Planning Proposal Anderson Road Lot 8 DP 816552, 5 Anderson Road, Berkeley Vale File No. RZ/4/2009 Anderson Road Lot 8 DP 816552, 5 Anderson Road, Berkeley Vale File No. RZ/4/2009 Introduction & Locality Context 1 Part 1 Objectives or Intended Outcomes 2 Part 2 Explanation of Provisions 3 Part 3 Justification 4 Section A – Need for the Planning Proposal Section B – Relationship to strategic planning framework Section C – Environmental, Social and Economic Impact Section D – State and Commonwealth Interests 4 4 13 16 Part 4 Mapping 17 Part 5 Community Consultation 18 Part 6 Project Timeline 19 Introduction & Locality Context The subject site is located on the boundary of the suburbs Berkeley Vale and Glenning Valley. The site is mostly cleared with remnant vegetation retained to street frontages. The site is surrounded by residential development to the north and east and rural residential lots to the south and west. There are sections of vegetated land to the west and east of the site linked by the existing vegetation to the south of the site. Figure 1 Contextual Locality Plan Part 1 Objectives or Intended Outcomes The objective of this proposal is to enable development of the vacant site at 5 Anderson Road Berkeley Vale for residential subdivision whilst respecting the amenity of the area, managing impact on services and maintaining significant vegetation. Part 2 Explanation of Provisions The outcome will be facilitated by an amendment to Wyong Local Environmental Plan (LEP) 2013. The following table identifies the proposed amendments: Existing Provision Proposed Amendment Land Zoning Map - (Extract of 8550_COM_LZN_010_ 020_20140204 ) Annexure 04B - Lot Size Map - (Extract of 8550_COM_LSZ_ 010_020_20140204) Annexure 04C Table 1 – Explanation of Map and Instrument Amendments Change the zoning of the subject lot from E4 – Environmental Living to R2 – Low Density Residential Annexure 04D Change the minimum lot size from 2 Ha to 450m2. Annexure 04E Part 3 Justification Section A – Need for the Planning Proposal 1. Is the Planning Proposal a result of any Strategic Study or report? The land is identified as being within an Urban Development Program area shown in the Central Coast Regional Strategy (CCRS) Map 2 listed as Figure 2 below. The land is listed in the Wyong Shire Council Settlement Strategy – Rezoning Request Strategy for short term investigation. Following a request from the landowner and provision of supporting studies, Council resolved to submit the Proposal for a Gateway determination (Annexure 01A). 2. Is the planning proposal the best means of achieving the objectives or intended outcomes, or is there a better way? The simplest method of permitting residential subdivision of the land is considered to be an amendment to the zone and lot size maps. Section B – Relationship to strategic planning framework 3. Is the planning proposal consistent with the objectives and actions contained within the applicable regional or sub-regional strategy (including the Sydney Metropolitan Strategy and exhibited draft strategies)? Central Coast Regional Strategy 2008 The land adjoins an existing urban area in the suburb of Berkeley Vale and Metropolitan Development Program (MDP) area identified in the CCRS and is considered to be a logical extension of this urban development. Figure 2 Extract from CCRS 4. Is the planning proposal consistent with the local Council’s Community Strategic Plan, or other local strategic plan? Wyong Community Strategic Plan (CSP) 2030 The Wyong Shire Community Strategic Plan (CSP) identifies what the Shire Strategic Vision is, how the vision was created through the community, the importance of the community, Council, State and Federal Government working together to achieve the Shire’s vision, and how the Shire Strategic Vision integrates with Council’s Asset Management Strategy and long-term Financial Strategy. The CSP identifies 8 priority objectives, each supported by a range of actions: • Communities will be vibrant, caring and connected with a sense of belonging and pride in their neighbourhood. The proposed development is immediately adjoining existing residential development. Opportunities exist for new residents to participate in existing programs in the district, including community, business, sports, recreation, education and creative groups. The Planning Proposal is consistent with the Wyong Shire Settlement Strategy. • There will be ease of travel within the Shire and to other regional centres and cities. Travel will be available at all hours and will be safe, clean and affordable. The site is close to existing major population areas with good access to services. A bus services operate along nearby Wyong Road which also provides quick access to the M1 Motorway and Tuggerah Railway Station. The development of the land will increase traffic movements on Anderson Road, Hillside