8. analysis of opportunities and constraints · 8. analysis of opportunities and constraints ......

8. ANALYSIS OF OPPORTUNITIES AND CONSTRAINTS

This section of the report provides a detailed investigation into the opportunities and constraints of the subject lands to support future residential development. This analysis is broken down by land holdings to investigate environmental constraints to development and general opportunities and constraints. The methodology adopted to review each site is provided below.

Environmental Constraints to Development Mapping

There are a number of environmental issues which affect the subject lands. To ascertain which lands present opportunity for future residential development, detailed site specific environmental investigations are required. It is noted that the applicant has submitted a range of desktop investigations and, for selected lands, detailed studies relating to land stability. Council is not able to rely on these investigations as they either do not provide adequate detail, do not provide mapping information, or are outdated.

Opportunities and Constraints Analysis Mapping has been undertaken, based on existing Council GIS data. It is noted that GIS data utilised has not been subject of detailed field surveys or ground truthing and therefore remains a desktop analysis. Investigations by the applicant have been cross referenced against mapping produced. The constraints data matches that used by Council.

Mapping has been deliberately focussed on environmental issues which preclude or restrict development opportunities. These include:

Environmental Criteria Implication on Development Opportunity

Known Landslip. Development not recommended.

Ecologically Endangered Communities (with 20m buffer).

Development not recommended.

Core Vegetation (as defined by the IESMP). Development not recommended.

Biophysical Support for Core (as defined by the IESMP).

Limited development permitted where development will result in improved conservation outcome of the land.

Landscape Support for Core (as defined by the IESMP).

Land may provide development opportunities, including environmentally appropriate / sensitive residential development.

Riparian Corridors. Development not recommended.

Land Stability – Very High Risk. Development not recommended.

Land Stability – Medium - High Risk. Development not recommended due to the level of works required within environmentally sensitive sites.

It is noted that based on the mapping data used, findings of the Environmental Constraints to Development Mapping require site specific field surveys and ground truthing to demonstrate the actual extent of environmental constraints. The extent of development limitations may be reduced or further extended based on the findings of more detailed analysis.

General Opportunities and Constraints

In addition to environmental criteria, a review of each land holding’s opportunities and constraints against general criteria was undertaken to investigate each site’s ability to support future residential development. The key criteria are outlined below:

• Bushfire Hazard: mapped bushfire areas; distance from nearest access road; APZ requirements; slope; evacuation options;

• Indigenous and Non-Indigenous Heritage: known cultural heritage sites; heritage items and heritage landscape. The escarpment is an item of Landscape Heritage;

• Buildings and Services: proximity to existing infrastructure; access for emergency and essential service vehicles; water and sewer;

• Ridgelines: significant from an Indigenous Heritage and visual perspective; bushfire; visual amenity;

• Visual Amenity: impact on visual quality; maintaining the interface between Mt Kembla Village and Cordeaux Heights;

• Potential Contamination: stockyard areas; riparian corridors; and

• Access: vehicular access to the site; impact of additional trips generated on existing residents; WDCP 2009 controls; bushfire access; satisfactory emergency access and servicing arrangements. Future maintenance requirements, safety.

9 EVALUATION OF INDIVIDUAL PROPERTIES

This section provides an assessment for each individual land holding, drawing on the strategic and statutory planning context; recommendations of previous studies (COI, IESMP, and LURS); a detailed constraints analysis; and Principles for Sustainable Development included with this report.

9.1 BURNS: 271 CORDEAUX ROAD MT KEMBLA NSW 2526 (LOT 1

DP709986)

SUMMARY OF OPPORTUNITIES AND CONSTRAINTS

Site Area Approximately 6.38 hectares

Existing Development on the Site

2 existing buildings (one a dwelling house).

Zoning WLEP 2009: E3 zone – minimum lot size of 40ha.

COI recommended rezoning land to 7(b) to ‘ensure no further urban development encroaches onto lands that are abutting core escarpment area’.

