over 142 Blackbutt Range Road, Tomerong. The maps below show the property in question.

Extract from the draft Land Zoning and NRS-Biodiversity Maps (draft SLEP 2009 as exhibited) 142 Blackbutt Range Road, Tomerong

General submission • Objects to Lot 23 DP 755965, 142 Blackbutt Range Road, Tomerong being identified on the Biodiversity overlay as 'Habitat Corridor'. The western half of the site is mainly cleared and used for farming. The current 'land of ecological sensitivity' hatching over the land means that many agricultural uses that would otherwise not require consent need a development application. • Requests that the 'habitat corridor' be removed from the biodiversity overlay for the site and also off the surrounding 1(c3) zoned area.

Comment There is generally no concern with removing the layer over the cleared section of the land - it was always Council’s intention that cleared land would not be included. However, the vegetated area of this land was identified in the South Coast Regional Strategy as 'Habitat Corridor'. The impact of this is that any future development will have to minimise the impact on key habitat features on the property. The ‘habitat corridor’ should be removed from the NRS - Biodiversity overlay over the western cleared half of Lot 23 DP 755965 but retained on the vegetated eastern half of the property.

Recommendation 4:

That the NRS - Biodiversity overlay be removed over the western cleared half of 145 Blackbutt Range Road, Tomerong (Lot 23 DP 755965) but retained on the vegetated eastern half of the property.

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Issue 5: 146 Parnell Road

One CCB submission was received which raised concerns with the zoning and possible development of 146 Parnell Road, Tomerong. The map below shows the proposed zoning and location of the property in question.

Extract from the draft Land Zoning & Buffers Maps (draft SLEP 2009 as exhibited) 146 Parnell Road, Tomerong

Extract from the draft NRS-Biodiversity & NRS-Water Maps (draft SLEP 2009 as exhibited) 146 Parnell Road, Tomerong

Tomerong Community Forum • This property is a large holding 296.2ha [660 acres] adjoining smaller lot subdivisions and within the rural and village amenity of Tomerong. • The subject land is currently zoned Rural 1(d) and has permitted uses relating to Agriculture and Dairying and extractive industries. • The proposal to classify this particular land under a new RU2 Rural landscape zoning holds some grave concerns for the community: o There are now some 94 permitted land uses [some subject to consent] for this land. A lot of which are proposed to be permitted under the SEPP which were not previously permissible [Offensive Industries, Sewerage plants and biosolids, waste disposal facilities and hazardous industries.] o The land is deemed land of Ecological sensitivity and has a habitat corridor under the current JBREP [Jervis Bay Regional Environment Plan]

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o The land has Federal and State listed endangered species on it. o The property has category 1 & 2 creeks running through it.

Comment The proposed RU2 Rural Landscape zone for 146 Parnell Road is the ‘best fit’ transfer of the existing SLEP 1985 Rural 1(d) (General) zone. The range of uses allowable in the RU2 zone is similar to the range of uses currently permitted in the Rural 1(d) zone. The site has an identified extractive resource and so has an extractive industry buffer over the site in both SLEP 1985 and draft SLEP 2009. The draft SLEP 2009 NRS-Biodiversity Map identifies areas of the property as containing significant vegetation and forming part of habitat corridors. A category 1 waterway also runs through the property. Any application for consent to develop the site would need to consider these constraints. It is considered that the RU2 Rural Landscape zone is the appropriate zone for the site. It is simply not possible to further control the future use of the property without changing the zoning of the land to possibly environmental protection. This would be inconsistent with the ‘best fit’ transfer.

Recommendation 5:

That the submission relating to 146 Parnell Road, Tomerong be received for information.

Vincentia (Issues 6-10)

A relatively large number of submissions commented on Vincentia with the majority of these expressing concerns with the zoning of the Burton Street shopping centre. An extract of the draft Land Zoning Map indicates the proposed zonings for Vincentia below.

Extract from the draft Land Zoning Map (draft SLEP 2009 as exhibited) - Vincentia

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Issue 6: Vincentia Neighbour shopping centre

A large number of submissions expressed concerns with the proposed B4 Mixed Use zoning of the Burton Street shopping centre. The map below shows the proposed zoning.

