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GTCC Planning Proposal LEP Amendments 2015-16 December 2015 Page 1 of 50 Version 1 S671/03 Amendments to the Greater Taree Local Environmental Plan 2010 Package 4 December 2015

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Page 1: Amendments to the Greater Taree Local Environmental Plan 2010 · Currently bulky goods premises are permitted in the Local Centre (B2), Commercial Core (B3), Mixed Use (B4), Business

GTCC Planning Proposal – LEP Amendments 2015-16

December 2015 Page 1 of 50

Version 1 S671/03

Amendments to the Greater Taree Local Environmental Plan 2010

Package 4

December 2015

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If on reading this study you have any questions or require additional information, please contact Sue Calvin or Angela Tinlin at Greater Taree City Council on (02) 6592 5399

Cover – aerial of Taree including the central business district and Martin Bridge

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Table of contents

1.0 INTRODUCTION ............................................................................................................... 5

2.0 OBJECTIVES AND OUTCOMES .................................................................................... 5

3.0 EXPLANATION OF PROVISIONS ................................................................................... 6

3.1 General amendments: ...................................................................................................... 6 3.1.1 Essential Services ....................................................................................................................... 6

3.1.2 Events Permitted Without Development Consent .................................................................... 6

3.1.3 Boundary Adjustments .............................................................................................................. 6

3.1.4 Coastal Protection Works .......................................................................................................... 6

3.1.5 Zone Objective Changes ............................................................................................................ 6

3.1.6 Dual Occupancies (detached) on rural land .............................................................................. 7

3.1.7 Primary Production (RU1) zone changes ................................................................................... 7

3.1.8 Enabling a kiosk and take away food and drink premises in the Enterprise Corridor (B6) zone7

3.1.9 Bulky Goods in Light Industry (IN2) ........................................................................................... 8

3.1.10 Rural Industries in Light Industry (IN2) ...................................................................................... 8

3.1.11 Function Centre in Public Recreation (RE1) ............................................................................... 8

3.1.12 Heritage Conservation Area Floor Space Ratio ......................................................................... 8

3.1.13 Community title subdivision for seniors/accessible housing or eco-tourist facility .................. 9

3.2 Site specific amendments: ................................................................................................ 9

3.3 Summary ........................................................................................................................ 12

4.0 JUSTIFICATION ............................................................................................................ 12

4.1 Need for the planning proposal ....................................................................................... 12 4.1.1 Is the planning proposal a result of any strategic study/report? ............................................ 12

4.2 Relationship to strategic planning framework .................................................................. 12 4.2.1 Is the planning proposal consistent with the applicable regional strategy? ........................... 12

4.2.2 Is the planning proposal consistent with Council’s Community Strategic Plan? ..................... 14

4.2.3 Is the planning proposal consistent with state environmental planning policies? ................. 15

4.2.4 Is the planning proposal consistent with Ministerial Directions (s.117 directions)? .............. 17

4.3 Environmental, social and economic impacts .................................................................. 21 4.3.1 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? ........................ 21

4.3.2 Are there any other likely environmental effects as a result of the planning proposal and how

are they proposed to be managed? ........................................................................................................ 21

4.3.3 How has the planning proposal adequately addressed any social/economic effects? ........... 21

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4.4 State and Commonwealth interests ................................................................................ 21 4.4.1 Is there adequate public infrastructure for the planning proposal? ....................................... 21

4.4.2 What are the views of State and Commonwealth public authorities consulted in accordance

with the gateway determination? ........................................................................................................... 22

5.0 MAPPING ...................................................................................................................... 22

6.0 COMMUNITY CONSULTATION .................................................................................... 22

ATTACHMENT 1- GENERAL AMENDMENTS ............................................................................ 23

ATTACHMENT 2- SITE SPECIFIC AMENDMENTS .................................................................... 34

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1.0 Introduction In June 2010 the Greater Taree Local Environmental Plan (LEP 2010) was made. This planning proposal is the fourth package of administrative amendments being undertaken to improve the application of LEP 2010. This planning proposal details the proposed amendments and provides justification for these changes.

The amendments cover a range of issues that have been grouped as outlined below:

general amendments to zones or subdivision provisions to improve the application of LEP

2010

site specific amendments generally involving zone changes to better reflect the current use

of the land.

The proposed amendments were developed from:

a review of a number of NSW LEPs

a register of amendments that has been added to as issues have been raised

internal workshops with Council officers involved in the implementation of LEP 2010

the community who have identified inconsistencies between the LEP provisions and the intended use of the land

Each of these amendments are addressed in detail in this planning proposal.

The planning proposal is a ‘living’ document that can change as the process progresses. For example submissions from the community or State departments can result in changes to the planning proposal. Also, as each step outlined below is completed the planning proposal is updated.

The steps involved, expected timeline and status are shown below.

Assess proposed amendments

(Mar-Nov 2015)

Report to Council

(Dec 2015)

Gateway determination (State)

(Jan-Feb 2016)

Community consultation

(Feb-Mar 2016)

Council consider submissions

(Apr 2016)

Finalise amendments

(May-June 2016)

2.0 Objectives and outcomes The key objective of this planning proposal is to improve the application of the LEP 2010, by:

providing clear and succinct planning provisions

ensuring consistency of zones in terms of surrounding and existing land-uses

ensuring the provisions are up-to-date and relevant.

The overall outcome of the proposed amendments will be a more robust LEP that better reflects the intended use of land in the Greater Taree City LGA.

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3.0 Explanation of provisions The amendments outlined in this planning proposal include both site specific amendments and changes to the general provisions. Details on each group of amendments are provided below.

3.1 General amendments:

The changes proposed to LEP 2010 that are outlined below, will apply to the whole local government area. All of these changes are consistent with the standard instrument (the template for all Local Environmental Plans in NSW). The details and specific amendments are included in Attachment 1 – General Amendments.

3.1.1 Essential Services

The aim is to include a Local Provision called Essential Services into LEP 2010. This clause ensures that development has adequate services and is a common provision throughout NSW LEPs.

3.1.2 Events Permitted Without Development Consent

Currently clause 2.8 of the LEP 2010 requires development consent for the temporary use of land. As a result, any market or event on parks or roads needs to apply for a number of approvals. The aim of this amendment is to streamline this approval process.

A number of councils in NSW have adopted a clause that allows the temporary use of public reserves and roads for exhibitions, meetings, concerts or events. Event applications, currently considered by Council, ensure that all aspects of the event have been considered.

3.1.3 Boundary Adjustments

Currently there is no allowance for boundary adjustments to rural and environmental properties. Council frequently receives requests for boundary adjustments for a range of reasons including improving viability of agricultural lots, access, and accounting for natural features such as creeks and steep land. A clause has already been adopted by a number of NSW rural councils and this clause will be included in the LEP 2010 to enable minor boundary changes to occur when the lots are below the minimum lot size.

3.1.4 Coastal Protection Works

During the development of the Coastal Zone Management Plan (CZMP) it was identified that the LEP 2010 prohibits coastal protection works in zones that adjoin coastal beaches. It is therefore proposed to amend the LEP to enable these works to be permitted with consent in the following zones: Environmental Conservation (E2), Environmental Management (E3), Environmental Living (E4), General Residential (R1), Public Recreation (RE1), Private Recreation (RE2), Primary Production (RU1), Village (RU5) and Tourist (SP3). Coastal Protection Works are proposed to be permitted without consent in the Public Recreation (RE1) zone given these lands are in public ownership and works can be appropriately managed.

3.1.5 Zone Objective Changes

During a comparative review of LEP’s across the State, it has become clear that some improvements could be made to the zone objectives to more accurately reflect the intended use of land in Greater Taree.

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This amendment includes the addition of objectives for the following zones: Primary Production (RU1), Village (RU5) and Local Centre (B2). The amendment also aims to remove an objective from the Enterprise Corridor (B6) zone (NB. not Standard Template objective).

3.1.6 Dual Occupancies (detached) on rural land

Currently dual occupancies (attached) are permitted with consent in the Primary Production (RU1) zone. Given these buildings are attached, the resultant built form can be very large buildings that are not in keeping with the rural nature of the zone. A review of the LEPs in NSW, identified that a clause to enable dual occupancies to be detached has been applied. It is proposed to include this clause in LEP 2010.

A minor amendment has been made to this clause to remove the requirement that each dwelling is to use the same driveway and be located within 100m of each other. This change is proposed to ensure adequate visual separation to maintain the rural landscape character of the land.

In conjunction with this amendment, rural workers’ dwelling will be removed as a use permitted with consent in the Primary Production (RU1) zone.

3.1.7 Primary Production (RU1) zone changes

Recently we have received a number of development enquiries where uses have been prohibited, but seem logical to be undertaken in the Primary Production zone. We undertook a review of the uses permitted with consent, including an assessment of what has been undertaken in a number of regional councils. While our Primary Production zone covers 66% of our council area, the zone was found to be very restrictive. Many of the uses prohibited currently exist in the Primary Production zone, being approved under the previous LEP 1995.

The following uses are proposed to be included as permitted with consent in the zone including: boat launching ramps, boat sheds, camping grounds, charter and tourism boating facilities, community facilities, depots, educational establishments, function centres, industrial training facilities, information and education facilities, jetties, marinas, markets, mooring pens, moorings, plant nurseries, public administration, recreation areas, recreation facilities (major), recreation facilities (outdoor), registered clubs, restaurants or cafes, sewerage systems, timber yards, veterinary hospitals, waste or resource management facilities, water recreation structures, water supply system and wharf or boating facilities. The development assessment process will ensure that the suitability of each use is considered.

In addition to this it is proposed to prohibit funeral homes as they are typically located within urban areas and permit water storage facilities without consent.

3.1.8 Enabling a kiosk and take away food and drink premises in the Enterprise Corridor (B6) zone

Enquiries have been received regarding the possibility of providing venues for the sale of food, light refreshments and other small convenience items to local workers in the Enterprise Corridor (B6) zone. Currently a kiosk and take away food and drink premises are prohibited uses in the Enterprise Corridor zone.

