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Business Paper
Shire Strategic Planning Committee
Monday, 4 February 2019
Meeting will commence at the conclusion of the
Extrordinary Council Meeting.
Council Chambers,
Level 2, Administration Building,
4-20 Eton Street, Sutherland
Shire Strategic Planning Committee 4 February 2019
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ORDER OF BUSINESS
1. ACKNOWLEDGEMENT OF COUNTRY
2. APOLOGIES
3. DISCLOSURES OF INTEREST
4. CONFIRMATION OF MINUTES OF THE PREVIOUS MEETINGS
5. PRESENTATIONS
6. REPORTS FROM OFFICERS
PLN001-19 Draft Local Strategic Planning Statement - Infrastructure and
Collaboration
PLN002-19 Draft Sutherland Shire Development Control Plan 2015 Amendment 4
PLN003-19 Low Rise Medium Density Code Implementation
7. QUESTIONS
8. CONSIDERATION OF BUSINESS IN CLOSED SESSION
9. CONFIDENTIAL REPORTS FROM OFFICERS
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PLN001-19 DRAFT LOCAL STRATEGIC PLANNING STATEMENT -
INFRASTRUCTURE AND COLLABORATION
Attachments: Nil
EXECUTIVE SUMMARY
Council is required to prepare a draft Local Strategic Planning Statement (LSPS) that sets the
future direction for planning in the Sutherland Shire.
The LSPS seeks to align directions set out in in the Greater Sydney Metropolitan Region Plan
and the South District Plan into Sutherland Shire’s next Local Environmental Plan, due to be
completed in 2021.
Plans are based on four high-level themes: ‘Liveability’, ‘Productivity’, ‘Sustainability’, and
‘Infrastructure and Collaboration’. Council has already considered reports on Productivity and
Sustainability. This report addresses planning priorities related to Infrastructure and
Collaboration.
Council cannot appropriately plan for the two major city-shaping transport infrastructure
proposals in the Sutherland Shire without greater clarity on these projects, being the F6
“investigation” and the “beyond 20-year” mass transport link - Kogarah to Miranda”.
Infrastructure needs will continue to grow. The recommended strategic responses include:
- Support the “three cities” in the Metropolitan Regional Plan and promote north-south and
east-west transport connections
- Align forecast growth with infrastructure provision
- Support the ANSTO Collaboration Area
This report seeks Council’s endorsement of these recommendations, which will be expanded for
inclusion in the LSPS and placed on public exhibition by mid-2019.
REPORT RECOMMENDATION
THAT:
The Strategic Planning Unit incorporate the ‘Infrastructure and Collaboration’ strategic actions
detailed in this report into Sutherland Shire’s draft Local Strategic Planning Statement.
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PURPOSE
Council is required to prepare a draft Local Strategic Planning Statement that aligns with the directions
of the South District Plan. This report seeks Council’s endorsement of strategic actions that will inform
the Infrastructure and Collaboration component of Sutherland Shire’s Local Strategic Planning
Statement (LSPS).
BACKGROUND
In March 2018, the Greater Sydney Commission (GSC) finalised the ‘Greater Sydney Metropolitan
Region Plan: A Metropolis of Three Cities’ and five District Plans. The ‘South District Plan’ covers the
Sutherland Shire, Canterbury-Bankstown and Georges River local government areas. It is a 20-year
plan to manage growth to achieve the 40-year vision for the Region Plan.
The Environmental Planning and Assessment Act 1979 imposes a statutory requirement for each
council to review and amend their Local Environmental Plan (LEP) to give effect to the new District
Plans. Council recently completed the first of these steps in October 2018 when it endorsed the
‘Sutherland Shire Council LEP Review’ (PLN046-18) for submission to the GSC. The Review
illustrates the degree of alignment between priorities identified in the South District Plan and
Sutherland Shire Local Environmental Plan 2015.
Next, Council must prepare a draft Local Strategic Planning Statement (LSPS). The LSPS builds on
the findings of the LEP Review to ensure South District Plan priorities are placed within a clear local
context and are tailored to the unique economic, social and environmental characteristics of
Sutherland Shire.
The LSPS is intended to be a plain English explanation of how Council will refine its planning
framework to address both the priorities of the South District Plan, and the visions and outcomes of
the Community Strategic Plan. The LSPS does not have to provide all the answers, instead it will lay
out how Council intends to respond over a 5, 10 and 20-year time horizon. The draft LSPS must be
exhibited by 1 July 2019.
The LSPS structure is based on the following four high-level themes set out in the South District Plan
structure:
Infrastructure and Collaboration
Productivity
Liveability
Sustainability
This report addresses priorities and actions concerning ‘Infrastructure and Collaboration.’ It is one of
four reports – one for each theme - which, once endorsed by Council, will form Sutherland Shire’s
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LSPS. Reports on Productivity (PLN051-18) and Sustainability (PLN053-18) have already been
endorsed by Council.
Once the LSPS has been finalised, Council must have completed its review of SSLEP 2015 by June
2021. Council is not required prepare a new comprehensive LEP. It simply needs to review its current
planning framework and refresh it so that it betters aligns with the priorities and actions of the South
District Plan.
DISCUSSION
The South District Plan identifies two planning priorities related to Infrastructure and Collaboration
directive. They are discussed below, followed by strategic directions that build on the issues identified
in the LEP Health Check (PLN046-18).
Priority 1: Planning for a City Supported by Infrastructure
The purpose of this priority is to prioritise infrastructure investment to support the vision of the District
Plan, and to align infrastructure with projected growth. It also seeks to maximise existing infrastructure
by considering adaptability, potential shared use and strategies to influence behavioural change.
