Draft The Hills Local Environmental Plan 2020 (3/2020/PLP)

www.thehills.nsw.gov.au/LEP2020 (02) 9843 0597

DRAFT THE HILLS LOCAL ENVIRONMENTAL PLAN 2020 (3/2020/PLP)

Exhibition Questions and Answers

IS S UE 2

The Hills Shire Council is currently exhibiting Draft The Hills Local Environmental Plan (LEP) 2020, commencing on the 10

^th

July 2020 and closing on the 7

^th

August 2020. During the exhibition period, we will be undertaking weekly question and answer forums. The schedule is as follows:

Issue Questions received by:

Answers will be posted on:

Issue 1 15

^th

July 2020 17

^th

July 2020 Issue 2 22

^nd

July 2020 24

^th

July 2020 Issue 3 29

^th

July 2020 31

^st

July 2020

If you missed this week’s Q&A, be sure to get your question in for next week’s issue.

Note: The submitted questions are not a formal submission. If you wish to make a submission on the proposal, please post in the form at the bottom of our webpage at www.thehills.nsw.gov.au/LEP2020

Where multiple questions were received on the same topic these have been consolidated.

Issue 2 - 24 / 7 / 2020

Question 1: What can I build in the R3 Medium Density Residential Zone? Are Residential Flat Buildings permissible?

The R3 Medium Density Residential zone permits land uses such as Attached Dwellings and Multi Dwelling Housing (town houses and villas). The zone provides a transition from higher density development such as apartment buildings near metro stations and town centres to our lower density areas which contain predominantly detached houses, as shown in the illustration below.

Residential flat buildings are a form of high density residential development, and are NOT permissible within the R3 Medium Density Residential Zone. A full list of the permissible land uses within the R3 Medium Density Residential zone can be found in Council’s Local Environmental Plan here.

Medium Density Development High Density Development Low Density

Development

www.thehills.nsw.gov.au/LEP2020 (02) 9843 0597

DRAFT THE HILLS LOCAL ENVIRONMENTAL PLAN 2020 (3/2020/PLP)

Exhibition Questions and Answers

IS S UE 2

Question 2: Will the proposed change in zoning from R3 Medium Density Residential to R2 Low Density Residential affect my property value or my rates?

Council rates are calculated based on land valuations that are carried out by the NSW Valuer General. There is no evidence to suggest that the proposed change in zoning will affect property value. For more information, please see the NSW Valuer General's Fact Sheet here.

Question 3: How is Council managing traffic impacts of the R3 Medium Density Residential zones, particularly near Brampton Drive in Beaumont Hills?

The R3 Medium Density Residential zone is generally applied to land within easy walkable access (a short 5 to 10 minute walk) to high frequency, rapid public transport such as the Metro or the T-way, or nearby to town centres. Medium density developments are generally required to provide less car spaces than a detached low density dwelling, as a reflection of their proximity to transport and services which enable residents to make more different travel choices.

This planning proposal is rezoning some areas of land within the Hills from R3 Medium Density Residential to R2 Low Density Residential. This includes an area near Brampton Drive within Beaumont Hills. The proposed zoning reflects how that area has developed and should not result in additional traffic impacts to surrounding areas.

Question 4: What is a boundary retaining wall?

For development on sloping land, often a combination of a retaining wall and a fence will be used to define property boundaries as shown in the illustration below. This is considered a boundary retaining wall. This type of development typically occurs along the side and rear boundaries, and not the front boundary towards the street.

Currently exempt development standards for retaining walls contained in the State Environmental Planning Policy (Exempt and Complying Development Standards) 2009, do not allow retaining walls to be constructed on a boundary, instead they must be located a minimum of 1m away from any boundary.

The proposed exempt provisions for retaining walls in the draft Local Environmental Plan 2020 are aimed at providing options for home owners to incorporate a retaining wall in boundary fencing on sloping sites without the need for a development application.

www.thehills.nsw.gov.au/LEP2020 (02) 9843 0597

DRAFT THE HILLS LOCAL ENVIRONMENTAL PLAN 2020 (3/2020/PLP)

Exhibition Questions and Answers

IS S UE 2

Question 5: Farming and agricultural uses are not viable options for many rural properties, particularly in the RU6 Transition zone. Why are these land uses being introduced?

70% of land in The Hills is within a rural land zone, extending from Annangrove Road through to Wisemans Ferry. Within these zones, there are a number of existing farms and agricultural businesses that operate and thrive. Council’s recently adopted Rural Strategy demonstrates the amount of agricultural activity within the Hills, as shown in the illustration below.

Despite a reduction in productive land area and the challenges of fragmented land ownership, agriculture in The Hills is evolving and becoming more efficient. Agricultural output has increased over the past decade, contributing $303.3million to The Hills economic output for 2017-18.

The RU6 Transition zone extends from Annangrove Road through to Glenorie and parts of Maraylya. Whilst this zone contains a significant amount of rural residential properties, there is also a significant amount of productive agricultural activity which takes place within this zone.

The proposed inclusion of artisan food and drink industry, markets, cellar door premises and rural industry in the RU6 Transition zone is intended to support existing and future agribusiness, encourage tourism and support economic growth in our rural area while protecting its prevailing character. For this reason, certain rural industries which appear under the group term have been specifically prohibited, such as sawmills, and livestock processing. The types of new permissible uses proposed may not be viable or appropriate on every rural property, however, for some, it may present an opportunity to explore innovative or creative ways to make the most of the opportunities their land has to offer.

www.thehills.nsw.gov.au/LEP2020 (02) 9843 0597

DRAFT THE HILLS LOCAL ENVIRONMENTAL PLAN 2020 (3/2020/PLP)

Exhibition Questions and Answers

IS S UE 2

Question 6: Why are the zonings in the deferred matters area being reinstated?

In the deferred matters area of Cattai Creek, the proposal seeks to reinstate the underlying zoning as an interim measure until master planning in this area is completed. In practice, the underlying zoning has continued to be applied when assessing development applications in the deferred matters area. This reinstatement of the zoning will improve certainty and allow businesses to continue without interruption until master planning is finalised.

The proposed reinstatement of the underlying zoning does not prohibit future changes to land zoning in this area following the completion of master planning.

Question 7: What do the codes ‘HS_01”, ‘HS_02” etc. mean in the Showground Local Character Map?

Where can I find the character map?

The proposal seeks to apply a local character map and local provisions to the Showground Station Precinct to provide clear guidance on the desired future character of the area. The “HS_01” etc. are the code names for the five distinct local character areas. These local character areas, and the land to which they apply are shown in the table and figure below:

Code Local Character Area

HS_01 Mixed-Use

HS_02 Residential

HS_03 Residential Terraces

HS_04 Light Industrial

HS_05 Business areas

Specific controls relating to these areas are contained in proposed clause 7.17 of draft The Hills LEP 2020, the wording for HS_02 Residential is included below as an example:

‘7.17(5) The objectives for development on land identified as “Showground Precinct HS_02 -Residential” on the Local Character Map are as follows:

(a) To encourage walkable residential neighbourhoods with a diversity of housing types

(b) To locate higher dwelling densities close to the station and mixed use precinct transitioning to less dense urban forms as the distance from the station increases.

(c) To encourage greater setbacks and incorporation of landscape elements relative to distance from the station.

(d) To provide landscaped streets and high quality public open spaces incorporating shade trees.

’

Further information can be found in Fact Sheet 4 on Council’s website.