Some of these locations are located a distance from existing centres and have no access to food outlets. This means workers requiring lunch have to travel a distance to access a food outlet. Other areas in the Enterprise Corridor zone are close to centres which adequately service the needs of the workers.

A kiosk and take away food and drink premises are considered compatible uses in an Enterprise Corridor zone to service the workers in the area.

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3.1.9 Bulky Goods in Light Industry (IN2)

Currently bulky goods premises are permitted in the Local Centre (B2), Commercial Core (B3), Mixed Use (B4), Business Development (B5) and Enterprise Corridor (B6) zones. Prior to LEP 2010 (under LEP 1995), this use was permitted with consent in any zone as the LEP was a merit based plan. Typically bulky goods premises are located in the industrial zones due to the large lot size required. Also, we have a large amount of Light Industrial zoned land close to the Taree town centre which was developed as bulky good premises given the proximity to other commercial activities.

While some clustering occurred around Mill Close, Taree (which was included in the Business Development zone) other sites were dispersed throughout the Light Industrial zoned land. This has caused a number of problems when extensions are needed or the business closed, leaving a purpose-built building for bulky goods premises vacant. We have had numerous occasions where bulky goods premises have wanted to utilise an existing vacant building in the Light Industrial zone only to find the use is prohibited.

Given the economic climate in our region, businesses often do not have the capital to build a new premise in the Business Development zone and would prefer to lease or purchase an existing building. We believe that this is a regional problem, which is demonstrated by the councils that have been allowed to have bulky goods premises permitted with consent in the Light Industrial (IN2) zone, being: Byron Shire, Cootamundra Shire, Lismore City, Palerang, Shellharbour City, Parkes Shire, Shoalhaven City, Great Lakes, Queanbeyan City and Upper Hunter.

A consistent approach should be applied enabling this change to the LEP.

3.1.10 Rural Industries in Light Industry (IN2)

Currently rural industries are both a permitted with consent and a prohibited use in the Light Industrial (IN2) zone. It is proposed to clearly show rural industries as an appropriate use in this zone. It is also to be included in the General Industrial (IN1) zone as permitted with consent.

3.1.11 Function Centre in Public Recreation (RE1)

In 2014 Council reviewed the uses permitted with consent in the Public Recreation zone to better reflect the types of uses that currently exist in our parks and what we intend to have in the future. Since this amendment, we have identified that function centres should also be a permitted with consent use in both the Public (RE1) and Private (RE2) Recreational zones. Function centres are a common feature in the recreation zones associated with sporting clubs (e.g. golf course, leagues clubs). The development application would ensure any potential impacts from the use are addressed.

3.1.12 Heritage Conservation Area Floor Space Ratio

A recent review of our heritage provisions identified that the floor space ratio that applies to land in a Heritage Conservation Area is 0.45, which is less than that applied to surrounding residential (0.6) and business (0.8+) uses outside the Heritage Conservation Area.

Heritage Conservation Areas identify that there are heritage values that need to be considered when developing a site, but should not limit the floor space ratio to that below what is typically expected in the zone. It is intended that the floor space ratio be amended to be consistent to the floor space applied to the relevant zone.

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3.1.13 Community title subdivision for seniors/accessible housing or eco-tourist facility

The State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 enables seniors and accessible housing in the Primary Production (RU1), Primary Production Small Lots (RU4), Large Lot Residential (R5), Environmental Conservation (E2), Environmental Management (E3) zones as permitted with consent. LEP 2010 permits an eco-tourist facility in rural and environmental zones. Community title subdivisions must use the minimum lot size applicable to each zone, effectively negating this use in these zones. This provision will enable the above types of development to be subdivided under community title to be less than the minimum lot size of the zone.

3.2 Site specific amendments:

Seventeen sites were identified which warranted amending as they met the following criteria:

there was inconsistency with surrounding uses and the use was well established on the site (e.g. buildings, parking, driveways)

no additional technical studies were required to justify the change to the zone (e.g. economic and traffic reports).

Table 1 provides a summary of each site specific change, which is explained in detail in Attachment 2 – Site Specific Amendments. The location of each of these sites is shown in Figure 1- Site Specific Amendments.

Table 1 - Summary of site specific amendments

ID Site Property Description Existing LEP 2010 Provision

Proposed LEP change

A Lot 98 Ph Cooplacurripa, Cooplacurripa

Lot 98 DP 753690 Forestry (RU3) Change to National Parks and Reserves (E1) to reflect the change in ownership of the site.

B Johns River Rd, Johns River

Lot 85 DP 1109105, Lot 283 DP 879623, Lot 284 DP 879623 and Lot 1 DP 308795

Primary Production (RU1)

Change indicated part of lots to Village (RU5) zone.

C Coopernook Village

Lot 119 DP 260733, Lot 127 DP 812015, Lot 25 and 24 DP 829139, Lot 17 and 16 DP 713690, Lot 17, 26, 30, 35 and 36 DP 4865

Primary Production (RU1) and Village (RU5)

To include the remaining area of the Coopernook village zoned Primary Production (RU1) in the Village (RU5) zone.

D

586 Lansdowne Rd, Kundle Kundle

Lot 21 DP 168022 Primary Production (RU1)

Change the portion of the site currently used for industry to General Industry (IN1) zone and change the remainder of the lot to Environmental Conservation (E2).

E 3 Bahanas Cl, Wingham

Lot 20 DP 264239 General Residential (R1)

Change the classification of the land from Community to Operational. The lot will remain in the same zone.

F 74 Longworths Rd, Harrington

Lot 2 DP 1198908

Environmental Conservation (E2), Primary Production (RU1), Recreational Waterways (W2)

Adjust the zone boundary to align with the cadastral property boundary.

G 102 Industrial Rd, Harrington

Lot 218 DP 754415, Lot 193 DP 754415 and

National Parks and Nature Reserves

Change to Environmental Conservation (E2) to reflect the private ownership of the land.

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ID Site Property Description Existing LEP 2010 Provision

Proposed LEP change

Lot 2 DP 510738 (E1) and Primary Production (RU1)

H 2 Pilot St, Harrington

Lot 22 DP 758502 Public Recreation (RE1)

Change to Neighbourhood Centre (B1) to reflect the ownership of the lot.

I Bushland Dr, Taree

Lot 2 DP577979 and Lot 1 DP 944585

Infrastructure (SP2) – Public Utility Undertaking and General Residential (R1)

Change Lot 2 DP 577979 to Light Industrial (IN2) and Lot 1 DP 944585 from Infrastructure (SP3) to Environmental Conservation (E2) and the remaining area (currently General Residential (R1)) will be changed to Light Industrial (IN2).

J River St, Cundletown

Lot 1 DP 1136052 General Residential (R1)

To include this lot on the Land Acquisition Layer map

K 11-29 Beeton Pde, Taree

Lot 100 DP 1195087

Light Industrial (IN2), Private Recreation (RE2) and Public Recreation (RE1)

Change the Public Recreation (RE1) portion of the site to Private recreation (RE2) to reflect the private ownership of the site.

L 35 John Hall Dr, Taree

Lot 89 DP 1078645 General Residential (R1)

Change the classification of the land from Community to Operational.

M 16 Hayes Ln, Taree

Lot 140 DP 611673 Heritage Item Correct the property description for this item.

N

394 Diamond Beach Rd, Diamond Beach

Lot 14 DP 576414 Primary Production (RU1)

Change to a combination of Tourist (SP3) and Environmental Conservation (E2) to reflect the current use of the site as well as the potential hazards.

O The Knoll, Tallwoods Village

Lot 33,34,35 and 36 DP 879612

General Residential (R1) and Private Recreation (RE2)

Change these lots to remove the Private Recreation (RE2) zone and replace with General Residential (R1).

P 25 Myalup Crt, Red Head

Lot 706 DP 1169554 Public Recreation (RE1) and General Residential (R1)

Adjust the Public Recreation (RE1) and the General Residential (R1) zones on this lot.

Q High St, Black Head

Lot 213 DP 1098493

Public Recreation (RE1), General Residential (R1) and Primary Production (RU1).

Change the current Public Recreation (RE1) zone land to General Residential (R1).

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3.3 Summary

The proposed amendments cover a wide range of planning issues. For ease of reference, a summary of all of the proposed amendments to LEP 2010 is provided in Attachments 1 and 2.

4.0 Justification

4.1 Need for the planning proposal

The following justifies the need for the planning proposal.

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

The proposed amendments were developed from:

a review of NSW LEPs

a register of amendments that has been added to as issues have been raised by both the community and Council officers

internal workshops with Council officers involved in the implementation of LEP 2010

the community who have identified inconsistencies between LEP 2010 and the intended use of the land.

4.1.2 Is the planning proposal the best means of achieving the objectives/outcomes?

Many of the amendments arose when implementing the standard instrument - LEP 2010. It is typical that minor implementation issues arise when a new planning instrument is adopted. They are often referred to as administrative amendments as they sort out any minor implementation issues. As such, the planning proposal approach is the appropriate means to achieve the desired objectives.

4.2 Relationship to strategic planning framework

The following demonstrates how the planning proposal is consistent with relevant planning legislation, policies and guidelines.

4.2.1 Is the planning proposal consistent with the applicable regional strategy?

Given the proposed LEP 2010 amendments are of a minor nature, there are no conflicts with the regional strategy.

Assessment against actions in the Mid North Coast Regional Strategy 2006-31 is provided in Table 2.

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Table 2 - Assessment of planning proposal with regard to the Mid North Coast Regional Strategy (MNCRS) 2006-2031

Relevant MNCRS Sustainability Criteria

Comments

1. Infrastructure Provision Mechanisms in place to ensure utilities, transport, open space and communication are provided in a timely and efficient way

Many of the amendments reflect the existing use of the site or would enable minor redevelopment. As such it is expected that there will be minimal impact on the existing infrastructure. Inclusion of the Essential Services provision (Section 3.1.1) will ensure that development has adequate services.

