EAST SUBREGION DRAFT SUBREGIONAL STRATEGY · EAST SUBREGION DRAFT SUBREGIONAL STRATEGY The Sydney...

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EAST SUBREGION DRAFT SUBREGIONAL STRATEGY The Sydney metropolitan area has been divided into 11 subregions and a strategy has been prepared for each subregion. The subregional strategies translate the Metropolitan Strategy and provide a finer grained level of direction for each LGA. Waverley is located within the East Subregion along with Woollahra, Randwick and Botany Bay local government areas. The East Subregion Draft Subregional Strategy (ESRDSS) contains a number of key directions and key actions to ensure that planning at the local level will comply with government direction and ensure that the outcomes of the Metropolitan Strategy are achieved. The more specific and detailed actions identified in the ESRDSS that are relevant to Waverley are identified in the attached table along with responses demonstrating how Waverley Draft LEP 2011 complies. All actions have been complied with. A copy of the ESRDSS is included with the supporting information. Alternatively, a copy can be viewed on the Department of Planning and Infrastructure website http://www.planning.nsw.gov.au

Transcript of EAST SUBREGION DRAFT SUBREGIONAL STRATEGY · EAST SUBREGION DRAFT SUBREGIONAL STRATEGY The Sydney...

Page 1: EAST SUBREGION DRAFT SUBREGIONAL STRATEGY · EAST SUBREGION DRAFT SUBREGIONAL STRATEGY The Sydney metropolitan area has been divided into 11 subregions and a strategy has been prepared

EAST SUBREGION DRAFT SUBREGIONAL STRATEGY The Sydney metropolitan area has been divided into 11 subregions and a strategy has been prepared for each subregion. The subregional strategies translate the Metropolitan Strategy and provide a finer grained level of direction for each LGA. Waverley is located within the East Subregion along with Woollahra, Randwick and Botany Bay local government areas. The East Subregion Draft Subregional Strategy (ESRDSS) contains a number of key directions and key actions to ensure that planning at the local level will comply with government direction and ensure that the outcomes of the Metropolitan Strategy are achieved. The more specific and detailed actions identified in the ESRDSS that are relevant to Waverley are identified in the attached table along with responses demonstrating how Waverley Draft LEP 2011 complies. All actions have been complied with. A copy of the ESRDSS is included with the supporting information. Alternatively, a copy can be viewed on the Department of Planning and Infrastructure website http://www.planning.nsw.gov.au

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WAVERLEY DRAFT LEP 2011 EAST SUBREGION DRAFT SUBREGIONAL STRATEGY COMPLIANC E

RELEVANT KEY DIRECTIONS FOR

SYDNEY’S EAST RESPONSE

3 Achieve a balance of activities to promote

Bondi Junction as a major centre One of the key directions of the strategy is to strengthen the role of the Bondi Junction Centre as a key high order employment destination over the next 25 years, building on its public transport connections and capacity to support the commercial role of Sydney CBD. The LEP has been drafted to achieve this direction catering for a potential additional 9,551 jobs to 2031. The Commercial Core B3 zone has been expanded from what was originally proposed in Bondi Junction LEP 2007 in order to protect the core for commercial development. In addition higher FSRs will apply in both the B3 Commercial Core and B4 Mixed Use zones than was originally proposed. This is designed to encourage high quality office floor space and also allows some residential development (a potential 544 additional residential apartments) that will contribute to the vitality of the centre without eroding the commercial core. Council’s proposal for a town square is also supported by provisions which require the ground and first floor levels to be used for retail or commercial activities only. The combination of these controls aim to support a multi faceted centre catering for residents, shoppers, employees and visitors.

4 Support future role of retail centres One of the key directions of the strategy is to address potential impacts of emerging retail formats in out-of- centre or industrial areas in order to reinforce existing retail centres and protect employment Lands. Bondi Junction has a strong retail base particularly with the recent expansion of the Westfields Shopping Centre. The draft plan builds on this by introducing higher FSRs in both the B3 Commercial Core and B4 Mixed Use zones. This is designed to encourage high quality office floor space and also allows some residential development that will contribute to the vitality of the centre without eroding the

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commercial core. In the core of the centre provisions have also been introduced to ensure that retail activities occur at street level in order to maintain a strong retail focus that is conducive to shopping as described in 3 above. Bondi Beach is classified as a town centre under the East Subregion Draft Subregional Strategy and in addition to providing services to the local community, it’s also a major tourist attractor and recreational destination hosting a number of major events. In relation to the local suburban centres, Council commissioned a Local Villages Centres Study in 2006 in order to fully understand the role of each centre and make recommendations for future development. Where those recommendations related to statutory provisions such as increases to height and FSR, they were provisionally adopted by Council as policy. However they have now been included in the height and FSR maps giving them statutory weight upon gazettal of the LEP. It is pointed out that heights and FSR were not reduced in any of the centres.

