PLANNING PROPOSAL REQUEST - Wollondilly Shire · 2020-06-17 · Post: PO Box 774, Camden NSW 2570...

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Post: PO Box 774, Camden NSW 2570 • Ph: 02 4658 1141 • Fax: 02 4658 1977 • Mob: 0431 519 128 Email: graham@pascoeplanning.com.au • Web: www.pascoeplanning.com.au Prepared For: Prepared By: The Oaks Boutique Living PLANNING PROPOSAL REQUEST No’s. 730, 740 & 760 Montpelier Drive, The Oaks (Wollondilly Shire) November 2015

Transcript of PLANNING PROPOSAL REQUEST - Wollondilly Shire · 2020-06-17 · Post: PO Box 774, Camden NSW 2570...

Page 1: PLANNING PROPOSAL REQUEST - Wollondilly Shire · 2020-06-17 · Post: PO Box 774, Camden NSW 2570 • Ph: 02 4658 1141 • Fax: 02 4658 1977 • Mob: 0431 519 128 Email: graham@pascoeplanning.com.au

Post: PO Box 774, Camden NSW 2570 • Ph: 02 4658 1141 • Fax: 02 4658 1977 • Mob: 0431 519 128

Email: [email protected] • Web: www.pascoeplanning.com.au

Prepared For:

Prepared By:

The Oaks Boutique Living

PLANNING PROPOSAL REQUEST

No’s. 730, 740 & 760 Montpelier Drive, The Oaks

(Wollondilly Shire)

November 2015

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This Report has been prepared exclusively for The Oaks Boutique Living for submission to Council as an initial

report in the land rezoning process. It is not to be relied upon by any other person/party.

The information contained in this Report has been compiled largely from secondary information sources and does

not purport to be exhaustive. More specialised investigations will likely refine the nature of environmental impacts

and infrastructure availability and hence development potential.

PPS gives no warranty that these information sources are current and accepts no responsibility for any errors or

damage or loss, however caused, suffered by any individual or corporation.

Project Author: Graham G. Pascoe J.P. (Certified Practising Planner)

B.Ec (Hons), M. Litt, Grad. Dip. Urb. Reg. Plan, Grad, Dip. Local Govt. Mgt,

Assoc. Dip. Bus., (Valuation), Ad. Cert. Prop. Agency; Grad. Dip. Ed. Stud.

MPIA, FIAG

Report Compilation Date: November 2015

Contact: PO Box 774, Camden NSW 2570

[email protected]

0431 519 128

Copyright © 2015 by Pascoe Planning Solutions Pty Ltd (PPS)

No part of this report may be reproduced, transmitted, stored in a retrieval system or adapted in any form or by any

means (electronic, mechanical, photocopying, recording or otherwise), without written permission from PPS.

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Contents

1 INTRODUCTION ......................................................................................................................................... 4

1.1 BACKGROUND ............................................................................................... 4

1.2 SCOPE OF REPORT ....................................................................................... 4

1.3 REPORT STRUCTURE .................................................................................... 4

2 THE SUBJECT LAND/SITE ......................................................................................................................... 4

2.1 LAND DESCRIPTION ....................................................................................... 4

2.2 CONTEXT ..................................................................................................... 9

2.3 TOPOGRAPHY/DRAINAGE REGIME ................................................................. 12

2.4 GEOLOGY/SOILS/STABILITY ......................................................................... 17

2.5 ECOLOGY ................................................................................................... 17

2.6 HERITAGE ................................................................................................... 20

2.7 BUSHFIRE HAZARD ...................................................................................... 20

3 INTENT AND PROVISIONS ......................................................................................................................... 22

3.1 OBJECTIVES OR INTENDED OUTCOMES (PART 1) ........................................... 22

4 EXPLANATION OF PROVISIONS (PART 2) .................................................................................................. 22

5 JUSTIFICATION ....................................................................................................................................... 23

5.1 JUSTIFICATION OVERVIEW (PART 3) .............................................................. 23

5.2 NEED FOR THE PLANNING PROPOSAL (SECTION A) ........................................ 27

5.3 RELATIONSHIP TO STRATEGIC PLANNING FRAMEWORK (SECTION B) ............... 28

5.4 ENVIRONMENTAL, SOCIAL AND ECONOMIC IMPACT ......................................... 33

5.5 STATE AND COMMONWEALTH INTERESTS ...................................................... 34

6 MAPPING (PART 4) ................................................................................................................................. 35

7 COMMUNITY CONSULTATION (PART 5) ..................................................................................................... 39

8 PROJECT TIMELINE (PART 6) .................................................................................................................. 39

9 CONCLUSION ......................................................................................................................................... 40

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Annexures A: Subject Land Holding

B: Key Directions Wollondilly Shire Growth Management Strategy (GMS) (Assessment Criteria)

C: The Oaks - Structure Plan

D: Planning Certificate Pursuant to Section 149 EP&A Act

E: Compliance with of State Environmental Planning Policies

F: Compliance with Section 117 Directions (EP&A Act)

G: Sustainability Criteria for New Land Releases (Metropolitan Strategy 2005 - Overview)

H: Concept Plan

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1 Introduction

1.1 BACKGROUND

This Planning Proposal Request (PPR) represents the formative phase in the development of a Planning Proposal

(PP) geared toward the rezoning of the land known as No’s. 730, 740 & 760 Montpelier Drive, The Oaks, for urban

and riparian management purposes. The rezoning is to be effected through the preparation of a relevant Local

Environmental Plan (LEP) amendment, it being proposed to amend Wollondilly LEP 2011.

1.2 SCOPE OF REPORT

This Report has been prepared in accordance with the former NSW Department of Planning’s (DoP) documents A

Guide to Preparing Local Environmental Plans and A Guide to Preparing Planning Proposals. The latter document

requires the Planning Proposal to be provided in six (6) parts, being:

Part 1 – A statement of the objectives or intended outcomes of the proposed LEP;

Part 2 – An explanation of the provisions that are to be included in the proposed LEP;

Part 3 – The justification for those objectives, outcomes and provisions and the process for their

implementation;

Part 4 – Relevant support mapping;

Part 5 - Details of the community consultation that is to be undertaken in respect of the Planning Proposal

(DoP 2009b); and

Part 6 - Projected project timeline.

1.3 REPORT STRUCTURE

This PPR, in providing an outline PP, is structured in the following manner:

Section 2 provides an overview of the site the subject of this PPR and the development intent.

Section 3 contains a statement of the objective and intended outcomes of the proposed LEP amendment

(i.e. Part 1), together with an explanation of the proposed amended LEP provisions (i.e. Part 2).

Section 4 provides an explanation of the provisions of the proposed LEP amendment (i.e. Part 2).

Section 5 provides justification for the objectives, outcomes and provisions of the proposed LEP

amendment (i.e. Part 3).

Section 6 contains the proposed mapping amendments (i.e. Part 4)

Section 7 provides details of the community consultation that would be undertaken in respect of the PP as it

is advanced (i.e. Part 5).

Section 8 details a projected project timeline (i.e. Part 6).

Section 9 provides a conclusion.

2 The Subject Land/Site

2.1 LAND DESCRIPTION

The site comprises Lot 590 DP 1132419, Lot 1 DP 653294 and Lot 2 DP 820370 (No’s. 730, 740 & 760) Montpelier

Drive, The Oaks in the Wollondilly Shire Local Government Area. Such land holding is some 43.77 hectares in size

and is generally regular in shape, and is depicted in Figure 1 over and Annexure “A”.

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Figure 1: Subject land holding

The principal qualities of the holding are further depicted in the portfolio of photographs comprising Figure 2 over

and immediately following.

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Looking toward east from property entrance, with water bodies in middle distance

Middle of property looking east with main dwelling and related improvements in middle distance

Looking “upstream” from dam wall of main water body

Figure 2: Subject land holding

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Southerly water body with fringing riparian vegetation looking north-west

Looking easterly at land upslope of southerly water body

Looking south across two water bodies Figure 2 (continued): Subject land holding

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Looking upslope in an easterly direction from east of main water body

Vegetation between Montpelier Drive and northern water body

Looking toward property entrance from west of northerly water body

Figure 2 (continued): Subject land holding

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2.2 CONTEXT

The subject land is proximate to recent residential subdivisional activity on the southern boundary of The Oaks

Village and is contiguous with the recently rezoned extension to The Oaks Village. The land and its immediate

context is depicted in the Plan produced below (Figure 3) and the portfolio of photographs forming Figure 4.

Figure 3: Subject land in the context of The Oaks Village and nearby lands

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Looking west from eastern property boundary, with Montpelier Drive in middle distance

Looking south-west to adjoining rural residential development

Adjoining rural residential development to immediate south-west Figure 4: Immediate locality

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Land to the immediate north

Land to immediate north depicting downslope riparian area

Figure 4 (continued): Immediate locality

Looking along Montpelier Drive toward the north with new subdivision on right in middle distance and recently

rezoned residential land in foreground/middle distance on right Figure 4 (continued): Immediate locality

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2.3 TOPOGRAPHY/DRAINAGE REGIME

The site generally slopes gently from the eastern boundary to the western boundary (the Montpelier Drive frontage)

with some minor undulations (cross fall) reflected in the dominant fall of the land.

A significant riparian zone, dominated by substantial stored water bodies, is aligned in a general north-south

direction and characterises the front of the property. These structures/storages control stormwater flows exiting the

subject property.

The spillway from the northernmost dam wall discharges into the riparian area on the downslope property.

This significant drainage regime, and in particular body of stored water, is depicted on the topographic map

(1:25,000 series) extract (Figure 5 below) and reflected in the contour plan of the subject property (Figure 6 over)

and portfolio of photographs forming Figure 7.