2. Access Accessible transport options for efficient and sustainable travel between homes, jobs, services and recreation to be existing or provided

Many of the amendments reflect the existing use of the site or would enable minor redevelopment. As such it is expected that there will be minimal impact on the existing transport network.

3. Housing Diversity Provide a range of housing choices to ensure a broad population can be housed

The amendments involving residential land are very minor as outlined below:

there are two open space sites which have the potential to be developed for residential purposes within existing neighbourhoods

expansion of the residential zone over an existing drainage reserve is proposed to recognise the private ownership of the land

expansion of the village zone over existing houses that currently form part of the Coopernook and Johns River villages

enabling smaller lot sizes for a Community Title Subdivision for seniors/accessible housing and an eco-tourist facility will provide greater housing choice.

4. Employment Lands Provide regional/local employment opportunities to support the Mid North Coast’s expanding role in the wider regional and NSW economies

Changes to the employment lands aim to recognise the existing use of the land as outlined below:

Bulky goods premises are proposed to be permitted with consent in the Light Industrial (IN2) zone. This use was permitted with consent in LEP 1995 which has resulted in a number of purpose built buildings. Given much of the Light Industrial zone is located close to the town centre it is considered appropriate to enable these buildings to continue to be used for this purpose.

2 Pilot St, Harrington where the land was incorrectly zoned

202 Bushland Dr, Taree to reflect the previous railway use of the land

586 Lansdowne Rd, Kundle Kundle to reflect the industrial use of the land for over 30 years.

5. Avoidance of Risk Land use conflicts, and risk to human health and life, avoided

Many of the amendments reflect the existing use of the site and are proposed to clearly show the intent of the land and minimise land use conflict.

The following industrial sites are separated from residential development through the use of a vegetation buffer that is to be retained in the Environmental Conservation (E2) zone:

202 Bushland Dr, Taree

586 Lansdowne Rd, Kundle Kundle

The Environmental Conservation (E2) zone will also be applied to 394 Diamond Beach Rd, Diamond Beach where the site is subject to coastal hazards.

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Where land adjoins coastal beaches, coastal protection works are to be permitted without consent in the Public Recreation (RE1) zone and permitted with consent in all other applicable zones. These works are required to minimise the impacts of coastal erosion.

6. Natural Resources Natural resource limits not exceeded/ environmental footprint minimised

Many of the amendments reflect the existing use of the site and are not expected to impact on the natural resources of the site.

7. Environmental Protection Protect and enhance biodiversity, air quality, heritage, and waterway health

The following zone amendments are proposed to reflect the environmental values of the property:

Lot 98 Ph Cooplacurripa, Cooplacurripa

Lot 102 Industrial Rd and Lot 193 Glacken St, Harrington

202 Bushland Dr, Taree

394 Diamond Beach Rd, Diamond Beach

586 Lansdowne Rd, Kundle Kundle

8. Quality and Equity in Services Quality health, education, legal, recreational, cultural and community development and other government services are accessible

Many of the amendments reflect the existing use of the site or would enable minor redevelopment.

4.2.2 Is the planning proposal consistent with Council’s Community Strategic Plan? The planning proposal was assessed against the Manning Valley Community Plan 2010-2030 and was considered consistent with a number of strategies as shown in Table 3.

Table 3 - Assessment of the planning proposal with the Manning Valley Community Plan

Community Plan Strategy

Amendments

Maintain a strategic land-use planning framework that will establish a clear balance between development and conservation, and accommodate economic investment and lifestyle change demands

Given the amendments are of a minor nature and are ‘fine tuning’ the LEP, they are consistent with this strategy. Many of the general amendments have been identified through a review of NSW LEPs and will resolve a number of issues that arose from the adoption of the standard LEP in 2010 and will improve the efficiency of the plan. The site specific amendments aim to change the zone or requirements of a site based on their current use and having consideration of environmental, economic and social values.

Ensure adequate provision of appropriately zoned land that is suitable for the needs of all economic sectors of the local community

Changes to the employment lands aim to recognise the existing use of the land as outlined below:

Bulky goods premises are proposed to be permitted with consent in the Light Industrial (IN2) zone. This use was permitted with consent in LEP 1995, which has resulted in a number of purpose built buildings. Given much of the Light Industrial zone is located close to the town centre it is considered appropriate to enable these buildings to continue to be used for this purpose.

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Community Plan Strategy

Amendments

2 Pilot St, Harrington where the land was incorrectly zoned.

202 Bushland Dr, Taree to reflect the previous railway use of the land.

586 Lansdowne Rd, Kundle Kundle to reflect the industrial use of the land for over 30 years.

Housing - ensure a wide choice of housing style and locations, with consideration of accessibility, adaptability and affordability

Many of the residential amendments reflect the existing use of the site or would enable minor redevelopment in existing neighbourhoods. Enabling smaller lot sizes for a Community Title Subdivision for seniors/ accessible housing will provide greater flexibility for development.

Heritage - ensure that our heritage is valued, preserved, conserved and interpreted

The proposed change to the floor space ratio in the Heritage Conservation Areas is required to ensure development is consistent with development that lies outside of the conservation area, while maintaining the heritage values of the site.

Maintain and enhance biodiversity, in accordance with the principles of ecologically sustainable development

Environmental zone amendments are proposed to reflect the environmental values of the property at:

Lot 98 Ph Cooplacurripa, Cooplacurripa

Lot 102 Industrial Rd and Lot 193 Glacken St, Harrington

202 Bushland Dr, Taree

394 Diamond Beach Rd, Diamond Beach

586 Lansdowne Rd, Kundle Kundle

4.2.3 Is the planning proposal consistent with state environmental planning policies? The following table identifies the relevant state environmental planning policies (SEPPs) that apply to this planning proposal. Table 5 - Assessment of state environmental planning policies

SEPP Comment

SEPP 14 - Coastal Wetlands

The following sites contain coastal wetlands and involve minor zone changes:

74 Longworths Rd, Harrington to reflect minor changes in the cadastre 102 Industrial Rd and Lot 193 Glacken St, Harrington to reflect the private ownership

of the land, and part of the site is to be included in the Environmental Conservation (E2) zone.

These changes in zoning will further protect these coastal wetlands and are consistent with the SEPP.

SEPP 71 - Coastal Protection

This policy aims to ensure a consistent and strategic approach to coastal planning and management. There are a number of sites which are subject to this SEPP:

394 Diamond Beach Rd, Diamond Beach

2 Pilot St, Harrington

74 Longworths Rd, Harrington

102 Industrial Rd and 193 Glacken St, Harrington

The proposed zone changes over these sites are aimed at either fixing a minor zoning issue or the land is subject to coastal hazards. Any additional development will involve a development application in which the coastal protection provisions will be considered.

Coastal protection works are to be permitted without consent in the Public Recreation (RE1) zone and permitted with consent in all other applicable zones where land adjoins coastal beaches. These works are required to minimise the impacts of coastal erosion.

The planning proposal is considered to be consistent with the SEPP.

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SEPP Comment

SEPP (Rural Lands) 2008

The policy aims to facilitate the orderly and economic use of rural lands. There are three locations where the zone is being changed to reflect the current use being villages and industrial as outlined below:

West St, Coopernook

Johns River Rd, Johns River

586 Lansdowne Rd, Kundle Kundle

The general amendments propose changes to rural lands to enable:

minor boundary adjustments

coastal protection works

a more refined zone objective

detached dual occupancies

a range of additional uses in the Primary Production (RU1) zone

community title subdivision where a seniors/accessible housing development or an eco-tourist facility are permitted under an existing development consent

The changes are of a minor nature and are considered to be consistent with the intent of the SEPP.

The following state environmental planning policies in Table 6 are not applicable. Table 6 - State environmental planning policies that are not applicable

State environmental planning policies

1. Development Standards

15. Rural Land-Sharing Communities

19. Bushland in Urban Areas

21. Caravan Parks

26. Littoral Rainforests

29. Western Sydney Recreation Area

30. Intensive Agriculture

32. Urban Consolidation (Redevelopment of Urban land)

33. Hazardous/Offensive Development Complex

36. Manufactured Home Estates

39. Spit Island Bird Habitat

44. Koala Protection

47. Moore Park Showground

50. Canal Estates

52. Farm Dams and other works in Land and water Management plan areas

55. Remediation of Land

59. Central Western Sydney Regional Open Space and Residential

62. Sustainable Aquaculture

64. Advertising and Signage

65. Design Quality of Residential Flat Buildings

70. Affordable Housing (Revised Schemes)

SEPP (Affordable Rental Housing) 2009

SEPP (Building Sustainability Index: BASIX 2004)

SEPP (Exempt and Complying Development Codes) 2008

SEPP (Housing for Seniors or People with a Disability) 2004

SEPP (Infrastructure) 2007

SEPP (Kosciuszko National Park- Alpine Resorts) 2007

SEPP (Kurnell Peninsula) 1989

SEPP (Major Development) 2005

SEPP (Mining, Petroleum Production and Extractive Industries) 2007

SEPP (Miscellaneous Consent Provisions) 2007

SEPP (Penrith Lakes Scheme) 1989

SEPP (SEPP 53 Transitional Provisions) 2011

SEPP (State and Regional Development) 2011

SEPP (Sydney Drinking Water Catchment) 2011

SEPP (Sydney Region Growth Centres) 2006

SEPP (Three Ports) 2013

SEPP (Urban Renewal) 2010

SEPP (Western Sydney Employment Area) 2009

SEPP (Western Sydney Parklands) 2009

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4.2.4 Is the planning proposal consistent with Ministerial Directions (s.117 directions)? Table 7 provides an assessment of the planning proposal against the Ministerial Directions.

Table 7 - Assessment of Ministerial Directions

Direction Comment

Employment and Resources

1.1 Business and Industrial zones

Changes to the employment lands aim to recognise the existing use of the land as outlined below:

Bulky goods premises are proposed to be permitted with consent in the Light Industrial (IN2) zone. This use was permitted with consent in LEP 1995 which has resulted in a number of purpose built buildings. Given much of the Light Industrial zone is located close to the town centre it is considered appropriate to enable these buildings to continue to be used for this purpose.

