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From: To: Sutherlandlepreview@Planning Page 1 of 8 ----- Original Message ----- From: To: [email protected] Sent: Friday, February 14, 2014 3:46 PM Subject: Sutherland Shire Council LEP Enquiry - please send receipt of email and NAME WITHHELD ON REQUEST NAME WITHHELD ON REQUEST INCLUDING EMAIL ADDRESS - Please confirm receipt by return email. Please note 3 attachments. Re DP213924 (ex Scout Land Bundeena), Lots 10 - 40 Sussex Street, Bundeena and other areas of concern in Bundeena. Compliance with Planning Law 1. Under Standard Instrument- Principal Local Environmental Plan, Part 2 Clause 2.5 Direction 2. “A type of development may be included in Schedule 1 only if it is a type of development listed in Direction 5 at the beginning of the Land Use Table.” 2.5 Additional permitted uses for particular land [compulsory] (1) Development on particular land that is described or referred to in Schedule 1 may be carried out: (a) with development consent, or (b) if the Schedule so provides—without development consent, in accordance with the conditions (if any) specified in that Schedule in relation to that development. (2) This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan. Direction 1. While this clause and Schedule 1 are compulsory, it is not compulsory to include any items in the Schedule when the Plan is first made. Direction 2. A type of development may be included in Schedule 1 only if it is a type of development listed in Direction 5 at the beginning of the Land Use Table. Recreation camp is not a development listed in Direction 5, so we question the validity of this Additional Permissible Use. Please note SS Council's minutes from a meeting dated 15 August 2011 regarding the use of Recreation Camp. The report regarding Council's use of Recreation Camp appears to refer to other sites within the Shire that are already developed and have existing use rights. Where is the amendment to the Standard Instrument adding Recreation Camp to the definitions, enabling it to be used in Schedule 1, Additional Permitted Uses? When did Council displayed the written consent from the Director-General of Planning consenting to the addition of recreation camp as an Additional Permitted Use? The definition of Recreation Camp as an APU is incompatible with the zone objectives for E2 zoning as the definition is too wide and offers no protection to this highly environmentally sensitive land. Additional standard definitions To maintain consistency across the State, LEPs may not alter the standard definitions or directly add definitions to the Dictionary. However councils may suggest new terms to the Department of Planning to be included in the Dictionary for all councils to use. The reasons why a definition is required should be clearly articulated. If there is sufficient justification that the existing standard definitions will not adequately address a particular matter and that the common dictionary meaning of the word is insufficient, the definition may be added in a future amendment to the Standard Instrument. Until the term is added to the dictionary, it cannot be included in the Land Use Tables. SDC012-12 Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2011 File Number: LP/06/675654 15/08/2011 Additional Uses A new direction has been added to Clause 2.5 which allows for specific additional uses to be permitted on specified land. This directs that only land uses identified in the list of land uses which can be included in the land use table can be listed in Schedule 1. Council has resolved to include a number of uses which do not meet this requirement in Schedule 1. There are also instances where the specific uses cannot be accommodated within the existing defined land uses. It is therefore recommended that Council propose additional uses and definitions for inclusion in the Standard Instrument Page 2 of 8 LEP. Whilst it is uncertain whether the Department of Planning and Infrastructure will permit additions to the LEP Dictionary, other Councils have successfully achieved the inclusion of new definitions in specific clauses of their gazetted Standard Instrument LEPs. It is therefore recommended that Council propose the following definitions for inclusion in Schedule 1: • Recreation camp means a building or place that provides temporary or short-term accommodation (whether or not for the purpose of financial gain) for the purpose of sport or recreation, holiday making or spiritual retreat. It may include permanent caretaker accommodation and facilities for the holding of events, functions, training, conferences and the like. This definition is required because none of the related Standard Instrument terms (those under the tourist and visitor accommodation, camping ground, caravan park, eco-tourist facility, function centre, place of public worship recreation facility (outdoor), business premises or community facility) adequately describe the land use currently permitted at Camp Coutts (Waterfall), Rathane Telford Road and Gundamaian Road in the Royal National Park and the Scout Camp, Freeman Road, Engadine. Conclusion