Business Paper Shire Strategic Planning Committee
Monday, 9 March 2020 6:30pm
Council Chambers, Level 2, Administration Building, 4-20 Eton Street, Sutherland
Shire Strategic Planning Committee 9 March 2020
ORDER OF BUSINESS
1. ACKNOWLEDGEMENT OF COUNTRY
2. APOLOGIES
3. DISCLOSURES OF INTEREST
4. CONFIRMATION OF MINUTES OF THE PREVIOUS MEETINGS
5. PRESENTATIONS
6. REPORTS FROM OFFICERS PLN008-20 Development Contributions Plans S7.11 and S7.12 - Draft Amendment 3 to Works Schedules PLN009-20 Retention of Open Space in the M6 Corridor PLN010-20 Quarterly Report - Clause 4.6 Variations Register (October to December 2019)
7. QUESTIONS
8. CONSIDERATION OF BUSINESS IN CLOSED SESSION
9. CONFIDENTIAL REPORTS FROM OFFICERS
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PLN008-20 DEVELOPMENT CONTRIBUTIONS PLANS S7.11 AND S7.12 - - DRAFT AMENDMENT 3 TO WORKS SCHEDULES
Attachments: Appendix A (under separate cover), Appendix B (under separate cover) and Appendix PLN008 C (under separate cover)
EXECUTIVE SUMMARY Amendments are required to the two Development Contributions Plans (7.11 and 7.12) to align with their Works Schedules with decisions made by Council in relation to capital projects. The changes include:- removal of completed projects; corrections to delivery timeframes; removal of projects that are not proceeding; increases and decreases to budgeted works as a result of more detailed costing. The amendments also include substituting in new projects that are consistent with the intent of the plans, and the needs and priorities of the community. The two draft amended Contribution Plans (Section 7.11 Development Contribution Plan 2016 and Section 7.12 Development Contribution Plan 2016) must be publicly exhibited for community input for four weeks, as required by legislation. Any submissions received will then be reported to Council before the amendments are finally considered. This report seeks Council’s consideration and endorsement of the draft amended plans before they are placed on public exhibition.
REPORT RECOMMENDATION
THAT:
The Draft Section 7.11 Development Contribution Plan 2016 (Amendment 3, Ed 4) and Draft Section 7.12 Development Contribution Plan 2016 (Amendment 3, Ed 4), be endorsed for public exhibition.
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PURPOSE - This report seeks endorsement of amendments to the Sutherland Shire Development Contribution Plans.
PLN008 BACKGROUND Two Contribution Plans currently apply in the Sutherland Shire: “Section 7.11 Development Contribution Plan 2016” and “Section 7.12 Development Contribution Plan 2016”.
The 7.11 and 7.12 plans both aim to fund acquisition and embellishment of land for additional open space; works that increase the carrying capacity of existing open space/recreation facilities to meet growing demand; new road and traffic works needed because of new development; and public domain improvements associated with demands from an increased population.
Works funded by the 7.11 plan must clearly relate to the needs of a growing population, so the plan funds regional facilities that a growing population will seek out, or works located in the town centres where there is an increasing population due to the development of additional dwellings.
Other augmentation works located outside the centres are funded by the 7.12 (levy) plan where the nexus between population growth and the need for the facility is not as direct. The plans cannot fund maintenance or environmental conservation.
This report presents amendments to the Works Schedules of the Contribution Plans, which will be exhibited as Draft Amendment 3 (Edition 4) to the plans.
DISCUSSION Contributions plans are prepared on the basis of Council’s assessment of the community’s needs and priorities as the population grows and changes. They are prepared at a point in time based on information that is available at that time.
Just as the community is dynamic, Council’s various plans ought to be reviewed as the community’s needs evolve or are better understood. As more detailed strategy and action planning is undertaken, service plans and capital works programs are refined to better align with the community’s needs and expectations.
These reviews can flow through to in changes to the capital works program. Where capital works are funded in whole or part by developer contributions, the contributions plan work schedules need to be amended to align. The amended works schedules do not affect contribution rates.
All off the amendments proposed to the Works Schedules have been informed by the forward capital works planning.