Drive, Beckingham Road and the intersection with Wyong Road. There will be some reduction in ease of car travel at peak times however assessment of the proposal indicates that these impacts will be relatively minor. Traffic issues are further discussed in the assessment of the proposal against the Ministerial Section 117 Directions below. • Communities will have access to a diverse range of affordable and coordinated facilities, programs and services The proposed development will result in developer contributions to cultural and community facilities, open space, sports and recreation facilities. Council is currently seeking to increase utilisation of many of its existing facilities • The community will be well educated, innovative and creative; people will attain full knowledge potential at all stage of life. Not relevant to this Proposal. • Areas of natural value in public and private ownership will be enhanced and retained to a high level in the context of ongoing development. It is proposed that significant vegetation on site be maintained through restrictions on the development of certain parts of the land. The community will be given an opportunity to comment on any potential impacts of this proposal though the exhibition process. • There will be a sense of community ownership of the natural and built environment through direct public involvement with programs and services. The community will be given an opportunity to comment on any potential impacts of this proposal though the exhibition process. • There will be a strong sustainable business sector and increased local employment built on the Central Coast’s business strengths. Not relevant to this Proposal. • Information communication technology will be consistent with the world’s best practice and adaptive to technological advances across all sectors. It is recommended that future development of the land facilitate the provision of high speed broadband services. The Wyong Shire Settlement Strategy 2013 The Settlement Strategy is Wyong Shire’s principal reference for the management of population growth, local employment increase and infrastructure access for the next 20 years. The Settlement Strategy replaces the Wyong Residential Development Strategy 2002 (RDS). The RDS identified the subject site within Council’s Urban Development Program Strategy (UDP). The UDP was reviewed in the development of the Settlement Strategy. Subsequently as this Planning Proposal request had already been lodged, in preference to noting this site as a Wyong RDS retained site, the completion of this rezoning request as a high priority in the Settlement Strategy (Annexure 05 I). 5. Is the planning proposal consistent with applicable state environmental planning policies? The proposal has been considered against the relevant State Environmental Planning Policies (SEPP) as detailed below. State Environmental Planning Policy Comment SEPP No. 44 – Koala Habitat Aims to encourage the proper conservation and management of areas of natural vegetation that provide habitat for koalas to ensure a permanent free-living population over their present range and reverse the current trend of koala population decline: (a) by requiring the preparation of plans of management before development consent can be granted in relation to areas of core The ecological assessment by Peak Land Management (Annexure 05B) submitted with the Planning Proposal request, notes that lees than 15% of trees on site are koala feed trees and therefore in accordance with the requirements of the SEPP land does not contain potential koala habitat. State Environmental Planning Policy Comment koala habitat, and (b) by encouraging the identification of areas of core koala habitat, and (c) by encouraging the inclusion of areas of core koala habitat in environment protection zones SEPP 55 – Remediation of Land Aims to promote the remediation of contaminated land for the purpose of reducing the risk of harm to human health or any other aspect of the environment (a) by specifying when consent is required, and when it is not required, for a remediation work, and (b) by specifying certain considerations that are relevant in rezoning land and in determining development applications in general and development applications for consent to carry out a remediation work in particular, and (c) by requiring that a remediation work meet certain standards and notification requirements. As required by the Gateway Determination for the rezoning proposal, a Preliminary Contamination Assessment has been undertaken for inclusion in the public exhibition material with the planning proposal (refer to Annexure 05 G). The report indicates that apart from some potential of their being some pesticide contamination from previous agricultural use the site is considered suitable for residential development. It is therefore considered that