Ordinary Meeting of Council
19 October 2015
50
REF: CM223/15 File: ESP-100.02.019
ITEM 5
PLANNING PROPOSAL: SHONE AVENUE AND WEST DAPTO ROAD,
HORSLEY - POST EXHIBITION
On 23 February 2015, Council resolved to prepare a draft Planning Proposal for land
fronting Shone Avenue and West Dapto Road, Horsley. The purpose of the draft
Planning Proposal is to make minor amendments to realign part of the R2 Low Density
Residential and E3 Environmental Management zone boundary to reflect updated flood
information and facilitate a Neighbourhood Plan. Corresponding amendments to the
Floor Space Ratio and Minimum Lot Size maps are also required. The draft Planning
Proposal was exhibited from 29 July to 28 August 2015. Six submissions were
received.
The purpose of this report is to provide feedback on the public exhibition of the draft
Planning Proposal and to seek a Council resolution to submit a finalised Planning
Proposal to the NSW Department of Planning and Environment for approval.
RECOMMENDATION
Council –
1
Proceed with the Planning Proposal relating to part Lot 1 DP 607456 and part Lot 1
DP 26069 to include amendments to the Wollongong Local Environmental Plan
2009 to realign part of the R2 Low Density Residential and E3 Environmental
Management zone boundary in order to facilitate the endorsed Neighbourhood
Plan at Shone Avenue and West Dapto Road, Horsley (with corresponding
amendments to the Minimum Lot Size and Floor Space Ratio Maps).
2
Refer the final Planning Proposal to the NSW Department of Planning and
Environment for the making of arrangements for drafting to give effect to the final
proposal.
3
Note that the General Manager will thereafter proceed to exercise his delegation
issued by the NSW Department of Planning and Environment under Section 69 in
relation to the final proposal.
ATTACHMENTS
1
2
3
Site Locality Map
Post Exhibition Amended Zoning, Floor Space Ratio and Minimum Lot Size Maps
Finalised Planning Proposal
REPORT AUTHORISATIONS
Report of:
Authorised by:
Renee Campbell, Manager Environment Strategy and Planning
Andrew Carfield, Director Planning and Environment – Future City
and Neighbourhoods
Ordinary Meeting of Council
19 October 2015
51
BACKGROUND
On 23 February 2015, Council resolved to exhibit a draft Neighbourhood Plan and also
prepare a draft Planning Proposal for land fronting Shone Avenue and West Dapto
Road, Horsley.
The total area of the precinct is approximately 46.16 hectares and contains eight
separate privately owned land holdings. The southern and eastern boundaries of the
neighbourhood are bordered by Robins Creek. A small tributary of this creek system
also bisects the north-west corner of the precinct.
The northern part of the
neighbourhood is physically separated from West Dapto Road by an existing private
railway line for the Wongawilli Colliery, which runs parallel and adjacent to this road
(Attachment 1).
The endorsed Neighbourhood Plan for the precinct seeks to facilitate approximately
344 low density residential lots. The site is currently predominantly zoned R2 Low
Density Residential, with an E3 Environmental Management zoning over riparian land.
The purpose of the draft Planning Proposal is to make minor amendments to realign
part of the R2 Low Density Residential and E3 Environmental Management zone
boundary to reflect updated flood information and facilitate the Neighbourhood Plan.
Corresponding amendments to the Floor Space Ratio and Minimum Lot Size maps are
also required.
On 23 February 2015, Council resolved (in part) that:
“3. A draft Planning Proposal for the following lots in part be prepared for rezoning
from E3 Environmental Management to R2 Low Density Residential with a
corresponding Floor Space Ratio of 0.5:1 and Minimum Lot Size of 450m²:
a.
b.
c.
d.
e.
f.
g.
h.
Lot C DP 397366;
Lot 5 DP 26069;
Lot 19 DP 879647;
Lot 102 DP 1137454;
Lot 1012 DP 862178;
Lot 2 DP 26069;
Lot 1 DP 607456; and
Lot 1 DP 26069.
4.
Further work be required as part of the Gateway determination to be undertaken to
demonstrate how the cut and fill of flood affected land could be managed within the
Neighbourhood Plan area and a flora and fauna report be prepared for the areas
proposed to be rezoned and exhibited as part of the draft Planning Proposal.
5.
The draft Planning Proposal be referred to the NSW Department of Planning and
Environment for a Gateway determination and if approved be exhibited for a
minimum period of 28 days.
6.
Council request authority for the General Manger to exercise plan making
delegations in accordance with Council’s resolution of 26 November 2012.”
Ordinary Meeting of Council
19 October 2015
52
It should be noted that in response to the Office of Water and Office of Environment and
Heritage public exhibition submissions, the Neighbourhood Plan was modified such that
there is no encroachment into the E3 Environmental Management lands along Robins
Creek and all residential lots and roads are not affected by the 1% AEP flood line. The
revision included the removal of some proposed lots and realignment of roads and has
now resulted in a reduction of the extent of rezoning required through the Planning
Proposal. The amended Zoning and associated Floor Space Ratio and Minimum Lot
Size Maps to reflect the revised adopted Neighbourhood Plan are included as
Attachment 2.
PROPOSAL
To realign part of the R2 Low Density Residential and E3 Environmental Management
zone boundary, it is necessary to update the Land Zoning, Minimum Lot Size and Floor
Space Ratio Maps of Wollongong Local Environmental Plan 2009.
A Gateway determination was received on 15 July 2015 and the draft Planning Proposal
was placed on public exhibition from 29 July to 28 August 2015.
