Special Development Committee 24 May 2012 - Item 1 Attachment ‘A’ – Excerpt from the Exceptions to ‘Best Fit’ EXCEPTIONS TO ‘BEST FIT’: Key specific changes Introduction NOTE: this document does not include all the specific changes that may occur as a result of the conversion to the Standard Instrument or LEP Template approach or the requirements of the Section 65 Certificate issued by the NSW Department of Planning & Infrastructure. Should you come across any major or significant changes that are not included in this list, staff are able to discuss these with you. Land/ area being changed Nature of change Land acquired by National Parks Changed to E1 National Parks and Nature and Wildlife Services (NPWS) but Reserves zone consistent with other land in the still retaining inappropriate zone. National Park Estate. Public open space (i.e. parks, Changed to RE1 Public Recreation zone. sports fields) owned by Council but still retaining inappropriate zone. Acid Sulfate Soils mapping Inclusion of mapping of the five planning classes relating to the potential for Acid Sulfate soils together with an Acid Sulphate Soils clause (Clause 7.10). Coastal Hazards Inclusion of mapping of the areas of the coast identified as subject to coastal hazards together with a coastal risk planning clause (Clause 7.11). Water body mapping Inclusion of mapping showing sensitive water bodies and categorising waterways together with an associated water clause (Clause 7.6). SEPP 14 Wetlands not currently Changed to E2 Environmental Conservation zone zoned for environmental as per direction under NSW Government’s South protection. Coast Regional Plan. SEPP 27 Littoral Rainforest not Changed to E2 Environmental Conservation zone currently zoned for environmental as per direction under NSW Government’s South protection. Coast Regional Plan. Waterways that are currently un- No area can be left unzoned so waterways are zoned given: • An appropriate waterway zone (W1, W2 or W3) depending on their use and the surround land uses, or • An E1 National Parks and Nature Reserves zone if owned by NPWS, or • If minor waterway, same zone as adjoining land. Roads that are currently unzoned No area can be left unzoned so major roads are zoned SP2 Infrastructure and all other roads are zoned as per the adjoining land. The exception is where Council roads go through National Parks 1 Special Development Committee 24 May 2012 - Item 1 DRAFT SLEP 2009 – EXCEPTIONS TO ‘BEST FIT’: KEY SPECIFIC CHANGES Land/ area being changed Nature of change (not appropriate to zone E1 National Parks and Nature Reserves) so roads are given a rural zone or SP2 Infrastructure zone. Shoalhaven Water and Council Changed to SP2 Infrastructure to recognise infrastructure sites where not existing use. currently zoned for special purposes. Land zoned Residential 2(c) where Changed to R2 Low Density Residential to reflect area has been developed for low developed low density character. density housing. Sex services premises – currently Proposed to now be permissible only in the B3 only permissible in two defined Commercial Core zone. The Department of industrial zoned areas in Nowra Planning and Infrastructure advised that sex and Ulladulla. services premises must be permissible in at least one zone Citywide, not just specific areas. As such the B3 zone was chosen as it has only been used for the Nowra and Ulladulla CBDs, whereas possible industrial zones are used across the City. Exempt and Complying Exempt and Complying development types currently set by State Environmental Planning Policy (Exempt and Complying Codes) 2008 (the Codes SEPP) and Council’s Development Control Plan (DCP) 89: Exempt and Complying Development. Exempt development that has not been included in Codes SEPP is now included in the draft LEP instead of the DCP. Minimum lot sizes in LEP - Mapping of minimum lot sizes for relevant zones Currently, only the minimum lot has now been included in the draft LEP together sizes for the rural, rural residential with an associated clause relating to subdivision and environmental protection (Clause 4.1). zones are in the LEP Instrument. Residential minimum lot sizes are currently set via a development control plan. Removal of Fair Trading option - The Department of Planning and