The Standard Instrument (Local Environmental Plan) Order amends some sections of the Standard Instrument LEP template which have previously been adopted by Sutherland Shire Council. The majority of the changes are minor corrections to numbering, spelling, grammar, punctuation and updated references to government departments and policy documents. These have no policy impacts. There are some implications relating to the application of the community title subdivision provisions and the specific additional land uses listed in Schedule 1, and minor changes to the DSILEP are recommended to address these. Recommendation: (Johns/Forshaw) and Council Resolution: 1. That the Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2011, containing the amendments to the Standard Instrument and attached to this report as Appendix 1, be received and noted. 2. That the amendments to the Standard Instrument (Local Environmental Plan) as directed by the Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2011 be adopted where they apply to sections of the Draft Sutherland Shire Standard Instrument LEP which have already been adopted by Council. 4. That the following definitions be included in Schedule 1: Recreation camp means a building or place that provides temporary or short-term accommodation (whether or not for the purpose of financial gain) for the purpose of sport or recreation, holiday making or spiritual retreat. It may include permanent caretaker accommodation and facilities for the holding of events, functions, training, conferences and the like. Under Section 117 of the EP and A Act, Local Planning Directions, we query whether the following Directions have been followed? 2.1 Environment Protection Zones Objective (1) The objective of this direction is to protect and conserve environmentally sensitive areas. Where this direction applies (2) This direction applies to all relevant planning authorities. When this direction applies (3) This direction applies when a relevant planning authority prepares a planning proposal. What a relevant planning authority must do if this direction applies (4) A planning proposal must include provisions that facilitate the protection and conservation of environmentally sensitive areas. (5) A planning proposal that applies to land within an environment protection zone or land otherwise identified for environment protection purposes in a LEP must not reduce the environmental protection standards that apply to the land (including by modifying development standards that apply to the land). This requirement does not apply to a change to a development standard for minimum lot size for a dwelling in accordance with clause (5) of Direction 1.5 “Rural Lands”. Page 3 of 8 Consistency (6) A planning proposal may be inconsistent with the terms of this direction only if the relevant planning authority can satisfy the Director-General of the Department of Planning (or an officer of the Department nominated by the Director-General) that the provisions of the planning proposal that are inconsistent are: a. justified by a strategy which: i. gives consideration to the objectives of this direction, ii. identifies the land which is the subject of the planning proposal (if the planning proposal relates to a particular site or sites), and iii. is approved by the Director-General of the Department of Planning, or (b) justified by a study prepared in support of the planning proposal which gives consideration to the objectives of this direction, or (c) in accordance with the relevant Regional Strategy or Sub-Regional Strategy prepared by the Department of Planning which gives consideration to the objective of this direction, or (d) is of minor significance. We query whether the inconsistency of applying the Additional Permissible Uses to land identified as environmentally sensitive, has been justified with the Director- General of the Dept of Planning as per the consistency rules of Environment Protection Zones Section 2.1. What justification documentation has Council provided the Director-General with to argue that the APU are compatible with the E2 zoning? When was the justification for the APU and the Director-General's response on public exhibition with the LEP? The asset protection zone required with any development will be extremely detrimental for land that was deemed worthy of conservation and approved for purchase by NPWS early last year.(Documentation received under FOI from NPWS) We query whether the consistency of the Heritage Conservation Section 2.3 has been followed, knowing that Spring Gully contains several significant Aboriginal sites, and is a significant area of past indigenous habitation. We query whether the Council has provided the Dept of Planning with documentation from RFS confirming approval of the progression of the planning proposal as per Section 4.4 Planning for Bushfire Protection. Any development for the ex Scout land is unlikely to meet the requirements for PBP 2006 due to nil road access, a slope of over 18 degrees, and its remoteness from a public road.
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