planning proposal - sutherland shire · 2016-03-16 · planning proposal following further...

Planning Proposal Sutherland Shire Draft Principal Local

Environmental Plan

`

Amended proposal

in response to the second public exhibition of draft SSLEP 2013

12 August 2014

Sutherland Shire Standard Instrument LEP Planning Proposal 2

Introduction ................................................................................................................................ 1 Part 1 – Objectives and Intended outcomes ............................................................................... 2

Part 2 – Explanation of Provisions............................................................................................. 4 Overview ............................................................................................................................. 4 The written provisions ........................................................................................................ 6 Rationalisation and Standardisation of Land Use Zones .................................................... 8 Rezoning of Land.............................................................................................................. 14

Development Standards and Local Provisions: ................................................................ 20 Dual Occupancy ................................................................................................................ 24

Environmentally Sensitive Land ....................................................................................... 24 Brothels and Restricted premises ...................................................................................... 25 Unzoned land .................................................................................................................... 25 Definitions ........................................................................................................................ 25 Additional permitted uses (Schedule 1) ............................................................................ 26

Exempt development (Schedule 2) ................................................................................... 26 Complying development (Schedule 3) ............................................................................. 26 Classification and reclassification of public land (Schedule 4) ........................................ 27 Environmental heritage (Schedule 5) ............................................................................... 27

Part 3 Justification.................................................................................................................... 28 Section A – Need for a planning proposal ........................................................................ 28

Section B – Relationship to strategic planning framework .............................................. 32

Section C – Environmental, social and economic impact ................................................ 36

Section D – State and Commonwealth interests ............................................................... 37 Part 4 – Mapping ...................................................................................................................... 38 Part 5 – Community Consultation............................................................................................ 39

Part 6 – Project timeline ........................................................................................................... 41

Appendix 1 – Council Reports Appendix 2 – Summary of Changes Appendix 3 – Variations to SI local and model provisions and proposed additional local

provisions

Appendix 4 – Housing Strategy Appendix 5 – Employment Strategy

Appendix 6 – Environmental Strategy Appendix 7 – Applicable State Environmental Planning Policies Appendix 8 – Ministerial Directions Appendix 9 - Report Extracts relating to Public Authority Submissions

Sutherland Shire Standard Instrument LEP – Planning Proposal August 2014 1

Introduction

This planning proposal aims to implement a Standard Instrument Local Environmental Plan

for the Sutherland Shire local government area. The proposal has been prepared in

accordance with Section 55 of the Environmental Planning and Assessment Act 1979 having

regard to the relevant guidelines, including ‘A Guide to Preparing LEPs’ and ‘A Guide to

Preparing Planning Proposals’.

Draft Sutherland Shire Local Environmental Plan 2013 (DSSLEP2013) aims to bring the

planning controls for Sutherland Shire into a form consistent with the Standard Instrument

(Local Environmental Plan) Order 2006.

DSSLEP2013 has been the subject of numerous reports to Council, and two versions of the

plan have been publicly exhibited (LEP1 and LEP2). Simultaneously, Council has considered

the zoning and permissibility of development on the waterways (Waterways Rezoning

Planning Proposal). Table 1 provides a summary of the LEP process to date.

In response to community concern about the integrity of the plan-making process, LEP2 has

also been the subject of an independent review, undertaken by Dr. John Roseth and Ms.

Meredith Sussex AM. The report of the Independent Review was provided to Council by the

Minister for Planning on 26 June 2014. The Independent Review concluded that the overall

thrust of the plan is sound, but recommended approximately 33 amendments or areas where

reconsideration of provisions in conjunction with additional evidence is appropriate.

On 5 August 2014 Council considered the submissions received in response to the exhibition

as well as the recommendations of the Independent Review. Council resolved to amend draft

LEP2, as detailed in Council’s resolution in CCL007-15 (see Appendix 1 for copies of

Council reports). A summary of the proposed changes to LEP2 is attached (Appendix 2).

Table 1: Summary of LEP process

Date Summary of Milestones

10 December 2012 Council resolution to adopt a draft SI LEP and Planning Proposal

21 December 2012 Draft SILEP and Planning Proposal submitted for Gateway

Determination

January and February

2013

Council resolved to amend the draft SILEP in relation to the

proposed FSR in South Cronulla, mapping of the foreshore

building line and zoning of the Shire’s waterways. Amendments

to the Planning Proposal were submitted for inclusion in the

DSILEP.

8 March 2013 Gateway Determination issued

19 March 2013 –

1 May 2013

Public Exhibition of LEP1

25 March 2013 Council resolved to exhibit a Planning Proposal for the

Waterways. This proposed to amend the land use tables and

zoning of the waterways exhibited in LEP1.

14 May 2013 Public Hearing held in relation to the proposed reclassification of

the Sutherland Entertainment Centre (contained in LEP1).

28 May 2013 Council resolved to amend the Waterways Planning Proposal


Date Summary of Milestones

29 May 2013 Gateway Determination for the Waterways Proposal

18 June 2013 –

16 August 2013

Public Exhibition of Waterways Planning Proposal

29 July 2013 Consideration of submissions received in response to exhibition of

LEP1 (CCL004-14)

Amendment of LEP1 (Mayoral Minute No.06/13-14)

5 August 2013 Council further clarified its intentions in relation to 31 Bay Road,

Caringbah; 60-70 Bournemouth Street, Bundeena; land adjacent to

60-70 Bournemouth Street, Bundeena; 100-104 Parraweena Road,

Taren Point and the residential flat zone of South Cronulla.

6 August 2013 Amended SILEP and Planning Proposal submitted for Gateway

Determination

12 August 2013 Revised Gateway Determination issued

20 August 2013 –

1 November 2013

Public Exhibition of LEP2

30 September 2013 Council requested the Minister to arrange for an independent

review of the draft LEP

19 November 2013 Council advised that an Independent Panel had been established to

review the draft LEP

3 December 2013 –

14 February 2014

Written submissions received by the Independent Review Panel

29 January 2014 –

6 February 2014

Public Hearings held by the Independent Review Panel

26 June 2014 Report of the Independent Review Panel provided to Council

15 July 2014 Council resolved that the draft Plan should be re-exhibited if the

recommendations of the Review were accepted (mayoral Minute

02/14-15)

5 August 2014 Consideration of recommendations of Independent Review

(CCL004–14)

Consideration of submissions received in response to exhibition of

LEP2 (CCL005-14)

Consideration of submissions received in response to exhibition of

Waterways Planning Proposal (CCL006-15)

Council resolved to amend LEP2 and submit a revised Planning

Proposal for Gateway Determination (CCL007-14)

In order to address community concerns relating to the planning process, and in light of the

recommendation of the Independent Review that the draft plan should be re-exhibited if the

recommendations of the review were adopted, Council resolved on 15 July 2014 to re-exhibit

the draft plan. Pursuant to Section 58(2) of the Environmental Planning and Assessment Act

1979, Council forwards this revised planning proposal to the Minister for Gateway

Determination.

Part 1 – Objectives and Intended outcomes

The primary objective of the draft LEP is to prepare a Local Environmental Plan that

conforms to the Standard Instrument LEP Order 2006 for most of the Sutherland Shire.

The following environmental planning instruments currently apply to Sutherland Shire:

Sutherland Shire Local Environmental Plan 2006 (SSLEP2006)


Sutherland Shire Local Environmental Plan 2000 (SSLEP2000)

Menai Town Centre Local Environmental Plan 1992 (MTC1992)

State Environmental Planning Policy (Kurnell Peninsula) 1989 (SEPP ( Kurnell

Peninsula)

The SI LEP provides a number of standardised zones on which the new LEP must be based.

Despite a different name, most of the existing zones are proposed to be transferred to

equivalent zones within the SI. Where the SI has not been able to accommodate existing

zones or address all local planning issues, the proposed draft LEP contains local provisions to

maintain the planning objectives for the locality or address specific issues. These are detailed

in this planning proposal.

The business and industrial zones have been reviewed to reflect the priorities of the

Sutherland Shire Employment Strategy 2031. As a result the draft plan uses a greater range of

business and industrial zones than the existing instruments. Most existing Special Uses zones

have been zoned to the appropriate adjacent zone, consistent with Practice Note 10-0001,

with the exception of land where educational establishments or seniors housing are located,

which are proposed to be zoned SP2 Special Uses (Infrastructure) and the public car parks in

Jannali, Kirrawee and Gymea, which are proposed to be zoned SP1 Special Uses (Special

Activities).

A table outlining the conversion of the existing zones and the appropriate SI zone is detailed

in Part 2 – Explanation of Provisions.

The draft instrument gives effect to the Sutherland Shire Housing Strategy 2031 by:

a. Rezoning land in and around centres to increase residential development capacity

b. Changing the principal development standards (height of buildings and floor space

ratio) in and around centres to increase residential capacity.

c. Changing principal development standards (height of buildings and floor space ratio)

for multi dwelling housing in identified accessible locations in the low density

residential zones to encourage residential development suitable for older people.

d. Changing the development standards for residential flat buildings to increase the

maximum height and remove minimum lot size requirements for this form of

development.

e. Removing restrictions on dual occupancy development, multi dwelling housing and

residential flat buildings in most zones.

f. Removing the existing restrictions on development on internal lots.

g. Providing greater flexibility for dual occupancy development in low density

residential areas.

The draft plan will also address zoning anomalies through applying more appropriate zones.

In some instances these zoning changes, although minor, will have the effect of increasing or

reducing development potential to affected properties.

It is intended to include provisions that:

a. prevent an increase in residential densities in Kurnell Village.

b. allow architectural roof features

c. simplify foreshore development provisions

d. limit development in areas affected by aircraft noise

e. require a minimum landscape area for residential development


f. identify environmentally sensitive land

The draft plan also includes provisions to give effect to policy change in relation to:

a. Increase the permissible floor space ratio for single dwellings

b. Decrease landscaped area requirements for all development

c. Change the approach to managing development in the foreshore area

The draft LEP is also intended gives effect to the strategic directions established in:

Metropolitan Plan for Sydney 2036

The Metropolitan Draft South Subregional Strategy

“Our Shire Our Future: Our Guide for Shaping the Shire to 2030”

Ageing Well Strategy

Sutherland Shire Housing Strategy 2031

Sutherland Shire Employment Strategy 2031

Sutherland Shire Environmental Strategy 2031

The draft plan will apply to all land within Sutherland Shire, except:

a. The Gandangara Local Aboriginal Land Council’s proposed Part 3A development at

West Menai (‘Heathcote Ridge’) and adjoining Crown land.

b. Land at 874-876 Old Princes Highway Sutherland (Lots 1051, 1086 and 1120 in DP

752064). This land is located within the Zone 15 – Private Recreation zone under

SSLEP 2006. The land is deferred from the draft LEP in favour of a stand-alone

planning proposal for the development of the site.

c. Land at 251 Captain Cook Drive, Kurnell (Lot 2 DP 1030269), 330 Captain Cook

Drive, Kurnell (Lot 5 DP 1158627), and 280-282 Captain Cook Drive, Kurnell (Lot 2

DP 559922). The land is deferred from the draft LEP in favour of a stand along

planning proposal following further discussions with the land owners and the

Department of Planning and Infrastructure regarding optimal future zoning pattern for

the former sand mining sites on the Kurnell Peninsula.

The deferred land is indicated on the Land Application Map.

As a result of these deferrals, the existing planning controls under SSLEP2000, SSLEP2006

and SEPP (Kurnell) 1989 will continue to apply to land to which the draft plan does not

apply.

Part 2 – Explanation of Provisions

The proposed draft LEP is in the Standard Instrument (Local Environmental Plan) Order

2006 format (Attachment 1) with accompanying maps (Attachment 2).

Overview The provisions to be included in the proposed draft LEP comprise the following:

Compulsory provisions from the Standard Instrument (Local Environmental Plan)

Order 2006 and Standard Instrument (Local Environmental Plan) Amendment Order

2011

Optional provisions from the Standard Instrument (Local Environmental Plan) Order

2006 and Standard Instrument (Local Environmental Plan) Amendment Order 2011

Local provisions based on the settled model provisions


Additional local provisions.

The following optional clauses are proposed to be adopted in the draft LEP:

2.8 Temporary use of land

4.1 Minimum subdivision lot size

4.1AA Minimum subdivision lot size for community title schemes

4.3 Height of buildings

4.4 Floor space ratio

4.5 Calculation of floor space ratio and site area

5.6 Architectural roof features

The following local provisions, adopting the settled model provisions, are proposed:

1.8A Savings provisions related to development applications

6.1 Development on the foreshore must ensure access

6.5 Flood Planning

6.6 Airspace Operations

The following local provisions, with amendments to the settled model provisions, are

proposed to be included in the draft LEP:

6.2 Foreshore Building Line

6.4 Acid sulphate soils

6.7 Development in areas subject to aircraft noise

Additional local provisions are proposed for inclusion to address the following:

4.1B Minimum subdivision requirements in certain residential zones

4.1C Exceptions to minimum lot sizes for dual occupancies

4.1D Subdivision of E4 land at Kurnell Village

4.5A Density controls for Multi Dwelling Housing

4.5B Density controls for Dual Occupancy

6.3 Development on the foreshores of Port Hacking, Georges River, Woronora River

and Botany Bay

6.8 Development on Kurnell Peninsula

6.9 Nuclear Research reactor at Lucas Heights Science and Technology Centre

6.10 Contaminated Land Management

6.11 Landscape Area

6.12 Earthworks

6.13 Environmentally Sensitive land - Terrestrial biodiversity

6.14 Environmentally Sensitive Land - Groundwater vulnerability

6.15 Environmentally Sensitive Land - Riparian land and watercourses

6.16 Environmentally Sensitive Land - Landform and Scenic Quality

6.17 Energy Efficiency and sustainable building techniques for commercial and

industrial developments

6.18 Stormwater Management (Urban Zones)

6.19 Serviced Apartments

6.20 Caringbah Medical Precinct

6.21 Restriction on consent for particular sex services premises

6.22 Dwellings in the E2 Environmental Conservation zone

6.23 Marine Based Industries, Captain Cook Drive, Woolooware Bay

6.24 Urban Design – General


6.25 Urban Design – Residential Buildings

6.26 Urban Design – non-residential development in residential areas

6.27 Bush Fire Prone Land

The maps have been prepared in accordance with the ‘Standard technical requirements for

LEP maps’. The following maps form part of the draft LEP:

Zoning Map (LZN)

Land Application Map (LAP)

Flood Planning Map (FLD)

Floor Space Ratio Map (FSR)

Height of Buildings Map (HOB)

Minimum Lot Size Map (LSZ)

Land Reserved for Acquisition Map (LRA)

Acid Sulphate Soils Map (AHR)

Foreshore Building Line Map (FSA)

Landscape Area Map (LSA)

Activity Hazard Risk Map (AHR)

Environmentally Sensitive Land - Terrestrial Biodiversity Map

Environmentally Sensitive Land - Groundwater Vulnerability Map

Environmentally Sensitive Land - Riparian Lands and Watercourses Map

Environmentally Sensitive Land - Natural Landform Map

Heritage Map (HER)

Additional Permitted Uses Map (APU)

The written provisions The provisions to be included in the draft SI LEP are generally consistent with the SI format.