Extract from the draft Land Zoning Map (draft SLEP 2009 as exhibited) Burton Street shopping centre - Vincentia

General submissions • Concerned with loss of neighbourhood shops at Vincentia. • Vincentia Village shops are a vital community resource and no rezoning to B4 should be considered until a detailed Town Plan has been prepared for Vincentia and discussed with all landowners and the community. • On a “best fit” basis, the existing 3(c) neighbourhood zone should be translated into B1 Neighbourhood Centre. • Concerned that other landowners were not advised of the rezoning and this was a request from the largest business landowner on the block. • Concerned that Council is obviously pandering to large business deals without regard for the local community. • Believes that B4 is not an appropriate zone as this could lead to changes and the demise of the shopping centre, would like to see a more appropriate zone. • Should be B1 and HOB for B1 and B2 should be restricted to 8.5 metres. • Concerned that residential flat building development similar to Huskisson will occur. • Believes there will be a need for neighbourhood facilities at the Burton Street site once the large shopping centre at Vincentia cross roads is built. • Burton Street site should not change to a mixed use zoning as gradually it will become dwellings and change the community hub to just another set of residential units.

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• There is the potential here to use the site for community activities that add to the well- being of a community such as a better community meeting place/hall. • Unreasonable to penalise the shop keepers, effectively forcing them out of business through the inclusion of the Objective “To ensure that retail uses do not compete with the commercial core” as required under B4. • The 2(c) residential area adjacent to the Vincentia Neighbourhood Shops should be R2 low density residential. • Supports B4 zone for Lot 1 DP 741946 Cnr Burton Street and Elizabeth Drive in Vincentia - particularly residential apartments above ground floor to increase surveillance of existing centre. Supportive of B4 zone objectives. Requests Council include Tourist and Visitor Accommodation as a permitted use in the B4 zone. Recommends that site be mapped as building height of 11m and FSR of 1:1.2.

Form Letter 20 - 10 copies received • Requests that the limit on height of buildings in Vincentia for foreshore land be set at 7.5 metres and for all other land at 8.5 metres and that this shown on the Height of Buildings map. • Requests that the Burton Street shops in Vincentia be changed from the proposed B4 to a like for like basis • Requests that a comprehensive Town Plan be prepared for Vincentia in consultation with land owners and the community to consider the long range effects of the new developments at the crossroads.

Petition 14 - 23 signatures • The limit on height of buildings in Vincentia for foreshore land should be set at 7.5 metres and for all other land at 8.5 metres and that this be confirmed in the new LEP (SLEP2009) with a Height of Buildings map; and • The new B4 zoning for the Burton Street shops requested by a developer should be rejected and the area be rezoned on a like-for-like basis with existing retail activities being allowed to continue. • Support a comprehensive town plan and community consultation.

Hyams Beach Villagers Association • Vincentia shopping centre should be zoned B1 instead of B4.

Jervis Bay Regional Alliance Inc • The proposed zone of B4 Mixed Use would see a total change in the character of Vincentia. • The business/shopping centre should be zoned B1 Neighbourhood Centre as would be fittingly transferred from its existing zone of 3(c).

SLEP 2009 Review Group • Concerned with the zoning change of Vincentia Neighbourhood shopping centre being changed to B4, mixed development, at the request of the major landholder of the centre.

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• Not only is the recent announcement that Stocklands’ holdings in the Vincentia Neighbourhood shopping centre are for sale, referencing the change in zone to B4 in the sales information, but that this change will dramatically and very adversely impact the residential amenity of Vincentia. • The Council imposed condition that restricts competition with the “local retail centre” (the District Centre) will effectively force the neighbourhood shops out of existence. • The restrictions on B4 and B5 are not precise, clarification is required. • Vincentia neighbourhood shops should be zoned B1, Neighbourhood Shops.

Vincentia Ratepayers & Residents Association • The Vincentia Village shops are a vital community resource and no rezoning to B4 should be considered until a detailed Town Plan has been prepared for Vincentia. • The ‘best fit’ transfer of the 3(c) Business zone and 2(c) Residential should be B1 Neighbour Centre and R1 General Residential. • Concerned with the B4 objective as it may result in the loss of the existing shops.

Comment The majority of the submissions expressed concerns with the proposed B4 Mixed use zoning, with the exception of one submission (landowner) which supported the proposed zone. The intention of the change of zone for the Vincentia neighbourhood shops and some of the adjacent residential properties to the B4 Mixed Use zone is to enable the centre to diversify and adapt once the new Vincentia District Centre is constructed rather than become unviable and contain empty shops. The B4 zone allows for more flexibility in the types of land uses that are permissible but also requires any new development to be a mixture of land uses such as business, office, residential and retail. It should be noted that existing dwellings in the zoned area would benefit from existing use rights.

