sub130510 SLEP 2013 RHVA - WordPress.com › 2013 › 05 › ... · 2013-05-10 · RedHeadVillages!Association–!SLEP2013Submission!!L!10May!2013! ! Although!there!is!no!definition!for!tavern!in!the!SLEP!Dictionary!the!use!‘Pub’!is!defined!as

RED HEAD VILLAGES ASSOCIATION (Inc)

North Bendalong, Bendalong, Berringer, Cunjurong, Manyana

Email: [email protected] Tel: 44564070 PO Box 2015

Bendalong NSW 2539

A COMMUNITY CONSULTATIVE BODY (CCB)

SUBMISSION

TO THE

DRAFT SLEP 2013

Dated 10 May 2013 Justin Field President

Red Head Villages Association – SLEP 2013 Submission -‐ 10 May 2013

CONTENTS

PART 1 INTRODUCTION

PART 2 CHANGES SUPPORTED IN REVISED DRAFT SLEP 2013

PART 3 MANYANA SHOPS

PART 4 CUNJURONG POINT

PART 5 NORTH BENDALONG

PART 6 KYLOR LAND MANYANA

PART 7 CARAVAN PARKS

PART 8 SLEP AIMS


PART 1

INTRODUCTION

The RHVA would like to congratulate Council strategic planning staff for the excellent

material provided during this second exhibition phase. Of particular significance was the

interactive mapping, the availability to download these, coupled with the summary of

outcomes from both the previous exhibition and Council’s subsequent decisions.

The Association would also like to acknowledge the positive and helpful responses to

various telephone enquiries, in particular Gordon Clark and Marie-‐Louise Foley.

Finally, our thanks to Mayor Gash who provided the opportunity to ‘showcase’ the SLEP

Group issues to both Councillors and senior Council staff.

SLEP GROUP SUBMISSION

The RHVA was an active member to the SLEP Group throughout its years of deliberations.

The Association supports unequivocally, all the recommendations for change to Draft SLEP

2013 made in the SLEP Group Submission.


PART 2

CHANGES SUPPORTED IN REVISED DRAFT SLEP 2013

The following changes were made subsequent to the public exhibition of Draft SLEP 2009 in

2011. The amended changes, resulting from the previous exhibition, along with directions

from DP&I, lead to these changes.

The RHVA strongly supports the changes as noted in the table below.

Serial Site Outcome from 2011 exhibition of Draft SLEP 2009

Proposed for Draft SLEP 2013 (SUPPORTED BY RHVA)

1 LOT 7051 DP 1101639 Inyadda Drive

Crown land zoned RU2 Zoned E3

2 Berringer Village Zoned RU5 Zoned R2

3 Berringer Lake waterway (and Lake Conjola

Part zoned W1 and W2 All zoned W1

4 Green Island Zoned E3 Zoned E2

5 Lot 129 DP 205240, Sunset Strip

Zoned R2 Zoned RE1

6 North Bendalong Village Zoned R2 (potentially zoned R1)

Remain zoned R2

7 Part Lot 7050 DP 1101639 Bendalong Rd

Crown land. Sensitive Urban lands Review zoned E2

Remain zoned E2

8 Lot 482 DP 823199 Crown land. Sensitive Urban Lands review zoned E2

Remain zoned E2

9 Lot 705 DP 613881, Manyana Drive.

Consistent with Part 3A, DOP approval

Remain zoned E3,R2

10 Kylor land zoned R5 HOB overlay not shown but HOB potentially 11m

HOB overlay limits height to 8.5m

11

Lot 7317 DP 1168554, North Bendalong

Crown land. Sensitive Urban Lands Review zoned E2

Remain zoned E2

12

Kylor land (various) Zoned E3, R1 and R2 with large lot overlay of 2000m2

Zoned E3, part R1 and remainder R5 with HOB overlay of 8.5m


PART 3

MANYANA SHOPS

Recommendations

Lot 1 DP 1161638, Curvers Drive

• Amend zoning for Manyana Shops from B2 to B1, and

• Specify the HOB for this Lot at 8.5m.

