PUBLIC EXHIBITION PLANNING PROPOSAL Amendment to Lake

PUBLIC EXHIBITION

PLANNING PROPOSAL

Amendment to Lake Macquarie Local Environmental Plan 2014 Business Zones – 2A Main Road, Boolaroo

Exhibition Dates: Monday 9 December 2019 - Monday 3 February 2020

Submissions to be addressed to:

The CEO Lake Macquarie City Council Box 1906 HRMC NSW 2310

Enquiries: Senior Strategic Planner – Andrew Donald – 4921 0416 / [email protected] EXHIBITION DOCUMENTS

Planning Proposal – Amendment to Lake Macquarie Local Environmental Plan 2014 – Business Zones – 2A Main Road, Boolaroo

Exhibition Period: Monday 9 December 2019 - Monday 3 February 2020

Contents: Gateway Determination Planning Proposal Council Report

Submissions: Written submissions are invited from any person in relation to the draft amendment during the exhibition period.

Submissions should be received by Council by 5.00pm on 3 February 2020.

All submissions received by Council will be available through Application Tracking at www.lakemac.com.au and by accessing RZ/10/2018.

Submissions should be addressed to:

CEO Lake Macquarie City Council Box 1906 Hunter Region Mail Centre NSW 2310, or Via email: [email protected]

Disclosure of Political Donations and Gifts: all persons who lodge a submission are required to declare any relevant political donations and/or gifts in accordance with Section 147(5) of the environmental Planning and Assessment Act 1979. The disclosure form is available by searching for Political Donations and Gifts at www.lakemac.com.au.

All submissions and disclosure statements received by Council will be available through Application Tracking on the city website. Council will release all submissions received upon request, in accordance with the provisions of the Government Information (Public Access) Act 2009.

Further Information: Contact Strategic Planner, Andrew Donald on 4921 0416 or [email protected]

GATEWAY DETERMINATION

Planning Proposal Business Zones – 2A Main Road, Boolaroo

Lake Macquarie Local Environmental Plan 2014 (Amendment No XX)

Gateway version

Local Government Area: Lake Macquarie City Name of Draft LEP: Lake Macquarie Local Environmental Plan 2014 (Amendment No XX) Subject Land: 2A Main Road, Boolaroo (Part of Lot 599 DP 1228699)

Land Owner: PASMINCO COCKLE CREEK SMELTER PTY LIMITED

Applicant: Lake Macquarie City Council (LMCC) Council Reference RZ/10/2018 Number: Document Date: September 2019 Document Author: Andrew Donald – Senior Strategic Planner

Table of Contents

Part 1 – OBJECTIVES OR INTENDED OUTCOMES ...... 9 Part 2 – EXPLANATION OF PROVISIONS ...... 9 Part 3 – JUSTIFICATION ...... 9 Section A – Need for the Planning Proposal ...... 9 Section B – Relationship to Strategic Planning Framework ...... 10 Section C – Environmental, Social and Economic Impact...... 15 Section D – State and Commonwealth Interests ...... 16 Part 4 - MAPPING ...... 17 Map 1- Locality Map ...... 17 Map 2- Aerial Photograph...... 18 Map 3- Existing Land Zoning Map ...... 19 Map 4- Proposed Land Zoning Map ...... 20 Map 5- Existing Lot Size Map ...... 21 Map 6- Proposed Lot Size Map ...... 22 Map 7- Existing Height of Building Map ...... 23 Map 8- Proposed Height of Building Map ...... 24 Map 9 - Existing Additional Permitted Uses Map ...... 25 Map 10 - Proposed Additional Permitted Uses Map ...... 26 Part 5 – COMMUNITY CONSULTATION ...... 27 Part 6 – PROJECT TIMELINE ...... 27

Part 1 – OBJECTIVES OR INTENDED OUTCOMES

The Planning Proposal applies to vacant, remediated land within the former Pasminco Cockle Creek Smelter site at Boolaroo. It seeks to amend the Lake Macquarie Local Environmental Plan (LMLEP) 2014 to rezone the subject land (approximately 20 ha) to enable specialised retail premises and other commercial uses that require a large floor area. The proposal also seeks to establish a suitable interface between the proposed business zones and the adjacent residential zone. The land is to be rezoned from R2 Low Density Residential, R3 Medium Density Residential and B4 Mixed Use to B7 Business Park and B4 Mixed Use.