CONSULTATION AND COMMUNICATION
The draft Planning Proposal was exhibited from 29 July to 28 August 2015.
following NSW State Agencies were consulted as part of the exhibition period:

NSW Rural Fire Service;

Sydney Water;

Roads and Maritime Services;

NSW Department of Primary Industries – Office of Water; and

NSW Office of Environment and Heritage.
The
The exhibition was advertised through Council’s website and in the Illawarra Mercury
and Advertiser newspapers. Copies of the suite of documents were available for
viewing on Council’s website, in Wollongong and Dapto libraries, and at Council’s
Customer Service Centre in the Administration Building, Wollongong. Adjoining
property owners and Neighbourhood Forum 8 were notified of the public exhibition by
mail. Relevant internal divisions were consulted.
As a result of the public exhibition the website page received 129 views and the draft
Planning Proposal was downloaded 70 times. A total of six submissions were received
from the following:






NSW Rural Fire Service;
Sydney Water;
Roads and Maritime Services;
NSW Department of Primary Industries – Office of Water;
NSW Office of Environment and Heritage; and
Resident.
Ordinary Meeting of Council
19 October 2015
53
The table below provides a summary of the issues raised as a result of the public
exhibition of the draft Planning Proposal.
ISSUES RAISED IN REPORT AND REFERRALS
Issue Raised
How Issue was resolved
1
NSW Rural Fire Service:
No objections to Planning Proposal.
Noted.
2
Sydney Water:
No objections to Planning Proposal.
Noted.
3
Roads and Maritime Services:
No objections to Planning Proposal.
Noted.
4
NSW Department of Primary Industries –
Office of Water:
Recommends that the rezoning of land
proposed in the exhibited Planning Proposal
be amended to reflect the revised
Neighbourhood Plan.
Agreed – minor adjustments have been
made to the zone boundaries which
decrease the R2 Low Density
Residential zone and increase the E3
Environmental Management zone to
reflect the Neighbourhood Plan.
5
Office of Environment and Heritage:
Note that the site is mostly cleared and
potential biodiversity impacts are largely
confined to the riparian corridors and isolated
paddock trees. As such, small changes to the
zone boundaries would have minimal
ecological impact and, if they are located on
cleared land, would not impact upon
biodiversity certification credit calculations.
Support a detailed flora and fauna assessment
at subdivision stage.
Further work is required to ascertain how cut
and fill on flood affected lots can be managed
as part of DA assessment.
Noted.
A flora and fauna survey and
assessment addressing threatened
biodiversity listed under either the
Threatened Species Conservation Act
1995 or Environment Protection and
Biodiversity Conservation Act 1999 will
be required for a future Development
Application
for
subdivision,
in
accordance with standard Development
Application requirements.
Information has been provided in the
form of a flood depth change plot,
which indicates that the proposed filling
does not increase the extent of flooding
in the vicinity of the playing field and
proposed residential lots (1% AEP
event).
The Neighbourhood Plan has been
modified such that all residential lots
and roads are not affected by the 1%
AEP flood (the 1% AEP flood line
shown on the Neighbourhood Plan is
the flood line adopted by Council’s
Mullet Creek Flood Study and
extension report 2011). The revision
has included the removal of some
proposed lots and realignment of roads.
More detailed flood investigations
Ordinary Meeting of Council
19 October 2015
54
ISSUES RAISED IN REPORT AND REFERRALS
Issue Raised
How Issue was resolved
(extending to neighbouring properties)
may be required at the Development
Application stage.
Areas identified in the AHMS West Dapto Road Additional Aboriginal archaeological
research
in
line
with
the
Preliminary Aboriginal Heritage Assessment
recommendations
from
Council’s
Report (2014) as having the potential for
Heritage Officer has commenced, and
subsurface archaeological deposits should be
will be assessed at Development
investigated in accordance with relevant OEH
Application stage.
guidelines as part of the DA.
6
Resident:
Requests a thorough fauna and flora
assessment.
Requests Council assess the potential impacts
of the rezoning on conservation values and on
the ecosystem provided by the riparian
corridor vegetation.
Planned vegetation
should be optimal for the protection of Robins
Creek and its tributaries i.e. control of water
flow; reduction of bank and channel erosion;
trapping of sediment, nutrients and other
contaminants; and habitat diversity and
connectivity.
Requests observation of precautionary
principle in justification of decisions.
A flora and fauna survey and
assessment addressing threatened
biodiversity listed under either the
Threatened Species Conservation Act
1995 or Environment Protection and
Biodiversity Conservation Act 1999 will
be required for a future Development
Application
for
subdivision,
in
accordance with standard Development
Application requirements.
The biodiversity constraints analysis
concluded that the study area contains
waterfront land and therefore the
preparation
of
a
Vegetation
Management Plan for the rehabilitation
and ongoing management of the
riparian areas associated with Robins
Creek is likely to be required at the
Development Application stage.
Satisfactory internal referrals were received in relation to geotechnical, traffic and
access, drainage/flooding issues and biodiversity for consideration.
Flooding Issues
In accordance with the Council resolution that further work is required to demonstrate
how any proposed cut and fill of flood affected land could be managed within the
Neighbourhood Plan area, information was provided in the form of a flood depth change
plot, which indicates that the proposed filling does not increase the extent of flooding in
the vicinity of the playing field and proposed residential lots (1% AEP event). This
information was considered satisfactory. More detailed flood investigations (extending
to neighbouring properties) may be required at the Development Application stage to
more fully understand the impacts of fill both on-site and offsite.