Comments

The objective for B1 is:

”to provide a range of small scale retail, business and community uses that serve

the needs of people who live and work in the surrounding neighbourhood”,

and

“to ensure that the development is of a scale that is compatible

with the character of the surrounding environment”.

Fact Sheet 9 indicates that the Table is a guide only and therefore zone 3(f) was made B2

under that guideline. However the Fact Sheet provides examples of Neighbourhood versus

Local Centres and clearly the Manyana site reflects B1 characteristics rather than B2. The

Centre would be utilized by local residents and is most unlikely to attract a wider customer

base outside the District. Further, other examples such as Mollymook Shops and Bawley

Point, both of which service a wider customer base than Manyana, have been zoned B1.

Both the RHVA and the owner of the property (Mr. Sweeney) made representations at the

previous exhibition.

The proponent’s argument for a B2 zoning centred on his ability to be able to include a

‘tavern’ on this site at some future time.


Although there is no definition for tavern in the SLEP Dictionary the use ‘Pub’ is defined as:

“Licensed premises under the liquor Act 1982 the principal purpose of which is the sale of

liquor for consumption on the premises, whether or not the premises include hotel or motel

accommodation and whether or not food is sold on the premises.”

It should be noted that both B1 and B2 include such a use, B2 being mandated under the

Standard Instrument whilst B1 is permitted with consent by Council.

It was Council that has added the second objective that defines the scale and type of

shopping facility suited to this zoning, that is,

“to ensure that the development is of a scale that is compatible with

the character of the surrounding residential development”.

The City Wide Growth Management Strategy clearly indicates that growth in the District is

limited and that the small village environment will continue; local residents strongly agree

with this outlook and support a B1 zoning.


Part 4

CUNJURONG POINT

Recommendation

Lot 7 DP 111567, 7 Alaska Street Cunjurong Point. That the proposed zoning of B2 is

inappropriate and that Lot 7 be zoned R2 as per the transfer from the 1985 SLEP of 2(a1).

Comments

This lot has in the past served as a general store with petrol outlet. In more recent times Lot

7 has been utilised as a take-‐away shop and café bar. The sale of petroleum ceased about

18 months ago and it is our understanding that the petrol pumps have now been

decommissioned under Council guidelines.

The extraordinary zoning of B2 is totally inappropriate; this places Lot 7 on the same level as

the proposed major shopping centre on the corner of Inyadda Drive and Curvers Drive.

Further, B2 zoning provides access to other uses such as registered clubs and restricted

premises (mandated by the SI) in an enclave of residential housing. Regardless, Lot 7 should

have a specified HOB of 7.5m consistent with the surrounding residential landscape.

By comparison the existing (and only) general store in the District is located at 20 Waratah

St (Lot 334 DP 755923) and remains zoned R2 with a HOB limit of 7.5m. This store has both

liquor and petrol licences.

Zone R2 permits, as one of its uses, neighbourhood shops, and both current and previous

uses of this Lot are consistent with this definition.


PART 5

NORTH BENDALONG

Recommendation

That Lot 24 DP1180149, North Bendalong, retain the proposed E3 zoning but that the HOB

be changed from 7.5m to 5.5m

Comments

Lot 24 is an iconic headland at North Bendalong.

Currently it supports 10 holiday cabins plus a manager’s residence and other ancillary

buildings.

The proprietor applied for a DA in 2000 (DA00/3333) to upgrade the cabins and build new

ancillary structures including a 2-‐storey manager’s residence.

Owing to the site visually impacting Dee and Flat Rock beaches and across to Boat Ramp

beach Bendalong, Council limited the height of structures (manager’s residence ) to 5.5m.

The new SLEP HOB overlay should reflect this parameter.

Recommendations

Retain R2/E2 combination for Lot 468 DP755923, North Bendalong, as exhibited.

That the R2 portion of Lot 468 be retained strictly as an APZ incorporating road access,

suitable for Cat 1 RFS vehicles, as required by the Sensitive Urban Lands Review

recommendations.