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In summary, the proposed amendments to the plans incorporate the following changes: - Removal of completed projects including: bleachers at Sutherland Leisure Centre; Cricket wicket upgrades (various; Turriel Bay Rd Reserve Playground; Keiwa Place Reserve
Playground; and Camellia Gardens shade structure. PLN008 Corrections to delivery time frames (based on commitments adopted in the Delivery Program). Removal of projects that were not feasible or not priority, including: Outdoor gym equipment at 196 Port Hacking Rd; embellishment of Darly St Park; Heritage Dr Oval Illawong cricket pitch upgrade (replaced by upgrades to Sutherland Oval). New Works: Castelnau St Reserve Amenities building ($500,000 – 7.12 plan); Cronulla Park/South end of Mall Public Toilets ($620,000 – 7.11 plan); Sutherland Oval floodlighting and upgrades to cricket pitch facilities ($200,000 – 7.11 plan); Woolooware Shared Pathway Additional Public Toilets ($620,000 – 7.11 plan); Increases to budgeted works as a result of updated cost estimates, including the following local and regional works to be funded by both the 7.11 and 7.12 plans:- Dunningham Park playground (increase from $50,000 to $900,000); Seymour Shaw Park Upgrades to allow greater utility of fields and netball courts, including possible relocation of 6 courts to Miranda Park (from $1,000,000 to $5,650,000); Yowie Bay Wharf upgrade (from $300,000 to $1,000,000); Western area all abilities playground (from $900,000 to $2,375,000); Playground shade structures in Caringbah (from $30,000 to $360,000); and regional playground upgrades ($2,210,000 to $4,500,000). Major increases to budgeted works – works to be funded by the 7.12 levy plan: - Como Pleasure Grounds frontage works (from $250,000 to $650,000); Cronulla Plaza Public Domain Upgrade incorporating features for play and social gathering (from $2,000,000 to $8,285,827). A significant reduction in funding shade structures in Cronulla (from $1,000,000 to $160,000).
The amended Works Schedules are attached as Appendix A. The amended Contribution Plans, marked up with changes, are attached as Appendices B and C.
At this time there are sufficient development contribution funds to fund the short term works in the works schedule. However, income from development is subject to market forces, and completion of all works in the works schedule may not be ultimately possible.
The Development Contribution Plans will be reviewed again following Council’s consideration of detailed Play and Sports Strategies and/or as part of the future housing strategy and Local Environmental Plan review.
RESOURCING STRATEGY IMPLICATIONS Management of Council’s Development Contribution Plans is conducted within the existing budget and resources of Strategic Planning. The plans themselves are critical in the resourcing of increased local infrastructure.
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COMMUNITY ENGAGEMENT - The draft amended Contribution Plans will be publicly exhibited for 28 days in accordance with legislative requirements.
PLN008 STRATEGIC ALIGNMENT Community Strategic Plan Strategy Delivery Program (2017-2021) Deliverables Outcome 6: A liveable place with a high quality 1A Implement the 2017-2021 Delivery Program of life Strategy 6.3 Provide welcoming, safe and 3A Develop and implement plans to facilitate accessible spaces that encourage active healthy, connected, caring, inclusive, resilient, lifestyles and liveable communities
POLICY AND LEGISLATIVE REQUIREMENTS The Environmental Planning and Assessment Act and Regulations set out the legislative requirements for the making of amended development contribution plans.
CONCLUSION The proposed changes to the Contribution Plans better align projects in the plans with expenditure allocations in Council’s capital works and land acquisition programs, which reflects Council’s and communities priorities. The amendments will ensure the works schedules reflect current priorities with respect to development-related infrastructure demand.
RESPONSIBLE OFFICER This officers responsible for the preparation of this Report are the Manager Strategic Planning, Mark Carlon, who can be contacted on 9710 0523 and the Manager Asset Services, Peter Shields, who can be contacted on 9710 0247.