5 Improve housing choice The subregional strategy encourages housing choice that will accommodate a diverse population and support its breadth of economic activities. The strategy acknowledges that Waverley has a high population density with around 7000 persons per km2 which is much higher than the Sydney average of 329 persons per km2. Future residential development in the Bondi Junction Centre will by its nature be in the form of residential towers, in most cases above non-residential podium. This form of housing contrasts with the traditional form of housing in the Waverley municipality being houses, semis, terraces and 2 & 3 storey flats and will provide another dimension to the choice of housing availability. The zonings in Bondi Junction cater for a potential additional 544 dwellings to 2031.

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Council’s residential forecast as depicted in the Department of Planning’s METRIX tool; proposed rezonings resulting from the 1998 Residential Zone Review; rezoning resulting from the Bondi Junction Planning Review and major development sites all of which are accommodated in the Zoning, Height and FSR maps of LEP 2011, indicate a total forecast of an additional 2,609 dwellings by 2031. The review of the 1998 Residential Zone Review has identified eight locations where it is proposed to increase the density of residential development. All eight areas are either on or in close proximity to bus routes encouraging greater use of public transport and include portions along Old South Head Rd between Dover Heights and Bondi Junction, Leichhardt St Bronte, Bronte Rd, Birrell St and Church St Waverley, Anglesea St and Wellington St Bondi and Curlewis and Roscoe St Bondi Beach. Together these sites produce 266 potential dwellings. The Bondi Junction Planning Review has identified a potential 544 additional dwellings. The six major development sites which have not been accounted for in the METRIX calculations have the capacity to produce an additional 232 dwellings. The draft plan has also introduced Affordable Housing Initiatives designed to expand its current affordable housing program to incorporate mixed use developments rather than just residential developments.

7 Protect and promote scenic quality and tourism Council has taken a number of steps to protect the scenic quality of the Local Government Area. Waverley heritage assessment has been completed and as an interim measure was adopted as a policy. Items and conservation areas identified in the policy were included in Waverley Draft LEP 33 which have now also been carried forward in Schedule 5 of the draft LEP 2011. A study of Aboriginal Heritage has also been completed which resulted in an additional 11 items being identified in the schedules of the LEP. The Local Villages Centres Study was conducted in 2006 along with a Public Domain Improvement Plan and a Technical Manual which focused on all of the suburban commercial centres. The aims are, among other things, to reinforce

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and support the different identities and character of the local village centres, maintain the small shop and small shopping centre character of the individual centres and improve streetscape, social character and livability of the centres. The statutory recommendations of the study relating to height of buildings and FSRs have been included in draft LEP 2011. In terms of tourism, it is acknowledged that the Bondi Basin and the coastline are the major tourist attractors. During the preparation of Draft LEP 2011 consideration was given to the NSW Coastal Policy, Coastal Design Guidelines 2003 and SEPP 71. In this regard, the draft LEP: - Retains all existing opportunities for public access to the foreshore including

access for people with a disability. - Has not altered the nature of the zonings or increased the development

potential of any property in the area to which SEPP 71 applies, - Has not created any development potential opportunities that would

interfere with coastal processes, impact on wildlife corridors, threatened species or fish habitats,

- Identified heritage items in Schedule 4 following the adoption of the Waverley heritage policy and Aboriginal Heritage Study,

- Has not introduced any flexible zone provisions.

RELEVANT ACTIONS

RESPONSE

Economy and Employment

A1.1.1 East Councils to prepare Principal LEPs which will provide sufficient zoned and serviced land to meet the employment capacity targets.

