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A Planning Proposal Which Nominates High Conservation Protection For

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A Planning Proposal Which Nominates High Conservation Protection For A Planning Proposal which nominates high conservation protection for former 7d zoned lands and a cost effective exit strategy for owners of lots without developments rights Addendum Prepared by Otford Protection Society Incorporated 14 July 2010 Page 1 of 74 Planning Proposal Addendum– Land adjacent to Royal National Park – 14 July 2010 The Hon. Tony Kelly, ALGA MLC Minister for Planning, Infrastructure and Lands Governor Macquarie Tower Level 34 1 Farrer Place SYDNEY NSW 2000 Dear Minister Kelly, Re: Planning Proposal: WOLLONGONG CITY COUNCIL - A PLANNING PROPOSAL WHICH NOMINATES HIGH CONSERVATION PROTECTION FOR FORMER 7D ZONED LANDS AND A COST EFFECTIVE EXIT STRATEGY FOR OWNERS OF LOTS WITHOUT DEVELOPMENTS RIGHTS I refer to the following correspondence in relation to the above Planning Proposal; 1 Otford Protection Society Incorporated Planning Proposal dated 30/04/2010 submitted to the Director-General Planning NSW (CD 1 attached) or may be seen at: http://www.otfordeco.com/planning/GatewayApplicationfor2508.pdf 2 Email from NSW Premier’s Office dated 08/07/2010 (Referenced Document 1) 3 Open Letter to the Premier of NSW dated 20/06/2010 (Referenced Document 2) I refer to the following correspondence and the request for additional information; 4 Otford Protection Society Incorporated letter dated 03/06/2010 requesting the Planning Proposal be entered onto the LEP Tracking website (Referenced Document 3) 5 Letter from Southern Regional Director – Planning NSW dated 07/06/2010 (Referenced Document 4) 6 Email from Southern Regional Director – Planning NSW dated 09/06/2010 (Referenced Document 5) As the documentation attests, Mr. Petty of Helensburgh wrote to the Premier on 20 June 2010 by way of an OPEN LETTER TO THE NSW PREMIER (Referenced Document 2) by Registered Express Post and included a copy of the Otford Protection Society Incorporated Gateway Planning Proposal dated 30/04/2010 (CD1 attached). By email dated 08/07/2010 (Referenced Document 2), the Premiers office replied to Mr Petty that the matter of the Otford Protection Society Incorporated Planning Proposal had been referred to you, as the responsible Minister. The Otford Protection Society Incorporated on 11/05/2010 lodged with the Director- General Planning NSW a Gateway Planning Proposal and therein requested you, as Page 2 of 74 Planning Proposal Addendum– Land adjacent to Royal National Park – 14 July 2010 the Minister responsible, invoke your powers under s54(2) of the Environmental Planning and Assessment Act, 1979 (as amended) to: (i) Enter the Otford Protections Society Incorporated Planning Proposal on the LEP Planning Tracking Website; (ii) Process the application for exhibition; and after exhibition, (iii) Appoint the Director General as Regulated Planning Authority, or has been the case in other instances in the Wollongong LGEA have demanded independent, impartial without bias, appoint Sutherland Shire Council as the Regulated Planning Authority. As Minister, you are authorised to make this appointment as stated in the email from Southern Regional Director – Planning NSW dated 09/06/2010 (Referenced Document 5). Before proceeding to respond to the matters currently requested, it is important to note the background upon which the Otford Protection Society Incorporated Planning Proposal is based. Wollongong City Council prepared and advertised the draft Wollongong LEP 2009 wherein these 7(d) lands were designated to be reclassified as E2 Environmental Conservation. This E2 Environmental Conservation classification had the full support of Southern Regional Director – Planning NSW. This is the same basis that the Otford Protection Society Incorporated Planning Proposal was submitted, with the additional benefit of an exit strategy for disenfranchised owners. The switch of zoning from E2 Environmental Conservation to E3 Environmental Management is in need of explanation (Appendix 1). In support of the original Otford Protection Society Incorporated’s application, the responses herein to the Southern Regional Director – Planning NSW dated 07/06/2010 clearly demonstrate the full and complete responses to all information requested (Appendix 2). It is therefore requested that the Otford Protection Society Incorporated Planning Proposal be forwarded to the LEP Review Panel for a gateway determination under Section 56 of the Environmental Planning and Assessment Act, 1979. We request this as a matter of urgency because the Wollongong LEP 2009 allowed a building right under the E3 Environmental Management zonation, a building right that never existed before. Our call is repeated in the strongest terms to prevent further environmental destruction to these