File Number: 2020/363225
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PLN009-20 RETENTION OF OPEN SPACE IN THE M6 CORRIDOR -
Attachments: Appendix A⇩ and Appendix B⇩
PLN009 EXECUTIVE SUMMARY The purpose of this report is to advise Council on the practical maximum retention of open space with respect to future transport initiatives within the M6 (formerly F6) Corridor. Council is supportive of the M6 Motorway being constructed but many open space and community uses within the existing corridor which would be impacted if the motorway route was above ground from Captain Cook Bridge to Loftus. In order to preserve the maximum area of corridor land used for open space and community purposes undergrounding of the motorway and minimising the number of road interchanges will be needed. In the absence of a detailed proposal to examine, Council should continue to collaborate with and actively seek additional information from TfNSW as to the future use of the corridor. Council will also advocate to TfNSW the need for the M6 to be a multi – modal transport link.
REPORT RECOMMENDATION
THAT:
The Retention of Open Space in the M6 Corridor report received and noted.
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PURPOSE - The purpose of this report is to advise Council on the practical maximum retention of open space with respect to future transport initiatives within the M6 (formerly F6) Corridor.
PLN009 BACKGROUND Council Resolution At its meeting of 21 October 2019, via INF016-19 Council considered a report on Council’s Draft Integrated Transport Strategy and resolved:
THAT: 1. Council endorse public exhibition of the draft Sutherland Integrated Transport Strategy for a period of 28 days, subject to the following amendment to Strategic Approach 3.1 to address the open space impacts of transport infrastructure, focusing on the F6:
From: “Advocate for the delivery of Stages 2, 3 and 4 of the F6 project by the State Government including multi-modal transport options.”
To: “Subject to the optimum retention of open space within the corridor, advocate in principle for the delivery of Stages 2, 3 and 4 of the F6 project by the State Government including multi- modal transport options.”
2. Following exhibition the feedback be reviewed and a final strategy be submitted to Council for endorsement.
3. In regard to resident, commercial and commuter parking: (a) As part of a Parking Action Plan arising from the Draft Strategy, that Council receives a report on the impacts and benefits of supplying additional public parking around transport hubs and town centres. (b) This report includes, but is not limited to: i. funding and budgetary options for the use of the newly constructed spaces. ii. the maximum and/or desirable number of spaces that can or should be delivered. iii. a business plan that identifies revenue streams and return on investment for such projects and programs. (c) This report be provided by the April 2020 Council meeting.
4. State Members be requested to provide input and assistance.
5. Councillors are welcome to provide additional feedback to officers prior to Council on 21 October 2019.
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6. Councillors be advised of the communication strategy for exhibition prior to Council on 21 - October 2019.
7. Prior to the draft being returned to Council a further report be provided to quantify the practical PLN009 maximum retention of open space.
8. The report consider the use of the corridor land for parking and community use prior to commencement of construction of the F6.
The Draft Integrated Transport Strategy (ITS) was placed on public exhibition in October/November 2019, the results of which will be separately reported to the Strategic Planning Committee.
This report is in response to items 7 and 8 of the Council Resolution quoted above.
EXISTING SITUATION The M6 Corridor History Historically, the M6 Arterial Road Reserve was created in 1951 as part of the County of Cumberland Scheme for the purposes of a motorway link between Sydney and Wollongong. Originally local planning instruments showed the corridor extending from Loftus to Waterfall through the Royal National Park but this was later removed.
In Sutherland Shire, the corridor in the current Local Environmental Plan extends between Loftus and the Captain Cook Bridge at Taren Point. It is 9.6 kilometres long, varying in width from approximately 65m to 100m, and encompasses over 80 hectares of public and private land. The major public landowners are the State of New South Wales (NSW National Parks and Wildlife Service and RTA Business Services) and Sutherland Shire Council.
In 2014, the NSW Government allocated $11 million in the State Budget to commence a feasibility study into the M6 Extension from Waterfall to Arncliffe. In 2017 Transport for NSW (TfNSW) announced a proposed staging option consisting of 4 stages and had determined that a majority of the project could be constructed in a tunnel. The proposed stages were: Stage 1 - New M5 at Arncliffe to President Avenue at Kogarah Stage 2- President Avenue at Kogarah to Taren Point Stage 3 - Taren Point to the Princes Highway at Loftus Stage 4 - Princes Highway at Loftus to the M1 Princes Motorway at Waterfall
It was subsequently announced that stage 4 was no longer under consideration and that the project would terminate at Princes Highway, Loftus.