Part 2 – EXPLANATION OF PROVISIONS

The provisions in this planning proposal will amend LMLEP 2014 as outlined below: Amendment Applies to Explanation of provision Part of Lot 599 DP 1228699  Change the land use zone applying to the subject land variously from R2 Low Density Residential, R3 Medium Density Residential and B4 Mixed Use to B7 Business Park and B4 Mixed Use  Change the Lot Size Map variously from 450m2and 900m2 to 1500m2 and no minimum lot size.  Change the Height of Building Map variously from 8.5m, 10m and 13m to 15m and 13m.  Specify an additional permitted use to the land to be zoned B7 to permit retail premises, with development consent, provided: o the site area is at least 20,000m2, and o the gross floor area is at least 13,000m2, and o the consent authority is satisfied that the development is to be managed by a single operator.

Part 3 – JUSTIFICATION

Section A – Need for the Planning Proposal

1. Is the planning proposal a result of any strategic study or report? No. The subject land forms part of the former Pasminco Cockle Creek Smelter site, which was rezoned in two stages, with the associated amendments to Lake Macquarie LEP 2004 being finalised in 2010 and 2011 respectively. The zones applied by those LEP amendments were based on a master plan originally submitted by the proponent in 2008. Since that time, the potential for the subject land to support certain commercial activities requiring a large floorplate and site area has become apparent. It is relevant to note that the 2008 Master Plan was preceded by preparation of land use principles for the site, adopted by Council in November 2005. The Council report associated with the land use principles stated that one of Council’s primary objectives in investigating the development potential of the Pasminco site was to “reinforce the economic opportunities in the Cardiff / Glendale / Warners Bay/Edgeworth corridor by investigating a land use strategy that would encourage job creation to replace those jobs lost through the closure of Pasminco smelter, and further employment opportunities.” It is also noted that the 2008 Master Plan provided for additional industrial land compared

to what is reflected in the current land use zones applying to the site. Thus this planning proposal is consistent with early strategic planning studies for the precinct. The proposal is also consistent with outcomes being sought within an identified “North West Lake Macquarie Catalyst Area”, which has bilateral support from Council and the Department of Planning and Industry.

2. Is the planning proposal the best means of achieving the objectives or intended outcomes, or is there a better way? Yes. The proposed rezoning provides scope for remediated, vacant land to be developed for regionally-significant specialised retail and other commercial uses which are currently not possible under the predominantly residential zoning.

Section B – Relationship to Strategic Planning Framework

1. Is the planning proposal consistent with the objectives and actions of the applicable regional or sub-regional strategy?

Hunter Regional Plan 2036 The primary purpose of the Hunter Regional Plan (HRP) 2036 is to cater for the future development of the region ensuring that adequate land is available and appropriately located to accommodate the region’s growing population and employment needs. The HRP contains numerous directions to guide planning decisions. Direction 24: Protect the economic functions of employment land is relevant to this Planning Proposal. Direction 24 is supported by actions to “Locate new employment land so that it does not conflict with surrounding residential uses”, and to “Provide for mixed use opportunities and themed employment precincts in local plans”. The proposal is consistent with these actions in that it provides for a new employment precinct including an area zoned for mixed use development. The mixed use zoning provides a buffer between the proposed business park zone and an adjacent area zoned for residential development. The Local Narratives section of the HRP includes a number of priorities for each Council in the region regarding both centres & employment, and housing. Priorities for the Cardiff- Glendale strategic centre include:  Plan for development as an emerging strategic centre that will provide services to the growing Newcastle – Lake Macquarie Western Corridor, deliver renewal in Cardiff and redevelop the former industrial lands at Boolaroo.  Leverage the existing good access to employment and services in the metropolitan area and commuter connections to the Upper Hunter Valley and Central Coast. The Planning Proposal will support employment-generating development of the former industrial lands at Boolaroo that leverages the strategic locational advantages of the site. Moreover, the proposed business zones will complement the significant amount of the former Pasminco and Incitec sites being developed for housing – consistent with Action 23.5 of the Hunter Regional Plan, which stipulates that “locations for new centres are integrated with existing or planned residential development”.

