4 Parramatta Square 12 Darcy Street Parramatta NSW 2150 | Locked Bag 5022 Parramatta NSW 2124 | planning.nsw.gov.au PP_2019_THILL_009_00/(IRF20/2256)
Mr Michael Edgar General Manager The Hills Shire Council PO Box 7064
NORWEST NSW 2153
Dear Mr Edgar
Planning proposal PP_2019_THILL_009)00 – Alteration of Gateway Determination Thank you for your letter dated 30 April 2020 regarding revisions to planning proposal PP_2019_THILL_009_00 which seeks to amend The Hills Local Environmental Plan 2019 to give effect to Central City District Plan and The Hills Local Strategic Planning Statement (LSPS).
I have carefully considered the amendments requested by Council and support the majority of Council’s request. I have determined as the delegate of the Minister, in accordance with section 3.34(7) of the Environmental Planning and Assessment Act 1979, to alter the Gateway determination dated 3 April 2020 for PP_2019_THILL_009_00. The Alteration of Gateway determination is enclosed.
However, I also note Council’s process of meeting its concurrence requirements from public authorities for amendments to the land reservation acquisition map as stipulated under Clause 10 of the Environmental Planning and Assessment Regulation 2000 and Section 9.1 Direction Reserving Land for Public Purposes. Therefore, a new Gateway condition is not warranted.
Additionally, I acknowledge your request regarding a new LSPS aim in the LEP. As noted previously, the GSC assurance letter advised that Council may need to update the LSPS as key supporting strategies, including the Local Housing Strategy are finalised. Due to the changing nature of the LSPS, the proposed aim is not supported at this time.
I can also advise that the Department is investigating a potential extension of time for councils to finalise the LEP. Until a decision is made, I have determined not to issue an extension. I encourage Council work to submit the LEP to the Department by the due date.
If you have any questions in relation to this matter, I have arranged for Ms Elizabeth Kimbell to assist you. Ms Kimbell can be contacted on 9860 1521.
Yours sincerely
26/05/20
Catherine Van Laeren Executive Director
Central River City & Western Parkland City Encl: Alteration of Gateway Determination
[PP_2019_THILL_009_00] (IRF 20/2256)
Alteration of Gateway Determination
Planning proposal (Department Ref: PP_2019_THILL_009_00)
I, Executive Director, Central River City and Western Parkland City at the Department of Planning, Industry and Environment, as delegate of the Minister for Planning and Public Spaces, have determined under section 3.34(7) of the Environmental Planning and Assessment Act 1979 to alter the Gateway determination dated 3 April 2020 for the proposed amendment to The Hills Local Environmental Plan 2019 as follows:
1. Delete:
condition 1[a], condition 1[b], condition 1[i].
2. Delete:
“condition 1[d]”
and replace with:
new condition 1[d]: ‘include a draft sunset provision under the proposed clause
‘Maximum number of dwellings at ‘Northern Precinct’ Rouse Hill Town Centre stating that the 375 dwelling cap may be revised once Council completes precinct planning for Rouse Hill by December 2021’
Dated 26th day of May 2020.
Catherine Van Laeren
Executive Director, Central River City and Western Parkland City
Greater Sydney, Place and Infrastructure
Department of Planning, Industry and Environment
Delegate of the Minister for Planning and Public Spaces
4 Parramatta Square, 12 Darcy Street, Parramatta NSW 2150 | Locked Bag 5022 Parramatta NSW 2124 | planning.nsw.gov.au PP_2019_THILL_009_00
Mr Michael Edgar General Manager The Hills Shire Council PO Box 7064
Norwest 2153, NSW
Dear Mr Edgar
Planning proposal [PP_2019_THILL_009_00] to amend The Hills Local Environmental Plan 2019
I am writing in response to Council’s request for a Gateway determination under section 3.34(1) of the Environmental Planning and Assessment Act 1979 (the Act) and additional information received on 23 December 2019 and 6 February 2020 in respect of the planning proposal to amend The Hills Local Environmental Plan 2019 (LEP) to give effect to Central City District Plan and The Hills Local Strategic
Planning Statement (LSPS). I note that this planning proposal is the first stage to giving effect to your LSPS.
