8. application of the w1 natural waterways and w2 ... · 8. application of the w1 natural waterways...

8. Application of the W1 Natural Waterways and W2 Recreational Waterways Zones

between Kangaroo Point and Tom Uglys Bridge Page | 1

8. Application of the W1 Natural Waterways and W2 Recreational

Waterways Zones between Kangaroo Point and Tom Uglys

Bridge

Summary of Issues

12 submissions have been received concerning the zoning of the Georges River

waterway from Kangaroo Point to Tom Uglys Bridge. Submissions include the

following requests and comments:

Support for the W1/W2 zoning as exhibited in LEP3.

The W2 zoning should be applied to the highly developed area Tom Uglys to

Madeira Street (including Harrow Street).

The W2 zoning should be applied from Tom Uglys Bridge to Corea Street.

The W1 zoning should be applied between Madeira Street and Kangaroo

Point, or at least the W1 zoning should be applied from Corea Street to

Kangaroo Point.

Why is Kangaroo Point wholly W2 when Tom Uglys has the W2 applied so

sparingly? This is the inconsistent application of the W2 zone.

Support for the W2 zoning for Kangaroo Point to enable mooring pens

Why is the W2 zoning for the existing Sylvania/Tom Uglys Marinas applied in

such a fragmented manner? What are the benefits of such a restrictive

zoning?

The application of the W1 zone will require removal of jetty ramp pontoons

and lawfully constructed structures

The application of the W1 zoning to the Sylvania/Tom Uglys precinct

(excluding the W2 zoned marinas) does not reflect the developed nature and

use of the area.

Dredging of the Tom Uglys precinct is required due to adverse

development/siltation and stormwater runoff, zoning this area W1 is ill

considered.

Property prices are expensive and owners want to be able to use the water for

recreation purposes therefore a W2 zoning is appropriate for the

Sylvania/Tom Uglys precinct.

Marinas adversely affect the amenity of the area.

Existing marinas should not be permitted to expand.

Boatsheds should be permitted in W1 and W2 zones.

12 submissions relate to the zoning of the waterway in the vicinity of the

Georges River (W1 or W2). Many of these submissions also deal with

issues concerning permissible uses in the waterway under LEP3.



Berthing pens (mooring pens) should only accommodate one boat for a single

home attached to a jetty.

Stabilisation piles are required in exposed areas and should be permissible in

the W1 zone.

Marinas should not be permitted for private dwellings due to the destruction of

the scenic amenity.

W1 will reduce property values in the Tom Uglys precinct.

W1 will increase property values in the Tom Uglys precinct.

There is no benefit in changing the waterways zoning for private residents

who have little/no impact on the environment.

The application of the W1 zone will adversely affect rates.

Analysis of Issues

Background to Application of W1 and W2 Zones

Council initially exhibited a very conservative approach to zoning of the Shire’s

waterways. The W1 Natural Waterways zone aims to protect and enhance the

natural environment while allowing opportunities for controlled development. In

contrast, the W2 Recreational Waterways zone aims to facilitate the development of

water recreation structures, including marinas, within the natural environment.

The W1 Natural Waterways zone was initially proposed for most of the waterways in

the Shire with the W2 Recreational Waterways zone being confined to only those

areas where commercial marinas are currently located and Sylvania Waters. This

approach was reluctantly used by Council because the mandated uses in the W2

zone allow far more intense forms of development than are currently permissible

under SSLEP2006. This occurs because of the land use definitions that form part of

the standard Instrument. In particular the W2 zone mandates Marinas and Boat

Sheds as a permissible use. Marinas means both public and private marinas. In the

past, Council did not allow marinas as part of residential development. Also under

SSLEP2006 boat sheds are only allowed on land, not in a waterway.

Council sought to enable the expansion of the W2 Recreational Waterways zone and

associated permissibility. Council separately exhibited the Waterways Planning

Proposal which significantly increased the application of W2.

On 5 August 2014 Council considered the results of the public exhibition of the

Waterways Proposal. Council has received a number of submissions on the zoning

of the waterway in the area between Tom Uglys Bridge and Kangaroo Point. In

response to the issues raised a number of recommendations were made to Council

(CCL006-15) in order to achieve a better balance between meeting the increased

demand for development on the waterways and protecting the scenic, environmental

and recreation values. The direction recommended to Council was consistent with

the findings on the Independent Review on this matter.



It was recommended that the W2 Recreational Waterways zone largely be adopted

as exhibited. It was also recommended that boatsheds and mooring pens should be

removed as a permissible use from W1 Natural Waterways zone and the objectives

of the W1 zone be amended to restore objectives that were initially exhibited in the

draft Plan (LEP1). These objectives gave greater weight to scenic and environmental

protection. This revised approach would allow permanent mooring, including mooring

pens and marinas in six (6) specified areas. These areas are already characterised

by significant numbers of swing moorings, jetties, ramps, pontoons and some

berthing areas at the land/water interface, as well as existing commercial marinas.