Greater Newcastle Metropolitan Plan 2036

The Greater Newcastle Metropolitan Plan (GNMP) 2036 recognises that “a positive legacy of Greater Newcastle’s industrial and heavy manufacturing past is land and infrastructure 10

in large land holdings in central locations”. The former Pasminco Cockle Creek Smelter site at Boolaroo is one such example.

The Planning Proposal is consistent with Action 7.1 in the GNMP which calls on Councils to: - Build capacity for new economy jobs in areas well serviced by public transport and close to established centres by:  Enabling a greater range of employment generating uses in appropriate industrial and business areas, and

- Ensure an adequate supply of employment land, including industrial zoned land, to cater for demand of urban services in accessible locations.

The proposal also aligns with the outcomes envisaged for the so-called Munibung Precinct within the “North West Lake Macquarie Catalyst Area”, articulated in the GNMP as follows: Lake Macquarie City Council will:  Align local plans to facilitate urban renewal through increased housing density and mixed-use including large format retail and office uses, and  Explore options to improve pedestrian connections to Cockle Creek Train Station with Transport for NSW. Strategy 8 in the GNMP highlights the need to address changing retail and consumer demand. The planning proposal is intended to facilitate non-traditional large-floorplate retail uses that will have a very large customer catchment area. The centrality of Boolaroo within the Greater Newcastle metro frame makes the site well-suited for these uses. The likelihood that the site will comprise and handful of large land holdings post-development means it will be well placed to transition to other uses in the future as dictated by changing retail and consumer demand.

2. Is the planning proposal consistent with a council’s local strategy or other local strategic plan?

Lake Macquarie City Community Strategic Plan 2017-2027 The Lake Macquarie City Community Strategic Plan 2017-2027 has been developed with the people of Lake Macquarie outlining the vision and values of the community and providing clear strategies to achieve this. The recently adopted Community Strategic Plan recognises the importance of a diverse economy as a key value for the Local Government Area. The Planning Proposal is consistent with this value as the planning proposal will create opportunities for a range of specialised retail and commercial uses that will create local employment and a broader economic base for the City.

Imagine Lake Mac Strategy Imagine Lake Mac has recently been adopted as Council’s preeminent land use planning document (superseding Lifestyle 2030). Imagine Lake Mac contains a number of aspirations for the City to guide future development. These include “A city of prosperity – that attracts investment, creates jobs, and fosters innovation”. This aspiration is accompanied by a number of actions and performance measures. The Planning Proposal aligns with several of these actions, including:

 Encourage long term, sustainable economic growth that capitalises on the City’s unique value propositions  Closely monitor changes in the local, national, and global economies, and respond appropriately  Maximise the potential of existing infrastructure and natural assets to encourage investment, and economic and employment growth  Provide sufficient land for a range of employment activities, including industrial precincts in accessible locations The Planning Proposal may also contribute to relevant performance indicators, such as:  Increase in percentage of the workforce that lives and works in the city  Increased proportion of people employed  Increase in number of people employed in key growth industries  Increased economic activity in knowledge intensive and non-traditional industries, such as the creative sector, and those that contribute to a ‘circular economy’  15 years supply of well-located employment generating land and floor space

The site of the Planning Proposal is within the area identified in Imagine Lake Mac as the North West Lake Macquarie Catalyst Area (also featured in GNMP 2036), and is specifically located in the Munibung Precinct. The proposal is consistent with outcomes envisaged for this precinct, which include:  Mixed use, residential development, and other employment opportunities occur in a range of scales  Large format retail developed in select locations

Lake Macquarie Development Control Plan 2014 – Pasminco Area Plan The purpose of the Pasminco Area Plan is to guide the redevelopment of the former Pasminco Cockle Creek Smelter site and the former Incitec Pivot Fertilizer site. As the Area Plan reflects the current zoning in place for the site, the rezoning envisaged in this Planning Proposal will necessitate an amendment to the Area Plan.