The draft LEP has not reduced any existing business zone in either area, capacity or function thus maintaining existing employment capacity in the local village centres. The draft plan acknowledges Bondi Junction as a Major Centre, takes advantage of the recently upgraded bus/rail infrastructure and provides for increased employment to meet the targets set by the subregional strategy. The

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Commercial Core B3 zone has been expanded from what was originally proposed in Bondi Junction LEP 2007 in order to protect use of the centre for commercial development. In addition higher FSRs were applied in both the B3 Commercial Core and B4 Mixed Use zones than was originally proposed. This was designed to encourage high quality office floor space while also allowing some residential development that will contribute to the vitality of the centre without eroding the commercial core. Most of the other commercial centres remain essentially the same with some receiving minor increases in FSR and height as a result of the Local Villages Study. The potential employment capacity of Bondi Junction being 9,551 meets the employment target of 4,400 additional jobs set by the strategy.

A1.1.2 The Department of Planning to provide councils with LGA Employment Capacity Targets.

An overall target for the whole of Waverley of 2,200 additional jobs by 2031 has been set and has been achieved by the draft plan. This includes a target of an additional 4,400 jobs for the Bondi Junction Centre. See A1.1.1 above for further details.

A2.2.3 Tourism NSW and local councils to continue to promote key tourist and visitor destinations in the East Subregion and identify visitor accommodation and facility demands.

It is acknowledged that the Bondi Basin and the coastline are the major tourist attractors in the local government area. During the preparation of Draft LEP 2011 consideration was given to the NSW Coastal Policy, Coastal Design Guidelines 2003 and SEPP 71. In this regard, the draft LEP: - Retains all existing opportunities for public access to the foreshore including

access for people with a disability. - Has not altered the nature of the zonings or increased the development

potential of any property in the area to which SEPP 71 applies, - Has not created any development potential opportunities that would

interfere with coastal processes, impact on wildlife corridors, threatened species or fish habitats,

- Identified heritage items in Schedule 4 following the adoption of the

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Waverley heritage policy and Aboriginal Heritage Study, - Has not introduced any flexible zone provisions.

According to the Australian Bureau of Statistics, as of June 1996 (New South Wales Regional Statistics 1997 - Cat. No. 1304. 1) the Waverley Local Government area had 7 tourist establishments with facilities (hotels, motels etc.).

Their capacity was as follows:

Guest rooms 438

Bed spaces 1055

Room occupancy rate 78.0%

Bed occupancy rate 56.9%

Takings from accommodation $118,190

Note that 2009 data from the ABS showed that there are still 7 tourist establishments in the LGA however a breakdown of bed spaces, occupancy rates etc were not available.

Bondi Beach is arguably the area's most visited tourist attraction. It is considered an 'icon' by Tourism NSW and is heavily promoted as a destination for tourists. It has been estimated that between 430,000 and 645,000 international travelers visit Bondi each year and that the number of domestic tourists to the area could be as high as 1.5 million annually. (Waverley Council, Bondi Beach Campbell Parade Upgrade, May 1996. p. 86)

It is also pointed out that in 2002 Waverley Council adopted the Waverley Tourism and Management Strategy. The strategy was based on a broad consultative process and contains a number of actions to address the issues raised during the consultation phase.

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A2.3.1 The Department of State and Regional Development will continue to undertake programs that encourage clustering of business activities around Magnet Infrastructure.

Bondi Junction has the capacity of 9,551 additional jobs allowing significant opportunity for clustering of business activity around the Bondi Junction Bus Rail Interchange. The Commercial Core Zone located around the interchange prevents the potential floorspace from being lost to non commercial activities. See also response to item A1.1.2 above.

A3.3.1 Local government to investigate ways to ensure sufficient zoned land to enable the provision of comparatively low cost premises for start-up businesses.

In Bondi Junction, several locations on the periphery of the centre such as properties fronting Bronte Rd, the western end of Oxford St and Ebley St have FSRs ranging from 1:5:1 to 2:1 and heights of 9.5m to 15m. This will have the benefit of providing opportunities of lower cost rental business premises on the fringe of the main commercial centre suitable for start up businesses. Opportunities have also been introduced by allowing certain additional uses in two residential streets namely Denison St and Ebley St for health consulting rooms and office premises. In addition, the Waverley LGA contains a number of smaller Local and Neighbourhood centres throughout the Municipality which act as providers of local services to local communities. As rents in these centres are comparatively cheaper than those in Bondi Junction, these centres also provide opportunities for start-up businesses.

Centres and Corridors

B1.1.1 State agencies and councils to incorporate the established centre typology into their land use and infrastructure planning and Councils Principal LEPs.