As delegate of the Minister for Planning and Public Spaces, I have now determined that the planning proposal should proceed subject to the conditions in the enclosed Gateway determination. To ensure the timely finalisation of the proposal the
determination requires Council to represent an amendment to The Hills LEP 2019 instead of creating The Hills LEP 2020.
The conditions require Council to remove references to introduce an aim of the LEP and local provision to give effect to the LSPS, district and regional strategic plans and any other references as this is not necessary. The determination also includes a sunset provision under the proposed clause ‘Maximum number of dwellings at
‘Northern Precinct’ Rouse Hill Town Centre so that the 375 dwelling cap may be revised once Council completes precinct planning for Rouse Hill by June 2021.
I note that the Department is exploring a proposed approach for introducing local character overlays into the Standard Instrument Local Environmental Plan. In light of this work, I have conditioned the Gateway to note that the Department’s standard approach and advise that the wording of the proposed local character clause could change subject to legal drafting.
In light of the recommendations above, I would like to offer Council the opportunity to be briefed by the Department on why we have taken this decision.
4 Parramatta Square, 12 Darcy Street, Parramatta NSW 2150 | Locked Bag 5022 Parramatta NSW 2124 | planning.nsw.gov.au
I have also agreed, as delegate of the Secretary, the planning proposal’s
inconsistencies with section 9.1 Directions 5.9 Northwest Rail Link Corridor Strategy and 6.3 Site Specific Provisions are justified in accordance with the terms of the Direction.
Council may still need to obtain the agreement of the Secretary to comply with the requirements of relevant section 9.1 Directions 3.1 Residential Zones, 4.4 Planning for Bushfire Protection, and 6.2 Land Reservation for Public Purposes. Council should ensure this occurs prior to the plan being made. As required by Direction 4.4 Planning for Bushfire Protection the Gateway includes a condition requiring that Council consults the Rural Fire Service prior to exhibition of the Plan. Having regard to the timeframe for finalisation of the Plan please contact the Department if you require assistance with this consultation.
Council is required to submit the planning proposal to the Department for finalisation prior to 30 June 2020. Council should aim to commence the exhibition of the planning proposal as soon as possible. Council’s request for the Department of Planning, Industry and Environment to draft and finalise the LEP should be made before the required date.
The State government is committed to reducing the time taken to complete LEPs by tailoring the steps in the process to the complexity of the proposal, and by providing clear and publicly available justification for each plan at an early stage. In order to meet these commitments, the Minister may take action under section 3.32(2)(d) of the Act if the time frames outlined in this determination are not met.
Should you have any further enquiries about this matter, I have arranged for Ms Angela Hynes to assist you. Ms Hynes can be contacted on 9860 1558.
Yours sincerely
03/04/2020 Catherine Van Laeren
Executive Director
Central River City and Western Parkland City
Encl: Gateway determination
Gateway Determination
Planning proposal (Department Ref: PP_2019_THILL_009_00): to amend The Hills Local Environmental Plan 2019 to give effect to Central City District Plan and The Hills LSPS.
