Joint Regional Planning Panel – Pre-Gateway Review
The Southern Joint Regional Planning Panel (JRPP) has considered the request for a review of the
proposed instrument as detailed below.
Declarations of Interest:
Michael Mantei declared that he was approached by the owner of the property approximately 2
years ago for advice about development options for the property. The owner did not proceed to
engage Mr Mantei and he does not retain any information about the proposal at that time.
The Pre-Gateway Review:
Date of Review:
Dept. Ref. No:
25 July 2016
PGR_2016_WOLLG_001_00
LGA:
Wollongong
LEP to be Amended:
Wollongong Local Environment Plan 2009
Address / Location:
Lot 1 DP 977471 Denmark Street, Wombarra
Panel Chair:
Alison McCabe
Panel Members:
Renata Brooks, Mark Grayson, and Michael Mantei
Reason for review:
The council has notified the proponent that the request to prepare a
planning proposal has not been supported
The council has failed to indicate its support 90 days after the
proponent submitted a request to prepare a planning proposal
In considering the request, the JRPP has reviewed all relevant information provided by the proponent
as well as the views and position of the Department of Planning and Environment and the relevant
local government authority. Based on this review the JRPP recommends the following:
JRPP
RECOMMENDATION:
Composition of
Recommendation:
The proposed instrument should be submitted for a Gateway
determination, subject to the matters raised in the recommendation
of the Panel
The proposed instrument should not be submitted for a Gateway
determination
Unanimous
Not unanimous
Comments:
JRPP Advice and Justification for Recommendation:
1.0 Overview
The Panel considered this matter on Monday 25th July 2016. The Panel has reviewed the Planning
Proposal documents and accompanying reports, the Council report and the Departments report.
The Panel inspected the site and surrounding lands. The panel also had the benefit of presentations
from:
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Louise Myler and Graham Towers of the Department of Planning and Environment;
Marion Lourens of Elton Consulting on behalf of the proponent; and
David Green and Brett Morrissey of Wollongong City Council.
The following additional information was requested by the Panel and provided by Council:
Illawarra Escarpment Strategic Management Plan – Wollongong City Council 2015 escarpment
2. Zoning, Ownership and Development History
The subject site, lot 1 DP 977471 is zoned E3 Environmental Management under the Wollongong
Local Environmental Plan (WLEP) 2009. The lot has an area of 3.846 hectares.
Dwelling houses are permitted in an E3 Environmental Management zone with the development
consent of Council, but only in accordance with clause 4.2A of the WLEP 2009, which in this case
requires a minimum lot size of 39.99 hectares. For the purposes of this pre Gateway review, the
Panel has not been advised by Council or the Department, that a dwelling would otherwise be
permitted on the lot by virtue of satisfying any of the requirements of clause 4.2A.
Plans for a dwelling on the lot were submitted with the Planning Proposal by the applicant and formed
the basis of the environmental assessment prepared in support of the Planning Proposal in terms of
the nominating of a building site and an assessment of the bush fire risk and ecological impacts of
clearing. The nominated building site is located close to and adjacent to Denmark Street. The lot is
vacant with evidence of rubbish having been dumped on part of the site.
The proponent has advised that should the Planning Proposal be supported, it is proposed to set
aside the majority of the lot (3.3 of the 3.846 hectares) for conservation purposes and that this would
be secured by way of a legally binding agreement. The proponent has indicated that should the
Planning Proposal not be supported, the conservation and ecological values of the lot will be at risk.
In the vicinity of the lot are dwellings to the north of Denmark Street and further to the west along
Morrison Avenue. All the land in the vicinity of the lot west of the south coast rail line is zoned E3
Environmental Management. All the land in the vicinity of the lot has a minimum lot size under the
WLEP 2009 of 39.99 hectares.
In addition to the statutory controls in force, directly relevant to this Pre-Gateway review is the
Illawarra Escarpment Management Plan (IEMP) adopted in 2015 by Wollongong City Council. The
IEMP was prepared by Council in consultation with amongst others, the Department of Planning and
Environment, the National Parks and Wildlife Service and the Escarpment Planning Reference
Group.