IESMP Landscape Support for Core in IESMP, with some small sections of Core Vegetation.

Classification of land allows development where it will result in improved conservation outcomes for the land.

LURS Identification Site 24 – recommendation for E3 zone to provide interface between Mt Kembla Village and Cordeaux.

On Site Services All services available.

Known Landslip

Known landslip along the western edge of the site, running adjacent to the rear boundary of neighbouring residential properties. This land would be required to be used to provide vehicular access to the site.

The whole site is mapped as being suspected of landslip.

EEC (with 20m buffer) No EEC identified on the site.

Riparian Corridors

Category 1 Riparian corridor identified in the south eastern corner of the site.

Development would need to be setback from riparian corridor with relevant buffer areas retained, and introduced development to protect quality of watercourses.

Land Instability Substantial land stability risk across the site. Central and southern part of the site subject to Moderate to High and Very High Risk of Land Instability. Site contains areas of very steep slope. Unstable land affected.

Bushfire Hazard Bushfire prone affected.

Indigenous and Non-Indigenous Heritage

Heritage site located across Cordeaux Road - Mt Kembla Hotel.

Ridgelines The ridgeline is visually prominent from the south and east.

Visual Amenity Development of the site needs to protect the visual buffer / green corridor between Cordeaux Heights and Mt Kembla. The visual

impact of any proposal will need to be investigated. Council needs to avoid setting a precedent for development within the buffer area.

Potential Contamination

Contamination unlikely, however this needs to be established through further analysis.

Access

The site does not have a street frontage. Vehicular access is limited, provided to the site via an existing driveway established for some six (6) existing properties. The legal status of the access for other properties is uncertain.

The right of way is narrow and unsealed and would need to be upgraded substantially to enable any development to be supported at this site.

This site is essentially an existing battle-axe block, sitting behind residential properties which address Cordeaux Road. The access requirements, subdivision layout and proposed number of dwellings do not meet the development controls as outlined in the Wollongong Development Control Plan.

SUBMITTED PROPOSAL

• Seeking 8 additional lots of approximately 5000m², accessed via two roads (a public access way and a private access way);

• Proposed zones E3 Environmental Management and E2 Environmental Conservation;

• 2 of the 8 lots would assume responsibility for rehabilitation of the riparian corridor (VMP); and

• Proposing to allow access at two locations to the adjoining Foster property to facilitate development in the neighbouring site.

ISSUES RAISED IN SUBMISSIONS

• Drainage – the right of way already incurs problems – another road down the steep hill will mean more water from 2 directions.

• Location of vehicular access opposite hotel – would significantly add to traffic movements on a narrow road/laneway. Exiting into Cordeaux Road is already a problem due to poor visibility/blind corner. Adding traffic will escalate problem – views are restricted – new and unacceptable risk.

• Restrictions on parking on Cordeaux Road either side of right of way will not work, who will enforce it. Happened in past as bus zones put in place, people still park there.

• Does not maintain COI recommended zoning; riparian corridor needs to be maintained.

• Object to development on this lot based on instability of land.

• Loss of visual buffer between Cordeaux Heights and Mt Kembla, critical to maintaining identity of village. DCP 29 and more recent WDCP 2009 emphasise protection of character of this unique village. If higher density of Cordeaux Heights joins the village then buffer zone protecting village is gone forever.

• Need to consult with community again as well as Aboriginal Land councils, Mt Kembla Mining Heritage Inc plus others.

• Large lots which retain bushland character are acceptable, provided building envelopes are confined to obscure lowland areas.

• Proposed emergency access arrangements are of concern – it would link the Burns and Foster sites and potentially the whole upper region of Cordeaux Heights. What is to stop the residents of Cordeaux Heights using it?

• RTA: Subdivision will increase traffic in close proximity to Mt Kembla School. Need to consider impact on vehicle and pedestrian safety around this school. Need to identify suitable infrastructure to ameliorate, and consider safety and traffic impacts.