lands whilst this matter is before you for approval. Part 3 A 2 of the Otford Protection Society Incorporated Planning Proposal dated 30/04/2010 stated: Assessment of Development Applications in the ‘7d’ area be suspended until this planning proposal is determined. We look forward to this historic community group Planning Proposal being entered on the LEP Tracking website without further delay. Page 3 of 74 Planning Proposal Addendum– Land adjacent to Royal National Park – 14 July 2010 If you have any further enquiries on this matter, please do not hesitate to contact Mrs Pauline Smith on (02) 4294 1243. Yours sincerely OTFORD PROTECTION SOCIETY INCORPORATED (Registration Number 1585513702) N Watson – Secretary C/o 22 Lady Wakehurst Drive OTFORD NSW 2508 14 July 2010 Distribution N.S.W. Planning – Head Office GPO Box 39 Sydney NSW 2000 N.S.W. Planning - Southern Region - Wollongong PO Box 5475 Wollongong NSW 2520 Sutherland Shire Council Locked Bag 17 Sutherland NSW 2232 Wollongong City Council Locked Bag 8821 Wollongong NSW 2500 Note: All correspondence names deleted but originals available on request. Page 4 of 74 Planning Proposal Addendum– Land adjacent to Royal National Park – 14 July 2010 TABLE OF CONTENTS Type Description Page Cover Front Cover 1 Letter Planning Proposal Notification 2 Contents Table of Contents 5 Appendix 1 Switch of zoning from E2 Environmental Conservation to E3 6 Environmental Management Appendix 2 Responses to the Southern Regional Director – Planning NSW 8 dated 07/06/2010 Appendix 3 Southern Regional Director – Planning NSW Email dated 14 02/12/2008 Appendix 4 Media Release Illawarra Land Supposedly at Record Levels 15 05/05/2010 Hon T Kelly Appendix 5 Amendment Wollongong Local Environmental Plan 1990 No. 242 17 Appendix 6 Review of Commercial Uses on 7(D) Land at Helensburgh 18 02/10/2007 Appendix 7 Impact of Proposed Urban Development of Helensburgh and its 20 Surrounds upon Nature Conservation Values in the area. National Parks and Wildlife Service 9 January 1984 Appendix 8 East coast corridor to protect wildlife 45 Appendix 9 “Royal National Park” World’s First National Park 46 Appendix 10 Hansard 22/09/2004 47 Appendix 11 Wollongong City Council Community Survey – Management 58 Report – March 2010 – IRIS Research Appendix 12 Sample community responses to Preliminary Review 16/08/2010 59 Appendix 13 Council Minutes 22/03/2004 60 Appendix 14 Registered Post – SENDER TO KEEP 563313763012 61 Appendix 15 Ordinary Meeting of Council 25 May 2010 62 Appendix 16 Copy of letter from Wollongong City Council dated 31/5/2010 63 Appendix 17 Copy of the Otford Protection Society Incorporated letter 64 01/06/2010 Appendix 18 Copy of Administrator McGregor’s letter dated 06/07/2010 65 Document 1 Email from NSW Premier’s Office dated 08/07/2010 66 Document 2 Open Letter to the Premier of NSW dated 20/06/2010 67 Document 3 Otford Protection Society Incorporated letter dated 03/06/2010 68 Document 4 Letter from Southern Regional Director – Planning NSW dated 69 07/06/2010 Document 5 Email from Southern Regional Director – Planning NSW dated 70 07/06/2010 Map 1 Current Gazetted Wollongong City Council 2009/10 Zoning Map 71 Map 2 Proposed Zoning Map 72 Map 3 Conservation Corridor 74 CD 1 Otford Protection Society Incorporated Planning Proposal dated Rear 30/04/2010 Cover CD 2 Responses to Willana Report obtained by FOI Rear Cover Page 5 of 74 Planning Proposal Addendum– Land adjacent to Royal National Park – 14 July 2010 Appendix 1 Switch of zoning from E2 Environmental Conservation to E3 Environmental Management Wollongong City Council prepared its Wollongong DLEP 2009 with the former 7(d) lands as E2 Environmental Conservation. This was obviously approved and signed off as acceptable to Planning NSW as evidenced by Southern Regional Director – Planning NSW email dated 02/12/2008 (Appendix 3). Herein from, quote: “the draft Wollongong LEP 2009 was certified by the NSW Department of Planning on Friday 28/11/08, enabling it to be publicly exhibited” and “the 7(d) lands at Helensburgh and Otford - as previously advised, the 7(d) zone has been translated into the E2 Environmental Conservation zone” Clearly, without any qualification Wollongong City Council was proposing the same basis upon which the Otford Protection Society Incorporated Planning Proposal is now based and Planning NSW AGREED with that basis, without any qualification. The Otford Protection Society Incorporated Planning Proposal therefore cannot be without merit, lack any technical default or be indefinable as it has been the subject of detailed and rigorous review of Wollongong City Council and Planning NSW. The question now becomes how the E2 Environmental Conservation recommended and advertised draft Wollongong LEP 2009 became E3 Environmental Management which is now being considered for further development. Otford Protection
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