The community concern regarding the zone objective and its impact are acknowledged, given the uncertainty of its final wording or interpretation. However, the additional objective relating to ‘competition’ does not amount to the prohibition of shops and that was never the intention of the B4 zone. Further, it was resolved on 24 April 2012 to remove this objective from the B4 Mixed Use zone.

In regard to the request for a town plan for Vincentia, this is not within the scope of the draft SLEP 2009. Should Council wish to pursue this option, it would need to be considered by as a stand alone project outside of, but related to, the draft LEP and would require resourcing.

There are three options to address this issue at this point in the LEP process. These are:

Option 1 a) retain the B4 Mixed Use zone as exhibited; and b) consider preparing a development control plan for Vincentia shopping centre to apply more detailed development controls.

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Option 2

a) revise the proposed zone of the shopping centre to B2 Local Centre, including the privately owned car park (the B2 Local Centre zone being more suited to the existing uses than the B1 Neighbourhood Centre which is more suited to a small suburban centre than a town centre); and b) surrounding dwellings be given a R1 General Residential zone consistent with the ‘best fit’ transfer.

Option 3

a) Revise the proposed zone of the shopping centre to B2 Local Centre, including the privately owned car park (the B2 Local Centre zone being more suited to the existing uses than the B1 Neighbourhood Centre which is more suited to a small suburban centre than a town centre); and b) Surrounding dwellings be given a R1 General Residential zone consistent with the ‘best fit’ transfer; and c) Following a more detailed planning exercise (possible town plan) related to the future use of the Vincentia shopping centre, consider revisiting the zones as a future LEP amendment.

Recommendation 6:

a) Revise the proposed zone of the shopping centre to B2 Local Centre, including the privately owned car park; b) Surrounding dwellings be given a R1 General Residential zone consistent with the ‘best fit’ transfer; and c) Following a more detailed planning exercise related to the future use of the Vincentia shopping centre, consider revisiting the zones as a future amendment.

Issue 7: Clause 4.1A Exceptions to Minimum Lot Sizes for dual occupancies and multi dwelling housing

Two submissions expressed concern with the application of Clause 4.1A on the R2 zone in Vincentia. These comments are summarised below.

General submission • Concerned with Clause 4.1A - the R2 zone in Vincentia should be excluded from clause 4.1A.

Vincentia Residents and Ratepayers Association • Requests that the R2 zone in Vincentia be excluded from clause 4.1A.

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Comment Clause 4.1A provides for exceptions to the minimum lot size map for dual occupancies and multi dwelling housing. Multi dwelling houses are prohibited in the R2 Low Density zone so this clause only allows for the subdivision of dual occupancies in the R2 zone and only in areas that are mapped on the Minimum Lot Size Map. Vincentia is mapped as Area 1 which means that dual occupancy that meets the criteria can be subdivided down to 350m2. This ability to subdivide dual occupancies already currently exists under DCP No. 100 - Subdivision Code; the draft SLEP 2009 merely translates this ability from the DCP to the LEP given that minimum lot sizes are now to be mapped in an LEP. It is still considered appropriate that Clause 4.1A applies to the R2 zone in Vincentia as it is identified in the JBSS as a ‘town’ and it is projected to cater for population growth in the area.

Recommendation 7:

That the submission on the application of Clause 4.1A to the R2 zone in Vincentia be received for information.

Issue 8: Height of Buildings

Fourteen submissions, including a form letter and a petition, raised concerns with the proposed height of buildings for Vincentia. A summary of these concerns is set out below.

General submissions • Objects to increase in height of buildings in Vincentia foreshore and existing shopping centre. • Request height of buildings in foreshore areas in Vincentia be 7.5m with all other areas at 8.5metres and that this be shown on the Height of Building map. • An 11m limit would be out of step with the character of the area. It would possibly cause friction and even legal claims if somebody’s expensive solar power generating or water heating system was compromised by a new dwelling or a building modification next door.

Form Letter 20 (10 copies received) • Requests that the limit on height of buildings in Vincentia for foreshore land be set at 7.5 metres and for all other land at 8.5 metres and that this shown on the Height of Buildings map.

Petition 14 (23 signatures) • The limit on height of buildings in Vincentia for foreshore land should be set at 7.5 metres and for all other land at 8.5 metres and that this be confirmed in the new LEP (SLEP2009) with a Height of Buildings map.

Vincentia Ratepayers & Residents Association • Create Height of Buildings Maps for all land in Vincentia showing heights of no greater than 8.5m (two storeys).