Like the State Government, Council must plan, prioritise and deliver infrastructure needs in line with
projected growth. The recent customer engagement survey, conducted for Council by consultants
Ruby Cha Cha in June-December 2017, surveyed residents on their satisfaction and use of Council
infrastructure. Almost all residents use roads, footpaths, car parking and/or cycleways. Parks and
open spaces are valued by residents and used extensively – the lifestyle that they facilitate are a big
part of the Shire’s identity. However, residents are concerned about the impacts of development, road
congestion and parking availability.
Overwhelmingly residents want to know how Council will manage the Shire’s future development
(69%) and population growth (68%). Most residents (80%) would prefer residential development to be
centralised around the transport corridors in the Shire. Clearly residents are concerned that
infrastructure must be aligned with growth.
In September 2018, Council conducted an Infrastructure Audit (PLN043-18). The audit focused on
‘big’ infrastructure such as transport, schools, hospitals and the like. The findings of the audit showed
a mixed picture. It found that there is infrastructure capacity in certain key areas, such as utilities,
services and regional open space. Elsewhere, however, there are major infrastructure challenges,
particularly in road and rail transport, and facilities in centres where the population is expected to
grow.
Council has a $2 billion asset portfolio. With respect to transport and connectivity, the current
Council budget (2018/19) includes over $20 million for the Transport Infrastructure Program,
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including $10 million for the Roads Construction Program and $3.3 million for traffic management.
The budget allocates over $1.5 million for footpaths and cycleways. The Tonkin Oval Boat Ramp
and Wharf upgrade will cost nearly $1million, and $1.3 million is budgeted for stormwater
infrastructure.
Connectivity improvements are also being pursued in partnership with TfNSW. The Sutherland to
Cronulla Active Transport Link (SCATL) is supported by Council, and stage 1 is due to commence in
February 2019.
Recreation and community facilities are also a priority of Council. The Council budget allocates over
$1.4 million for sporting fields, including $400,000 for the Waratah athletics track. Over $1.2 million
is budgeted for new library resources. The budget also includes the major refurbishment of the
Sutherland Entertainment Centre and commencement of upgrade works at Cronulla Plaza.
Additional funding has been allocated to renovate and improve existing community resources.
In early 2019, Council will conduct a local facilities audit to investigate local infrastructure. This
review should also consider the adaptability of infrastructure and its potential shared used when
preparing new plans, policies and strategies.
Transport infrastructure poses the most significant capacity challenge for Greater Sydney and the
South District. There are no immediate plans to substantially improve the capacity of the existing rail
links (i.e. the T4 or Illawarra train line), despite it being beyond capacity at present, and with significant
recent and proposed development along the corridor.
The Greater Sydney Metropolitan Region Plan identifies two major city-shaping transport infrastructure
proposals in the Sutherland Shire, being:- a “0-10 year investigation of the F6” and a “beyond 20-year
visionary mass transport link from Kogarah to Miranda”.
Figure 1: South District Structure Plan highlighting identified infrastructure investment in the Sutherland Shire
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The South District Plan does not contain any initiatives that will enable residents of Sutherland Shire to
better access jobs in the ‘Central City’ (Parramatta), or the ‘Western City’ (Liverpool or Western
Sydney Airport).
In order to plan and sequence projected growth through a place-based approach, greater clarity is
required on the location and form of the F6 infrastructure and the potential Kogarah to Miranda Metro.
Without an understanding of the location and form of future city shaping infrastructure, Council’s
potential to leverage growth and investment and to deliver great places for the future will not be
realised. Lack of detail also limits the ability of Council to protect these future ‘corridors’ and plan for
co-ordinating local infrastructure investment. Greater communication and transparency at the State
level is essential in understanding where this infrastructure will occur to inform place-based planning,
future zoning and possible LEP provisions
Similarly, Heathcote Road is a critical east - west connection linking the Illawarra, Sutherland Shire,
Bankstown and Liverpool areas. It is also the primary road access to the ANSTO Collaboration Area.
Heathcote Road is in need of a substantial upgrade to improve the service level and safety. Given that
the collaboration areas at both ANSTO and Liverpool aim to facilitate significant employment and
education precincts, this critical ‘city servicing’ infrastructure is in need of a substantial upgrade to
improve the service level and safety.
As Council prepares for future growth, there are challenges in providing local infrastructure,
particularly in areas transitioning to high density development. Council’s existing policy framework
seeks to coordinate projected growth in a manner that supports long-term investment into connectivity.
To realise this aim, it is planned to preserve proposed transport corridors for future uses while focusing
on high-density residential development in existing centres with railway stations, particularly the
strategic centres of Sutherland/Kirrawee and Miranda/Caringbah.
Recommended LSPS Strategic Direction:
Support development of the F6 corridor.
Lobby Roads and Maritime Services and Transport NSW for detailed information on the location
of the F6 corridor, including what infrastructure will be above ground and what will be below
ground, and including the location of stacks and local road connections/disruptions.
Protect land within and alongside potential transport corridors to ensure that future planning can
integrate and optimise land use and transport oriented development opportunities.
Lobby State Government to address the need for replacement open space, as a result of that
lost in the development of F6 infrastructure.
Lobby State government to bring forward the future mass transport (metro) link to Miranda
and identify the potential corridor.
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Lobby State Government in support of a safety and capacity upgrade of Heathcote Road, to
ensure an east - west connection that links the Illawarra, Sutherland Shire, Bankstown and
Liverpool.
Investigate new responses that consider the adaptability of infrastructure and its potential
shared use.
Continue to support the proposed Sutherland to Cronulla Active Transport Link (SCATL).
Continue to analyse Council’s community and open space assets with a view to ensuring
that there is an equitable distribution of infrastructure to serve the existing population and
locations where future growth is anticipated.