It was also recommended that the application of zone W2 Recreational Waterways

along the Georges River between Madeira Street and north-west point of Kangaroo

Point should be removed and replaced with W1 Natural Waterways. It was

recommended that the W2 zone only apply between Tom Uglys and Madeira Street

– the area most ‘urbanised’ by waterway structures.

This recommendation was consistent with the findings of the Independent Review:

17. Sutherland owes much of its unique character to its waterways and any

changes affecting those waterways needs to be very carefully managed.

When the Council considers the responses to the exhibition of the Waterways

Planning Proposal, it should reconsider its earlier position and find a better

compromise between its desire to ease the way for waterways development,

while still preserving the original objectives of the waterways zoning The

following changes to the Waterways Planning Proposal (some of which return

to the original version contained in LEP1) should be considered.

Gunnamatta Bay, Burraneer Bay, Dolans Bay, Yowie Bay and Sylvania

Waters and parts of the Georges River should remain zoned W2 as

exhibited in order to facilitate an increased range of development. These

localities are more urban in character and can better absorb more intense

development.

The application of the W2 zone at Yowie Bay should be reduced so that it

does not encompass the area of E2 Environmental Conservation foreshore

at Willarong Point.

The application of the W2 zone along the Georges River between Madeira

Street and the north-west point of Kangaroo Point should be replaced with

W1 zoning.

Boatsheds and mooring pens should be removed as permissible uses from

the W1 zone.

Boatsheds should be removed as a permissible use from the W2 zone.

The objectives of the W1 zone should be restored to the original ones in the

first version of draft LEP to reflect the name and purpose of this zone.



The Planning Proposal should be re-integrated with LEP2, as the

waterways are too significant a part of the Shire to be considered

separately.

The above approach would allow permanent mooring pens and marinas in seven

specific areas. These areas are strongly characterised by significant numbers of

swing moorings, jetties, ramps, pontoons and some berthing areas at the

land/water interface as well as commercial marinas. The approach would also see

the removal of boatsheds as a permissible use in waterways and require their

development on land above the Mean High Water Mark. The development of

jetties, ramps and pontoons would still be permissible in zones W1 and W2, while

mooring pens would be permissible in the W2 zones only. This approach would

make it more likely that the tidal foreshore area remains predominantly free of

development, in line with the objectives of the W1 zone.

Council’s subsequent resolution (CCL006-15) in addressing the waterways largely

incorporated the recommended changes to the W1/W2 provisions. However, Council

did not resolve to replace the W2 zoning with W1 zoning for the area between

Madeira St to Kangaroo Point. Council instead resolved:

The application of W2 Recreational Waterways zoning along the Georges River

between Tom Uglys Bridge and Corea Street be removed and replaced with W1

Natural Waterways, except for the areas under lease to Tom Uglys and Sylvania

Marinas which are to be zoned W2 as exhibited in LEP1.

The various stages of the LEP as they applied to this area are mapped below:

Figure 1 - Waterways Planning Proposal



Figure 2 - Recommended waterways zoning post Independent Review – W2 applied Tom Ugly’s to

Madeira (indicative), W1 zoning applied to Kangaroo Pt

Figure 3 – LEP3 as adopted – W2 Recreational Waterways to Corea Street Reserve, W1 Natural

Waterways to Tom Ugly’s, excluding the Marina

The aerial photograph shows the area under consideration and highlights the

adjacent streets which are used as reference point thought the analysis.



Figure 4 – Aerial Map Corea Street to Madeira Street

Review of Application of Zones

Council has now received more submissions on the zoning of the waterway in the

area from Tom Uglys Bridge to Kangaroo Point. However, there is no clear view as

to what outcome the community sees as appropriate. Arguments are made to

support both the increased application of the W1 and the increased application of

W2 zones. In order to test the points made in the submissions received a detailed

review of the application of the zones in this areas has been undertaken.

The area between Tom Uglys Bridge and Madeira Street is significantly developed.

There are a number of structures in the waterway, including swing moorings at

Sylvania and Tom Uglys Marinas. This gives the waterway a more urban character

with few trees or natural features being present. This is illustrated on the photograph

below.



Figure 5 - Marinas at Tom Uglys

West of Madeira Street the development of the waterways and foreshore area has

preserved the natural character of the land. The land slopes steeply to the water and

significant remanent vegetation has been retained. The natural vegetation exists in a

wide band across most properties allowing the bushland and the sandstone rock

face to be the dominant elements, particularly when viewed from the water. Whilst

the residential area in this area is zoned R3 Medium Density Residential, the wide

30m foreshore building line, combined with the natural landform, has maintained the

natural qualities of the area. There are very few boatsheds, water recreation

structures or berthing areas at the land water interface. The view of both the land

and the waterway has greater scenic quality.



Figure 6 – Photo Madeira St to Corea St

Figure 7 - Madeira Street to Corea Street vegetation and slope

Beyond Corea Street and towards Kangaroo Point the waterway is again

characterised by significant development. In this section most properties have a

boatshed and jetty, most properties have swimming pools in the foreshore area,

berthing areas are more common, and there are fewer native trees. While not being



as urban as the area closer to Sylvania Marina, built elements form the dominant

element of the view.