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• Expects Council to honour its intention to map 8.5m for R2 and RU5 and 7.5m foreshore land but believes that this does not go far enough as this limited mapping with result in a complete change in the character of Vincentia which is not acceptable. • Do not consider DCPs to be a viable alternative to mapping heights in the LEP.

Comment A number of submissions raised concerns with the general 11 metre height in the draft LEP for Vincentia and request 7.5m for foreshore properties and 8.5m for the remainder of the town. The approach to the key issue of the height of buildings in the draft SLEP was resolved at the Council meeting of 20 March 2012. The resolution was as follows:

a) Council amend the HOB overlay maps in the draft LEP consistent with the Council resolution of 14 April 2011 (D11/88572); b) The village individual specific issues be dealt with in accordance with the agreed schedule.

Thus the areas of Vincentia that are proposed to be zoned R2 Low Density Residential will be shown on the Height of Buildings map at 8.5m as per the above resolution. The foreshore residential properties will be mapped at the lower maximum height of 7.5m as per DCP No. 62 - Residential Development in Foreshore Areas. This includes medium density development in foreshore locations to which DCP No. 62 applies. Vincentia is identified in the JBSS as a ‘town’ rather than a ‘village’; it is not considered appropriate to impose an 8.5m height limit over the business zone as this may unnecessarily restrict future development. Council may want to consider a 8.5m maximum height for the R1 General Residential zoned areas.

There are three options to address this issue at this point in the LEP process. These are:

Option 1

Maintain the maximum height of buildings for Vincentia consistent with Council’s resolution of 20 March 2012 (i.e. R2 Low Density Residential at 8.5 metres, foreshore residential properties at 7.5 metres and remainder at the general 11m maximum).

Option 2

Amend the Height of Buildings Map overlay for Vincentia to map those areas zoned R1 General Residential as 8.5 metres. This would leave the business and other zones at 11m.

Option 3

Amend the Height of Buildings Map overlay for Vincentia to also map all of the urban area of Vincentia as 8.5 metres with the exception of the foreshore residential properties which remain at 7.5 metres.

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Recommendation 8:

Maintain the maximum height of buildings for Vincentia consistent with Council’s resolution of 20 March 2012 (R2 Low Density Residential at 8.5 metres and foreshore residential properties at 7.5 metres and the remainder at the general 11m maximum).

Issue 9: 1413 Naval College Road, Vincentia

One submission raised concerns with the R1 General Residential zoning of Lot 1 DP 270528, 1413 Naval College Road, Vincentia. The map below shows the location of this property.

Extract from the draft Land Zoning Map (draft SLEP 2009 as exhibited) Lot 1 DP 270528 1413 Naval College Road, Vincentia

General submission • R1 behind Vincentia High School (Lot 1 DP 270528) should be RU2 like around this site - it is in the middle of bushland with no access to services.

Comment The R1 General Residential Zone in this location is the ‘best fit’ transfer for the existing Residential 2(c) zone over this site. It is also partially identified on the NRS-Biodiversity overlay and has a minimum lot size of 1ha. Given that this is the case, the R5 Large Lot Residential zone may be more appropriate that the R1 General Residential zone which is generally used for more urbanised areas where a range of housing types and densities area encouraged. As the landowner did not make a submission in this regard, Council may wish to notify the landowner as part of the re-exhibition should a change of zone ultimately be supported.

Special Development Committee - Draft LEP 2009-24 May 2012 Page 17

There are two options to address this issue at this point in the LEP process. These are:

Option 1

Change the zone of Lot 1 DP 270528 1413 Naval College Road, Vincentia from R1 General Residential to R5 Large Lot Residential and advise the affected landowners as part of the re-exhibition process.

Option 2

Retain the exhibited R1 General Residential zone as the ‘best fit’ transfer.

Recommendation 9:

Change the zone of Lot 1 DP 270528 1413 Naval College Road, Vincentia from R1 General Residential to R5 Large Lot Residential and advise the affected landowners as part of the re-exhibition process.

Issue 10: Vincentia District Centre

One submission commented on the Vincentia District Centre. The draft zoning of the area is show on the map below.

Extract from the draft Land Zoning Map (draft SLEP 2009 as exhibited) Vincentia District Centre

Vincentia Ratepayers & Residents Association • Currently controlled by the Department of Planning & Infrastructure Part 3A consent but is to be absorbed into SLEP2009. Zoning of R2 and B2 are ok.

Special Development Committee - Draft LEP 2009-24 May 2012 Page 18

• Request that any changes made to DOP&I approval as this land is incorporated in SLEP 2009 must be re-exhibited for public comment.