3. Is the planning proposal consistent with applicable State Environmental Planning Policies? The table below indicates State Environmental Planning Policies (SEPPs) considered relevant to the Planning Proposal.

SEPP Relevance Implications SEPP The aim of this policy is to promote As part of the site is within the Coastal (Coastal an integrated and co-ordinated Environment Area as defined by the Management) approach to land use planning in SEPP, consideration must be had to 2018 the coastal zone in a manner Clause 13 of the SEPP prior to the consistent with the objects of the granting of development consent. Coastal Management Act 2016, SEPP No 55— The aim of this policy is to promote A number of site audit reports and site Remediation the remediation of contaminated audit statements have been prepared for of Land land for the purpose of reducing the the Pasminco site as remediation has risk of harm to human health or any progressed, including for the land the other aspect of the environment. subject of this planning proposal. Clause 6 requires contamination Specifically, a site audit report was and remediation to be considered in prepared for a 6.9 hectare part of the site – described as Lot A – in July 2016, 12

zoning or rezoning proposal and a separate site audit report The SEPP was recently updated to prepared for the remainin - g 12 include a clause entitled: Perpetual hectares of the subject land – described care arrangements required for as Lot B – in June 2018. Both reports development at former zinc and and corresponding site audit statements lead smelter and fertiliser confirmed that the land had been production site at Boolaroo, Lake remediated to a standard suitable for Macquarie residential development (which is a higher standard than is required for commercial or industrial use). The SEPP provides that consent may not be granted for development on the land the subject of this planning proposal unless the Planning Secretary has certified that adequate arrangements are in place for the perpetual care of the containment cell and various other land. These arrangements are expected to be finalised prior to the publication of the LEP amendment envisaged in this planning proposal.

4. Is the planning proposal consistent with applicable Ministerial Directions (s. 9.11 directions)? The Planning proposal is consistent with all relevant ministerial directions as outlined in the table below.

Ministerial Objective/s Consistency / Comment Direction 1.1 Business 1) encourage employment growth The Planning Proposal is consistent with and Industrial in suitable locations, 2) protect this direction as the zoning change zones employment land in business and encourages employment opportunities industrial zones, 3) support the and supports the objectives of the North viability of identified strategic West Lake Macquarie Catalyst area. centres The planning proposal is expected to facilitate the establishment of one or more major international retailers not currently represented in the Hunter region. Consequently, the proposal may curtail escape expenditure from the region and attract custom from residents outside the region who would otherwise travel to Sydney. The location is proximate to the emerging Cardiff-Glendale Strategic Centre, a link that will be greatly enhanced by the soon-to-be-realised connection of Munibung Road through the former Pasminco site and the future Pennant Street bridge.

2.2 Coastal Implement the principles in the The Planning Proposal is consistent with Protection NSW Coastal Policy this direction as it is not within a coastal hazard area and is consistent with relevant provisions of NSW Coastal Policy.