I, the Executive Director, Central River City and Western Parkland City at the Department of Planning, Industry and Environment, as delegate of the Minister for Planning and Public Spaces, have determined under section 3.34(2) of the
Environmental Planning and Assessment Act 1979 (the Act) that an amendment to the Hills Local Environmental Plan (LEP) 2019 should proceed subject to the following conditions:
1. Prior to public exhibition, the planning proposal is to be amended as follows:
(a) remove references to “The Hills Local Environmental Plan 2020” and a
“comprehensive review” of the Local Environmental Plan;
(b) update references to the proposal to represent an amendment to The Hills Local Environmental Plan 2019;
(c) remove the proposed amendment to introduce an aim of the LEP and local provision to give effect to the LSPS, district and regional strategic plans and any other references;
(d) include a draft sunset provision under the proposed clause ‘Maximum number of dwellings at ‘Northern Precinct’ Rouse Hill Town Centre stating that the 375 dwelling cap may be revised once Council complete precinct planning for Rouse Hill by June 2021;
(e) for the proposed amendment to rezone land at Beaumont Hills, Rouse Hill and Kellyville provide a quantitative analysis to assess the impacts of the proposal on housing diversity and supply, as follows:
(i) the number of unconstrained lots which can be redeveloped for attached dwelling, multi-dwelling housing, and seniors housing developments;
(ii) the number of reduced potential dwellings from the rezoning;
(iii) the number of potential lots that would be eligible for manor
houses/multi-dwelling housing under the Low Rise Medium Density Housing Code in the R3 Medium Density Residential zone,
considering the SEPP exclusions (such as sites below the minimum lot size and land subject to heritage provisions); and
(iv) the number of attached dwelling, multi-dwelling housing, and seniors housing developments approved in the R3 Low Density Residential zone in the past five years;
PP_2019_THILL_009_00 (IRF 19/7680) (f) for the proposed local character clause:
(i) update the explanation of the proposed clause to include how the clause intends to be implemented and the desired outcome for the Showground Station Precinct; and
(ii) note the Department’s work on a local character overlay and state that the wording of the proposed clause could change subject to legal drafting;
(g) include an assessment under State Environmental Planning Policy No 55 – Remediation of Land;
(h) consult the NSW Rural Fire Service prior to public exhibition in
accordance with section 9.1 Direction 4.4 Planning for Bushfire Protection and address any comments from this agency;
(i) include the intention to introduce a new savings and transitional clause to ensure that proposed amendments do not affect any development
applications or appeal processes; and
(j) include a note that the draft proposed clauses will be subject to legal drafting and may alter under this process.
2. Public exhibition is required under section 3.34(2)(c) and schedule 1 clause 4 of the Act as follows:
(a) the planning proposal must be made publicly available for a minimum of 28 days; and
(b) the planning proposal authority must comply with the notice requirements for public exhibition of planning proposals and the specifications for material that must be made publicly available along with planning proposals as identified in section 6.5.2 of A guide to preparing local environmental plans (Department of Planning, Industry and Environment, 2018).
3. Council is to inform all landowners affected by amendments to minimum lot sizes and rezoning from R3 Medium Density Residential to R2 Low Density Residential in writing about the exhibition of the proposal, outlining the effect of the proposed changes.
4. Consultation is required with the following public authorities/organisations under section 3.34(2)(d) of the Act and/or to comply with the requirements of relevant section 9.1 Directions:
• Sydney Water;
• NSW Rural Fire Service;
• Department of Premier and Cabinet – NSW Heritage; and
• Greater Sydney Commission.
Each public authority/organisation is to be provided with a copy of the planning proposal and any relevant supporting material and given at least 21 days to comment on the proposal.
PP_2019_THILL_009_00 (IRF 19/7680) 5. A public hearing is not required to be held into the matter by any person or
body under section 3.34(2)(e) of the Act. This does not discharge Council from any obligation it may otherwise have to conduct a public hearing (for example, in response to a submission or if reclassifying land).
6. Council is required to submit the planning proposal to the Department for finalisation prior to 30 June 2020.
Dated 3rd day of April 2020.
Catherine Van Laeren
Executive Director, Central River City and Western Parkland City
Greater Sydney, Place and Infrastructure
Department of Planning, Industry and Environment
Delegate of the Minister for Planning and Public Spaces
COMPOSITE GATEWAY DETERMINATION
Composite prepared by Hills Shire Council - requirements of Gateway Determination issued 3 April 2020 as amended by Gateway Alterations issued 26 May 2020 (shown in red) .