The following table provides a summary of the optional and local model provisions that are

proposed to be incorporated into the draft SI LEP. In certain circumstances, Council is

seeking a variation to the local model provision. Where Council is requesting that the

Department consider a variation to a local model provision, this is highlighted in the Table

below and a copy of the amended clause as well as any relevant discussion relating to the

clause is included in Appendix 3. Appendix 3 also provides information relating to the

Sutherland specific local provisions proposed to be included in the plan.

Table 2: Model Provisions adopted

SI Clause Variation

Sought

Comment

1.8A Savings provisions

relating to development

applications

No

Council is proposing to incorporate the clause as drafted.

This clause allows development applications lodged before the

commencement of the Plan to be determined under the current

plan (SSLEP2006, SSLEP2000, SEPP Kurnell Peninsula,

MTC92) with consideration given to this Plan.

2.6 Subdivision – consent

requirements

Yes Council is proposing to add an additional subclause, to ensure

that a lot containing a secondary dwelling can only be subdivided

when both resultant lots would comply fully with the applicable

minimum internal lot size, depth and width requirements for

dwelling houses established by Council’s local provisions.

2.8 Temporary use of land No Council is proposing to incorporate the clause as drafted.

This clause is similar to Clause 47 of SSLEP2006.

This clause allows the temporary use of land for a maximum of


SI Clause Variation

Sought

Comment

52 days in 12 months, provided the use will not compromise the

future development of the land or have detrimental effects on the

land.

4.1 Minimum subdivision lot

size

Yes The objectives of this clause and the minimum lot sizes shown

generally reflect the existing subdivision provisions currently

contained in relevant plans. Larger lot sizes are required for

internal lots. A definition of an internal lot has also been inserted

into the Dictionary.

It is also proposed to include, as part of this clause, clarification

that in calculating the allotment size the area of any access

corridor (including any right of carriageway, access way or other

area that provides for vehicle access) is to be excluded. This is

consistent with Council’s current planning provisions.

Minimum lot sizes are not proposed to be applied to Torrens

Title subdivision of dual occupancies in the R2,R3 and R4 zones.

Minimum lot sizes are proposed for construction of a dual

occupancy development in the E4 zone.

4.1AA Minimum subdivision

lot size for community title

schemes [optional if clause

4.1 is adopted]

Yes This clause requires that community title subdivision also meets

the minimum lot sizes required by clause 4.1 Council is

proposing to amend the clause as drafted, to require compliance

with the applicable minimum internal lot size, depth and width

requirements for dwelling houses established by Council’s local

provisions.

4.3 Height of buildings Yes This clause aims to maintain the current height limits in the Shire

except where varied by the adopted housing strategy or on

specific sites. This clause limits the height of dual occupancy and

multi dwelling housing development in certain circumstances.

This clause also proposes height increases in certain

circumstance for certain land.

4.4 Floor space ratio Yes This clause aims establishes the floor space ratio for development

in the Shire. It proposes a general increase in FSR in the

residential zones and where identified in the adopted housing

strategy. This clause also proposes increased floor space ratio in

certain circumstance for certain land.

4.5 Calculation of floor space

ratio and site area

No Council is proposing to incorporate the clause as drafted.

5.1 Relevant acquisition

authority

Yes This clause is proposed to be amended to allow the use of land to

be acquired, for any purpose subject to certain considerations,

prior to its acquisition by the relevant authority. This clause is

consistent with clause 26 of SSLEP2006.

5.6 Architectural roof features

No Council is proposing to incorporate the clause as drafted, with

Council’s own objectives.

6.1 Development on the

foreshore must ensure access

No Council is proposing to incorporate the clause as drafted.

6.2 Foreshore Building Line

Yes Council’s policy is to encourage development to locate back

from the foreshore. Consequently, a locally specific provision,

consistent with the current plans, is included in the draft plan.

Council has softened its approach on the removal of waterfront

cottages.

6.4 Acid sulfate soils Yes The settled model provision is adopted, with the proposed

insertion of an additional subclause to require the consent

authority to be satisfied that any impacts resulting from the

disturbance of acid sulphate soils will be minimised. This

maintains the policy position under SSLEP2006. The settled

model provision for subclause 6.5(6)(c) has been amended to

ensure that it is consistent with the NSW Acid Sulfate Soil

Manual, which allows minor work without development consent

only where it involves the disturbance of less than 1tonne of soil.


SI Clause Variation

Sought

Comment

6.5 Flood planning No The settled model provision is adopted.

6.6 Airspace operations No The settled model provision is adopted.

6.7 Development in areas

subject to aircraft noise

Yes The proposed local provision is intended to maintain the existing

planning controls pertaining to development in areas subject to

aircraft noise. It differs significantly from the settled model

provision.

Rationalisation and Standardisation of Land Use Zones Where possible, the zones proposed in the draft plan are transfers from the existing planning

instruments. However, the range of zones available within the standard instrument does not

equate comfortably with the range of zones in the existing planning instruments. Some

rationalisation and amalgamation of zoning has been required, resulting in changes to

Council’s fine grain planning controls. This is particularly the case in relation to the

residential zones and waterway zones. In contrast, the range of industrial zones available

under the Standard Instrument provides opportunity for finer grain planning of the industrial

zones to be undertaken.

The following is an indication of the zones that have been used in the draft plan and what

existing zones from the SSLEP 2006 and SEPP (Kurnell Peninsula) 1989 have been

transferred into the SI zones. Where relevant, specific policy issues relating to the application

of the Standard Instrument zones are discussed below.

Table 3: Equivalent Zones

Standard Instrument Zone Sutherland Shire LEP 2006 SEPP (Kurnell Peninsula)

R2 Low Density Residential Zone 4 – Local Housing

R3 Medium Density Residential Zone 5 – Multiple Dwelling A

R4 High Density Residential Zone 6 – Multiple Dwelling B

B1 Neighbourhood Centre Zone 10 – Neighbourhood

Centre

Zone No. 3(d) Neighbourhood

Business

B2 Local Centre Zone 9 – Local Centre

B3 Commercial Core Zone 8 – Urban Centre

B4 Mixed Use Zone 7 – Mixed Use - Kirrawee

B5 Business Development Zone 11 – Employment

B6 Enterprise Corridor Zone 11 – Employment

B7 Business Park Zone 11 – Employment

IN1 General Residential Zone 11 – Employment Zone 4(a) General Industrial

Zone 7(b) Special Development

IN2 Light Residential Zone 11 – Employment Zone 4(b) Industrial (light)

IN3 Heavy Industrial Zone 11 – Employment Zone No 4 (c1) Industrial

Special (Oil Refining)

IN4 Working Waterfront Zone 11 – Employment

SP1 Special Activities Zone 12 – Special Uses Zone 5(a) Special Uses

SP2 Infrastructure Zone 12 – Special Uses

Zone 21 – Railway

Zone 22 – Arterial Road

Zone 24 – Transport

Reservation

Zone 5(a) Special Uses

SP3 Tourist

RE1 Public Recreation Zone 13 – Public Open Space

Zone 14 – Public Open Space

(Bushland)

Zone 6(a) – Recreation Existing

Zone 6(c) – Private Recreation

Zone 9(a) – Regional Open

Space (Reservation)


Standard Instrument Zone Sutherland Shire LEP 2006 SEPP (Kurnell Peninsula)

RE1 Public Recreation

RE2 Private Recreation Zone 15 - Private Recreation Zone 6(c)- Private Recreation

E1 National Parks and Nature

Reserves

Zone 20 – National Parks,

Nature Reserves and State

Conservation Areas

Zone 8(a) – National Parks and

Nature Reserves (Existing)


Space (Reservation)

E2 Environmental Conservation Zone 13 – Public Open Space

Zone 14 – Public Open Space

(Bushland)

SSLEP2000 Zone 7(b) –

Environmental Protection

(Bushland)

Zone 7(b) – Special

Development Zone


Space (Reservation)

Zone 6(b) – Public Recreation

(Proposed)

Zone 6(a) – Public Recreation

(Existing)

E2 Environmental Conservation

E3 Environmental Management Zone 1 – Environmental

Housing (Environmentally

Sensitive Land)

Zone 17 – Environmental

Protection (Low Impact Rural)

E4 Environmental Living Zone 1 – Environmental

Housing (Environmentally

Sensitive Land)


Housing (Scenic Quality)


Housing (Bushland)

Zone 2 (a) (Residential Zone)

E4 Environmental Living

W1 Natural Waterways Zone 16 – Environmental

Protection (Waterways)

Zone 19 – Aquatic Reserves

Zone 7(a) Waterways Zone

W2 Recreational Waterways Zone 15 - Private Recreation


Protection (Waterways)

Following is a summary of the implications of the transfer of the zones:

Residential Zones

Residential land is proposed to be zoned either a residential zone or an environmental zone

which permits residential dwellings. The residential zones are generally appropriate for the

suburban areas of the Shire, with a relatively straightforward transfer for the low, medium

and high density residential areas of Sutherland Shire as indicated in Table 1.

Environmental zones are appropriate for environmentally sensitive land along the foreshores

as these zones provide for a limited range of residential development while protecting,

managing and restoring areas of special ecological, scientific, cultural or aesthetic value. The

E3 Environmental Management zone is proposed for the foreshore residential areas where a

more natural character dominates, and a less intense scale of development is appropriate. The

E4 Environmental Living zone is proposed for those areas of the foreshore which are more

urban in character. The application of these zones has been guided by scientific research

undertaken in 2002 which established the underlying environmental values of the land

throughout the Shire, and a scientific review of the environmental risks associated with

development. Due to the mandated objectives and mandated uses for various zones, a

straightforward transfer from an existing zone to a standard instrument zone has not been

possible.


The Standard Instrument does not currently provide sufficient residential zones to address the

key planning issues relating to managing bushfire risk in residential areas, particularly where

the pattern of development is such that it is impossible to retrofit measures to manage the

risk. The overriding objective in these areas should be to minimise risk to life and property.

Council remains of the view that a new zone is required for land subject to bushfire risk. The

approach favoured by Sutherland Shire Council is to apply a separate zone to land that is at

risk from bushfire and to adjacent land where evacuation is difficult. The zone would aim to

minimise the risk to life and property from bushfire. The zone would accommodate low

density housing, but prohibit development that increased the number of people that may need

additional time or assistance to evacuate in the event of a fire, such as childcare centres,

residential care facilities or seniors housing. Medium and high density residential

development would also be restricted so as to not increase the exposure of people to bushfire

risk. This is considered a better planning approach than applying a zoning which permits

these forms of development, and then relying on a series of overlays to prohibit specific

forms of development. This approach is consistent with the Department of Planning and

Infrastructure’s direction that overlays effectively creating subzones are not acceptable and

the conclusions reached by the 2009 Victorian Bushfires Royal Commission in relation to the

use of overlays in land use planning. It is also considered more appropriate to prohibit these

uses upfront, than refuse Development Applications on the basis of the known risks.

However the DP&I advised that this approach would require an amendment to the Standard

Instrument and this approach has not been supported at this point in time. In July 2011, the

Minister for Planning directed that an independent panel be formed to increase local

government involvement in the plan-making process and improve the flexible delivery of the

Standard Instrument. Council made submissions to this panel arguing that managing bushfire

risk through zoning is a legitimate planning outcome. In late October 2012 the Local

Planning Panel released a position paper on improving the Standard Instrument LEP. The

Panel recommended a package of reforms for the program to improve its performance,

remove impediments to finalising LEPs and increase opportunities for flexibility reflecting

local conditions. Many of these suggested reforms would assist council in preparing a better

SILEP, facilitating more appropriate development outcomes. The Panel supported the idea of

a risk based residential zone. However, Council was advised that the reforms would not be

implemented in the SI for a year or more.

The DP&I representatives have indicated that at this time the E4 Environmental Living zone

is the most appropriate zone for the land at risk from bushfire. However, the E4 zone aims to

preserve and protect areas with special ecological, scientific, or aesthetic values, and in

particular preserve and enhance the natural landscape qualities of the locality. Land within in

this area does not always display inherent natural landscape qualities that need protection.

Much of this area is comprised of standard, low density residential development where the

only constraint is the risk from bushfire. The E4 zone permits limited development including

dwelling houses and prohibits vulnerable uses or uses that may increase the number of people

subject to evacuation (such as child care centres, seniors housing, and educational

establishments).