further sampling would be required prior to lodgement of a development application but the relatively minor prospect of contamination and the likelihood that any contamination could be remediated should not preclude the rezoning process. It is noted that residential development is currently permissible on the subject site and surrounding land. SEPP (Exempt and Complying Development Codes) 2008 The Planning Proposal does not include any specific provisions relating to Exempt and Complying Development, nor does it contradict or repeat any provisions in the SEPP (Exempt and Complying Development Codes) 2008. Table 2 – SEPP Assessment Is the planning proposal consistent with applicable Ministerial Directions (s.117 Directions)? 6. The proposal has been considered against the relevant Ministerial Section 117 Directions as summarised below with a full assessment of the relevant Directions following: No. Direction Applicable Consistent Employment & Resources 1.1 Business & Industrial Zones N N/A 1.2 Rural Zones N N/A 1.3 Mining, Petroleum Production and Extractive Industries Y 1.4 Oyster Aquaculture N N/A 1.5 Rural Lands N N/A Y Environment & Heritage 2.1 Environmental Protection Zones Y Y 2.2 Coastal Protection N N/A 2.3 Heritage Conservation Y Y 2.4 Recreation Vehicle Areas N N/A Housing, Infrastructure & Urban Development 3.1 Residential Zones Y Y 3.2 Caravan Parks and Manufactured Home Estates N N/A 3.3 Home Occupations Y Y 3.4 Integrating Land Use & Transport Y Y 3.5 Development Near Licensed Aerodromes N N/A 3.6 Shooting Ranges N N/A Hazard & Risk 4.1 Acid Sulfate Soils N N/A 4.2 Mine Subsidence and Unstable Land N N/A 4.3 Flood Prone Land N N/A 4.4 Planning for Bushfire Protection Y Y No. Direction Applicable Consistent Regional Planning 5.1 Implementation of Regional Strategies Y Y 5.2 Sydney Drinking Water Catchments N N/A 5.3 Farmland of State and Regional Significance on the NSW Far North Coast N N/A 5.4 Commercial and Retail Development along the Pacific Highway, North Coast N N/A 5.8 Sydney’s Second Airport: Badgery’s Creek: N N/A Local Plan Making 6.1 Approval and Referral Requirements Y Y 6.2 Reserving Land for Public Purposes N N/A 6.3 Site Specific Provisions Y Y N N/A Metropolitan Planning 7.1 Implementation of the Metropolitan Strategy Table 3 – S117 Ministerial Direction Considerations Ministerial Direction Consistency 1.3 Mining, Petroleum Production and Extractive Industries Department of Trade and Investment (Mineral Resources) were consulted prior to public exhibition and have provided unconditional support for the proposal having no significant interest over subject site (Annexure 03 C). The objective of this direction is to ensure that the future extraction of State or regionally significant reserves of coal, other minerals, petroleum and extractive materials are not compromised by inappropriate development. 2.1 Environmental Protection Zones The objective of this direction is to protect and conserve environmentally sensitive areas. The subject land is zoned E4 – Environmental Living under the provisions of the Wyong Local Environmental Plan, 2013. The objectives of the zone are: •To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values. • To ensure that residential development does not have an adverse effect on those values. • To allow additional land uses that will not have an adverse impact on those values. The subject land is a transition parcel between the residential development to the north and east of the subject land and the existing ruralresidential development to the south. The land is extensively cleared and ecological assessment and archaeological review reveal limited potential for adverse impacts should the land be developed. By providing residential development on this cleared transition parcel of land, the wider planning principles for the area will be maintained. The development will provide for a suitable use of the land (rather than a low-scale sprawling use as currently permitted) and will provide for a small addition to local housing supply to cater for existing demand. Giving the land over to residential development will not have any significant adverse impacts in terms of environmental outcomes. The Office of Environment and Heritage (OEH) were consulted prior to public exhibition ( Annexure 03 A) and have indicated that provided: • Connectivity to vegetation from east to west is maintained • Restrictive covenant to protect vegetation is applied. • Provision of a vegetation management plan for entire site. 3.1 Residential Zones Aims to encourage a variety and choice of housing types to provide for existing and future housing needs, to make efficient use of existing infrastructure and services and ensure that new housing has appropriate access to infrastructure and services, and to minimise the impact of residential development on the environmental and resource lands. Applies when a planning proposal affects land It is proposed that these conditions be realised through appropriate Development Control Plan (DCP) provisions (Annexure 05 H). The proposed development offers a residential development within a transition zone between the immediately adjoining residential lands to the north and east of the subject land and the rural-residential developments to the south. The proposal can make use of existing infrastructure including road, sewer connection point, water, electricity and telecommunications. within an existing or proposed residential zone, and any other zone in which significant residential development is permitted or proposed to be permitted. 