3. Strategic Merit Assessment
In determining whether the Planning Proposal has sufficient strategic merit to warrant and justify a
major departure from the minimum lot size, consideration has been to the planning framework as
adopted by Council being the Illawarra Escarpment Management Plan (IEMP) 2015 together with the
wider context in terms of other undersized lots (being less than 39.99 hectares) also zoned E3
Environmental Management.
It is understood that under the IEMP, the lot falls within the Core Escarpment Area whilst the
proponent suggests that the lot is located on the outer perimeter of the Escarpment Area and that the
Planning Proposal will provide the basis for enhancing the values of the lot.
Nevertheless, it is understood that the IEMP is the result of a comprehensive and detailed whole of
escarpment planning review and is taken to reflect the most recent and current policy position of not
just Wollongong City Council, but more generally State Government and key stakeholder groups. For
this reason, the Panel has given the IEMP considerable weight.
Varying from the policy position set out by the IEMP should therefore only by supported where the
circumstances are sufficiently unique as to not set an undesirable planning precedent and whether
relaxing development controls on the site is necessary to achieve the escarpment ecological and
conservation outcomes set out in the IEMP and the E3 zone objective of ..protecting, managing and
restoring areas with special ecological, scientific, cultural or aesthetic values.
Whilst the Planning Proposal may result in an enhanced conservation outcome for much of the lot,
the Panel has been made aware that there are a number of lots below the current minimum lot size
along the escarpment and for which the circumstances maybe similar. The Panel considers that the
potential conservation benefits of the proposal do not outweigh the potential cumulative
environmental impacts should this proposal establish a precedent resulting in further clearing (to meet
APZ requirements) and fragmentation of core escarpment areas. The panel is not convinced that
relaxing the minimum lot size is necessary to achieve the outcomes of the IEMP.
With that in mind, the Panel is not satisfied that the circumstances as to the size of the lot, its location
and other site attributes nor the specific planning aspects of the Planning Proposal are sufficiently
unique as to warrant the proposed departure from the minimum lot size. The owner of the land has
the option to acquire adjoining vacant lands to increase the size of the land holding. Although
consolidation with all adjoining vacant land will not achieve the minimum area for a dwelling house
(39.99 hectares) it will reduce the potential cumulative impacts of an additional dwellings in the
locality. The Panel is not aware of whether this option has been explored.
The Panel also considered whether there have been changes in circumstances since adoption of the
Wollongong Local Environmental Plan 2009 and the Illawarra Escarpment Strategic Management
Plan justifying consideration of a change in controls. The Panel does not consider that the proposal
demonstrates any such change in circumstances.
The Panel has however been made aware by Council of a coordinated approach to a number of land
holdings elsewhere on the escarpment where there is the potential for additional dwellings and an
improved conservation outcome. Whilst the circumstances and planning issues may well be different
to those in and around Wombarra, Council may wish to consider whether such a coordinated
approach has merit and potential elsewhere on the escarpment.
In considering the escarpment policy position adopted by Government, both local and State and the
potential to set an undesirable planning precedent, the Panel is of the view that the planning proposal
has insufficient strategic merit to justify being supported.
4. Site Specific Merits
Should the Planning Proposal be supported, clearing of existing vegetation would be required around
the proposed building envelope and to maintain an asset protection zone for bush fire purposes. The
proponent contends that this impact of clearing will be offset by the conservation of the majority of the
lot. The Panel is however of the view that there is insufficient broader strategic merit to justify the
proposal, and that for this reason there are no site specific merit considerations to vary the
development controls.
5. Conclusion and Recommendation
The Panel considers that the Planning Proposal does not have strategic merit and recommends that
the Planning Proposal not proceed to a gateway determination for the following reasons:
1. The proposed amendment would undermine the ecological and conservation outcomes set out in
the IEMP and the policy position adopted under the WLEP 2009 to relax development controls on
land with high ecological values.
2. The characteristics of this site are not distinguishable from other similarly zoned vacant
undersized lots in the area.