In June 2018 TfNSW released design information about the M6 Extension Stage 1 for consultation. The road, expected to be open to traffic by 2024, extends from an underground connection to the M5
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Design options currently under development by TfNSW for the latter stages of M6 in Sutherland Shire PLN009 were not available to Council at the time of writing this report.
Open Space and other Land Use in the M6 Corridor Based on a desktop review of land uses, more than three quarters of the corridor (approximately 65 hectares) is currently available for a range of passive or active recreation uses. Approximately 53 hectares are designated for a specific recreation or conservation purpose e.g. playing fields, reserves or national parks. The National Park includes high quality bushland crossed by hiking and biking trails. The parks and bushland reserves within the corridor include: Miranda Park Gwawley Parade Reserve No 2 Gwawley Parade Reserve No 3 Nyngan Place Reserve, Miranda Stonebridge Reserve, Gymea Grafton Street Reserve, Kirrawee Helena Street Dog Exercising Area, Kirrawee
There are approximately 8 hectares of sporting areas currently located within the corridor. These include: Loftus Oval and Clubhouse Miranda Park Sylvania Waters Rugby/Touch Field No.2 Apsley Place Baseball Field.
The corridor land adjacent to Gwawley Oval remains in council ownership.
In addition to these publicly provided facilities, a range of other services are located within the F6 corridor, including: privately operated sports facilities (Sylvania Par 3 Golf Course and Matchpoint Tennis, Kirrawee) education facilities (Sydney Montessori School), Sydney Tourist Park (Miranda); and Sydney Transport Museum tram line (Loftus).
Until recently part of the corridor land at Gymea Bay Road, Gymea was used for overflow parking for the centre and commuters. This land was fenced off following concerns regarding site contamination.
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The balance of the M6 corridor is turfed and used informally by the community, and is also of great - utility and value. Parts of the corridor land are maintained by Council under care, control and management arrangements that are historical in nature.
PLN009 The map contained in Appendix A illustrates public open space and recreation uses within the F6 corridor. The Maps in Appendix B provide more details of the occupations potentially affected.
Temporary Usage of the M6 Corridor The temporary use of the corridor for parking and community use prior to commencement of construction of the M6 is covered by Clause 2.8 of the Sutherland Shire Local Environmental Plan 2015 which states the following. Temporary uses are limited in terms of duration and also the impact they would have on the corridor and the ease of them being terminated if the corridor is required. :
DISCUSSION There are a number of factors that will influence the impact on open space by transport initiatives within the M6 Corridor. These include: The form of transport proposed eg: motorway, public transport, active transport (walking and cycling) or combination of each; Design eg: Above or below ground (tunnel); The location of interchanges with local networks; The location of exhaust stacks and/or other supporting infrastructure; and Impacts during construction.
Council officers have approached TfNSW, but have been unsuccessful in obtaining any strategic design options developed within the corridor. Whilst it is therefore impractical at this stage to try and quantify the actual impacts on open space, it can be assumed that regardless of construction methodology and the modes of transport provided, that there will be significant losses in some locations.
The challenge for Council will be to pursue options that overcome this loss including consideration of like for like provision at alternative locations. Lack of suitable locations and considerable costs are potential barriers in this regard.
Once sufficient detail on route and method of construction is provided by TfNSW it is suggested a cost/ benefit analysis is undertaken on the impacts of the route and this be reported to Council and tested with the community. Until detail is provided and considered by Council there should not be any loss of current public use within the corridor.