The Centre typology has been incorporated into the draft LEP. The zoning and classification of all the commercial centres were reconsidered bearing in mind the permissible uses in each zone, the intensity of development allowable in each zone (height & FSR) and the classification of each centre under the East Subregion Draft Subregional Strategy. This process resulted in the suggested reclassification of Hall St Bondi Beach from Neighbourhood Centre to Town Centre consistent with Campbell Pde and the rezoning of a number of centres. A number of centres also experienced an increase in height and/or FSR as recommended by the Local Villages Study adopted by Council in 2006. Attachment “L” summarises the classification, zoning, height & FSR of all commercial centres the proposed changes.

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B1.2.1 Councils to implement the Strategic Centre employment capacity targets and plan for sufficient commercial, retail, industrial and business park floor space within their Principal LEPs.

Council acknowledges Bondi Junction as a strategic Major Centre and has drafted the plan to take advantage of the recently upgraded bus/rail infrastructure and provides for increased employment and residential targets set by the subregional strategy. As stated above, Bondi Junction currently has 9,800 jobs and a target of an additional 4,400 jobs to be created between 2001 and 2031 with an additional 60,000 m2 of retail floorspace and 60,000 m2 of office floorspace. The Bondi Junction centre plan has a life expectancy of approximately 10 years and can achieve a potential additional 201,432 m2 of commercial floorspace. This equates to a potential additional 9,551 jobs. Provisions have also been introduced into the instrument to protect these employment zones from other forms of development particularly residential development as noted above.

B2.1.1 East councils to investigate appropriate locations for residential development within centres for their Principal LEPs.

Residential development is permissible in all commercial zones other than the B3 Commercial Core Zone in Bondi Junction. Bondi Junction is seen as the most appropriate location for major increases in residential development due to the significant employment and transport opportunities offered in the centre. A Mixed Use Zone has been introduced in Bondi Junction specifically to encourage a mix of activities and produce a vibrant centre during both day and evening hours. Forecasts for residential development in Bondi Junction indicate a potential for an additional 544 dwellings.

B3.4.1 Waverley Council to implement a structure plan to achieve a mix of activities within Bondi Junction, including retention of a designated commercial core area surrounding the Transport Interchange.

The Bondi Junction Planning Review produced a strategic approach to the planning of the centre and culminated in the production of Waverley LEP (Bondi Junction Centre) 2010. Production of the LEP was preceded by the preparation of: - An Urban Profile, which was structured around themes including the future

role of BJ, land use, heritage, access, built form, public domain and sustainable development;

- Structure Plan, which highlighted critical planning and design consideration within the metropolitan and commercial context; and

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- Community Consultation with the broader community and targeted stakeholders.

This was later supplemented by the Peer Review which focused on the proposed town square and immediately surrounding properties. The outcome of this process has been subsumed into draft LEP 2011 and resulted in a centre with a commercial core adjacent to the Bus Rail Interchange, strong retail and mixed use activity around the mall and town square surrounded by medium density residential development to support the commercial activity and make better use of the transport facility.

B4.1.2 Councils to investigate appropriate locations for retail uses in centres, business development zones and enterprise corridors.

In Bondi Junction, the plan provides for restrictions to residential development in order to encourage commercial activities. Clause 6.4 specifies that ground floor development within the B3 Commercial Core zone and B4 Mixed Use zone in Bondi Junction must have an active street frontage and activity is limited to the uses defined as Business Premises or Retail Premises. See also A1.1.1, A3.3.1, B2.1.1 and B3.4.1 above

Housing

C1.3.1 East councils to plan for sufficient zoned land to accommodate their local government area housing targets through their Principal LEPs.

The residential dwelling target for Waverley as required in the East Subregional Draft Subregional Strategy is an additional 2,200 dwellings by the year 2031. Council’s residential forecast as depicted in the Department of Planning’s METRIX tool; proposed rezonings resulting from the 1998 Residential Zone Review; and major development sites all of which are accommodated in the Zoning, Height and FSR maps of LEP 2010, indicate a total forecast of an additional 2,609 dwellings by 2031 (see attachment “I”). The review of the 1998 Residential Zone Review has identified eight locations where it is proposed to increase the density of residential development. All eight areas are either on or in close proximity to bus routes encouraging greater

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use of public transport and include portions along Old South Head Rd between Dover Heights and Bondi Junction, Leichhardt St Bronte, Bronte Rd, Birrell St and Church St Waverley, Anglesea St and Wellington St Bondi and Curlewis and Roscoe St Bondi Beach. Together these sites produce 266 potential dwellings. The six major development sites which have not been accounted for in the METRIX calculations have the capacity to produce an additional 232 dwellings.