RECOMMENDATION

It is recommended that the Council resolve to proceed with the rezoning of a more limited Development Opportunity Envelope to that exhibited for the ‘Burns’ site - 271 Cordeaux Road Mt Kembla (Lot 1 DP709926), for the following reasons:

The site has all services available and is relatively unconstrained from an environmental impact perspective. The land upon which new residential allotments and associated dwellings are proposed is classified as Landscape Support for Core. In line with the IESMP, limited development may be supported in Landscape Support for Core areas providing an improved conservation outcome for the land can be demonstrated. A VMP will be established among the owners for rehabilitation of the riparian corridor situated in the south of the site.

The capacity of the site is significantly constrained by land instability. Substantial areas of the site are identified as Medium to High Risk Land Slip with some areas Known Land Slip. The recommended Development Opportunity Envelope is located outside known slip areas. Further geotechnical assessments will be required at the Development Application stage to determine suitability of the land for housing and the construction techniques required.

From an access point of view, the site currently presents limited opportunity to support additional residential development. As an existing battle-axe subdivision, vehicular access via an established right of way which currently supports some six (6) dwellings is not best practice, and introducing more than two properties in a battle-axe subdivision contravenes Council’s subdivision policy. Plans have subsequently been submitted by the proponent for a dedicated road to be built in accordance with relevant Australian and Council standards to accommodate access for an additional two to three dwellings.

The established green corridor between Cordeaux Heights and Mt Kembla represents an important visual amenity and landscape character feature for the local community. This has implications for the siting of any potential new dwellings. To ensure the visual buffer is protected, any future development will be restricted to just beneath the ridgeline within the Development Opportunity Envelope indicated. The dwelling site locations would not be visible from Cordeaux Road. The green corridor will be preserved, with the riparian corridor rehabilitation as part of the VMP contributing in this regard. Construction materials would need to be controlled to ensure the visual impact on views from the south and east are not compromised.

An E4 Environmental Living zoning with a minimum lot size of 5000m² is recommended for the Development Opportunity Envelope area, with the remainder of the site to be zoned E3 Environmental Management to protect the interface between Mt Kembla Village and Cordeaux Heights.

9 2 FOSTER: LOT 1 ARALUEN AVENUE MT KEMBLA NSW 2526 (LOT 1 DP

588781 AND PART LOT 1 DP 518006


Site Area Approximately 42.71 hectares.


2 dwellings currently exist in the western portion of the property, accessed via a right of way off Araluen Avenue.


IESMP Landscape Support for Core on land to south east, the balance of the site is Core Vegetation and Biophysical Support for Core, as identified in IESMP.


LURS Identification Site 19 – recommendation for E2 zone as significant Core Vegetation and Biophysical Support for Core. Dwelling entitlement has been taken up – existing use rights enabled it to remain.

On Site Services Site is unserviced and relies on reticulated sewerage, tank water and power provided by a generator.

Known Landslip The whole site is mapped as being suspected of landslip. Some areas of known landslip identified.

EEC (with 20m buffer) Significant areas of EEC identified on the site.

Riparian Corridors

Category 1 Riparian corridors traverse the site.

Development would need to be setback from riparian corridors with relevant buffer areas retained, and introduced development to protect quality of watercourses. Opportunity to rehabilitate riparian corridor.

Land Instability Site contains areas of very steep slope. Unstable land affected.



Heritage Conservation Area (Landscape) located in south west corner of site.

Ridgelines and riparian areas have potential to contain Aboriginal archaeology.

Ridgelines

Prominent ridgelines Development on ridgeline not supported from a bushfire risk, visual impact, servicing and access perspective. Ridgeline development is further constrained by the fact that it is surrounded by core vegetation..