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RESOURCING STRATEGY IMPLICATIONS - Responsibility for developing and implementing transport initiatives within the M6 Corridor rests with Transport for NSW and the NSW State Government. At this stage, collaboration with TfNSW on the
future of the M6 corridor can be undertaken using current in-house resources. PLN009
COMMUNITY ENGAGEMENT Community consultation by Council that specifically targeted the community’s view on usage of the M6 corridor was last undertaken in November 2004. This involved a total of 405 interviews with randomly selected residents, with the following results: Overwhelmingly, respondents indicated that they wanted the M6 Corridor used, or kept, for transport; The largest percentage of respondents (39%) indicated a preference for motorway extensions; 44% of respondents preferred a public transport option, either in conjunction with a motorway (24%) or with open space (20%); Not using the corridor for any form of transport, that is, keeping it for open space, was the first preference of 17% of respondents; and Some 11.5% of respondents stated that they were not at all interested in the future of the M6 Corridor.
Transport for NSW are required to consult extensively with Council and the community for any works proposed within the corridor.
STRATEGIC ALIGNMENT Community Strategic Plan Strategy Delivery Program (2017-2021) Deliverables 3.1 The community has access to services, 3A. Develop and implement plans to facilitate programs and facilities to support and enhance healthy, connected, caring, inclusive, resilient health and wellbeing. liveable communities. 6.1 Plan and develop integrated transport 6A. Develop and implement an Integrated networks to provide transport choices that allow Transport Strategy and Plan people to get around in a safe, accessible and efficient manner. 6.3 Provide welcoming, safe and accessible 6F. Develop and implement an Open Space spaces and places that encourage active Leisure and Recreation Strategy and Plan lifestyles
POLICY AND LEGISLATIVE REQUIREMENTS Council’s Draft Local Strategic Planning Statement was publicly exhibited in September/October 2019 and is currently under consideration for adoption by Council. Reference to the M6 is contained in:
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Planning Priority 3 – Expedite the delivery of the F6 Motorway and provide integrated transport options - such as a safe cycling and walking route and a bus priority lane within the corridor to improve road capacity across Sutherland Shire.
ACTION RESPONSIBILITY TIMEFRAME PLN009
3.1 Work together to Sutherland Shire Ongoing explore opportunities Council, TfNSW for the F6 corridor to be a multi-modal link which is largely underground to protect public open space and resident amenity, with specific consideration of noise and air quality impacts
3.2 Collaborate to Sutherland Shire Short Term expedite the later Council, TfNSW stages of the F6 Motorway, including traffic solutions between Loftus and Waterfall.
3.3 Collaborate on Sutherland Shire Medium – Long Term planning for the F6 Council; TfNSW and corridor Dept of Planning, Industry and Environment
Council’s Open Space and Recreation Strategy was adopted by Council on 19 August 2019. Reference to Open Space in the M6 is contained in: Strategic Approach 1.11 – Advocate for the retention or compensation of open space, sports fields and facilities impacted by the delivery of the M6 corridor (1 year)
Council’s Draft Integrated Transport Strategy was placed on public exhibition in October/November 2019. Reference to the M6 is contained in: Strategic Approach 3.1 – Subject to the optimum retention of open space within the corridor, advocate in principle for the delivery of Stages 2, 3 and 4 of the F6 project by the State Government including multi-modal transport options.
CONCLUSION With the absence of detail on the M6 proposal through the Shire it is difficult to accurately answer the question posed by the Council. As mentioned above, planning for the M6 corridor is well covered in a number of Council’s strategy documents, which will prompt regular monitoring and advocacy on this matter.
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Tunnelling as much as possible and reducing the number of interchanges will result in the practical - maximum retention of open space within the M6 corridor. However, it can be assumed that regardless of construction methodology there will be some significant losses. The challenge for Council will be to
pursue options that overcome this loss including consideration of like for like provision at alternative PLN009 locations. Lack of suitable locations and considerable costs are potential barriers in this regard.
Given potential benefits and impacts on transport and open space with Sutherland Shire, the M6 is critical to Council’s future planning. In this regard Council should continue to collaborate with and actively seek information from Transport for NSW as to the future use of the corridor.
Ultimately, in consultation with TfNSW and the community, Council will need to balance the transport benefits with the impacts on open space and the environment when forming its final position on the future use of the M6 corridor.
RESPONSIBLE OFFICER The officer responsible for the preparation of this Report is Manager Traffic and Public Domain Services, Phillip Mansfield, who can be contacted on 9710 0104.