Infrastructure has The fair trading clause currently advised that Council can no longer require allows for some additional dedication of land through the LEP so the current subdivision potential on land clause has not been included in the draft LEP. affected by a regional significant Council is investigating other ways of achieving a project (e.g. the Illawarra similar outcome. Escarpment Walking Track) in return for dedication of land. Proposed roads - are currently The Department of Planning and Infrastructure has shown in the LEP via broken lines. advised that proposed roads cannot be shown in the draft LEP. Proposed roads are likely to be shown in a development control plan instead. Jervis Bay Regional Plan (JBREP) The JBREP will no longer apply to Jervis Bay once the draft LEP commences. Clause 7.15 has been included in the draft LEP and contains the relevant provisions from the JBREP. 2 Special Development Committee 24 May 2012 - Item 1 DRAFT SLEP 2009 – EXCEPTIONS TO ‘BEST FIT’: KEY SPECIFIC CHANGES Tomerong Nature of change Lot 59 DP 816150 Changed part of site from Residential 4B Kells Rd 2(e)(Village) to E2 Environmental Conservation based on known constraints and current development consent for the site. Vincentia Nature of change Town Centre Changed car park zoned Special Use 5(a) and adjoining Residential 2(c)(Living Area) land changed to B4 Mixed Use as the result of a rezoning request. This request was supported as it will allow for the future reuse and redevelopment of the existing shopping centre given the approval of the new Vincentia District Centre. Vincentia District Centre Changed from currently being excluded from the LEP (zoning under Major Projects SEPP) to R2 Low Density Residential, B2 Local Centre, SP2 Infrastructure and E2 Environmental Conservation. Worrowing Heights Nature of change Lot 32 DP 858484 Changed lot size from 40ha to 1ha on Minimum 1260B Naval College Road, Lot Size Map to allow for a managers residence at the nursery. 3 Attachment ‘B’ – Submissions Summaries Tomerong No. Doc No. Name Submission Summary 135 D11/247448 Cowman Subject property: "Hell Hole" Blackbutt Range Rd, Tomerong (Portions 45, 58, 66, 102, 108 and 159). Stoddart Pty Ltd 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. 396 D11/266783 Leslee James Wants to subdivide his land into 1 20 acre and 2 X 15 acres properties - 271 Turpentine Rd Tomerong 2540. 559 D11/268948 Roger Wong 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. 674 D12/21829 Graham and Objects to Lot 23 DP 755965, 142 Blackbutt Range Road, Tomerong being identified on the Biodiversity overlay as 'Habitat Corridor'. The Heather White 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. CCB Tomerong Tomerong Community Forum 30 Community 146 Parnell Road, Tomerong (“Bellfields”) Lot 4 DP 775296 Forum Concerns; Present LEP and History. 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 1D and has permitted uses relating to; Agriculture and Dairying Extractive Industries [as per buffer zone] concerned that the RU2 rural landscape zoning has 94 permitted uses. Vincentia No. Doc No. Name Submission Summary 11 D11/258512 Alan Burrows Concerned with loss of neighbourhood shops at Vincentia. Recommendation: - 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 and discussed with all landowners and the community. - It follows that on a “best fit” basis, the existing 3(c) neighbourhood zone should be translated into B1 Neighbourhood Centre - It seems incongruous that in a time of encouraged “energy efficiency” that the populations of Woollamia, Huskisson, Hyams Beach, Erowal Bay and Vincentia will be forced to drive up to 12km simply to reach a retail centre that previously was available in Vincentia … and for whose benefit, not for any of these communities. Concerned that “best fit” is not the case with existing Vincentia (Burton Street) shops and the surrounding land which has all been rezoned B4 Business Mixed Use. If it had been a best fit, The 3(c) Business, Neighbourhood would have been rezoned B1 Neighbourhood Centre not B4 Business Mixed Use and the 2(c) Residential Living Area rezoned to R1 General Residential not B4 Business Mixed Use. Apparently the request for this rezoning came from the largest business landowner on the block.