3.1 Residential (a) to encourage a variety and The Planning Proposal is inconsistent zones choice of housing types to provide with the direction in that it seeks to rezone for existing and future housing approximately 15 hectares from a needs, residential zone to a business zone. (b) to make efficient use of existing This inconsistency is considered justified infrastructure and services and given: ensure that new housing has appropriate access to infrastructure  the remaining 66 hectares of vacant and services, residential land available adjacent to (c) to minimise the impact of the site (expected to support in the residential development on the order of 900 dwellings) environment and resource lands.  the potential for thousands of additional dwellings within a 5- kilometre radius of the subject site, including both greenfield and infill opportunities. In particular, land at Edgeworth, Cameron Park, Teralba and Fennell Bay is expected to support a steady supply of housing over the next decade, along with higher density infill development in suburbs such as Warners Bay and Speers Point.  the proposed business zones better reflect the outcomes envisaged for the precinct in the Greater Newcastle Metropolitan Strategy. 3.4 Integrated (a) improving access to housing, The Planning Proposal is consistent with Land Use and jobs and services by walking, this direction as the proposed business Transport cycling and public transport, and zones will enable development that can (b) increasing the choice of utilise the nearby Cockle Creek railway available transport and reducing station and public bus routes along Main dependence on cars, and Road. (c) reducing travel demand including the number of trips generated by development and the distances travelled, especially by car, and (d) supporting the efficient and viable operation of public transport services, and (e) providing for the efficient movement of freight 4.1 Acid Avoid significant adverse The subject site is identified in LMLEP Sulfate Soils environmental impacts from the use 2014 maps as having class 5 Acid Sulfate of land that has a probability of Soils. The Planning Proposal is containing acid sulfate soils. consistent with the direction as Council’s LEP and DCP already contain appropriate controls to ensure potential Acid Sulphate Soils are minimised, which will be addressed at the development application stage. 4.2 Mine Prevent damage to life, property As the subject land is within a mine Subsidence and the environment on land subsidence district, consultation with and Unstable identified as unstable or potentially Subsidence Advisory NSW will be Land subject to mine subsidence. necessary. 5.10 Give legal effect to the vision, land The proposal is consistent with the Implementation use strategy, goals, directions and Hunter Regional Plan, as outlined in of Regional actions contained in Regional Section B of this document. Plans Plans.

6.1 Approval Ensure that LEP provisions The proposal is consistent with the and Referral encourage the efficient and direction as it does not contain any Requirements appropriate assessment of provisions that require concurrence, or development. identify development as ‘designated’. 6.2 Reserving To facilitate the provision of public The proposal is consistent with the Land for Public services and facilities by reserving direction as it does not alter or reduce Purposes land for public purposes, and to existing zonings or reservations of land for facilitate the removal of public purposes. reservations of land for public purposes where the land is no longer required for acquisition.

Section C – Environmental, Social and Economic Impact

5. Is there any likelihood that critical habitat or threatened species, populations or ecological communities, or their habitats, will be adversely affected as a result of the proposal? No. The subject site is a recently remediated former heavy industrial site and, as such is devoid of vegetation.

6. Are there any other likely environmental effects as a result of the planning proposal and how are they proposed to be managed? No. There are no likely environmental effects of the planning proposal that will require management.

7. How has the planning proposal adequately addressed any social and economic effects? Social The proposed rezoning will facilitate the development of a business park providing for specialised retail premises and other commercial uses that require a large floor area. It also includes zoning to allow a strip of mixed use development fronting the residential collector road which forms the southern edge of the subject land. This element provides for a buffer to be created between the business park and the adjacent residential area.

The proposed uses will generate much-needed employment opportunities for the growing population in the north west sector of the City.

It is noted that the Pasminco Area Plan, within the Lake Macquarie Development Control Plan 2014, identifies the requirement for a 0.5 hectare local park to be established within (or in the vicinity of) the land the subject of this planning proposal. This requirement will be re-considered as part of an amendment to the Area Plan to reflect the proposed rezoning of the subject land. Economic The proposed rezoning will result in a net increase of 15 hectares of employment land in a strategic location within the North West Lake Macquarie Catalyst Area. The B7 Business Park zone facilitates land uses that are generally complementary to traditional town centres or retail centres.

The business park will complement the existing Bunnings Warehouse immediately north of the subject land, and will support the nearby Cardiff-Glendale strategic centre. Lake Macquarie currently has a total of 138 hectares of land zoned B7 Business Park. An analysis of existing B7 land within the LGA (below) shows that this land is either fully developed, has DA approval, or is greater than 25km from the subject site.

