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Ordinary
Council Meeting 19 October 2009
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Environmental Services Division Report No.
43
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Reference: Environmental Services Division Report No. 43
Subject: Draft Comprehensive Development Control Plan - Finalisation
Record No: SU3396 - 40777/09
Author(s): Stephanie Bashford;
Vivienne Albin
Executive
Summary
Council is
requested to adopt as final the Draft Comprehensive Development Control Plan
2009 (CDCP) in accordance with the Environmental Planning and Assessment Act
and Regulation. This is a priority, as the CDCP is a companion document to the
Comprehensive Local Environmental Plan (LEP) and the timing of the LEP’s
gazettal is interrelated to the DCP’s finalisation.
The CDCP has
been developed over the past nine months to complement and support the
Comprehensive Local Environmental Plan (currently DLEP 2008), in providing for
development that will satisfy the requirements of the Department of Planning’s
Metropolitan Strategy for Sydney and Draft Inner North Subregional Strategy to
achieve their residential and employment targets.
Public
exhibition of the Draft CDCP was undertaken over six weeks in July-August this
year, with approximately 80 submissions being received. A number of amendments
have been made to the CDCP in response to the issues, concerns and information
provided by the Lane Cove community.
It is
recommended that the Comprehensive CDCP be adopted and staff instigate
necessary procedural activities.
Having regard to
the size of the attachments, the CDCP section amendments (AT1) and
Submissions Summary (AT 2) have been circulated as separate documents in
hard copy to Councillors, are on the website and follow the link below to view
the attachments :-
http://www.lanecove.nsw.gov.au/Council Services/Development Control/Draft Plans
Exhibitons and Rezonings/LaneCoveCDCP.htm
Background
The
Comprehensive Development Control Plan review was undertaken with three aims:-
(i) to consolidate Council’s twenty separate
DCPs into a single, comprehensive development control
plan, as a requirement of the
NSW planning reforms introduced since April 2006 to be undertaken by Council
before the date of gazettal of the Comprehensive Local Environmental Plan,
(ii) to update the form and
content of plans which have been prepared since the early 1990s, in accordance
with modern planning practice; and
(iii) to introduce development
guidelines for the projected residential and employment growth under the
Metropolitan Strategy for Sydney, in a range of areas in Lane Cove under the
new Comprehensive LEP.
The Comprehensive DCP’s objectives include:-
· Providing detailed planning provisions supplementing the Lane Cove
Local Environmental Plan
· Supporting the locality’s sustainability in environmental, social
and economic terms
· Balancing individual and community interests to preserve and, where
appropriate, improve the existing character and amenity of the municipality.
Aspects of this
CDCP review were undertaken variously by the urban design consultants, GMU, and
staff co-ordinated by a Council Working Group.
Discussion
1. Approach
to amending the Comprehensive DCP
· The submissions received have been considered under three
categories:-
substantive or broad issues;
technical, detailed provisions; and
editing or comments related to plans other than the CDCP.
The submissions
have in many cases involved considerable and thorough analysis of the CDCP. The
quality and thoughtful reflection in the submissions received is acknowledged
and greatly appreciated by staff.
The purpose of a
CDCP’s development controls is to provide consistency and certainty for property
owners, residents and developers in the development and design potential of
this community. At the same time, the CDCP must be adaptable to the
wide-ranging individual site constraints and contexts in Lane Cove.
The proposed
amendment of the CDCP following exhibition has consequently altered the
character of the CDCP in the following ways:-
(i) Merit-based,
flexible approach to development assessment is emphasised:-
The practicality of providing the
extensive technical controls needs to be tested and “ground-truthed” for
individual site variations. During this introductory period of the new CDCP it
is important not to impede development by the over-rigid application of new
controls provided that the CDCP’s broad objectives are satisfied. Statements have
been added to the CDCP to ensure that this is made clear.
(ii) Block plans for major growth areas are
to be taken as indicative:-
A section has been added to Section B.1
of the CDCP to clarify their role. Block plans are intended to indicate the balanced
and co-ordinated range of outcomes expected for each location – public domain
providing amenity and adequate circulation space for the increasing population
required under the Metropolitan Strategy, site consolidation to achieve design
efficiency, vehicle access and pedestrian networks and other urban design
elements. The amended CDCP has clarified that the role of the block plans is
to provide “visual objectives” guidance but that Council would consider
alternative layouts consistent with the stated objectives for the locality.