Comment The support for the proposed B2 Local Centre and R2 Low Density Residential zones is noted. It should be noted that Council has recently given support to a request to rezone 4 parcels of R2 zoned land adjacent to the B2 zone to R1 General Residential to allow for the development of a medical centre.

In regards to the request that any changes to the Part 3A approval be re-exhibited for public comment, this already occurs as part of the Part 3A approval process. Although the zoning is now being included in Council’s LEP, the approval is and will remain a Part 3A approval which is governed by the Environmental Planning and Assessment Act 1979. Any re-exhibition of approvals granted by State Government by Council would be a duplication of effort and does not necessarily achieve anything as Council does not have the power to change the approvals.

Recommendation 10:

That the submission relating to the Vincentia District Centre be received for information.

Woollamia/ Falls Creek (Issues 11-16)

A number of submissions were received relating to the Woollamia and Falls Creek area covering a range of issues. The map below shows the draft zoning of the area.

Extract from the Land Zoning Map (draft SLEP 2009 as exhibited) Falls Creek and Woollamia

Special Development Committee - Draft LEP 2009-24 May 2012 Page 19

Issue 11: 50 Mortimer Road, Falls Creek

One submission was received expressing support for the R5 zoning of 50 Mortimer Road, Falls Creek. The map below shows the location of the property.

Extract from the draft Land Zoning Map (draft SLEP 2009 as exhibited) 50 Mortimer Road, Falls Creek

General submission • Supports the proposed R5 zoning at 50 Mortimer Road, Falls Creek.

Comment The confirmation of support for the R5 zone from the landowner is noted. This is a longstanding matter which will finally be resolved with the completion of this plan.

Recommendation 11:

That the submission regarding 50 Mortimer Road, Falls Creek be received for information.

Special Development Committee - Draft LEP 2009-24 May 2012 Page 20

Issue 12: Lot 14 DP1045217 Edendale Street, Woollamia

Eight submissions and one form letter, which was received 21 times, raised concerns with the zoning and environmental attributes of Lot 14 DP 1045217 Edendale Street, Woollamia. The property in question is shown on the maps below.

Extract from the draft Land Zoning and NRS-Biodiversity Maps (draft SLEP 2009 as exhibited) Lot 14 DP 1045217 Edendale Street, Woollamia

General submissions • Concerned about the zoning of Lot 14 DP 1045217 and subdivision on North side of Edendale Street, Woollamia and the capacity that this has for a large development to impact on the environment in that region. • Requests that all of Lot 14 DP 1045217 be zoned as “Sensitive Area-Habitat Corridor” and “Sensitive Area-Significant Vegetation”. • Requests rezoning of Lot 14 DP 1045217, also known as the northern side of Edendale Street, Woollamia. Requests rezoning to RU2 Rural Landscape in alignment with the block it was originally subdivided off and the surrounding environment. • Being zoned village there is provision for an increase in the number of houses allowed resulting in doubling the village population. This would completely change the amenity and living environment for the residents of Woollamia. • The block is a floodway and is therefore inappropriate to build on. • Request rezoning of the Lot 14 DP 1045217, also known as the northern side of Edendale Street, Woollamia not be zoned Village but RU2 Rural Landscape in alignment with the block it was originally subdivided off and the surrounding environment. • Contains important habitat for Yellow Bellied Gliders - currently listed as Vulnerable in NSW. The site is also occasional habitat for Glossy Black Cockatoos. This area should be zoned as E2 and clearing not permitted.

Special Development Committee - Draft LEP 2009-24 May 2012 Page 21

Form Letter 8 (21 copies received) • Lot 14 DP 1045217 Edendale Street, Woollamia should be mapped sensitive area habitat corridor and significant vegetation.

Comment The proposed zone is a ‘best fit’ transfer consistent with the administrative transfer approach to the draft SLEP 2009. The current Residential 2(e) (Village) zone under SLEP 1985 has been in place since 1985. The western part of the land has recognised environmental values and has been identified on the NRS - Biodiversity overlay. There is existing subdivision consent over the property for 12 residential lots. The environmental values of this land will be assessed as part of any future development application for the individual dwellings. The subject land is also flood prone which will have an impact on the nature and intensity of any future development.

Recommendation 12:

That the submissions regarding Lot 14 DP 1045217 Edendale Street, Woollamia be received for information.