2 Pilot St, Harrington where the land was incorrectly zoned

202 Bushland Dr, Taree to reflect the previous railway use of the land

586 Lansdowne Rd, Kundle Kundle to reflect the industrial use of the land for over 30 years.

The proposed amendments are minor and are consistent with this direction.

1.2 Rural zones There are three locations where the Primary Production (RU1) zone is being changed to reflect the current use being villages and industrial as outlined below:

West St, Coopernook

Johns River Rd, Johns River

586 Lansdowne Rd, Kundle Kundle

The general amendments propose changes to rural lands to enable:

minor boundary adjustments to improved the operation of the site

coastal protection works where adjoining coastal beaches

a more refined zone objective

detached dual occupancies to maintain the rural character

a range of additional uses in the Primary Production (RU1) zone that are consistent with uses that currently operate within the zone (approved under LEP 1995) and are permitted in other regional LEPs.

community title subdivision where a seniors housing development or an eco-tourist facility are permitted under an existing development consent

The changes are of a minor nature and are consistent with the intent of this direction.

1.3 Mining, Petroleum Production & Extractive Industries

Not applicable.

1.4 Oyster Aquaculture Not applicable.

1.5 Rural Lands The changes to rural lands are outlined under direction 1.2 and the changes to Environmental zones are outlined under direction 2.1.

Assessment against the Rural Planning Principles are provided below in Table 8. Based on this assessment, the changes are of a minor nature and are consistent with the intent of this direction.

Environment and Heritage

2.1 Environmental Protection zones

A range of zone amendments are proposed to reflect the environmental values of the property:

Lot 98 Ph Cooplacurripa, Cooplacurripa

Lot 102 Industrial Rd and Lot 193 Glacken St, Harrington

202 Bushland Dr Taree

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Direction Comment

394 Diamond Beach Rd, Diamond Beach

586 Lansdowne Rd, Kundle Kundle

The changes are of a minor nature and are consistent with the intent of this direction.

2.2 Coastal Protection Coastal protection works are to be permitted without consent in the Public Recreation (RE1) zone and permitted with consent in all other applicable zones where land adjoins coastal beaches. These works are required to minimise the impacts of coastal erosion.

The Environmental Conservation (E2) zone will also be applied to 394 Diamond Beach Rd, Diamond Beach where the site is subject to coastal hazards.

The changes are of a minor nature and are consistent with the NSW Coastal Policy, Coastal Zone Design Guidelines 2003 and NSW Coastline Management Manual 1990.

2.3 Heritage Conservation

There are a number of heritage issues addressed in this planning proposal

an amendment aims to correct the property details of a listed site

it is proposed to change the floor space ratio in the Heritage Conservation Areas to ensure development is consistent with that which lies outside of the conservation area, while maintaining the heritage values of the site

The heritage amendments are consistent with this direction.

2.4 Recreation Vehicle Areas

Not applicable.

Housing, Infrastructure and Urban Development

3.1 Residential zones Many of the residential amendments reflect the existing use of the site or enable minor redevelopment in existing neighbourhoods.

Enabling smaller lot sizes for a Community Title Subdivision for seniors/accessible housing will provide greater housing choice.

The changes are of a minor nature and are consistent with the intent of this direction.

3.2 Caravan/Man. Home Parks

Not applicable.

3.3 Home Occupations Not applicable.

3.4 Integrating Land Use and Transport

Many of the amendments reflect the existing use of the site or would enable minor redevelopment. As such the amendments are considered to be of minor significance and are consistent with the intent of this direction.

3.5 Development near licensed aerodromes

Not applicable.

3.6 Shooting ranges Not applicable.

Hazard and Risk

4.1 Acid Sulphate Soils The following sites are subject to ASS:

West St, Coopernook

102 Industrial Rd and Lot 193 Glacken St, Harrington

394 Diamond Beach Rd, Diamond Beach

3 Bahanas Cl, Wingham

35 John Hall Dr, Taree

11-29 Beeton Pde, Taree

Lot 213 High St, Black Head

74 Longworths Rd, Harrington

2 Pilot St, Harrington

Lot 1 River St, Cundletown

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Direction Comment

16 Hayes Ln, Taree

The proposed zone changes either reflect the existing uses on the site, the values of the land or amend a minor zone error. If any future development is to occur the development assessment process will address any ASS issues. As such the amendments are minor and consistent with this direction.

4.2 Mine Subsidence and Unstable Land

Not applicable.

4.3 Flood Prone Land There are a number of sites which are subject to flooding listed below:

West St, Coopernook

102 Industrial Rd and Lot 193 Glacken St, Harrington

586 Lansdowne Rd, Kundle Kundle

3 Bahanas Cl, Wingham

35 John Hall Dr, Taree

11-29 Beeton Pde, Taree

74 Longworths Rd, Harrington

Lot 1 River St, Cundletown

16 Hayes Ln, Taree

The proposed zone changes either reflect the existing uses on the site, the values of the land or amend a minor zone error. Any future development of these sites would require a development approval which would address any flood constraints.

The amendments are minor and consistent with the intent of this direction.

4.4 Bushfire Protection There are nine sites which are mapped bushfire protection listed below:

Lot 98 Ph Cooplacurripa, Cooplacurripa

11-29 Beeton Pde, Taree

24-30 Johns River Rd, Johns River

102 Industrial Rd and Lot 193 Glacken St, Harrington

586 Lansdowne Rd, Kundle Kundle

202 Bushland Dr, Taree

394 Diamond Beach Rd, Diamond Beach

Lot 213 High St, Black Head

74 Longworths Rd, Harrington

The proposed zone changes either reflect the existing uses on the site, the values of the land or amend a minor zone error. Any future development of these sites would require a development approval which would address any flood constraints.

The amendments are minor and consistent with the intent of this direction.

Regional Planning

5.1 Implementation of Regional Strategies

As mentioned in Table 3, the planning proposal is consistent with the Mid North Coast Regional Strategy 2006-2031.

5.2 Sydney Drinking Water Catchments

Not applicable.

5.3 Farmland State/ Reg. Significance on the Far North Coast

Not applicable.

5.4 Commercial/ Retail Development Pacific Hwy, North Coast.

Not applicable.

5.8 Second Sydney Airport: Badgerys Creek

Not applicable.

5.9 North West Rail Link Corridor Strategy

Not applicable.

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Direction Comment

Local Plan Making

6.1 Approval and Referral Requirements

Not applicable.

6.2 Reserving Land for Public Purposes

The following changes to the Public Recreation (RE1) zone aim to reflect the ownership of the land. All sites are in private ownership, and Council has no intention to purchase in the future. The proposal is to include these sites in the appropriate zone:

2 Pilot St, Harrington

11-29 Beeton Pde, Taree

Lot 213 High St, Black Head

It is proposed to reduce the area of land included in the Public Recreation (RE1) zone at 25 Myalup Crt, Red Head as the purpose of the land has changed to a driveway access to a pedestrian access. This land is yet to be dedicated to Council.

There are three sites within our open space network that are not intended to be used as parks. It is proposed to undertake public hearings with the local communities to be classified as operational.

It is proposed that 1 River St, Cundletown be included on the Land Reservation Acquisition Map to clearly indicate that the site forms part of the Cundletown Bypass. It appears that this site was omitted from the map given it was already purchased by RMS.

The amendments are minor and consistent with the intent of this direction.

6.3 Site Specific Provisions

Not applicable.

Metropolitan Planning

7.1 Implementation of Sydney 2036

Not applicable.

Table 8- Assessment of the Rural Planning Principles Rural Planning Principles Response

(a) the promotion and protection of opportunities for current and potential productive and sustainable economic activities in rural areas,

Changes to the objectives of the zone reinforce the importance of minimising the fragmentation of rural land.

The inclusion of additional uses within the Primary Production (RU1) zone will enable a range of supporting uses.

(b) recognition of the importance of rural lands and agriculture and the changing nature of agriculture and of trends, demands and issues in agriculture in the area, region or State,

Enabling detached dual occupancies will ensure this type of development does not impact on the rural character of the land. Boundary adjustments will provide lots suitable to undertake rural and environmental activities.

(c) recognition of the significance of rural land uses to the State and rural communities, including the social and economic benefits of rural land use and development,

The proposed zone changes to exclude land from the Primary Production (RU1) zone is only undertaken where there is an existing lawfully established use. As a result it is considered that there is no net loss of land used for agricultural purposes.

(d) in planning for rural lands, to balance the social, economic and environmental interests of the community,

A review of uses permitted within the Primary Production (RU1) zone identified that our LEP was restrictive compared to other regional LEPs. This can limit the economic, social and environmental outcomes achieved in this zone. As a result, the range of uses has been expanded to be consistent with other LEPs.

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Rural Planning Principles Response

(e) the identification and protection of natural resources, having regard to maintaining biodiversity, the protection of native vegetation, the importance of water resources and avoiding constrained land,

A range of zone amendments are proposed to reflect the environmental values of the property:

Lot 98 Ph Cooplacurripa, Cooplacurripa

Lot 102 Industrial Rd and Lot 193 Glacken St, Harrington

202 Bushland Dr, Taree

394 Diamond Beach Rd, Diamond Beach

586 Lansdowne Rd, Kundle Kundle

(f) the provision of opportunities for rural lifestyle, settlement and housing that contribute to the social and economic welfare of rural communities,

As mentioned in (d) the increased range of uses permitted with consent will provide greater benefit to rural communities. In addition, enabling community title subdivision for seniors/accessible housing and eco-tourist facilities will provide greater housing choice.

(g) the consideration of impacts on services and infrastructure and appropriate location when providing for rural housing

Given many of the zone changes relate to existing uses it is not expected there will be any impact on services and infrastructure. The inclusion of the essential services clause will require all development to demonstrate they have adequate access to services.