3.3 – Home Occupations Aims to encourage the carrying out of low impact small business in dwelling houses. Applies when the relevant planning authority prepares a planning proposal. The proposed rezoning aims to permit for residential development which may result in home occupations being carried out within resulting dwellings. There is nothing within the proposed rezoning that would detract from encouraging low impact businesses within future dwellings. 3.4 Integrating Land Use & Transport Aims to ensure that urban structures, building forms, land use locations, development designs, subdivision and street layouts to achieve: improving access to housing, jobs and services by walking, cycling and public transport; increasing choice of available transport and reducing transport reliance on cars; reducing travel demand; supporting efficient and viable public transport services; and provide for efficient movement of freight. The proposed development will result in some additional traffic movement on the existing road infrastructure, which is dealt with more specifically within the Traffic Impact Assessment (Annexure 05 A). The site specific DCP requires that there be no direct access to the existing road network (Annexure 05 H). Applies when a planning proposal creates alters or moves a zone or provision relating to urban land, including land zoned for residential, business, industrial, village or tourist purposes. 4.4 Planning for Bushfire Protection This direction provides requirements to be fulfilled for draft LEPs that affect land mapped as bushfire prone land. The objectives of the direction are to protect life, property and the environment from bushfire hazard by discouraging the establishment of incompatible land uses in bushfire prone areas and to encourage sound management of bushfire prone areas. The subject land has access to the public transport options available along the Wyong Road corridor as well as access to the nearby pedestrian and cycle opportunities. The applicant has prepared a Bushfire Impact Assessment which indicates that the site may be developed for residential development providing measures to address bushfire threat are employed in the subdivision and subsequent building design (Annexure 05 F). 5.1 Implementation of Regional Strategies The objective of this direction is to ensure draft LEPs are consistent with regional strategies such as the Central Coast Regional Strategy. There will be some reduction in ease of car travel at peak times however assessment indicates that these impacts will be relatively minor. The NSW Rural Fire Service (RFS) were consulted prior to public exhibition and have indicated support for the proposal (Annexure 03 B). Subdivision design will need to consider required vegetation retention and the requirements of Planning for Bushfire Protection 2006. The planning proposal is considered to be consistent with the Central Coast Regional Strategy. The land adjoins an existing Metropolitan Development Program) MDP area shown on Map 2 of the CCRS. The Planning Proposal is consistent with the objectives and actions contained within the CCRS, specifically Action 4.4 which requires: Council to investigate the potential for land located within and around centres for future residential opportunities. 6.1 Approval and Referral Requirements Aims to ensure that LEP provisions encourage the efficient and appropriate assessment of development. 6.3 Site Specific Provisions Aims to discourage unnecessarily restrictive site specific planning controls. Applies when the relevant planning authority prepares a planning proposal to allow particular development to be carried out. Table 4 – S117 Ministerial Direction Compliance The planning proposal does not include provisions which require additional concurrence from other agencies. The LEP will contain land use and lot size restrictions only. Any site specific provisions will be provided in a Development Control Plan (Annexure 05 H). Section C – Environmental, Social and Economic Impact 7. 