In line with the advice of the Department, the instrument has been drafted to include the

affected land within the E4 zone. In order to limit the number of people subject to bush fire

risk, dual occupancy has been mapped as an additional permitted use (Schedule 1) so that it is

only permissible in E4 where the land is not subject to bush fire risk or likely to experience


difficulties with evacuation. This approach meets the outcomes of the proposed sought, but it

is less transparent. This approach is at odds with the Department’s objectives of simplifying

planning.

The risk zone was also proposed to be used for residential land in Kurnell village where there

is a risk associated with the refinery. This risk is confirmed by the DP&I Land Use Safety

Study 2007 which recommended that there be no further increase in the resident population.

It is anticipated that the review of the Land Use Safety Study underway will maintain this

position. Dual occupancy development is not currently permissible in Kurnell Village. Use of

the E4 zone as proposed above also addresses these constraints, but is again less transparent.

Business Zones

The proposed transfer of the existing centre zones to business zones B1 to B4 in the Standard

Instrument is a relatively straightforward one-to-one transfer as shown in Table 1.

One issue in relation to the business zones relates to Kurnell. The most appropriate business

zone to apply to the existing business zone in Kurnell Village is B1 Neighbourhood Centre.

This is an almost direct transfer from the current Zone 10 – Neighbourhood Zone. However,

the B1 Neighbourhood Centre zone permits mixed use development, seniors housing and

shop-top housing – an intensification of the residential development in Kurnell Village. An

intensification of residential development in Kurnell Village is not supported, due to the risks

associated with the Kurnell Oil Refinery. However, there is no alternative business zone in

the Standard Instrument that could be applied to this area.

Industrial Zones

The proposed transfer of the existing Employment zone to the industrial and business zones

has provided opportunities to cater for areas of specialisation and distinct variations in

character and intensity of activities in specific areas. The application of zones has been

guided by the Sutherland Shire Employment Strategy 2031. Key elements are listed below:

Existing industrial waterfront land with direct water access within Zone 11 – Employment

at Taren Point is to be zoned IN4 Working Waterfront. As this is the only industrially

zoned land with direct water access it is critical to the boating industry. The application of

this zone recognises the strategic importance of the area, protects the maritime activities

that have emerged to fulfil an important regional role in this declining yet strategically

important industrial sector. The zone provides greater certainty for these activities and

promotes opportunities to facilitate its growth and expansion.

The B5 Business Development Zone is proposed in Taren Point/Caringbah. This zone

makes provision for bulky goods retailing. It is proposed that this zone be applied to a

greater area than that where bulky goods are currently permissible, in response to the

strong demand for bulky goods retailing in Sutherland Shire.

The B6 Enterprise Corridor Zone is proposed for certain land fronting the Princes

Highway in Sylvania, Kirrawee, Engadine and Heathcote. The proposed application of

the zone will give wide flexibility for the future redevelopment of the identified land for

business purposes. The zone is also appropriate for the existing Menai employment area

which is characterised by a wide range of employment activities which do not fit a more

‘traditional’ industrial zone. The proposed B6 zone will formally recognise and support

the range of local service businesses and bulky goods retailing activities in the area.

The B7 Business Park Zone is proposed for specific key strategic sites in Taren

Point/Caringbah, comprising 39.1 hectares. The zone is considered to present an excellent


opportunity to facilitate economic growth that better match the skills set of Sutherland

Shire’s population (managerial, professional, clerical and administrative) and increase

employment self-containment. Several of the sites are currently vacant or underutilised

and have been this way for a considerable period of time, suggesting that the current

industrial zoning is not meeting market needs. The land use table for this zone proposes a

combination of office premises and light industrial uses, together with associated support

activities.

For the more traditional industrial areas, a relatively straightforward transfer is proposed as

indicated in table 1.

Recreation Zones

The RE1 Public Recreation zone is a relatively straightforward transfer of open space from

Zone 13 – Public Open Space and Zone 14 – Public Open Space (Bushland) in SSLEP2006

and 6(a) Recreation Existing under SEPP (Kurnell Peninsula). The RE1 Public Recreation

zone permits a broader range of uses than is permissible under the current zones. The RE1

Public Recreation zone does not permit ‘advertising structures’ reflecting the requirements of

the Gateway Determination for LEP2.

As a result of submissions received during the exhibition period, Childcare Centres and

Respite Day Care Centres have been prohibited in the RE1 Public Recreation zone, as many

locations within these zones are located in areas of significant bushfire risk. The Schedule 1,

Additional Permitted Uses provisions are used to permit the limited number of existing

childcare centres and respite day care centres within this zone. In addition, carparks and

Emergency Services Facilities have been removed from the permitted uses in the RE1 zone.

The RE2 Private Recreation zone is a relatively straightforward transfer from Zone 15 –

Private Recreation under SSLEP2006 and Zone 6(c) Private Recreation under the SEPP

(Kurnell Peninsula). It is noted that a Land and Environment Court decision approved

residential dwellings on private recreation land at Kurnell - this land has been zoned E4

Environmental Living accordingly.

Throughout the Shire there are a number of open space areas in the form of road closures or

unmade roads that are not currently zoned as open space. A strategic review of these areas

has been undertaken, and as a result RE1 Public Recreation zoning has been applied to those

used predominantly as open space, and E2 Environmental Conservation zoning applied to

those that are significant areas of bushland. However, where the open space is minor and

incidental, the land is zoned the same as the adjacent land.

Environmental Zones

The E1 National Parks and Nature Reserves is a straightforward transfer for properties zoned

Zone 20 – National Parks, Nature Reserves and State Conservation Areas under SSLEP2006

and Land within Zones 8(a) – National Parks and Nature Reserves (Existing) and Zone 9(a) –

Regional Open Space (Reservation) under SEPP (Kurnell Peninsula). The draft plan also

updates the zoning to reflect all land forming part of the National Parks Estate.

The E2 Environmental Conservation Zone is proposed for land where the environmental,

cultural or aesthetic values warrant special protection. In addition to the land at Kurnell,

where the E2 Environmental Conservation zone applies under the SEPP (Kurnell Peninsula),

the zone is proposed for land in Kurnell which is currently identified as appropriate for


protection due to its environmental sensitivity. The zone is also proposed for land in Council

ownership that is currently zoned either Zone 14 – Public Open Space (Bushland) or Zone 13

– Public Open Space under SSLEP 2006 where the public open space contains bushland of

conservation value. It is also proposed for publicly owned land which is currently zoned 7(b)

Environmental Conservation (Bushland) under SSLEP2000. These are straight-forward

transfers to the zone.

Sutherland Shire has significant areas of privately owned land which is currently zoned 7(b)

Environmental Protection (Bushland) under SSLEP2000. This land has had extremely limited

development potential since the introduction of the County of Cumberland Planning Scheme

Ordinance in 1951. The land is predominantly found in the west of the Shire and comprises

steep valley areas, natural bushland corridors, and riparian zones containing important flora

and fauna. The vast majority of this land was deemed unable to be developed when Menai

and surrounding suburbs were first developed. The typical subdivision saw perimeter roads

sited at the edge of seep escarpments. The area below the cliff could not be accessed and was

therefore left in its natural state. However, in a significant number of cases this land was

never dedicated to council and remains in private ownership. In many cases the land has no

legal means of access. In all cases the land is subject to extreme bushfire risk, has steep

topography and contains ecological communities of significance. It is quite clear from an

initial assessment that such land has no reasonable development potential.

This land is most sensibly zoned E2 Environmental Conservation under the Standard

Instrument. This zoned best reflects the environmental significance of the land, the

constraints to development and the existing objectives of the 7(b) Environmental Protection

(Bushland) zone. The mandatory objectives of the E2 zone are a good fit for the land in

question.

The 7(b) land was deferred from the gazettal of SSLEP2006. At the time the DP&I

considered that the proposed environmental protection zoning in draft SSLEP2004 was too

restrictive. The DP&I advised that "…excluding the land from LEP2006 will enable council

to review the list of permissible uses, and identify any land which should be acquired for

open space." Council has already identified land for open space acquisition (funded through

S94 Open Space and Recreation Plans) and does not have additional funds available to

acquire the subject land.

The DP&I has offered no sensible solution to how this land is best dealt with under the

SILEP.

Special Purposes Zones

Whilst the draft plan generally reflects the Department of Planning and Infrastructure’s

direction that land currently zoned Special Uses should be zoned consistent with the zoning

of adjacent land, there are exceptions to this in the draft plan.

SP 1 Special Activities is proposed to be applied to land with large institutional uses of long

term strategic importance where there is very little likelihood of change in the activities

carried out e.g. Holsworthy Military Area, Woronora Cemetery, and Sutherland Hospital.

Council also resolved in amending LEP2 to zone the public car parks at Jannali, Kirrawee

and Gymea as SP1 Special Activities (CCL007-15).

SP 2 Infrastructure is proposed for:


Strategic infrastructure comprising large complexes or strategic sites such as ANSTO,

Caltex Terminal Facility outlet pipe.

Land that may be contaminated due to past activities, where a zoning that permits

residential development is unsuitable (in accordance with SEPP 55 (Contaminated Land)

e.g. railways, animal establishments, depots, waste recycling sites.

Educational establishments

Land forming part of the Sydney Water Catchment Area.

Classified and arterial roads and land forming the F6 freeway corridor.

Utilities and some Emergency Services

Some Department of Defence land in isolated locations

Community Facilities such as the Illawong Men’s Shed (691 and 697 Old Illawara Road,

Illawong.

SP 3 Tourist is proposed to be applied to Prince Street, Cronulla. This is an important

beachfront and tourist location within Cronulla. The application of SP3 Tourist zone allows

for land uses within this zone to be carefully considered to permit uses consistent with a high

density residential flat zone, with the addition of uses aimed at tourism and leisure.

Waterways Zones

The W1 Natural Waterways zone is proposed for most of the waterways in the Shire, and the

W2 Recreational Waterways zone is proposed for those areas where commercial marinas are

currently permissible, Sylvania Waters and the stretch of waterway along the Georges River

extending from Madeira Street to the north-west point of Kangaroo Point, Georges River.

This represents a very broad approach to the zoning of the waterways, which does not

achieve a graduation of development intensity that reflects the existing levels of development

and character of the various bays and rivers comprising the waterways of Sutherland Shire.

This approach has been reluctantly used because of the mandated uses in the W2 Recreational

Waterways zone, where kiosks and marinas are mandatory uses permissible with consent,

while boatsheds and water recreation structures must be included as either permitted with or

without consent. These mandated uses are considered inappropriate for the most of the

Shire’s waterways which maintain a natural character and have high scenic value. The

proposed waterways zoning represents the best transfer from the existing zoning to reflect the

current policy on development in the waterways.

Rezoning of Land The draft plan incorporates a number of specific areas where land is to be rezoned to permit

more intensive development. These changes are grouped below:

Housing Strategy Initiatives

Council has adopted a Housing Strategy to guide housing supply to 2031. Council has also

resolved to make a number of changes that will affect the Housing Strategy (Mayoral Minute

No.6/ 13-14 and CCL007-15). The Strategy incorporates the changes listed below:

1) Engadine Area 1: Area of Zone 8 Urban Centre – Maximum height of buildings 20m and

maximum FSR 2:1, with the exception of 2-14 Station Street, where a FSR of 2.5:1

applies.

2) Engadine Area 2: Part block bounded by Boronia Avenue, Old Princes Highway and

Waratah Road - Maximum height of buildings 20m and maximum FSR 2:1.


3) Sutherland Area 1: Zone 8 Urban Centre –Increased heights and FSRs in accordance with

Sutherland Centre Strategy height and density maps prepared and reviewed in response to

submissions to the draft Sutherland Centre Strategy and the draft SSLEP 2013 and

subsequent Council resolution. Sites at 41-47 Eton Street to have a height of 30m and an

FSR of 3.5:1 and 154-152 Flora Street to have a height of 30m and an FSR of 3:1.

4) Sutherland Area 2: Zone 6– Maximum height of buildings 20m and maximum FSR 1.5:1

to encourage development of undeveloped lots. Sites at 10-22 Merton Street to have a

height of 40m and FSR of 3:1; 551 President Avenue to have a height of 20m and an

FSR of 1.5:1 and at 660-666 Old Princes Highway and 66-68 Glencoe Street to have a

height of 20m and a FSR of 1.5:1. To encourage amalgamation in this area, sites greater

than 2,500m2 are eligible for a bonus floor space ratio of 20%.

5) Sutherland Area 4: Part block bounded by The Grand Parade, Vermont Street and

Kurrajong Street - Rezone from Zone 4 Local Housing to Zone R4 High Density

Residential to allow residential flat buildings, with maximum height of buildings 20m and

maximum FSR 1.5:1, with an additional FSR bonus available for site amalgamation –

development of a site >2,500m2 (Area 12 on FSR map).

6) Sutherland Clio Street Precinct: Part of area bound by Glencoe St, Clio St, Toronto Pde

and Old Princes Highway to be rezoned to R4 High Density Residential with a height of

20m and an FSR of 1.5:1.

7) Jannali Area 1: Zone 9 Local Centre - Maximum height of buildings 20 metres and

maximum FSR2:1.

8) Jannali Area 4: part of block bound by Sutherland Rd, Mitchell Ave and Oxley Ave –

Rezone from Zone 4 Local Housing to Zone R4 High Density Residential to allow

residential flats with Maximum height of buildings 16m and maximum FSR 1.2:1.

9) Gymea Area 1: Area of Zone 9 Local Centre to B2 Local Centre, with Maximum height

of buildings 20m and maximum FSR 2:1.

10) Gymea Area 2: Area bound by Milburn Road, Gymea High School & TAFE and

traversed by San Remo Ave and Talara Rd- Rezone from Zone 4 Local Housing to Zone

R3 Medium Density Residential to allow townhouses, with Maximum height of buildings

8.5m and FSR 0.7:1.

