ORDINARY MEETING OF COUNCIL 22 MAY, 2018
A key objective of the Integrated Transport Direction is to ensure that planning and future development supports the provision of an efficient transport network. It seeks to ensure that housing and jobs are easily accessible through a variety of means including walking, cycling and public transport, reliance on private vehicle use is minimised, and that development supports the viable operation of public transport.
The planning proposal is generally consistent with this Direction as it will concentrate planned housing within closer proximity to the local centre and services as well as improving access to local and regional bus routes.
Centres Direction
The Hills Centres Direction was adopted by Council on 23 June 2009 and provides an overall strategic context for the planning and management of the Shire’s centres and their development and growth to 2031. The Direction anticipates 14,500 dwellings to be located in North Kellyville and Box Hill Precincts. At the time of adoption of this Direction, specific planning for Box Hill North Precinct had not been released and planning had not yet commenced.
Direction C5 provides development principles to guide the planning of new centres in the Shire’s release areas. The Direction provides an opportunity to deliver high quality built form that integrates with the surrounding development and meets the needs of the community. Consistent with these development principles, the proposal seeks to reconfigure existing R3 and R4 zoned land to a built form that maximises the level of amenity and transition of built form surrounding the town centre and school. The proposal is consistent with the objectives of the Centres Direction as the reconfiguration has consideration for the availability of public transport, pedestrian access, vehicular movement patterns and an appropriate density of residential character surrounding the town centre and school.
Section 117 Ministerial Directions
Section 117(2) of the Environmental Planning and Assessment Act 1979 enables the Minister for Planning to issue directions that Councils must address when preparing planning proposals for a new LEP. A discussion on applicable Section 117 Directions is addressed below.
Direction 3.1 – Residential Zones
The net balance of R3 and R4 zoned land would remain consistent with the approved masterplan. As such, the proposed will maintain the current and approved balance of residential accommodation within Precinct B and not affect the attainment of dwelling yields for the precinct.
Direction 3.4 – Integrating Land Use and Transport
Both the existing and approved R3 and R4 zoned areas will be serviced by new roads delivered in conjunction with the development of Box Hill North specified under the Box Hill North Planning Agreement.
Direction 4.3 – Flood Prone Land
The site is not known to be flood prone, as indicated within the Floor Impact
Assessment, which states that the subject site is considered flood free from a
flood planning perspective. Therefore, the proposed rezoning is supported by an
existing flood assessment, and no further flood assessment is required to support
the rezoning process.
ORDINARY MEETING OF COUNCIL 22 MAY, 2018
ITEM-5 POST EXHIBITION - AMENDMENT TO DEVELOPMENT CONTROL PLAN 2012 RELATING TO CHILD CARE CENTRES (FP171)
THEME: Balanced Urban Growth.
OUTCOME: 7 Responsible planning facilitates a desirable living environment and meets growth targets.
STRATEGY: 7.2 Manage new and existing development with a robust framework of policies, plans and processes that is in accordance with community needs and expectations.
MEETING DATE: 22 MAY 2018 COUNCIL MEETING
GROUP: STRATEGIC PLANNING
AUTHOR: SENIOR TOWN PLANNER
ASHLEY COOK
RESPONSIBLE OFFICER: MANAGER FORWARD PLANNING STEWART SEALE
EXECUTIVE SUMMARY
This report recommends that draft amendments to The Hills Development Control Plan 2012 to rationalise controls for centre-based child care facilities, be adopted as exhibited.
State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 was made on 1 September 2017, and it’s associated Guideline which provide a suite of development controls applicable to educational establishments and child care facilities. Where there is an inconsistency between Council’s development controls and the SEPP, the SEPP will apply. Therefore as the SEPP will prevail, it is unnecessary to duplicate controls in Council’s Development Control Plan.
The draft amendments to Part B Section 6 – Business of The Hills Development Control Plan 2012 were publicly exhibited from Tuesday 20 March 2018 to Friday 20 April 2018.
No submissions were received during the exhibition period. The draft Development Control Plan has been further reviewed to ensure that there are no overlapping controls with the SEPP, Guidelines, or other parts of the Development Control Plan. It is considered that no post exhibition amendments to the draft Development Control Plan are required.
REPORT
The purpose of this report is to adopt the draft amendments to rationalise controls relating to centre-based child care development within The Hills Development Control Plan 2012. It is noted that the controls relating to centre-based child care within Development Control Plan 2012 apply to land throughout the Shire, including the growth centres.
ORDINARY MEETING OF COUNCIL 22 MAY, 2018
1. SUMMARY OF AMENDMENTS TO PART B SECTION 6 – BUSINESS
Noting the new legislation and guidelines, on 27 February 2018 Council resolved to exhibit draft amendments which included the removal of Appendix E from Part B Section 6 – Business and the inclusion of a new section in the body of the same Development Control Plan – ‘Centre-Based Child Care – Additional Controls’ to regulate setbacks, location of external play areas, landscaping and food preparation facilities.
Retaining these controls will assist in:
• Ensuring that adequate area is provided to permit high-quality landscape planting for the development;
• Ensuring that external play areas are located to provide a safe environment for children;
• Ensuring a high standard of environmental quality in child care centre developments and to maintain the overall visual amenity and character of the neighbourhood;
• Providing a satisfactory relationship between buildings, landscaped areas and adjoining developments; and
• Ensuring that food is handled in a safe and healthy manner.
2. SUMMARY OF PUBLIC EXHIBITION
The draft amendments to Part B Section 6 – Business of The Hills Development Control Plan 2012 were publicly exhibited from Tuesday 20 March 2018 to Friday 20 April 2018.
The draft amendments were advertised in the Hills Shire Times on Tuesday 20 March 2018 and Tuesday 3 April 2018 and exhibition material was available for viewing at Council’s website, the Council Administration Building as well as all libraries. No submissions were received during the exhibition period.
The draft Development Control Plan has been further reviewed to ensure that there are no overlapping controls with the SEPP, Guidelines, or other parts of the DCP. It is considered that no post exhibition amendments to the draft Development Control Plan are required.
IMPACTS Financial
This matter has no direct financial impact upon Council's adopted budget or forward estimates.
Strategic Plan - Hills Future
The proposed amendments rationalise the controls, removes duplication and will assist customers in understanding Council requirements as they relate to centre-based child care facilities.
RECOMMENDATION
Council adopts the draft amendments to Part B Section 6 – Business of The Hills Development Control Plan 2012 to rationalise development controls for centre-based child care, as detailed in Attachment 1.
ATTACHMENTS
1. Draft The Hills Development Control Plan 2012 Part B Section 6 – Business (80 pages).
ORDINARY MEETING OF COUNCIL 22 MAY 2018
ATTACHMENT 1