Item 7.1 - Attachment 1 |
Copy of the Previous
Report considered by Council on 23 March 2009 |
CITY DEVELOPMENT
ITEM NUMBER
SUBJECT Further Report -
Draft
REFERENCE F2006/01198 - D01174144
REPORT OF
PURPOSE: This report presents the collated
information received from the Ward Councillor Working Parties identifying
their changes to the draft LEP as well as an outline of the proposed informal
information process to display the draft LEP, as required by Council
resolutions of 9 February and The report also seeks Council’s adoption of the draft LEP as presented
to Council on |
(a) That
Council adopt the recommendations relating to the draft Parramatta LEP (PLEP)
as reported to Council 15 December 2008 (Attachment
4) as follows: 1 That Council endorse draft Parramatta
Local Environmental Plan in Attachments 7 and 8 to the 2 That Council be informed of the outcome
of the certification process prior to the commencement of the formal
exhibition and any significant changes be the subject of a further report. 3 That any land reservations required for
public transport corridors relating to SREP 18 – Public Transport Corridors
be included in draft PLEP prior to exhibition if resolved by the relevant
State Government authorities. 4 That Council staff continue the process
to further develop a voluntary planning agreement (VPA) for the No 2 Morton
Street site with the proponent and the draft VPA be reported back to Council
for endorsement with the aim of exhibiting the draft VPA concurrently with
draft PLEP. 5 That Council agree in principle to
the amalgamation of the City Centre LEP with the draft PLEP and that a
further report on the process of amalgamation be presented to Council. 6 That, subject to advice to Council of
those changes, should minor errors or anomalies be discovered in the draft
PLEP maps or documentation, then those be rectified prior to exhibition of
the draft LEP without being referred back to Council. (b) That the general agreement reached by Councillors at the
workshop on (c) That the outcomes of the discussions
of Ward Councillors working groups as outlined in Attachment 1 be tabled for consideration by Council. (d) That
the informal public information process on the draft LEP be carried out
generally as outlined in Attachment 2
to this report prior to any formal exhibition of the draft PLEP. (e) That
the informal public information process be undertaken for a 4 week
period. (f) That
the draft LEP as adopted be the subject of a further s64 pre submission
meeting as required by the Department of Planning (DoP) and Council be
advised of the outcome following that meeting as to the subsequent s65
certification process. (g) Further,
that Council invite the owner(s) of land within the industrial precinct
at River West Road, Parramatta, to discuss a separate process by which the
rezoning of the land to allow a mix of uses including residential, be
considered. |
BACKGROUND
1. The draft Parramatta LEP was reported to
Council on
2. Council deferred consideration of the matter
to its meeting on
3. On
(a) That Parramatta City Council seek to address the
finalisation of the Parramatta Local Environment Plan in a most timely manner,
and in order to give due consideration to all matters pertaining to the city’s
future character:
(b) That
a report is requested from Council’s Property Section listing all of Council’s
properties and promoting a strategy which seeks to ensure that community owned
land in Council’s ownership is not disadvantaged, and that scope is provided to
maximise the community’s future investments.
(c) That
such land will be identified and categorised so as to allow its inclusion in
the LEP, after consultation with Council.
(d) That
each Council Ward will form a ‘Working Party’ of its Councillors to review the
proposed future character of each Ward, and that where discussion is required
about land adjacent to Ward boundaries, that the Councillors of both Wards will
have equal input.
(e) That
each Ward ‘Working Party’ will deliver its outcomes to the responsible officer
by
(f) That
after the plan is finally adopted by Council and sent to the Department of
Planning for a Section 65 Certificate to enable public exhibition:
(g) That
Council undertake an informal exhibition of the plan through each Ward over the
pursuing four month period.
(h) That
a report is requested outlining the format and process of such an informal
exhibition.
(i) That
for the purpose of exhibition a method of presentation be developed by Council
which will allow easy recognition and understanding of the LEP document.