B7 zoned land - Location Area Development Distance from (ha) status subject land (km) Pennant Street, Cardiff 13 Developed 3 Macquarie/Hillsborough Road, Warners 35 Developed 7 Bay Medcalf St, Warners Bay 9 Developed 6 Groves Road, Bennetts Green 9 Developed 12 Pacific Highway, Bennetts Green 13 DA approved 12 Pacific Highway, Belmont North 10 Developed 14 Gateway Boulevard, Morisset 12 Developed 30 Gimberts Road, Morisset 37 Undeveloped 30

Section D – State and Commonwealth Interests

8. Is there adequate public infrastructure for the planning proposal? The subject land is currently serviced with all essential infrastructure and has direct access to the regional road network (MR 217). It is also less than 400 metres from the Cockle Creek train station. The proposed change in zoning will facilitate large floorplate retail development which would lead to a significant increase in peak traffic volumes compared to the likely development outcomes under the current residential zoning. Consequently, it is appropriate that a traffic study be prepared in conjunction with the Planning Proposal in order to understand the impacts on the surrounding network, including Munibung Road, which will be connected from Boolaroo through to Cardiff prior to development of the subject land. The RMS should provide guidance on this study in relation to investigation of impacts on the State road network.

9. What are the views of State and Commonwealth public authorities consulted in accordance with the Gateway determination? It is anticipated consultation will be undertaken with the following agencies:  Roads and Maritime Services  Subsidence Advisory NSW  Hunter Water Corporation

Part 4 - MAPPING Map 1- Locality Map

Map 2- Aerial Photograph

Map 3- Existing Land Zoning Map

Map 4- Proposed Land Zoning Map

Map 5- Existing Lot Size Map

Map 6- Proposed Lot Size Map

Map 7- Existing Height of Building Map

Map 8- Proposed Height of Building Map

Map 9 - Existing Additional Permitted Uses Map

Map 10 - Proposed Additional Permitted Uses Map

Part 5 – COMMUNITY CONSULTATION

It is anticipated the Planning Proposal will be publicly exhibited for at least 14 days in accordance with requirements of the Gateway Determination.

Part 6 – PROJECT TIMELINE

Action Timeframe (forecast) Gateway determination to proceed October 2019

Preparation of supporting studies Nov 2019- Mar 2020

Government agencies consultation Nov 2019- Mar 2020

Public exhibition (28 days) March 2020

Consideration of submissions April 2020

Report public exhibition findings to Council May 2020

Finalisation of LEP Amendment July 2020

COUNCIL REPORT

Précis: Council staff have prepared a Planning Proposal to rezone approximately 20 hectares of land within the former Pasminco Cockle Creek Smelter and Incitec (Pasminco) site at Boolaroo. The land is proposed to be rezoned to allow specialised retail premises and other commercial uses requiring a large floor area. The proposal also seeks to protect the amenity of the adjacent proposed residential subdivision by including an area zoned for mixed use development to provide a transition area between the land uses. This report seeks Council’s resolution to request a Gateway Determination from the Department of Planning Industry and Environment in respect of the Planning Proposal.

Recommendation: Council: A. Requests a Gateway Determination from the Department of Planning Industry and Environment, pursuant to the Environmental Planning and Assessment Act 1979, in relation to the Planning Proposal in Attachment 1; B. Undertakes consultation with State Government agencies and service authorities and undertakes studies in accordance with the Gateway Determination; C. Places the Planning Proposal on exhibition, subject to the outcome of the Gateway Determination; D. Notifies stakeholders and affected landowners of the Gateway Determination and public exhibition period, as required; E. Makes the Plan, provided Gateway approval is obtained and no objections are received during the public exhibition period.

Background: The subject land forms part of the former Pasminco site. The smelter ceased operations in 2003 and has since undergone major remediation works in accordance with approvals issued by the State Government. Pasminco’s Boolaroo land holdings were rezoned in two stages, with the associated amendments to Lake Macquarie Local Environmental Plan (LEP) 2004 being finalised in 2010 and 2011 respectively. The zones applied by those LEP amendments were based on a master plan originally submitted by the proponent in 2008. The mix of residential, industrial and commercial zoning that was adopted for the site was largely based on the assumed demand for different land types at the time. The current land use zoning breakdown is indicated in the table below:

Current Land Use Zone under LMLEP Area % of total former 2014 Pasminco/Incitec (Hectares) landholdings R2 Low Density Residential 71 33.5 R3 Medium Density Residential 23 11 IN2 Light Industrial 28 13 B4 Mixed Use 11 5 SP1 Special Activities (Containment 24 11.5 Cell) E2 Environmental Conservation 55 26 Total 212 100