Factor these considerations into Council’s Long Term Financial Plan.
Priority 2: Working Through Collaboration
The purpose of this priority is to realise the benefits of collaboration between government, community
and business in special areas to support land use and infrastructure planning and delivery.
Infrastructure planning requires collaboration: managing competing needs of a city involves all levels
of government, industry and community. Within Sutherland Shire, the ANSTO Innovation Precinct is
identified as a collaboration area.
Figure 2: ANSTO Innovation Precinct The South District Plan proposes a non-statutory initiative to deliver planning outcomes that support
growth and change in collaboration areas. The initiative involves Council participation in the ANTSO
Collaboration Area Key Stakeholder Group, moderated by the Greater Sydney Commission. The
approach involves working toward a shared a vision for the area: identifying challenges and
opportunities; agreement on priorities for the area; and identifying projects and initiatives to deliver the
vision.
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Coordinating investment and infrastructure to align with transport links is particularly challenging in the
area. Although the District Plan does not identify transport upgrades that would improve access to
ANSTO, there is potential to coordinate investment and infrastructure to support residential
development opportunities near ANSTO. These areas include the potential R2 precincts on
Gandangara Aboriginal Land Council-owned land at West Menai and the approved Ridgeway Estate
subdivision.
The LSPS Strategic Direction:
Continue to collaborate with ANSTO, the Greater Sydney Commission and government
agencies to support the growth of the ANSTO innovation precinct. This includes upgrade to
improve the service level and safety of Heathcote Road and improved public transport.
Engage with Transport for NSW to develop greater understanding of infrastructure planning and
investment decision processes.
RESOURCING STRATEGY IMPLICATIONS
Council’s current Resourcing Plan (Long Term Financial Plan) seeks to provide and maintain services
and infrastructure desired by the community today and in the future. Additional population growth and
jobs will increase the need for additional infrastructure. Although major transport, road and utility
infrastructure is the State Government’s responsibility, providing more infrastructure is not without
costs for Council.
Council’s Development Contribution Plans levy new development towards the cost of infrastructure.
However the levy is capped by State legislation and does not cover the full cost associated with
additional residents.
The 7.11 Contribution Plan applies to town centres where there is growth in residential apartments. It
provides funding for acquisition of additional land for open space and augmentation of existing open
space in/near town centres, as well as funds for augmentation of Regional open space and cycleway
facilities. The 7.12 Contribution Plan applies outside these areas and provides for other open space
projects and Regional Open space, as well as drainage, traffic and public domain improvements.
Additional infrastructure comes with recurrent costs that cannot be funded through development
contributions.
Ultimately, population growth will result in infrastructure resourcing implications for all councils across
Sydney and this needs to be taken into account in long term financial and asset planning.
The Local Strategic Planning Statement is being prepared within the existing budget and resources of
the Strategic Planning Unit. It is anticipated that external consultants will be required to undertake
specific elements of research needed to inform decisions. The Strategic Planning Unit has a budget
allocation for this purpose.
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COMMUNITY ENGAGEMENT
No community engagement is required at this stage. Community engagement will be required during
the preparation of the comprehensive LSPS, in the first half of 2019.
STRATEGIC ALIGNMENT
The review of Council’s planning framework is essentially one of the key implementation tools for the
Community Strategic Plan and the Delivery Plan. As such, it connects to most of the goals, principles
and deliverables including:
Community Strategic Plan Strategy Delivery Program (2017-2021) Deliverables
1.1 Our community and leadership will
collaborate to enable the lifestyle and
environment to which we aspire.
1G Implement the 2017-2021 Asset Management
Strategy
1.2 Our leadership empowers a broad range of
stakeholders
6A Develop and implement an Integrated
Transport Strategy and Plan.
1.3 The community is informed and
empowered to rise to the challenges of a
changing world
6B Manage new and existing development within
a robust and effective framework.
3.1 The community has access to services,
programs and facilities to support and enhance
health and wellbeing.
6C Support housing diversity, accessibility and
affordability to meet the diverse needs of the
community.
6.1 Plan and develop integrated networks to
provide transport choices that allow people to
get around in a safe, accessible and efficient
manner.
6.3 Provide welcoming, safe and accessible
places and spaces that encourage active
lifestyles.
POLICY AND LEGISLATIVE REQUIREMENTS
Council is required under Section 3.8 of the Environmental and Planning and Assessment Act 1979 to
review and amend its LEP to give effect to the South District Plan ‘as soon as practicable’ after the
District Plan is made. Following on from the LEP Review endorsed by Council on 15 October 2018
(PLN046-18), the preparation of a Local Strategic Planning Statement (LSPS) is the next part of that
process.
The regulations require Council to exhibit and adopt a draft LSPS before 1 July 2019. The LSPS must
be finalised and adopted by Council by 1 December 2019. Council must than prepare a Planning
Proposal to support the amendments to the LEP that are necessary to implement the LSPS. This will
be required by early 2020 in order for the LEP amendment to be submitted for finalisation by June
2020.
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CONCLUSION
Council has a statutory responsibility to give effect to the District Plan. The strategic directions
identified above address the two ‘infrastructure and collaboration’ priorities and flow on actions
identified in the South District Plan. As such, they are consistent with legislative requirements, and will
be incorporated into the comprehensive Local Strategic Planning Statement, which will include
strategic directions related to the four themes of ‘Productivity’, ‘Sustainability, ‘Liveability’ and
‘Infrastructure and Collaboration’.
Reports on each of these themes have been or will be presented to Council by early 2019. A
comprehensive draft LSPS is forecast to be placed on public exhibition in mid-2019.