11) Gymea Area 3: Area bound by Talara Lane, Milburn Road and Gymea High School –

Rezone from Zone 4 Local Housing to Zone R3 Medium Density Residential to allow

townhouses, with Maximum height of buildings 8.5m and maximum FSR 0.7:1.

12) Land at 748-750 Kingsway, Gymea (Lots 7, 8, 9, 10, 11, 12, 13 and 14 in DP 9461) be

amended to match the adjoining zone and controls in the Draft LEP to B2 Local Centre.

13) Sylvania Southgate Area 1: Housing NSW site bound by Florida Avenue, Pembroke

Street, Princes Highway and Port Hacking Road and the remaining lots in the block

bounded by the Princes Highway, Port Hacking Road, Penbroke Road and Florida Street -

Rezone non Housing NSW lots to Zone R4 High Density Residential to allow residential

flats, and set Maximum height of buildings of 16m and maximum FSR of 1.6:1 for NSW

Housing site, and a maximum FSR of 1:1 for the remaining lots in the block.

14) Miranda Urban Centre blocks bound by Penprase Lane, Wandella Road, Kingsway and

Kiora Road height of 30m and an FSR of 3:1.

15) Miranda Area 1: Urban Centre block bound by Kingsway, Clubb Crescent, Kiora Road

and traversed by Clubb Lane – Maximum height of buildings 30m /nine (9) storeys and

FSR 3.5:1 (excluding 525 Kingsway).

16) Miranda Area 1A: site 40-42 Kiora Road, Miranda- Zone R4 High Density Residential

with Maximum height of buildings 20 metres and FSR of 1.5:1.

17) Miranda Area 2: Area bounded by Kingsway, Junction Street, Port Hacking Road and

Miranda Road – Rezone from Zone 4 Local Housing to Zone R3 Medium Density


Residential to allow townhouses with Maximum height of buildings 8.5m and maximum

FSR 0.7:1.

18) Miranda Area 3: Area bound by Kingsway, Port Hacking Road and Junction Street –

Rezone from Zone 4 Local Housing to Zone R3 Medium Density Residential to allow

townhouses with Maximum height of buildings 8.5m and maximum FSR 0.7:1

19) Miranda Area 4: Area bound by Karimbla Road, Miranda Road and President Avenue

and traversed by Kirkby Place – Rezone to Zone R3 Medium Density Residential to allow

higher density townhouses with Maximum height of buildings 8.5m and maximum FSR

0.7:1.

20) Miranda Area 5: Area bound by Kingsway, F6 road reservation, railway line and

traversed by University Road and Pinnacle Street – Rezone from Zone 4 Local Housing

to Zone R4 High Density Residential to allow residential flat buildings with Maximum

height of buildings 25m and maximum FSR 2:1.

21) Miranda Area 6: The area currently zoned Local Housing and bound by the existing

residential flat zone , Miranda Road, railway line and the Kingsway – Rezone from Zone

4 Local Housing to Zone R4 High Density Residential to allow residential flat buildings

with Maximum height of buildings 20m and maximum FSR 1.5:1 except those lots 2-14

and 1-11 Urunga Parade (and 65 Miranda Road) maximum height of 25m and an FSR

2:1.

22) Miranda 7: The block bounded by Gurrier Ave, Urunga Parade, Miranda Rd and

Kingsway is to be zoned R4 High Density Residential, with height of 20m and FSR 1.5:1.

23) Miranda 8:The block bounded by Jackson Ave, Urunga Parade, Gurrier Ave and

Kingsway – is to be zoned B3 Commercial Core, with height of 25m and FSR 2:1.

24) Caringbah Area 1: Area of Zone 8 Urban Centre – Increased heights and FSRs in

accordance with Caringbah Centre Strategy height and density maps prepared and

reviewed in response to submissions to the draft Caringbah Centre Strategy and the draft

SSLEP 2013. Land known as Coles site at 178-184 Willarong Road to have a maximum

height of 30m with an FSR of 3:1 and 186 Willarong Road and41-45 President Ave to

have a maximum height of 20m and an FSR of 3:1.

25) Caringbah Area 2: Area bound by Sutherland Hospital, Kingsway, Flide Street and Taren

Point Road and traversed by Hinkler Avenue - Offer bonus height of up to 20m and bonus

FSR up to 2:1 if development includes medical facilities and residential flats

26) Caringbah Area 3: Ex-Caringbah High School southern section, adjacent Zone 4 - Local

Housing lots on Taren Point Road and Willarong Road, and the Bowling Club on

Willarong Road as mapped in Appendix 2 to DAP025-13:

a) R4 High Density Residential zone applies to properties at 284-286-328 Taren Point

Road and 391-395 Kingsway, Caringbah with height of 16m and an FSR of 1.2:1.

b) Rezone the ex-school site and sites on Willarong Road from Zone 12 Special Uses/

Zone 15 Private Recreation and Zone 4 Local Housing to Zone R4 High Density

Residential to allow residential flat buildings with maximum height of buildings up to

16m (4 storeys) and maximum FSR of 1.2:1.

c) Offer bonus height of up to 30m and bonus FSR up to 1.5:1 for the ex-school site if

development of ex-school site provides access to lots on Taren Point Road.

27) Caringbah Area 3A: Area bound by Willarong Road and Dianella Streets and the

Caringbah North Primary School – Rezone from Zone 4 Local Housing to Zone R4 High

Density Residential to allow residential flat buildings with maximum height of buildings

20m and maximum FSR 1.5:1. Lots at 122-126A Willarong Road to have a maximum

height of 13m and FSR of 1:1.

28) Cronulla Area 1: Area of Zone 8 Urban Centre – Increased heights and FSRs in

accordance with Cronulla Centre Strategy height and density maps prepared and reviewed


in response to submissions to the draft Cronulla Centre Strategy and the draft SSLEP

2013except for –

a) Area on the northern side of the Kingsway from Abel Place to Croydon Street –

Maximum height of buildings 30 metres and maximum FSR 2.75:1 and up to 3.0:1

subject to lots being amalgamated.

b) Area on the north side of Kingsway from Croydon street to Gosport Street –

Maximum height of buildings 16m (4 storey) and maximum FSR 2.5:1

c) All properties on Gerrale Street within the Urban Centre zone - Maximum height of

buildings 30m and maximum FSR 3:1

d) The area bounded by Croydon Street, The Kingsway, Wilbar Ave and Purley Place-

Maximum height of buildings 20 metres to Croydon Street (6 storeys) and 16 metres

(5 storey) to Wilbar Ave, and maximum FSR 2:1 to Croydon Street, 1.5:1 to Wilbar

Ave and 2.5:1 to 34-44 Kingsway.

e) The area bounded by Croydon Street, Kingsway, Cronulla Street and Purley Pl a

maximum height of 13m and FSR of 2:1 except for 49-55 Cronulla St and 62

Croydon St: 16m and 34-36 Croydon St: 20m and FSR of 2.5:1, 38-60 Croydon St

FSR of 3:1, 1-13 Cronulla St 2.5:1.

f) North side of Munro Park on Cronulla Street - Maximum height of buildings 25

metres/7 storeys

g) South side of Munro Park on Laycock Avenue - Maximum height of buildings 16

metres/4storeys

h) For the area bounded by Ozone Street, McDonald Street and the Esplanade in

Cronulla, which are currently zoned Zone 6 and currently have split height controls:

the Height of Buildings Map be a maximum height of 20 metres, and the FSR be

1.8:1.

29) Cronulla Area 2: Area of South Cronulla Zone 6 - Multiple Dwelling B north of

Richmount Street – maximum building height 16m/four (4) storey and maximum FSR

1.5:1, including the block bounded by Coast Avenue and Inglara Avenue

30) Cronulla Area 3: Area of South Cronulla Zone 6 - Multiple Dwelling B south of

Richmount Street – maximum building height 16m (4 storeys) and maximum FSR 1.2:1.

31) Cronulla Area 4: Area of North Cronulla centred on Elouera Road – maximum building

height 16m (4 storey) and maximum FSR of 1.2:1, including part block bounded by

Marlo Rd, Mitchell Rd and Burke Rd to be rezoned from Zone 5 – Multi Dwelling B to

Zone R4 High Density Residential,

32) Rezone Prince Street to Zone SP3 Tourism to allow tourism uses and food and drink

premises under residential flat buildings with maximum height of buildings 4 storeys/ 16

metres and maximum FSR 1.5:1,

33) Cronulla Area 6: Blocks bounded by Hume Road, Mitchell Road, Bate Bay Rd and

Eloura Rd – Rezone from Zone 4 Local Housing to Zone R3 Medium Density Residential

to allow townhouses with maximum height of buildings 9 m and maximum FSR 0.7:1.

Matters incorporated in other Draft Plans

The following matters which have been the subject of separate planning proposals to amend

the Standard Instrument LEP are included in the draft plan:

Waterways Rezoning (whole)

Amendment 1 to Standard Instrument LEP – the proposed rezoning of 69-71 Loftus

Street, Bundeena (Lot 1 DP 1077138) and part of 75 Loftus Street, Bundeena (Part

Lot 5 DP 663309).


Other Specific Zone changes

In finalising the content of the draft plan, Council has resolved (Mayoral Minute No.6/ 13-14,

Mayoral Minute No.29/13-14 and CCL007-15) to make the following additional changes:

a. Land within parts of Rosebery Street, King Street, Parkes Street, Martin Street, Oliver

Street, Whitton Street, Princes Highway and Veno Street at Heathcote – the zoning

has been changed from E4 to R2. The change resulted from submissions received

during the exhibition period, which resulted in a reassessment of the bushfire risk in

this locality, in consultation with the Rural Fire Service.

b. Area bounded by Kiora Road, Karimbla Road, Wandella Road and Public Recreation

land (traversed by Adina Street) - the zoning to be changed from R2 Low Density

Residential to R3 Medium Density Residential, with associated development

standards.

c. The land north of the Kingsway to Penprase Lane bounded by Kiora Road to the East

and Wandella Road to the west - development standards changed to FSR of 3:1 and

height of 30 metres.

d. Land at 40-44 The Kingsway - bonus FSR of 1:1 and height of 10m should the site be

100% tourist and visitor accommodation

e. Land at 2-8 Penrose Place, Menai (Lot 75 DP 774588) - to be included in the LEP and

zoned E2 Environmental Conservation with the development standards and other

provisions reflective of the E2 Environmental Conservation zone applied to the land.

f. Land at 26R Matson Crescent, Miranda (Lot 99 DP 10693) – the zoning is to be

changed from RE1 Public Recreation to E2 Environmental Conservation. This land is

a council owned bushland reserve on the Yowie Bay waterfront.

g. Land owned by Hammondcare at 19 Kiama Street / 86-110 Bellingara Road, Miranda

(Lot 1 DP 1097917) - zoning changed from R2 – Low Density Residential to R3 –

Medium Density Residential, with a maximum building height of 20 metres and FSR

of 0.75:1.

h. Land at 60-70 Bournemouth Street, Bundeena being Lot 3 DP 21392 - zoning is to be

changed from RE2 Private Recreation to E2 Environmental Conservation, with ‘eco-

tourist facilities’ added as a permissible use on specific land through Schedule 1:

Additional Permissible Uses.

i. Land within Fauna Place at Kirrawee, located within the R2 Low Density Residential

Zone under the exhibited plan – zoning is to be changed to R4 High Density

Residential. In addition, increases to height and/or FSR controls are proposed for all

R4 zoned land in the area bounded by Flora Street, Acacia Avenue, President Avenue

and Oak Road, and including the above mentioned land at Fauna Place.

j. Land in private ownership at 29R River Rd Woronora- the zoning of part of the land

is to be changed from SP2 Infrastructure (Classified Rd) to E3 with applicable

development standards.

k. Land at 50-52 Waratah Road, Engadine (Lot 353 DP 752033) – zoning is changed

from SP1 Health Services Activities to R2 Low Density Residential, with

consequential amendments be made to the map series to apply the development

standards and other provisions reflective of the proposed R2 zone to the land.

l. The following land at Novara Crescent Como, in close proximity to Como Railway

Station, -zoning is to change from R2 Low Density Residential to R3 Medium

Density Residential, with the development standards and other provisions reflective of

the proposed R3 zone applied to the land:

27 Novara Crescent, Como (Lot 2 DP 243347),





35 Novara Crescent, Como (Lot 6 DP 243347) and

37 Novara Crescent, Como (Lot 1 DP 36084).

m. Land at 176 Parraweena Road, Miranda (Lot A DP 28495, Lot B DP 28495 and Lot C

DP 28495) - to reflect the current approved use of the site the zoning is to be changed

from R2 Low Density Residential to B1 Neighbourhood Centre. The development

standards and other provisions reflective of the proposed R3 zone to applied to the

land.

n. Land in the ownership of public authorities – zoning is to be changed as requested in

their submissions. The zone changes are identified in Appendix 9: Extract from

Report – Summary of Public Authorities’ submissions, Mayoral Minute No 6/13-14

and CCL007-14.

o. Zone the following sites as SP1 Special Activities (Seniors Housing) with the

maximum development standard consistent with the height limits of surrounding

single dwellings, and no FSR or landscaped area controls to apply to the land:

Thomas Holt Village, 1-25 Acacia Road, Kirrawee

John Paul Village, 15 The Avenue, Heathcote

Anglicare Chesalon Nursing Home, 15 Lenna Place, Jannali

Sir Thomas Mitchell Nursing Home, 351 Fowler Road, Illawong

p. The unmade part of Sylvania Road South, between Darryl Place and Sylvania Road

South – the zoning is to be changed from RE1 Public Recreation to E2 Environmental

Conservation. This land provides a suitable setting for a range of recreational uses

whilst also containing natural features.

q. Rezone the land at 108 Captain Cook Driver, Caringbah (Lot 11 DP 773808) from

IN1 General Industrial to B5 Business Development.

r. 304 and 310 Prince Charles Parade, Kurnell (Lot 4 DP 14419 and Lot 12 DP 819440)

be rezoned from E2 Environmental Conservation to RE1 Public Recreation. The land

is owned by Council and both sites have leased community building facilities

servicing marine activities. The RE1 Public Recreation zone best reflects the current

and future use of the site.

s. The land zoned B3 Commercial Core at Sylvania (Southgate and surrounds) -

development standards changed allow maximum height of 16 metres.

t. The land at 1 Box Road and 3 Box Road, Taren Point (SP78875 and SP 84385) be

rezoned B7 Business Park.

u. The land at 89, 91 and 93 Parraweena Road, Caringbah (Lot 19 DP 610644,

S/P31823 and Lot 17 Sec D DP 8529) be zoned B5 Business Development Zone.