C2.1.1 East councils to ensure the location of new dwellings maintain the subregion’s performance against the target for the State Plan Priority E5.

Waverley has a high population density as quoted by the draft subregional strategy with around 7000 persons per km2 which is much higher than the Sydney average of 329 persons per km2. Opportunities for future significant residential development therefore rest with development in the Bondi Junction Centre. The focus of Priority E5 of the State Plan is the creation of jobs closer to homes and the target that has been set is to increase the percentage of the population living within 30 minutes by public transport of a city or major centre in Greater Metropolitan Sydney. The State Plan identifies that 90% of the population in the East Subregion already meets this target. The implication of Priority E5 is therefore to continue to focus employment and residential growth around transport nodes. The Bondi Junction Centre essentially satisfies this criteria making provision for 544 additional dwellings and 9,551 jobs. The recent review of the 1989 Residential Zone Review has identified eight locations where it is proposed to increase the density of residential development. All eight areas are either on or in close proximity to bus routes encouraging greater use of public transport and include portions along Old South Head Rd between Dover Heights and Bondi Junction, Leichhardt St Bronte, Bronte Rd, Birrell St and Church St Waverley, Anglesea St and Wellington St Bondi and Curlewis and Roscoe St Bondi Beach. Together these sites produce 266 potential dwellings. Six major development sites have also

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been identified which have the capacity to produce an additional 232 dwellings. The sites are located in Bondi Junction and Bondi Beach and also have good access to public transport.

C2.1.2 Councils to provide in their LEPs zoned capacity for a significant majority of new dwellings to be located in strategic and local centres.

See response to B2.1.1 and C2.1.1 above.

C2.3.2 East Councils to provide for an appropriate range of residential zonings to cater for changing housing needs.

The R2 Low Density, R3 Medium Density and R4 High Density zones have been applied to residential land in Waverley. Development potential in those zones ranges from FSRs of 0.6:1 to 2:1 and heights from 8.5m to 28m. In addition, residential development is permissible in all business zones throughout Waverley as mixed use developments other than the B3 Commercial Core zone in Bondi Junction. Development potential in those zones ranges from FSRs of 1:1 to 6:1 and heights from 9m to 60m. In terms of residential types, Dwelling Houses, Seniors Housing, Hostels, Boarding Houses, Dual Occupancies, Group Homes, Bed and Breakfast Accommodation are permissible in all residential zones. Residential Flat Buildings, Attached Dwellings and Multi Dwelling Housing is permissible in the R3 Medium Density zone and B4 High Density zone. The above provisions allow a full range of residential development types in various situations in order to allow for the changing needs of the community and their desired residential accommodation. In additional to the strictly residential zones, the B4 Mixed Use zone in Bondi Junction and Bondi Beach will allow a denser more urban residential form with higher FSRs as quoted above.

C4.1 Improve the Affordability of Housing Council’s affordable housing policy provides a mechanism for the provision of affordable housing within the municipality. This policy operates in conjunction with the SEPP (Affordable Rental Housing) 2009 which also minimises the loss

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of residential rental accommodation that is affordable for people on low incomes. For many years Waverley Council has been a leader in the provision of affordable housing for the community. Clause 4.4A imbeds in the LEP an enabling clause to continue the encouragement of affordable housing in future developments. The affordable housing clause provides opportunities for developers to seek a maximum of 15% floor space ratio bonus in addition to the permissible floor space ratio to development of residential flat buildings and mixed use development containing shop top housing. The 15% additional floor space bonus is a reflection of existing affordable housing contributions generated under the Waverley Affordable Housing Program and floor space bonuses granted in these instances. An applicant may wish to access the additional floor space if the development provides at least 50% of the additional floor space component as affordable rental housing for a period of three years (refer to attachment 1 for the draft clause). The development application must also be acceptable in terms of environmental impacts.

C4.2.1 Prior to the preparation of LEPs, local councils will consult with the Department of Housing regarding the redevelopment and renewal of Department of Housing assets.

A meeting was held with the Department of Housing representatives on 2/07/08. The dept. advised as follows: - that it was unlikely that they would increase housing stock in the Waverley

area however they would look at changing the make up of the existing stock reducing the number of 3&4 bedroom dwellings and increasing 1&2 bedroom dwellings.