Visual Amenity

Development of the site needs to protect the visual buffer / green corridor between Cordeaux Heights and Mt Kembla. The proposed dwelling sites along the ridge separating Mt Kembla and Cordeaux

heights are narrow and constrained, suggesting extensive earth works are likely to be necessary to create a reasonable building envelope and access. The visual impact of any proposal will need to be investigated.



Access

Access to the current two dwellings is via a right of way off Araluen Avenue. Access to three proposed lots is via a public access way off a driveway that connects the Foster property with the end of Ridgecrest. The driveway (Lot 618) is burdened by a right of way variable width in favour of Lots 607, 608, 609 and 610. Access to one proposed lot is through Lot 537 off the end of Northspur, owned by Mr Foster. Access to four proposed lots is through two separate points on the Burns property (private access way).

The concept subdivision layout and proposed location of development is not considered to be a good planning outcome.

Eastern Gas Pipeline Eastern Gas Pipeline easement burdens this property.

SUBMITTED PROPOSAL

• Seeking – 8 dwellings at a density of 1 dwelling/6 ha;

• Proposing E3 and E2 zoning;

• Access to 4 proposed lots is through two separate points on the Burns property (private access way);

• Access to 3 proposed lots is via a public access way off a driveway that connects the Foster property with the end of Ridgecrest. The driveway (Lot 618) is burdened by a right of way variable width in favour of Lots 607, 608, 609 and 610;

• Access to one proposed lot is through Lot 537 off the end of Northspur, owned by Mr Foster; and

• VMP to rehabilitate creek and bushland. Dedication of remnant forest.


• Will lead to future environmental degradation;

• One of proposed blocks on DP 588781 and DP 108006 also has access via the right of way opposite Mt Kembla Hotel (this right of way is only access to our home). Existing right of way will have to service 9 new properties, more traffic and service vehicles;

• In an emergency such as a bushfire, occupants of 15 new properties and 7 existing would all exit opposite Mt Kembla hotel. Will there be any restrictions on occupants using the emergency exit every day? Will residents be able to drive up Ridgecrest Drive and exit via the emergency exit then onto the ROW coming out opposite the hotel?

• Concerns about houses built high up and will be visible from long distances away. Not conducive to leaving visual buffer around Mt Kembla Village;

• Serious concerns regarding traffic and bushfire;

• Infrastructure, particularly access issues;

• Development will obscure views of mountain;

• Extensively vegetated. Impact on rainforest and riparian corridors;

• Proposed emergency access arrangements of concern – links the two sites and potentially the whole upper region of Cordeaux Heights. What is to stop the residents of Cordeaux Heights using it?

• Recently learnt a development application for subdivision in Lot 1 DP 588781 and Lot 1 DP 518006 has been lodged. Owners have right to, but this is an ad hoc approach and is supposed to be avoided by development of a draft concept plan. Where is the consistency of a planned approach?

RECOMMENDATION

It is recommended that the Council resolve to proceed with the rezoning of a more limited Development Opportunity Envelope to that exhibited for the ‘Foster’ site - Lot 1 Araluen Avenue, Mt Kembla (Lot 1 DP588781 and Part Lot 1 DP518006), for the following reasons:

Limited development potential exists in the eastern part of the property off Ridgecrest and Northspur, subject to further investigation (possibly 3 lots in total) where Mr Foster has legal access rights and the level of development proposed wouldn’t be regarded as intensification. These Development Opportunity Envelopes are located in Landscape Support for Core, consistent with the IESMP and LURS. In line with the IESMP, limited development may be supported in Landscape Support for Core areas providing an improved conservation outcome for the land can be demonstrated. A VMP will be established among the owners for rehabilitation of the riparian corridor situated in the eastern part of the site.

The proposed dwelling sites along the ridge separating Mt Kembla and Cordeaux Heights are narrow and constrained, suggesting extensive earth works are likely to be necessary to create a reasonable building envelope and access. Development on the ridgeline is not supported from a bushfire risk, visual impact, servicing and access perspective. Ridgeline development is further constrained by the fact that it is surrounded by core vegetation. The proposed access for these dwelling locations is through the adjacent Burns property, which is not supported.