That the remaining portion of Lot 468 retain its E2 zoning and that no rezoning for

residential purposes be permitted.


Background

Crown land directed in their letter dated 27/10/2008 that Lot 468 was NOT to be used as an

APZ.

DP&I and Council have agreed that to best meet the SULR recommendations for Village

wide APZ protection, a perimeter road be constructed that would enable RFS vehicles to

navigate around the southern and western boundaries with access from both Cypress St in

the north west and North Bendalong Road in the south east.

It is understood that Crown Lands has now sold Lot 468 to the owner of the adjoining

subdivision.

CHRONOLOGY OF DEVELOPMENT – NORTH BENDALONG SF10011 23 Dec 2008

10 Lot Residential Subdivision pursuant to the SLEP, 1985. APPROVED. Condition 7 (a -‐ f) Crown Reserve included. Conditions (e) and (f) in particular outline no stormwater discharge; effluent management zone; or asset protection zone use. Prior to Approval: 20/6/08: DoP refused first Master Plan Waiver under Clause 18(2) of SEPP 71 (Coastal Policy) for 18 lot residential subdivision. Inconsistent with Sensitive Urban Lands Review Panel findings in SCRS. DA not supported. 27/10/08: DoL outlined requirements, particularly that Crown land not be used as effluent management zones or as asset protection zones. 3/12/08: DoP under Clause 18(1)(a) of SEPP 71 (Coastal Policy) agrees to waive Master Plan.

SF10125 27 Apr 2010

18 Lot Residential Subdivision pursuant to the SLEP, 1985. APPROVED PENDING RESOLUTION OF DEFERRED MATTER, i.e. revised plan of subdivision. SF10011 approval must be surrendered prior to Construction Certificate being granted. Prior to Approval: 3/12/09: DoP received another request on 23/6/09 for Master Plan Waiver under Clause 18(2) of SEPP 71 (Coastal Policy) for 18 lot residential subdivision. DoP met with landholder and consultant onsite on 28/7/09. DoP advised possibility of further development. Outcome was that a revised subdivision plan would be submitted to DoP incorporating SLURP findings; incorporation of perimeter road along southern boundary; and submission made on lot zoning when draft SLEP 2009 exhibited. 8/12/09: RHVA objection letter to SF10125 sent to SCC and DoP. 26/2/10: DoP letter to SCC – waives need for a Master Plan in relation to subdivision proposal; acknowledges BFPA report for APZ widths on southern and western boundaries. 4/3/10: RFS outlined requirements, including those for cabin on Lot 31.


Chronology of Development – North Bendalong … continued

DS10/1337 8 Nov 2010

S96 revised plan to enable operational consent of 21 Lot Residential Subdivision. APPROVED. In particular: • Condition 1 revised to include “and amended plan reference U12608 dated

05.05.10”. • Condition 3 deleted – now an operational consent. • Condition 4 deleted – consent lapse date no longer applicable. • Condition 5 (RFS terms) revised, however, note that (f) which requires existing

tourist cabin facility on proposed lot 31 be upgraded to improve ember protection essentially remains the same.

• Condition 58 deleted – replaced with revised version re northern road, which essentially remains the same apart from change to lot numbers.

• Condition 62 deleted – replaced with revised version re northern road to western boundary, which essentially remains the same apart from change to lot numbers.

• Condition 67(c) – building restriction re lots 19, 20 and 21 deleted. • Condition 68 deleted and replaced with: “All conditions of development consent

DA00/3333 shall be complied with prior to release of a final plan of survey and issue of a Subdivision Certificate for Stage 1. In this regard, evidence of full compliance with DA00/3333 shall be submitted.” (for Stage 1 now added).

Note that: Condition 7 (a -‐ f) Crown Reserve included. Conditions (e) and (f) in particular outline no stormwater discharge; effluent management zone; or asset protection zone use. Exact wording has continued since SF10011 in December 2008.