- The Department pointed out that Waverley is loosing rental stock and suggested that Council consider encouraging boarding houses through the LEP. This could be done through greater permissibility and incentive provisions and modelled on the Queensland and Victorian experience.

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There is an even spread of properties throughout the southern portion of the Waverley LGA. The clear majority of properties (45) are zoned Medium Density Residential R3 with an FSR of either 0.6:1 or 0.9:1. 18 Properties are zoned Low Density Residential R2. One property is located in the Charing Cross commercial centre and zoned Mixed Business B4 and one property is reserved for Open Space purposes with Council as the acquisition authority. Allowing boarding houses of the size suggested by the Dept of Housing in the Low Density Residential R2 zone would not be appropriate due to the scale and character of development currently existing in that zone. The objectives of that zone are to provide housing in a low density environment and to maintain and improve the amenity of existing characteristics of localities predominantly characterised by dwelling houses. However, Council is committed to providing for the housing needs of people who are disadvantaged and acknowledges the State Governments initiative in SEPP (Affordable Rental Housing) 2009 which provides incentives for the development of boarding houses in the Medium Density Residential R3 and R4 zones.

C4.3 Use planning mechanisms to provide affordable housing.

See response to C4.1 above

Transport

D3.1.1 The Roads and Traffic Authority and Local Government to continue to upgrade walking and cycling facilities to improve everyday access within neighbourhoods, including cycleway development in Randwick and pedestrian facilities in Bondi and Double Bay.

Council has a network of cycle and pedestrian paths throughout the municipality and is currently building the portion of the regional bike route from Bondi Junction to Bondi Beach. This will link with cycle paths in Woollahra Council as part of the Sydney Regional Bike Network. Council has also been involved in developing and promoting Green Links to help promote walking in the area. Green Links 1 and 2 were officially opened in July 2008. Green Links 1 connects Centennial Park, Bondi Junction and Bondi Beach, and Green Links 2 connects Bondi Junction and Queens Park. Another three links are planned and they will link Bondi Junction with Tamarama and

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Bronte Park; Queens Park to Tamarama; and Tamarama Park to Bronte Park.

D3.1.2 State and local government to align local walking and cycling networks with public transport routes to improve accessibility to public transport.

Council recently completed the Bondi Junction Traffic and Transport Study which identified traffic and pedestrian conflict issues and made recommendations to improve pedestrian movements throughout the centre. Council is also currently developing the Bondi Junction Pedestrian Access and Mobility Plan focusing specifically on mobility issues within Bondi Junction and its surrounds. See also response to D3.1.1 above in relation to the Green Links program.

Environment, Heritage and Resources

E2.1.4 Councils to seek advice from the Department of Primary Industries on the use of waterway zonings of the Standard LEP Instrument

Department of Primary Industries made a submission in response to Council’s Sec 62 consultation. No comment was made in relation to Waterway zones. The Waverley LGA does not contain any rivers or estuaries where waterway zonings would be applicable and the coastal areas are subject to the NSW Coastal Policy, Coastal Design Guidelines 2003 and SEPP 71. See also comments in response to item E2.1.5 below.

E2.1.5 East councils should continue to promote water-sensitive urban design.

Part B5 of DCP 2011 contains planning controls relating to the management of all aspects of the water cycle in relation to development. The controls promote the need for long-term sustainable social, ecological and economic outcomes. Specifically they relate to management of stormwater, roofwater, greywater, blackwater and groundwater.

E2.1.9 Randwick, Waverley and Woollahra councils to prepare Principal LEPs which have regard to SEPP 71 – Coastal Protection.

During the preparation of Draft LEP 2011 consideration was given to the NSW Coastal Policy, Coastal Design Guidelines 2003 and SEPP 71. In this regard, the draft LEP: - Retains all existing opportunities for public access to the foreshore including

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access for people with a disability. - Has not altered the nature of the zonings or increased the development

potential of any property in the area to which SEPP 71 applies, - Has not created any development potential opportunities that would

interfere with coastal processes, impact on wildlife corridors, threatened species or fish habitats,

- Identified heritage items in Schedule 5 following the adoption of the Waverley heritage policy and Aboriginal Heritage Study,

- Has not introduced any flexible zone provisions.

E2.2.1 State Government and councils to consider regional biodiversity matters to inform Principal LEPs.

The aims of the draft LEP as specified in Clause 1.2 (f) requires the enhancement and preservation of natural environments through appropriate planning, protecting the integrity of natural systems and by protecting existing trees.