Zone Boundaries - Properties where the Mean High Water Mark has been redefined

The draft plan rezones those parts of properties at the land/water interface which are subject

to a redefinition of the Mean High Water Mark. The current zoning of these properties

comprises a residential zone and a waterways zone, with the zone boundary set at the

previously defined Mean High Water Mark. The draft plan applies the relevant residential

zone to the land above the redefined Mean High Water Mark as indicated on the current

registered Deposited Plan. There are a number of properties which will be rezoned by this

approach.


Development Standards and Local Provisions:

Foreshore Building Line

Under SSLEP2006, the foreshore building line is complex and open to misinterpretation by

residents. Under the Standard Instrument LEP, the foreshore building line is more simply

defined as ‘a line on the Foreshore Building Line Map’. As this line is the definitive location

of the foreshore building line, it is essential that the line be accurately mapped. The foreshore

building line has been reviewed to more accurately map its position for each property. On

most properties the foreshore building line is located in the same location as the indicative

mapping of the foreshore building line on the Zoning Map associated with SSLEP2006.

SSLEP2006 and SEPP Kurnell 1989 also contained default foreshore building lines that were

not mapped. These have now been mapped.

Some properties appear to have benefited from the foreshore building line moving closer to

the water, and in other instances, the properties seem more encumbered as the foreshore

building line has moved further from the water. However, the SILEP mapping is simply a

more accurate depiction of the location of the foreshore building line (reflecting the location

of the foreshore building line if a property specific survey was undertaken).

The mapping review has also identified some anomalies which result from accurate mapping.

For example a stretch of waterfront in which most properties would be unable to achieve a

development platform above the foreshore building line. In these instances, the foreshore

building line has been reduced to address this situation.

The model provision for Foreshore Building Line has been adopted with amendments. These

amendments are to allow the extension or alteration of existing dwellings within the

foreshore area where the extension or alteration will not further encroach on the foreshore

area and allow the erection of a new dwelling within the foreshore area where there is no

reasonable alternative location on the site for a new dwelling. The amendment also proposes

to add to the list of types of development permissible within the foreshore area – drainage

and inclinators to address local conditions which require private landowners to have the

ability to access their properties and/or waterfronts on very steep land and to manage issues

relating to drainage on this steep land. The proposed clause also proposes to add a numerical

control to limit swimming pools within the foreshore area to in-ground pools which do not

protrude more than 300 mm above the ground. This maintains Council’s current controls in

SSLEP2006 relating to in-ground swimming pools in the foreshore area and aims to

minimise the visual impact of such pools when viewed from the waterways.

To allow development below the foreshore building line where a variation of the foreshore

building line is appropriate, Clause 6.2 (2) allows the erection of a building in the foreshore

area, if the levels, depth or other exceptional features of the site make it appropriate to do so.

Following public exhibition, minor amendments have been made to clarify and streamline the

provisions. The foreshore building line clause has been amended to refer to a dwelling rather

than dwelling house which includes a number of ancillary features. The clause is clarified to

ensure that new dwellings are subject to considerations of the clause. The works allowable

within the foreshore area has also been amended to allow landscaping and remove works that

can be undertaken through State Policies. In addition the foreshore building line has been

amended for a number of properties, some of which are in response to errors in the mapping

system.


Building Height

The Height of Buildings Map shows, in metres, the maximum height allowable on each lot of

land in the Sutherland Shire. This approach differs from SSLEP2006, where height is shown

in storeys. A height limit in metres allows more flexibility in design and floor space mix.

Generally, all building heights in the Shire have increased. Heights in centres have increased

to accommodate the Housing Strategy, enable compliance with SEPP 65 design standards,

and to increase the feasibility of redevelopment. Generally, where not covered by the

Housing Strategy, the maximum height in the residential flat zone has increased to 16 metres

(4 storeys). The clause provides for additional heights on certain land where specific

requirements are met.

The maximum height of development in industrial zones has also increased from 11 metres to

16 metres.

The general height limit for low density residential areas is 8.5 metres, which achieves the

same outcome as the SSLEP2006 control which limits development to 2 storeys. This is also

consistent with the height limit for single dwellings which can be realised as complying

development under the State Environmental Planning Policy (Exempt and Complying

Development Codes) 2008. However, unlike SSLEP2006, the SI sets a maximum height limit

and does not differentiate between height limits to the underside of the uppermost ceiling and

to the highest point of the roof of the building.

The exceptions to this general height limit is the proposed 9m height limit for Greenhills

Beach residential subdivision (to maintain the existing height control under the Kurnell

SEPP) and Kurnell where a 9m height limit is proposed to allow design flexibility in this

location where the Flood Planning Level requires elevated floor levels for new construction.

The controls also aim to minimise the impact of higher density residential development on

single residential dwellings by limiting the maximum height of a dual occupancy or multi

dwelling housing on an internal lot to 5.4m. Similarly, the maximum height of the rear

dwelling of a dual occupancy development on a lot with only one road frontage is limited to

5.4m.

The height maps have been drafted on the basis of the above rationale.

Floor Space Ratio Map

The Floor Space Ratio Map indicates a maximum floor space ratio for most land in the Shire.

Floor space is currently controlled in SSLEP2006 by Clause 35. The transfer to SI format

results in a maximum FSR being specified for land. This results in a loss of finer grain

controls that specify specific maximum FSR for different development types in the residential

zones.

There are significant changes to the existing controls. Maximum floor space ratios in the

centres have been increased in line with the Housing Strategy. Floor space ratios in the low

density residential areas and the industrial areas have also been increased (see table 4 below).

The clause also provides for the maximum mapped FSR to be exceeded on specific sites

provided certain conditions are met.


Table 4 – Proposed Floor Space Ratio Controls

Zone Equivalent to* SSLEP2006 FSR SILEP

FSR

E3 Environmental

Management

E4 Environmental Living

Zone 1, 2, 3 <850sq.m. = 0.4:1

850-<1200sq.m. = 0.4 to 0.37:1

1200 – 1800sq.m. = 0.37 to 0.33:1

>1800sq.m. = 0.33 or less

0.5:1

R2 Low Density

Residential

Zone 4 0.45:1 0.55:1**

R3 Medium Density

Residential

Zone 5 0.7:1 - townhouses 0.7:1

R4 High Density

Residential

Zone 6 1:1 - flats 1.2:1

B1 Neighbourhood Centre Zone 10 1:1 1:1

B2 Local Centre , B3

Commercial Core

Zone 8, 9 2:1 2:1

IN1 General Industrial,

IN2 Light Industrial, IN3

Heavy Industrial, IN4

Working Waterfront, B5

Business Development, B6

Enterprise Corridor, and

B7 Business Park

Zone 11 1:1 1.5:1

SP2 Infrastructure Zone 12 none none

SP1 Special Activities Zone 12 none none

RE1 Public Recreation Zone 13 none none

RE2Private Recreation Zone 15 none none

E2 Environmental

Conservation

Zone 14 & 7(b) none none

E1 National Parks and

Nature Reserves

Zone 20 none none

*See table above for full list

**FSR for villas in mapped accessible area is proposed to be increased to 0.6:1 by an associated clause in order

to encourage villa development and so increase housing opportunities suited to an ageing population.

Landscaped Area

Landscaping controls are currently contained within clause 36 of SSLEP2006 and are an

integral part of the planning framework in Sutherland Shire. A landscape standard has been

consistently applied by Sutherland Shire Council since 1980. However, a landscaped area

requirement is not a mandatory or optional provision within the Standard Instrument.

It is considered that landscaped area provisions, along with height and density standards,

fundamentally determine development outcomes. Landscaped area works in concert with

floor space ratio controls to create the balance between built forms/hard surfaces and trees

and vegetation. Together these controls largely establish the intensity of development.

Requirements for landscaped area act to ensure the retention of vegetation; enhance

opportunities to maintain biodiversity; help manage urban runoff; ensure natural scenic

qualities are protected over time; and result in a balance between vegetation and development

that is complementary to the scale of buildings. Together the controls establish the character

of the area and how development relates to the natural landscape, adjoining development, any

surrounding bushland areas and the public domain.

Landscaped area controls are a fundamental part of Council’s existing planning framework

and are considered to be fundamental to the character of Sutherland Shire. The draft LEP


proposes to include a clause and map specifying the minimum landscaped area that applies to

the land. The current and proposed general controls are summarised in Table 5. The

minimum landscaped area has been reduced in the residential zones from that which applies

under SSLEP2006.

Table 5 – Proposed Landscaped Area Controls

Landscape Area

Existing Zone

(SSLEP2006)

Current control Proposed Zone

(DSILEP)

Proposed

minimum

landscaped Area

Zone 1 Environmental Housing

(Environmentally Sensitive Land), Zone 2

Environmental Housing (Scenic Quality)

Sliding scale dependent

on lot size:

>850sq.m. = 45%

850-1200sq.m. = 45-

47%

1200 – 1800sq.m.= 48-

53%

1800+ sq.m. = 53+%

Zone E3

Environmental

Management &

E4 Environmental

Living

40%

Zone 4 –

Local Housing

45% dwelling

(30% villas,

40% townhouses)

Zone R2 –

Low density

residential 35%**

Zone 5 –

Multiple Dwelling A

45% dwelling

(20% villas, 35%

townhouses)

Zone R3 –

Medium Density

Residential 30%

Zone 6 –

Multiple Dwelling B

60% dwelling, 20%

villas, 35% townhouses,

40% flats

Zone R4 – High

Density Residential 30%

Zone 11 - Employment

IN1 – General

Industrial 10%

10% IN2 – Light

Industrial 10%

IN3 – Heavy

Industrial 10%

IN4 – Working

Waterfront 10%

B5 – Business

Development 10%

B6 – Enterprise

Corridor 10%

B7 – Business Park 10%

**Landscaped area for villas in mapped accessible area is proposed to be reduced to 20% by an associated

clause in order to encourage villa development and so increase housing opportunities suited to an ageing

population.

In recognition of the difficulties experience by child care centres in achieving landscape areas

which meet the definition of ‘landscaped area’ and the increasing use of artificial turf in child

care centres, , the draft plan proposes a minimum landscape area for child care centres in the

R2 Low Density Residential zone of 25%.


Minimum lot size

Minimum lot size is currently controlled by Clauses 39 -42 of SSLEP2006 and has been an

integral part of the planning framework in Sutherland Shire.

The transfer to SI format is a direct transfer of the current minimum subdivision controls for

the low density residential areas (R2 Low Density, E3 Environmental Management and E4

Environmental Living) and includes a provision to require greater lot sizes for internal lots.

The provision maintains the current policy of assessing subdivision in the industrial and

business zones on merit. The draft plan introduces a minimum subdivision lot size of one

hectare for land in the B7 Business Park zone to protect the strategic advantage of large lots

in this zone. Lot sizes do not apply to strata subdivision in the R2 Low Density Residential,

R3 Medium Density Residential and R4 High Density Residential zones. Privately owned

land zoned E2 Environmental Conservation is proposed to have a 20 hectare minimum lot

size in accordance with SSLEP2000 provisions (clause 69(3)) and to prevent fragmentation.

No minimum lot size is proposed for the remaining land.

The SI does not transfer the current requirements for minimum lot size for the development

of villas, townhouses and residential flat buildings, as contained in Clauses 41 and 42 of

SSLEP2006. This policy change is anticipated to open up opportunities for higher density

development in the areas zoned for medium and high density development.

Dual Occupancy Dual occupancy development is permissible in all residential zones. However in the E4

Environmental Management zone it is only permitted where mapped (which excludes bush

fire prone land). In the E3 zone dual occupancy development is only permissible where

mapped and restricted to a limited number of sites with existing lawfully constructed

dwellings located in the foreshore area (waterfront cottages). This is a softening of Council’s

policy on the removal of waterfront cottages. Waterfront cottages are a traditional element of

Sutherland’s land/water interface and the draft plan seeks to facilitate their retention in

appropriate circumstances.

No minimum lot size applied for the construction or Torrens Title or Strata Title subdivision

of dual occupancies in the R2 Low Density Residential, R3 Medium Density Residential, and

R4 High Density Residential zones. In the E4 Environmental Living Zone, a minimum lot

size (as mapped) applies for construction of a dual occupancy. For subdivision of dual

occupancies in the E4 zone, the original lot must meet the minimum lot size (as mapped) for

Strata Title subdivision, while for Torrens Title subdivision each resultant lot must meet

minimum lot sizes. In the E3 Environmental Management Zone, no minimum lot size applies

for construction of a dual occupancy. For subdivision (Torrens title and Strata title) of dual

occupancies in the zone, each resultant lot must meet minimum lot sizes. In all cases, the

subdivision of land to create an internal lot for dual occupancies is proposed to be

permissible.

This approach will free up opportunities to meet the housing needs of the community.

Environmentally Sensitive Land Overlays of environmentally sensitive land have been prepared and included as a local

provision. The benefits of this approach are:

the intended conservation management outcomes for land can be clearly articulated in

the LEP;


areas are clearly defined and controls streamlined; and

sub-zones are not created as these are not permissible under the standard instrument.