Ordinary Meeting of Council
19 October 2015
55
Flora and Fauna Issues
In resolving to exhibit the Neighbourhood Plan and draft Planning Proposal Council
resolved that any Asset Protection Zone (APZ) associated with the proposed lot and
road layout should be contained on private land or in public roads and not impact on any
E3 Environmental Management land, and a flora and fauna report be prepared for the
areas proposed to be rezoned.
The proponent provided a biodiversity constraints analysis to inform the preparation of
the Neighbourhood Plan, which was included in the public exhibition of both the
Neighbourhood Plan and Planning Proposal. The analysis concluded that the study
area contains waterfront land and therefore the preparation of a Vegetation
Management Plan is likely to be required at the DA stage. This constraints analysis was
reviewed internally and was deemed to correctly identify low biodiversity constraints in
the Neighbourhood Plan area, including the likely absence of Endangered Ecological
Communities (EECs). The submission from OEH confirmed that the E3 Environmental
Management zoning for the site is reflective of flooding extent and not biodiversity
constraints, and as such small changes to the zone boundaries would have minimal
ecological impact.
In response to Office of Water submission and internal comments that the draft Plan
should seek to minimise non riparian uses within prescribed Vegetated Riparian Zones
(VRZ), including locating infrastructure, bushfire asset protection and residential lots
outside the VRZ or in accordance with the Guidelines for riparian corridors on waterfront
land, the Neighbourhood Plan has been modified such that there is no encroachment
into the E3 Environmental Management zoned lands along Robins Creek. The
modifications included the removal of some proposed lots and road realignment.
A flora and fauna survey and assessment addressing threatened biodiversity listed
under either the Threatened Species Conservation Act 1995 or Environment Protection
and Biodiversity Conservation Act 1999 will be required for a future Development
Application for subdivision, in accordance with standard Development Application
requirements.
Finalised Planning Proposal
The draft Planning Proposal applied to the following lots:
a.
b.
c.
d.
e.
f.
g.
h.
Lot C DP 397366;
Lot 5 DP 26069;
Lot 19 DP 879647;
Lot 102 DP 1137454;
Lot 1012 DP 862178;
Lot 2 DP 26069;
Lot 1 DP 607456; and
Lot 1 DP 26069.
Ordinary Meeting of Council
19 October 2015
56
As a result of revisions to the Neighbourhood Plan, including the removal of some
proposed lots and realignment of roads, the extent of rezoning required through the
Planning Proposal has now been reduced. The finalised Planning Proposal contains
the amended Zoning and associated Floor Space Ratio and Minimum Lot Size Maps to
reflect the revised adopted Neighbourhood Plan (Attachment 3). The Planning Proposal
now relates to part of the following two lots only:

Lot 1 DP 607456; and

Lot 1 DP 26069.
PLANNING AND POLICY IMPACT
This report contributes to the delivery of Wollongong 2022 objective “Residents have
improved access to a range of affordable housing options” under the Community Goal
“We are a healthy community in a liveable city” and the objective “Walking, cycling and
public transport is an accessible and well-resourced means of transport, and the use of
private cars is reduced” under the Community Goal “We have sustainable, affordable
and accessible transport”.
It specifically addresses the Annual Plan 2015-16 Key Deliverable “Continue to review
and assess Neighbourhood Plans” which forms part of the Five Year Action “Implement
the West Dapto Release Area Masterplan” contained within the Revised Delivery
Program 2012-17.
CONCLUSION
It is recommended that Council resolve that the revised Planning Proposal be finalised
by the General Manager under delegation issued by the NSW Department of Planning
and Environment to make minor amendments to realign part of the R2 Low Density
Residential and E3 Environmental Management zone boundary to facilitate the adopted
Neighbourhood Plan for part Lot 1 DP 607456 and part Lot 1 DP 26069 Shone Avenue
and West Dapto Road, Horsley.