DS11/1224

15 Nov 2011

18 Lot Residential Subdivision -‐ pursuant to Shoalhaven Local Environmental Plan 1985. APPROVED 15/11/2011. Note that:

• Condition 5(f) remains as above in DS10/1337. • Condition 7 (a -‐ f) Crown Reserve. Exact wording has continued since SF10011

(Dec 2008) and SF10125 and subsequent modifications. • Condition 68 remains as above in DS10/1337.

Prior to Approval: 30/6/11: Refshauge report said 1 row of 8 allotments, now 2 rows of 18 allotments. Western border extended by 20m into Crown land. Provides precedent to have APZs formed on property not owned by developer.

DS12/1138 7 May 2012

18 Lot Residential Subdivision pursuant to the Shoalhaven Local Environmental Plan, 1985. APPROVED 7/5/2012. DS10/1337 now deleted under DS12/1138. • Condition 1 -‐ Subdivision plan provided -‐ U12608 dated 28/2/12. • Condition 2 outlines revised staging. • Conditions 3 and 4 deleted re deferred commencement and limited consent. • Condition 5 deleted and replaced with revised RFS General Terms of Approval.

Note that previous public road reference deleted and fire trail inserted instead. Also, 5(f) now reads: The existing tourist cabin facility on proposed lot 31 is required to be upgraded, prior to release of stage 2, to improve ember protection. “prior to release of stage 2” is a particular addition to the previous version.


Chronology of Development – North Bendalong … continued • Condition 68 deleted and replaced with:

“All conditions of development consent DA00/3333 shall be complied with prior to release of a final plan of survey and issue of a Subdivision Certificate for Stage 3. In this regard, evidence of full compliance with DA00/3333 shall be submitted. (for Stage 3 now added and for Stage 1 deleted).

Note that: Condition 7 (a -‐ f) Crown Reserve. Exact wording has continued since SF10011 (Dec 2008), SF10125 and all subsequent modifications.

DS12/1365 27 Sep 2012

18 Lot Residential Subdivision pursuant to the Shoalhaven Local Environmental Plan, 1985. SUBMITTED 26/9/2012. APPROVED 27/9/2012 within 24 hour timeframe with NO NOTIFICATION. • Condition 5(f) deleted and replaced with:

“The existing tourist cabin facility on proposed lot 31 is required to be upgraded, prior to release of stage 3, to improve ember protection. (prior to release of stage 3 replaces previous version prior to release of stage 2)

Note that: • Condition 7 (a -‐ f) Crown Reserve. Exact wording has continued since SF10011 (Dec

2008) and SF10125 and subsequent modifications. • Condition 68 remains as above in DS10/1138, ie prior to issue of subdivision

certificate for Stage 3.

DS12/1464

23 Nov 2012

Proponents seek to have Clauses 8, 65 and 68 deleted from Consent. Submitted 23/11/2012. Condition 8: Prior to undertaking any fencing or building works on the land, the owner of the land shall consult with the Department of Lands. Condition 65: The boundary between the subject site and the adjoining Crown Land to the south and west is to be fenced to prevent unauthorised vehicle access with an Ingal Boundary Fence or similar product and construction method. Plans of the proposed fence are to be submitted by the Subdivision Manager or delegate prior to the issue of a construction certificate. Condition 68: All conditions of development consent DA00/3333 shall be complied with prior to release of a final plan of survey and issue of a Subdivision Certificate for Stage 3. In this regard, evidence of full compliance with DA00/3333 shall be submitted.

Outcomes

Presently a 17 lot subdivision is approved.

Utilising the proposed 20m R2 (APZ) road shown on the new LEP maps it is possible for the

owner to add another 8 lots. Note that this is without seeking to have all of Lot 468 rezoned

residential.


There is a direction from DP&I that all recommendations from the SULR be incorporated

into the new SLEP.

SULR indicated that North Bendalong could possibly grow by a maximum of 18 – 20 lots

owing to its isolated situation and high fire risk characteristics.

The Lot owner, with the initial 9 lot development on Cypress St, could potentially realise a

total of 36 lots, which would more than double the original size of the village and far exceed

the SULR recommended growth for this isolated village.