(j) Further,
that the CEO convey Council’s intentions to the Department of Planning.
4. At the Council meeting on
(a) That consideration of
this matter be deferred for 1 month and in the meantime, those Councillors that
have met submit any minutes or details relating to their considerations.
(b) That
Council seek the action requested under Clauses (b) and (e) at the Council
Meeting held on
“(b) That
a report is requested from Council’s Property Section listing all of Council’s
properties and promoting a strategy which seeks to ensure that community land
in Council’s ownership is not disadvantaged and that scope is provided to
maximise the community’s future investments.
(e) That
each Ward ‘Working Party’ will deliver its outcomes to the responsible officer
by
(c) Further,
that Council seek a legal opinion regarding its obligations under the
Environmental Planning and Assessment Act should it undertake an informal
exhibition.”
ISSUES
5. This report addresses the items from the
above resolutions where Council has requested more information, namely:
(a) Compiling
the issues submitted by the Councillor working parties
(b) The informal exhibition process, including the legal
opinion.
6. A copy of the legal advice has been
provided separately to Councillors by memo prior to the Council meeting.
7. A separate report will be prepared by
Council’s Strategic Asset Manager regarding item (b) of Council’s resolution of
8. It should be noted that Council has not
made a decision as to which of the matters raised at the workshop on 4 February
and reported to Council on 23 February 2009 it wishes included in the draft
LEP. The workshop matters reported to Council on
9. The list of issues from the Councillor
working groups is Attachment 1 to
this report.
10. An outline of the informal information
display and discussion of process issues related to this is outlined in Attachment 2 to this report. A meeting was conducted with Council’s legal
advisor to discuss the various issues in adopting an informal ‘exhibition’ of
the draft LEP immediately prior to a formal exhibition of the instrument. The discussion at Attachment 2 has been influenced by these discussions and the
subsequent legal advice received and provided to Councillors, which discusses
the issues that need to be addressed and the caution that needs to be
exercised.
Marcelo Occhiuzzi Sue
Stewart
Manager,
Land Use Senior
Project Officer
and
Transport Planning Land
Use Planning
Outcomes of Ward Councillor Working Group
Discussions |
7 Pages |
|
|
Outline of Informal of Exhibition |
4 Pages |
|
|
Supplementary Report Considered by Council
on |
3 Pages |
|
|
Draft |
52 Pages |
|
REFERENCE MATERIAL
None.
Copy of the Previous
Report considered by Council on 23 March 2009 |
Attachment 1
OUTCOMES OF WARD COUNCILLOR WORKING GROUP
DISCUSSIONS
Item |
Amendment Proposed |
|
Woodville Ward Councillors |
1 |
The
neighbourhood block bounded by Blaxcell St, The Avenue, |
2 |
The west side
of Blaxcell Street, between Adam Street and Markey Street, which is shown as
B4 Mixed Use be replaced by R3 Medium Density Residential, further, that the
proposed B4 Mixed Use section of Blaxcell Street, adjacent to Markey Street
(grey on the map) be altered to conform with the surrounding residential
zoning. |
3 |
The proposed R4 High Density Residential in
|
4 |
That the east side of Clyde Street between
Boronia and Chiswick Road become R2 Low Density Residential, with Council
officers to investigate the ability to give bonuses to development sites on
the basis that they dedicate land for future road proposals. |
5 |
The frontage to the east side of Woodville
Road between William and Clarke Streets be altered to B4 Mixed Use due to its
closeness to the TAFE and the existing development on the corner of William
Street and recognising the run down nature of existing housing stock. |
6 |
Change the area in |
7 |
Land south of Guildford Rd between Railway
Terrace, Cross St and Swift St to be amended from a height of “L” (11m) to a
height of “P” 17 metres (5 storeys). |
|
Elizabeth
Macarthur Ward Councillors |
8 |
That where dead end streets and cul de sacs
occur, such as Teale Place, North Parramatta, Wyuna Place Oatlands - no town
house or duplex development occur. |
9 |
|
10 |
Rydalmere
industrial area – we need to ensure that our zoning does not permit brothels
and the area that we as Ward Councillors, if we need to permit brothels,
would prefer them to be in the Camellia area, as it is not a residential
area, with no schools, places of worship or recreational facilities |