(h) ensuring consistency with any applicable regional strategy of the Department of Planning or any applicable local strategy endorsed by the Director-General.

Table 2 outlines how the Planning Proposal is consistent with the Mid North Coast Regional Strategy 2006-2031.

4.3 Environmental, social and economic impacts

4.3.1 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?

A number of sites in the site specific amendments have important ecological values. The following amendments will improve the protection of the site’s environmental values by placing them in zones that offer greater environmental protection:

74 Longsworth Rd, Harrington

102 Industrial Rd and Lot 193 Glacken St, Harrington

202 Bushland Dr, Taree

394 Diamond Beach Rd, Diamond Beach

586 Lansdowne Rd, Kundle Kundle

Lot 98 Ph Cooplacurripa, Cooplacurripa is to be included in the National Parks and Nature Reserves (E1) zone as it has been recently purchased by the National Parks and Wildlife Service.

4.3.2 Are there any other likely environmental effects as a result of the planning proposal and how are they proposed to be managed?

Not Applicable.

4.3.3 How has the planning proposal adequately addressed any social/economic effects?

The planning proposal contains amendments that reflect the current use or values of the sites, as such there is no significant change to the expectations of both the landowners and the community and there are no significant social and economic effects relating to these provisions.

4.4 State and Commonwealth interests

4.4.1 Is there adequate public infrastructure for the planning proposal?

Given the planning proposal contains minor amendments; there is no expected impact on public infrastructure.

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4.4.2 What are the views of State and Commonwealth public authorities consulted in accordance with the gateway determination?

Given the minor nature of these amendments, no State or Commonwealth agencies have been consulted at this stage. Council will consult with agencies identified in the Gateway determination.

The National Parks and Wildlife Services advised Council of the purchase of Lot 98 Ph Cooplacurripa, Cooplacurripa and have no objection to the change of zone their land.

The Office of Environment and Heritage were contacted numerous times for their support to include part of 102 Industrial Rd and Lot 193 Glacken St, Harrington in the Environmental Conservation (E2) zone. No response has been received to date.

5.0 Mapping

Attachment 2 provide maps, aerials and photographs for each site where there are proposed mapping changes.

6.0 Community consultation

Community consultation will be undertaken in accordance with the Gateway determination. As a minimum the consultation will involve:

sending letters to all landowners directly affected by a zone change to their land (site specific amendments), outlining the proposed amendments and process

placing notices in the Manning River Times

preparing and distributing media releases about the proposed amendments

making the planning proposal and associated documents available on Council’s web and at Council’s Taree library and Administration Centre.

While this is a minor amendment, it is proposed to have the planning proposal available for the community to view and comment on for 28 days, in line with Councils community consultation process.

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Attachment 1- General Amendments

Issue: Essential services

Applicable Zones: All zones

Proposed Amendment: The aim is to include a Local Provision called “Essential Services” into the Greater Taree Local Environmental Plan 2010. This clause ensures that development has adequate services and is a common provision throughout NSW.

LEP Change: Amend Part 7 of the Greater Taree Local Environmental Plan 2010 to include clause 7.8 Essential Services as follows:

(1) Development consent must not be granted to development unless the consent authority is satisfied that any of the following services that are essential for the proposed development are available or that adequate arrangements have been made to make them available when required: (a) The supply of water, (b) The supply of electricity, (c) The disposal and management of sewage, (d) Stormwater drainage, (e) Suitable road access.

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Issue: Events permitted without development consent

Applicable Zones: All zones

Proposed Amendment: Currently clause 2.8 of the Greater Taree Local Environmental Plan 2010 requires development consent for the temporary use of land. As a result, any market or event on parks or roads needs to apply for a number of approvals. The aim of this amendment is to streamline this approval process. A number of councils in NSW have adopted a clause that allows the temporary use of public road reserves and public roads for exhibitions, meetings, concerts or events. Event applications are lodged for these events and are considered by Council to ensure all aspects of the event have been considered.

LEP Change: Amend Part 7 of the Greater Taree Local Environmental Plan 2010 to include clause 7.9 Events Permitted Without Development Consent as follows:

(1) The objective of this clause is to provide for the temporary use of public reserves and

public roads for exhibitions, meetings, concerts or events. (2) Despite any other provision of this Plan, development (including any associated

temporary structures) for the purpose of a temporary event may be carried out on a public reserve or public road without development consent.

Note. Other approvals may be required, and must be obtained, under other Acts, including the Local Government Act 1993, the Roads Act 1993 and the Crown Lands Act 1989.

(3) State Environmental Planning Policy (Temporary Structures) 2007 does not apply to development to which this clause applies.

(4) In this clause: public reserve has the same meaning as in the Local Government Act 1993. temporary event means an exhibition, market, meeting, concert or other event that is open to the public for which land is used for a period of not more than 52 days (whether or not consecutive) in any period of 12 months.

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Issue: Boundary adjustments of land in certain rural, residential and environmental protection zones

Applicable Zones: Primary Production (RU1), Primary Production Small Lots (RU4) Village (RU5), Large Lot Residential (R5), Environmental Conservation (E2), Environmental Management (E3) and Environmental Living (E4).

Proposed Amendment: Currently there is no allowance in the Greater Taree Local Environmental Plan 2010 for boundary adjustments to rural properties. Council frequently receives requests for boundary adjustments for a range of reasons including improving viability of agricultural lots, access, and accounting for natural features such as creeks and steep land. Similar clauses have already been adopted by a number of rural councils in the State. The following amendment will enable these minor boundary changes to occur when the lots are below the minimum lot size and there is no increase in the number of lots.

LEP Change: Amend Part 4 of the Greater Taree Local Environmental Plan 2010 to include clause 4.1C “Boundary adjustments of land in certain rural, residential and environmental protection zones” as follows:

(1) The objective of this clause is to facilitate boundary adjustments and realignments between lots if one or more lots do not meet the minimum lot size shown on the Lot Size Map in relation to that land and the objectives of the relevant zone can be achieved.

(2) This clause applies to land in any of the following zones: (a) Zone RU1 Primary Production, (b) Zone RU4 Primary Production Small Lots (c) Zone RU5 Village, (d) Zone R5 Large Lot Residential, (e) Zone E2 Environmental Conservation, (f) Zone E3 Environmental Management, (g) Zone E4 Environmental Living

(3) Despite clause 4.1, development consent may be granted to subdivide land by way of boundary adjustment between adjoining lots where one or more resultant lots do not meet the minimum lot size shown on the Lot Size Map in relation to that land if the consent authority is satisfied that: (a) the subdivision will not result in the creation of an additional lot or the opportunity for

additional dwelling entitlements on any of the lots, and (b) the potential for land use conflict will not be increased as a result of the subdivision,

and (c) the subdivision will not result in any increased bush fire risk to existing buildings, and (d) if the land is in Zone RU1 Primary Production, the agricultural viability of the land will

not be adversely affected as a result of the subdivision. (4) Before granting development consent to development to which this clause applies, the

consent authority must be satisfied that the subdivision will not compromise the continued protection and long-term maintenance of any land in Zone E2 Environmental Conservation or Zone E3 Environmental Management.

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Issue: Coastal protection works

Applicable Zones: Environmental Conservation (E2), Environmental Management (E3), Environmental Living (E4), General Residential (R1), Public Recreation (RE1), Private Recreation (RE2), Primary Production (RU1), Village (RU5) and Tourist (SP3).

Proposed Amendment During the development of the Coastal Zone Management Plan (CZMP) it was identified that the Greater Taree Local Environmental Plan 2010 prohibits coastal protection works in zones that adjoin coastal beaches. It is proposed to amend the LEP to enable these works to be permitted with consent in zones that adjoin coastal beaches. Where in the Public Recreation (RE1) zone the use is to be permitted without consent given these lands are in public ownership and works can be appropriately managed.

LEP Change: Include “coastal protection works” as a “permitted with consent” use in the following zones:

Environmental Conservation (E2)

Environmental Management (E3)

Environmental Living (E4)

General Residential (R1)

Private Recreation (RE2)

Primary Production (RU1)

Village (RU5)

Tourist (SP3) Include “coastal protection works” as a “permitted without consent” use in the Public Recreation (RE1) zone.

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Issue: Zone Objectives

Applicable Zones: Primary Production (RU1), Village (RU5), Local Centre (B2), Enterprise Corridor (B6)

Proposed Amendment: During a comparative review of LEP’s across NSW, it was evident that some improvements regarding zone objectives in Greater Taree could be made to more accurately reflect the intended development outcomes. This amendment involves the addition of objectives for the Primary Production (RU1), Village (RU5) and Local Centre (B2) zones. The amendment also aims to remove an objective from the Enterprise Corridor (B6) zone which encourages residential uses where part of a mixed use development. However residential accommodation is a prohibited use.

LEP Change: Amend the zone objectives as follows:

include in Primary Production (RU1) zone objectives - “To secure a future for agriculture in the area by minimising the fragmentation of rural land and loss of potential agricultural productivity.”

include in Village (RU5) zone objectives – “To minimise conflict between land uses within the zone and land uses within adjoining zones.”

include in Local Centre (B2) zone objectives – “To ensure quality of design of buildings and public spaces to achieve a locality that is safe and accessible.”

remove from Enterprise Corridor (B6) zone objectives – “To provide for residential uses, but only as part of a mixed use development.”

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Issue: Erection of dual occupancies (detached) in the Primary Production (RU1) zone

Applicable Zones: Primary Production (RU1)

Proposed Amendment: Currently “dual occupancies (attached)” are permitted with consent in the Primary Production (RU1) zone. Given these buildings are attached, the resultant built form can be very large buildings that are not in keeping with the rural nature of the zone. A review of LEPs in NSW identified that a clause to enable the dual occupancy to be detached has been applied. It is proposed to include this clause in the Greater Taree Local Environmental Plan 2010. A minor amendment has been made to this clause to remove the requirement that each dwelling is to use the same driveway and be located within 100m of each other. This change is proposed to ensure adequate visual separation to maintain the rural landscape character of the land. In conjunction with this amendment, “rural workers’ dwelling” will be removed as a consent use in the Primary Production (RU1) zone.