Environmentally sensitive land relates to four clauses in the SI LEP –terrestrial biodiversity,

groundwater vulnerability, riparian land and watercourses, and natural landforms. The map

identifies environmental features throughout Sutherland Shire, including: threatened species;

riparian lands; landforms and steep slopes over 18 degrees; greenweb (Core, and Support);

aquatic habitats and landforms; land nominated as RAMSAR sites; and aquatic reserves

including Shiprock and Towra Point. The draft plan requires consideration to be given to

these environmental constraints by the consent authority.

Council has resolved to modify the exhibited maps in response to submissions made during

exhibition of the draft plans.

Brothels and Restricted premises Sex services premises’ are permitted with consent in the IN1 General Industrial Zone, and

‘restricted premises’ are permitted with consent in the B2, B3 and B4 zones. This is

consistent with the requirements of the Gateway Determination issued in relation to LEP1.

Unzoned land The Cronulla beachfront and land at Wattamolla are unzoned land. This is the result of the

draft plan zoning land to the Mean High Water Mark, while of the boundary of the local

government area is the Low Water Mark. None of the Standard Instrument water zones are

appropriate for this land, and it is not appropriate to zone the resulting ‘unzoned land’ any of

the land-based zones. The compulsory clause for unzoned land will therefore apply to this

land.

Definitions Definitions of terms used in the instrument are generally contained in the dictionary. While

many of the definitions associated with terms utilised in the draft plan are consistent with, or

similar to the definitions in SSLEP2006 or SEPP (Kurnell Peninsula), there are some

definitions which are different and will result in changes to development outcomes. However,

these definitions cannot be amended and the Standard Instrument Dictionary is adopted.

The following additional definitions are proposed for inclusion in dictionary:

Acid Sulfate Soils Map means the Sutherland Shire Local Environmental Plan 2013

Acid Sulfate Soils Map.

Activity Hazard Map means the Sutherland Shire Local Environmental Plan 2013

Activity Hazard Map.

Additional Permitted Uses Map means the Sutherland Shire Local Environmental

Plan 2013 Additional Permitted Uses Map.

Foreshore Building Line (adopted from the Settled Model Provision – Foreshore

Building Line)

Foreshore area (adopted from the Settled Model Provision– Foreshore Building

Line)

Foreshore Building Line Map (adopted from the Settled Model Provision –

Foreshore Building Line)

Internal lot (adopted from the Sutherland Shire Local Environmental Plan 2006)

Landscaped Area Map means the Sutherland Shire Local Environmental Plan 2013

Landscape Area Map.


Council has identified a number of land uses which are specific to the local area, and which

are not adequately encapsulated within any of the land uses defined in the Dictionary. As

these land uses relate to Additional Permitted Uses to be specified in Schedule 1, specific

definitions are proposed to be included in this schedule for the following uses:

Bus Parking

Café

Recreation camp

Sailing club

Additional permitted uses (Schedule 1) The plan sets out a mechanism for allowing specified uses on sites where the underlying

zoning would not otherwise permit those uses. Schedule 1 of the draft plan is a listing of the

relevant sites. It is not necessary to carry forward additional use provisions from the current

environmental planning instruments for sites where the additional use is permissible by virtue

of the zoning proposed to be applied to the land, or where the sites have been developed for

the specified uses and can rely on existing use rights.

As a result of the rationalisation and transfer to Standard Instrument zones, certain uses will

no longer be permissible on certain land. Numerous entries are contained in Schedule 1 and

indicated on the Additional Permitted Uses Map to allow the continuation of these existing

uses which would otherwise be prohibited under the draft plan. Schedule 1 also contains a

number of new listings e.g. recreational camps and caravan parks. In addition, a number of

uses are identified for specific land to encourage the future development of this land for

specific purposes, where it is not desirable or appropriate to add the use to the land use table

and so make the use permissible throughout the zone. The listing of 6 entries currently

contained in Clause 14 of SSLEP2006 is maintained.

Exempt development (Schedule 2) The plan makes provision for exempt development. Schedule 2 of the draft plan specifies

forms of exempt development in addition to the categories of exempt development set out in

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

(the Codes SEPP). As the majority of exempt development types specified in SSLEP2006 are

included in the Codes SEPP, the draft plan proposes only a small number of entries in

Schedule 2 Exempt Development. These are:

A-frame advertising boards and structures

Animal grazing

Demolition

Events (community and fundraising)

Freestanding industrial signage – Directory Boards

Horse stabling

Inflatable structures used for promotional purposes

Luminous pole advertising

Minor tree pruning

Signs on bus shelters and seats

Signs on roll down blinds and awnings

Complying development (Schedule 3) The plan makes provision for complying development. Schedule 3 of the draft plan specifies

forms of complying development in addition to the categories of complying development set


out in the Codes SEPP. As the majority of complying development types specified in

SSLEP2006 are either included in the Codes SEPP or proposed for inclusion in future

amendments to the SEPP, the draft plan proposes only one entry in Schedule 3 Complying

Development: Seawalls.

Classification and reclassification of public land (Schedule 4) The Planning Proposal does not propose to reclassify any land.

Environmental heritage (Schedule 5) The plan aims to protect items of environmental heritage and includes the model clause and

lists all items in Schedule 5. The list of Heritage Items in Schedule 5 comprises those items

listed in the existing planning instruments, with additions and deletions recommended by the

recently completed Foreshore Heritage Review

There are currently approximately 500 heritage items listed in the various planning

instruments. Rationalisation of the heritage schedule by merging single entries into multiple

entries and vice versa has resulted in additional entries. The Schedule and Heritage Map also

correct various errors, anomalies and/or inconsistencies that have become apparent in

inputting all the heritage listings into a GIS mapping system. The Schedule also reflects the

listing of the Kamay Bay National Park and Towra Point Nature Reserve as items of State

Heritage.

In response to submissions received to LEP1 and LEP2, the mapping of the Sandstone cliff at

Crammond Ave, Bundeena is to be amended to reflect the mapping of the heritage items in

SSLEP2006 and the property description for one item is to be amended (295 Woolooware

Road, Burraneer). In addition, the listing of Woronora Dam has been moved from Schedule

5 Part 3: Archaeological Site to Schedule 5 Part 1: Heritage Items.

Council resolved on 29 July 2012 and again on 5 August 2014 that 5 Evelyn Street North,

Sylvania be removed from the Heritage Schedule and Map. The proposed removal was

exhibited in LEP2. The Heritage Council has objected to the removal of the item from the

Heritage Schedule and Map.


Part 3 Justification

Section A – Need for a planning proposal

Is the planning proposal a result of any strategic study or report?

The planning proposal is the result of Councils’ resolution to proceed with the preparation of

a Standard Instrument LEP in line with the Minister and Department’s directive.

The draft plan attempts to translate the intent of the current planning controls (Sutherland

Shire Local Environmental Plan 2006, Sutherland Shire Local Environmental Plan 2000,

Menai Town Centre Local Environmental Plan 1992, and State Environmental Planning

Policy (Kurnell Peninsula) 1989) into the Standard Instrument format. The application of

residential zones in SSLEP2006 was based on an environmental risk analysis of land. This

was reviewed and translated into the Standard Instrument format. The draft plan has also

been informed by a number of strategies and studies, as indicated below.

Sutherland Shire Housing Strategy

A Housing Strategy sets out Council’s commitments to facilitate future housing supply.

Housing supply affects the demographic make-up of the local area, which in turn affects the

vitality of the local economy, the ongoing commitment to local schools, housing affordability

and the availability of housing options for residents as their needs change in different life

cycle stages.

The Sutherland Shire Housing Strategy 2031 seeks to meet the current and future housing

needs of the population. A principal aim of the Housing Strategy is to provide housing choice

in Sutherland, particularly for the ageing population. Enabling residents to age in place, in

their existing community, is reflected in the demand for smaller dwellings with good access

to shops, services and public transport. Providing increased housing choice will also free up

existing housing stock for families.

Census population data shows slow population growth in the Sutherland Shire. Between 2001

and 2006 the population of Sutherland Shire was stagnant. However, a 3.4% increase in

population occurred between 2006 and 2011, with an increase Estimated Residential

Population (ERP) of 7,220 people, from 212,531 to 219,751 people. The main demographic

trend in Sutherland Shire continues to be the ageing of the population. There is also a trend to

decreasing household sizes. The number of persons per household in 2011 remained at 2.65,

but the proportion of single person households continues to increase. As older person

households become the dominant household type, the Shire’s population will fall unless

housing supply increases. This is because more dwellings are needed to maintain the

population if there are less people in each dwelling. There will be a steady demand for more

dwellings as the numbers of small households grow, even with a low population growth.

The small recent increase in population has not changed the underlying trend of an ageing

population. The percentage of population aged 65 and over was 13.3% in 2006 and it has

risen to 14.9% in 2011, an increase of 1.6%. The need for additional small dwellings

continues to grow in order to meet both the needs of older residents looking to downsize and

also young people starting out. Adult children may be staying in the family home longer, but

eventually they will move out of home. Unless there are local affordable options in the

Sutherland Shire - usually a flat for a first home - they will move out of the area. Single

person households now make up 21.6% of the households in Sutherland Shire.


The NSW Department of Planning's Draft South Subregional Strategy requires Sutherland

Council to make provision for 10,100 additional dwellings by 2031, with 80% of the housing

growth being close to centres. The more recent Metropolitan Plan for the South Subregion

requires a further increase of 23,000 dwellings for the South Subregion (Canterbury,

Hurstville, Kogarah, Marrickville, Rockdale and Sutherland). It should be noted that the total

number of dwellings in Sutherland Shire increased by only 1,764 dwellings over the period

2006 to 2011.

Under the current zoning, the target number of 10,100 dwellings could be achieved by a

combination of villas and townhouses in low density areas, redevelopment of surplus sites

and medium density development and mixed development in centres. However, the

Subregional Strategy requires that 80% of dwelling growth occur within the defined radii of

identified centres. Based on the current zoning close to centres and anticipated housing

growth trends, analysis indicates that 56% of the anticipated new dwellings in the Shire in the

period to 2031 will be located within the hierarchy of centres. Based on existing capacity in

the centres, an additional 2,700 dwellings in centres are needed to meet the Subregional

Strategy target.

Consequently, the Housing Strategy proposes zone changes to increase potential dwelling

numbers in and close to centres and services by increasing height and floor space ratio

development standards. Opportunities for increases in dwelling density have been made in

the centres of Sutherland, Jannali, Miranda, Caringbah and Cronulla, and in the area between

Sutherland Hospital and Caringbah centre. In Engadine and Gymea centres, an increase in

permitted height will allow the existing floor space ratio to be realised for mixed use and

apartment developments. Some areas currently zoned for low density residential uses which

are close to Sutherland, Jannali, Caringbah, and Miranda centres have been identified for

rezoning for residential flat development. These new zoned areas will have a range of heights

and floor space ratios, with some areas allowed heights up to 20 metres (6 storeys) and FSR

1.5:1. Some areas close to Miranda and Cronulla centres have also been identified for

rezoning for townhouses.

It is estimated that the Housing Strategy will result in approximately 5,400 dwellings in the

centres (including the Kirrawee Brick Pit and Sharks development). The zoning and

development standards proposed will result in sufficient additional dwellings to more than

meet the housing targets of the Draft South Subregional Strategy. Council’s target is an

additional 2,700 dwellings. However, the Department has repeatedly warned that the

Subregional Strategy requirements should not been seen as a minimum. Given that the recent

Metropolitan Plan for the South Subregion will require further increases in dwelling

potential, and that the State Government is clear in its intention of restoring growth and

facilitating dwelling construction, it is sensible strategic planning to make additional

provision. This approach allows the market greater flexibility to respond to development

opportunities. The Housing Strategy will guide development until 2031 and as such council

needs to take a longer term perspective.

It should also be noted that dwelling numbers specified are hypothetical estimates of future

dwelling development. The estimates are based on a number of assumptions, including: that

generally only non-strata lots will be developed, development will be at an assumed take up

rate, and that dwellings will be constructed at an average dwelling size for that type of


residential development. However, for some areas (Cronulla), it is assumed that some

existing residential flats and strata lots may redevelop.

Refer to Appendix 4 Housing Strategy for more information.

Sutherland Shire Employment Strategy

In a local context dominated by an ageing local population, an ageing workforce, structural

changes in the labour market, growth of the knowledge-based economy, a mismatch between

local skill sets and local employment opportunities, and a local preference for economic

development that promotes community well-being, Sutherland Shire’s Employment Strategy

2031 is council’s commitment to sustainable employment growth to meet projected future

demand. Sutherland Shire’s employment capacity target is 8,000 new jobs for the period

between 2001 and 2031. This figure is based on population and employment trends as set out

in the Metropolitan Strategy and draft South Subregional Strategy (2007).

The Employment Strategy seeks to:

Apply a wide spectrum of zones and development standards reflecting and supporting

projected employment growth areas and their capacities.

Protect strategic employment lands for their highest employment generating potential

(including the application of a B7 Business Park).

Expand existing major employers and magnet infrastructure, to match local job

opportunities to local skill sets (eg ANSTO).

Cluster businesses (e.g. bulky goods retailers) and industrial processes (IN4 Working

Waterfront zone).

Strengthen Sutherland Shire’s centres to support additional employment capacity and

projected population growth.

Support the growth of home based businesses.

The cumulative effect of individual strategies can improve the Shire’s overall employment

self-containment rate.

Refer to Appendix 5 Employment Strategy for more information.

Sutherland Shire Environmental Strategy

The Sutherland Shire Environmental Strategy 2031 is Council’s commitment to delivering

sound environmental outcomes through its planning framework. The objectives of the

Strategy are to protect and enhance local biodiversity and water quality, to facilitate the use

of public transport and local infrastructure, and to encourage energy and water efficiency.