File Number: 2016/256380
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PLN010-20 QUARTERLY REPORT - CLAUSE 4.6 VARIATIONS REGISTER - (OCTOBER TO DECEMBER 2019)
Attachments: Appendix A⇩ PLN010
EXECUTIVE SUMMARY
The Secretary of Department of Planning & Environment delegates to councils assumed concurrence to use Clause 4.6 (previously known as SEPP 1) to vary development standards in respect of most types of development. Councils are required to monitor the use of the Secretary’s assumed concurrence and report to the Department of Planning & Environment on that usage on a quarterly basis. Councils are also required to report all variations approved under delegation to a meeting of Council. This report provides a list of variations approved under delegation for the quarter 1 October to 31 December 2019.
REPORT RECOMMENDATION
THAT:
The Quarterly Report - Clause 4.6 Variations Register (October to December 2019) be received and noted.
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PURPOSE - This report informs Council of the delegated use of Clause 4.6 variations for the quarter 1 October to 31 December 2019 in accordance with reporting requirements set by the Secretary, Department of
Planning, Industry & Environment. PLN010
BACKGROUND The Secretary’s concurrence for use of Clause 4.6 is applied when flexibility is required for development proposals that meet the objective of a development standard but do not meet the standards of the Local Environmental Plan.
The outcome of an audit of councils by the Department of Planning & Environment recommended the following reporting procedures to ensure transparency; 1. Proposed variations to development standards cannot be considered without written application objecting to the development standard and dealing with the matters required to be addressed by the relevant instrument; 2. A publicly available online register of all variations to development standards approved by the consent authority or its delegates; 3. A quarterly report to the Department of Planning & Environment of all variations approved; 4. A quarterly report to a meeting of council of all variations approved under delegation and 5. Councils are to carry out these reporting procedures on behalf of planning panels
Council implemented the reporting procedures for points 1, 2 & 3 a number of years ago, however, the requirement of a report to a meeting of Council is a recently adopted procedure.
DISCUSSION Appendix A provides a list of variations approved for the quarter 1 October to 31 December 2019. During this period 328 Development Applications were determined. Of these, 50 Development Approvals relied on support for (Clause 4.6) variations to development standards.
The majority of variations across the period were for landscaped area, particularly for pre-existing non- compliances. By and large these pre-existing non compliances were for minor residential works, such as installing a pool, building a garage or carport on an existing hard stand area or extending a balcony. Determinations were made by Council staff under delegation, or larger variations (over 10%) were determined by Sutherland Shire Local Planning Panel.
The Department of Planning & Environment will continue to carry out random audits of councils to ensure monitoring and reporting procedures are complied with. The Department and the ICAC will continue to review and refine audit strategy, and should ongoing non-compliance be identified the Secretary will consider revoking the notice allowing concurrence to be assumed.
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RESOURCING STRATEGY IMPLICATIONS - The reporting procedures for Clause 4.6 Variations are the responsibility of the Development Assessment Unit utilising existing resources.
PLN010 STRATEGIC ALIGNMENT Community Strategic Plan Strategy Delivery Program (2017-2021) Deliverables 1.4 Ensure community confidence in 4C Implement legislative requirements to ensure Sutherland Shire Council environmental, archaeological and Aboriginal heritage are conserved and valued 1.4.1 Ensure a strong governance 6B Manage new and existing framework that provides transparency, development within a robust and effective accountability and sustainability. framework.
POLICY AND LEGISLATIVE REQUIREMENTS The Department of Planning & Environment Planning Circular PS18-003 identifies reporting procedures for councils who use Clause 4.6 variation standards to development proposals. Reporting procedures are required to ensure transparency for councils who use Clause 4.6 and is a means for the Department of Planning & Environment and ICAC to continue to review and refine the audit strategy.
CONCLUSION The Quarterly Report Variations 4.6 Register is a reporting procedure as set by the Department of Planning & Environment to ensure transparency by councils.
RESPONSIBLE OFFICER The officer responsible for the preparation of this Report is the Manager Development Assessment & Certification, Simone Plummer, who can be contacted on 9710 0556.
File Number: 2015/25877
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