LEP Change:

Amend Part 4 of the Greater Taree Local Environmental Plan 2010 to include clause 4.2C Erection of dual occupancies (detached) in Zone RU1 as follows:

(1) The objectives of this clause are as follows: (a) to provide alternate accommodation for rural families and workers, (b) to ensure development is of a scale and nature that is compatible with the primary

production potential, rural character and environmental capabilities of the land. (2) Development consent must not be granted to development for the purpose of a dual

occupancy (detached) on land in Zone RU1 Primary Production unless the consent authority is satisfied that: (a) the development will not impair the use of the land for agriculture or rural industries,

and (b) the land is physically suitable for the development, and (c) the land is capable of accommodating the on-site disposal and management of

sewage for the development, and (d) the development will not have an adverse impact on the scenic amenity or character

of the rural environment.

Remove “rural workers’ dwelling” as a “permitted with consent” use in the Primary Production (RU1) zone.

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Issue: Primary Production (RU1) zone changes

Applicable Zone: Primary Production (RU1) zone

Proposed Amendment: Recently Council received a number of development enquiries where uses have been prohibited, but seem logical to be undertaken in the Primary Production zone. We undertook a review of the uses permitted with consent, including an assessment of what has been undertaken in a number of regional councils. While our Primary Production zone covers 66% of our council area, the zone was found to be very restrictive. Many of the uses that are prohibited currently exist in the Primary Production zone, being approved under the previous Local Environmental Plan. A number of uses are proposed to be included as permitted with consent in the zone as outlined below. The development assessment process will ensure that the suitability of each use is considered. In addition, it is proposed to: prohibit “funeral homes” given these are predominately a business and should be located within

towns rather than rural areas

permit a water storage facility without consent as they are currently prohibited in the Primary Production zone. To enable this change a minor amendment is required to Schedule 2 Exempt development to remove the Primary Production zone from the requirements for Dams

LEP Change: Amend the Greater Taree Local Environmental Plan 2010 to Include the following uses as “permitted with consent” in the Primary Production (RU1) zone: boat launching ramps, boat sheds, camping grounds, charter and tourism boating facilities, community facilities, depots, educational establishments, function centres, industrial training facilities, information and education facilities, intensive plant agriculture, jetties, marinas, markets, mooring pens, moorings, plant nurseries, public administration, recreation areas, recreation facilities (major), recreation facilities (outdoor), registered clubs, restaurants or cafes, sewerage systems, timber yards, veterinary hospitals, waste or resource management facilities, water recreation structures, water supply system and wharf or boating facilities. Remove “funeral homes” from being a “permitted with consent” use. Remove “intensive plant agriculture” from being a “permitted without consent” use. Add “water storage facility” to be a “permitted without consent” use. Amend Schedule 2 Exempt development to change the Dams requirements to refer to Dams (RU4 and R5 Zone)

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Issue: Enabling a kiosk and food and drink premises in the Enterprise Corridor (B6) zone.

Applicable Zone: Enterprise Corridor (B6)

Proposed Amendment: Enquiries have been received regarding the possibility of providing venues for sale of food, light refreshments and other small convenience items to local workers in the Enterprise Corridor (B6) zone. Currently a kiosk and take away food and drink premises are prohibited uses in the Enterprise Corridor zone. Some of these locations are removed from existing centres and have no access to food outlets (eg. Taree South). This means workers requiring lunch have to travel a distance to access a food outlet. Other areas in the Enterprise Corridor zone are close to centres which adequately service the needs of the workers. A kiosk and take away food and drink premises are considered compatible uses in an Enterprise Corridor zone to service the workers in the area.

LEP Change: Include “kiosk” and “take away food and drink premises” as “permitted with consent” uses in the Enterprise Corridor (B6) zone.

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Issue: Bulky Goods Premises in the Light Industrial (IN2) zone

Applicable Zone: Light Industrial (IN2)

Proposed Amendment: Currently bulky goods premises are permitted in the Local Centre (B2), Commercial Core (B3), Mixed Use (B4), Business Development (B5) and Enterprise Corridor (B6) zones. Under the previous LEP (1995), this use was permitted with consent in any zone, as it was a merit based plan. Typically bulky goods premises located in the industrial zones due to the large lot size required. Also, given there is a large amount of Light Industrial zoned land close to the Taree town centre, this area was a popular location for bulky good premises having proximity to other commercial activities. While some clustering occurred around Mill Close (which was included in the Business Development zone) other sites were dispersed throughout the Light Industrial zoned land. This has caused a number of problems when extensions are needed or the business closed, leaving a purpose-built building for bulky goods premises vacant. We have had numerous occasions where bulky goods premises have wanted to utilise an existing vacant building in the Light Industrial zone only to find the use is prohibited. Many of these sites remain vacant. Given the economic climate in our region, businesses often do not have the capital to build new premises in the Business Development zone and would prefer to lease or purchase an existing building. We believe that this is a regional problem, which is demonstrated by the councils that have been allowed to have bulky goods premises permitted with consent in the Light Industrial (IN2) zone, being:

Byron Shire

Cootamundra Shire

Lismore City

Palerang

Shellharbour City

Parkes Shire

Shoalhaven City

Great Lakes

Queanbeyan City

Upper Hunter A consistent approach should be applied to enable the LEP to be amended to enable bulky goods premises in the Light Industrial zone.

LEP Change: Include “bulky goods premises” as a “permitted with consent” use in the Light Industrial (IN2) zone.

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Issue: Rural industries in the Light Industrial (IN2) zone

Applicable Zone: Light Industrial (IN2) zone

Proposed Amendment: Currently “Rural Industries” are both a permitted with consent and a prohibited use in the Light Industrial (IN2) zone. It is proposed to clearly show Rural industries are considered to be an appropriate use in this zone. It is also included in the General Industrial (IN1) zone as permitted with consent.

LEP Change: Remove “Rural Industries” as a “prohibited” use in the Light Industrial (IN2) zone.

Issue: Function Centres in Recreational zones

Applicable Zone: Public Recreation (RE1) and Private Recreation (RE2)

Proposed Amendment: In 2014 Council reviewed the uses that are permitted with consent in the Public Recreation Zone to better reflect the types of uses that currently exist in our parks and we intend to have in the future. Since this amendment, we identified that “function centre” should also be a permitted with consent use in both the Public (RE1) and Private (RE2) Recreational zones. Function centres are a common feature in the recreation zones associated with sporting clubs (eg golf course, leagues clubs). The development application process would ensure any potential impacts from the use are addressed.

LEP Change: Include “function centre” as “permitted with consent” in the Public Recreation (RE1) and Private Recreation (RE2) zone.

Issue: Heritage Conservation Area Floor Space Ratio

Applicable zone: All zones that are included in a Heritage Conservation Area

Proposed Amendment: A recent review of our heritage provisions identified that the floor space ratio that applies to land in a Heritage Conservation Area is 0.45, which is less than the floor space ratio applied to surrounding residential (0.6) and business (0.8+) uses outside the Area. Heritage Conservation Areas identify that there are heritage values that need to be considered when developing a site, but should not limit the floor space ratio to that below what is typically expected in the zone. It is intended that the floor space ratio be amended to be consistent to the floor space applied to the relevant zone.

LEP Change: Amend the floor space ratio in the Heritage Conservation Areas to be consistent with the floor space ratio applied in the relevant zone. The following Maps are to be amended:

3350_COM_FSR_010C_010_20140120

3350_COM_FSR_011A_040_20140120

3350_COM_FSR_014B_040_20140120

3350_COM_FSR_015G_010_20140120

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Issue: Community title subdivision for seniors/accessible housing development or eco-tourist facility

Applicable Zones: Primary Production (RU1), Primary Production Small Lots (RU4), Large Lot Residential (R5), Environmental Conservation (E2), Environmental Management (E3)

Proposed Amendment: The State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 enables seniors and accessible housing in the above zones as permitted with consent. LEP 2010 permits and eco-tourist facility in rural and environmental zones. Community title subdivisions must use the minimum lot size applicable to each zone, effectively negating this use in these zones. This provision will enable the above types of development to be subdivided under community title to be less than the minimum lot size of the zone.

LEP Change: Amend Part 4 of the Greater Taree Local Environmental Plan 2010 to include the following addition to clause 4.1AA Minimum subdivision lot size for community title schemes: (3A) Despite subclause (3), development consent may be granted for the subdivision of land to which this clause applies resulting in lots that are less than the minimum size shown on the Lot Size Map in relation to that land if the consent authority is satisfied that:

(a) the use of the land after subdivision will be for the purpose of either a seniors housing development designed in accordance with schedule 3 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 and permitted under an existing development consent for the land or an eco-tourist facility permitted under an existing development consent for the land, and (b) the development is complementary to the scenic and environmental attributes of the land and its surrounds, and (c) there is or will be appropriate vehicular access servicing the lots, and (d) each lot to be created by the subdivision will be connected to a reticulated water and sewerage system.

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Attachment 2- Site Specific Amendments

Address: Lot 98 Ph Cooplacurripa, Cooplacurripa

Property Description: Lot 98 DP 753690

Current Zone: Forestry (RU3) Proposed Zone: National Parks and Nature

Reserves (E1)

Proposed Amendment: This property has been recently purchased by the National Parks and Wildlife Services. As a result, it is proposed to change the zone of this site from Forestry (RU3) to National Parks and Reserves (E1) to reflect ownership and use of the land.

LEP Change: Amend Map Identification Number 3350_COM_LZN_002_080_20100517 to include Lot 98 DP 753690 in the National Parks and Nature Reserves (E1) zone.