Issue 13: Lot 7309 DP 1153643 & Lot 1 DP 510429 Edendale Street East, Woollamia

Two submissions and one form letter, which was received 14 times, raised concerns with the heritage attributes of Lot 7309 DP 1153643 & Lot 1 DP 510429 Edendale Street East, Woollamia. The properties in question are shown on the maps below.

Lot 1 DP 510429

Lot 7309 DP 1153643

Extract from the draft Land Zoning Map (draft SLEP 2009 as exhibited) Lot 7309 DP 1153643 & Lot 1 DP 510429 Edendale Street East, Woollamia

General submissions • Lot 7309 DP 1153643 and Lot 1 DP 510429 at the eastern end Edendale Street East should have heritage zoning to protect Aboriginal Middens.

Form Letter 10 - 14 copies received • Lot 7309 DP1153643 and Lot 1 DP 510429 at the eastern end of Edendale Street East should have a heritage zone due to the presence of Aboriginal Middens.

Special Development Committee - Draft LEP 2009-24 May 2012 Page 22

Comment At this point in time, the draft SLEP 2009 only includes items of European history as there has not been a comprehensive study of Aboriginal heritage in Shoalhaven. Nor has been any agreement with the Aboriginal Land Councils that items of Aboriginal significance should be included in the LEP. However, Clause 5.10 Heritage conservation does require consent for any development that involves disturbing or excavating an area of Aboriginal significance also other existing legislation affords protection to sites that have such significance. The inclusion of these properties on the heritage schedule is not supported at this point in time, without the backing of the appropriate heritage study.

Recommendation 13:

That the submissions relating the heritage significance of Lot 7309 DP 1153643 and Lot 1 DP 510429 at the eastern end Edendale Street East, Woollamia be received for information.

Issue 14: Waterway at Edendale Street, Woollamia

Four submissions, including a form letter received 17 times, commented on the tidal estuary that flows under Edendale Street and Woollamia Road. The map below shows the location of the waterway.

Approximate location of the tidal estuary at Edendale Street, Woollamia

Special Development Committee - Draft LEP 2009-24 May 2012 Page 23

General submissions • Requests the tidal estuary that flows under Edendale Street and Woollamia Road be identified on the Natural Resources Sensitivity - Water map. • This tidal estuary is vital in releasing water from the Woollamia Wetlands into Currambene Creek. • It is a natural water way that is full of marine life including mangroves, crabs, prawn and fish hatchlings and birdlife including the Azure Kingfisher. • This land is identified as Floodway; the removal of large areas of vegetation on a floodway is known to exacerbate flooding which will have a detrimental effect on the existing residents. • Increased water diversion into the tidal tributary will intensify the risk to current residents.

Form Letter 19 (17 copies received) • Requests the tidal estuary that flows under Edendale Street and Woollamia Road be identified on the Natural Resources Sensitivity - Water map • This tidal estuary is vital in releasing water from the Woollamia Wetlands into Currambene Creek. • It is a natural water way that is full of marine life including mangroves, crabs, prawn and fish hatchlings and birdlife including the Azure Kingfisher, • this land is identified as Floodway; the removal of large areas of vegetation on a floodway is known to exacerbate flooding which will have a detrimental effect on the existing residents. • Increased water diversion into the tidal tributary will intensify the risk to current residents.

Comment It appears that this waterway was not included in the riparian corridor mapping undertaken by the former NSW Department of Natural Resources (now part of Office of Environment and Heritage) on which the NRS-Water mapping is based. It would be appropriate to include this waterway on the NRS-Water Map overlay to ensure that any development in its vicinity considers possible impacts on the waterway.

Recommendation 14:

That the tidal estuary that flows under Edendale Street and Woollamia Road, Woollamia be included on the NRS-Water Map overlay.

Special Development Committee - Draft LEP 2009-24 May 2012 Page 24

Issue 15: Heritage listing - ‘Strathroy’ 759 Woollamia Road, Woollamia

One submission commented on a potential error in the heritage listing of ‘Strathroy’ 759 Woollamia Road, Woollamia. The comments are summarised below.

General submission • In Schedule 5 property is numbered 1523, however on the Heritage Map it is noted as 1522. Similarly for item 1522 in Schedule 5 which is noted as 1521 on the map. Maybe there is a sequencing error somewhere?

Comment The submitter is correct in that there is an error in the heritage schedule - a property was added to the table (‘Millbank Cottage’ at ) but not to the heritage map. This will be rectified prior to finalisation of the draft LEP. The identification of this anomaly is appreciated.

Recommendation 15:

Add "Millbank Cottage" at 31 Millbank Road, Terara to the Heritage Map as item I471 and all items are re-numbered after this point to rectify the sequencing error.