Figure 5: Topographic Map Extract (1:25,000 series)

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Figure 6: Contour Plan of the subject land (refer over also)

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Figure 6 (continued): Contour Plan of the subject land

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General fall of land from eastern boundary

Fall from eastern boundary toward major water body in middle distance

Fall from eastern boundary with small dam and major water body in middle distance Figure 7: Principal features of drainage regime

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Major water body with fringing riparian vegetation

Two major water bodies and immediate catchment

Looking upstream from dam wall on northern major water body

Figure 7 (continued): Principal features of drainage regime

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2.4 GEOLOGY/SOILS/STABILITY

The land holding comprises principally Bringelly Shale, with the frontage comprising Ashfield Shale.

The Ashfield shales of the Winamatta Group typically comprise laminate and dark grey siltstone. They generally

correspond with the change in gradient to modest slopes, before the steep Bringelly Shale landscapes.

The “Development Precinct” comprises soils from the Blacktown Group.

The Blacktown Group exhibit the following characteristics:

Typically occur in generally undulating to flat landscapes

Typically underlain with/comprise alluvial deposits

Almost completely cleared tall open-forest (wet sclerophyll)

Dominant land uses urban

Subject to minor erosion

Moderately reactive

High urban capability

2.5 ECOLOGY

The site, together with most of the surrounding areas, has been extensively cleared from the days of earliest

European settlement. Remnant vegetation in the “development precinct” occurs largely as isolated individual trees or

small clusters, predominately eucalypts.

The most significant vegetation attaches to the riparian corridor aligning with the major water body toward the front

of the property. This riparian zone will be reconfigured and revegetated with a comprehensive range of riparian

species. Existing vegetation will be retained where practical in such revegetation initiative.

Vegetation is accordingly not deemed to be a constraint to development. A strategy for the selective removal of

some limited remnant vegetation will be prepared1.

No threatened fauna species are known to occur on the subject site. Such matter will be further addressed in the

development of a future ecological strategy.

The range of vegetation evidenced onsite is reflected in the following portfolio of photographs comprising Figure 8.

1 As part of a broader ecological study/strategy.

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General open grassland with scattered casuarina and eucalypt species

Fringing riparian vegetation comprising casuarina, melaleuca and eucalypt species

Isolated eucalypts, casuarinas and blackthorn, dotted across grassland with invasive blackberry and fireweed

Figure 8: Qualities of existing vegetation

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Page 19 November 2015

Planning Proposal – No’s. 730, 740 & 760 Montpelier Drive, The Oaks

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Cumberland Plain Woodland species fringing the major dam wall

Immature Cumberland Plain Woodland species between road and northern water body

Dominant grasslands, isolated remnant trees and fringing riparian vegetation

Figure 8 (continued): Qualities of existing vegetation

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2.6 HERITAGE

The locality has a long history of European settlement, none of which has been highlighted in past local

investigations/records as being of immediate significance. Equally, the land is highly disturbed from past European

occupation, as cited above and is not understood to have any particular indigenous significance.

No heritage items of local, state or national significance are known to be listed for the site.

Notwithstanding the foregoing, heritage significance may require further assessment as this PPR is advanced.

2.7 BUSHFIRE HAZARD

The subject site is not identified as Bushfire Prone Land on Council’s Bushfire Prone Land Map (refer to Figure 9

over).

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Figure 9: Bushfire Hazard Map Extract – The Subject Site (Source: Wollondilly Shire Council)

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3 Intent and Provisions

3.1 OBJECTIVES OR INTENDED OUTCOMES (PART 1)

This PPR has the express purpose of facilitating the urbanisation of the subject site as an extension of the existing

township of the Oaks2, transitioning on the southern interface (and high amenity area) into a rural residential

landscape, as outlined below:

Objective

To facilitate the comprehensive subdivision for residential purposes at various low densities of land contiguous with

the expanding township of the Oaks in an integrated manner, in accordance with its environmental capacity and

existing and proposed neighbourhood character, whilst capitalising on its environmental attributes and the ability to

augment existing infrastructure.

Outcomes

In delivering the foregoing objective, it is intended that the following outcomes be realised:

A sustainable and coordinated expansion of the Oaks community will be achieved

Elements of the natural landscape will be conserved and enhanced

Existing physical and human infrastructure will be utilised and embellished

A framework will be established for more detailed planning (Masterplanning/DCP)

4 Explanation of Provisions (Part 2)

The Wollondilly Local Environmental Plan, 2011 will be amended in the following way:

Site Identification Map

Amendment of Wollondilly LEP 2011 Land Zoning Map – LZN 007G (9 March, 2012) from RU2 Rural

Landscape to R2 Low Density Residential and R5 Large Lot Residential.

Amendment of Wollondilly LEP 2011 Lot Size Map – LSZ 007G (9 March, 2012) from 40ha (Q) to 975m² (T)

and 4,000m2.

It is proposed to introduce a maximum building height as follows:

Amendment of Wollondilly LEP 2011 Height of Building Map - HOB 007G (9 March, 2012) to maximum

building height of 9m (J).

A suite of draft maps representing the proposed changes forms Section 6 of this PPR.

Detailed controls will be prepared, pursuant to Clause 6.3, and be contained in a relevant Development Control Plan.

2 It is noted that the township is to be extended in a southerly direction to the northern boundary of the subject land,

as reflected in the recent zoning amendment to the immediate north.

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5 Justification

5.1 JUSTIFICATION OVERVIEW (PART 3)

5.1.1 INTRODUCTION

This overview establishes the case for the zoning change proposed in the LEP amendment. It should be noted that

the level of justification is commensurate with the impact of the rezoning proposal, broad ranging urban capability

investigations and an acknowledgement of the need for a limited range of future issue specific studies.

5.1.2 STRATEGIC ORIGINS – GENERAL

Wollondilly Shire Council, in seeking to provide for limited, sustainable and controlled growth of the Shire,

prepared/adopted the Growth Management Strategy 2011 (GMS). Such Strategy builds on the themes and

community aspirations detailed in the 2025 vision, but in doing so addresses the previous lack of strategic direction

to growth matters. In doing so, it seeks to provide a plan for future growth. Further, the Plan facilitates Council's

planning for future service and infrastructure provision.

The Strategy importantly is consistent with the directions contained in the Community Strategic Plan.

In looking at the Shire's growth requirements for the next 20-25 years, it incorporates forecasts and strategies to the

mid 2030s.

Although the primary purpose of the GMS is to be a tool to sift through and assess planning proposals that come to

Council, it has a range of other aims.

To outline clear policy directions on growth issues.

To provide Council and the community with a strategic framework against which to consider planning

proposals.

To achieve a long-term sound and sustainable approach to how this Shire develops and changes into the

future.

To inform Council decisions and priorities regarding service delivery and infrastructure provision.

To provide direction and leadership to the community on growth matters.

To assist in advocating for better infrastructure and services.

To provide our strategy/response for how we see the State Government’s Metropolitan and subregional

planning strategies being implemented at the local level.

In pursuit of such aims, it includes:

Overarching policy directions and principles for growth management.

An outline of the State, Regional and local planning policy context

A summary of key demographic trends and forecasts.

An overview of housing number targets and their general distribution.

Discussion of different types of housing and different types of employment lands.

Identification of the key issues associated with the main types of residential and employment proposals

facing Wollondilly.

Assessment criteria to assist in making decisions on planning proposals.

Broad-scale mapping and structure plans to identify possible growth locations.

Explanations on how to use the GMS and the processes for implementation.

The Key Policy Directions established and of relevance to this Planning Proposal Request include, namely:

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General

P1 All land use proposals need to be consistent with the Key Policy Directions and Assessment Criteria

contained in this GMS in order to be supported by Council.

P2 All land use proposals need to be compatible with the concept and vision of “Rural Living” (defined in Chapter

2)

P3 All Council decisions on land use proposals shall consider the outcomes of community engagement.

P4 The personal financial circumstances of landowners are not relevant planning considerations for Council in

making decisions on land use proposals.

P5 Council is committed to the principle of appropriate growth for each of our towns and villages. Each of our

settlements has differing characteristics and differing capacities to accommodate different levels and types

of growth (due to locational attributes, infrastructure limitations, geophysical constraints, market forces etc.).

Housing Policies

P6 Council will plan for adequate housing to accommodate the Shire’s natural growth forecast.

P7 A high growth or accelerated growth scenario is not being pursued. The extra dwellings needed for the

Shire’s growth therefore are not intended to accommodate the urban expansion of the Sydney Metropolitan

Area*. (*It is acknowledged that Wollondilly will continue to accommodate migration from Sydney, however

this is distinct from actually accommodating the spread of the Sydney urban footprint)

P8 Council will support the delivery of a mix of housing types to assist housing diversity and affordability so that

Wollondilly can better accommodate the housing needs of its different community members and household

types.

P9 Dwelling densities, where possible and environmentally acceptable, should be higher in proximity to centres

and lower on the edges of towns (on the “rural fringe”).

P10 Council will focus on the majority of new housing being located within or immediately adjacent to its existing

towns and villages.

Integrating Growth with Infrastructure

P17 Council will not support residential and employment lands growth unless increased infrastructure and

servicing demands can be clearly demonstrated as being able to be delivered in a timely manner without

imposing unsustainable burdens on Council or the Shire’s existing and future community.

P18 Council will encourage sustainable growth which supports our existing towns and villages, and makes the

provision of services and infrastructure more efficient and viable – this means a greater emphasis on

concentrating on new housing in and around our existing population centres.

P19 Dispersed population growth will be discouraged in favour of growth in, or adjacent to, existing population

centres.

P20 The focus for population growth will be in two key growth centres, being the Picton/Thirlmere/Tahmoor Area

(PTT) area and the Bargo Area. Appropriate smaller growth opportunities are identified for other towns.

The Strategy expressly seeks to take a balanced approach to accommodating natural residential growth that does

not compromise environmental amenity and rural living3.

Sewerage Infrastructure is identified as the most significant constraint to future growth. Acknowledging this, the

Strategy adopts key assumptions in respect of infrastructure augmentation being integral to sustainable

development.

Preliminary fieldwork and desktop analysis informed the Strategy, having regard to established Assessment Criteria

and Key Policy Directions. Structure Plans were prepared for each town/village identified as a growth mode based

on the foregoing.