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Address: 24-30 Johns River Road, Johns River

Property Details: Lot 85 DP 1109105, Lot 283 DP 879623, Lot 284 DP 879623 and Lot 1 DP 308795

Current Zone: Primary Production (RU1) Proposed Zone: Village (RU5) and Primary Production (RU1)

Proposed Amendment: A recent review of the Village (RU5) zone in Johns River identified a number of sites that form part of the village and should be zoned accordingly. When a previous amendment was made to the Greater Taree Local Environmental Plan 2010, we received a submission that identified additional sites (24-30 Johns River Rd) that should also be included in the Village zone. An investigation was undertaken and it was agreed that the front of these sites currently function as part of the village, being the tavern and houses. As such, the whole of 26 and 30 Johns River Rd and front of 24 and 28 Johns River Road should be included in the Village zone. The rear of 24 and 28 Johns River Road will remain in the Primary Production (RU1) zone. The owners were consulted and agreed with this proposed change.

LEP Change: Amend Map Identification Number 3350_COM_LZN_014_080_20131216 to include Lot 284 DP 879623 and Lot 1 DP 308795 and part of Lot 85 DP 1109105 and Lot 283 DP 879623 in the Village (RU5) zone. Amend Map Identification Number 3350_COM_LSZ_014_080_20100517 to change the lot size of land within the proposed village zone from 40 ha to 1000m2 to reflect the Amend Map Identification Number 3350_COM_HOB_014_080_20100517 to include a height of building restriction of 8.5m on the land within the proposed village zone.

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Address: West Street, Coopernook

Property Description: Lot 119 DP 260733, Lot 127 DP 812015, Lot 25 and 24 DP 829139, Lot 17 and 16 DP 713690, Lot 17, 26, 30, 35, 36 DP 4865

Current Zone: Primary Production (RU1) and Village (RU5) Proposed Zone: Village (RU5)

Proposed Amendment: When LEP 1995 was converted into the LEP 2010 there were concerns about how to apply the new zones in this location. The outcome was that the land subject to flooding remained in the Primary Production (RU1) zone and the remainder of Coopernook village was included in the Village zone. To maintain dwelling entitlements an array of minimum lot sizes were applied. When travelling along West Street there are existing houses on the eastern side of the street which is included in the Primary Production zone. Visually it looks like part of the village and this is unlikely to change. What has resulted is that some landowners have been unnecessarily restricted with the lot sizes and have approached Council to rectify this situation. Following discussions with the development assessment team, it is recommended that it is appropriate to include these sites in the Village zone to reflect that this area does form part of the Coopernook village and apply the minimum lot size of 1,000m2. The flood constraints will be considered through the development application process.

LEP Change: Amend Map Identification Number 3350_COM_LSZ_014B_040_20141031 to change the minimum size of Lot 119 DP 260733, Lot 127 DP 812015, Lot 25 and 24 DP 829139, Lot 17 and 16 DP 713690, Lot 17, 26, 30, 35, 36 DP 4865 to 1000m2 Amend Map Identification Number 3350_COM_LZN_014B_040_20141031 to include Lot 119 DP 260733, Lot 127 DP 812015, Lot 25 and 24 DP 829139, Lot 17 and 16 DP 713690, Lot 17, 26, 30, 35, 36 DP 4865 in the RU5 Village zone. Amend Map Identification Number 3350_COM_HOB_014B_040_20100517 to include a height of building restriction of 8.5m on Lot 119 DP 260733, Lot 127 DP 812015, Lot 25 and 24 DP 829139, Lot 17 and 16 DP 713690, Lot 17, 26, 30, 35, 36 DP 4865 in the RU5 Village zone.

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Address: 586 Lansdowne Road, Kundle Kundle

Property Description: Lot 21 DP 168022

Current Zone: Primary Production (RU1) Proposed Zone: General Industrial (IN1) and Environmental Conservation (E2)

Proposed Amendment: This site is the former UGL Taree Rail Complex site. In the 1980s an engineering firm was established on the site to fabricate railway products. The use has changed over time but has remained an industrial activity. Under the previous LEP the use was lawfully established on the site. However, the use is currently prohibited in the Greater Taree Local Environmental Plan 2010. This has led to difficulties when the owner wanted to extend the business. It is proposed to change the zone of the land to reflect the current industrial use of the site that has been in place for over 30 years. The General Industrial zone is also in keeping with the location of the industrial land east of Lansdowne Road in Brimbin (directly to the north). This zone will apply over the cleared land only (shown in red above). The remainder of the site will be included in the Environmental Conservation (E2) zone to reflect the environmental values of the land. This land forms part of an important environmental corridor linking National Parks and Nature Reserves to the west and north-east of the site.

LEP Change: Amend Map Identification Number 3350_COM_LZN_014A_040_20100517 to show part of Lot 21 DP 168022 (shown in red above) in the General Industrial (IN1) zone and the remainder of the site in the Environmental Conservation (E2) zone. Amend Map Identification Number 3350_COM_LSZ_014A_040_20151015 to apply a Lot Size of 40 ha to the Environmental Conservation (E2) zone area.

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Address: 3 Bahanas Close Wingham

Property Description: Lot 20 DP264239

Current Zone: General Residential (R1)

Proposed Amendment: This site is included in the General Residential (R1) zone and was identified as a drainage reserve that services the local area. Given the drainage restrictions of the site, it has not intended to develop this site for another purpose. During exhibition of the draft Open Space Implementation Plan neighbours advised that they are interested in purchasing this property. Placing the site in private ownership with clear drainage easement restrictions would not impact on the drainage of the neighbourhood. As such, it is recommended to reclassify the land from Community to Operational to allow for the potential sale and private use of the lot. A public hearing will be undertaken with the community to identify any community issues.

LEP Change: Include Lot 20 DP264239 in Schedule 4 Part 2 “Land Classified, or reclassified, as operational land- interests changed”

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Address: 74 Longworths Road, Harrington

Property Description: Lot 2 DP 1198908

Current Zone: Environmental Conservation (E2), Primary Production (RU1), Recreational Waterways (W2), Proposed Zone: As above – minor changes to zone boundary

Proposed Amendment: Land Property Information has produced more accurate cadastre boundaries. As a result, the zone boundaries no longer align with the cadastre boundary. The proposed amendment is to adjust the zone boundary to align with the cadastral property boundary. The boundary adjustment will comply with the SEPP 14 Coastal Wetlands mapping in determining where the Environmental Conservation (E2) zone applies.

LEP Change: Amend Map Identification Number 3350_COM_LZN_014B_040_20140114, 3350_COM_LZN_015C_040_20140114, 3350_COM_LSZ_014B_040_20140114 and 3350_COM_LSZ_015C_040_20110310 to follow the cadastre boundary for Lot 74 DP 1198908

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Address: 102 Industrial Road and Lot 193 Glacken Street Harrington

Property Details: Lot 218 DP 754415, Lot 193 DP 754415, Lot 2 DP 510738,

Current Zone: National Parks and Nature Reserves (E1) and Primary Production (RU1)

Proposed Zone: Environmental Conservation (E2) and Primary Production (RU1)

Proposed Amendment: The landowner requested Council change the zone of part of their site which is currently included in the National Parks and Nature Reserve (E1) zone to Environmental Conservation (E2). The National Parks and Nature Reserve zone was applied to this site in LEP 2010 as a direct transition from the former LEP 1995 8(b) National Parks and Nature reserves zone. Given the site is privately owned, the appropriate zone for this site would be Environmental Conservation (E2). The site is currently identified on the Land Reservation Acquisition (LRA) map for expansion of the Crowdy Bay National Park. It is proposed to change the National Parks and Nature Reserve zone to Environmental Conservation to reflect the private ownership of the land.

LEP Change: Amend Map Identification Number 3350_COM_LZN_014B_040_20140114 to include the land currently in the National Parks and Nature Reserve zone in the Environmental Conservation (E2) zone of parts of lots Lot 218 and 193 DP 754415, Lot 2 DP 510738. The Primary Production zone still applies to these lots. Amend Map Identification Number 3350_COM_LSZ_014B_040_20141031 to apply a lot size of 40 ha to the portion of the lots becoming E2.

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Address: 2 Pilot Street, Harrington

Property Description: Lot 22 DP 758502

Current Zone: Public Recreation (RE1) Proposed zone: Neighbourhood Centre (B1)

Proposed Amendment: This lot forms part of the Harrington Memorial Hall site. The land was included in the Public Recreation (RE1) zone when LEP 1995 was transitioned into LEP 2010. In the previous LEP the site was identified as a future road widening (Arterial Road). This land is not intended to be purchased by Council for the purpose of a park. As a result, the lot should be included in the Neighbourhood Centre zone that applies to the adjoining lot.

LEP Change: Amend Map Identification Number 3350_COM_LZN_014B_040_20140114 to include Lot 22 DP 758502 in the Neighbourhood Centre (B1) zone. Amend Map Identification Number 3350_COM_HOB_014B_040_20100517 to apply a height of building restriction of 8.5m to the lot. Amend Map Identification Number 3350_COM_FSR_014B_040_20140120 to apply a Floor Space Ratio of 0.85 to the lot.

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Address: 202 Bushland Drive, Taree

Property Description: Lot 2 DP 577979 and Lot 1 DP 944585

Current Zone: Infrastructure (SP2) – Public Utility Undertaking And General Residential (R1)

Proposed Zone: Light Industrial (IN2) and Environmental Conservation (E2)

Proposed Amendment: This site is no longer used as a rail facility and is currently for sale. The Rail Corporation NSW have requested that the zone be changed to represent the expected industrial use of the site. They undertook a range of studies that were assessed by Council. Based on these reports it has been recommended that Lot 2 DP 577979 be included in the Light Industrial (IN2) zone and Lot 1 DP 944585 be included in the Environmental Conservation (E2) zone. Lot 1 forms part of an important environmental corridor and provides buffering between the existing industrial uses of this site and the residential land to the east. In addition to this zone change, Council and Rail Corporation NSW are developing a voluntary planning condition that requires the site to be amalgamated and a vegetation management plan developed and implemented for Lot 1, which will be reported to Council separately. The portion of General Residential (R1) land on Lot 1 DP944585 will be included in the Light Industrial (IN2) zone.