WOLLONGONG LOCAL
ENVIRONMENTAL
PLAN 2009
R2
R2
E3
E3
Planning Proposal
Land Zoning Map
R2
R2
RE1
B1
Rezone to R2 Low Density Residential
Zoning
ShoneAve_NhoodPlan_Bdy_210115
B1
Neighbourhood Centre
E4
National Parks & Nature Reserves
E3
Environmental Conservation
E2
Environmental Management
IN2
Light Industrial
R2
Low Density Residential
RE1
Public Recreation
RU1
Primary Production
RU2
Rural Landscape
RU4
Primary Production Small Lots
SP2
Infrastructure
RU2
R2
RU2
R2
SP2
E3
Rezone to R2 Low Density Residential
IN2
Recommended Change to Zoning
Rezone to R2 Low Density Residential
Retain E3 Environmental Management
Retain Current Zoning
Cadastre
Cadastre 27.01.14 c Wollongong City Council
RU2
Retain E3 - Environmental Management
R2
Retain E3 - Environmental Management
E3
RE1
Retain E3 - Environmental Management
Retain E3 - Environmental Management
N
0
0.16
RE1
Kilometers
Projection: GDA 1994
MGA Zone 56
Scale 1:4,000 @ A3
Map Identification number:
WestDaptoRoad_PP_Zoning_3.mxd
R2
WOLLONGONG LOCAL
ENVIRONMENTAL
PLAN 2009
0.5:1
0.5:1
Planning Proposal
Floor Space Ratio map
0.5:1
0.75:1
WONG
Maximum Floor Space Ratio (n:1)
A
0.3
D
0.5
I
0.75
P
1.2
S
1.5
T
2.0
U
2.5
V
3
AWILL
I
0.5:1
Change FSR to 0.5:1
R OA D
WEST D
APTO R
0.5:1
O AD
0.5:1
Change FSR to 0.5:1
Change No Longer Required
Recommended Change to FSR
Change No Longer Required
0.5:1
Change FSR to 0.5:1
O
SH
NE
Cadastre
0.5:1
EN
AV
Cadastre 27.01.14 c Wollongong City Council
Change No Longer Required
UE
O D PL A
Kilometers
Projection: GDA 1994
MGA Zone 56
Scale 1:4,000 @ A3
0.5:1
Map Identification number:
WestDaptoRoad_PP_FSR 3.mxd
OA K W O O
D PLACE
CR
W
AY
0.5:1
RO
BI
NS
NG
IL
O
IN
N
W
0.16
TALLWO
0
CE
N
GLEN-AY
RE AVEN
Change No Longer Required
Change No Longer Required
EE
K
UE
DR
IV
E
Change No Longer Required
WOLLONGONG LOCAL
ENVIRONMENTAL
PLAN 2009
F
F
AB
AB
Planning Proposal
Lot Size Map
F
WONG
Minimum Lot Size (sq m)
F
449
T
999
U1
1499
U2
1999
V
2999
W
3999
X
0.99ha
Y
1.99ha
Z1
3.99ha
Z2
4.99ha
AA
9.99ha
AB
39.99ha
AWILL
I
F
Change Minimum Lot Size to 449sqm
R OA D
WEST D
Retain MLS - 39.99ha
F
APTO R
F
O AD
AA
Change Minimum Lot Size to 449sqm
AB
T
Change Minimum Lot Size to 449sqm
Recommended Change to MLS
O
SH
Retain Current MLS
Retain MLS - 39.99ha
NE
Cadastre
EN
AV
Cadastre 27.01.14 c Wollongong City Council
AA
UE
F
Retain MLS - 39.99ha
O D PL A
Kilometers
Projection: GDA 1994
MGA Zone 56
Scale 1:4,000 @ A3
F
Map Identification number:
WestDaptoRoad_PP_MinLotSize.mxd 2
OA K W O O
D PLACE
NS
W
AY
RO
BI
NG
IL
O
IN
N
W
0.16
TALLWO
0
CE
Retain MLS - 39.99ha
N
GLEN-AY
RE AVEN
Retain MLS - 39.99ha
CR
UE
EE
K
DR
IV
E
AB
F
Finalised Planning Proposal
LOCAL GOVERNMENT AREA: Wollongong City Council
NAME OF DRAFT LEP: Shone Avenue and West Dapto Road, Horsley
ADDRESS OF LAND: Lot 1 DP 607456 and Lot 1 DP 26069, Horsley.
MAP: Location Map
BACKGROUND:
As part of the development of the West Dapto Release Area, a Neighbourhood Plan has
been prepared for land fronting the corner of Shone Avenue and West Dapto Road, Horsley.
Council on 23 February 2015 resolved to exhibit the draft Neighbourhood Plan. Council also
resolved to prepare a draft Planning Proposal to make minor amendments to the
Wollongong Local Environmental Plan 2009, to realign part of the R2 Low Density
Residential and E3 Environmental Management zone boundary to reflect updated flood
information and facilitate the efficient subdivision of land. Corresponding amendments to the
floor space ratio and minimum lot size maps are also required. The Neighbourhood Plan
was adopted as an amendment to Wollongong Development Control Plan 2009 Chapter D16
West Dapto Release Area at the 24 August 2015 Council meeting and was notified on 9
September 2015.
Part 1: OBJECTIVES OR INTENDED OUTCOMES OF THE PLANNING PROPOSAL:
What is the purpose of the Planning Proposal?
1
The draft Planning Proposal would facilitate the implementation of a Neighbourhood Plan
for Shone Avenue and West Dapto Road, Horsley, realigning part of the R2 Low Density
Residential and E3 Environmental Management zone boundary to reflect updated flood
information and facilitate the efficient subdivision of land upon receipt of the subdivision
application.
Part 2: EXPLANATION OF THE PROVISIONS OF THE PLANNING PROPOSAL:
How are the objectives of the Planning Proposal to be achieved? How will the LEP be
changed?
Minor boundary adjustments between E3 Environmental Management and R2 Low Density
Residential zones to reflect updated flood information. Corresponding amendments to the
minimum lot size and floor space ratio maps.
x Amendment of the Wollongong LEP 2009 Zoning Map in accordance with the
proposed zoning map shown as Figure 1, which indicates R2 Low Density
Residential zoning for part of the site currently zoned E3 Environmental
Management;
x Amendment of the Wollongong LEP 2009 Minimum Lot Size Map in accordance
with the proposed minimum lot size map shown as Figure 2, which indicates 450m²
for areas proposed to be zoned R2 Low Density Residential; and
x Amendment of the Wollongong LEP 2009 Floor Space Ratio Map in accordance
with the proposed floor space ratio map shown as Figure 3, which indicates a
maximum permissible floor space ratio of 0.5:1 for areas proposed to be zoned R2
Low Density Residential.
Part 3: JUSTIFICATION FOR THE PLANNING PROPOSAL:
Section A – Need for the planning proposal
1. Is the planning proposal a result West Dapto is an urban release area in planning
of any strategic study or report?
for over 10 years. This planning proposal is
consistent with the Council endorsed vision and
masterplan that encompasses the subject site and
surrounds, which identifies the land for residential
development. It is also noted that the West Dapto
Urban Release Area is identified as a key area of
growth in the Illawarra Regional Strategy.
