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Agenda

Extraordinary Meeting of Council

10 June 2008

The meeting commences at 6.30pm. If members of the public are

not interested in any business recommended to be considered in

Closed Session or there is no such business, Council will ordinarily

  commence consideration of all other business at 7pm.

 


 

Notice of Meeting

 

Dear Councillors

 

Notice is given of the Extraordinary Meeting of Council, to be held in the Council Chambers, Lower Ground Floor, 48 Longueville Road, Lane Cove on Tuesday 10 June 2008 commencing at 6:30pm. The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully



Peter Brown

General Manager

 

Council Meeting Procedures

 

The Council meeting is chaired by the Mayor, Councillor Ian Longbottom. Councillors are entitled to one vote on a matter. If votes are equal, the Chairperson has a second or casting vote. When a majority of Councillors vote in favour of a Motion it becomes a decision of the Council. Minutes of Council and Committee meetings are published on Council’s website wwww.lanecove.nsw.gov.au by 5pm of the Thursday following the meeting.

 

The Meeting is conducted in accordance with Council's Code of Meeting Practice. The order of business is listed in the Agenda on the next page. That order will be followed unless Council resolves to modify the order at the meeting. This may occur for example where the members of the public in attendance are interested in specific items of the agenda.

 

Members of the public may address the Council Meeting on any issue for a maximum of 3 minutes during the public forum which is held at the beginning of the meeting. All persons addressing the Meeting must speak to the Chair. Speakers and Councillors will not enter into general debate or ask questions.

 

If you do not understand any part of the information given above; require assistance to participate in the meeting due to a disability; or wish to obtain information in relation to Council, please contact Council’s Manager Governance on 99113525.

 

Please note meetings held in the Council Chambers are recorded on tape for the purposes of verifying the accuracy of minutes and the tapes are not disclosed to any third party under section 12(6) of the Local Government Act, except as allowed under section 18(1) or section 19(1) of the PPIP Act, or where Council is compelled to do so by court order, warrant or subpoena or by any other legislation.

 

 

 


Extraordinary Meeting of Council 10 June 2008

 

TABLE OF CONTENTS

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

OPENING OF MEETING WITH PRAYER

 

ACKNOWLEDGMENT TO COUNTRY

 

MATTERS RECOMMENDED BY THE GENERAL MANAGER TO BE CONSIDERED IN CLOSED COMMITTEE

 

public forum

 

Members of the public may address the Council Meeting on any issue for 3 minutes.

 

 

CONFIRMATION OF MINUTES

 

1.      EXTRAORDINARY MEETING OF COUNCIL - 2 JUNE 2008

 

Environmental Services Division Reports

 

2.       Environmental Services Division Report No. 33

SUBJECT: Draft Comprehensive Local Environmental Plan (DLEP 2008)

 

QUESTIONS WITHOUT NOTICE

 

 

 

                


Extraordinary Meeting of Council Meeting 10 June 2008

 

Environmental Services Division Report No. 33

 

 

 

 

 

Reference:    Environmental Services Division Report No. 33

Subject:          Draft Comprehensive Local Environmental Plan (DLEP 2008)    

Record No:    SU1454 - 19730/08

Author(s):       Michael Mason; Stephanie Bashford; Brendan Metcalfe 

 

 

Executive Summary

 

This Report presents to Council Draft Comprehensive Local Environmental Plan (DLEP 2008). This document proposes amendments to DLEP 2007, made following the exhibition of the plan earlier this year, and is attached at AT 1. The amended maps are circulated in hard copy and are available on the website.

 

DLEP 2008 responds to the many submissions made by the community and government authorities, and reports prepared for Council by consultants on specialised issues. DLEP 2008 is also a technical update to conform with the third version of the NSW Standard LEP (Template) and the NSW Infrastructure SEPP, both of which commenced on 1 January 2008 while the DLEP was on exhibition.

 

Key changes proposed within DLEP 2008 include:-

 

·     reduced residential zonings, to decrease the new dwellings total from 3,300 to 2,500 over Stage 1 (1-15 years) of the plan (with some reconfiguration of zonings) – it should be made clear that this does not alter Council’s commitment to fulfil the balance of the 3,900 dwelling target in the Stage 2 15-25 year period however

·     a range of increased commercial floor space ratios in St Leonards and Lane Cove West Business Park to ensure economic viability

·     Environmental Conservation E2 Zone over the existing Bushland 6(b) zone

·     a restricted covenants clause which no longer permits suspension of existing covenants in residential zones 

·     heritage amendments for a limited number of sites being exhibited shortly after discussion with owners.