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? The site is predominately cleared with narrow forest remnants along the Anderson Road (western side) and Gordon Vaughan Road (southern side) frontages, widening in the south-eastern corner of the site. An Ecological Report was submitted in support of the proposal (Annexure 05 B) and was subject to Council review. The Ecological Report (Peak Land Management December 2010) submitted with the rezoning request, identifies forest types of Coastal Narrabeen Moist Forest and Coastal Foothills Spotted Gum/Grey Ironbark. Council review indicates the vegetation does not satisfy the Spotted Gum/Grey Ironbark Forest Ecologically Endangered Community (EEC) descriptors. There are 2 patches of the threatened flora species Melaleuca biconvexa within the forest remnants. The 2 patches of Melaleuca biconvexa are intended to be retained within the existing road reserves or within future residential lots protected by title restrictions. There is likely to be an impact on these stands of Melaleuca biconvexa as a result of construction of the road access, sewage pump station and rising main and stormwater management facilities. However, the 2 patches are considered to be small and isolated and proposed management of impacts through detailed design are considered reasonable to manage impacts. The impacts are not considered sufficient to prevent the proposal from proceeding. Vegetation along the southern boundary is considered to provide a local wildlife connection between larger fragments to the east and west of the site. It is proposed to retain trees along the southern and western boundary. This requires an Arborist Report to assess the health of the trees to identify those suitable for retention or replacement during the development application process. A site specific draft DCP (Annexure 05 H) has been developed and requires the submission of an updated Ecological Assessment Report, is to be considered in the development of the Vegetation Management Plan, Bushfire Assessment Report, subsequent service plan and lot layout plan. Site access and servicing location are to be reviewed based on the retention of key vegetation, safe access and required bushfire protection measures. In addition the draft DCP requires the existing trees be protected by a restriction on the title of the land. Figure 3– Vegetation 8. Source: Peak Land Management 2010 Are there any other likely environmental effects as a result of the planning proposal and how are they proposed to be managed? The management of other potential environmental effects including bushfire, contamination and natural resource management have been dealt with in the assessment within Section B above. In addition to the considerations mentioned elsewhere in this report, it is noted that a Water Cycle Management Plan submitted in support of this proposal (Annexure 05 D) indicates that stormwater quality and quantity issues can be adequately addressed if future residential subdivision is to occur. 9. Has the planning proposal adequately addressed any social and economic impacts? Social Archaeology An Archaeology Due Diligence Assessment of the land concluded that there was unlikely to be any Aboriginal objects or artefacts on the land and further impact assessment was not required (Annexure 05 C). Services The rezoning of the land and subsequent residential development will create some additional demand for community, cultural and recreational services. The rezoning proposal will form an extension to the Berkeley Vale residential community. It falls within the Southern Lakes Section 94 Contribution Plan catchment. This Plan imposes a contribution rate for Open Space and Recreational Facilities Works, Community Facilities Works (and administration of the Plan). The development will generate an increase in the demand for these services and facilities and will be required to contribute under the Plan and meet its share of the cost of their provision. The Shire Wide Contributions Plan (library stock, performing arts centre, public art commissions, regional open space and shire cycleway network and administration costs) will apply to future development of the land. The development will generate an increase in the demand for these services and facilities and will be required to contribute under the Plan and meet its share of the cost of these services. Economic The Planning Proposal has been assessed in terms of Council’s Long Term Financial Strategy, Asset Management Strategy and operational budget. Financial impacts and appropriate management measures have been identified to ensure the development funds any specific infrastructure, facilities or services not funded through contributions plans. Assets to be acquired by Council as a result of the development are considered likely to be financially sustainable. Processing of the Planning Proposal is to be budget neutral. No broad economic effects of the Proposal have been identified. Section D – State and Commonwealth