The planning proposal is considered necessary to
facilitate a Neighbourhood Plan within the West
Dapto Urban Release Area.
The Planning Proposal is the result of a Council
resolution dated 23 February 2015. The report to
Council included the recommendations from the
following supporting documents:
x Ecological
Constraints
Analysis
(EcoLogical 2014);
x Bushfire
Constraints
Assessment
(Australian Bushfire Protection Planners
P/L 2014);
2
x
x
x
Flood Study (KFW Infrastructure 2014) –
an update to Council’s Mullet Creek Flood
Study 2009;
Preliminary
Aboriginal
Heritage
Assessment Report (AHMS 2014); and
Noise Impact Assessment in relation to the
proximity to the rail line (Reverb Acoustics
2014).
2. Is the planning proposal the best The Planning Proposal is the only means of
means of achieving the objectives achieving the intended outcome.
or intended outcomes, or is there a
better way?
Section B – Relationship to strategic planning framework
4. Is the planning proposal
consistent with the objectives and
actions of the applicable regional
or sub-regional strategy (including
the Sydney Metropolitan Strategy
and exhibited draft strategies)?
Illawarra Regional Strategy –
West Dapto is an urban release area in planning
for over 10 years and identified in the Illawarra
Regional Strategy as a key growth area for
Wollongong and the Illawarra.
The Planning
Proposal is consistent with the vision and
masterplan that encompasses the subject site and
identifies the land for residential development.
Rezoning additional land in accordance with the
land constraints and optimising the efficiency of
development in the West Dapto Urban Release
Area is consistent with the Illawarra Regional
Strategy.
The Planning Proposal has considered constraints
and sensitivities of the site in line with the
sustainability criteria, such as biodiversity and
flooding, and is endeavouring to ensure that where
possible vegetation is preserved.
Proposed
development is outside the 1 in 100 year event.
The Planning Proposal is consistent with the draft
Illawarra Regional Growth and Infrastructure Plan,
which identifies as a priority the maintaining of a
strong and sustained increase in housing
construction in greenfield areas to overcome low
levels of production over the last decade. New
release areas in the region are expected to
account for 57% of the 45,000 homes required to
2031 – equating to approximately 1,300 new lots
per year. A key action of this Growth Plan is the
implementation of
neighbourhood planning
principles in Local Plans, Development Control
Plans and other Council based mechanisms.
5. Is the planning proposal Wollongong 2022 Community Strategic Plan –
consistent with the local council’s West Dapto is one of the five key aspirations for
3
Community Strategic Plan or other Wollongong Council in its Delivery Program – this
local strategic plan?
is reflected in the goals and objectives of the
Community Strategic Plan.
Aspiration: Council will work in collaboration with
key agencies to provide the infrastructure needed
to support growth within the West Dapto Urban
Release Area. This will include improving access
infrastructure and local services which are needed
to support the additional 17,000 future housing lots
within the release area.
6. Is the planning proposal Refer to Table A – Checklist
consistent with applicable State Environmental Planning Policies.
Environmental Planning Policies?
7. Is the
consistent
Ministerial
directions)?
of
State
planning proposal Refer to Table B – Checklist of Ministerial
with
applicable Directions.
Directions
(s.117
Section C – Environmental, social and economic impact
8. 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?
A desktop ecological constraints analysis
(EcoLogical 2014) identifies low biodiversity
constraints in the Neighbourhood Plan area,
including the likely absence of Threatened
Ecological Communities. The reports states that,
based on previous surveys in the locality by
EcoLogical (2013), no threatened flora are
considered likely to occur on the subject site.
The report notes that the subject site supports the
foraging habitat of the threatened micro
chiropteran bat species, including the farm dams
and drainage lines. Some stands of planted native
trees and scattered isolated native trees (paddock
trees) may also support roosting and nesting
habitats for fauna species from the locality.
A more detailed flora and fauna survey and
assessment addressing threatened biodiversity
listed under either the Threatened Species
Conservation Act 1995 or Environment Protection
and Biodiversity Conservation Act 1999 will be
required for a future development application for
subdivision, in accordance with standard
Development Application requirements.
4
9. Are there any other likely
environmental effects as a result of
the planning proposal and how are
they proposed to be managed?
Flooding, Landslip, Bushfire, Flora
and Fauna, Contamination, Water
Quality etc.
If it is necessary to undertake
technical studies or investigations to
address an identified matter, these
should be undertaken following the
initial gateway determination. Scope
of additional studies should be
identified in initial draft PP for
endorsement by Gateway.
Part of the precinct is identified as flood prone due
to Robins Creek, which is part of the Mullet Creek
catchment. The applicant has submitted a more
recent and detailed flood study of the precinct
(KFW 2014) as an update to Council’s Mullet
Creek Flood Study (2009), Flood Risk
Management Plan and Mullet Creek Flood
Extension Study (2011). The updated flood study
demonstrated that the peak velocity and depth
flows associated with the 1% Annual Exceedance
Probability (AEP) annual exceedance probability
storm event are generally contained within the
back of the riparian creek system. Proposed
residential lots and detention basins will not be
located in the 1 in 100 year extent areas.