2. State Policies
A range of State Environmental Planning Policies has
been introduced since the CDCP was
prepared which have been taken into account in the
final CDCP document.
3. Community
Consultation
Community consultation
included a range of approaches:-
· A detailed submissions schedule with responses, key issues and
proposed DCP amendments is attached at AT2. An overview of the approach to
finalising the DCP follows:-
Councillor Workshops in February, August and October 2009;
A Community Information Night in May 2009;
Public exhibition from 10 July to 21 August 2009;
A Greenwich Conservation Area survey and community meeting on 19
August 2009;
Individual letters sent to owners of properties proposed for
rezoning/ upzoning under the DLEP 2008, and in the vicinity of those sites;
Extensive ongoing discussions were held with the development
assessment staff, with considerable input also from Open Space, Urban Services,
Traffic and Human Services staff; and
Website and e-newsletter publicity.
(Note: The
Heritage Stage 2 Review was exhibited coincidentally during the same period as
the CDCP exhibition, but is a matter relating to the LEP’s twelve-month review,
not to the CDCP.)
4. The
Comprehensive DCP’s Contents
The CDCP
provides a guide and greater details to the LEP by clearly articulating
principles, objectives and outcomes to be achieved in the Comprehensive LEP. The following is an outline of the CDCP’s structure and contents:-
Part A: Introduction & Submitting a Development Application
Part B: General objectives and controls,
such as the relationship of developments to the public domain, site
amalgamation and avoidance of isolated sites, view sharing, environmental management, foreshore development, development near
busy roads and rail corridors, safety and security, car parking, excavation
Part C: Residential
development: Single dwelling houses, dual occupancies, multi-
dwelling houses (townhouses and villas) and residential flat buildings
and:-
* Key localities ;Burns Bay, Finlayson St/ Birdwood Ave, Greenwich
Conservation
Area and Longueville Rd.
Part D: Commercial
Development and Mixed Use, and:-
*
Special Commercial Areas: Lane Cove Village, St Leonards, Northwood Shops, Little
Lane, Marshall Ave and 1-5 Birdwood Avenue.
Part E: Industrial
Development
Part F: Access
and Mobility
Part G: Acid
Sulfate Soils
Part H: Bushland
Protection
Part I: Child
Care Centres
Part J: Landscaping
(including Species List and Tree Preservation Order)
Part K: Motels
Part L: Public
Art
Part M: Rain Water Tanks
Part N: Sex
Services Premises
Part O: Signage
& Advertising
Part P: Stormwater
Management
Part Q: Telecommunications
Facilities
Part R: Waste
Management and Minimisation
Attachments: DA
Checklist and Dictionary.
The CDCP’s new
format is based on the following principles:-
· Area-specific controls include “block plans” indicating the
recommended proportions of public space, pedestrian linkages, site
amalgamations and subdivision patterns for the avoidance of isolated sites.
· Additional objectives for development controls have been provided to
strengthen Council’s development application decisions before the Land &
Environment Court.
· The current DCPs, such as the Residential DCP, have been converted
into specialised chapters within the new CDCP and updated to take into account
community concerns, legislative changes and other factors, and to reflect the
new LEP zoning labels (e.g. from Residential 2(c ) to High Density Residential
R4).
· A general section at the commencement of the CDCP amalgamates many
of the requirements e.g. for view-sharing etc, to minimize duplication across
the sections which used to be separate documents.
· New DCPs have also been developed during the DLEP’s preparation in
recent years in anticipation of their incorporation into the CDCP. These relate
to the community’s changing needs, environmental expectations etc, and include
the Child Care Centres DCP, Stormwater DCP, Signage DCP and Telecommunications
DCP.
· The CDCP is in colour, with increased use of diagrams and
photographs to communicate and guide development form and siting.