Of the land currently zoned for employment-supporting development on the Pasminco site:  Eighteen hectares zoned IN2 Light Industrial have been developed as a 23-lot industrial subdivision. (The remaining 10 hectares zoned IN2 has limited development potential due to multiple constraints – including a road corridor, various easements and a drainage reserve.)  Eleven hectares is zoned B4 Mixed Use, approximately half of which is developed (Bunnings Warehouse and a restored heritage-listed building). Parts of the remaining undeveloped residential zoned land are subject to several active subdivision applications, including an application to subdivide approximately 80 hectares providing for around 750 dwellings. More recently, the potential for the subject land to support certain commercial activities requiring a large floor area and site area has become apparent. Increasing the ratio of commercial to residential zoned land on the site is consistent with Council’s original intention to facilitate employment-generating land uses on a site that historically supported a significant number of jobs. Proposal: The Planning Proposal seeks to amend the Lake Macquarie Local Environmental Plan (LMLEP) 2014 to rezone the subject land (approximately 20 hectares) to enable specialised retail premises and other commercial uses that require a large floor area. The

proposal also seeks to establish a suitable interface between the proposed business zones and the adjacent residential zone.

Land subject to this Planning Proposal

The land is proposed to be rezoned from R2 Low Density Residential, R3 Medium Density Residential and B4 Mixed Use to B7 Business Park and B4 Mixed Use. The proposal also includes corresponding changes to the Lot Size Map and Height of Building Map within LMLEP 2014. These changes are explained in the Planning Proposal included as Attachment 1.

Existing Zones

Proposed zones The rationale for the proposed zoning, in particular the strip of B4 zoning to align with the recently-constructed Fotheringham Road, is to ensure permissibility of the uses envisaged for the site while protecting the existing retail hierarchy in the surrounding area, as well as the amenity of the future residential subdivision immediately south of the subject land.

This is further explained by comparing uses permitted with consent in the B4 and B7 zones respectively: Uses permitted in Zone B4 but not B7 include: Multi-dwelling housing, residential flat buildings, seniors housing, shop-top housing, hotel or motel accommodation, serviced apartments, pubs, restaurants or cafes, shops, registered clubs. Uses permitted in Zone B7 but not B4 include: High-technology industries, light industries, self-storage units, wholesale supplies, warehouse or distribution centres Permitted uses common to Zone B4 and Zone B7 include: Business premises, office premises, specialised retail premises, take-away food and drink premises, plant nurseries, entertainment facilities, service stations, educational establishments, health services facilities, public administration buildings. Excluding the containment cell and land zoned E2 Environmental Conservation (generally steep undevelopable land in the higher parts of the site), the existing and proposed zone breakdown for the entire former Pasminco site appears in the charts below.

B4 B7 8% 13% B4 IN2 7% 21% R2 48% R2 54% IN2 21% R3 17% R3 11%

Current Land use zone Proposed Land use zone

It is proposed that Council forward the Planning Proposal, at Attachment 1, to the Department of Planning Industry and Environment and request a Gateway Determination. Consultation: This Planning Proposal has been prepared in consultation with Council’s Rezoning Advisory Panel, which comprises staff from Integrated Planning, Development Assessment and Certification, Community Partnerships, Property and Business Development, Environmental Systems and Asset Management departments. Feedback from the Rezoning Advisory Panel has been considered in preparing the Planning Proposal. Implications: Policy Implications:

