Planning & - The Hills Shire Council - NSW Government

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NSW

GOVERNMENT

Planning &

Environment

Mr Dave Walker General

Manager

The Hills Shire Council PO Box 7064

Baulkham Hills Be 2153

BATCH NO:

TIME:

-

4 MAR 2015

Attention: Ms Kate Clinton THE HILLS SHIRE

COUNel~

Dear Mr Walker

Planning Proposal

^{to rezone 912-914} Old Northern

Road, Glenorie,

^{amend the}

floor space ratio controls and remove a Schedule 1 Additional Permitted Use

provision

^{on the site.}

I am

writing

in response ^to Council’s letter

requesting

^a

Gateway

Determination under section 56 of the Environmental

Planning

and Assessment Act 1979

("EP&A Act")

ⁱⁿ

respect

^{of the}

planning proposal

^{to amend The} Hills Local Environmental Plan 2012 to rezone 912-914 Old Northem

Road,

Glenorie from RU6 Transition Zone to IN2

Light

Industrial _zone, insert a floor space ratio control ^on the site and delete a Schedule 1 Additional Permitted Use

provision

^{on the site.}

As

delegate

^of the Ministerfor

Planning,

^{I have now} determined that the

planning proposal

^should

proceed subject

^to the conditions in the attached

Gateway

Determination.

The

Secretary’s delegate

^{has also}

agreed

^{that the}

planning proposal’s inconsistency

with Section 117 Directions 1.2 ^- Rural

Zones,

^{and 4.3}

-Integrating

^{Land Use and}

Transport

is of minor

significance.

^{No further}

approval

^is

required

^{in relation to these}

Directions.

I note that Council has not

requested delegation

^of the Minister’s

plan making

^functions

for this

planning proposal.

^That

being said,

^it is considered

appropriate

^to

delegate

these functions to Council in this

instance,

and attached is a Written Authorisation to exercise

delegation.

Council is to

complete

the evaluation criteria to exercise

delegation

^and

provide

^a copy to the

regional

^office

prior

^to

commencing exhibition,

and

complete

Attachment 5

Delegation

^{of Plan}

Making Reporting

^before

finalising

^{the Plan.}

The

Gateway

Determination

requires

that the

planning proposal

^{be made}

publicly

available for a

period

^{of 28}

days.

^{Under section}

57(2)

^{of the}

Act,

^{I am} satisfied that the

planning proposal,

when amended _as

required by

^the

Gateway Determination,

is in a

form that can be made available for

community

consultation.

The

amending

Local Environmental Plan

(LEP)

is to be finalised within 18 months of the week

following

the date of the

Gateway

Determination. Council should aim to

commence the exhibition of the

Planning Proposal

within four

(4)

^weeks from the week

following

this determination. Council’s

request

^{for the}

Department

^to draft and finalise the LEP should be made six

(6)

^weeks

prior

^{to the}

projected publication

^date.

Bridge Street Office: 23-33 Bridge Street. Sydney ^{NSW 2000 GPO Bo~ 39} Sydney NSW ²⁰⁰¹ OX 22 Sydney Telephone: (02) ^{9228 61 I 1} Facsimile: (02) ^{9228 6455 Website:} ww.v.planning.nsw.gov.3U

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t,tk

--

NSW

GOVERNMENT

Planning &

Environment

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

s54(2)(d)

^of the EP&A Act if the time frames outlined in this determination are not met.

Should you have any

queries

ⁱⁿ

regard

^{to this} matter,

please

^{contact Tessa}

Panmeter,

^of

the

Metropolitan (Parramatta)

^{Office of the}

Department

^of

Planning

and Environment on

9860 1555.