Retention of E2 Zoning for Lot 468

SULR recommended E2 zoning for all land west of the current village boundaries, which

includes a portion of Lot 468.

SULR indicated that just one additional row of lots be added to the subdivision (not 2 as is

the case now) plus additional (possible) lots to the west (Lot 468).

Lot 468 has a biodiversity overlay -‐ habitat corridor -‐ and should not be developed.

Lot 468 forms part of the catchment to a perennial waterway -‐ Washerwoman's Creek.

It comprises mostly undisturbed woodland -‐ except for weeds where the sewerage dispersal

area was located.

Lot 468 slopes sharply downhill to the south west, making it impractical for an APZ for the

south western and western boundaries.

The additional assets for the subdivision represent a real danger for protection of the entire

village of North Bendalong and also increases the risk of fire to the village of Bendalong.


PART 6

KYLOR LAND MANYANA

Recommendation

That the Schedule I (Additional Permitted Use) be abbreviated for Clause 7 by deleting:

• Amusement centres

• Community facilities

• Food and Drink premises

• Function Centres

• Recreational facilities (indoor)

• Registered Clubs

Comments

Kylor Pty Ltd received land use rights pertaining to both RE2 and E3 to ‘compensate’ for the

deletion of caravan parks -‐ as per the 1985 SLEP. This outcome runs contrary to the aims for

E3 Environmental Land.

The above list of uses is available both on Kylor land and the adjacent business zone land.

Kylor has cited, as per its recent Planning Proposal (rezoning), to rezone part of the

proposed E3 zone to a residential zone, with the majority of the remainder of the proposed

E3 zone as a biodiversity offset area. These additional permitted uses are clearly

inconsistent with biodiversity protection and are not supportable across the proposed E3

area.

Recommendation

That Land zoned E3 be assigned a HOB overlay of 7.5m consistent with coastal property

building heights for the District.

Comment

Although Council assigned a HOB overly of 8.5m for the R5 land there were no limitations

prescribed for land zoned E3.


Kylor has already signalled its intention to utilize part of this land for residential purposes

along its southern boundary with a potential height of 11m.

Without some form of height limitation, this could result in residential buildings on Kylor

land abutting some existing housing on Curvers Drive, which is restricted to 7.5 m. This HOB

outcome would be inconsistent with coastal property building heights across the District.

Recommendation

That land zoned R1 be assigned a HOB overlay of 8.5m.

Comment

Currently the HOB overlay of 8.5m applies strictly to R5 land.

Kylor has lodged a Planning Proposal (rezoning) to rezone all proposed R5 and some E3 land

as R1. Currently, there is only a small segment of Kylor land zoned to become R1.

Regardless of the success or otherwise of the planning proposal, to ensure consistency

across the District the HOB overlay of 8.5m should apply to both R5 and R1 land.

Building Lines

Following the Association’s previous submission to the SLEP 2009, it was advised that the

inclusion of the 30m building lines for Kylor land – along Inyadda Drive and Curvers Drive -‐

would be a matter for the City wide DCP. We request that the building lines be

incorporated into the relevant plan.

Recommendation

Include the Goodsell grave sites, Manyana, onto Schedule 5 of the SLEP2013

Comment

The Goodsell graves sites are located on private property (Kylor Pty Ltd) on Lot 2

DP1161638.


A very brief background reveals that the Goodsells were pioneers in the District and owned

much of the land around Red Head. The area was generally referred to as Goodsell’s Farm

before being renamed Manyana. Although Jesse Goodsell (1841 -‐1924) and his wife Mary

nee Gallaway (1849 -‐1927) were not the first settlers here they were the most famous.

When Jesse Goodsell died in 1924, it was his wish that he be buried on his land, (Por 107)

now Lot 2 DP1161638, by a Lilli Pilli tree which he loved. This was not far from the original

homestead which was called “Wakefield” and the property known as “Red Hill”. Mary

Goodsell was also buried there two years later.

In 1983 Bob Goodsell, Reuben Johnson and Allan Faulks, grandsons of those early pioneers,

substantially renovated the graves and fixed an appropriate plaque there in the hope that

“this historic spot be preserved amidst the land subdivision which was bound to take place”.