11 |
Parramatta
East, area between |
12 |
Council depot, |
13 |
Area proposed
as R4 along |
14 |
Block bounded
by Pemberton Street, Thomas Street, Morton Street and Victoria Road to be
zoned R2 with the exception of lots fronting Victoria Road which may remain
R3. This area to have a height limit
of “J” (12m). |
15 |
All corner
properties at intersection of |
16 |
Rydalmere
Industrial area to the south of Height along
the southern side of Victoria Road within this zone and along Brodie Street
to be amended from “M” (12m) and “J” (12m) to “P1” (18m). The remaining area west of the waterway to
have a height of “O” (15m). |
17 |
Corner of |
18 |
The proposed
draft height limit identified as “J1” (9.2m) to be amended to a height limit
of “N” (13m) in the block bounded by Prospect Street, Alfred Street, Virginia
Street and the laneway in Rosehill, |
19 |
The height
limit identified as “J1” (9.2m) to be amended to a height limit “M” (12m) in
the block bounded by Weston, Arthur, Prospect and “The Rydges” hotel,
Rosehill. |
20 |
Shops near |
21 |
That all of |
22 |
Due to the
importance of the |
23 |
That Council
undertake a Master Plan process for the land bounded by Tramway, Alfred,
River Road, James Ruse Drive, Parramatta, for the purpose of creating a more
effective land use pattern. |
24 |
Recommend RE2
private recreation zone along river foreshores. |
|
Carolyn Chisolm Ward Councillors
|
25 |
Zoning of |
26 |
That staff
commence work on preparation of amended planning controls as a future
amendment to the LEP for the |
|
Lachlan |
27 |
Include
previously adopted draft planning controls, for the Epping town centre
precinct including the draft heritage conservation area additions as well as
draft heritage items. |
|
Arthur Phillip Ward Councillors (not clear on the level of agreement
amongst ward Councillors) |
28 |
(Map 4) Department of Housing estate, R4
zone site near the intersection of |
29 |
(Map 10) - R2 zone site west of the City
Centre LEP for the area bounded by Lansdowne, Inkerman and Dixon Streets,
amend the zoning to R4, FSR limit of 0.8:1, and a height limit of 11 metres.
(Note by staff: the Landsdowne
frontage of this block forms part of a heritage conservation area). Make the balance of that proposed R2 zone
west of the City Centre LEP to R3, FSR limit of 0.8:1, and a height limit of
11 metres. (That is, townhouse format with a higher density yield). (Note by staff: this is a heritage
conservation area). Also, would like to discuss how to have
these proposed zoning changes, but with the incentives for block
consolidation such that we have the opportunity to widen streets in order to
cope with the increase in population density in terms of traffic. |
30 |
(Map 4) - the B4 zone sites on the north
and south side of |
31 |
In the definitions of land use in the LEP
document, please delete "Dual Occupancies" from the R2 zone under
the "Permitted with consent" section. |
32 |
In the definitions of land use in the LEP
document, please delete "Child care centres" from the R1 and R2
zones under the "Permitted with consent" section. (This would
render section 6.3 obsolete). |
33 |
In the definitions of land use in the LEP
document, please delete "Places of public worship" from the R1 and
R2 zones under the "Permitted with consent" section. (This means
section 6.16 will need to be consequently revised.) |
34 |
In clause 6.12(1) in the LEP document,
please change the text to "... maximum period of 28 consecutive calendar
days, in any one calendar year." |
35 |
Under Schedule 2 of Exempt Development, in
the "Advertisements" section, please delete clause "(8) Must
not be an "A" frame sign". (Note by staff: Council will need to include the provisions of the
Exempt and Complying SEPP as directed by the DoP). |
36 |
Under Schedule 1 of Additional Permitted
Uses, in page 56, under "Flagpoles", why would we want to restrict
the size of an Australian flag and the height of the pole itself? There may
be good reasons in commercial/retail/office zones where much bigger flags and
taller flagpoles are warranted, if not more desired? Could we therefore
delete clauses (1), (2) and (6)? |
Copy of the Previous
Report considered by Council on 23 March 2009 |
Outline of Informal Public Information Process
At Council’s regulatory meeting of the
That after the plan is
finally adopted by Council and sent to the Department of Planning (DoP) for a
Section 65 Certificate to enable public exhibition:
▪ That
Council undertake an informal exhibition of the plan through each Ward over the
pursuing four month period.