LEP Change: Amend Map Identification Number 3350_COM_LZN_015E_020_20140114 to include Lot 2 DP 577979 in the Light Industrial (IN2) zone and the Infrastructure (SP3) portion of Lot 1 DP 944585 in the Environmental Conservation (E2) zone. The portion of the site that is currently General Residential will be included in the Light Industrial (IN2) zone. Amend Map Identification Number 3350_COM_LSZ_015E_020_20130529 to apply a Lot Size of 40ha to the Environmental Conservation (E2) portion of Lot 1 DP 944585.

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Address: Lot 1 River Street, Cundletown

Property Description: Lot 1 DP1136052

Current Zone: General Residential (R1)

Proposed Amendment: As shown on the Land Reservation Acquisition Map above, land to the north and south of this site are earmarked for acquisition (shown as yellow) for the Cundletown Bypass. This land is also required for the proposed Bypass, and was originally purchased by NSW Roads and Maritime Services to construct the bypass of Cundletown when the Pacific Highway still passed through Taree. However, the Land Reservation Acquisition layer was not applied to this site possibly due to the RMS already owning the site. Following the Taree bypass in the 1990s it was decided that the Cundletown Bypass was still needed to divert traffic around Cundletown as the population grows. Recently, RMS placed this site on the market. Without the Land Reservation Acquisition layer in place over the site there was no indication of the future road widening that could potentially take up the whole site. While the sale of the site has been withdrawn (following Council intervention), it is important to ensure the constraints over the site are easily identified. This amendment proposes to include the site on the Land Acquisition Map.

LEP Change: Amend Map Identification Number 3350_COM_LRA_015A_040_20100517 to include this site on the Land Acquisition Layer.

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Address: 11-29 Beeton Parade, Taree

Property Description: Lot 100 DP 1195087

Current Zone: Light Industrial (IN2), Private Recreation (RE2), Public Recreation (RE1)

Proposed Zone: Light Industrial (IN2), Private Recreation (RE2)

Proposed Amendment: This site is for sale and there have been enquiries as to why part of the site is in the Public Recreation (RE1) zone. We’ve investigated this land and found that is it not required for public use given there is sufficient supply of open space in Taree. Given Council has no intention to purchase this site for park purposes this zone is not appropriate. Given the remainder of the property is zoned Private recreation (RE2) and is subject to flooding constraints (20 year average) it is appropriate to use the adjoining.

LEP Change: Amend Map Identification Number 3350_COM_LZN_015G_010_20131216 to change the Public Recreation RE1 zone area on Lot 100 DP 1195087 to be Private Recreation RE2 zone. The Light Industrial IN2 zone will remain over the existing portion of the site.

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Address: 35 John Hall Drive Taree 2430

Property Description: Lot 89 DP 1078645

Current Zone: General Residential (R1)

Proposed Amendment: This site is included in the General Residential (R1) zone and was originally used for signage for the Manning Waters Estate. Since the estate has been completed the sign was removed and the site has remained vacant. During exhibition of the draft Open Space Implementation Plan the adjoining neighbour advised that they are interested in purchasing this property. This would appear to be an appropriate use given the land is only 368m2 and restricted being a corner lot. No submissions were received from residents concerned about the potential sale of this land. Placing the site in private ownership appear to be the logical approach for this remanent piece of land. As such, it is recommended to reclassify the land from Community to Operational to allow for the potential sale and private use of the lot. A public hearing will be undertaken with the community to identify any community issues.

LEP Change: Include Lot 89 DP 1078645 in Schedule 4 Part 2 “Land Classified, or reclassified, as operational land - interests changed”

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Address: 16 Hayes Lane, Taree

Property Description: Lot 140, DP 611673

Proposed Amendment: Council was advised that the DP for heritage item I190 has been recorded incorrectly in the Greater Taree City Council LEP 2010. It is proposed to change the DP to the correct description being DP 611673.

LEP Change: Amend heritage item I190 in Part 1 of Schedule 5 – Environmental Heritage to record the correct DP of 611673. No changes to LEP maps are required.

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Address: Diamond Beach Resort, 394 Diamond Beach Road, Diamond Beach

Property Details: Lot 14 DP 576414

Current Zone: Primary Production (RU1) Proposed Zone: Tourist (SP3) and Environmental Conservation (E2)

Proposed Amendment: This site is on the edge of the urban area at Diamond Beach and is included in the Primary Production (RU1) zone. However, the site has been used as a motel for over 15 years. The owner approached Council to change the zone of the property to reflect the current use. It is proposed to include the land east of the 2100 Coastal Zone Hazard Line (red line) in the Environmental Conservation (E2) Zone. This zone has been consistently used along the coast to identify land that could potentially be subject to coastal hazards. The remainder of the site would be included in the Tourist (SP3) zone to reflect the current use of the site as a motel/tourist accommodation. These zone changes will not only reflect the current use of the site, but also the potential hazards.

LEP Change: Amend Map Identification Number 3350_COM_LZN_015B_040_20121213 to reflect the zone changing from Primary Production (RU1) to Tourist (SP3) and Environmental Conservation (E2). Amend Map Identification Number 3350_COM_LSZ_015B_040_20121213 to apply a lot size of 10000m2 (1ha) to the area zoned SP3. A lot size of 40ha will remain on the E2 zoned land. Amend Map Identification Number 3350_COM_HOB_015B_040_20121213 to apply a Height of Building of 8.5m to the portion of the site to become SP3. Amend Map Identification Number 3350_COM_FSR_015B_040_20140120 to apply a Floor Space Ratio of 0.6 to the portion of the site to become SP3.

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Address: 23 - 26 The Knoll, Tallwoods Village

Property Description: Lot 33 - 36 DP 879612

Current Zone: General Residential (R1) and Private Recreation (RE2)

Proposed Zone: General Residential (R1)

Proposed Amendment: Investigations revealed 4 residential lots in the Tallwoods estate that have a portion of Private Recreation (RE2) zone over the rear of the lot, which adjoins the Tallwoods Golf Course. This mapping error has come about from the subdivision not aligning with the zone boundary. Each lot should be located wholly within the General Residential zone to reflect the current use. This amendment proposes to adjust the above mentioned lots to be included entirely in the General Residential (R1) zone.

LEP Change: Amend Map Identification Number 3350_COM_LZN_015B_040_20121213 to remove the Private Recreation (RE2) zone on Lots 33, 34, 35 and 36 DP 879612 and include the entire lots in the General Residential (R1) zone. Amend Map Identification Number 3350_COM_LSZ_015B_040_20121213 to apply a Lot Size of 450m2 to the entire area of Lots 33, 34, 35 and 36 DP 879612. Amend Map Identification Number 3350_COM_FSR_015B_040_20140120 to apply a Floor Space Ratio of 0.6 to the entire area of Lots 33, 34, 35 and 36 DP 879612. Amend Map Identification Number 3350_COM_HOB_015B_040_20121213 to apply a Height of Building of 8.5m to the entire area of Lots 33, 34, 35 and 36 DP 879612.

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Address: 25 Myalup Court, Red Head

Property Description: Lot 706 DP 1169554

Current Zone: Public Recreation (RE1) and General Residential (R1)

Proposed Zone: Adjustment of Public Recreation (RE1) and General Residential (R1) zone

Proposed Amendment: This land formed part of the Seascape development. At the time of rezoning the open space zone was applied over Lot 706 on DP 1169554 to enable driveway access to a public car park on the adjoining eastern land. Since the rezoning was undertaken it has been decided that there is no need for a public car park at this location (given suitable on-road parking currently exists) and that a pedestrian path will be sufficient. As a result, the width of the land included in the Public Recreation zone is proposed to be reduced to 4m wide (shown as a red line above). This will enable residents to access the headland and connect to the open space network to the north and south of the site.

LEP Change: Amend Map Identification Number 3350_COM_LZN_015B_040_20121213 to reduce the extent of the Public Recreation (RE1) zone over the site to being 4m wide on the southern boundary. Amend Map Identification Number 3350_COM_LSZ_015B_040_20121213 to apply the lot size of 450m2 to the area becoming General Residential (R1). Amend Map Identification Number 3350_COM_FSR_015B_040_20140120 to apply a Floor Space Ratio of 0.6 to the area becoming General Residential (R1). Amend Map Identification Number 3350_COM_HOB_015B_040_20121213 to apply a Height of Building of 8.5m to the area becoming General Residential (R1).

Page 50: Amendments to the Greater Taree Local Environmental Plan 2010 · Currently bulky goods premises are permitted in the Local Centre (B2), Commercial Core (B3), Mixed Use (B4), Business

GTCC Planning Proposal – LEP Amendments 2015-16

December 2015 Page 50 of 50

Version 1 S671/03

Address: Lot 213 High Street, Black Head

Property Description: Lot 213 DP 1098493

Current Zone: Public Recreation (RE1), General Residential (R1) and Primary Production (RU1)

Proposed Zone: General Residential (R1) and Primary Production (RU1)

Proposed Amendment: Part of this lot is included in the Public Recreation (RE1) zone and contains detention basins for the Halliday Shores development. This site is privately owned and Council has no intention to purchase the land. The amendment proposes to include this part of the lot in the General Residential (R1) zone to reflect the use and private ownership of the site.

LEP Change: Amend Map Identification Number 3350_COM_LZN_016A_040_20140707 to exclude part of Lot 213 DP 1098493 from the Public Recreation (RE1) zone and include it in the General Residential (R1) zone. Amend Map Identification Number 3350_COM_LSZ_016A_040_20140115 to include a Lot Size of 450m2 over the entire proposed General Residential (R1) area. Amend Map Identification Number 3350_COM_FSR_016A_040_20140120 to include a Floor Space Ratio of 0.6 over the entire proposed General Residential (R1) area. Amend Map Identification Number 3350_COM_HOB_016A_040_20140515 to include a Height of Building of 8.5m over the entire proposed General Residential (R1) area.