RESPONSIBLE OFFICER
The officer responsible for the preparation of this Report is the Acting Manager Strategic Planning
Beth Morris, who can be contacted on 9710 0376.
File Number: 2018/322453
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PLN002-19 DRAFT SUTHERLAND SHIRE DEVELOPMENT CONTROL PLAN 2015
AMENDMENT 4
Attachments: Appendix A (under separate cover),⇨ Appendix B (under separate cover),⇨ Appendix
C (under separate cover),⇨ Appendix D (under separate cover),⇨ Appendix E (under
separate cover),⇨ Appendix F (under separate cover),⇨ Appendix G (under separate
cover),⇨ Appendix H (under separate cover),⇨ Appendix I (under separate cover),⇨
Appendix J (under separate cover),⇨ Appendix K (under separate cover),⇨ Appendix L
(under separate cover),⇨ Appendix M (under separate cover),⇨ Appendix N (under
separate cover),⇨ Appendix O (under separate cover),⇨ Appendix P (under separate
cover),⇨ Appendix Q (under separate cover),⇨ Appendix R (under separate cover),⇨
Appendix S (under separate cover),⇨ Appendix T (under separate cover),⇨ Appendix
U (under separate cover),⇨ Appendix V (under separate cover),⇨ Appendix W (under
separate cover),⇨ Appendix X (under separate cover),⇨ Appendix Y (under separate
cover),⇨ Appendix Z (under separate cover),⇨ Appendix AA (under separate cover),⇨
Appendix AB (under separate cover),⇨ Appendix AC (under separate cover),⇨
Appendix AD (under separate cover),⇨ Appendix AE (under separate cover),⇨
Appendix AF (under separate cover),⇨ Appendix AG (under separate cover),⇨
Appendix AH (under separate cover),⇨ Appendix AI (under separate cover),⇨
Appendix AJ (under separate cover),⇨ Appendix AK (under separate cover),⇨
Appendix AL (under separate cover),⇨ Appendix AM (under separate cover)⇨ and
Appendix AN (under separate cover)⇨
EXECUTIVE SUMMARY
A number of minor amendments are proposed for Sutherland Shire Development Control Plan
2015 (SSDCP2015).
The SSDCP2015 amendments are required to comply with Council resolutions or State
legislation, or to clarify current development controls.
Proposed amendments include the addition of new controls for Exhibition Homes and Exhibition
Villages; amendments to Flood Risk provisions in Chapter 40 Environmental Risk; and an
amendment to allow cafes and restaurants to open early for indoor and takeaway trade.
A full list of draft amendments and detailed explanations is in Appendix A. The amended
chapters of Draft Sutherland Shire Development Control Plan 2015 marked up to show the
proposed amendments are attached as Appendices B - AN.
This report seeks Council’s endorsement of the proposed amendments for public exhibition.
REPORT RECOMMENDATION
THAT:
Draft Sutherland Shire Development Control Plan 2015 Amendment 4 be endorsed for public
exhibition.
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PURPOSE
This report seeks endorsement of amendments to the Sutherland Shire Development Control Plan
2015 (Draft Amendment 4).
BACKGROUND
Sutherland Shire Development Control Plan 2015 was approved by the Sydney South Planning Panel
on 25 July 2017, and came into effect on 2 August 2017.
Amendment 1 to the DCP corrected minor drafting errors and updated references to legislation and
Council policies. Amendments 2 and Draft Amendment 3 relate to development at Ridgeway Estate in
Barden Ridge. SSDCP2015 Draft Amendment 3 is not yet adopted and is on public exhibition until 13
February 2019.
DISCUSSION
The current proposed Draft Amendment 4 applies to various chapters of the DCP and comprises a
number of minor amendments with varying origins. Some amendments are required to comply with
previous Council resolutions or updated State legislation and renamed clauses in EPAA1979. Some
amendments are to clarify development controls or to correct inconsistencies of parking provisions
between chapters.
A detailed list of the draft amendments and explanations is in Appendix A. The amended chapters of
Draft Sutherland Shire Development Control Plan 2015 ‘marked up’ in red text to show the proposed
amendments are attached as Appendices B - AN.
Below is a summary of the amendments:
1. ‘Exhibition Homes’ and ‘Exhibition Villages’: In July 2018 Council resolved (PLN037-18), to
allow “Exhibition Homes” and “Exhibition Villages” in some locations. A planning proposal is in
progress to amend the Sutherland Shire Local Environmental Plan 2015 to make these uses
permissible. Council also resolved (PLN037-18) to amend the DCP to include development
controls for these new uses.
Accordingly, it is proposed to amend “Chapter 35 Other Uses” to include objectives and
controls for Exhibition Homes and Villages. The use “Exhibition Home” takes the same form as
a dwelling house, so the proposed text specifies that objectives and controls for dwelling
houses, as set out in Chapter 2 Dwelling Houses, will apply. However, the development of an
Exhibition Home would result in a higher rate of visitation than a single dwelling house, with
potential for greater impacts on local amenity, so additional objectives and controls are
proposed to protect surrounding residential amenity when exhibition homes or villages are
developed.
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2. Flood risk management: Proposed amendments to “Chapter 40 Environmental Risk” are
required by Council’s Stormwater and Waterways Engineers to ensure best practice in flood
risk management and comply with the NSW State Government’s “2005 Floodplain
Development Manual.” Child Care Centres and Health Services facilities are proposed to be
included in the ‘Sensitive Uses and Facilities’ category, permitted in low flood risk areas only,
and must meet greater development standards.
3. “Chapter 42 Administrative Provisions”: Amendment to clause 10.2 to clarify that an extension
of the lapse date of a development consent must be received at least one month before the
date of consent lapsing, to allow for processing.