Yours

sincerely

,

.RrJ~

-J

_{27/2/201 s}

Rachel

Cumming

Director

Metropolitan (Parramalta) Planning

^Services

Bridge Street Office: 23-33 Bridge Street, Sydney ^{NSW 2000 GPO Box 39} Sydney ^{NSW 2001 OX 22} Sydney Telephone: (02) ^{9228 6111} Facsimile: (02) ^{9228 6455 Website:} WWoY.planning.nsw.gov,au

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NSW

GOVERNMENT

Planning &

Environment

Gateway Determination

Planning Proposal (Department

^Ref:

PP_2015_THILL_OOI_00):

^{rezone 912-914}

Old Northern

Road.

Glenorie from RU6 Transition Zone to IN2

Light

Industrial _zone, include a floor space ratio of 0.75:1 ^on the

site.

and delete a Schedule 1 Additional Permitted Use

provision

on the site.

I,

^the

Director, Metropolitan (Parramatta)

as

delegate

^of the Minister for

Planning.

have determined under section

56(2)

^of the EP&A Act that an amendment to The Hills Local Environmental Plan 2012 should

proceed subject

^{to the}

following

conditions:

1. Prior to Public

Exhibition,

Council is to amend the

planning proposal

^to:

a. Consider Section 117 Direction 7.1 ^- A Plan for

Growing Sydney;

b. Assess the

consistency

^{of the}

planning proposal

^with

Sydney Regional

Environmental Plan No. 20

Hawkesbury-Nepean

^River

(No.2

^-

1997).

and if

required

consult with Local Land

Services.

^Greater

Sydney.

2.

Community

consultation is

required

under sections

56(2)(c)

and 57 of the Environmental

Planning

^and Assessment Act 1979 as follows:

(a)

^the

planning proposal

^{must be made}

publicly

available for a minimum of 28

days;

^and

(b)

the relevant

planning 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 5.5.2 of A Guide to

Preparing

^Local

Environmental Plans

(Department

^of

Planning

^& Infrastructure

2013).

3. Consultation is

required

^{with the}

following public

authorities under section

56(2)(d)

of the Environmental

Planning

& Assessment Act 1979 andlor to

comply

^{with the}

requirements

of relevant Section 117 Directions:

. New South Wales Environmental Protection

Authority

.

Hornsby

Shire Council

.

Sydney

^Water

. Roads and Maritime Services

.

Department

^of Trade and Investment ^- Crown Lands

. NSW Rural Fire Service

Each

public authority

^{is to be}

provided

^{with a} copy of the

planning proposal

^and

any relevant

supporting

material. Each

public authority

^{is to be}

given

^{at least 21}

days

to comment on the

proposal,

^{or to} indicate that

they

^will

require

additional time to comment on the

proposal.

Public authorities may

request

additional information or additional matters to be addressed in the

planning proposal.

4. A

public hearing

^{is not}

required

to be held into the matter

by

any person ^or

body

under section

56(2)(e)

of the EP&A Act. This does not

discharge

Council from

PP _2015_THlll_001_00

"

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--

NSW

GOVERNMENT

Planning &

Environment

any

obligation

it may otherwise have ^to conduct a

public hearing (for example,

in response ^{to a} submission or if

reclassifying land).

5. The timeframe for

completing

the LEP is to be 18 months from the week

following

the date of the

Gateway

determination.

Dated

27~ day

^of

February

^2015.

J rJ~

Rachel

Cumming

Director

Metropolitan (Parramatta) Planning

^Services

Delegate

^of the Minister for

Planning

PP _2015_THILL_001_00

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~tk

NSW

GOVERNMENT

Planning &

Environment

WRIITEN AUTHORISATION TO EXERCISE DELEGATION

The Hills Shire Council is authorised to exercise the functions of the Minister for

Planning

under section 59 of the Environmental

Planning

^and Assessment Act 1979 that are

delegated

^{to it}

by

instrument of

delegation

^{dated 14 October} 2012, in relation to the

following planning proposal:

Number Name

PP

_2015_ THILL_001_00 Planning proposal

^{to rezone 912-914} Old Northern Road to IN2

Light

Industrial zone, apply ^{a floor} space ratio of 0.75: 1 on the site, and delete an additional permitted use on the site.