Clause 5.5 of the draft LEP “Development in the Coastal Zone” ensures the draft is consistent with State Environmental Planning Policy 71 in requiring all development to consider potential impacts on the Coastal Zone as defined through SEPP 71.

Clause 6.6 aims to protect native flora and fauna, protect the ecological processes necessary for their continued existence and encourage the conservation and recovery of native flora and fauna and their habitats. The clause applies to land identified on the Biodiversity Map. Before approving a development application on an identified site, Council must consider any adverse impacts and be satisfied that the impacts can be avoided, minimised or mitigated.

In addition, in 2010, Council adopted the Waverley Environmental Action Plan (EAP) a 10 year fully costed environmental action plan that establishes ambitious environmental targets in the areas of water, waste, biodiversity, greenhouse and sustainability education and engagement. The EAP was

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completed as part of a Council wide Integrated Planning Program designed to develop Council’s next Strategic Plan, Waverley Together 2 (WT2). The EAP is designed as a supporting document to WT2 and is therefore directed by Council’s broader strategic vision. Other WT2 supporting plans are: ■ Strategic Asset Management Plan 3 (SAMP3) ■ Long Term Financial Plan 2 (LTFP2) ■ The Workforce Plan (WP1). The EAP is therefore guided by the broad strategic vision in our Strategic Plan and gives direction to the annual Delivery Program and Annual Budget. Draft LEP 2011 is consistent with the EAP. Our strategic targets are: Greenhouse Gas Emissions: ■ 30% reduction of Greenhouse Gas Emissions by 2020 based on 2003/04 levels. ■ 70% reduction of Greenhouse Gas Emissions by 2050 based on 2003/04 levels. ■ 30% reduction in Council greenhouse gas emissions by 2020 based on 2003/04 levels. ■ 30% of electricity used in the LGA is to come from renewable sources by 2020 ■ Average kilometres travelled by Waverley residents per day by private car declines by 15% by 2020 based on kilometres travelled in 2006 ■ 40% of the total daily distance travelled by residents is by public transport, walking or cycling. Water : ■ Zero increase in the LGA’s mains water consumption by 2020 based on 2005 / 2006 levels ■ 50% reduction in Council’s mains water consumption by 2020 based on 2005

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/ 2006 levels ■ Greater than 345 clean beach days per annum (>95% ) based on DECCW Beachwatch Water Quality Results. ■ No more than 10% mains water consumption by Council for non-potable uses by 2050. Waste: ■ No net increase in overall waste generation by 2020 based on 2003/2004 levels ■ Divert 75% of the LGA’s domestic and commercial waste from landfill by 2020 based on 2003/2004 levels. Biodiversity: ■ Increase the connectivity of wildlife habitat corridors by 2020 based on 2009/2010 levels, measured as square metres of coverage ■ No localised flora and fauna extinctions based on 2009/2010 levels ■ No localised extinction of marine intertidal species based on 1999 levels ■ Continually improve the quality and ensure no loss of native vegetation based on 2009/2010 levels

■ Reduce pests and weeds by 2020 based on 2009/2010 levels.

E2.2.2 Councils to seek advice from the Department

of Environment and Climate Change on relevant existing information and mapping relating to biodiversity.

Submission received from the DECC following the Section 62 Consultation. Responses to the various issues raised by DECC are set out in the Section 54 & 62 Responses.

E2.4.1 When preparing Principal LEPs councils should consider a review and assessment of Aboriginal cultural heritage values.

In 2008 Council engaged consultants to conduct a study of Aboriginal Heritage. The study made a number of recommendations relating to the promotion and celebration of Aboriginal cultural values and identified a number of sites to be given statutory protection. In accordance with the recommendations, 11 additional sites have been listed in Schedule 5 of the LEP.

E2.5.2 In preparing Principal LEPs councils should identify and consider major noise sources.

Major noise sources have been identified as main roads. Council’s has sufficient design controls to ensure that future development, particularly residential development is not adversely affected by the noise.

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E5.3.1 Councils are to plan for land affected by flooding in accordance with the Government’s Flood Prone Land Policy and Floodplain Development Manual.