▪ That
a report is requested outlining the format and process of such an informal
exhibition.
▪ That
for the purpose of exhibition a method of presentation be developed by Council
which will allow easy recognition and understanding of the LEP document.
A meeting was held with Council’s legal advisor at which it was verbally expressed that Council would need to manage this process well to avoid possible confusion with the formal exhibition. The written opinion has also been received and has been referred to Councillors prior to the Council meeting.
The DoP has advised that it intends to issue a s65 certificate within 6 – 8 weeks of Council’s request and that the process for the informal exhibition should be completed before the s65 certificate certification is granted. Therefore, this report recommends a 4 week informal exhibition, rather than a 4 month process as outlined in Council’s resolution.
Council will need to clearly express that the informal information process is not a DoP endorsed public exhibition. Whilst the public is free to make submissions to Council about the information that will be on display, formal submissions will need to be made at the time of the formal exhibition.
Process for submission of draft LEP to the DoP
Council must follow a series of legislative steps to be able to submit its draft LEP. These steps are outlined below:
▪ Consider section 62 submissions from government agencies. In preparing a draft LEP, Council is obliged to consult with government authorities and public agencies. Council has undertaken this step, however if significant changes are made to the draft LEP, Council may need to revisit the submissions. Guidance will be sought from the DoP on this matter.
▪ Conduct a pre-Section 64 meeting between Council and DoP staff. The purpose of the meeting is for the DoP to identify issues it may have with the draft LEP. Council cannot submit its draft plan until it has addressed issues that arise from the pre-section 64 meeting. After the pre-section 64 meeting, Council staff may need to report to Council to advise of matters that the DoP has raised.
▪ Prepare certain information required by the DoP to accompany the draft LEP (s64 submission). This includes:
▪ revised maps, reflecting the changes adopted by Council
▪ statements of compliance with section 117 directions as to whether Council’s draft plan is consistent with State Government directions including justifications for any variations
▪ changes to exempt and complying development schedules (as directed by recent planning direction No. 09-006), and
▪ an update on Council’s housing targets.
Informal Public
Information Process
The principles for the informal information process are outlined below:
▪ That clear statements be made on all documents to indicate that the s65 certificate has not been issued and the documents and maps should not be relied upon for the purpose of making any decisions regarding property.
▪ That it is clear that the informal information process does not represent a statutory exhibition under Section 66 of the EP&A Act.
▪ That the exhibition material is presented in plain English with user friendly maps.
▪ That property owners are notified in writing.
▪ That Council support the process with information on its web site.
▪ That travelling displays with “drop in” information centres be arranged for each Ward.
Timeline
In order to incorporate an informal exhibition process and continue the progress of the draft LEP in a timely manner, it will be necessary for there to be some overlap in the process of preparing and undertaking the informal information process and the preparatory stages of the s 65 submission. Table 1 below indicates approximate times for these processes. This will impose a heavy demand on staff resources, especially in the Land Use Planning Team and the GIS mapping team in Council’s IT section and may impact on the delivery of other projects. This is due to the concurrent preparation of both the informal information process and the statutory submission to the DoP.