· A Dictionary of relevant terminology is added at the rear of the
CDCP
5. Twelve-Month CDCP Review
The
Director-General of Planning advised Council on 20 July 2009 that the CDCP may
need to be amended following the gazettal of the LEP, as follows: “Due to the
need to progress the LEP efficiently, I suggest that Council exhibit and adopt
the DCP and make any necessary adjustments following gazettal of the DLEP
2009”. It is foreseen that this may relate to certain key areas in which the
Department’s intention regarding zoning or scale are not yet known, possibly
including
(i) In the Mowbray
Road/Stringybark Creek area west of Centennial Avenue, where the Department of
Planning required Council to exhibit High Density residential R4 zoning west of
Centennial Avenue, contrary to Council’s endorsement of that zoning for the
Mindarie west precinct only: Council will not know the extent of R4 zonings of
that area until the LEP is gazetted, following which site-sensitive CDCP
controls may be introduced if appropriate. In the interim the CDCP’s generic
controls for flats, townhouses and houses would apply.
(ii) The floor space ratio (FSR)
for the Lane Cove West Business Park has been resolved by Council to be
increased to FSR 1.5:1 from 1:1 in the LEP. If the Department agrees to this,
the CDCP controls would need to be reviewed accordingly.
(iii) The Shell site at 150 Epping Road: Council resolved that this should be rezoned for high density residential
from industrial. The Department has advised that this site’s zoning is to be
deferred, however, pending a detailed site analysis by the owner. The CDCP
controls would be added subsequently to a future site-specific zoning
determination.
A twelve-month review of the CDCP is therefore
expected to be undertaken, and would provide a
number of additional advantages:-
· In view of the issues and detail covered in the CDCP and comments
received, it is recommended that some fine-tuning of relatively minor issues be
deferred until the review, rather than delaying the introduction of the LEP and
the CDCP.
· The review would provide an opportunity to complete more thorough
research of such important issues as sustainability and cycling provisions.
6. Process
for CDCP Finalisation and Feedback to the Public
The process to
finalise the CDCP, after its adoption by Council, is triggered by newspaper
advertisement. The date would be co-ordinated with the gazettal by the
Minister of the Comprehensive LEP, which may occur within a short period of
Council’s adoption of the CDCP.
Written notification would be circulated to all relevant community
associations, and to members of
the public who made submissions on the Draft LEP or Draft CDCP,
after the two documents
have come into effect. Publicity of the new plans would be made on
Council’s website and at the
inquiry counter at Council’s offices. All relevant procedures will
be prepared for immediate
implementation as soon as the plans come into effect, including
updating the Section 149 property
certificate attributes to reflect new zoning labels/ plan names,
providing community information
sheets, updating DA requirements and so on.
Conclusion
The
Comprehensive Development Control Plan provides a significant advance for Lane
Cove in planning terms to meet the technical requirements of the Department of
Planning and support the issues, objectives and concerns adopted in this
community’s Comprehensive Local Environmental Plan. It aims to provide clear
controls balanced with flexibility to give consistency and confidence for
property owners and the community for the future development of Lane Cove.
The CDCP Review has been conducted with the assistance of independent
consultants’ expertise and extensive involvement of staff across Council’s
divisions. It has taken into consideration relevant State policies and changing
legislation. Most importantly the CDCP Review was undertaken having regard to
the detail, guides and expectations of Council’s adopted Comprehensive LEP and
extensive community input and consultation.
The community,
including professional practitioners, has made a significant contribution to
the document in response to Council’s unique consultation process.
It is important
that finalisation of the Comprehensive DCP proceed at the earliest opportunity,
so as to facilitate gazettal of the Comprehensive LEP, since their timing is
interdependent. A twelve-month review of both the LEP
and DCP, required by the Department of Planning, will provide for the
fine-tuning of planning controls if appropriate once they have been applied in
practice.
It is
recommended that Council adopt the Comprehensive Development Control Plan as
final.
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RECOMMENDATION
That:-
1. Council adopt as final the
Comprehensive Development Control Plan, in accordance with Section 74C of the
Environmental Planning and Assessment Act and clause
21of the Regulation 2000.
2. A newspaper advertisement be
placed advising of the DCP’s finalisation.
3. A copy of the finalised DCP be
sent to the Department of Planning.
4. Written notification be
circulated to all relevant community associations, and to members of the
public who have made submissions on the Draft LEP or Draft DCP, after the two
documents have come into effect.