In preparing the LEP and DCP, the NSW Flood Prone Land Policy and Floodplain Development Manual 2005 were taken into consideration along with Council’s own Water Management Technical Guidelines dated December 2007. Council has conducted a number of flooding studies throughout the municipality and has identified a number of areas that may be subject to stormwater ponding. Development in these areas is subject to minimum habitable floor levels of 300mm above the predicted design flood level for a 1 in100 year storm event. This is consistent with the requirements of the Floodplain Development Manual. This requirement is also reflected in the Waverley Development Control Plan 2011. The Draft LEP 2010 does not rezone land within the flood planning areas. A local provision, clause6.3 has also been introduced that requires Council to consider a number of factors when assessing a development application for development in these areas. These factors relate to the compatibility of the development with the flood hazard, the management of risk and protection of life, property and the environment.

E5.3.2 Councils are to be guided by the NSW Coastal Policy and NSW Government Estuary and Coastline Management Manuals when planning for coastal areas.

See response to item E2.1.9 above.

E6.1.2 Where existing heritage studies are out of date or inadequate, Councils will review and or update them as part of preparing their Principal LEPs.

Waverley heritage assessment has been completed and as an interim measure has been adopted as a Council policy. Items and conservation areas identified in the policy have been included in Schedule 5 of the LEP. A study of Aboriginal Heritage has also been completed, the results of which have also been included in the schedule of the LEP. See also response to E2.4.1 above.

E6.2.1 The Department of Planning in consultation with local councils will develop an approach to manage conservation areas while achieving

In many instances where a property is noted as a heritage item or located in a heritage conservation area, the zoning reflects the density of the existing development (i.e. properties that are developed for flats, terraces or substantial

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growth targets.

Victorian villas are zoned R3 Medium Density Development). As such, the impact of the heritage condition on the redevelopment potential of the properties zoned R3 or R4 is considered to be minimal. A review of such sites indicated an absolute development potential of an additional 315 dwellings (i.e. if every dwelling house that had the potential of being redeveloped, was redeveloped). 100% redevelopment of these properties is unlikely to ever be achieved, Taking an arbitrary figure of 50% would result in a potential loss of development potential of 158 dwellings. Subtracting this figure from Councils housing forecast of 2,609 dwelling results in 2,451 dwellings which is still greater than Council’s target of 2,200 dwellings by 2031. From this it can be concluded that the heritage condition will not preclude Council from achieving its housing target set by the East Subregion Draft Subregional Strategy.

E6.3.3 Local Plans will integrate heritage initiatives and programs and identify opportunities to interpret and celebrate local heritage places.

In order to promote heritage conservation, Council employs a Heritage Advisor to provide free advice to the public. Council has also established the annual Civic Pride Awards for Heritage and Design to both encourage and reward high quality architecture and development that promotes the conservation of buildings of heritage significance.

Parks, Public Places and Culture

F2.1.1 Councils should continue to maintain or enhance the provision of local open space particularly in centres and along transport corridors where urban and particularly residential growth is being located.

Draft LEP 2011 does not reduce any Open Space zones or reservations from those existing in current EPIs. The plan maintains a number of reservations, both Local and Regional including: Rear of Kimberley St Vaucluse – local Rear of 2-8 Ray St Vaucluse – regional 1-5 Bondi Rd Bondi Junction – local 2 Waverley Cr Bondi Junction – local

F2.3.1 In planning for future growth of centres local councils to consider the need for civic space. Councils should identify opportunities to

In 2008, Council engaged Chris Johnson and the Cities & Centres Division of the Department of Planning to review the “deferred area” in the Bondi Junction Planning Review. The outcomes of the review which have been incorporated

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enhance existing and provide new civic space.

into Waverley LEP (Bondi Junction Centre) 2010 and subsumed into 2011, provide for, among other things, the provision of a Town Square in Bondi Junction and the stepping back of building heights to ensure sun access to the Mall and Town Square throughout the year.

F4.2.1 In planning for Bondi Junction, Bondi Beach, Coogee and other locations, council should recognise and enhance the existing nightlife and entertainment clusters.

See response to item F2.3.1. In addition, food and drinks premises are permissible in these locations and uses previously known as nightclubs and places of public entertainment were always permissible and will continue to be permissible in Bondi Junction and Bondi Beach.

F4.1.3 State Government and local councils to investigate opportunities for provision of low-cost artist studios and business space for new and emerging creative industries to assist in regeneration of centres.

The Waverley LGA contains a number of smaller Local and Neighbourhood centres throughout the Municipality which act as providers of local services to local communities. In addition, as rentals are comparatively cheaper than those in Bondi Junction, these centres also provide opportunities for low cost artist studios and business space for new and emerging creative industries.