Council resolved that further work is required as
part of the Gateway determination to demonstrate
how any proposed cut and fill of flood affected land
could be managed within the Neighbourhood Plan
area. Information was provided in the form of a
flood depth change plot, which indicates that the
proposed filling does not increase the extent of
flooding in the vicinity of the playing field and
proposed residential lots (1% AEP event). The
Neighbourhood Plan has been modified such that
all residential lots and roads are not affected by
the 1% AEP flood. This revision has included the
removal of some proposed lots and realignment of
roads, and as a result, the extent of the rezoning
required through this Planning Proposal has been
reduced.
More detailed flood investigations
(extending to neighbouring properties) may be
required at the development application stage.
The following documents were submitted in
support of the Planning Proposal request:
x Ecological
Constraints
Analysis
(EcoLogical 2014);
x Bushfire
Constraints
Assessment
(Australian Bushfire Protection Planners
P/L 2014);
x Flood Study (KFW Infrastructure 2014) –
an update to Council’s Mullet Creek Flood
Study 2009;
x Preliminary
Aboriginal
Heritage
Assessment Report (AHMS 2014); and
x Noise Impact Assessment in relation to the
proximity to the rail line (Reverb Acoustics
2014).
No further studies were requested as a result of
the Gateway process.
5
10, How has the planning proposal
adequately addressed any social
and economic effects?
Include heritage impacts (Aboriginal
and European) traffic impacts, urban
design considerations and any impact
on community infrastructure such as
schools, hospitals, or potential
economic impacts - retails centres,
impacts on CBD, employment lands
etc.
The planning proposal is considered a
housekeeping matter because the land is already
zoned as part of the West Dapto Urban release
Area. It is considered that the impacts of the
proposal are minimal on a social and economic
basis other than it would permit efficient
development of land.
A preliminary Aboriginal Heritage Assessment
report (AHMS 2014) has not identified any known
Aboriginal sites within the proposed development
area, however has identified a number of areas
that are considered to have “high” archaeological
potential which require further investigation. The
report recommends that archaeological testing be
undertaken in accordance with the code of
practice for archaeological sites, prior to the
commencement of any development works on the
site. Further, it is likely that additional consultation
to allow for a cultural significance assessment will
be required as part of this process. Additional
Aboriginal Archaeological research in line with the
recommendations from Council’s Heritage Officer
has commenced and will be assessed at DA
stage.
Section D – State and Commonwealth interests
11. Is there adequate public The precinct is not yet sufficiently serviced by
infrastructure for the planning water, sewerage, electricity and communication
proposal?
services. Endeavour Energy has been working
with Council and active developers to ensure
electricity supply will be available to new dwellings
as they are constructed. Sydney Water has
developed a Growth Servicing Plan to provide
water and wastewater (sewer) services in stages
over the next 40 years. The precinct should be
serviced by 2015-16 and the work begins this year
to service Stages 1 and 2.
12. What are the views of State and
Commonwealth public authorities
consulted in accordance with the
gateway determination?
Preliminary consultation occurred in relation to the
draft Neighbourhood Plan with the Office of Water;
Office of Environment & Heritage, TransGrid, NSW
Rural Fire Service, and Sydney Water.
The Gateway determination stipulated consultation
with the following authorities:
x Office of Environment & Heritage
x NSW Rural Fire Service
x Roads & Maritime Services
x Sydney Water
The Office of Water was also consulted.
6
No objections were raised by the NSW Rural Fire
Service, Sydney Water and Roads & Maritime
Services.
The Office of Water submission
recommended that the proposed rezoning be
amended (reduced in extent) to reflect the revised
Neighbourhood Plan. The Office of Environment &
Heritage noted that small boundary changes would
have minimal ecological impact but indicated
support for further flora and fauna assessment in
accordance with standard development application
requirements. The submission also noted the
need for attention to flood plain management
issues and further heritage investigations at the
DA stage.
PART 4: MAPS, WHERE RELEVANT, TO IDENTIFY THE INTENT OF THE PLANNING
PROPOSAL AND THE AREA TO WHICH IT APPLIES
Proposed Planning Controls – changes are proposed to the Zoning Map, Minimum Lot
Size Map and Floor Space Ratio Map.