The draft plan addresses these objectives by balancing urban densities against the

environmental capacity of the land and infrastructure capacity. It includes mechanisms such

as the foreshore building line and environmentally sensitive land provisions that enable

Council ensure inappropriate development does not occur on sensitive land. Such areas

include the interface between residential areas and the waterways and foreshore reserves. The

plan also calls for sensitive design to project natural qualities of the foreshore area such as

rock outcrops, trees and bushland, rock platforms and beaches, as well as for lands affected

by contamination or acid sulfate soils. Finally, the draft plan introduces provisions that

address the environmental performance of new commercial and industrial buildings to in an

approach similar to the BASIX requirements.

Refer to Appendix 6 Environmental Strategy for more information.


Building Employment Opportunities in Sydney’s South

The proposals relating to the business and industrial zones have been informed by the study

undertaken by Jones Lang La Salle/ Hassell on behalf of Sutherland Shire Council, Hurstville

City Council and Canterbury City Council, and partly funded by the Planning Reform Fund,

titled ‘Building Employment Opportunities in Sydney’s South’. The study provides a

strategic analysis of the status of the main employment areas of Southern Sydney and makes

recommendations as to future directions and appropriate planning responses. It identified

local employment generation and key trends, and makes predictions regarding economic

growth and development opportunities. It highlighted the need to attract and develop

sustainable business to the region in future. The proposed zones and associated development

standards and planning provisions seek to encourage the growth and expansion of appropriate

local employment and protect the existing employment base, which are consistent with the

findings of the study.

Is the planning proposal the best means of achieving the objectives or intended outcomes, or is there a better way?

The planning proposal is the best means to convert the current environmental planning

instruments into an LEP consistent with SI format and apply specific provisions to give effect

to the directions of the strategic planning documents as outlined above.

At its meeting of 10th November 2008, Council resolved under section 54 of the then current

version of the Environmental Planning and Assessment Act 1979 to prepare an LEP and to

advise the Director General of the Department of Planning of this decision (SDC003-09).

In July 2009, the Environmental Planning and Assessment Act was amended to introduce the

Gateway and Planning Proposal process. In adopting the draft Standard Instrument LEP on

10th December 2012, Sutherland Shire Council resolved to proceed with the making of the

draft DSILEP through lodging a Planning Proposal for Gateway Determination, as it is

considered that there are benefits to receiving a Gateway Determination providing clear

direction, upfront feedback on the content of the instrument, direction on required

consultation or any additional studies deemed necessary to proceed.

Is there a net community benefit?

Yes: An LEP in the Standard Instrument format will enable Council to use the same planning

language as other Council's across the State, making it easier for its community to understand

the LEP provisions which apply in the Shire.

The draft plan includes localised planning aims, objectives and provisions specific to its area.

These provide greater opportunities for housing choice, with particular consideration of the

needs of the ageing population. The draft plan also incorporates measures to afford

environmental protection, so maintaining the natural characteristics of the Shire that the

community values highly.


Section B – Relationship to strategic planning framework

Is the planning proposal consistent with the objectives and actions contained within the applicable regional or sub-regional strategy?

The planning proposal is consistent with the following regional and sub-regional strategies:

Draft Metropolitan Plan for Sydney 2036

The Draft Metropolitan Plan for Sydney 2036 integrates the strategies, objectives and actions

of the Metropolitan Strategy - City of Cities: A Plan for Sydney’s Future 2013 and the

Metropolitan Transport Plan 2010: Connecting the City of Cities. The draft Metropolitan Plan

ensures that Sydney continues to have a relevant, sustainable plan which endeavours to

respond to recent housing and employment growth challenges, including the global financial

crisis, housing affordability and climate change.

The Draft Metropolitan Plan is built around five key outcomes for Sydney: balanced growth,

a liveable city, productivity and prosperity; healthy and resilient environment and

accessibility and connectivity with relevant strategies to guide development in Sydney for the

next 25 years. These directions address social issues, such as planning for a growing and

aging population, ensuring a wider mix of housing types and costs, improving the capacity of

Sydney for housing growth, and to invest in transport and other necessary infrastructure to

improve Sydney’s quality of living.

Environmental directions are also considered, with a focus on suitable land use planning,

addressing the vulnerability of Sydney to a changing climate and a carbon constrained future

and protecting land for a primary production, open space and conservation needs. Economic

directions include increasing job growth and the diversity of employment throughout the

Sydney region to strengthen Sydney’s economy.

In regards to the Sutherland Shire, the draft Metropolitan Plan has prioritised strengthened

connections between Sydney and the Illawarra, including investigating the F6 corridor and

improving rail capacity on the Illawarra line. The draft Metropolitan Plan has also identified

Sutherland as a potential major centre with increased capacity for office, retail, entertainment,

services and mixed-use development.

The Metropolitan Draft South Subregional Strategy

The Draft South Subregional Strategy is an intermediate step in translating the 2005

"Metropolitan Strategy, City of Cities: A Plan for Sydney's Future" to a local level. The

Metropolitan Strategy recognises that some issues extend beyond Local Government

boundaries and require a subregional planning approach. The south subregion is divided into

six distinct localities (Canterbury, Hurstville, Kogarah, Marrickville, Rockdale and

Sutherland Shire), each having a significant role to play in achieving the goals and aims of

the strategy. The strategy identifies a hierarchy of town centres, types of employment areas,

residential dwelling targets and strategies for accommodating growth in each local

government area. Council will be required to ensure that this growth can be accommodated in

appropriate locations. The South Subregional Strategy also works in concert with the State

Government’s State Infrastructure Strategy, released in May 2006.


Specifically, the subregional strategy requires Council to accommodate 10,000 new dwellings

and 8,000 jobs. 80% of the residential dwelling target is required to be within centres, where

access to employment, services and public transport are provided or can be provided. The

zoning and development standards proposed will result in sufficient additional dwellings to

meet the Sutherland Shire housing targets of the Draft South Subregional Strategy. Taking in

to account existing capacity, Council must provide for an additional 2,700 dwellings in

centres. It is estimated that the Housing Strategy will result in approximately 5,400 dwellings

in the centres (including the Kirrawee Brick Pit and Sharks development) – in excess of that

required by the current target. This approach allows the market greater flexibility to respond

to development opportunities. The Housing Strategy will guide development until 2031 and

as such council needs to take a longer term perspective.

Although the South Subregional Strategy did not identify any major centres within the

Sutherland Shire, Sutherland was identified as a potential major centre, which if developed,

will significantly help achieve housing and employment targets. Caringbah, Cronulla, Menai,

Miranda and Sutherland were listed as town centres, with an emphasis placed on increasing

the mixed-use and high density residential development within the Caringbah-Miranda area.

The draft LEP responds to the directions in the Metropolitan and Sub-Regional Strategies by

focusing on creating opportunities for residential development that will create greater housing

choice, and specifically cater for the ageing population. The proposed zoning changes

resulting from the Housing Strategy, together with the capacity within the low and medium

density residential zones and key development projects (Kirrawee Brickpit, Cronulla-

Sutherland Leagues and Caringbah High School site) can accommodate the required 10,000

new dwellings, with the majority of these within the centres.

Land for conservation and open space is protected through the judicious application of the E2

Environmental Conservation, RE1 Public Recreation and RE2 Private Recreation zones, and

careful consideration of the application of the W1 Natural Waterways and W2 Recreational

Waterways zones (to be finalised through the Planning Proposal - Waterways Rezoning). The

draft LEP also carefully considers many significant environmental qualities of privately

owned land, particularly land along the foreshores, through a range of local provisions.

In zoning land for economic activity, the draft LEP embraces the opportunities provided

through the range of industrial and business zones to encourage and support the development

of a range of types of economic activities within the Shire. It responds directly to the

Metropolitan Plan proposals for the Sutherland Shire, by identifying zoning land along the

Princes Highway which is suitable for more flexible economic activity and employment

creation (B5 Business Development Zone and B6 Enterprise Corridor Zone).

The zoning of the centres reinforces the existing centre hierarchy, with the new planning

controls including increased heights and FSR in Sutherland, Engadine, Miranda, Caringbah

and Cronulla providing greater opportunities for both new development and redevelopment

of land zoned B3 Commercial Core and R4 High Density Residential. Specific proposals for

the development of a mixed-use medical precinct in Caringbah, adjacent to the Sutherland

Hospital, are also included.


Is the planning proposal consistent with the local council’s Community Strategic Plan, or local strategic plan?

Sutherland Shire Council has an adopted Community Strategic Plan as well as a number of

local strategies which set out the principles underlying the draft plan. This Planning Proposal

and the draft LEP respond to the key directions within these documents.

Our Shire, Our Future

“Our Shire Our Future: Our Guide for Shaping the Shire to 2030” is the community’s

strategic plan for the future of the Sutherland Shire. The Guide identifies three focus areas of

‘live’, ‘work’ and ‘enjoy’ and contains the Shire Vision, a statement about how the

community would like the Sutherland Shire to develop.

The strategic strategies can be summarised as:

Housing for all: Housing that accommodates Shire household structures and

demographic changes

Active neighbourhoods where people are easily able to meet with and support their

neighbours

Balanced development: The negative impacts of development on the environment,

people and economy are minimised

Diverse local jobs: Infrastructure, technology and support for local economic and

employment opportunities enable residents to achieve a work/life balance

Local economic opportunities: A strong local economy that responds to local and

visitor needs and interests

Diverse leisure opportunities: Abundant, healthy and well maintained natural

environments for people to enjoy

In a general sense the draft plan implements the core principles of “Our Shire Our Future”.

Ageing Well Strategy

In 2009, Council adopted the strategy Ageing Well in Sutherland Shire, to prepare for an

ageing population in 2030. This Strategy caters for the healthy and well aged through to frail

older people and also those younger people who will be ageing in 10 to 15 years from now.

The Strategy has a broad scope to enable a long term approach to be taken. The main aims of

the strategy are to ensure that the older community has ample opportunity for a quality

lifestyle and to change negative stereotypes about older people so that they may play a more

active role in the community.

The key issues relevant to housing summarised from the Ageing Strategy are:

Ageing residents want to continue to reside in the Sutherland Shire but as people age

it becomes more difficult to maintain a house and garden.

Downsizing can be an opportunity to upgrade to newer and more age- appropriate

accommodation, but affordability can be a problem.

Demand will continue to grow for a range of housing options for aged people,

including residential aged care facilities, private rental and public housing.

Whilst the strategy has a focus on how the Council will prepare for an ageing community, the

strategy is also intended to be used by the whole community and has been largely developed

with input from key stakeholders from a wide range of services associated with older people.

The three key concepts explored in the strategy are what services Council will provide for the


ageing community, what activities and measures the individual can undertake to assist in the

aging process, and the expectations of other organisations within the community. These

concepts detail future housing and transport options for the community, encourage

community engagement and promote healthy living. The draft plan will deliver key aspects of

the Ageing Strategy.

Is the planning proposal consistent with the applicable state environmental planning policies?

The planning proposal is considered to be generally consistent with all SEPPs, except in

relation to:

State Environmental Planning Policy No.55 – Remediation of Land: The SEPP

requires a council, in rezoning land, to be satisfied that that the land can be made

suitable for the intended purpose. In the existing environmental planning instruments

applying to the land, sites such as churches, schools, depots etc are zoned ‘Special

Uses’. Under the Standard Instrument LEP format, the Department of Planning and

Infrastructure has instructed councils to rezone most existing special uses zones land

to match the adjacent zone. In the draft plan, many of the current special uses sites

adopt a zone, such as R2 Low Density Residential, that permits dwellings, child care

centres and other sensitive uses. In rezoning these sites, Council must be satisfied that

they could accommodate the potentially more sensitive land uses. A preliminary

investigation of each of these sites for contamination is not practical at this stage. It is

proposed that for the small sites, the contamination issues can be addressed at the DA

stage. For sites where the past activities are strong indicators that there may be

contamination e.g. railways, animal establishments, depots, waste recycling sites the

SP2 Infrastructure zoning has been applied to ensure consistency with the SEPP.

A full SEPPs analysis is provided in Appendix 7.

Is the planning proposal consistent with applicable Ministerial Directions (s 117 directions)?

The planning proposal is considered to be generally consistent with all S117 directions,

except in relation to:

3.1Residential Zones: The draft plan is generally consistent. There is a minor inconsistency

resulting from the proposed application of the proposed E4 Environmental Living zone to

some land currently zoned Zone 4 – Local Housing and Zone 2 – Environmental Housing

(Scenic Quality) where dual occupancies and multi dwelling housing are currently

permissible, but will become prohibited, so reducing the permissible residential density for

this land. However, this land is bushfire prone or from which safe evacuation in the event of

a bush fire is difficult to ensure. This land is not extensive, and the change of minor

significance. The minor inconsistency is considered justified.

3.2 Caravan parks and Manufactured Home Estates: The draft plan is inconsistent. There are

4 caravan parks in Sutherland Shire. The land on which three of these are located has been

rezoned from Special Uses in accordance with the Department of Planning and

Infrastructure’s directions. This land has been identified in Schedule 1 as land on which

additional permissible uses are permitted. The other caravan park is located in the F6

Freeway reservation. A specific clause is proposed for inclusion in the draft plan to permit

any use on this land which is identified for acquisition, prior to acquisition. These provisions

effectively permit the continuation of the caravan parks. Land for another caravan park is


identified in SSLEP2006 in Bundeena. However, the caravan park at this location closed

many years ago, and it is not considered appropriate to continue to set this land aside. The

inconsistency with the Planning Direction is therefore considered of minor significance and

justified.

5.2 Sydney Drinking Water Catchments: The draft plan is inconsistent with the planning

direction. The direction requires, land in the ownership or under the care, control and

management of the Sydney Catchment Authority located above the full water supply level to

be zoned E2 Environmental Conservation. The draft plan zones all the land in the ownership

or under the care, control and management of the Sydney Catchment Authority as SP2

Infrastructure, irrespective of whether it is above or below the full supply level, or comprises

operational land at the Woronora Dam. This inconsistency is considered of minor

significance as the SP2 Infrastructure Zone has limited development potential.