The Structure Plan for the Oaks, importantly identified the subject locality as a candidate residential growth area

3 It being projected that 7,500 extra dwellings will be required by 2036 (expanding on the projection of 5,200 noted in

the Draft Sub Regional Strategy at 4.1.4 of this Planning Proposal). It being further noted that the Oaks/Oakdale has

an additional dwelling target of 250, of which 150 (+) have recently been provided for with the rezoning of land to the

immediate south of the existing township (and north of the subject land).

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(refer to Annexure "C").

The phenomenon of urban development on the edge of Towns is acknowledged on balance as a preferred

development model and is reflected in the previously cited Structure Plan.

In doing so, the following Key Policy Directions are relevant to the Proposal.

P5 Council is committed to the principle of appropriate growth for each of our towns and villages. Each of our

settlements has differing characteristics and differing capacities to accommodate different levels and types of

growth (due to location attributes, infrastructure limitations, geophysical constraints, market forces etc.).

P8 Council will support the delivery of a mix of housing types to assist housing diversity and affordability so that

Wollondilly can better accommodate the housing needs of its different community members and household

types.

P9 Dwelling densities, where possible and environmentally acceptable, should be higher in proximity to centres

and lower on the edges of towns (on the “rural fringe”).

P10 Council will focus on the majority of new housing being located within or immediately adjacent to its existing

towns and villages.

P18 Council will encourage sustainable growth which supports our existing towns and villages, and makes the

provision of services and infrastructure more efficient and viable – this means a greater emphasis on

concentrating new housing in and around our existing population centres.

P19 Dispersed population growth will be discouraged in favour of growth in, or adjacent to, existing population

centres.

A comprehensive checklist of Assessment Criteria is established for further evaluating candidate areas identified in

the Strategy. Such criteria and an assessment in respect thereof is produced as Annexure "B".

5.1.3 METROPOLITAN PLANNING - A PLAN FOR GROWING SYDNEY

A Plan for growing Sydney was released on 14 December 2014 and is an action plan which will guide land use

planning decisions up to 2034.

It consists of a number of directions and action focuses around four (4) goals:

ECONOMY; a competitive economy with world class services and transport.

HOUSING; a city of housing choice with homes that meet our needs and lifestyles.

LIVEABILITY; a great place to live with communities that are strong, healthy and well connected.

ENVIRONMENT; a sustainable and resilient city that protects the natural environment and has a balanced

approach to the use of land and resources.

Wollondilly is located on Sydney’s metropolitan fringe and falls within the Sydney Metropolitan Rural Area in A Plan

for Growing Sydney. The focus of the Plan for Sydney’s Metropolitan Rural Area is the protection of the environment

and economic assets in terms of mining and agriculture.

The Plan seeks to accelerate housing supply across Sydney and although its focus is on areas of significant housing

growth it also notes that all suburbs will need additional housing over the next 20 years. New locations for housing

around established centres are encouraged.

Wollondilly is not the focus of significant housing growth except for the Macarthur South area which is identified as

an Urban Investigation area.

Rezoning the subject site to allow for residential development presents an opportunity to increase housing supply at

a local scale in a location which is consistent with the locational commentary contained within A Plan for Growing

Sydney.

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5.1.4 SUB REGIONAL PLANNING

The South West Subregion; Draft Subregional Strategy takes the 2005 Metropolitan Strategy, City of Cities; A Plan

for Sydney’s Future, and applies it at the local level to the Local Government Areas of Liverpool, Campbelltown,

Camden and Wollondilly.

The vision for the southwest is based around 8 key directions:

Plan for major housing growth

Plan for major employment growth

Develop Liverpool as a regional city

Intensify existing areas around retail centres and public transport corridors

Strengthen centres with public transport

Extend transport networks to connect the south west growth centre to existing centres

Recognise and support rural character of subregion

Protect resource lands

The planning proposal is not inconsistent with the draft strategy as it will facilitate additional housing around an

existing centre and will take advantage of existing services such as shops and public transport.

The former Department of Planning and Infrastructure (DOP&I) reinforced its expectations of future Shire urban

growth over recent years and most recently in the Draft South West Subregional Strategy. The Draft Strategy in

promoting a vision to 2031 established a growth target in Wollondilly Shire of 5,200 additional dwellings comprising

some 1,200 additional “infill” dwellings and 4,000 “greenfield” dwellings (i.e. a 24%/76% split).

The former DOP&I also highlighted the need for any future urban development to meet the Sustainability Criteria

detailed in the former Metropolitan Strategy and in particular attendant infrastructure requirements.

Additionally, the former DOP&I outlined the need for housing product diversity for any future urban lands, with lot

sizes of a variable nature exceeding a minimum of eight dwellings per hectare, but not necessarily attaining 15

dwellings per hectare.

5.1.5 SOUTH WESTERN SYDNEY REGIONAL ACTION PLAN

NSW 2021; A plan to make NSW number one (September 2011) is a 10 year plan which guides policy and budget

decisions within NSW. It is based upon an agenda to deliver integrated strategic planning for land use, transport and

infrastructure investment. NSW 2021 required the development of regional action plans to identify what actions the

NSW Government can take to improve outcomes in each region and locality.

The relevant plan for Wollondilly is the South West Sydney Regional Action Plan (SWSRAP) which identifies short

term priorities for south western Sydney. This region includes the Local Government Areas of Bankstown, Fairfield,

Liverpool, Campbelltown, Camden and Wollondilly.

The SWSRAP identifies 7 priorities;

Grow the economy of South Western Sydney

Improve integrated regional transport

Deliver appropriate services to disadvantaged and vulnerable members of the community

Improve access to quality health services

Improve education outcomes

Protect our heritage and environment

Provide more affordable housing options

The priority’s to protect heritage and environment and provide more affordable housing options are both particularly

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relevant to this planning proposal.

The Protect our environment and heritage priority makes specific reference to the Hawkesbury-Nepean River and

Georges River systems and their catchments and the need to protect these natural environments. The site is located

within the Hawkesbury-Nepean river catchment and drains into the nearby Werriberri Creek which is a tributary of

the Nepean River.

As the Planning Proposal potentially progresses, further information will be required to address the Proposal’s

consistency with Sydney Regional Environmental Plan No. 20 - Hawkesbury-Nepean River which integrates

planning with catchment management to protect the river system.

The Provide more affordable housing options priority makes reference to maximising land supply for housing as one

of three actions to reduce the cost of living. The Planning Proposal would strategically provide more land for housing

and address pragmatically potential environmental and infrastructure impacts.

5.1.6 GREATER MACARTHUR LAND RELEASE PRELIMINARY STRATEGY

The Department of Planning and Environment recently released the results of comprehensive investigations of

future urban land potential in the area formerly known as “Macarthur South”. The resultant strategy, known as the

Greater Macarthur Land Release Preliminary Strategy, sets out a vision for the next 20 years, including:

Opportunities for new homes and jobs in Menangle Park and Mount Gilead (Campbelltown LGA).

A new town in Wilton.

Infrastructure to meet community needs.

Opportunities for community services and public spaces.

Environmental protection mechanisms.

The subject preliminary planning strategy has significant implications for future housing supply in the Shire as the

new town of Wilton is planned and developed. It will have significant implications as the review of the Wollondilly

Shire Growth Management Strategy (GMS) is finalised.

Despite the significant planned contribution to housing supply the revised GMS will need to provide a balanced

approach to housing supply and, moreover, the growth and development of towns and villages in the Shire beyond

Wilton alone.

In this context the planned limited expansion of the township of The Oaks, as promoted in this PPR, represents a

key element in its future sustainable growth and that of the Shire’s towns and villages and should be supported

accordingly.

5.2 NEED FOR THE PLANNING PROPOSAL (SECTION A)

5.2.1 IS THE PLANNING PROPOSAL THE RESULT OF ANY STRATEGIC STUDY OR REPORT?

The PPR has its clear origins in previous strategic planning initiatives in the established centres of the Shire and

most recently the Growth Management Strategy cited above at 5.1.2 and its integration with the Community

Strategic Plan.

Further, it is not inconsistent with the Metropolitan Plan (A Plan for Growing Sydney - 2014) and Draft Sub Regional

Strategy objectives of providing increased housing opportunities, particularly as an expansion of existing urban

areas.

The PPR is importantly not prejudiced by the outcomes of the Greater Macarthur Urban Investigations.

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5.2.2 IS THE PLANNING PROPOSAL THE BEST MEANS OF ACHIEVING THE OBJECTIVES OR INTENDED

OUTCOMES, OR IS THERE A BETTER WAY?

The PPR is considered to represent the best means of facilitating a planning framework for the urbanisation of the

subject land. In particular it provides an opportunity to integrate with other proposed residential extensions to

existing towns/villages within the Shire.

As such, a more rational approach to zoning amendments is possible.

The proposed rezoning is stylised for direct integration with Wollondilly LEP, 2011, adopting relevant zoning,

minimum lot size and maximum height of building provisions.

5.3 RELATIONSHIP TO STRATEGIC PLANNING FRAMEWORK (SECTION B)

5.3.1 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)?

The Metropolitan and sub-regional planning context have been briefly detailed at 5.1.3 to 5.1.4 (inclusive) above.

The subject precinct, together with other similarly positioned lands, offers prospects of addressing in part the

projected dwelling demand in a structured and sustainable manner4.

5.3.2 IS THE PLANNING PROPOSAL CONSISTENT WITH THE LOCAL COUNCIL’S COMMUNITY STRATEGIC PLAN

OR OTHER LOCAL STRATEGIC PLAN?

The local strategic planning context is summarised at 5.1.2 and 5.1.6 above and clearly details the strategic

approach to controlled sustainable growth.

The subject planning framework has importantly implied the suitability of the subject land (refer to Annexure "C") for

future urban growth, leveraging off the existing infrastructure and the prevailing sense of community.