Figure 1 Zoning Map
7
Figure 2 Minimum Lot Size Map
Figure 3 Floor Space Ratio Map
8
Part 5: DETAILS OF COMMUNITY CONSULTATION UNDERTAKEN ON THE PLANNING
PROPOSAL:
The Gateway Determination dated 15 July 2015 confirmed community consultation
requirements. The Planning Proposal was exhibited between 29 July and 28 August 2015
and included:
x
x
x
x
Hard copies at Council’s Administration building and relevant Libraries;
Electronic copy on Council’s website;
Notification letters to surrounding and nearby property owners, and Neighbourhood
Forum; and
Notification letters to relevant State agencies and other authorities nominated by the
NSW Department of Planning and Environment including:
o Office of Environment & Heritage
o Office of Water
o RMS
o RFS
o Sydney Water
Part 6: PROJECT TIMELINE
#
Action
Estimated Timeframe
Responsibility
1
Date of Gateway Determination
15 July 2015
Department
Planning
Environment
2
Anticipated completion
technical studies
3
Government agency consultation
29 July to 28 August Agencies
2015
4
Public exhibition period
29 July to 28 August Council
2015
5
Date of Public Hearing (if applicable)
N/A
Council
6
Consideration of submissions
August 2015
Council
7
Assessment
exhibition
8
Report to Council
9
Final maps and Planning Proposal November 2015
prepared
of
10 Submission
to
finalisation of LEP
of
required N/A
proposal
post- September 2015
October 2015
Department
for November 2015
of
and
Consultants
Council
Council
Council
Council
11 Anticipated date RPA will make the December 2015
LEP
Council (if
delegation)
12 Anticipated date Council will forward December 2015
final Planning Proposal to DOP&I for
notification
Council
13 Anticipated date LEP will be notified
Parliamentary
Counsel and DoPE
January 2016
under
9
Table A - Checklist of State Environmental Planning Policies
State Environmental Planning Policy
State
policies
SEPP No. 1 Development Standard
SEPP No. 4 Development Without Consent
and miscellaneous Exempt and
Complying Development
SEPP No. 6
Number of Storeys in a Building
Compliance
Consistent
SEPP
14
SEPP
15
SEPP
19
SEPP
21
SEPP
22
SEPP
26
No. Coastal Wetlands
SEPP
29
SEPP
30
SEPP
32
SEPP
33
SEPP
36
SEPP
39
SEPP
41
SEPP
44
SEPP
47
SEPP
50
SEPP
52
No. Western Sydney Recreational
Area
No. Intensive Agriculture
Does not apply
to Wollongong
N/A
No. Urban
Consolidation
(Redevelopment of Urban Land)
No. Hazardous
and
Offensive
Development
No. Manufactured Home Estates
N/A
No. Rural Land Sharing Communities
No. Bushland in Urban Areas
No. Caravan Parks
No. Shops and Commercial Premises
No. Casino/Entertainment Complex
No. Koala Habitat Protection
No. Moore Park Showground
Clause 6 and parts 3
and 4 of SEPP were
repealed
by
Wollongong
LEP
2009
Planning
Proposal
does not propose
controls for number
of storeys
N/A
Does not apply
to Wollongong
Does not apply
to Wollongong
N/A
N/A
No. Littoral Rainforests
No. Spit Island Bird Habitat
Comment
No littoral rainforests
identified
by
the
policy
in
the
Wollongong LGA
N/A
N/A
Does not apply
to Wollongong
Does not apply
to Wollongong
N/A
No. Canal Estate Development
Does not apply
to Wollongong
N/A
No. Farm Dams, Drought Relief and
Other Works
Does not apply
to Wollongong
10
State Environmental Planning Policy
SEPP No. Remediation of Land
55
SEPP
56
SEPP
59
SEPP
60
SEPP
62
SEPP
64
SEPP
65
SEPP
70
SEPP
71
SEPP
SEPP
SEPP
SEPP
SEPP
SEPP
SEPP
SEPP
SEPP
SEPP
SEPP
SEPP
SEPP
SEPP
No. Sydney Harbour Foreshores and
Tributaries
No. Central
Western
Sydney
Economic and Employment Area
No. Exempt
and
Complying
Development
No. Sustainable Aquaculture
Compliance
Consistent
Does not apply
to Wollongong
Does not apply
to Wollongong
Consistent
Comment
Contamination
issues have been
considered as part of
the original rezoning
of West Dapto and
will
be
further
considered as part of
development
applications.
N/A
N/A
No. Advertising and Signage
Consistent
N/A
No. Design quality of residential flat
development
No. Affordable
Housing
(revised
schemes)
No. Coastal Protection
Consistent
N/A
Housing for Seniors or People
with a Disability 2004
Building
Sustainability
Index:
BASIX 2004
Major Projects 2005
Development
on
Kurnell
Peninsular 2005
Sydney Region Growth Centres
2006
Mining, Petroleum Production and
Extractive Industries 2007
Infrastructure 2007
Temporary Structures 2007
Kosciuszko National Park – Alpine
Resorts 2007
Rural Lands 2008
Affordable Rental Housing 2009
Western Sydney Employment
Lands 2009
Exempt
and
Complying
Development Codes 2008
Western Sydney Parklands 2009
Does not apply
to Wollongong
N/A
Consistent
Consistent
N/A
Does not apply
to Wollongong
Does not apply
to Wollongong
Consistent
Consistent
Consistent
Does not apply
to Wollongong
Does not apply
to Wollongong
Consistent
Does not apply
to Wollongong
Consistent
N/A
N/A
N/A
Does not apply
to Wollongong
11
State Environmental Planning Policy
Deemed
SEPPS(
former
Regional
Plans)
Illawarra
REP 1
Illawarra
Illawarra
REP 2
Greater
Metropolitan
REP No.2
Jamberoo
Georges River catchment
Compliance
Comment
Repealed
within
Wollongong
Does not apply
to Wollongong
Does not apply
to Wollongong
12
Table B - Checklist of Section 117 Ministerial Directions
Ministerial Direction
1. Employment and Resources
Comment
1.1
Business and Industrial Zones
N/A
1.2
Rural Zones
N/A
1.3
Mining, Petroleum Production The land is identified for future urban
and Extractive Industries
release in the Illawarra Regional
Strategy and is zoned as such. This
amendment only affects the zone
boundaries and does not fundamentally
alter the land uses that are currently
permitted.
1.4
Oyster Aquaculture
N/A
1.5
Rural Lands
N/A
2. Environment and Heritage
2.1
Environment Protection Zone
Consistent
Minor adjustments to the E3 zone
boundaries are proposed under this
amendment.
The minor boundary
adjustment involves land that is E3
being rezoned to R2. The changes
have
been
justified
through
a
Neighbourhood Plan and supporting
documentation (including an updated
flood
study)
which
has
been
independently assessed and which
Council has endorsed for public
exhibition. Council has adopted the
Neighbourhood Plan as an amendment
to Wollongong Development Control
Plan 2009.
2.2
Coastal Protection
N/A
13
2.3
Heritage Conservation
N/A
No known sites are being impacted
upon as a result of the planning
proposal.