4. Dual occupancies: Amendment to provide detail of test for when a second driveway is
permitted. In accordance with Council engineers’ recommendations, the amendment seeks to
enable multiple driveways in circumstances where the availability of on-street parking can also
be maximised.
5. Dual occupancies: Clarification that the required area of storage is in addition to storage
provided in bedroom wardrobes, kitchen cabinets and bathroom cabinets. Development
controls are not proposed to be changed.
6. Dwelling Houses, dual occupancies and multi-dwelling development (in E4 zone): Additional
objective to better explain the rationale for the current control limiting 2 storey development to
the front 60% of the site; Additional text to the existing objective for Zones E3 and E4, to
ensure that the natural environmental qualities of the locality dominate. The amendment
ensures that there is consistency between chapters, as well as consistency with LEP zone
objectives. Development controls are not proposed to be changed.
7. Late night trading: As per Council resolution (SER029-18), the proposed amendment to
“Chapter 37 Late Night Trading” is to allow restaurants or cafes to extend their hours of
operation to open at 5.30am for indoor and takeaway trade and from 6am for outdoor trading.
This control applies in all B2 Local Centre, B3 Commercial Core and B4 Mixed Use zones. A
review of the late night trading provisions in Kirrawee Town Centre is still underway and
pending consultation with NSW Police (SER029-18 Resolution 2).
8. “Chapter 34 Ancillary Development”: Addition of fencing diagrams and text to clarify existing
fencing controls. Development controls are not proposed to be changed.
9. “Chapter 39 Natural Resource Management”: Amendments necessary for consistency with
amended State Environmental Planning Policy (Vegetation in Non-Urban Areas) 2017.
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10. “Chapter 39 Natural Resource Management”: Addition of subclause to allow minor pruning of
trees (no more than 10% canopy in any period of less than 12 months), without approval, as
per current practice.
11. Residential Flats, centres, industrial/business and tourist zones: Minor amendment to advise
that where power lines are bundled, suitable trees can be planted underneath the bundled
wires.
12. Foreshore and waterways development: Amendment to clarify that jetties cannot be constructed
over Posidonia Australis (seagrass), consistent with Fisheries policy and State legislation.
Jetties and ramps constructed with suitable mesh decking may be permitted over Zostera and
other seagrasses.
13. Bicycle network map: Note in “Chapter 36 Vehicular Access, Traffic Parking and Bicycles” to
indicate that the Bicycle network map is a Strategy map, and a more detailed map is available
on Council’s website.
14. Pinnacle Street Precinct (Chapter 8): Remove reference to the route of SCATL (Sutherland to
Cronulla Active Transport Link) as the proposed route has changed.
15. Engadine Centre (Chapter 20): Update mapping of 7 Preston Avenue to indicate it is Zone B3
Commercial Core for consistency with amended SSLEP2015.
16. Sutherland Centre (Chapter 24): Amend the Design Guidelines (and/or the Amalgamation Plan)
for two specific sites: the block bounded by Boyle Street, Eton Street, Boyle Lane and Old
Princes Highway; and three lots at 575-571 President Avenue. These amendments are required
to ensure consistency within the chapter.
17. Caringbah Medical Precinct (Chapter 9): Minor amendments to text for consistency within the
chapter, and compliance with the Apartment Design Guide separation requirements. Minor
addition of objective to clarify the intent of the side/rear setback controls.
18. Parking provisions (Chapter 36 and various): In general, parking rates remain unchanged.
Minor amendments are proposed to clarify controls, update uses and terms consistent with
SSLEP2015, and correct some inconsistencies between chapters, particularly with respect to
industrial premises. The new standard instrument use called “Industrial retail outlet” will have a
parking rate of 1 space per 45 sqm, consistent with the rate for retail uses in zones B5 and B6
(Bulky goods).
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RESOURCING STRATEGY IMPLICATIONS
Amendments to the Development Control Plan are carried out within the existing budget and
resources of Strategic Planning.
COMMUNITY ENGAGEMENT
An amendment to the Development Control Plan is required to be publicly exhibited for 28 days.
Submissions received in that period will be reported to Council for consideration before Council
decides whether to proceed with the amendment.
STRATEGIC ALIGNMENT
Community Strategic Plan Strategy Delivery Program (2017-2021) Deliverables
Outcome 6: A liveable place with a high quality
of life
Manage new and existing development within a
robust and effective framework.
Outcome 2: Sutherland Shire: A beautiful,
protected and healthy natural environment
Strategy 2.2.1 Enhance and protect our diverse
flora, fauna and ecological communities
Strategy 2.2.2 Manage, promote and enhance
our tree canopy in urban and natural
environments
Strategy 2.2.3 Encourage responsible urban
planning which balances growth with
environmental sustainability
POLICY AND LEGISLATIVE REQUIREMENTS
The Environmental Planning and Assessment Act 1979 and Regulations sets out the legislative
requirements for the making and amending development control plans.
CONCLUSION
1. An amendment to the Development Control Plan is required to correct minor inconsistencies
between chapters, to be consistent with NSW state legislation and to streamline the operation of
the Plan. A full list of draft amendments and detailed explanations is in Appendix A. The
amended chapters of Draft Sutherland Shire Development Control Plan 2015 ‘marked up’ in red
text to show the proposed amendments are attached as Appendices B - AN.
2. It is recommended Draft Sutherland Shire Development Contribution Plan 2015 Amendment 4
chapters as attached to this report are endorsed for public exhibition.
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RESPONSIBLE OFFICER
The officer responsible for the preparation of this report is the Acting Manager Strategic Planning,
Beth Morris, who can be contacted on 9710 0376.