The Planning Proposal is also generally consistent with Council’s Community Strategic Plan and capable of

delivering outcomes consistent with such plan and in particular the following;

The natural environment is protected and conserved and Wollondilly has healthy, sustainable and resilient

environment; with a rural character (EO-1).

The proposed small scale residential development will utilise existing largely cleared land, reducing the impact

for further encroachment on rural lands. It will also involve the rationalisation and rehabilitation of the riparian

zone.

Support the economic viability of our towns and villages by encouraging appropriate residential development

in and around those towns (EC-7).

The proposed residential development is well located to enable new residents to take advantage of and support

existing facilities and services in the Oaks.

Implement excellence in our community engagement by listening to and responding to the needs and

concerns of our residents (CO-4).

Preliminary consultation with the community will be undertaken upon lodgement of the PPR. Further

consultation with the community and stakeholders will be undertaken during the formal public exhibition if the

4 Refer also to Annexure “G” for a sustainability overview

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Planning Proposal is supported by a Gateway Determination.

Protect and conserve biodiversity and natural resources, including waterways, riparian lands and

groundwater ecosystems (EN-1).

If a Gateway Determination is issued, specialist studies will be required to establish that the development of the

land for residential purposes will not have an unacceptable impact on the environment.

Apply best environmental best practice environmental principles to the assessment of development and

planning proposals (EN-2).

Rezoning land for residential development located proximate to The Oaks Township and adjacent to existing

residential land facilitates growth in a sustainable manner.

Apply best practice environmental principles to the assessment of development and planning proposals (EN-

3).

There is considered to be strategic merit in rezoning the subject land for residential purposes. Logical

progression of the Planning Proposal through the Gateway process will likely involve the preparation of

specialist studies to inform the Planning Proposal reinforcing the suitability of the land for residential

development.

5.3.3 IS THE PLANNING PROPOSAL CONSISTENT WITH APPLICABLE STATE ENVIRONMENTAL PLANNING

POLICIES?

The precinct is subject to the provisions of a raft of State Environmental Planning Policies, as communicated in a

series of Planning Certificates, pursuant to Section 149 of the Environmental Planning and Assessment Act, 1979

(as amended)5.

A checklist of compliance with such policies is provided at Annexure “E”. It should be noted that some of the policies

would apply in certain development circumstances. Those of particular relevance at the rezoning stage are noted in

the checklist, with an accompanying brief annotation where beneficial.

Importantly, the applicable SEPPs will not prohibit or significantly constrain the progress of a relevant Planning

Proposal.

5.3.4 IS THE PLANNING PROPOSAL CONSISTENT WITH APPLICABLE MINISTERIAL DIRECTIONS (SECTION 117

DIRECTIONS)?

Section 117 Directions detail matters to be addressed in LEPs so as to achieve particular principles, aims and

objectives or policies. Produced at Annexure “F” is a checklist of compliance with applicable Directions.

All relevant Directions can be adequately accommodated or departures justified in the preparation of an LEP

amendment of the nature foreshadowed in this PPR.

The relevant considerations in respect of the Section 117 Directions highlighted to be of relevance in Annexure “F”

are summarised below.

Direction 1.2 Rural Zones

The objective of this Direction is to protect the agricultural production value of rural land.

The proposal will result in the loss of land zoned for rural landscape purposes, not prime agricultural land, given its

5 Refer to Annexure “D”

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generally modest soil qualities and size of the holding.

Importantly, the land has been identified conceptually in Council's Growth Management Strategy and is consistent

with Metropolitan and Subregional Planning objectives.

Finally, the proposal is considered to be insignificant in the context of the subject Direction.

Direction 1.3 Mining, Petroleum and Extractive Industries

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.

The proposal will not adversely impact any future potential subsurface mining program.

Compliance with appropriate mine subsidence parameters would facilitate urbanisation without significantly

constraining mining activities, should such occur.

No other activities covered by the Direction are adversely impacted.

Direction 2.1 Environmental Protection Zones

The objective of this Direction is to protect and conserve environmentally sensitive areas.

The Proposal is consistent with the objective in that none of the land is identified to be of high environmental

sensitivity6. The riparian zone will, however, be reconfigured and embellished.

Direction 2.3 Heritage Conservation (E4)

The objective of this Direction is to conserve items, areas, objects and places of environmental heritage significance

and indigenous heritage significance.

The standard heritage conservation provisions are contained in Wollondilly LEP 2011 and will prevail in the event of

a relevant Planning Proposal being progressed.

Further, in advancing the Planning Proposal, investigations in respect of indigenous heritage will be commissioned.

No issues of European Heritage are potentially impacted by the Proposal.

Direction 3.1 Residential Zones

The objectives of this Direction are to:

(a) encourage a variety and choice of housing types to provide for existing and future housing needs;

(b) to make efficient use of existing infrastructure and services and ensure that new housing has appropriate

access to infrastructure and services; and

(c) to minimise the impact of residential development on the environment and resource lands.

The objectives are met in that:

The proposal does not seek to reduce the amount of residential land but rather contribute to additional

lands that may assist Wollondilly Shire in reaching its housing targets.

The site is located adjacent to proposed residential development and is also proximate to surrounding

residential development and the Oaks town centre and related community infrastructure.

6 This will be further reviewed in more comprehensive studies as a relevant Planning Proposal is advanced.

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The site is serviced with an appropriate perimeter road and utility infrastructure which can be readily

amplified to enable residential development.

The relevant infrastructure and DCP provisions are contained in Wollondilly LEP 2011.

No areas of significant environmental sensitivity will be adversely impacted, with appropriate conservation

strategies implemented where required.

The development will be compatible with subsurface mining, if such occurs in the future.

Direction 3.3 Home Occupations

The objective of this Direction is to encourage the carrying out of low impact small businesses in dwelling houses.

Wollondilly LEP 2011 includes home occupations as permissible uses without consent under the R2-Low Density

Residential zone and R5-Large Lot Residential zone.

Direction 3.4 Integrated Land Use and Transport

The objective of this Direction is to ensure that urban structures, building forms, land use locations, development

designs, subdivision and direct layouts achieve a comprehensive suite of planning objectives including:

(a) improving access to housing, jobs and services by walking, cycling and public transport, and

(b) increasing the choice of available transport and reducing dependence on cars, and

(c) reducing travel demand including the number of trips generated by development and the distances

travelled, especially by car, and

(d) supporting the efficient and viable operation of public transport services, and

(e) providing for the efficient movement of freight.

The Proposal is consistent with the Direction in that:

The site is proximate to the Oaks town centre which is serviced by public transport.

The site is contiguous with proposed residential development.

The site is accessible to public bus services (although irregular) on the surrounding roads.

Direction 4.2 Mine Subsidence and Unstable Land

The objective of this Direction is to prevent damage to life, property and the environment on land identified as

unstable or potentially subject to mine subsidence.

The land is not within a proclaimed mine subsidence district. No mining activity is currently occurring.

Should future mining occur it is not likely to preclude standard residential development and service infrastructure,

subject to adherence to relevant subsidence parameters.

Direction 4.3 Flood Prone Land

The objectives of this Direction are to:

(a) to ensure that development of flood prone land is consistent with the NSW Government’s Flood Prone Land

Policy and the principles of the Floodplain Development Manual 2005, and

(b) to ensure that the provisions of an LEP on flood prone land is commensurate with flood hazard and

includes consideration of the potential flood impacts both on and off the subject land.

It is proposed to rezone rural land for urban purposes, such having limited frontage to an informal

watercourse/stored water body and low order inundation prospects. Detailed flood modelling will establish the nature

and extent of any affectation. Flood free egress is importantly available.

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Direction 4.4 Planning for Bushfire Protection

The objectives of this Direction are:

to protect life, property and the environment from bushfire hazards, by discouraging the establishment of

incompatible land use in bushfire prone areas, and

to encourage sound management of bushfire prone areas.

The subject land is not classified as bushfire prone land. Any revegetation works associated with the riparian zone

will need to ensure a bushfire hazard is not created.

Direction 5.2 Sydney Drinking Water Catchment

The objective of this Direction is to protect the water quality of the hydrological catchment.

The subject land is situated within the drinking water catchments of Sydney and nearby to an existing urban

settlement.

To ensure appropriate water quality outcomes it is proposed to rehabilitate a reconfigured riparian area and

introduce the principles of WSUD in managing stormwater throughout the proposed subdivision.

Additionally, the proposed development will be connected to reticulated sewer.

Direction 6.1 Approval and Referral Requirements

The objective of this Direction is to ensure that LEP provisions encourage the efficient and appropriate assessment

of development.

This Direction is complied with in the preparation of Wollondilly LEP 2011.

Direction 6.2 Reserving Land for Public Purposes

The objectives of this Direction are:

to facilitate the provision of public services and facilities by reserving land for public purpose, and

to facilitate the removal of reservations of land for public purposes where the land is no longer required for

acquisition.

The PPR does not propose to create, alter or reduce existing zonings or reservations of land for public purposes.

Any land required for such purpose will be identified as the Proposal is advanced. It is most likely that relevant

contributors will be made to the embellishment of offsite facilities.

Direction 6.3 Site Specific Provisions

The objective of this Direction is to discourage unnecessarily restrictive site specific planning controls.

A relevant Planning Proposal will rezone the site to already existing zones in Wollondilly LEP 2011 that allows the

land use without imposing any development standards or requirements in addition to those contained in those

zones.

Direction 7.1 Implementation of the Metropolitan Strategy

The objective of this Direction is to give legal effect to the vision, land use strategy, policy, outcomes and actions

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contained in the Metropolitan Strategy.

The PPR is generally consistent with A Plan for Growing Sydney (2014) and the companion documents, the Draft

South West Subregional Strategy (2007) and South West Sydney Regional Action Plan (2012).