Figure 8 - Kangaroo Point Photos of waterfront structures including mooring pens

Upon review it is considered that the application of the waterways zoning should be

amended so that the application of the zones better reflects the underlying character

of each locality.

It is considered that the best outcome would be to maintain the W1 Natural

Waterways zone as exhibited between Corea Street and Madeira Street, to reflect

both the naturalness of the area (as indicated in below). This is consistent with the

recommendations of the Independent Review. A small adjustment of the area west

of Corea Street is recommended because the environmental qualities of the natural

landscape dominate up until the zone changes to E4. This area should be amended

to also be zoned W1 Natural Waterways. The recommendation is illustrated below.

It is also recommended that the W2 zone be applied more consistently to the west,

from Tom Uglys Bridge to Madeira Street precinct (as indicated below). The W2

zone would then apply to the marinas and surrounding environs, and closely follow

the extent of the approved Marina. It should be noted that this zoning would enable

some further expansion of the Tom Uglys and Sylvania Marinas, without a rezoning

process. It would also give the residents in this more urban bay the ability to

accommodate berthing areas.



Figure 9 - Recommended W1/W2 zoning – W2 Kangaroo Point and Tom Ugly’s to Madeira St, W1 Madeira

St to Corea St

It is recommended that Kangaroo Point largely retain the W2 Recreational

Waterways zoning, as exhibited as part of LEP3. This is inconsistent with the

Independent Review recommendation, but reflects Council’s precious determination

on this matter.

This wider approach to applying the W2 Recreational Waterways zone is more

consistent with Council’s approach to the Port Hacking River - the environmental

qualities of this Georges River waterway are no different to the other Port Hacking

bays wholly zoned W2 (Gunnamatta Bay, Burraneer Bay, Dolans Bay, and Yowie

Bay). In these bays, zoned W2, there are existing marinas and such will also be able

to expand without the rezoning process. It is agreed that the proliferation of boats

and recreational boating/waterway structures, including marinas, will ultimately lead

to a change in the scenic quality of waterways, as they become more cluttered -

resulting in a more urban setting. However, the change in character needs to reflect

the desires of the community to make greater recreational use of the waterways.



Figure 10 - Port Hacking River Waterway zoned W2 (darker seagreen)

Does the change require re-exhibition?

The Corea/Madeira Street area was initially exhibited as W1 Natural Waterways

(LEP1 and partially LEP3) and Tom Uglys Bridge to Madeira Street was exhibited as

W2 (Waterways Planning Proposal). Council has considered the public view and

Independent Review recommendations in relation to this mater. On balance it is

considered that this zoning sets the most appropriate planning framework for the

locality.

However, the Environmental Planning and Assessment Act provides no clear

direction as to whether returning to what was exhibited earlier triggers the need for a

further exhibition. Planning officers have sought direction from the Department of

Planning and have been advised that each case will need to be reviewed by the

Minister. To further delay the plan on the basis of this issue is not in the public

interest. Therefore it is recommended that a two part request be made to the Minister

in relation to this matter. Firstly it is recommended that the Minister be requested to

make the change. However, in the event that the Minister is of the view the re-

exhibition is needed, Council request that the Minister proceed to make the plan as

exhibited for LEP3. If this occurs it is recommended that the zoning be carried out as

part of Amendment 1 to the LEP.



Environmental quality of the waterway at Sylvania/ Tom Uglys

Submissions noted the poor quality of the waterway at Tom Uglys/ Sylvania precinct.

Submissions requested dredging of the precinct due to adverse

development/siltation and stormwater runoff.

Whilst this is of concern, this is not a planning matter for consideration as part of the

LEP.

Property values and Rates

The effect of the application of the W1 or W2 zone on property values or rates is not

a valid planning consideration.

Response to Issue

It is appropriate that the waterways zoning be amended to widen the application of

W2 Recreational Waterways from Tom Uglys Bridge to Madeira Street (as shown in

Figure 9) and adjust the application of the W1 Natural waterways zone so that it

extends west of Corea Street to include the waterway in front of 1-9 Tara Street,

Sylvania. However, it is not in the public interest to further delay the plan for what is

a minor issue. Council has three options in relation to this issue:

1. It can retain the LEP3 zoning boundary;

2. It could ask the Minister to make the amendment given that this area has

been exhibited previously with wider permissibility; or

3. It could make the zoning change as part of a subsequent amendment to the

LEP

Recommendation

It is recommended that waterways zoning be amended to widen the application of

W2 Recreational Waterways from Tom Uglys Bridge to Madeira Street (as shown in

Chapter 8 Figure 9) and adjust the application of the W1 Natural waterways zone so

that it extends west of Corea Street to include the waterway in front of 1-9 Tara

Street, as part of a subsequent amendment to the LEP.

8. application of the w1 natural waterways and w2 ... · 8. application of the w1 natural waterways...

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