Interests 10. Is there adequate public infrastructure for the planning proposal? The Proposal is expected to create a marginal increase in demand for public schools, electricity supply, emergency services, health services, public administration, rail and main road transport and telecommunications services. A servicing plan based on an indicative subdivision layout has been provided and indicates that the site can be adequately serviced (Annexure 05 E). Sewer servicing will require the construction, dedication to Council and provision for funding for the ongoing upkeep of a sewer pump station. This process is set out in a Voluntary Planning Agreement being considered concurrently with this Planning Proposal. Note: the indicative subdivision layout mentioned within Annexure 05 has not been endorsed by Council. The final subdivision layout will require consideration of the site specific development control plan and other relevant plans and policies at Development Application stage. 11. What are the views of State and Commonwealth public authorities consulted in accordance with the gateway determination? In accordance with the Gateway Determination dated 11 January 2013 the following Public Authorities have been consulted prior to exhibition of this Planning Proposal. Agency NSW Rural Fire Service NSW Trade and Investment – Minerals and Petroleum Office of Environment & Heritage (Planning)* Comment Support Proposal Council Comment Relevant Section 117 Direction comments updated Support Proposal Support – subject to suitable protection of existing threatened species Table 5 – Proposed Agency Consultation List Relevant Section 117 Direction comments updated. To be further consulted during exhibition with additional information Part 4 Annexure 04 -A Mapping Map Title Locality Plan Existing Provision 04 B. Land Zoning Map (Extract of 8550_COM_LZN_ 010_020_20140204) 04 C. Lot Size Map (Extract of 8550_COM_LSZ_ 010_020_20140204) Proposed Provisions 04 D. Land Zoning Map (Extract of 8550_COM_LZN_ 010_020_20150316) 04 E. Lot Size Map (Extract of 8550_COM_LSZ_ 010_020_20150316) Table 6 – Existing and Proposed Provisions Part 5 Community Consultation The proposal will be made available for 28 days for community/agency consultation and undertaken in accordance with any determinations made by the Gateway. It is expected that the proposal will be made available at the following locations: - Wyong Shire Administration Building, 6 Hely Street, Wyong - Tuggerah Library and Information Centre, Gavenlock Road, Westfield; - Bateau Bay Library, Bay Village Road Bateau Bay and - Council’s website (On Exhibition page and Consultation Hub page) www.wyong.nsw.gov.au. Additionally, notification of the exhibition of the proposal has been provided to adjoining landholders prior to its commencement. A public hearing is considered unlikely to be necessary. Part 6 Project Timeline Action Start Date End Date Anticipated commencement date (date of Gateway Determination) 19/11/2013 4/07/2015 Anticipated timeframe for the completion of required information 19/11/2013 11/03/2015 Timeframe for government agency consultation (post exhibition as required by Gateway determination) 25/03/2015 15/04/2015 Commencement exhibition 25/03/2015 24/04/2015 Timeframe for consideration of submissions 24/04/2015 27/05/2015 Timeframe for consideration of a proposal post exhibition – (Council Report) 16/04/2015 27/05/2015 Date of submission to the Department to finalise LEP 28/05/2015 3/06/2015 Anticipated date RPA will make the plan (if delegated) 15/06/2015 19/06/2015 Anticipated date RPA will forward to the Department for notification 19/06/2015 3/07/2015 and Table 7 – Key Project Timeframes completion dates for public Supporting Documentation No. Document 01 Assessment and Endorsement A. Council Report and Minutes – WSC – 25/9/13 B. Gateway Determination – DP&E – 19/11/13 C. Gateway Compliance Checklist – WSC – 5/3/14 02 Land Use Provisions A. Land Use Tables – Wyong LEP 2013 03 Agency Responses A. Office of Environment and Heritage – 17/12/2013 B. NSW Rural Fire Service – 14/1/14 C. NSW Trade and Investment – Minerals and Petroleum – 19/12/13 04 Mapping A. Locality Plan Existing Provisions B. Land Zoning Map (Extract of 8550_COM_LZN_ 010_020_20140204) C. Lot Size Map (Extract of 8550_COM_LSZ_ 010_020_20140204) Proposed Provisions D. Land Zoning Map (Extract of 8550_COM_LZN_ 010_020_20150316) E. Lot Size Map (Extract of 8550_COM_LSZ_ 010_020_20150316) 05 Supporting Studies A. Traffic Impact Assessment B. Ecological Report C. Archaeology Due Diligence Report D. Water Cycle Management Plan No. Document E. Servicing Plan F. Bushfire Assessment G. Site Contamination Report H. Draft Development Control Plan I. Extract – WSC Settlement Strategy 2013 Table 8 – Supporting Documentation to the Planning Proposal
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