In

exercising

the Minister’s functions under section 59, the Council must

comply

^{with the}

Department’s

^gA

guide

^to

preparing

^focal environmental

plans"

^{and UA}

guide

^to

preparing planning proposals".

Dated

1- 7-/1- I

^{02. 2015}

Rr:r~

Rachel

Cumming

Director

Metropolitan (Parramatta) Planning

^Services

Department

^of

Planning

and Environment

Delegate

^{of the} Minister for

Planning

v .

ATTACHMENT 4

^-

EVALUATION CRITERIA FOR THE DELEGATION OF PLAN MAKING FUNCTIONS

Checklist

for

the

review of a

request for delegation

^of

plan making

functions to

councils

Local Government Area:

Name of draft lEP:

Address of land

(if applicable):

Intent of draft lEP:

Additional

Supporting

Points/Information:

. J

Council

Department

Evaluation criteria for the issuing of

^{an reSDonse assessment}

YIN ^’ot

Agree

^’ot

Authorisation

^{leyant -,-}

(Note:

^{where the matter} is identified as relevant and the

requirement

^{has not been}

met,

council is attach infonnation to eXDlain why the matter has not been addressed)

,

Is the

planning proposal

consistent with the Standard Instrument Order, 2006?

Does the

planning proposal

^{contain an}

adequate explanation

^of

the intent,

objectives,

and intended outcome of the

proposed

amendment?

Are

appropriate

maps included to

identify

the location of the site and the intent of the amendment?

Does the

planning proposal

contain details related to

proposed

consultation?

Is the

planning proposal compatible

^{with an endorsed}

regional

^or

sub-regional planning strategy

^{or a local}

strategy

^endorsed

by

the Director-General?

Does the

planning proposal adequately

^address any

consistency

with all relevant S 117

Planning

Directions?

Is the

planning proposal

consistent with all relevant State Environmental

Planning

^Policies

(SEPPs)?

Minor

Mapping

^{Error Amendments}

YIN

Does the

planning proposal

^{seek to address a minor}

mapping

error and contain all

appropriate

maps that

clearly identify

^the

error and the manner in which the error will be addressed?

Heritage

^LEPs

Y/N

.’ .

Does the

planning proposal

^{seek to add or remove a local}

heritage

item and is it

supported by

^a

strategy/study

^endorsed

by

the

Heritage

^Office?

Does the

planning proposal

include another form of endorsement

or

support

^{from the}

Heritage

Office if there is no

supporting strategy/study?

Does the

planning proposal potentially impact

^{on an} item of State

Heritage Significance

^{and if} so, have the views of the

Heritage

Office been obtained?

e’ . .

- -

YIN Reclassifications

.

-

- ,,,. ,., . .

Is there an associated

spot rezoning

^{with the} reclassification?

If yes to the

above,

is the

rezoning

consistent with an endorsed Plan of

Management (POM)

^or

strategy?

Is the

planning proposal proposed

^to

rectify

^an

anomaly

ⁱⁿ a

classification?

Will the

planning proposal

be consistent with an

adopted

^{POM or}

other

strategy

^{related to the site?}

Will the draft LEP

discharge

any interests in

public

^{land under}

section 30 of the Local Government

Act,

’993?

If _so, has council identified all

interests;

whether any

rights

^or

interests will be

extinguished;

any ^trusts and covenants relevant to the

site; and,

^included a copy of the title with the

planning proposal?

Has the council identified that it will exhibit the

planning proposal

in accordance with the

department’s

Praclice Note

(PN 09.003)

Classification and reclassification of

public

^land

through

^{a local}

environmental

plan

and Best Practice Guideline for LEPs and Council Land?

Has council

acknowledged

^{in its}

planning proposal

^{that a Public}

Hearing

^{will be}

required

^and

agreed

to hold one as

part

^{of its}

documentation?