Issue 16: RU2 zone - northeast end of Sunnyside Avenue, Woollamia

One submission raised concerns with the RU2 Rural Landscape zone of an area of land to the north eastern end of Sunnyside Avenue, Woollamia. This area of land is shown on the maps below.

Lot 30 DP 9289

Lot 24 DP 27814

Lot 29 DP 9289

Extract from the draft Land Zoning and NRS-Biodiversity Maps (draft SLEP 2009 as exhibited) RU2 zone - northeast end of Sunnyside Avenue, Woollamia

General submission • Tongue of land Zoned RU2 at the northeast end of Sunnyside Avenue - land is environmentally sensitive and is important tidal wetland of Currambene Creek and Jervis Bay. It should be zoned E2.

Special Development Committee - Draft LEP 2009-24 May 2012 Page 25

Comment The current draft zone boundary between the rural and environmental protection zones is consistent with the SEPP 14 wetlands map for this area. The proposed zone is a ‘best fit’ transfer from the current Rural 1(g) zone to the draft LEP. The environmental values of the site have been identified on the NRS - Biodiversity overlay. It is recommended that the privately owned land (Lot 30 DP 9289) retain the RU2 Rural Landscape zone but that the publically owned (Council/Crown Lot 24 DP 27814 and Part Lot 9289) component be zoned E2 Environmental Conservation consistent with the surrounding zone.

Recommendation 16: a) Retain the existing RU2 zone over part of the privately held property (Lot 30 DP 9289); and b) Rezone the publically owned component (Council/Crown Lot 24 DP 27814 and Part Lot 9289) from RU2 Rural Landscape to E2 Environmental Conservation consistent with the surrounding zone.

Worrowing Heights (Issues 16-20) There were five submissions received regarding 4 separate properties along Naval College Road, Worrowing Heights. A map showing this area is below.

Extract from the draft Land Zoning Map (draft SLEP 2009 as exhibited) Naval College Road, Worrowing Heights

Special Development Committee - Draft LEP 2009-24 May 2012 Page 26

Issue 17: 1260B Naval College Road, Worrowing Heights

Two submissions were received regarding the change to the minimum lot size for Lot 32 DP 858484 1260B Naval College Road, Worrowing Heights. This property is shown on the maps below.

Extract from the draft Land Zoning and Lot Size Maps (draft SLEP 2009 as exhibited) Lot 32 DP 858484 1260B Naval College Road, Worrowing Heights

General submissions • Landowner supports the intended minimum allotment size of 1 ha on 1260B Naval College Road, Worrowing Heights. Enables a dwelling to be constructed on the site and relocation of the existing landscaping business to a more suitable site. • There is little justification for the anomalous lot size of 1 ha being granted to 1260B Naval College Road. This increases the overall development density of an area that has a minimum lot size of 40ha and creates an unfair precedent for other RU2 property owners wishing to build on smaller lots eg Heritage Estate property owners. The primary existing use of the property ("landscape & garden supplies") is prohibited under the RU2 zone land use matrix, so should not be used to justify further development and exemption.

Comment The concern raised regarding the precedent created by this change to the minimum lot size for this property is appreciated. The property is proposed to be zoned RU2 Rural Landscape which generally has a 40ha minimum lot size. Council, however, previously resolved to support an allowance clause to enable a dwelling on this site to assist with the relocation of the landscaping business to another, more suitable site. Council may wish to reconsider the support for this change.

There are two options to address this issue at this point in the LEP process. These are:

Option 1

Retain the exhibited minimum lot size of 1ha for Lot 32 DP 858484 1260B Naval College Road, Worrowing Heights.

Special Development Committee - Draft LEP 2009-24 May 2012 Page 27

Option 2

Change the minimum lot size for Lot 32 DP 858484 1260B Naval College Road, Worrowing Heights from 1ha to 40ha consistent with the surrounding properties.

Recommendation 17:

That Council support either Option 1 or Option 2.

Issue 18: 1252 Naval College Road, Worrowing Heights

One submission expressed concern with the NRS-Biodiversity map overlay for Lot 1743 DP 28785, 1252 Naval College Road, Worrowing Heights. This property is shown on the maps below.

Extract from the draft Land Zoning and NRS-Biodiversity Maps (draft SLEP 2009 as exhibited) Lot 1743 DP 28785 1252 Naval College Road, Worrowing Heights

General submission • Concerned with sensitive habitat corridor and significant vegetation mapped on 1252 Naval College Rd, Worrowing Heights (Lot 1743 DP 28785). • The corridor is no longer, considering the development around the block. What is the significant vegetation? • Requests that it be removed from the block of land.

Comment The identification of environmental attributes for this property is not new. The SLEP 1985 shows much of this property as ‘land of ecological sensitivity’ as the property forms part of a Jervis Bay Regional Environmental Plan habitat corridor. The property is only one property away from the national park and all of the neighbouring properties have heavily vegetated areas at the rear of their blocks forming an important part of the corridor

Special Development Committee - Draft LEP 2009-24 May 2012 Page 28 linkage between Booderee and the Jervis Bay National Parks. There is no justification for the removal of the NRS-Biodiversity mapping over this property.

Recommendation 18:

That the submission regarding the NRS-Biodiversity Map overlay for Lot 1743 DP 28785 1252 Naval College Road, Worrowing Heights be received for information.

Issue 19: Lot 4 DP 1015690 Naval College Road, Worrowing Heights

A submission was received from the Jervis Bay Baptist Church expressing concern with the NRS-Biodiversity Map overlay applying to Lot 4 DP 1015690 Naval College Road, Worrowing Heights. The maps below show the location of the subject lot.

Extract from the draft Land Zoning and NRS-Biodiversity Maps (draft SLEP 2009 as exhibited) Lot 4 DP 1015690 Naval College Road, Worrowing Heights

Aerial photo of Lot 4 DP 1015690 Naval College Road, Worrowing Heights

Jervis Bay Baptist Church • Lot 4 DP 1015690 Naval College Road, Worrowing Heights - object to the biodiversity overlay as it is restrictive and detrimental with no justification provided. Request they be reviewed and removed.

Special Development Committee - Draft LEP 2009-24 May 2012 Page 29

Comment The additional areas of habitat corridors that are shown on the draft SLEP 2009 NRS- Biodiversity Map overlay have come from the State Government’s Regional Conservation Plan with any cleared areas of land excluded. Substantial environmental issues, including the presence of a threatened orchid, were identified on this site in the course of a development application assessment. Further, as can be seen on the maps and the aerial photo above, the property directly adjoins the Heritage Estates which have well established environmental attributes and have been identified as containing important habitat for the federally listed Bristle Bird. It is considered that the NRS-Biodiversity Map overlay is appropriate for this property.

Recommendation 19:

That the submission regarding the NRS-Biodiversity Map overlay for Lot 4 DP 1015690 Naval College Road, Worrowing Heights be received for information.

Issue 20: 1310 Naval College Rd, Worrowing Heights

One submission expressed support for the zoning of Lot 1752 DP 28785, 1310 Naval College Road, Worrowing Heights. This property is shown on the map below.

Extract from the draft Land Zoning Map (draft SLEP 2009 as exhibited) Lot 1752 DP 28785 1310 Naval College Rd, Worrowing Heights

General submission • Likes the proposed zoning RU2. Concerned with the allowable services within the RU2 zone. The requirements for sewer connection could be restrictive across other allowable uses.

Special Development Committee - Draft LEP 2009-24 May 2012 Page 30

Comment Support for the RU2 Rural Landscape zone for this property is noted. The comments on services and requirements for sewer connection are not directly LEP related matters.

Recommendation 20:

That the submission on Lot 1752 DP 28785 1310 Naval College Rd, Worrowing Heights be accepted for information.

Resourcing Implications - Financial, Assets, Workforce:

To date, considerable staff (workforce) time has been, and will continue to be, prioritised on this project.

Community, Environment (ESD), Economic and Governance Impact:

The recommendations aim to consider and if appropriate address community concern, whilst also recognising and respecting the “ground rules” and the Standard LEP Instrument, on which draft SLEP 2009 has been based. Should the recommendations be supported by Council, then this will reflect good governance, in the context of strategic planning.

The changes to draft SLEP 2009 supported by Council will also be re-exhibited as resolved by Council on 28 February 2012. This will allow further opportunity for the community to comment on these key issues.

CONCLUSION

The Jervis Bay region is recognised as having important natural and cultural values. A large number of submissions were received in regards to this area that raised a wide range of issues. The reporting of these submissions through this report ensures that the issues raised with the draft SLEP 2009 are considered for this unique area.

Peter Adams DIRECTOR, STRATEGIC PLANNING AND INFRASTRUCTURE

R.D Pigg GENERAL MANAGER

Special Development Committee - Draft LEP 2009-24 May 2012 Page 31