 

In view of these substantive amendments, it is recommended that Council resolve to exhibit Draft LEP for a second time, for a period of one month, in accordance with sections 66-68 of the Environmental Planning & Assessment Act.

 

This would provide an opportunity for people who have made submissions involving potentially substantial changes, such as to commercial floor space ratio, to receive public comment. A second exhibition will enable Council to consider community views and concerns regarding the re-exhibited amendments. It does not commit Council to agree to all of those proposals after the second exhibition when finalising the LEP.

 

Certain matters, such as Environmental Protection areas, will continue to be investigated and reported on following the second exhibition.

 

Background

 

Exhibition & Consultation

 

Council resolved on 17 December 2007 to endorse DLEP 2007 as certified by the Department of Planning on 13 December for public exhibition. Exhibition was held from 29 December 2007 to 29 February 2008, with the submissions period extended to 17 March. Public meetings were held for the St Leonards commercial centre, Marshall Avenue and Lane Cove West Business Park on 23 January. An information session held for residents on 6 February was attended by over 300 people, and a video summary was made available on the website for those unable to attend. Staff were available each weekday and on two Saturdays, provided a telephone hotline and held several meetings with individual property owners.

 

The exhibition was advertised in the Sydney Morning Herald, North Shore Times, Northside Courier and The Village Observer. Letters advising of the exhibition were sent to the 14,000 property owners, adjacent councils and thirty government authorities. The exhibition materials were also reproduced in electronic format on Council’s website.

 

A series of independent consultants’ reports were commissioned: (i) by Hill PDA on the economic viability of the FSRs exhibited (AT 2) (ii) by Gennaoui Pty Ltd on traffic assessment for growth areas (AT 3) and (iii) by Dickson Rothschild on heritage items proposed by the public (for supplementary exhibition to held shortly), as well as a Height Study to be completed to support the DCP, and proposals being prepared by City Plan Urban Services as consultant on controls for the Lane Cove Village (see submissions).

 

Meetings were held with staff of the Department of Planning in March and May, with major issues discussed including the residential growth targets, development scale in the commercial areas, covenants and the zoning of bushland. Three Councillor Workshops were held, in March, April and May.

 

Template Requirements

 

The NSW Standard LEP’s third version required an amendment of DLEP 2007 to incorporate new numbering, additional mandatory land uses, transfer of some uses to the Infrastructure SEPP (eg commercial use of schools), amendments to other clauses (eg now permitting exempt development on heritage items). An important change is that greater clarity and flexibility in height controls is permissible, with the LEP-mapped height standards development being able to be supplemented by DCP controls (eg number of storeys, building height planes and ceiling height).

 

An issue which has caused concern in the community is that infrastructure zones which are currently Special Uses 5(a) in the LEP 1987, for example for schools, hospitals and other essential social infrastructure, are required to be rezoned in the DLEP to the adjacent zone, generally residential. The Infrastructure SEPP confirms this new land use approach, providing for the “efficient development, redevelopment or disposal of surplus government owned land” on such sites, and their redevelopment for residential or other uses as permitted in an adjacent zone, so that Council’s request to retain the infrastructure zoning has been dismissed by the Department.

 

Submissions

 

In total approximately 630 submissions were received. A copy of the full set of submissions has been circulated to each Councillor and senior staff members in hard copy and electronically. The estimated 3,750 comments were compiled and condensed (due the duplication of comments) into a spreadsheet with approximately 200 comments by 22 topics (eg zoning and traffic), 29 localities (eg Wood Street or Municipality), and alphabetically by submitters’ names (for internal use only) as discussed below. 

 

Discussion

 

Council’s approach in assessing the submissions has been to listen to the community’s detailed knowledge of its locality, retaining Council’s Sustainable Growth Criteria as the basis for residential rezonings and presenting the community’s case to the Department for measured and reasonable housing growth targets for the first 15 years. It is understood that this would not reduce the Department’s ultimate requirement for 3,900 new dwellings over 25 years, but would allow the community in fifteen years time to have a more targeted role in determining their location in Stage 2 of the LEP. Additionally LEPs are required under the State Government’s Template process to be reviewed every five years to monitor growth rates.