5. The LEP and DCP be made
available on the website and a hard copy for the public.
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Michael Mason
Executive Manager
Environmental Services Division
ATTACHMENTS)
http://www.lanecove.nsw.gov.au/Council Services/Development Control/Draft Plans
Exhibitons and Rezonings/LaneCoveCDCP.htm
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Ordinary Council Meeting 19 October
2009
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Human Services Division Report No. 17
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Reference: Human Services Division Report No. 17
Subject: Meeting the Needs of the Community: Lane Cove Social Plan Update
2009 to 2014
Record No: SU128 - 40469/09
Author(s): Eric Poulos
Executive Summary
This report is written to present the Draft “Meeting the
Needs of Our Community: Lane Cove Social Plan 2009-2014” (the Social Plan) and
the six individual target group Social Plans to Council for adoption for the
purpose of public exhibition. The target groups are: Children and Families, Young
People, Seniors, Women and Men, People with Disability and People from
Culturally and Linguistically Diverse Communities. Lane Cove Council has
undergone an extensive process to arrive at its second Social Plan using the
services of BBC Consulting Planners and consulting with the community,
organisations and government departments. By placing the Plans on public
display, Council will be able to gain feedback on how the community views the
Plans and potentially can obtain additional information which will further
assist Council address our local issues.
The report recommends that the Plans be put on an extended
public display period from October until the end of January 2010 because the
draft Social Plans add up to a large amount of reading material and it will
allow community groups, government organisations and members of the public
ample time to read and comment on the content. It also means that early in the
new year a report with public comments can be brought back to Council.
Background
Social planning is a “process of investigating and
responding to the social needs and aspirations of all the people who live and
work in a local government area”. The Social Plan provides a strategic
framework that can guide Council’s social development and meet community needs
into the future. Council in 2005 adopted its first Lane Cove Social Plan
covering the six target groups of Children and Families, Seniors, People with
Disability, People from Culturally and Linguistically Diverse Backgrounds,
Women and Youth. The plans cover a five year period which ends in December
2009. In reviewing and updating these first plans, Council will feed into our
significant 10-15 years ‘big picture’ Community Strategic Planning Process -
“Lane Cove Listens”.
It is important to note that the Social Plan not only
assists Council to plan and provide for the local community, but also assists
government departments to develop a comprehensive picture of needs which they
should address and provide funding for as well as local organisations to look
at issues they can be involved in and apply for funding to address.
The actions and recommendations in the Social Plan are not
the sole responsibility of Council – they are intended to capture issues of
importance to members of the local community and to allow for a collaborative
and community response. Council has utilised the expertise of the Lane Cove
Social Development Group in our social planning processes. The Group includes
three Councillors, Council staff and three experienced community members who
have provided valuable input. The Group has been an invaluable support and
source of knowledge, not only in the implementation, evaluation and monitoring
of the previous Social Plan, but in the updating of the Plan that is now before
Council. It will continue to meet regularly to further the Plan.
For the updating of the Plan, Council engaged BBC Consulting
Planners who have considerable expertise, experience and a well regarded
reputation in the industry. Council developed an effective consultation
process in conjunction with BBC which involved consulting with the community,
organisations and government departments. The consultations involved
undertaking a community survey both on the Council Website and
interviewing people in the Plaza, running an evening Community Forum for
members of the public to input, and running several focus group consultations
on the target groups. For the first time Council also used ‘Bang the Table’
which is an independently moderated website for discussing
public policy. The Social Plan issues were put on the Web and members of the
Lane Cove community could input their ideas and issues. It then allows others
in the community to see their views and then to pick up on a discussion or make
their own points.
With such productive results from the research and
consultation, it means that Lane Cove is now able to place the following target
group chapters of the Social Plan on exhibition:-
· Children and Families
Social Plan 2009 to 2014;
· Women and Men’s Social
Plan 2009 to 2014;
· Young People’s Social
Plan 2009 to 2014;
· Disability Social Plan
2009 to 2014;
· Seniors’ Social Plan
2009 to 2014; and
· Cultural and
Linguistic Diversity Social Plan 2009 to 2014.