Planning Policy implications are detailed in the Planning Proposal at Attachment 1. The site is within the North West Lake Macquarie Catalyst Area which features in both the Imagine Lake Mac Strategy and the Greater Newcastle Metropolitan Plan 2036 (GNMP). The GNMP recognises that “a positive legacy of Greater Newcastle’s industrial and heavy manufacturing past is land and infrastructure in large land holdings in central locations”. The former Pasminco site at Boolaroo is one such example. The Planning Proposal is consistent with Action 7.1 in the GNMP which calls on councils to: - Build capacity for new economy jobs in areas well serviced by public transport and close to established centres by:  Enabling a greater range of employment generating uses in appropriate industrial and business areas, and - Ensure an adequate supply of employment land, including industrial zoned land, to cater for demand of urban services in accessible locations. The proposal also aligns with the outcomes envisaged for the “Munibung Precinct” within the North West Lake Macquarie Catalyst Area, articulated in the GNMP as follows: Lake Macquarie City Council will:  Align local plans to facilitate urban renewal through increased housing density and mixed-use including large format retail and office uses, and  Explore options to improve pedestrian connections to Cockle Creek Train Station with Transport for NSW. Environmental Implications: The subject land of this Planning Proposal is devoid of vegetation, having undergone major remediation and earthworks following cessation of the former heavy industrial use of the site. Site audit statements have been issued for the land confirming that remediation has been completed in accordance with the site’s remedial action plan. Social Implications: The proposed rezoning will result in a net increase of 15 hectares of employment land in a strategic location within the North West Lake Macquarie Catalyst Area. The business park will complement the existing Bunnings Warehouse immediately north of the subject land, and will support the nearby Cardiff-Glendale strategic centre. The strip of land proposed to be zoned for mixed use provides for a variety of commercial and some residential uses that will further enhance the economic potential of the locality. Lake Macquarie City currently has a total of 138 hectares of land zoned B7 Business Park. An analysis of existing B7 Business Park zoned land within the Local Government Area (below) shows that this land is either fully developed, has DA approval, or is greater than 25km from the subject site.

Further investigation of economic impacts would be undertaken following receipt of a Gateway Determination.

Infrastructure Asset Implications: There are no direct infrastructure asset implications associated with the Planning Proposal. Fotheringham Road, forming the southern boundary to the subject land, has been designed as a residential collector road. Accordingly, planning to occur following or in conjunction with Planning Proposal, should reflect the need for heavy vehicle access to the subject land to be via Munibung and Hague Roads.

Financial Implications: There are no direct financial implications from the Planning Proposal, apart from staff time and supporting studies that may be required to justify the LEP amendment. At a minimum, such studies are expected to include a traffic impact assessment. Quotes have yet to be sought, however the total cost for externally prepared studies are not expected to exceed $50,000. Adequate funds are available in Integrated Planning’s 2019/2020 budget to cover the cost of these studies; however, Council has entered into discussions with Hunter and Central Coast Development Corporation (HCCDC), who are soon to gain ownership of the subject land, regarding the possibility of HCCDC refunding Council for costs incurred in the rezoning process.

Risk and Insurance Implications: The proposal to rezone the subject land from R2 Low Density Residential, R3 Medium Density Residential and B4 Mixed Use to B7 Business Park and B4 Mixed Use does not present any specific risk implication to Council. The risks associated with preparing a Planning Proposal are minimised by following the process outlined in the EP&A Act 1979, the Environmental Planning & Assessment Regulation 2000, the Department of Planning Industry and Environment guidelines, and Council’s LEP Amendment Procedure.

Options: 1. Council resolves to support the Planning Proposal to amend LMLEP 2014 to rezone the subject land from R2 Low Density Residential, R3 Medium Density Residential and B4 Mixed Use to B7 Business Park and B4 Mixed Use. This is the preferred option and will create opportunities for large format retail and other employment-generating uses on the Pasminco site. This is consistent with the Imagine Lake Mac Strategy and Greater Newcastle Metropolitan Plan 2036. 2. Council resolves not to support the Planning Proposal to amend the LMLEP 2014. This is not the preferred option as the proposal has strategic merit and will facilitate a more appropriate balance between business and residential uses on a strategic site.

Conclusion: The Planning Proposal to rezone approximately 20 hectares of land within the former Pasminco site at Boolaroo from predominantly residential zones to predominantly business zones will facilitate much-needed economic development within the North West Lake Macquarie Catalyst Area. It is recommended that Council seek a Gateway Determination from the Department of Planning Industry and Environment to enable the proposed rezoning to progress to more detailed investigation and consultation.