5.4 ENVIRONMENTAL, SOCIAL AND ECONOMIC IMPACT

5.4.1 IS THERE ANY LIKELIHOOD THAT CRITICAL HABITATS OR THREATENED SPECIES, POPULATIONS, ECOLOGICAL COMMUNITIES OR THEIR HABITANTS, WILL BE ADVERSELY AFFECTED AS A RESULT OF

THE PROPOSAL?

The subject land includes a limited spectrum of habitat qualities, as briefly detailed at 2.5 of this PPR. No areas of

significant ecological sensitivity are likely to be impacted, apart from actions including the rationalisation and

conservation initiatives in respect of the riparian area and its reconfiguration and embellishment.

It will, however, likely be a “Gateway” requirement that an assessment of significance be undertaken given the

habitat qualities evident on site. Such an assessment, pursuant to Section 5A of the EP&A Act and Threatened

Species Assessment Guidelines, would seek to establish if there is any likelihood that critical habitat or ecological

communities or their habitats will be adversely affected as a result of the proposal.

5.4.2 ARE THERE ANY OTHER LIKELY ENVIRONMENT EFFECTS AS A RESULT OF THE PLANNING PROPOSAL

AND HOW ARE THEY PROPOSED TO BE MANAGED?

No other adverse environmental impacts are likely to be occasioned by pursuit of a comprehensive residential

subdivision in an environmentally sensitive manner, as promoted in this PPR.

Notwithstanding the foregoing statement, a relevant Gateway determination is likely to require:

Compilation of a stormwater management strategy.

A preliminary contamination investigation to establish the suitability of the land or the proposed end uses,

pursuant to SEPP55 - Remediation of Land.

A traffic management and accessibility strategy that reinforces the proposed access scenario and

opportunities for cycle/pedestrian movement.

A geotechnical and salinity assessment and resultant strategy if need be to address the subject qualities of

the land holding.

Standard Indigenous heritage investigations.

Any potential impacts arising from the preceding are importantly manageable and will inform the final design and

development and implementation of management guidelines.

5.4.3 HOW HAS THE PLANNING PROPOSAL ADEQUATELY ADDRESSED ANY SOCIAL AND ECONOMIC EFFECTS?

A relevant PP will address the current land and diversity, and in doing so move toward fulfilling the accommodation

needs attached to the subregional population and housing projections; including enhanced affordability and diversity.

The yield will be carefully balanced to ensure satisfactory environmental outcomes and cost effective solutions to

infrastructure augmentation.

Further, the development process will have a positive economic impact upon the development/construction industry,

inclusive of the prospects of local employment on many fronts, both in design and construction.

Indeed, under the proposed scenario, no adverse social and/or economic impacts are foreshadowed.

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5.5 STATE AND COMMONWEALTH INTERESTS

5.5.1 INTRODUCTION

The “Gateway” determination will identify any consultation required with State or Commonwealth Public Authorities.

This may include:

consultation required under section 34A of the EP&A Act where the Responsible Planning Authority (RPA)

is of the opinion that critical habitat or threatened species populations, ecological communities or their

habitats will or may be adversely affected by the Planning Proposal;

consultation required in accordance with a Ministerial Direction under section 117 of the EP&A Act: and

consultation that is required because in the opinion of the Minister (or delegate), a State or Commonwealth

public authority will or may be adversely affected by the proposed LEP.

5.5.2 IS THERE ADEQUATE PUBLIC INFRASTRUCTURE FOR THE PLANNING PROPOSAL?

Public infrastructure will be required to be augmented to support the urbanisation of the subject land (and adjoining

land) as communicated in this PPR.

The nature and extent of augmentation will be finally determined having regard to more detailed investigations as

part of the continued “evolution” of a relevant Planning Proposal and subsequent Masterplanning of the land.

As a minimum, the existing reticulated water and sewer system in the nearby urban area will need to be extended

and augmented to service a comprehensive new housing estate. Detailed liaison will need to occur with the service

provider in this regard, namely Sydney Water.

The logistics (physical and economic) of providing such requisite infrastructure are considered to be realisable.

The catchment and nature of the land is such that a comprehensive Stormwater Management Plan predicated upon

the principles of Water Sensitive Urban Design can be readily designed and implemented as part of the envisaged

development scheme.

Such scheme, including the riparian area, will likely be dedicated to Council as part of the development process for

ongoing care and maintenance and will require Council input at the design stage so as to ensure acceptance of the

prospects of ultimate dedication.

Reticulated electricity (overhead) and telecommunications facilities will also be provided as service infrastructure.

Such is capable of ready installation in a pragmatic physical and economic sense.

Development of the land as proposed in this PPR will entail the construction and ultimate dedication of an

appropriate subdivisional road network. Such network should integrate efficiently with the existing/proposed network.

A detailed traffic assessment will identify the suitability of such network and any impacts on the “external” system

which require redress. (Refer also to 5.4.2).

Amplification/enhancement of offsite infrastructure, including community infrastructure, will involve relevant

contributions pursuant to Section 94 (EP&A Act) and/or a Voluntary Planning Agreement. Such contributions will be

determined in response to more detailed planning actions as the relevant Planning Proposal progresses.

5.5.3 WHAT ARE THE VIEWS OF STATE AND COMMONWEALTH PUBLIC AUTHORITIES CONSULTED IN ACCORDANCE

WITH THE GATEWAY DETERMINATION, AND HAVE THEY RESULTED IN ANY VARIATIONS TO THE PLANNING

PROPOSAL?

The relevant State and Commonwealth public authorities would be consulted following the outcome of the “Gateway”

determination. Council would be responsible for carrying out this consultation in accordance with Section 57 of the

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EP&A Act.

Typical authorities likely to be consulted include:

Office of Environment and Heritage

National Parks and Wildlife Service

Environment and Climate Change

Heritage Branch

Communities NSW

Department of Education and Training

Department of Human Services NSW

Health Department NSW

Department of Trade and Investment, Regional Infrastructure and Services

Primary Industries

Resources and Energy

Mine Subsidence Board

Office of Water

Department of Planning and Infrastructure

Roads and Maritime Services

Sydney Water

Integral Energy

Telstra

AGL

Rural Fire Service

6 Mapping (Part 4)

The following suite of maps outlined in Section 4 of this PPR identify the mapping amendments proposed for

Wollondilly Local Environmental Plan, 2011 to give effect to the development vision depicted in the Concept Plan

produced as Annexure “H”.

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Page 36 November 2015

Planning Proposal – No’s. 730, 740 & 760 Montpelier Drive, The Oaks

Pascoe Planning Solutions

Site Identification Map

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Page 37 November 2015

Planning Proposal – No’s. 730, 740 & 760 Montpelier Drive, The Oaks

Pascoe Planning Solutions

Land Zoning & Maximum Height of Buildings Map

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Page 38 November 2015

Planning Proposal – No’s. 730, 740 & 760 Montpelier Drive, The Oaks

Pascoe Planning Solutions

Lot Size Map

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Page 39 November 2015

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Pascoe Planning Solutions

7 Community Consultation (Part 5)

Community consultation remains an important element of the Plan making process. The companion document “A

Guide to Preparing Local Environmental Plans” outlines community consultation parameters.

In accordance with Council’s notification policy, however, the PPR will be made available on Council’s website and

notified to adjoining landowners and occupiers.

The preliminary community consultation is undertaken prior to Council considering whether to support the PPR.

This additional consultation phase at such an early stage when a PP is not fully documented is questionable, not in

accordance with the documented Gateway process, and inconsistent with the designated timeframe for considering

a PPR before potentially “triggering” a pre-Gateway Review.

After a Gateway Determination and completion of any required specialist studies formal public

exhibition/consultation in accordance with Sections 56 (a) (c) and 57 of the EP&A Act.

It is considered that the Planning Proposal is of a “low impact”7 nature and should be exhibited for a minimum period

of 14 days. Should the Authorities and Council believe the proposal to be significant given the significant

transformation of the locality, a maximum 28 day period may be advocated.8

Any submissions received in response to the community consultation would need to be fully considered, in

accordance with the prevailing statutory provisions.

8 Project Timeline (Part 6)

A primary goal of the plan making process is to reduce the overall time taken to produce LEPs or amendments there

to. The table below establishes a pragmatic project timeline for progress of a relevant Planning Proposal.

Project Detail Timeframe Timeline

Planning Proposal Request (PPR) lodged - November 2015

Council PPR determination 8 weeks February 2016

Council submission of PP to DoP&E 4 weeks March 2016

Gateway Determination 6 weeks from

submission to DP&I April-May 2016

Timeframe for government agency consultation (pre and post

exhibition as required by Gateway determination)

2 month period after

Gateway determination June-July 2016

7 Means a planning proposal that, in the opinion of the person making the gateway determination, is consistent with

the pattern of surrounding land use zones and/or land uses, is consistent with the strategic planning framework,

presents no issues with regard to infrastructure servicing, is not a principal LEP and does not reclassify public land. 8 Such a decision would not be detrimental to the Proposal.

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Page 40 November 2015

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Pascoe Planning Solutions

Project Detail Timeframe Timeline

Anticipated timeframe for the completion of required technical

information - after Specialist Study requirements determined 5 month period December 2016

Commencement and completion dates for public exhibition period -

after amending Planning Proposal if required, preparation of maps

and special DCP provisions

3 month period January-March 2017

Dates for public hearing (if required) Unlikely to be required N/A

Timeframe for consideration of submissions 1 month April 2017

Timeframe for the consideration of a proposal post exhibition

including amendments and maps and report to Council 3 months July 2017

Date of submission to the Department to finalise the Draft LEP

amendment 2 months

August-September

2017

Anticipated date RPA will make the plan if delegated Not applicable N/A

Anticipated date RPA will forward to the Department for notification Not applicable N/A

9 Conclusion

The subject PPR has documented a persuasive case for the rezoning of the subject land for urban purposes, via an

amendment to Wollondilly LEP 2011.

Limited additional environmental and infrastructure investigations will need to be undertaken and broad

commitments to infrastructure provision made as the relevant Planning Proposal is advanced.