(See photographs at the end of this section.)

It is reported by Allan Faulks, that:

“the Shoalhaven Council had given a commitment that the graves will be protected under

the Heritage Environment policy”. (Congenial Conjola, Alex McAndrew, 1991)

It would seem that since 1991 there has been no follow through on this undertaking and

with the advent of a new LEP it would be appropriate to amend this oversight.

There are further details available about the Goodsell family that can be made available

should further documentary evidence be needed for inclusion into SLEP Schedule 5. The

Milton Ulladulla Historical Society (Inc) has kindly offered its support for the Goodsell graves

to be noted in the new LEP.

Council Officers contacted Kylor Pty Ltd following the 2011 exhibition period and were

advised that they would not support a heritage listing.


However, Kylor has now formally approached Council with a new development proposal (EEM Submission Planning Proposal for North Manyana), part of which (p.53) states that:

“Three items of historical significance were found in the survey…

Item The Grave of Mary and Jesse Goodsell…”

The submission goes on to say that:

“In relation to the historical significance the following is recommended:

Conservation of the Goodsell grave site with a suitable open space curtilage.”

It would appear to the RHVA that Kylor is now prepared to support having the grave site

listed as a heritage item.

It is requested that this site be subject to Clause 5.10 of the draft SLEP 2013.



PART 7

CARAVAN PARKS

Recommendation

That a moratorium be placed on “caravan parks” in the Land Use Tables until such time as

DP&I redraft SEPP 21 (Caravan Parks) and SEPP36 (Manufactured Home Estates).

Comments

A particular case is well known to Council. Briefly, an application for a 75 lot permanent site

caravan park was lodged with Council under SEPP21 -‐ Caravan Parks. For all intents and

purposes the application was for a manufactured home estate containing (mobile) homes

sited on lots of similar size to those existing in zoned residential areas. Although Council

Staff and Council rejected the application, the L&EC upheld the applicant’s claim and

approved the development.

In order to control, in a strategic sense, the footprint of development for all areas

throughout the City, this case clearly shows that such controls are easily overturned leading

to unwanted urban sprawl.

Council has worked hard to support the RHVA in having this matter addressed and DoP had

undertaken to review SEPP21 and SEPP 36. DP&I letter to Council dated 19 July 2011

confirms their approach. Depending on the revised SEPPs Council will be in a far better

position to place ‘caravan parks’ to selected zones understanding that there will be,

hopefully, a clear separation for short term holiday type parks versus the long

term/permanent site parks which may include mobile homes.


PART 8

SLEP AIMS

Recommendations

That SLEP 2013 Aims be amended to those listed in the previous exhibition for Draft SLEP

2009.

Comment

Following the 2011 exhibition Council elected to change the SLEP aims to a very much

truncated version.

These new draft aims:

1. Do not reflect the importance of the SLEP document as the City’s principal planning

document.

2. Fail to identify the need to protect the environment as well as balance future

development needs.

3. Fail to link in any meaningful manner with the City Wide Growth Management

Strategy (CWGMS).

4. Fails to link to the Community Strategic Plan (CSP).

5. Ignores the need to plan for the impact of climate change.

6. Ignores requirements under the Local Government Act for councils and councillors to

have regard to ecologically sustainable development (ESD) 1.

The original aims listed in draft SLEP 2009:

1. Provided observable and measurable criteria.

2. Embraced sustainable development.

3. Strongly related to environmental protection responsibilities.

4. Generally linked to the CWGMS and the CSP.

5. Recognised the impact of climate change.

1 Australia's National Strategy for Ecologically Sustainable Development (1992) defines ESD as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'.

Documents

sub130510 SLEP 2013 RHVA - WordPress.com › 2013 › 05 › ... · 2013-05-10 · RedHeadVillages!Association–!SLEP2013Submission!!L!10May!2013! ! Although!there!is!no!definition!for!tavern!in!the!SLEP!Dictionary!the!use!‘Pub’!is!defined!as