As the Department has indicated that consideration and determination of Council’s Section 64 submission could be done in 6-8 weeks it is recommended that the informal exhibition be conducted over a shorter period of 4 weeks. This will avoid receiving s65 certification from the DoP during the informal information process that, depending on the DoP’s response, may conflict with the information on display.
Table 1
Council adopts
draft |
Organise and conduct informal public information
process |
|
||
|
Prepare
information material (i.e. – website, letter to property owners, user
friendly maps, venues and displays etc |
Conduct informal public
information process LEP |
|
|
Approx time |
6 - 8 weeks |
4 weeks |
|
|
|
Prepare and submit draft LEP to the Department of
Planning, seeking section 65 certificate |
|||
|
Prepare
and revise draft LEP Revise maps to reflect
adopted LEP, prepare Section 64 submission to justify LEP, revise dwelling
targets if necessary |
Pre-Section
64 meeting with DoP. Advise Council of any changes DoP request to the draft
LEP. |
Submit draft LEP to
Department of Planning requesting authority to exhibit (s64 submission) |
Department of Planning
consideration and issue of section 65 certificate |
Approx time |
6 - 8 weeks |
4 weeks |
6 - 8 weeks |
Costs
The approximate costs involved in undertaking the task of preparing the draft LEP to submit to DoP and an informal information process are outlined below:
▪ In-kind labour costs of land use planning staff $75,000. GIS staff time would be additional to this.
▪ Possible creation of dedicated Council website for the information display $10,000-$15,000.
▪ Preparation of information documents, maps etc for display $5,000.
▪ Hire of premises if required $1,000.
▪ Letter to land owners with an information brochure (includes printing, posting) $40,000 - $50,000.
Legal Advice
Councillors have been provided with a copy of the legal advice prior to the Council meeting. The legal advice indicates that Council is able to carry out an informal public exhibition, but must manage this process very carefully so that it is not construed as a formal, statutory exhibition. The advice suggests the exercise is not branded as a ‘public exhibition’, and an alternative title be used. As the minimum period for a formal exhibition is 28 days, concern is raised about the proposed 4 month period and the advice recommends a period of 4 weeks for the informal information process.
The legal advice cautions that an informal exhibition has the potential to create confusion, uncertainty and misunderstanding amongst some members of the community; and further that the Minister may form the opinion that the performance of Council in dealing with the draft LEP is unsatisfactory and could appoint another body to exercise Council’s powers to prepare, exhibit and consider the draft plan.
The strong advice is that any informal information process must be completed before the commencement of the formal exhibition to avoid potential legal challenge to the validity of the public exhibition process. Further, the advice is that Council should start the informal exhibition before the draft LEP is submitted to the Department of Planning under s64.