Recommended for the Development Opportunity Envelope is an E4 Environmental Living zoning, with a minimum lot size of 5000m² (consistent with lot size of surrounding development along the edge of suburbia). The remainder of the property contains endangered ecological communities, highly vegetated rainforest, topographical constraints, riparian corridors, threat of bushfire, and visual impact issues. The recommended zoning for the remainder of the property is E3 Environmental Management (taking into account the existing dwelling houses).

9.3 MORRIS: LOT 1 STAFF ROAD CORDEAUX HEIGHTS NSW 2526 (LOT 1 DP

794558)


Site Area Approximately 13.91 hectares.


No existing dwelling on site.


IESMP Core and Biophysical Support for Core on majority of land. Landscape Support for Core to the north, as identified in IESMP.


LURS Identification Not considered in LURS.

On site services Site is unserviced.

Known Landslip The whole site is mapped as being suspected of landslip.

EEC (with 20m buffer) Areas of EEC identified in south of site.

Riparian Corridors

Category 1 and 2 Riparian corridors traverse the site.

Development would need to be setback from riparian corridors with relevant buffer areas retained, and introduced development to protect quality of watercourses. Opportunity to rehabilitate riparian corridor.

Land Instability Substantial land stability risk across the site. The majority of the site is subject to Moderate to High and Very High Risk of Land Instability. Site contains areas of very steep slope. Unstable land affected.



Heritage Conservation Area (Landscape) located in western portion of site.

Ridgelines The site is at high elevation. The site has a visually prominent ridgeline on the southern side of the site.

Visual Amenity The visual impact of any proposal will need to be investigated.



Access Access to two of the proposed lots is via the Hickey property. Access to one lot is via a driveway from existing Morris property.

Access to this site is problematic only one location (with access from an existing Morris property off Southspur) is considered reasonable.

Eastern Gas Pipeline Eastern Gas Pipeline easement burdens this property.

SUBMITTED PROPOSAL

• Seeking 3 lots;

• Proposed E3 and E2 zones;

• Access to one lot is via a driveway from existing Morris property;

• Access to two lots is proposed via the Hickey property;

• Existing bushfire trail to be maintained; and

• VMP for bushland management.


• Object, blatant encroachment on escarpment.

RECOMMENDATION

It is recommended that the Council resolve to proceed with the rezoning of a more limited Development Opportunity Envelope to that exhibited for the ‘Morris’ site - Lot 1 Staff Road, Cordeaux Heights (Lot 1 DP794558), for the following reasons:

The site is highly constrained, with much of the property comprising conservation significant land (Core and Biophysical Support for Core). Additionally there are riparian constraints. The land is generally of Medium to High or Very High risk of instability.

There exists a Potential Development Opportunity Envelope in Landscape Support for Core land for one dwelling off Southspur. The proposed access is to the north of Southspur via a driveway from an existing Morris property, on land which is of Medium to High risk of instability. Further geotechnical assessment would be required.

Access to two lots to the south is proposed via the Hickey property (access is proposed via a private access way through core escarpment vegetation). The proposed two dwellings in the south eastern section of the property are not supported due to their isolation, elevation, location in Core and Biophysical Support for Core and reliance on a legal access road being created through the Hickey property.

Proposed is an E4 zoning with a minimum lot size of 3000m² for the Development Opportunity Envelope. The recommended zoning for the remainder of the lot is E2 Environmental Conservation. A VMP for management of these remaining lands is to be prepared as part of the rezoning agreement.

9.4 HICKEY: LOT 1 STAFF ROAD CORDEAUX HEIGHTS NSW 2526 (LOT 1

AND 2 DP997505 AND PART LOT 124 DP751278 AND LOT 1 DP534849)

8. analysis of opportunities and constraints · 8. analysis of opportunities and constraints ......

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