Gateway Determination
9. RECOMMENDATION
It is recommended the delegate of the Minister determines the planning proposal should not proceed as it does not demonstrate sufficient strategic or site-specific merit as the proposal:
x does not give effect to the Central City District Plan;
x is inconsistent with Section 9.1 Directions 1.2 Rural Zones, 2.3 Heritage Conservation, 3.1 Residential Zones, 4.4 Planning for Bushfire Protection, and 6.3 Site Specific Provisions;
x is inconsistent with the Hills Shire Council’s draft Local Strategic Planning Statement as the site is outside the urban area defined in the statement’s structure plan;
x there are currently no plans or funding to increase capacity of the surrounding road network to facilitate development of this scale;
x makes an insufficient contribution toward improving local and State infrastructure as the site in isolation cannot adequately secure the scale of improvement required in the road network; and
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x does not adequately demonstrate the site has no potential to accommodate agricultural uses under its current zoning and land use conflict would not arise as a result of it proceeding.
19/04/2020 19/04/2020
Elizabeth Kimbell Sarah Waterworth
Acting Manager Place and Infrastructure Acting Director
Central (Western) Central (Western)
Assessment officer: Angela Hynes Senior Planning Officer Phone: 02 9860 1558
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IRF20/4244
Mr Michael Edgar General Manager The Hills Shire Council PO Box 7064
NORWEST NSW 2153
Dear Mr Edgar
Gateway determination review – The Hills Local Environmental Plan 2019 – Derriwong Road and Old Northern Road, Dural
I am writing to inform you of the outcome of the request for a Gateway determination review made by Urbis Pty Ltd on behalf of Dural Land Holdings Pty Ltd.
The request was forwarded to the Independent Planning Commission (the
Commission) for advice. On 4 September 2020, the Commission provided its advice on the planning proposal to the Department of Planning, Industry and Environment (the Department).
The Commission noted the history of the site and its location in the Metropolitan Rural Area, as well as providing views on the site specific merit of the proposal. The Commission noted the traffic and environmental issues associated with northern site appeared to be more capable of resolution than the southern site. The Commission also noted the proposal was not consistent with District Plan as it stands.
The Commission recommended that the Northern Site, be considered for urban development and inclusion in the Central City District Plan when it is reviewed and updated in 2023 and that any subsequent review of Council’s Local Strategic Planning Statement and Local Housing Strategy be updated accordingly. The Department supports this approach to future land use investigations for the site.
Noting the existing inconsistency with the District Plan, the Commission recommended the planning proposal not proceed beyond Gateway.
The Commission’s advice is available at:
https://www.ipcn.nsw.gov.au/projects/2020/08/gateway-determination-review- request-derriwong-road-and-old-northern-road-dural
As delegate of the Minister for Planning and Public Spaces, I have not yet made a final determination on the Gateway determination, issued 19 April 2020, as I believe there is a need for Council to provide advice on the Commission’s recommendations.
In examining this planning proposal and the advice of the Commission, I have also considered some of the planning challenges in the Dural area.
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I note the Central District Plan provides the following statement about planning for rural towns and villages: Maintaining and enhancing the distinctive character of each rural and bushland town and village is a high priority. Ongoing planning and
management of rural towns and villages will need to respond to local demand for growth, the character of the town or village and the surrounding landscape and rural activities. Rural and bushland towns and villages will not play a role in meeting regional or district-scale demand for residential growth.
I understand the proponent believes it can address the requirements of the District Plan, as well as respond to the Department’s concerns over the potential for regional traffic generation. Further, the proponent has argued the development of the site will assist to address both local traffic and safety issues at the local school. Council is encouraged to work with the proponent to identify whether these issues can be managed and to assess whether development of the site would not create an expectation that other sites would also be developed.
Should the Council believe it can better justify the strategic and site specific merits of a revised development scheme, the Department will consider a revised planning proposal.
If you have any more questions, I have arranged for Ms Jane Grose, Director Central (Western), at the Department to assist you. Ms Grose can be contacted on
9274 6070.
Yours sincerely
Brett Whitworth Deputy Secretary
Greater Sydney, Place and Infrastructure
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ITEM-3 NEW LOCAL ENVIRONMENTAL PLAN NATURAL DISASTERS CLAUSE (FP85)
DOC INFO
THEME: Shaping Growth
OUTCOME: 5 Well planned and liveable neighbourhoods that meets growth targets and maintains amenity.
STRATEGY:
5.1 The Shire’s natural and built environment is well managed through strategic land use and urban planning that reflects our values and aspirations.
MEETING DATE: 9 FEBRUARY 2021 COUNCIL MEETING
GROUP: SHIRE STRATEGY, TRANSFORMATION AND SOLUTIONS
AUTHOR: SENIOR TOWN PLANNER
JESSIE WISEMAN
RESPONSIBLE OFFICER: MANAGER FORWARD PLANNING NICHOLAS CARLTON
EXECUTIVE SUMMARY
This report recommends that Council opt-in to the inclusion of a new Natural Disasters Clause, Clause 5.9 – Dwelling house or secondary dwelling affected by natural disaster (the Clause) in The Hills Local Environmental Plan. It also recommends that Council indicate to the Department that the new clause be applied to the RU1 Primary Production, RU2 Rural Landscape, RU6 Transition, E3 Environmental Management, E4 Environmental Living, R2 Low Density Residential and R3 Medium Density Residential land use zones.
The purpose of the new clause is to better support landowners whose homes have been damaged or destroyed by natural disasters, by ensuring that any development standard in the LEP does not prevent a development consent being issued for the repair or replacement of a lawfully erected dwelling house or secondary dwelling. It also seeks to save time and resources for both Applicants and consent authorities when responding to natural disasters.
Should Council decide to opt-in on this clause, it would effectively be applicable to all development applications seeking to repair or replace dwelling houses or secondary dwellings damaged or destroyed by a natural disaster (within certain land use zones nominated by Council). Ultimately, this clause will remove the need for landowners to seek variations from development standards contained within LEPs.
BACKGROUND
In August 2020 the Department of Planning, Industry and Environment (the Department) exhibited a draft natural disasters clause for optional inclusion in Local Environmental Plans.
Council Officers prepared a submission in response to the exhibited material which indicated
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Whether a separate specific Standard Instrument clause is necessary;
Clarification on circumstances whereby the clause would be applicable and where consent would not be required;
Whether Council will have sufficient flexibility in circumstances whereby regulations may have changed (for example, when the original dwelling may not have been compliant with current bushfire and flood protection guidelines)
;
Clarification on what is defined as a ‘natural disaster’; and
Potential unintended impacts on rural character.
Following a review of submissions, the Department have released the final clause and associated guidance document and are inviting Councils to opt-in to including the clause in their LEPs. The final clause and guidance document generally address the concerns raised in Council’s submission. A copy of the final wording for the clause is provided as Attachment 1 to this report.
REPORT