 

Similarly, businesses have had an opportunity to provide information on site-specific factors affecting their development capacity and needs under the DLEP.

 

A set of Submissions Summary sheets providing details on key sites of concern to the broad community is attached at AT 4. A detailed Submissions Review spreadsheet with responses to submissions is attached at AT 5.

 

The amended DLEP maps show the revised zonings.

 

1.         Residential Areas

 

Councillors, in their recent Workshops, reaffirmed their support of the community in its concerns at the high target set by the Department of Planning, and stated that they consider 2,500 dwellings, or 65% of the target, to be a reasonable and measured maximum level to provide by 2021 (15 years being 60% of the 25 year period to 2031). This view is supported as it would allow Council to monitor dwelling numbers and to adjust the DLEP accordingly.

 

In recognition of the community’s submissions, the Department, which had required rezonings for a potential 3,300 dwellings (85%) to be exhibited in DLEP 2007, has advised that it would accept 2,700 (70%) yield for Stage 1 of DLEP 2008.

 

DLEP 2008 therefore proposes changes from the residential zonings exhibited in DLEP 2007, with the aim of providing a measured and realistic Stage 1 for future population growth.

 

 

In overview it is recommended that the areas to be rezoned for changed residential densities be amended as follows.

 

Areas deleted

 

Retain as Low Density Residential R2 Zone for detached houses:-

·     Parklands Avenue/ Landers Road: – to preserve social cohesion, housing stock quality and family housing near an area of high density

·     Wood Street – to rely on other precincts with greater potential for change to accommodate ”downsizing” residents

·     Mowbray Road, east of Centennial Avenue (above Roslyn Street) and west (above Gordon Crescent) – due to topographical constraints and adverse impacts to amenity for residences downhill

·     Gordon Crescent – due to topographical constraints.

 

Retain as Medium Density Residential R3 Zone for townhouses:-

·     Kara Street:– to provide housing mix near houses and flats zones

 

Rezone to Local Centre B2 Zone:-

·     Pacific Highway from Longueville Road to Gatacre Avenue – to minimise shadowing of residences to south, while allowing for viable redevelopment of businesses with apartments above.

 

Areas proposed for increased residential density

 

·     Shell site at 150 Epping Road – to provide apartments including affordable housing in walking distance of the Business Park and major transport corridors

·     Murralah Place – townhouses to upgrade Department of Housing stock near shops and transport and assist in facilitating affordable housing, at a transitional scale between the medium density to the east and low density to the west. This should be reviewed in five years having regard to the Economic Study’s view that townhouses would not be viable. The same approach should be taken to the Figtree St block, which was supported by Councillors in their workshops for townhouses only.

·     11-47 Longueville Road (from new bus stop to Highway) – increase FSR:1 to 2.5:1 (approximately 8-9 storeys) to provide apartments close to CBD and transport corridor

·     2 Canberra Avenue – FSR increased to 2:1 as requested by the body corporate, this being equitable for the small 1,325m2 site with 5 to 7-storey flats in Duntroon Avenue adjacent

·     Finlayson Street/ Birdwood Avenue – increase in FSR to 2:1 (6-7 storeys) for redevelopment viability

 

Seniors’ Living

 

A range of changes relate to the provision of suitable accommodation for an ageing population:-

 

·     Pottery Gardens – seniors’  living (at 2 Central Avenue) FSR is increased to 1.5:1 and 15 metres (5 storeys) to allow a modernised redevelopment of this ageing complex with lifts

·     Waterbrook Stage 2 – Nield Avenue is increased to FSR of 1.5:1 and height 15 metres – this is exhibited in response to the owner’s submission and in the interest of promoting retirees’ accommodation close the St Leonards centre; however it would be subjected to shadow and other merit analysis during the second exhibition, having regard to the submissions expressing concern at DLEP 2007’s exhibited FSR  of 1.2:1 and height of 12 metres

·     Caroline Chisholm nursing home – This is rezoned from townhouses to High Density R4, with FSR of 1.5:1 and height of 18 metres, to reflect its  current use as a retirement village

·     Greenwich Hospital – Height is increased to 18 metres to permit upgrading in accordance with modern Commonwealth standards, from the inappropriate 9.5m height resulting from its low density housing zone and FSR of 1.5:1.