A hard copy of these target group chapters have been
circulated to Councillors separately. In addition, the Meeting the Needs of
Our Community: Lane Cove Social Plan 2009-2014 is a summary document which
incorporates recommendations of the individual social plans which have been
developed and gives an overview, including “cross-cutting” themes which are
either common to several target groups or which the community identified as
important in Lane Cove.
Discussion
The first Social Plan has been a well utilised document as
it took account of existing and future social needs in Lane Cove and offered
strategies to respond to, and plan for those needs. Council has received much
positive feedback about the information and recommendations in the Social Plan
from local organisations, government, businesses and individuals. In doing the
second Social Plan, which builds on and updates the first Social Plan,
particularly taking into account the 2006 ABS data, reviewing how issues have
progressed and what the community sees as the needs, Council is well placed to
further understand and develop the social issues into the future. The Social
Plan has been extensively consulted upon with input from the community,
government and non-government agencies funding bodies and from the Lane Cove
Social Development Group and the Lane Cove Access Committee. Council will be
able to use it to inform its Community Strategic Plan and its annual management
plan.
Consultation Strategy
The community consultation is designed to
communicate the process and outcomes of the draft Lane Cove Social Plan and the
allied chapters covering the six target groups. Any comments received will be
reviewed and evaluated and a Report submitted to Council.
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Draft Social Plan
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Level of Participation
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Inform
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Involve
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Consult
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Form of Participation
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Open
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Targeted
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Open
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Target Audience
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Lane Cove Community
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Key message givers eg: Organisations,
Government Departments, members of the public
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Whole community and target groups
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Proposed Medium
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Advertisement,
e- newsletter; community newsletter and
Public exhibition
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Email
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Website Exhibition and Survey
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Indicative Timing
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Public exhibition from 22 October 2009
until 1 February 2010
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Starting 22 October 2009
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Starting 22 October 2009
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Conclusion
Given the wide consultation undertaken, the highly positive
nature of the engagement with the community around the Social Plan, it is
suggested that the Draft “Meeting the Needs of Our Community: Lane Cove Social
Plan 2009-2014” (the Social Plan) and the six individual target group Social
Plans be put on public exhibition. By placing the Plans on public display,
Council will be able to gain feedback on how the community views the plan and
potentially can obtain additional information which will further assist Council
address our local issues.
It is recommended that Council put the Social Plans on an
extended period of display until 1 February 2010. It is also recommended that
early in the new year a report with public comments can be brought back to
Council.
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RECOMMENDATION
That Council:-
1. Receive and note the Report.
2. Exhibit the draft “Meeting the
Needs of Our Community Lane Cove Social Plan 2009-2014” for
comment and community input for an extended period until 1 February 2010 and community
consultation take place in accordance with the consultation strategy outlined
in the report.
3. Exhibit the six draft target
group chapters which include:-
· Children and
Families Social Plan 2009 to 2014
· Young People’s
Social Plan 2009 to 2014
· Disability
Social Plan 2009 to 2014
· Senior’s
Social Plan 2009 to 2014
· Women and
Men’s Social Plan 2009 to 2014
· Cultural and
Linguistic Diversity Social Plan 2009 to 2014
4. Receive a further Report on the draft “Meeting the
Needs of our Community: Lane Cove Social Plan 2009-2014” and the
six target group chapters after the exhibition period has been
completed to consider the results of the community consultation.
5. The Lane Cove Social
Development Group is thanked for their valuable input into updating the
Social Plan.
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Jane Gornall
Executive Manager - Human Services
Human Services Division
ATTACHMENTS:
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AT‑1
View
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Draft Children and Families Social Plan
2009 to 2013
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36 Pages
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AT‑2
View
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Draft Women's and Men's Social Plan 2009
to 2013
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35 Pages
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AT‑3
View
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Draft Young People's Social Plan 2009 to
2013
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42 Pages
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AT‑4
View
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Draft People with Disability Social Plan
2009 to 2013
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49 Pages
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AT‑5
View
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Draft Lane Cove Seniors Social Plan 2009
to 2013
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87 Pages
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AT‑6
View
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Draft Cultural and Linguistic Diversity
Social Plan 2009 to 2013
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39 Pages
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AT‑7
View
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Draft Lane Cove Social Plan
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58 Pages
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