ATTACHMENT 8 AUSGRID REQUIREMENTS
3. PUBLIC AUTHORITY SUBMISSIONS
(a) Office of Environment and Heritage
The Office of Environment and Heritage requested that the Voluntary Planning Agreement be amended to include information on the number and type of biodiversity credits purchased by the proponent to compensate for the loss of vegetation. It was requested that the VPA provide clear, measurable and enforceable commitments to providing biodiversity credits and specify the timeframe for when the credits will be retired.
Comment:
The inclusions requested by the Office of Environment and Heritage are not supported as the proponent has already purchased the necessary biodiversity credits as part of the Bio-banking Scheme. These credits will be retired if a development approval is issued.
Any future Development Application would require, as a condition of consent, that the credits be retired prior to the issue of a Construction Certificate.
(b) Department of Primary Industries
The Department of Primary Industries raise concern that the draft Development Control Plan makes no mention or includes designs for the mitigation of possible interactions along boundaries with existing rural and agricultural allotments.
Comment:
Given that the adjoining land is rural land, the potential amenity issues which could arise at the rural/urban interface can include air quality, noise pollution and visual amenity.
The planning proposal was amended to include larger lot sizes of 2000m2 at the urban/
rural interface along Janpieter Road and Maguires Road. Development controls have also been included within the Development Control Plan relating to stormwater management, riparian corridor protection areas, cut/fill and soil erosion measures which will assist in lessening any potential for land use conflict. Accordingly, it is not considered that there will be any significant conflicts, which cannot be addressed through the development assessment process.
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(c) Office of Water
The Office of Water has stated its preference for the riparian corridors to be zoned E2 Environmental Conservation and has requested that the Indicative Layout Plan differentiate between the environmentally sensitive corridors to be protected and rehabilitated and other open space areas.
Further the Office of Water requested refinement of some objectives and controls related to rehabilitation and protection of waterways within the Development Control Plan.
Comment:
The concerns raised regarding zoning were addressed as part of the consideration of the planning proposal. It is considered appropriate that a new map showing Riparian Corridor Protection Areas be included in the DCP that distinguishes between such corridors and other open space areas. This together with minor changes to objectives and controls will facilitate the protection and rehabilitation of riparian lands.
(d) Transport for NSW
Transport for NSW has requested a number of amendments to the exhibited Development Control Plan including:
• Straightening out of the two acute turns on Terry Road and the local road circled in red in Figure 1 to ensure a comfortable ride for bus passengers on this future higher frequency bus route;
• An additional roundabout at the intersection of the northernmost collector roads capable of allowing buses to U-turn to allow for the staged implementation of bus routes;
• Amendment of the proposed road layout to have bus capable roads rather than depiction of bus routes;
• The north south road located in the north east corner of the precinct be capable of two way bus movements and re-designed to avoid any acute turns along the length of the alignment.
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Figure 1
Requested Amendments from TfNSW Comment:
It is considered appropriate that the proposed road layout to align a new collector road with Terry Road will occur via a typical four-way intersection with Old Pitt Town Road and will remove the two acute turns at Old Pitt Town Road.
In order to accommodate bus U-turn movements, a minimum of a 30 metre diameter roundabout (including traffic lanes) would need to be provided. It is recommended that the draft Contributions Plan be amended to include this additional item.
Transport for NSW has not as yet developed a bus servicing strategy for the precinct. As part of any future development, the applicant will need to consult Transport for NSW to ensure that the bus routes are provided in accordance with the relevant bus servicing strategy.
In recognition of the comments from Transport for NSW the Indicative Layout Plan and the proposed road layout within the Development Control Plan have been amended to straighten the alignment of the eastern road and this road has also been designated as a
‘Collector Road’ within the Development Control Plan to enable the road to be of a sufficient width to accommodate two-way bus movements. The proposed changes to the road network plan are shown in Figure 2.
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Figure 2
Indicative amended road network plan - Box Hill North Precinct 4. PUBLIC SUBMISSIONS
The concerns raised by public submissions primarily relate to the proposed road network and environmental protection provisions within the draft Development Control Plan.
Proposed road network
(a) Concern has been raised regarding the access point opposite the planned Mt Carmel Road as the road does not join Old Pitt Town Road.
During the public exhibition period, the proponent acquired the necessary property fronting Old Pitt Town Road to ensure that Mount Carmel Road will align with Old Pitt Town Road.
(b) Concern has been raised regarding the disjointed access points onto Old Pitt Town Road proposed dogleg arrangement creates safety and amenity concerns.
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As indicated within the Transport for NSW comments it is proposed that amendments be made to the road network plan within the Development Control Plan to remove the staggered T-intersections and provide for a four (4) way intersection at Old Pitt Town Road and Terry Road. The intersection, including turning lanes from Old Pitt Town Road into Terry Road (Box Hill North) will be designed to accommodate the turning circle for a 14.5 rigid (non-rear steer buses) such that no crossing of lane lines is required.
(c) Concern regarding the proposed dual lane roundabouts for Terry Road and Old Pitt Town Road and the two (2) access roads either side of it with localised road widening to 4 lanes for 150 metres either side of this section.