 

A table showing the recommended revised dwelling numbers is attached at AT 6.

 

Council continues to support the rezoning of the Shell Service Station site at 150 Epping Road, outdated since the reduction in Epping Road traffic due to the M2 and Tunnel, from industrial to High Density Residential R4.  The community has strongly supported this approach in their submissions, as contributing to the Metropolitan Strategy residential growth without unreasonable impact on surrounding residential areas.  The advantages would also include: the provision of housing within walking distance of an employment centre (Lane Cove West Business Park), including an affordable component, proximity to transport and the M2 route, residential amenity with river views to Lane Cove National Park and recreational opportunities around Stringybark Creek.

 

It is recommended that the Department of Planning support Council and the manner in which the DLEP 2008 responds to the community’s expressed preferences in zoning the Shell site to R4.

 

The Department of Housing requested that the Mindarie precinct, between Cumberland Avenue and Girraween Avenue, be rezoned not only from houses to townhouses, as requested formerly, but to high density for flats. That Department owns 40% of the houses in that area and wishes to maximise the value of its public housing stock. The Department of Planning’s view, as articulated by an officer of the Sydney Region East office, is that the proposal for flats would provide a housing mix together with the townhouses along Mowbray Road’s southern side and the detached houses along Willoughby’s northern side, in the catchment of Mowbray Public School, and that a small Neighbourhood Shops B1 zone should be located in this vicinity on Mowbray Road. This has been proposed in the exhibition maps around a location where shops currently have existing use rights to confirm their status. In view of position of Council and the community about the significant proportion of high density already in Lane Cove North, this area remains unchanged from DLEP 2007, however, in accordance with the Department of Housing’s original request.

 

The rezoning of Murralah Place, where the Department of Housing owns 30% of houses, rezoning for townhouses responds to that Department’s request for density increase. This is preferable to the alternative of flats, which would be out of scale with the detached housing to the west, in Cope Street, and the low-scale flats to the east, in Best Street, and produce higher vehicle numbers exiting on to Penrose Street.

 

Alternative Sites

 

The community proposed a wide range of alternative areas to the sites exhibited. Some, including Shell and Marshall Avenue, have had Council’s support. Others, eg Longueville, do not meet criteria for locations close to centres. The full list of alternatives is included in the spreadsheet at AT 6.

 

Economic Viability Study

 

The amendments proposed above take into account the Hill PDA study (AT 2), which supported the FSR for many of the areas as exhibited, and recommended certain other areas for increased FSR to ensure their viable redevelopment.

 

Traffic Study

 

The Traffic Study undertaken by Gennaoui Pty Ltd (AT 3) assessed the impact of residential growth areas under DLEP 2007. The study concluded that increased vehicle numbers would not alter the functionality of any relevant intersections, and that although traffic in local streets in the vicinity would increase, the streets would continue to function satisfactorily, subject possibly to traffic management measures. Traffic was not in itself a ground for rejecting the proposed residential rezonings.

 

Residential Heights

 

A large number of submissions also expressed concern that 3 storey houses would be permissible in the Low Density Residential R2 zone.  This could result from the technical difficulty of explaining height and villa controls in the DLEP 2007.  In that exhibited version, a 9.5m height limit applied to continue the 9.5m limit currently in the Dwelling House Code, which also limits ceiling height to 7.0m.  As height was able to be expressed only in the DLEP, not in the DCP, this would permit 3 storey flat roofed houses of 9.5m with greater bulk than a pitched roof of 9.5m. 

 

The Department has now relaxed its policy so that the DLEP’s height controls may be supplemented by DCP controls, such as building envelopes, number of storeys etc.  Lane Cove’s Comprehensive DCP will specify that only two storey housing is permitted in the R2 zone and that ceiling heights are limited to 7m. The Height Study will guide the approach to height in the DCP.

 

Multi Dwelling Housing

 

Similarly numerous concerns related to ‘multi dwelling housing’ being introduced in the land use table for the Low Density Residential R2 zone and that this would permit flats up to three storeys (as above).

 

‘Multi dwelling housing’ is the new terminology for ‘villas’ (LEP 1987) and their height is limited to 5 metres in the DLEP (to be confirmed in the DCP as permitting single-storey dwellings with pitched roofs).  Understanding this terminology, due to the Mapping Guidelines and text definitions’ adds complexity to this issue.  However the only substantive difference is that this form of housing, aimed to allow older residents to remain in their suburbs when downsizing homes, now extends to both the current Residential 2(a1) and 2(a2) (waterfront) zones ie. throughout the Low Density Residential R2 zone, and this has not raised community concern.

 

2.         Employment Areas

 

(i)         St Leonards Commercial Centre

 

The priority for St Leonards is to provide revitalisation of the ageing commercial area on Lane Cove’s southern side of Pacific Highway, while respecting the amenity of the residential properties in Canberra/ Marshall Avenues and Christie/ Lithgow Streets. A commitment was made to North Sydney Council that the residential precinct east of Oxley St would also be protected. The public domain in Christie St South and Plaza is also important.  At the same time, the DLEP process offers a rare opportunity to promote the St Leonards Specialised Centre’s modernisation and economic future.

 

Council’s 3D modelling software was used as a basis for the acceptable scale of buildings, as in other areas of the municipality. It is important to make clear to submitters that the shadowing from their proposals cannot be considered in isolation. The shadow impact of all potential developments had been assessed by staff as a cumulative shadow envelope, in relation to residential properties nearby in accordance with Council’s existing solar access policies i.e. a minimum of 3 hours sunlight per day.

 

Issues were raised both by commercial property owners and residents of Marshall Avenue, objecting to the exhibited FSRs, which had been based on the scale of recent developments and were subsequently confirmed by Hill PDA. However comments involved site-specific factors which were not available to the planning staff or consultant. For example, if Norths Rugby Club does not seek to redevelop in the foreseeable future, adjacent properties to its north may require higher floor space to redevelop their ageing but larger buildings in a shorter timeframe, as the economies of scale would be diminished.

 

If the St Leonards centre stagnates, it would disadvantage both the commercial sector and its residential precinct. Additional considerations are the aims of the St Leonards Strategy and Draft Inner North Subregional Strategy for St Leonards as a Specialised Centre. A balance between the interests both of residential and commercial owners is expected to result in benefits to all parties, with the improved amenity of the café/ shops/ business precinct, public domain and pedestrian linkages to the centre and transport, and on this basis it is recommended that the FSRs be increased for exhibition to include:-

 

·     Telstra site – 530 – 542 Pacific Hwy: FSR to 17:1 (from part 10:1 / 12:1) and Height to 72.5m (from 50m / 65m) – this aims to compensate for the high cost of relocating the ageing telephone exchange

·     Pacific Highway to 82 Christie St: FSR to part 10:1 / 14:1 (4.5:1) and Height to 45 / 62m (25m)

·     472 Pacific Hwy: FSR to 12:1 (6:1) and Height to 65m (36m)

·     458 Pacific Hwy: FSR to 6:1 (2:1) and Height to 36m (15m)

·     Marshall Avenue: FSR to 5:1 (3:1) and Height to 35m (25m).

 

The sector west of Berry Road is not proposed for change from DLEP 2007, that is, an FSR of 3:1.  This is aimed at infill for a few commercial terrace sites only, rather than major changes to the existing scale along Pacific Highway. A submission has requested FSR and height increases for the 7-storey Clemenger Building (on the south-eastern corner of Pacific Highway/ Portview) and Mixed Use zoning. To be viable, this would require a substantially higher scale which, when followed by adjacent buildings, would result in unprecedented height in the area and unacceptable shadowing of residences downhill. This area should be reconsidered in the 15-25 year stage, together with a review of the residential zone to the south, subject to the level of commercial and residential demand following development in the interim within the St Leonards centre, including the RNS Hospital site.

 

(ii)        Pacific Highway/ Longueville Intersection

 

The DLEP 2007 proposed that the underused commercial area east of this intersection to Allison Avenue be rezoned for residential flats. The Economic Viability study however showed that the FSR for the Longueville to Gatacre block would have to be at an FSR of 4:1, whether residential or commercial. Development at this scale would, however, produce unacceptable shadowing of residences in Mafeking Avenue, in particular residential flats due to the landscaping setbacks and consequent height outcomes.

 

The viability of retail here has diminished with the Tunnel works reducing accessibility for passing trade. Parts of the strip are rundown and the suburb would benefit from a new “gateway”, but this should be achieved with minimum impacts on residential amenity.

 

It is recommended now that this commercial strip be zoned Local Centre B2, allowing for shoptop housing (which requires minor setbacks only, and may be developed above businesses) and modern office accommodation close to the centre and buses with long-distance views. The FSR should be exhibited at 2.5:1, consistent with the Village, with accompanying shadow diagrams and height concept plans for community consideration. If this does not proceed, the area should be reconsidered in the five-year review period.

 

(iii)       Mowbray Road

 

In the area of Mowbray road opposite the Mowbray Public School, there are a small cluster of shops which have had existing use rights for many years, being zoned for detached housing. It is proposed to rezone these to Neighbourhood Shops B1.

 

(iv)       Lane Cove West Business Park

 

Submissions have been made requesting that the FSR and height in this light industrial area be increased to a minimum of 1.5:1 and possibly up to 3:1 in order to be competitive within the Global Economic Corridor between Macquarie Park, Artarmon Industrial Area, the former ABC site etc.  The commissioned Hill PDA’s economic assessment was that 1:1 remains viable under current conditions. Their brief did not, however, include future market trends which concern the industrial owners.

 

The Department has been reluctant to accept a higher FSR than 1:1, due to the need to retain traditional light industry to service inner city needs such as car repairs. Lane Cove’s Business Park no longer has this character however, as shown by Council’s land use survey of 2000 indicating that approximately 50% of uses there were high tech.

 

It is recommended that the Department be requested to support a 1.5:1 FSR for exhibition. A higher FSR is not supported by Council’s Traffic Section on the grounds of traffic capacity limitations on Sam Johnson Way. Macquarie Park’s FSR is predominantly between 1:1 – 2:1, with only a small proportion being 3:1, and this area has a rail station. The Artarmon Industrial Area is 1:1; the former ABC site has higher areas including FSR 1.5:1.

 

A submission relating to the Business Park’s neighbourhood shops makes a case for locating these on 16 Mars Road, which is central to the area and has adequate floor space capacity to meet the workforce’s needs. This, however, is a development assessment matter and does not involve changes to the DLEP.

 

3.         Miscellaneous Issues

 

3.1       Covenants

 

The community has again very clearly expressed its objection to a generic clause (clause 8A in DLEP 2007) being imposed throughout Lane Cove so as to permit the suspension of covenants  on residential lands to permit development.

 

Council has continued to be strongly opposed to this clause in relation to covenants over residential land in particular. Notwithstanding this, the suspension of covenants is supported in relation to a limited number of sites:-

 

·     The former bowling club, western portion, at 304 Burns Bay Road, to facilitate an integrated residential precinct and enhanced public park.

·     The shell site at 150 Epping Road, strongly supported by the community for apartments rather than industry.

·     The Police Station at 47 Burns Bay Road, recently purchased by Council.

 

Upon gazettal of the LEP, all of those sites would be zoned High Density Residential R4. 

 

DLEP 2008 replaces the generic clause 8A (now Clause 1.8A) with a clause specifying that the suspension of covenants clause is not to apply to covenants which existed in residential zones up until the date when the DLEP comes into effect.

 

It is recommended that the Department be requested to support this approach.

 

3.2       Bushland Zoning

 

Considerable community concern has been expressed at the Department of Planning’s refusal to allow Lane Cove to apply the Environmental Conservation E2 to the Bushland 6(b) Zone which currently distinguishes bushland from the Open Space Recreational 6(a)’s sporting fields etc. The E2 zone’s aims are “to protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values”. The DLEP 2007 was required to combine all open space into a single Public Recreation RE 1 Zone, with the potential for incremental loss of natural environment to meet the increasing population’s demand for sporting fields etc. Similar concerns have been expressed by other Sydney councils.

 

Following repeated representations by Lane Cove Council over the past two years, the Department has indicated that it will now actively reconsider the position. The zoning maps have on that basis been amended to the E2 zone, and it is recommended that Council support this zoning and that a submission be made to the Department on the grounds of the high value of Lane Cove’s bushland areas. The Department of Environment and Climate Change’s submission supports this approach.

 

In the alternative, if the Department of Planning does not accept the submission as to the bushland’s high value for the E2 zoning, a local bushland map would be proposed as a Local Map to the LEP to protect natural environment within the Public Recreation RE1 Zone.