File Number: 2017/264379
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PLN003-19 LOW RISE MEDIUM DENSITY CODE IMPLEMENTATION
Attachments: Appendix A⇩
EXECUTIVE SUMMARY
For Sutherland Shire, the 12 month exemption to the Low Rise Medium Density Code (part of
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008) will
expire on 1 July 2019.
In September, Council wrote to the four local State Members of Parliament and the Minister for
Planning seeking a support for a permanent exclusion from the Code. No replies have been
received.
Council’s current plan SSLEP2015 is delivering housing, sufficient to meet the 5 year State
Housing target, of which a significant proportion is low rise medium density (dual occupancies
and townhouses).
It is recommended that Council further lobby the Minister for Planning for an exemption to the
Low Rise Medium Density Code.
To limit the impact of the higher density provisions embedded in the Code, Council needs to
prepare a planning proposal to require consistency with SSLEP2015 development standards
and/or limit the extent of medium density development which the Code will allow in the event
that the permanent exclusion requested is not granted.
REPORT RECOMMENDATION
THAT:
1. Council further lobby the Minister for Planning for a permanent exemption to the Low Rise
Medium Density Code (part of State Environmental Planning Policy (Exempt and Complying
Development) 2008), providing evidence that the Sutherland Shire is delivering a diverse
variety of housing in sufficient quantities to meet State housing targets.
2. A Planning Proposal be prepared and referred to the Sutherland Shire Local Planning Panel
that seeks to limit the impact of the higher density provisions imbedded in the Code, by
requiring consistency with SSLEP2015 development standards.
3. Should such a Planning Proposal not receive Gateway Determination, a Councillor briefing be
held on amending SSLEP2015 to limit the extent of medium density development.
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PURPOSE
The Low Rise Medium Density Code (part of State Environmental Planning Policy (Exempt and
Complying Development) 2008) will commence for Sutherland Shire in July 2019. This report
recommends that Council continue to lobby for a permanent exemption from the Code. This report
also explores options for ameliorating the impacts of the Code.
BACKGROUND
The Low Rise Medium Density Code (the Code) (part of State Environmental Planning Policy (Exempt
and Complying Development) 2008) was exhibited as a draft policy in late 2016. The State
government policy aimed to facilitate low rise medium density housing as complying development in
the R2 and R3 zones.
The Code allows, as complying development, one and two storey:
dual occupancies (whether side by side, or above/below),
manor houses (small flat buildings - 3-4 flats within a single building) and;
multiple dwelling (terraces - each dwelling must be at least 6m wide and front a road)
The Code aims to facilitate faster housing approvals, as complying development, where medium
density development is already permitted under a council’s local environmental plan. Private Certifiers
would assess compliance with standards and architectural quality of development.
As townhouses and dual occupancy are permissible throughout the R2 Low Density zone under
SSLEP2015, and were similarly permissible in the Local Housing zone under SSLEP2006, the Code
will apply to vast areas of the Shire. The Code permits (without DA assessment) medium density
development with a higher floor space ratio than currently allowed under the LEP in Zone R2 Local
Housing.
Council made a detailed submission (PLN015-17 Draft Legislation Affecting Medium Density Housing)
raising concerns with the draft Code. In particular Council’s submission objected to the draft policy on
the grounds that the SEPP would allow more dense development than permitted by the SSLEP2015,
potentially eroding local character and exacerbating amenity impacts. On a standard 600 m2 lot, Code
development will be 36% larger than that permitted under SSLEP2015 (see detailed discussion
PLN042-18). The changes will potentially jeopardise the neighbourhood character of low density
zones, with greater bulk and scale impacts on neighbours and less opportunities to accommodate
landscaping and trees of scale.
Neighbours would have no say on proposed development. Densities in the R2 zone were increased as
part of SSLEP2015 after extensive community exhibitions and an Independent Review, and it is
unreasonable that the Code override these provisions.
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Most other Sydney Councils were likewise concerned about the Code and made similar submissions
to the exhibition of the draft Code. On the 21 May 2017, in response to increasing community
concerns about the extent of change in the low density residential zones, Council resolved to seek a
suspension of the Code. Council resolved (BWN010-18 Complying Development Provisions – Dual
Occupancy, Manor Houses and Terraces):
That Council request the NSW Minister for Planning, the Honourable Anthony Roberts MP, suspend
the commencement of the complying development provisions which will encourage more dual
occupancy in Sutherland Shire, as well as manor houses and terraces, until:
1. Council has undertaken an audit of infrastructure to establish whether local and State
infrastructure can accommodate current and future housing growth, making sure infrastructure
is aligned with growth, and
2. Council has carried out a review of its planning framework to address legitimate community
concerns about the volume and density of residential flat buildings being approved under the
current LEP.
3. Council is to commence the review as matter of urgency, The General Manager and the
Director of Planning conduct a briefing as soon as possible to Councillors and involved staff on
process and time frames.
Council again reiterated its concern regarding the impending introduction of the draft Code on 18 June
2018 when it resolved (BWN012-18 Low Rise Medium Density Housing Code - Complying
Development Provisions):
1. Council notes the new planning laws Low Rise Medium Density Housing Code are due to take
effect in about two weeks.
2. Council seeks an urgent response from Minister Roberts to its letter dated 25 May 2018 asking
that the new laws be suspended from operation at Sutherland Shire.
3. The Mayor calls the Minister’s office urgently to bring Council’s concerns to his direct attention.
The Code came into effect on 6 July 2018. However ultimately 50 councils were exempted from the
operation of the Code. It is noted that only seven Councils in Sydney permit medium density
development in their low density residential zones.