A preliminary Aboriginal
Heritage Assessment report (AHMS
2014) has not identified any known
Aboriginal sites within the proposed
development
area,
however
has
identified a number of areas that are
considered to have “high” archaeological
potential
which
require
further
investigation. The report recommends
that
archaeological
testing
be
undertaken in accordance with the code
of practice for archaeological sites, prior
to
the
commencement
of
any
development works on the site. Further,
it is likely that additional consultation to
allow for a cultural significance
assessment will be required as part of
this process.
Additional Aboriginal
Archaeological research in line with the
recommendations
from
Council’s
Heritage Officer has commenced and
will be assessed at DA stage.
2.4
Recreation Vehicle Areas
3. Housing, Infrastructure
Development
3.1
and
Residential Zones
N/A
Urban
Consistent
The minor boundary adjustment involves
land zoned E3 being rezoned to R2, to
better reflect the land constraints and
facilitate an improved outcome in the
Neighbourhood Plan.
These adjustments reflect the proposed
road
layout
identified
in
the
Neighbourhood Plan and the flooding
constraints. The proposal is considered
consistent with this direction and
objectives as the land will, as specified
in the direction, be adequately serviced,
provide flexibility in the type of housing
that can be delivered and enable a
better design through the minimisation
of impacts on the environment.
3.2
Caravan
Parks
Manufactured Home Estates
3.3
Home Occupations
and N/A
Consistent
14
3.4
Transport
Integrating
3.5
Aerodromes
Development
3.6
Land
Use
and Consistent
The site is identified as part of the West
Dapto Urban Release Area. The area
has been subject to extensive design
work, aimed at promoting access to
housing, jobs and services by walking
(networks of paths), cycling (cycleway
paths) and public transport (designed in
road networks). The Neighbourhood
Plan that this planning proposal
facilitates contains provisions for all
three transport methods.
Near
Shooting Ranges
Licensed N/A
N/A
4. Hazard and Risk
4.1
Acid Sulfate Soils
N/A
4.2
Mine Subsidence and Unstable N/A
Land
15
4.3
Flood Prone Land
Part of the precinct is identified as flood
prone due to Robins Creek, which is
part of the Mullet Creek catchment.
Flood prone land is zoned E3
Environmental Management.
The
applicant has submitted a more recent
and detailed flood study of the precinct
(KFW 2014) as an update to Council’s
Mullet Creek Flood Study (2009), Flood
Risk Management Plan and Mullet
Creek Flood Extension Study (2011).
The updated flood study demonstrated
that the peak velocity and depth flows
associated with the 1% Annual
Exceedance Probability (AEP) annual
exceedance probability storm event are
generally contained within the back of
the riparian creek system. Proposed
residential lots and detention basins will
not be located in the 1 in 100 year
extent areas and it is therefore
considered that the proposal is
consistent with the direction and
objectives.
Council resolved that further work is
required as part of the Gateway
determination to demonstrate how any
proposed cut and fill of flood affected
land could be managed within the
Neighbourhood Plan area. Information
was provided in the form of a flood
depth change plot, which indicates that
the proposed filling does not increase
the extent of flooding in the vicinity of
the playing field and proposed
residential lots (1% AEP event). The
Neighbourhood Plan has been modified
such that all residential lots and roads
are not affected by the 1% AEP flood.
This revision has included the removal
of some proposed lots and realignment
of roads, and as a result, the extent of
the rezoning required through this
Planning Proposal has been reduced.
More detailed flood investigations
(extending to neighbouring properties)
may be required at the development
application stage.
16
4.4
Planning for Bushfire Protection
The land is identified as being bush fire
prone due to the proximity to the Robins
Creek
riparian
corridor
system.
Appropriate asset protection zones have
been established in the Neighbourhood
Plan for residential development located
adjacent Robins Creek riparian corridor;
for dwellings located adjacent the third
order stream which flows across the
north
western
corner
of
the
Neighbourhood Precinct; and for
dwellings located adjacent the “forest”
vegetation in the fourth order section of
the Robins Creek (eastern stream). The
design and construction of roads shall
comply with the specifications of
Planning for Bushfire Protection 2006.
The RFS have been consulted in
relation to the drafting of the
Neighbourhood Plan and will be
included in all further consultation.
5. Regional Planning
5.1
Strategies
Implementation
of
Regional Consistent – the proposal provides
additional housing supply, housing
choice and protection of environmental
attributes. Consistent with the vision
and land use strategy for West Dapto as
a key urban growth area, contained in
the Illawarra Regional Strategy.
The
proposal
facilitates
a
Neighbourhood Plan which is a prerequisite to the lodgement of a
development application for West Dapto.
5.2
Catchments
5.3
Sydney
Drinking
Water N/A
Farmland of State and Regional Not applicable to Wollongong
Significance on the NSW Far
North Coast
5.4
Commercial and Retail Not applicable to Wollongong
Development along the Pacific
Highway, North Coast
5.5
Development in the vicinity of Not applicable to Wollongong
Ellalong, Paxton and Millfield
(Cessnock LGA)
5.8
Second
Badgerys Creek
Sydney
Airport: Not applicable to Wollongong
17
6. Local Plan Making
6.1
Approval
Requirements
6.2
Purposes
6.3
Reserving
and
Land
Referral N/A
for
Public N/A
Site Specific Provisions
N/A
7. Metropolitan Planning
7.1
Implementation
of
the Not applicable
Metropolitan Plan for Sydney 2036
18