Council, as the Responsible Planning Authority, is requested to support and forward this Proposal to the Department

of Planning and Environment for progressing through the “Gateway” in an expedient manner.

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Annexure “A”

Subject Land Holding

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Annexure “B”

Key Directions Wollondilly Shire Growth Management Strategy (GMS) (Assessment Criteria)

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This Growth Management Strategy (GMS) provides the framework for the future development of land to achieve

sustainable and socially responsible housing and employment. This Annexure provides Assessment criteria which

aim to achieve the Key Policy Directions of the GMS.

The Assessment Criteria will apply to any Planning Proposal which seeks to develop land for residential and

employment uses as outlined in the GMS. All Planning Proposals will need to address and be consistent with these

criteria.

Proponents of Planning Proposals are required to follow the ‘Gateway’ planning process as legislated in the EP&A

Act 1979 and details of this can be found at the Department of Planning web site.

Part 1: Generic Assessment Criteria

The assessment criteria in Part 1 are to be met by all Planning Proposals.

State and Regional Strategies and Policies

Document/Policy/Concept Criteria

NSW State Plan, Metropolitan Strategy

Sub-Regional Strategy

Meets objectives, sustainability criteria and directions within these documents

(Refer to Annexure “F” and “G”)

State Planning Policies Consistent with relevant State Environmental Planning Policies (SEPPs)

(Refer to Section 4.3 and Annexure "E" of Planning Proposal)

Ministerial Directions Consistent with relevant Ministerial Directions or when not consistent is justified

(s.117 Directions)

(Refer to Section 5.3.4 and Annexure "F" of Planning Proposal)

LEP Framework Zones and objectives in accordance with the Standard Planning Instrument LEP

2011

(Refer to Section 3 of Planning Proposal)

Local Strategies and Policies

Document/Policy/Concept Criteria

Key Policy Directions in the GMS

Planning proposals must demonstrate that they are consistent with all relevant

Key Policy Directions of the GMS

(Refer to Annexure "B" of Planning Proposal)

Precinct Planning

Planning Proposals should be based on precincts containing a number of

allotments which when considered as a whole will achieve the efficient and cost

effective provision of infrastructure while creating minimal environmental impacts.

Potential proponents of Planning Proposals are advised to discuss options for

precinct planning with the Strategic Planning Section of Council prior to

formulating their proposals.

(Precinct is self-contained.)

Wollondilly Community Strategic Plan

Wollondilly Community Strategic Plan 2030 – Growing Your Future details a

range of criteria considered important for ensuring future growth and

development in the Shire. This plan relates directly to the particular social,

environmental and economic characteristics of the Shire and aims to ensure

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development is undertaken in a sustainable manner. Planning Proposals should

meet the relevant objectives outlined in this plan.

(The Planning Proposal is consistent with the relevant provisions - refer to 5.3.2.)

Project Objectives and Justification

Overall Objective

The Planning Proposal needs to include statements explaining:

- what is planned to be achieved by the Proposal; and

- why a Planning Proposal is the mechanism necessary to achieve the objectives

(Refer to Sections 3 and 4 of the Planning Proposal.)

Strategic Context

Is the Proposal the result of a strategic study or report endorsed by the Department of Planning and / or Wollondilly

Council?

If so, identify the study / strategy and explain how the Planning Proposal is in accordance with that study / strategy.

(Refer to Section 5 of the Planning Proposal)

Net Community Benefit?

Demonstrate the potential for net community benefit (see Department of Planning Guidelines for a Net Community

Benefit Test in the Draft Centres Policy)

(Refer to Section 5.3.2 of the Planning Proposal.)

Summary of Likely Impacts

What are the likely impacts to:

- the environment;

- the community (both the existing community and the potential new community members resulting from the

proposal);

- the economy

How are these impacts proposed to be avoided, mitigated managed and / or rehabilitated?

(Refer to Section 5.4 of the Planning Proposal.)

Infrastructure and Services

Identify the type, capacity and quality / reliability of infrastructure and services:

(i) currently available

(ii) scheduled to be available (must be confirmed in writing from service providers)

(iii) needed to be available to support the proposal when operational.

(Refer to Section 5.4 of the Planning Proposal.)

Supply and Demand Analysis

A proposal shall be accompanied by an analysis of land supply and demand at both local and regional scales. The

analysis must be prepared by a suitably qualified and experienced analyst and shall include independently

verifiable references and sources of data used to prepare the report. The report shall include short and long term

market analysis, rental availability, vacancy rates, turn-over rates, duration of sale periods and population changes.

(The proposal will contribute to the established State and Local Government housing targets and in particular

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housing affordability and diversity.)

Site Suitability/Attributes

A proposal shall demonstrate using independently verifiable evidence that the site selected is the best available

site to accommodate the proposed use in a local and regional context. Reasons may include, but not be limited to;

consolidated site area, access advantages, utilities and other infrastructure available, fewer constraints, potential

for linkages and integration with other land uses to a mutually beneficial outcome.

(The subject site is contiguous with the Oaks township proposed expansion, can be readily serviced and, subject to

environmentally sensitive design, is capable of producing a sustainable development module. Traffic generation

will be able to be readily accommodated.)

Preserving Rural Land and Character

Character and Setting

A proposal must demonstrate how it will contribute to maintaining rural character, including how it will be consistent

with the definition of Rural Living contained in this GMS.

(The development will introduce an urban character and cannot maintain a rural character. It will, however, present

a sympathetic interface with adjoining rural residential land. Lot size and dwelling height limitations will serve to

reduce the urban impact, together with landscape treatment and street plantings.)

Visual attributes

A proposal must create or maintain visual catchment boundaries which define the rural-urban interface.

A proposal must maintain rural landscape character.

A proposal must ensure future development is located and able to be designed so as to not impact on visually

sensitive ridgelines or areas of topographical or visual significance or significant view corridors.

A proposal must ensure that it will have a minimal impact on riverine scenic quality.

(Refer to preceding comment.)

Rural and Resource Lands

Where relevant proposals should include an assessment of the potential viability of agricultural use of the land in

accordance with recognised guidelines (such as Department of Agriculture Site Suitability Assessments).

This assessment needs to demonstrate that the site cannot reasonably be considered suitable as a viable

agricultural holding (neither presently nor in the future).

Proposals need to demonstrate that the future use of the land as proposed will not eliminate or restrict

opportunities for continued or new agricultural uses on adjoining and nearby land.

(The subject land is of marginal agricultural value. Capital intensive agricultural which is capable of producing

commercial returns invariably is attached with incompatibility as reflected in rural urban conflicts.)

Environmental Sustainability

Protection and conservation

Proposals should demonstrate how future development shall allow for the protection of threatened species,

populations or ecological communities and their habitats.

Proposals should not require the removal of significant tracts of remnant vegetation and should enable the

retention and conservation of environmentally significant land and riparian lands.

The protection, rehabilitation and management of environmentally significant lands and riparian lands should not

negatively impact on the ownership, care, control and management responsibilities of Council in the short or long

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term.

(Further ecological investigations will reinforce the view espoused at Section 2.5 of the PPR. The

rationalisation/conservation of the riparian zone will have a positive ecological impact.)

Water Quality and Quantity

Proposals should provide buffer zones to protect watercourses and provide riparian lands setbacks.

Proposals should ensure that any future development in the drinking water catchment can meet the neutral or

beneficial effect on water quality (NorBE) test, consistent with the Drinking Water Catchments State Environmental

Planning Policy.

Proposals must give consideration to Sydney Catchment Authority’s Strategic Land and Water Capability

Assessments (SLWCA) to avoid risk to water quality.

Proposals must demonstrate future development will protect groundwater resources and groundwater dependent

ecosystems.

Proposals should include statements outlining:

- Demand for water to the site

- Commitments to collect water on site

- Commitments to reuse water on site

- Production of wastewater and its treatment and disposal methods.

Proposals must note lead to proliferation of basic Landholder Rights along the frontage of waterways or over any

vulnerable aquifers.

(The principles of BASIX will be observed in respect of each dwelling opportunity. Stormwater management will

involve the application of Water Sensitive Urban Design practices. Waste water will be directed to an extended

reticulated sewer. Finally, no adverse ground water impacts are projected.)

Flood Hazard

Proposals must demonstrate that the land to be developed is located outside of an area potentially affected by

flooding in the event of a 1% AEP event or is on land where flood hazard can be managed and mitigated to

acceptable standards.

(Any minor flooding will be confined to the enhanced riparian zone.)

Geotechnical/Resources/Subsidence

Land to be developed must not be located in an area of low or medium risk of slope instability.

Planning Proposals should not sterilise access to coal resources or access to existing infrastructure associated

with approved mining uses and this must be verified in writing from the appropriate government authority.

Planning Proposals should indicate whether the land is located outside of a Mine Subsidence area or whether coal

resources have been extracted and the impacts of subsidence completed.

(The land is considered to be geotechnically stable; and not in a Mine Subsidence District (refer to Sections 5.3.3

and 5.3.4).)

Buffers and Spatial Separation

Adequate buffers shall be provided within the site to achieve separation between the proposed uses and any

adjacent incompatible development as required.

Proposals should provide buffer zones to protect watercourses and provide riparian lands setbacks as required.

(Adequate transition is proposed to the rural residential development to the south, with the public road forming a

desirable interface treatment. Appropriate buffers will be integrated in the riparian rationalisation/conservation

scheme.)

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Bushfire Hazard

Where the site is identified as Bushfire Prone Land in Council’s records the Planning Proposal should be able to

provide appropriate protection and evacuation measures, including Asset Protection Zones and perimeter roads to

avoid risk to human life.

All bush fire hazard reduction measures and Asset Protection Zones shall be contained within the site.

Asset Protection Zones and other measures for bushfire hazard management must be located outside areas

identified as environmentally sensitive land including habitat and riparian areas to mitigate impact on ecological

functioning.

(The site is not identified to be impacted on Council’s relevant Bushfire Hazard Management Map.)