 

It is recommended also that clause 42 be expanded to refer to the protection of environmental values in areas marked both on the Riparian Map and in the E2 zones (now cl.6.2).

 

3.3       Reclassification of Land

 

It will be necessary to hold a public hearing into the proposed reclassification from community to operational land of (i) 304 Burns Bay Road, part of the former bowling club site, to contribute to the residential redevelopment of the outdated industrial zone and (ii) 10 Chaplin Drive, a strip of land of approximately 550m2 which may be of use for small-scale shops, off-street parking or other benefit to the local workforce. As these sites were exhibited already in DLEP 2007, Council can resolve immediately to undertake the hearing while any new DLEP amendments may be on exhibition.

 

3.4       Heritage

 

The Heritage Study will be reported to Council at a subsequent meeting. However the consultants have recommended that 18 Bellevue Avenue be deleted from the Heritage Register on the grounds of its low value within the streetscape and deterioration of quality. A detailed statement of significance will be provided with the full report at that meeting.

 

Community Consultation for DLEP 2008

 

Statement of Intent

 

The consultation is designed to inform and invite submissions on the DLEP 2008. Any comments received will be reviewed and evaluated to determine whether or not to proceed with amendments to the plan.

 

 

 

Inform & Consult

Inform

Consult

 

Open

Targeted

Targeted

Target Audience

Lane Cove Community,

Adjacent Councils

Community Progress Associations and groups, Lane Cove ALIVE

Council Staff

Proposed Medium

Advertisements,

Press release,

Public Exhibition at Civic Centre,

Plaza display (staffed),

E-newsletter,

Website Exhibition, Public hearing for requisite Council properties

Strategic eBulletin

Information session

Indicative Timing

June-July 08

June-July 08

June-July 08

 

Conclusion

 

Regard has been had to the range and content of public submissions received during the exhibition

of DLEP 2007 from December 2007 to February 2008. A considerable effort has been put in by the

community to involve themselves in the development of the DLEP, contributing to Council’s

understanding of local and site-specific factors in each area. A series of amendments is proposed

to the DLEP with the aim of responding to these issues appropriately.

 

The submissions support in particular: a reduction in the residential growth levels, increased

commercial and industrial floor space ratios to ensure economic viability of employment areas and

revitalisation of centres, and the protection of the environment and residential amenity.

 

Amendments proposed for a second exhibition of the DLEP include:-

 

·     reducing the housing target to 2.500 new dwellings over the plan’s first 15 years, with the deletion and addition of certain medium and high density rezonings

·     increasing FSRs by a range of levels in the St Leonards centre and Marshall Lane precincts, and the FSR in Lane Cove West Business Park to 1.5:1

·     applying the Environmental Conservation E2 zone to the former Bushland 6(b) zone

·     limiting the generic covenants clause, so that it would not permit the suspension of existing covenants in residential zones.

 

It is recommended that Council adopt the amendments to the DLEP attached to this report at

AT 1 for a second exhibition, to be held for a period of 28 days.AT 1 for a second exhibition, to be held for one month.

 

 

RECOMMENDATION

 

That:-

 

1.         Council adopt for a second exhibition the Draft Comprehensive Local Environmental Plan, adopted on 20 September 2004 by Council and authorised by the Department of Planning on 13 December 2007, incorporating the amendments attached to this report, in accordance with the Environmental Planning & Assessment Act 1979 and the Department of Planning’s “Best Practice Guidelines”.

 

2.         The Department of Planning be requested to authorise the amended Draft LEP for public 

             exhibition for a period of 28 days.

 

3.         A public hearing be held into the reclassification to operational land of 304-314 Burns Bay 

            Road and 10 Chaplin Drive, as exhibited from 29 December 2007 to 29 February 2008, in

            accordance with section 68 of the Environmental Planning & Assessment Act 1979 and 

            section 29 of the Local Government Act 1993.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Draft LEP 2008 (text)

100 Pages

 

AT‑2 View

Hill PDA Economic Viability Study, May 2008

73 Pages

 

AT‑3 View

Traffic Study by Gennaoui Pty Ltd  May 2008

34 Pages

 

AT‑4 View

Submissions Summary - DLEP 2007

23 Pages

 

AT‑5 View

Submissions Review spreadsheet

17 Pages

 

AT‑6 View

Dwelling growth numbers

6 Pages

 

AT‑7 View

LEP Zoning Maps

13 Pages