A full S117 directions analysis is provided in Appendix 8.

Section C – Environmental, social and economic impact

Is there any likelihood that critical habitat or threatened species, populations or ecological communities, or their habitats, will be adversely affected as a result of the proposal?

It is not anticipated that the draft plan will adversely impact on the natural environment. The

standard clauses in the Standard Instrument (Local Environmental Plans) Order 2006 which

protect the natural environment have been adopted for inclusion in the draft plan. The

provisions currently contained in SSLEP2006 and SEPP (Kurnell Peninsula) 1989 relating to

the protection of the natural environment have been retained in the draft LEP, through the

drafting of local provisions to address these issues e.g. Environmentally Sensitive Land

clauses 6.15, 6.16. 6.17 6.18.

Are there any other likely environmental effects as a result of the Planning Proposal and how are they proposed to be managed?

There are no known other likely environmental effects which will result from the translation

of SSLEP2006, SSLEP2000, MTCLEP1992 and SEPP (Kurnell Peninsula) 1989 into the

Standard Instrument format.

How has the planning proposal adequately addressed any social and economic effects?

The draft plan identifies land for housing, employment and industry to meet the projected

needs of the local government area over the next 20 years, in response to the needs identified

in the various strategic documents relevant to the area. It particularly responds to the key

demographic characteristics of the Shire – ageing population and decreasing household size.

In addition, the LEP in the Standard Instrument format will enable Council to use the same

planning language as other Council's across the State, making it easier for the community,

developers and other stakeholders to understand the planning controls provisions which apply

in the local government area.


Section D – State and Commonwealth interests

Is there adequate public infrastructure for the planning proposal?

The planning proposal will not change the status quo regarding the need for public

infrastructure. The provision of additional dwellings as envisaged in the Draft Housing

Strategy will not increase the population overall to any significant degree but will assist in

maintaining a stable population base characterised by an ageing population and decreasing

household size. Initial responses by public authorities have indicated that the public

infrastructure is sufficient to accommodate increased dwelling numbers. The projected time

frame to 2031 is also anticipated to allow agencies time to increase infrastructure where

required.

What are the views of State and Commonwealth public authorities consulted in the gateway determination?

The Gateway Determination issued by the Department of Planning and Infrastructure in

March 2013 required Council to consult with (at least) the following authorities:

Transport for NSW;

Roads and Maritime Services;

Office of Environment and Heritage;

Sydney Catchment Authority;

Department of Education and Communities;

State Property Authority;

Housing NSW;

NSW Rural Fire Service;

Commonwealth Department of Infrastructure and Transport;

Office of Strategic Lands;

Adjoining LGAs

The Gateway Determination issued in August 2013 required Council to consult with

Transport for NSW;

Roads and Maritime Services;

Office of Environment and Heritage;

Sydney Catchment Authority;

Department of Education and Communities;

State Property Authority;

Housing NSW;

NSW Rural Fire Service;

Commonwealth Department of lnfrastructure and Transport;

Office of Strategic Lands

NSW Heritage Council;

Adjoining LGAs;

Authorities that made a submission to the earlier exhibition of the draft LEP.

Formal written responses have been received from all of the above authorities, except

Government Property NSW (formerly the State Property Authority). Submissions have,

however, been received from Crown Lands relating to the Minister for Planning and

Infrastructure’s property holdings.


In addition to the above authorities, Council has also received submissions from the

following authorities:

Sydney Water

Australian Nuclear Science and Technology Organisation (ANSTO)

NSW Transport – Railcorp

Ausgrid

Department of Defence (Commonwealth)

Department of Health – South Eastern Sydney Local Health District

Department of Primary Industries – Fisheries NSW

NSW Trade and Investment – Crown Lands

NSW Heritage Council

The comments and requests contained in the submissions received from the public authorities

addressed matters relating to:

zoning;

development controls;

heritage;

acquisitions;

other policy matters; and

general comments relating to the exhibition.

The submissions have been considered in detail following the exhibition periods and reported

to Council on 29 July 2013 and 5 August 2014. Copies of the analyses are attached in

Appendix 9. Most of the requests have been accommodated as far as possible within the

plan.

It should be noted that in relation to some of the zoning issues raised by public authorities,

there are conflicting requests made by the various authorities, or the zoning requested by a

public authority is contrary to an issued Planning Direction. These relate to:

the zoning of roads within National Parks

the zoning of Shiprock Aquatic Reserve and Towra Point Aquatic Reserve

the zoning of the F6 corridor through the Royal National Park

While it is not Council’s role to be arbiter between the State departments and agencies, the

Department of Planning and Environment has indicated that Council should adopt the most

logical outcome in relation to these issues for the purposes of public exhibition, as these

matters will be considered and resolved when the draft plan is submitted to the Minister for

gazettal.

Part 4 – Mapping

The SILEP is supported by relevant and accurate mapping where appropriate. Mapping has

been carried out consistently with the requirements of Standard technical requirements for

LEP maps.


Part 5 – Community Consultation Community consultation has been conducted in accordance with the NSW Department of

Planning’s “A Guide to Preparing Local Environmental Plans.” The document has been

prepared using the direction provided in Part 3 of the Environmental Planning and

Assessment Act 1979.

LEP1 The Gateway Determination dated 8 March 2013 required that “the planning proposal must

be publicly available for a minimum of 28 days and should aim to commence exhibition

within 4 weeks of receipt of Gateway Determination”. The draft plan was initially exhibited

from 19 March to 17 April 2013. By resolution of council the exhibition period was extended

until 1 May. As a result the total exhibition period was 44 days.

To ensure residents were informed of the exhibition period all households (82,000

households) received an individual letter and accompanying flyers. In addition; a further

30,000 letters were sent to all properties where significant zoning changes are proposed.

A notice of the exhibition was published in the Leader, the community newspaper for the St

George and Sutherland Shire regions and the Liverpool Champion, the community newspaper

for the Sandy Point area on Tuesday 19 March 2013.

Copies of the exhibition material were made available to the public on Council’s website, at

Council’s offices and in all branch libraries (located in Bundeena, Caringbah, Cronulla,

Engadine, Menai, Miranda, Sutherland and Sylvania).

There were 2131 submissions received in response, including those made by public

authorities.

Planning Proposal – Waterways Rezoning A Planning Proposal – Waterways Rezoning, which proposed modification of the application,

permissibility and objectives of waterways zones as initially outlined in LEP1, was lodged to

the Department of Planning and Infrastructure on the 12th

of April, 2013. Gateway

Determination for this Planning Proposal was received on the 29th

of May, 2013, which

required the proposal to be exhibited for 28 days following amendments to the planning

proposal to reflect a subsequent Council resolution to also amend the zoning boundary in the

Georges River.

The exhibition of the Planning Proposal was initially to be held from 18th of June to 17th

of

July, 2013. However; by resolution of Council, the exhibition period was extended until the

16th

of August, 2013. Council also resolved to hold a public information session; however

this was abandoned due to the request for an Independent Review of DSSLEP2013.

Landowners of properties fronting a waterway which was to be rezoned by the planning

proposal were notified of the proposed changes through 1,000 letters sent during the

exhibition period. As required by the Gateway Determination, Council also consulted with

the Department of Primary Industries – Fisheries. Council also consulted with the Roads and

Maritime Service as the responsible agency for the waterways.




for the Sandy Point area on Tuesday 18 June 2013.




At the conclusion of the submission period, a total of 104 public submissions were received,

with further submissions being received from Roads and Maritime Service (RMS) and

Fisheries NSW.

LEP2 Council considered submissions to LEP1 and on 29 July 2013 (Mayoral Minute No 6/13-14)

resolved to amend the plan and re-exhibit the amended plan. The amended plan, referred to as

LEP2, contained a number of changes including zoning and development standards changes;

additions and deletions to the heritage schedule; clause amendments and mapping changes.

The changes proposed through LEP2 were such that a second exhibition was required.

LEP2 was initially exhibited from 20th

August to 17th

of September, 2013; however this was

extended by way of Council resolution to the 1st November 2013.

Over 6,400 tailored letters were sent to the owners and residents of property affected by the

changes made to the plan. In addition over 700 letters were sent out to those who sent

submissions to the initial exhibition (those with reply addresses).



for the Sandy Point area on Tuesday 20 August 2013.




A total of 1,420 formal submissions were received in response to the exhibition (including

submissions received after the exhibition closed). 741 of the submissions were pro-forma

styled submissions which raised a wide spectrum of issues.

Independent Review By Mayoral Minute No. 15/13-14 Council resolved to request the Minister for Planning and

Infrastructure to direct the Planning and Assessment Commission to conduct a public hearing

in accordance with Section 57 of the Environmental Planning and Assessment Act, 1979 into

the content of Draft Sutherland Shire Local Environmental Plan 2013. In response, the

Minister appointed Dr John Roseth and Ms Meredith Sussex AM to undertake an

independent review of the plan. The Independent Review received written submissions on

the draft plan between 3 December 2013 and 14 February 2014, and held 9 public hearings

between 29 January 2014 and 6 February 2014. These are reported in the report “Independent

Review of the draft Sutherland Shire Local Environmental Plan 2013”.


On the 26th

of June, 2014 the results of the Independent Review were publically released. The

report examined each of the changes made between LEP1 and LEP2 culminating in 92

recommendations relating to both procedural and planning matters.

LEP3 On the 5

th of August, 2014, Council considered both the recommendations of the Independent

Review and the results of the exhibition of LEP2 and resolved to amend the plan and re-

exhibit the amended plan, to be known as LEP3 (CCL004-15, CCL005-15, CCL006-15 and

CCL007-15). Amendments adopted within LEP3 include a reduction in residential height

limits to 8.5m, an increase to landscaped area in both E3 and E4 zones, site specific

rezonings, clause amendments and mapping changes. Many of these amendments involve a

move back to provisions as exhibited in LEP1 following recommendations of the

Independent Review.

It is intended that the re-exhibition of the draft plan will be again be undertaken in accordance

with the guidelines and Gateway Determination. Notice of the exhibition will be given in the

same community newspapers and on Council’s website. Information on LEP3 will also be

provided through Council’s ‘Our Shire’ quarterly newsletter. It is intended that a general

notification letter will be sent to all ratepayers and specific notification letters will be sent to

all households directly affected by specific rezonings identified in the Council report

CCL007-15. All those who previously made a submission and have supplied a return postal

address are also proposed to be notified of the re-exhibition.

The exhibition material will be available on Council’s website, at Council’s offices and in all

branch libraries. A number of ‘one on one’ sessions will be available for residents and

landowners to discuss LEP provisions with Council’s planning staff, including evening

sessions.

Part 6 – Project timeline

The following timeframe has been endorsed by Council (Mayoral Minute No. 2/14-15) to

finalise the LEP:

Milestone Date

Special Council Meeting to determine the final content of the new plan. 5 August 2014

Submission of Draft LEP and Planning Proposal for Gateway

Determination

12 August 2014

Gateway Determination 26 August 2014

Commence exhibition. 2 September 2014

Complete exhibition. 30 September 2014

Special Council meeting to consider submissions and finalise draft plan. 21 October 2014

Submission of final plan to Planning 31 October 2014

Gazettal of Plan. December 2014


Appendix 1 – Council Reports

03/12/2012 DAP040-13: Referral of Sutherland Shire Draft Standard Instrument Local

Environmental Plan 2013 for Gateway Determination

03/12/2012 DAP034-13: Planning Proposal to vary the permissible height, floor space ratio

and landscape percentage as it applies under SSLEP2006 to 748-750 Kingsway,

Gymea

10/12/2012 Mayoral Minute No. 23/12-13: Mayoral Minute No. 23/12-13: The Draft

Standard Instrument Local Environmental Plan (DAP040-13)

29/01/2013 DAP053-13: Amendment to FSR Controls in South Cronulla

04/02/2013 EHR039-13: Waterways and Mooring Pens

11/02/2013 CCL029-13: Review of Foreshore Building Line

25/03/2013 Mayoral Minute No. 29/12-13: Planning Controls for Sutherland Shire’s

Waterways

27/05/2013 CCL039-13: Waterways Rezoning Proposal

29/07/2013 CCL004-14: Draft Sutherland Shire Local Environmental Plan 2013

29/07/2013 Mayoral Minute No. 6/13-14: Sutherland Shire Local Environment Plan 2013

05/08/2013 Mayoral Minute No. 07/13-14: 100-104 Parraweena Road, Taren Point

05/08/2013 CCL006-14: Draft SSLEP2013 Confirmation of Zoning of 31 Bay Rd, Taren

Point and Ex- Scout Association Land at 60-70 Bournemouth Street, Bundeena

30/09/2013 Mayoral Minute No. 15/13-14: Draft Sutherland Shire Local Environmental

Plan 2013 and associated matters

15/07/2014 Mayoral Minute No. 02/14-15 Timeframe and Methodology for Completion of

LEP

05/08/2014 CCL004–14: Findings of the Independent Review of Sutherland Draft Local

Environmental Plan 2013

05/08/2014 CCL005–14: Results of re-exhibition of DSSLEP2013 and recommendations of

Independent Review into Sutherland Draft Local Environmental Plan

05/08/2014 CCL006-15: Results of Public Exhibition - Planning Proposal – Waterways

Rezoning (Amending Draft Sutherland Shire Local Environmental Plan 2013)

05/08/2014 CCL007-14:


Appendix 2 – Summary of Changes


Appendix 3 – Variations to SI local and model provisions and proposed additional local provisions


Appendix 4 – Housing Strategy


Appendix 5 – Employment Strategy


Appendix 6 – Environmental Strategy


Appendix 7 – Applicable State Environmental Planning Policies


Appendix 8 – Ministerial Directions


Appendix 9 - Report Extracts relating to Public Authority Submissions

LEP1 – Public Authority Submissions

LEP2 – 65. Public Authority Submissions

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