..., ---

YIN

Spot Rezonlngs

.’.’ --

Will the

proposal

^{result in} a loss of

development potential

^{for the}

site

(ie

reduced FSR or

building height)

that is not

supported by

an endorsed

strategy?

Is the

rezoning

^{intended to address an}

anomaly

^{that has been}

identified

following

the conversion of a

principal

^{LEP into a}

Standard Instrument LEP fonmat?

Will the

planning proposal

^{deal with a}

previously

^{deferred matter}

in an

existing

^{LEP and if} so, does it

provide enough

information to

explain

^how the issue that lead to the deferral has been addressed?

If yes, does the

planning proposal

contain sufficient documented

justification

^{to enable} the matter to

proceed?

Does the

planning proposal

^{create an}

exception

^{to a}

mapped I I development

^standard?

Section 73A matters

Does the

proposed

^instrument

a. correct an obvious error in the

principal

instrument

consisting

of a

misdescription,

the inconsistent

numbering

^of

provisions,

a wrong

cross-reference,

a

spelling

error, ^a

grammatical mistake,

the insertion of

obviously missing words,

^the removal of

obviously

unnecessary words ^{or a}

formatting error?;

b. address matters in the

principal

instrument that are of a

consequential, transitional, machinery

^or other minor

nature?;

or

c. deal with matters that do not warrant

compliance

^{with the}

conditions

precedent

^{for the}

making

of the instrument

because

they

^{will not} have any

significant

^adverse

impact

^on

the environment _or

adjoining

^land?

(NOTE

^- the Minister

(or Delegate)

^{will need to form an}

Opinion

under section

73(A(1 )(c)

^of the Act ⁱⁿ order for a matter in this

category

^to

proceed).

NOTES

. Where a council

responds ’yes’

or can demonstrate that the matter is ’not

relevant’,

in most _cases, the

planning proposal

^will

routinely

^be

delegated

^to

council to finalise as a matter of local

planning significance.

. Endorsed

strategy

^{means a}

regional strategy, sub-regional strategy,

^or any other local

strategic planning

^document that is endorsed

by

the Director-General of the

department

Attachment 5

^-

Delegated plan making reporting template

Reporting template for delegated LEP amendments

Notes:

.

Planning proposal

^{number will be}

provided by

^the

Department

^of

Planning

and Environment

following receipt

^{of the}

planning proposal

. The

Department

^of

Planning

and Environment will fill in Ihe details of Tables 1 and 3

. RPA is to fill in details for Table 2

. If the

planning proposal

is exhibited more Ihan _once, the RPA should add additional rows to Table 2 to include this information

. The RPA must

notify

the relevant contact officer in the

regional

^{office in}

writing

^{of the dates as}

they

^{occur to ensure the}

publicly

accessible LEP

Tracking System

^is

kept

up ^to date

. A copy of this

compleled report

^{must be}

provided

^{to the}

Department

^of

Planning

and Environment with the RPA’s

request

^to have the LEP notified

bl T o f PI dE

Ta e1- o be completed by epartment 0 annmg ^an nVlronment

Staae DatelDetails

Planning Proposal

^Number PP 2015 THILL 001 00 Date Sent to DP&E under s56 30 October 2014

Date considered at LEP Review N/A Panel

(if applicable)

Gateway

determination date 27 February 2015

T bl a e2 ^-T b0 e comole I t edb th RPAov e

Stage

Date/Details Notified

Rea ^Off Dates draft LEP exhibited

Date of

public hearing (if held)

Date sent to PCO seekina Opinion Date

Opinion

^received

Date Council Resolved to Adopt LEP Date LEP made

by

^GM

(or other)

under deleaation

Date sent to DoP&E

requesting

notification

T bt 3 T ba e ^- 0 e comoletedb 0oy epartment ⁰fPIanmng ^andE^nVlronment

Staae Date/Details

Notification Date and details

Additional relevant information: