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
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Notice of Meeting
Dear Councillors
Notice is given of the Extraordinary Meeting of Council, to be held in the Council Chambers, Lower Ground
Floor,
Yours faithfully
Peter Brown
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.
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TABLE OF CONTENTS |
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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
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Environmental
Services Division Report No. 33 |
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Reference: Environmental
Services Division Report No. 33
Subject: Draft Comprehensive
Local Environmental Plan (DLEP 2008)
Record No: SU1454 - 19730/08
Author(s):
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
· 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,
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:-
·
·
·
·
Retain as Medium Density Residential R3 Zone
for townhouses:-
·
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
· 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
·
·
·
Seniors’ Living
A range of changes relate to the provision of suitable
accommodation for an ageing population:-
·
· 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
·
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
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
The rezoning of
Alternative Sites
The community proposed a wide range of alternative areas to the sites
exhibited. Some, including Shell and
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
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
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 –
·
·
·
·
The sector west of
(ii) Pacific Highway/ Longueville
Intersection
The DLEP 2007
proposed that the underused commercial area east of this intersection to
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
(iv)
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
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
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
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
· The shell site at
· The Police Station
at
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
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
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.
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Inform
& Consult |
Inform |
Consult |
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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.
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 Road and accordance with section 68 of the
Environmental Planning & Assessment Act 1979 and section 29 of the Local
Government Act 1993. |
Executive Manager
Environmental Services Division
AT‑1 View |
Draft LEP 2008 (text) |
100 Pages |
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AT‑2 View |
Hill PDA Economic
Viability Study, May 2008 |
73 Pages |
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AT‑3 View |
Traffic Study by Gennaoui
Pty Ltd May 2008 |
34 Pages |
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AT‑4 View |
Submissions Summary -
DLEP 2007 |
23 Pages |
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AT‑5 View |
Submissions Review
spreadsheet |
17 Pages |
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AT‑6 View |
Dwelling growth numbers |
6 Pages |
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AT‑7 View |
LEP Zoning Maps |
13 Pages |
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