Copy of the Previous
Report considered by Council on 23 March 2009 |
CITY DEVELOPMENT
ITEM NUMBER 8.3
SUBJECT Draft LEP
Supplementary Report
REFERENCE F2006/01198 - D01135593
REPORT OF Manager Land Use and Transport Planning
PURPOSE: This report follows a Councillor workshop on |
RECOMMENDATION (a) That
Council adopt the recommendation as contained in Manager Land Use and
Transport Planning Report as appended as Attachment 1 as previously
considered by Council at its meeting held on 15 December 2009 and
subsequently deferred to this meeting. (b) That the general agreement
reached by Councillors at the workshop on 4 February 2008, on the following
matters be considered by Council as potential amendments to the draft LEP. 1 The proposed Mixed Use B4 zone on 2 Consultation with the Department of
Housing relating to the proposed zoning regime for its land holdings in
Telopea and its relationship to its redevelopment plans to ensure a mix of
public and private housing and good urban design outcomes. 3 Consideration of replacing the proposed
Low Density R2 zone between 4 The proposed Low Density R2 zone between
John, Louis and Blaxcell Streets and The Avenue in Granville, being replaced
by a High Density R4 zone. 5. The proposed General Industrial Zone IN1
on the corners of Wellington and Clyde Roads and Rawson Road and Ferndell
Street, South Granville, being replaced by a Neighbourhood Centre B1 zone. 6 The
land between Railway Terrace, Cross Street and Swift Street, Guildford being
increased in height to 14 metres. 7 The land on the western side of 8 The High Density R4 zone in the precinct
between Pennant Street, Macarthur Street Victoria Road and the park to the
north, being replaced by a Medium Density R3 zone with corresponding height
and FSR. 9 Consideration being given to reinserting
the zoning, height and FSR controls for the Epping precinct as previously
endorsed by Council. (c) Further, that Council invite the
owner(s) of land within the industrial precinct at River West Road,
Parramatta, to discuss a process by which the rezoning of the land to allow a
mix of uses including residential, be considered. |
BACKGROUND
Council considered a report on the finalisation and adoption of the
comprehensive
(a) That consideration of this matter be deferred to
the Council Meeting to be held on
(b) That
a further workshop be held on this issue as early
as possible in February so that Councillors who wish to raise matters have the
opportunity to do so.
(c) That Councillors raise any
concerns/issues prior to the workshop being held.
(d) Further,
that in relation to the land on the eastern side of James Ruse Drive
presently shown as B5, that a report be brought forward commenting on the
submission which has been received by Council resulting out of the internal
discussions which have been held between council staff, the Department of
Planning and the applicant.
The report previously included on the agenda and deferred, is at attachment 1.
The workshop was held on
Since that workshop, Council resolved the following at it meeting on
(a) That Parramatta City Council seek to address the
finalisation of the Parramatta Local Environment Plan in a most timely manner,
and in order to give due consideration to all matters pertaining to the city’s future
character:
(b) That
a report is requested from Council’s Property Section listing all of Council’s
properties and promoting a strategy which seeks to ensure that community owned
land in Council’s ownership is not disadvantaged, and that scope is provided to
maximise the community’s future investments.
(c) That
such land will be identified and categorised so as to allow its inclusion in
the LEP, after consultation with Council.
(d) That
each Council Ward will form a ‘Working Party’ of its Councillors to review the
proposed future character of each Ward, and that where discussion is required
about land adjacent to Ward boundaries, that the Councillors of both Wards will
have equal input.
(e) That
each Ward ‘Working Party’ will deliver its outcomes to the responsible officer
by
(f) That
after the plan is finally adopted by Council and sent to the Department of
Planning for a Section 65 Certificate to enable public exhibition:
(g) That
Council undertake an informal exhibition of the plan through each Ward over the
pursuing four month period.
(h) That
a report is requested outlining the format and process of such an informal
exhibition.
(i) That
for the purpose of exhibition a method of presentation be developed by Council
which will allow easy recognition and understanding of the LEP document.
(j) Further,
that the CEO convey Council’s intentions to the Department of Planning.
Given the time lines for the preparation of reports for the Council
agenda, it has not been possible to include the further feedback sought in part
(e) of Council’s most recent resolution as described above. It is also understood that a report from
Council’s Strategic Asset Management Unit addressing part (b) of the above
resolution, will be prepared shortly for the Council’s consideration.
Marcelo Occhiuzzi
Manager Land Use
and Transport Planning
Item 7.1 - Attachment 1 |
Copy of the Previous
Report considered by Council on 23 March 2009 |
REFERENCE MATERIAL
Item 7.1 - Attachment 1 |
Copy of the Previous
Report considered by Council on 23 March 2009 |
Item 7.1 - Attachment 1 |
Copy of the Previous
Report considered by Council on 23 March 2009 |
Item 7.1 - Attachment 1 |
Copy of the Previous
Report considered by Council on 23 March 2009 |
Item 7.1 - Attachment 1 |
Copy of the Previous
Report considered by Council on 23 March 2009 |