On the 17 September 2018 Council again considered a report on the imminent implementation of the
Low Rise Medium Density Code (PLN042-18 The Low Rise Medium Density Code - Options for
Implementation). The report outlined how the current plan, SSLEP2015, is delivering housing to meet
the needs of the local community and also meets State targets for housing supply. It also
demonstrated how the Code will facilitate housing that is out of character with the local area, allowing
densities significantly higher than that permitted under SSLEP2015. The report explained options to
ameliorate the impacts of the Code. In response Council resolved:
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THAT:
1. Council make a request to the Minister for Planning for permanent suspension of the Code to
Sutherland Shire because Council’s planning framework is delivering record numbers of
dwellings across all forms of housing.
2. Council seek an amendment to the Code so that complying development must respect the
principle development standards contained in Sutherland Shire Local Environmental Plan 2015.
3. Council write to our State members seeking their support for a permanent suspension of the
Code in the Sutherland Shire.
4. Granny flats also meet the requirements of the Sutherland Shire Local Environmental Plan
In accordance with the resolution, on the 27th September 2018 the General Manager wrote to the
Minister for Planning seeking a permanent exemption to the Code (Appendix A). Council also similarly
wrote to the local Members of Parliament (The Hon. L. Evans, The Hon. M, Gibbons, The Hon. E
Petinos, and The Hon. M Speakman) seeking their support for a permanent exemption to the Code.
To date, and despite following this matter up with Department of Planning representatives, no replies
have been received by Council.
DISCUSSION
Housing Supply
Council has approved 2003 low rise medium density dwellings (multi dwelling, dual occupancy, and
secondary dwellings) in 3.5 years (to 14th January 2019). A further 461 dwellings were, at that time,
pending determination. The South District plan sets a five year completions target of 5200 dwellings to
20/21. Council has approved 6,261 dwellings and has 1,466 dwellings pending approval. Council’s
current plan SSLEP2015 is delivering housing, sufficient to meet the 5 year State Housing target.
Council is well placed to achieve this, and may exceed it, as demonstrated in the table below:
Net Dwellings
Approved by Year
Submitted
Apartments Multi Dwelling
Housing Units
Dual
Occupancy
Secondary Dwellings
(By DA, Private CDC
and Council CDC)
2015* Following LEP
2015 (23rd June)
2,577 153 162 72
2016 1,087 268 257 93
2017 557 287 361 117
2018 37 14 143 76
2019 (to 14/01/2019) 0 0 0 0
Total 4,258 722 923 358
Total Approved 6,261
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Pending
Determination at
14/01/2019
1,005 263 165 33
Total Approved and
Pending
5,263 985 1,088 391
Grand Total 7,727
The resulting cumulative impacts of development in these low density areas, however, has led to
increasing community dissatisfaction. Complaints from the community include the visual impacts of the
bulk and scale on neighbours (expressed as ‘over development’), loss of privacy, overshadowing, tree
loss, traffic generation and the out-of-character nature of the development.
Minimum Lot Size Initiative
Partially in response to ongoing residents’ concerns about ‘overdevelopment’, Council prepared a draft
Local Environmental Plan in August 2018 (PLN010-18 Planning Proposal Minimum Lot Size for Dual
Occupancy and Multi Dwelling Development) to:
Introduce minimum lot size of 600m2 for the construction of a dual occupancy in zone R2 Low
Density Residential
Introduce a minimum lot size of 700m2 for the construction of a dual occupancy in Zone E4
Environmental Living, and
Introduce a minimum lot size of 1200m2 for the construction of multi dwelling housing in zone
R2 Low Density Residential
The amendment to SSLEP2015 is awaiting final legal drafting. The amendment will enable dual
occupancy development on 19,124 lots, or 47% of lots zoned E4 and 70% of lots zoned R2. For multi
dwelling development, a minimum lot size of 1200sq.m in the R2 Low Density Residential zone will
require the amalgamation of two adjoining lots, as most lots in this zone are 15m wide and less than
1200sq.m. It is estimated that the introduction of the minimum lot size requirements will continue to
produce an additional 1,000 net dwellings per year for the next five years.
Other Sydney Councils’ Response to the Code:
In response to the Code, other councils continue to seek amendments to ameliorate the impacts of the
Code, including:
an exemption to the Code (permanent or temporary until a housing strategy is done) or
amendments to ensure consistency with LEP standards, or
reductions in the zones where medium density is permitted, or
all three of the above options.
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Most councils have been advised that amendments to the Code were not supported, however, some
councils are continuing to pursue this. Some councils have also sought minimum lot size provisions for
dual occupancy and medium density development as part of their solution.
All councils seeking an LEP amendments have been required to provide additional evidence to obtain
a Gateway Determination or permission to exhibit their draft plan. councils had to demonstrate:
how the council is meeting the housing targets of the District Plans, and
the type of housing being approved, including dual occupancy and multi dwelling development,
and
the number of lots that are/would be subject to the code, and
the total area zoned for such development.
(See information relating to Sutherland Shire above)
The following councils have requested exemption or permanent deferral from the Code and the
following amendments to their plans:
Ryde Council has a 2 year exemption until a housing strategy is endorsed.
Mosman Council has been granted a three year exemption to the Code for Mosman’s foreshore
slopes, and is working on amendments to strengthen their Local Environmental Plan.
Lane Cove Council, in December 2018, commenced exhibition of a plan to prohibit multi
dwelling development in the R2 zone. The plan affects 2,565 lots in the R2 zone. The exhibition
closes in February.
Northern Beaches Council (Pittwater) is about to exhibit a plan prohibiting multi dwelling/manor
house development from the R2 and R3 zones and prohibit dual occupancy development from
the R2 zone.
Georges River Council is awaiting Department of Planning and Environment (DPE) approval to
exhibit a plan prohibiting multi dwelling/manor house from the R2 zone and prohibit dual
occupancy development (unless approved by Council) in the R2 zone.