No additional land acquisition is proposed to facilitate any future carriageway improvements along Old Pitt Town Road given that the existing road reservation is 20 metres wide. This width will enable the construction of pavement, kerb, and footpath facilities that will result in a carriageway width of 13 metres, with 3.5 metre wide footpath reservations. This pavement width will allow the ultimate provision of four (4) trafficable lanes within the existing road reservation.
Some localised widening will be needed at key intersections that require roundabout construction, which would be required from the Box Hill North properties as part of the final design assessed at the development stage.
(d) Concern that more traffic will be distributed to Old Pitt Town Road than Boundary Road as there are only two (2) collector roads planned with access points onto Boundary Road and residents will not travel in a ‘backward’
direction to get to Boundary Road. The most direct routes to Rouse Hill as a major transport link area will be via the access roads to Old Pitt Town Road.
It is suggested that Cataract Road should be extended across the precinct to form a collector road onto Boundary Road to take some of the load away from Old Pitt Town Road.
The traffic distributions shown within the Traffic and Transport Assessment are considered to be reasonable projections of the travel paths likely to result from the Box Hill North Precinct. The proposed upgrades for Boundary Road and Old Pitt Town Road will accommodate these traffic flows under full development. Even though there may be a ‘backward’ direction to enable commuters to use Boundary Road, this route is considered to be the most direct route to Rouse Hill with the least number of intersections.
The extension of Cataract Road would not be possible as the connection would cross a riparian corridor. In this location the roads have been designed to ensure that the riparian corridors are protected in accordance with the objectives of the Office of Water which require that roads provide a suitable interface between riparian corridors and urban development to minimise edge effects.
Environmental Protection provisions
(a) Objection to the post exhibition amendments to the planning proposal which changed the proposed zoning of land in the north-east and north-west of the Precinct from E2 Environmental Conservation to E4 Environmental Living.
The concerns raised relate to the zoning of the land which was the subject of a previous report to Council on 13 May 2014. The E4 Environmental Living is considered an appropriate zone choice for privately owned land, given the acquisition liability created for Council by the more restrictive E2 Environmental Conservation Zoning. The E4 Environmental Living zone provides for low impact residential development in areas with
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special ecological, scientific or aesthetic values and does not present the same exposure to acquisition claims. The planning proposal to rezone the land has since been forwarded to the Department of Planning and Environment for finalisation in accordance with Council’s resolution.
(b) The 10/50 Code of Practice came into force on the 1 August 2014 and was not taken into consideration when deciding the zoning of the Box Hill Precinct or when drafting the DCP. Concern that the critically endangered Cumberland Plain Woodlands and Sydney Shale Transition Forest will be degraded.
The 10/50 Vegetation Clearing Entitlement was implemented by the NSW Government to provide people living near bushland with the ability to increase their level of protection against bush fires, following concerns raised by homeowners.
(c) Concern has been raised that Council’s exemption of trees within 3 metres of a building or structure will be inconsistent with objectives in the Box Hill North which aim for sustainable living in E4 Environmental Living zone with minimal impact on the natural environment.
The objectives of the E4 Environmental Living controls are to ensure that future development is designed and managed in a manner which respects the natural attributes. The Environmental Living zoned land requires larger lot sizes and the lot layout and building platforms developed at subdivision stage will consider any need for the removal of trees or native understorey vegetation.
(d) Concern that insufficient Flora and Fauna Studies have been undertaken and further survey work is required to determine the impacts of the proposal.
An ecological assessment of the Precinct was prepared as part of the planning proposal process by Cumberland Ecology. This assessment identified a number of areas containing threatened ecological communities and several threatened and migratory species have been recorded in the area. The assessment recommends that a combination of on-site conservation and off-site offsetting be used in the development of the area for urban purposes.
Further, location specific investigations will be undertaken at development application stage, where an assessment of significance will be needed and may require the preparation of a Species Impact Statement in accordance with Section 5A of the Environmental Planning and Assessment Act, 1979. In such circumstances, Council will require as a condition of development consent that a Vegetation Management Plan be prepared and submitted for approval. This Plan would ensure that the areas which are deemed to have highest conservation significance are appropriately managed to encourage the regeneration of any remnant vegetation.
(e) Concern that the objectives stated in the DCP aim to minimise detrimental effects to the natural environment. However, placing residences in critically endangered environments such as the Cumberland Plain woodland will result in detrimental effects.
The Development Control Plan identifies specific objectives for development within the Precinct and, in the context of facilitating urban development, seeks to ensure that development will not detrimentally affect the environment. Section 3.3 of the Development Control Plan contains specific controls relating to development within land zoned E4 Environmental Living as this land which seeks to ensure that future
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development is designed and managed in a manner which respects the natural attributes of the land.
As part of the development assessment process, to minimise any cumulative adverse impact on critically endangered specifies, compensatory offset measures would also be considered for any significant impacts that cannot be avoided or mitigated. The adequacy of the bio-banking credits will be a matter for further assessment at this time however it is noted that the proponent has already purchased 210 Cumberland Plain Woodland and 40 Sydney Shale Sandstone Transition Forest bio-banking biodiversity credits to compensate for any loss of vegetation.
Applicants Submission
The proponent E.J.Cooper are generally supportive of the controls and provisions for Box Hill North, however requested reconsideration, clarification and/or redrafting of the controls for the street network, local road hierarchy, road design and construction, public domain and residential development.
Where considered appropriate and necessary Council has amended the controls/objectives within the development control plan.