Business Paper Shire Planning Committee Monday, 3 September 2018 6.30pm Council Chambers, Level 2, Administration Building, 4-20 Eton Street, Sutherland Shire Planning Committee 3 September 2018 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 PLN040-18 Quarterly Report Clause 4.6 Variations Register PLN041-18 Further Amendments to SSLEP 2015 PLN042-18 The Low Rise Medium Density Code - Options for Implementation PLN043-18 Infrastructure in the Sutherland Shire PLN044-18 Results of Exhibition of Draft Amended Strategy for Finalisation of old S94 and S94A Plans 7. QUESTIONS 8. CONSIDERATION OF BUSINESS IN CLOSED SESSION 9. CONFIDENTIAL REPORTS FROM OFFICERS Page 2 Shire Planning Committee 3 September 2018 18 PLN040-18 QUARTERLY REPORT CLAUSE 4.6 VARIATIONS REGISTER - Attachments: Appendix A⇩ PLN040 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 on a quarterly basis. This report provides a list of variations approved under delegation for the quarter 1 April 2018 to 30 June 2018 (Appendix A). REPORT RECOMMENDATION That the quarterly report on Clause 4.6 Variations be received and noted. Page 3 Shire Planning Committee 3 September 2018 18 PURPOSE - This report informs Council of the delegated use of Clause 4.6 variations for the quarter 1 April 2018 to 30 June 2018 in accordance with reporting requirements set by the Secretary, Department of Planning & Environment. PLN040 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 a recent 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 5. Councils are to ensure that these reporting procedures are carried out on behalf of planning panels Council implemented the reporting procedures for points 1, 2 & 3 above 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 April 2018 to 30 June 2018. During this period 433 Development Applications were determined. 28 Development Approvals relied on support for (Clause 4.6) variations to development standards. The majority of variations were for landscaped area, particularly for pre existing non-compliances. By and large these pre exisiting non compliances were for minor residential works, such as replacing a pool, building a garage or carport on an existing hard stand area or converting a garage to a habitable room. Determinations were made by Council staff under delegation, or larger variations 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. Page 4 Shire Planning Committee 3 September 2018 18 RESOURCING STRATEGY IMPLICATIONS - The reporting procedures for Clause 4.6 Variations are the responsibility of the Development Assessment Unit utilising existing resources. PLN040 STRATEGIC ALIGNMENT Community Strategic Plan Strategy Delivery Program (2017-2021) Deliverables 1.3 The community is informed and empowered 1L Advocate and maintain dialogue across all to rise to the challenges and opportunities levels of government and with key stakeholders presented by a changing world around issues impacting our community. 1.4 Ensure community confidence in Sutherland 4C Implement legislative requirements to ensure Shire council environmental, archaeological and Aboriginal heritage are conserved and valued 1.4.1 Ensure a strong governance framework 6B Manage new and existing development that provides transparency, accountability and within a robust and effective framework. sustainability. 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 Page 5 Shire Planning Committee 3 September 2018 18 Appendix A Appendix 18 - PLN040 Page 6 Shire Planning Committee 3 September 2018 18 Appendix A Appendix 18 - PLN040 Page 7 Shire Planning Committee 3 September 2018 18 Appendix A Appendix 18 - PLN040 Page 8 Shire Planning Committee 3 September 2018 18 Appendix A Appendix 18 - PLN040 Page 9 Shire Planning Committee 3 September 2018 18 PLN041-18 FURTHER AMENDMENTS TO SSLEP 2015 - Attachments: Nil PLN041 EXECUTIVE SUMMARY Council previously resolved to undertake some minor amendments to Sutherland Shire Local Environmental Plan 2015 (PLN028-18 and PLN001-19). Council deferred its decision on this matter for a briefing session and to allow property owners and neighbours to be notified. A briefing was held on 28 May 2018 and all affected property owners have been notified. Feedback has resulted in some changes to the planning proposal being recommended. Amendments are needed to update mapping layers to reflect changes in land information, to facilitate minor forms of development as complying development, to permit exhibition homes, and to correct descriptions in the heritage schedule. Three additional matters have been identified that can be addressed as part of the amendment. It is proposed to list a new item Maris Park – Sandstone Boundary Wall and Park, as a local heritage item consistent with advice Council previously received. It is also proposed to change Item A1069 Brick kerbing, and Items A0631 and A4114 Alignment of first road in Sutherland Shire to be correctly identified as local heritage items rather than archaeological sites. It is recommended that all of the above matters be merged into one planning proposal to ensure efficient processing. The Planning Proposal must be considered by the Local Planning Panel before it can be submitted to NSW Planning and Environment for a Gateway Determination. REPORT RECOMMENDATION THAT: 1. The Planning Proposal reported through PLN028-18 and PLN001-19 be amended to include the changes identified in this report. 2. The combined Planning Proposal be referred to the Sutherland Shire Local Planning Panel. 3. Provided the Sutherland Shire Local Planning Panel does not identify any significant concerns that would require further consideration by Council, the Planning Proposal be submitted to NSW Planning and Environment for a Gateway Determination. 4. Subject to a positive Gateway Determination, the planning proposal be exhibited in accordance with Council’s policies and the conditions of the Gateway Determination. Page 10 Shire Planning Committee 3 September 2018 18 PURPOSE - This report also advises Council on the results of community consultation. It also recommends that two more minor issues be added to the Planning Proposal. PLN041 BACKGROUND On the 5 February 2018 Council considered a report (PLN028-18) recommending drafting amendments to Sutherland Shire Local Environmental Plan 2015 (SSLEP2015). The amendments covered a range of planning issues. Council resolved to defer the recommendations of the report, subject to a Councillor briefing and notification of affected property owners and neighbours. On the 16th July Council considered a report (PLN001-19) recommending that additional minor amendments are incorporated into the planning proposal. Two minor heritage matters have been identified since the previous report was submitted to Council. They can be added to the Planning Proposal to facilitate the efficient resolution of these matters. DISCUSSION Results of Consultation with Property