Canterbury Bankstown Council is awaiting DPE approval to exhibit a plan prohibiting multi
dwelling development/Manor Houses from the R2 zone, and limit dual occupancy development
to the LEP provisions.
Councils have questioned how Ryde Council was granted a further exemption and are seeking a
similar exemption while they prepare housing strategies.
Recommended Actions
As a response has not yet been received to Council’s request for a permanent exemption, it is
recommended that Council further lobby the Minister for Planning for a permanent exemption to the
Low Rise Medium Density Code while Council works toward preparing a new housing strategy to
inform a refresh of SSLEP2015. This would continue to be on the basis that Sutherland Shire is
delivering a diverse variety of housing in sufficient quantities to meet State housing targets.
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Given that the current 12 exemption will lapse in July 2019 and there is no certainty that the Minister
will agree to a permanent exemption, it is recommended that a Planning Proposal be prepared with
the intention of preserving the low density character of the R2 zone and R3 zones, ensuring
development is consistent with the provisions of SSLEP2015. To make this happen, the amendment
should seek to:
amend the State Environmental Planning Policy (Exempt and Complying Development Codes
2008) to ensure that dual occupancy and multi dwelling development is consistent with the
development standards contained in SSLEP2015 in both the R2 and R3 zones;
Introduce a minimum lot size for manor house development of 900sq.m. to ameliorate the
impacts of such development
These measures may not be successful, as a SEPP is intended to override the provisions of a LEP
and the minister may not be willing to amend the SEPP. Should Gateway Determination not be given
by the DPE, Council may request to:
Prohibit multi dwelling development in the R2 Zone
Prohibit dual occupancy development in the R2 Zone
The preferable option would be a permanent exemption from the Code, or at the very least, a
temporary exemption from the Code, until Council prepares its Housing Strategy.
It is important that Council’s intention is clear, as drafting of the actual provisions would be undertaken
by Parliamentary Counsel following exhibition of the plan.
As a further measure, Council could consider prohibiting dual occupancy and multi dwelling
development in the R2 zone and increasing the area zoned R3 Medium Density Residential to
compensate for lost development potential. This would lead to greater concentration of density in
areas up-zoned to R3 and may somewhat affect housing supply. The up-zoned R3 would have a FSR
of 0.55:1, rather than 0.7:1 as currently applies to R3, to ensure the scale of single dwellings was not
increased.
The exact areas to be added to the R3 zone could be the subject of a further Councillor briefing and
later Planning Proposal if this option is proceeded with. Alternatively this could be explored as part of
Council’s new Housing Strategy to be undertaken following the Local Strategic Planning Statement
(LSPS).
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RESOURCING STRATEGY IMPLICATIONS
Amendments to the SSLEP2015 are carried out within the existing budget and resources of Strategic
Planning.
COMMUNITY ENGAGEMENT
An amendment to the SSLEP2015 is required to be referred to the Local Planning Panel for comment
and then again be considered by Council. Such a draft amendment to SSLEP2015 is publicly
exhibited for 28 days (or as specified in a Gateway Determination). Submissions received in that
period will be reported to Council for consideration before Council decides whether to proceed with the
amendment.
Reducing permissibility of dual occupancy and multi dwelling development in the R2 zone will result in
mixed responses from the community. Without an amendment to the plan neighbours will be subjected
to even larger, bulkier buildings with limited examination of particular site constraints, and no
opportunity to comment. Council can explore other ways to facilitate housing as part of the LSPS and
new Housing Strategy.
Unfortunately the current State mandated planning system does not allow Council to take a more
nuanced response to planning matters.
STRATEGIC ALIGNMENT
The issues addressed in this report have connections to the goals and principles of the Sutherland
Shire Community Strategic Plan, including:
Community Strategic Plan Strategy Delivery Program (2017-2021) Deliverables
1.1.2 Evolve, influence and deliver community
strategies in partnership with the community to
meet their aspirations.
DP 41 Implement legislative requirements to
ensure environmental, archaeological and
Aboriginal heritage are conserved and valued.
2.2.2 Manage, promote and enhance our tree
canopy in urban and natural areas.
2.2.3 Encourage responsible urban planning
which balances growth with environmental
sustainability.
4.1.1 Identify and appreciate places, spaces and
stories that contribute to our Sutherland Shire
identity.
6.2 Facilitate a diverse housing mix that
provides choice and meets the needs of all
community members.
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POLICY AND LEGISLATIVE REQUIREMENTS
The Environmental Planning and Assessment Act 1979 and Regulations sets out the legislative
requirements for the making and amending local environmental plans.
CONCLUSION
The Low Rise Medium Density Code (the Code) (part of State Environmental Planning Policy (Exempt
and Complying Development) 2008) aims to override the provisions of SSLEP2015 and allow greater
development than currently permitted. Council’s current plan SSLEP2015 is delivering housing,
sufficient to meet the 5 year State Housing Target.
It is recommended that Council further lobby the Minister for Planning for a permanent or extended
exemption to the Low Rise Medium Density Code (part of State Environmental Planning Policy
[Exempt and Complying Development] 2008), at least until Council prepares its next housing strategy.
In case this is not granted, to limit the impact of the higher density provisions imbedded in the Code,
Council has no choice but to begin preparation of a planning proposal to require consistency with
SSLEP2015 development standards and/or limit the extent of medium density development.
Lodgement of a Planning Proposal will demonstrate Council’s commitment to maintaining the local
character of the Shire’s low density zones.
RESPONSIBLE OFFICER
The officer responsible for the preparation of this Report is the Acting Manager Strategic Planning
Beth Morris who can be contacted on 9710 0376.
File Number: 2016/257428
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