Heritage

Proposals must demonstrate no detrimental impacts to any item or place of Aboriginal or archaeological

significance or on any heritage item or heritage conservation area.

(Refer to Section 2.6 of the PPR.)

Resource Sustainability

Proposals should demonstrate commitment to maximising opportunities for energy efficiency, water recycling and

reuse and waste minimisation.

(Such principles are central to the PPR.)

Infrastructure

Efficient Use of Provision of Infrastructure

Proposals for urban land uses (industrial, commercial, residential) shall demonstrate a commitment to the minimum

provisions (where appropriate) of:

- electricity

- reticulated water

- reticulated sewer

- telephone services

- optic fibre

- public roads integrated with the existing public road network

- kerb and gutter and stormwater management infrastructure

- footpaths suitable for pedestrian use

- shared pathways compatible with an adopted Council strategy

- street lighting to Australian Standards

- public open space in accordance with best practice design guidelines and adopted strategies

- bus stops

- street trees

- contributions towards community services and facilities as may be required by an adopted strategy and

works schedules

(Such provisions will underpin the development scheme as it is advanced.)

Transport, Roads and Access

Proposals must demonstrate (where possible) a commitment to improving access and movement opportunities to

and through the site by means other than private cars.

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Proposals must demonstrate a commitment to ensuring the local road network is capable of catering for future

development in terms of road capacity, traffic management and safety.

Proposals shall allow for the acquisition, dedication and/or construction of future local or regional road links as

identified in state or local environmental planning instruments.

Proposals should minimise new vehicle access points directly to a major regional or arterial road.

(The subject proposal is consistent with the underlying principles espoused.)

Open Space

Proposals should identify opportunities within the site for creating a variety of types of public open space and / or

improving the quality of public open space in the locality.

Provision and design standards for public open space shall be demonstrated to be consistent with best practice

guidelines and adopted strategies and plans.

Proposals should include provision of access connections to existing or planned shared pathways.

(Refer to Section 5.3.4 Direction 6.2 of this PPR.)

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Annexure “C”

The Oaks - Structure Plan

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Annexure “D”

Planning Certificate Pursuant to Section 149 EP&A Act

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Annexure “E”

Compliance with SEPPs

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The table below indicates compliance, where applicable, with State Environmental Planning Policies (SEPPs) and

deemed SEPPs (formerly Regional Environmental Plans).

State Environmental Planning Policies (SEPPs) Consistency Comments

SEPP 1 Development Standards N/A

WLEP 2011 is a Standard

Instrument Local Environmental

Plan. It incorporates Clause 4.6

Exceptions to Development

Standards, which precludes the

need for consistency with SEPP 1.

SEPP 4 Development without Consent and

Miscellaneous Exempt and

Complying Development

N/A N/A

SEPP 6 Number of Storeys in a Building Yes

The PPR does not contain

provisions that will contradict or

will hinder the application of the

SEPP.

SEPP 14 Coastal Wetlands N/A Not applicable in the Shire of

Wollondilly

SEPP 15 Rural Land-Sharing Communities N/A Not applicable in the Shire of

Wollondilly

SEPP 19 Bushland in Urban Areas N/A Not applicable in the Shire of

Wollondilly

SEPP 21 Caravan Parks N/A Not applicable in the Shire of

Wollondilly

SEPP 22 Shops and Commercial Premises N/A Not applicable in the Shire of

Wollondilly

SEPP 26 Littoral Rainforests N/A Not applicable in the Shire of

Wollondilly

SEPP 29 Western Sydney Recreation Area N/A Not applicable in the Shire of

Wollondilly

SEPP 30 Intensive Agriculture N/A Not applicable in the Shire of

Wollondilly

SEPP 32 Urban Consolidation

(Redevelopment of Urban Land) Yes

The PPR does not contain

provisions that will contradict or

will hinder the application of the

SEPP.

SEPP 33 Hazardous and Offensive

Development N/A Not applicable to this PPR

SEPP 36 Manufactured Home Estates N/A Not applicable in the Shire of

Wollondilly

SEPP 39 Spit Island Bird Habitat N/A Not applicable in the Shire of

Wollondilly

SEPP 44 Koala Habitat Protection Potential to be

Further consideration is required if

a Gateway Determination is

issued. However, it is unlikely that

the subject site contains core

koala habitat.

SEPP 47 Moore Park Showground N/A Not applicable in the Shire of

Wollondilly

SEPP 50 Canal Estate Development

N/A

Not applicable to this PPR

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State Environmental Planning Policies (SEPPs) Consistency Comments

SEPP 52 Farm Dams and Other Works in

Land and Water Management Plan

Areas

N/A Not applicable in the Shire of

Wollondilly

SEPP 55 Remediation of Land Potential to be A site contamination assessment

(Phase 1 minimum) is required.

SEPP 59 Central Western Sydney Economic

and Employment Area N/A

Not applicable in the Shire of

Wollondilly

SEPP 60 Exempt and Complying

Development Yes

The planning proposal (when

compiled) will not contain

provisions that will contradict or

would hinder the application of the

SEPP.

SEPP 62 Sustainable Aquaculture N/A Not applicable in the Shire of

Wollondilly

SEPP 64 Advertising and Signage N/A Not applicable to this PPR

SEPP 65 Design Quality of Residential Flat

Development Yes

The planning proposal will not

contain provisions that will

contradict or would hinder a future

application for SEPP (HDSP)

housing.

SEPP 70 Affordable Housing (Revised

Schemes) N/A

Not applicable in the Shire of

Wollondilly

SEPP 71 Coastal Protection N/A Not applicable in the Shire of

Wollondilly

SEPP (Affordable Rental Housing) 2009 Yes

The planning proposal (when

compiled) will not contain

provisions that will contradict or

would hinder the application of the

SEPP.

SEPP (Housing for Seniors or People

with a Disability) 2004 Yes

The planning proposal (when

compiled) will not contain

provisions that will contradict or

would hinder a future application

for SEPP (HSPD) housing.

SEPP (Building Sustainability Index:

BASIX) 2004 Yes

The planning proposal (when

compiled) will not contain

provisions that will contradict or

would hinder the application of the

SEPP. Future development

applications for dwellings will need

to comply with this policy.

SEPP (Kurnell Peninsula) 1989 N/A Not applicable in the Shire of

Wollondilly

SEPP (Major Development) 2005 N/A Not applicable to this PPR

SEPP (Sydney Region Growth Centres)

2006 N/A

Not applicable in the Shire of

Wollondilly

SEPP (Mining, Petroleum Production and

Extractive Industries) 2007 Yes

The planning proposal (when

compiled) will not contain

provisions that will contradict or

would hinder the application of the

SEPP.

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State Environmental Planning Policies (SEPPs) Consistency Comments

SEPP (Temporary Structures) 2007 N/A Not applicable to this PPR

SEPP (Infrastructure) 2007 N/A Not applicable to this PPR

SEPP (Kosciuszko National Park - Alpine

Resorts) 2007 N/A

Not applicable in the Shire of

Wollondilly

SEPP (Rural Lands) 2008 N/A Not applicable in the Shire of

Wollondilly

SEPP (Exempt and Complying

Development Codes) 2008 Yes

The planning proposal (when

compiled) will not contain

provisions that will contradict or

would hinder the application of the

SEPP at future stages, post

rezoning.

SEPP (Western Sydney Parklands) 2009 N/A Not applicable in the Shire of

Wollondilly

SEPP (Western Sydney Employment

Area) 2009 N/A

Not applicable in the Shire of

Wollondilly

SEPP (Sydney Drinking Water

Catchment) 2011 Potential to be

The planning proposal (when

compiled) will include a suite of

measures to ensure relevant water

quality objectives are realised.

Deemed State Environmental Planning Policies (DSEPPs) (Formerly Regional Environmental Plans)

Consistency Comments

REP 2 Georges River Catchment N/A Not applicable to this PPR

REP 9 Extractive Industries (No. 2) Yes

The planning proposal (when

compiled) will not compromise

realisation of regionally significant

extraction resources.

REP 20 Hawkesbury-Nepean River (No. 2

- 1997) Potential to be

Further consideration is required if

a Gateway Determination is

issued.

Drinking Water Catchments REP

No. 1 Yes

The planning proposal (when

compiled) will include a suite of

measures to ensure relevant water

quality objectives are realised.

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Annexure “F”

Assessment Against Section 117(2) Directions

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The table below assesses the Planning Proposal against Section 117(2) Ministerial Directions issued under the

Environmental Planning and Assessment Act (EP&A Act) 1979.

Ministerial Direction Applicable to

LEP Consistency of LEP

with Direction Assessment

1. EMPLOYMENT AND RESOURCES

1.1 Business and Industrial

Zones No N/A N/A

1.2 Rural Zones No Potential to be Justifiably inconsistent (refer to

Report Section 5.3.4)

1.3 Mining, Petroleum

Production and Extractive

Industries

No N/A Non constraining impact

1.4 Oyster Production No N/A Direction does not apply

1.5 Rural Lands No N/A Not applicable in the Shire of

Wollondilly

2. ENVIRONMENT AND HERITAGE

2.1 Environmental Protection

Zones Yes Yes

The planning proposal request

in its current form seeks to

conserve an environmentally

sensitive riparian area. No

environmental protection zones

currently apply to the site.

2.2 Coastal Protection No N/A Direction does not apply

2.3 Heritage Conservation No N/A

The site does not adjoin a

conservation area or a heritage

item. Standard Indigenous

heritage investigations will likely

be undertaken.

2.4 Recreation Vehicle Area No No Direction does not apply

3. HOUSING, INFRASTRUCTURE AND URBAN DEVELOPMENT

3.1 Residential Zones Yes Yes

Consistent. The proposed R2-

Low Density Residential and

R5-Large Lot Residential

zonings permit a range of fully

serviced types of residential

development in a location

adjacent to an expanding

existing urban area.

3.2 Caravan Parks and

Manufactured Home Estates Yes Yes

The planning proposal (when

compiled) will retain all existing

zones in which caravan parks

are permitted.

Therefore the planning proposal

will be consistent with Direction

No. 3.2.

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Ministerial Direction Applicable to

LEP Consistency of LEP

with Direction Assessment

3.3 Home Occupations Yes Yes

The R5-Large Lot Residential

and R2-Low Density Residential

zone provisions permit “home

occupations” without consent.

3.4 Integrating Land Use and

Transport Yes Yes

The PPR promotes the

rezoning of land adjoining the

expanding Oaks Urban Village

and its support

transport/accessibility

infrastructure.

3.5 Development Near

Licensed Aerodromes Yes Yes

Appropriate investigations will

be commissioned.

3.6 Shooting Ranges No N/A Direction does not apply

4. HAZARD AND RISK

4.1 Acid Sulphate Soils No N/A

Land in Wollondilly is not shown

as having a probability of

containing acid sulphate soils

as shown on the Acid Sulphate

Soils Planning Maps. Direction

does not apply.

4.2 Mine Subsidence and

Unstable Land No No

Land not situated within a Mine

Subsidence District.

4.3 Flood Prone Land Yes Potential to be

Further investigation is required

to establish that the planning

proposal is consistent with this

direction.

4.4 Planning for Bushfire

Protection Yes Yes Land not bushfire prone.

5. REGIONAL PLANNING

5.1 Implementation of Regional

Strategies No N/A Direction does not apply

5.2 Sydney Drinking Water

Catchments Yes Yes

The site is within the greater

Sydney Drinking Water

Catchment and appropriate

water quality management

initiatives will be required.

5.3 Farmland of State and

Regional Significance on

the NSW Far North Coast

No N/A Not applicable in the Shire of

Wollondilly

5.4 Commercial and Retail

Development along the

Pacific Highway, North

Coast

No N/A Not applicable in the Shire of

Wollondilly

5.5 Development in the vicinity

of Ellalong, Paxton and

Millfield (Cessnock LGA)

No N/A Revoked

5.6 Sydney to Canberra

Corridor (Revoked 10 July

2008. See amended

Direction 5.1)

No N/A Revoked

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Ministerial Direction Applicable to

LEP Consistency of LEP

with Direction Assessment

5.7 Central Coast (Revoked 10

July 2008. See amended

Direction 5.1)

No N/A Revoked

5.8 Second Sydney Airport:

Badgerys Creek No N/A Direction does not apply

6. LOCAL PLAN MAKING

6.1 Approval and Referral

Requirements Yes Yes

The proposal is consistent with

this direction because it does

not alter the provisions relating

to approval and referral

requirements.

6.2 Reserving Land for Public

Purposes No N/A Direction does not apply

6.3 Site Specific Provisions No N/A Direction does not apply

7. METROPOLITAN PLANNING

7.1 Implementation of the

Metropolitan Strategy Yes Yes

Consistent. Seeks to increase

housing supply at a local scale

in a location which is consistent

with the locational commentary

of the Plan.

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Annexure “G”

Sustainability Criteria for New Land Releases (Metropolitan Strategy 2005 - Overview)

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1. INFRASTRUCTURE PROVISION

Mechanisms in place to ensure utilities, transport, open space and communication are provided in a timely and

efficient manner.

A. Development is consistent with any relevant residential development strategy, regional infrastructure plan

and Metropolitan Strategy.

The proposal is consistent with Metropolitan and subregional planning and infrastructure strategies. Further, it is

consistent with local strategic planning objectives in respect of the development of The Oaks, in a broader context,

as detailed in Council's adopted Growth Management Strategy (GMS). Such strategy although under review,

particularly in light of the Greater Macarthur Land Release Strategy, is unlikely to have any significant implications

for the continued incremental growth of the Shire’s villages, including The Oaks. They will contribute to fulfilling a

different housing need.

B. The provision of infrastructure (utilities, transport, open space and communications) is costed and

economically feasible based on Government methodology for determining infrastructure contribution.

The proposed development will require enhanced utility services. The scale of augmentation and reticulation is likely

to be eminently affordable, given the projected yield.

C. Preparedness to enter into development agreement.

The owner is prepared to enter into development agreements to pay reasonable infrastructure contributions and the

like.

2. ACCESS

Accessible transport options for efficient and sustainable travel between homes, jobs, services and recreation to be

existing or provide.

A. Accessibility of the area by public transport and appropriate road access.

i. Location/Landuse; to existing networks and related activity centres.

The land is proximate to existing networks and activity centres.

ii. Networks; the areas potential to be serviced by economically efficient public transport systems.

The development prospects, even coupled with other development, are at best likely to lead to increased patronage

of bus services.

iii. Catchment; the areas ability to contain or form part of the larger urban area which contains adequate transport services. Capacity for landuse/transport patterns to make a positive contribution to achievement of travel and vehicle use goals.

The proposal is likely, together with other development, to contribute to the base for enhanced bus service provision.

B. No net negative impact on performance of existing sub-regional road, bus rail, ferry and freight network.

The proposed development will have negligible impact upon the local and subregional road network. Further,

investigations will identify any required local road upgrades.

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3. HOUSING DIVERSITY

Provide a wide range of housing choices to ensure a broad population can be housed.

A. Contributes to the geographic market spread of housing supply, including any government targets

established for aged, disabled or affordable housing.

The proposal will contribute to the level and diversity of housing supply with prospects of varied occupancy.

4. EMPLOYMENT LANDS

Provide regional/local employment opportunities to support Sydney’s role in the global economy.

A. Maintain or improve the existing level of subregional employment self containment.

Few employment opportunities are produced by the land in its current form. Some home based business

opportunities may emerge and/or local tradesman take up residence, together with construction phase related

employment.

B. Meets subregional employment category targets.

The development only contributes in the manner described above.

i. Employment related land is provided in appropriately zoned areas.

The proposal does not facilitate the creation of employment land which can be provided more strategically at a

subregional level elsewhere.

5. AVOIDANCE OF RISK

Landuse conflicts and risk to human health and life avoided.

A. Available safe evacuation (Flood and Bushfire)

Flooding does not have a significant adverse impact upon the proposed development. Further, the land is not

bushfire prone.

B. No residential development within 1:100 floodplain

The land may be subject to minor flooding impact associated with the riparian zone. The rationalisation/conservation

of such zone will seek to minimise such impact as will be attested to by further investigation.

C. Avoidance of physically constrained land: high slope, highly erodible

The site, apart from the riparian area, does not include physically constrained land. Further, detailed review of such

limited sensitivity will influence the final subdivision layout, yield and guide future residential development

parameters.

D. Avoidance of landuse conflicts with adjacent, existing or future landuse and rural activities as planned under

regional strategy

The proposal will be consistent with existing/proposed residential development and will in effect reduce the

prospects of landuse conflict between urban and rural/rural-residential uses.

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6. NATURAL RESOURCES

Natural resource limits not exceeded/environmental footprint minimised.

A. Demand for water does not place unacceptable pressure on infrastructure capacity to supply water and

environmental flows.

Infrastructure will need to be amplified in response to the development, with such cost being met by developers. A

total water cycle management strategy will be developed and include a Water Sensitive Urban Design focused

stormwater management strategy.

B. Demonstrates most effective/suitable use of land.

i. Avoids significant agricultural land

The land does not have a classification as prime agricultural land. Further, to achieve viability would require

intensive operations and major capital investment. Such investment is not likely to be forthcoming given the inherent

value of the land and typical rural/urban conflicts.

ii. Avoids impacts on productive resource lands; extractive industries, coal, gas and other mining and quarrying.

No adverse impacts on such resources are occasioned by the proposed development. Sub surface mining can occur

(should it ever be designated), subject to surface development observing relevant mine subsidence parameters.

iii. Demand for energy does not place unacceptable pressure on infrastructure capacity to supply energy; requires demonstration of efficient and sustainable supply solution.

Augmentation of local energy supply will be required. Developer funding will meet such costs and produce a

sustainable supply solution.

7. ENVIRONMENTAL PROTECTION

Protect and enhance biodiversity, air quality, heritage and waterway health.

A. Consistent with Government approved Regional Conservation Plan (if available).

No strategy exists or is proposed. The retained remnant vegetation will be better managed and the riparian zone

enhanced.

B. Maintains or improves areas of regionally significant terrestrial and aquatic biodiversity (as mapped and

agreed by DEC and DPI). This includes regionally significant vegetation communities; critical habitat;

threatened species populations; ecological communities and their habitats.

There is no known Conservation Management Zones identified in the Ecological Australia map of 2001 (also refer to

A above).

C. Maintain or improve existing environmental condition for air quality.

No urban release could claim to have no adverse impact. Any impact associated with the proposed development is

likely to be minimal.

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The development, together with other local development, will contribute to the potential provision of enhanced local

bus services, which will also provide a means of alternative movement for some residents.

D. Maintain or improve existing environmental condition for water quality and quantity.

i. Consistent with community water quality objectives for recreational water use and river health (DEC and CMA).

Application of Water Sensitive Urban Design (WSUD) principles to proposed development will improve the current

situation in pursuit of the subject objectives.

ii. Consistent with catchment and stormwater management planning (CMA and local Council).

Achievable through application of principles of WSUD.

A. Protects areas of Aboriginal cultural heritage value (as agreed by DEC).

None known to exist. If identified in further investigations as the relevant Planning Proposal is progressed,

appropriate management strategies will be developed.

8. QUALITY AND EQUITY IN SERVICES

Quality health, education, legal, recreational, cultural and community development and other government services

accessible.

A. Available and accessible services.

i. Do adequate services exist? ii. Are they at capacity or is some available? iii. Has Government planned and budgeted for service provision?

Capacity thresholds may be approached in respect of some services. It is clear in such context that the proposed

development will impact upon social infrastructure provision beyond the site. Appropriate and reasonable developer

contributions are critical to the required enhancement.

B. Developer funding for required upgrade/access is available.

Commitment to reasonable developer funding is central to the development proposal.

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Annexure “H”

Concept Plan

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