Planning proposal (Department Ref: PP_2019_THILL_009_00): to amend The Hills Local Environmental Plan 2019 to give effect to Central City District Plan and The Hills LSPS.
I, the Executive Director, Central River City and Western Parkland City at the Department of Planning, Industry and Environment, as delegate of the Minister for Planning and Public Spaces, have determined under section 3.34(2) of the Environmental Planning and Assessment Act 1979 (the Act) that an amendment to the Hills Local Environmental Plan (LEP) 2019 should proceed subject to the following conditions:
1. Prior to public exhibition, the planning proposal is to be amended as follows:
(a) Deleted (b) Deleted
(c) remove the proposed amendment to introduce an aim of the LEP and local provision to give effect to the LSPS, district and regional strategic plans and any other references;
(d) include a draft sunset provision under the proposed clause ‘Maximum number of dwellings at ‘Northern Precinct’ Rouse Hill Town Centre stating that the 375 dwelling cap may be revised once Council completes precinct planning for Rouse Hill by December 2021;
(e) for the proposed amendment to rezone land at Beaumont Hills, Rouse Hill and Kellyville provide a quantitative analysis to assess the impacts of the proposal on housing
diversity and supply, as follows:
(i) the number of unconstrained lots which can be redeveloped for attached dwelling, multi-dwelling housing, and seniors housing developments;
(ii) the number of reduced potential dwellings from the rezoning;
(iii) the number of potential lots that would be eligible for manor houses/multi-dwelling housing under the Low Rise Medium Density Housing Code in the R3 Medium Density Residential zone, considering the SEPP exclusions (such as sites below the minimum lot size and land subject to heritage provisions); and
(iv) the number of attached dwelling, multi-dwelling housing, and seniors housing developments approved in the R3 Low Density Residential zone in the past five years;
(f) for the proposed local character clause:
(i) update the explanation of the proposed clause to include how the clause intends to be implemented and the desired outcome for the Showground Station Precinct; and (ii) note the Department’s work on a local character overlay and state that the wording
of the proposed clause could change subject to legal drafting;
(g) include an assessment under State Environmental Planning Policy No 55 – Remediation of Land;
(h) consult the NSW Rural Fire Service prior to public exhibition in accordance with section 9.1 Direction 4.4 Planning for Bushfire Protection and address any comments from this agency;
(i) Deleted
(j) include a note that the draft proposed clauses will be subject to legal drafting and may alter under this process.
2. Public exhibition is required under section 3.34(2)(c) and schedule 1 clause 4 of the Act as follows:
(a) the planning proposal must be made publicly available for a minimum of 28 days; and
(b) the planning proposal authority must comply with the notice requirements for public exhibition of planning proposals and the specifications for material that must be made publicly available along with planning proposals as identified in section 6.5.2 of A guide to preparing local environmental plans (Department of Planning, Industry and
Environment, 2018).
3. Council is to inform all landowners affected by amendments to minimum lot sizes and rezoning from R3 Medium Density Residential to R2 Low Density Residential in writing about the exhibition of the proposal, outlining the effect of the proposed changes.
4. Consultation is required with the following public authorities/organisations under section 3.34(2)(d) of the Act and/or to comply with the requirements of relevant section 9.1 Directions:
Sydney Water;
NSW Rural Fire Service;
Department of Premier and Cabinet – NSW Heritage; and
Greater Sydney Commission.
Each public authority/organisation is to be provided with a copy of the planning proposal and any relevant supporting material and given at least 21 days to comment on the proposal.
5. A public hearing is not required to be held into the matter by any person or body under section 3.34(2)(e) of the Act. This does not discharge Council from any obligation it may otherwise have to conduct a public hearing (for example, in response to a submission or if reclassifying land).
6. Council is required to submit the planning proposal to the Department for finalisation prior to 30 June 2020. (Extension issued to 31 August 2020 by Minister)
