3 October 2007

 

Dear Councillor,

In pursuance of the provisions of the Local Government Act, 1993 and the Regulations thereunder, notice is hereby given that a POLICY REVIEW COMMITTEE MEETING of Penrith City Council is to be held in the Passadena Room, Civic Centre, 601 High Street, Penrith on Monday 8 October 2007, following the Extraordinary Meeting of Council to be held at 7:30pm.

Attention is directed to the statement accompanying this notice of the business proposed to be transacted at the meeting.

Yours Faithfully

 

 

Alan Stoneham

Acting General Manager

 

BUSINESS

 

1.           APOLOGIES

 

2.           LEAVE OF ABSENCE

Leave of absence has been granted to:

Councillor Garry Rumble - 8 October 2007 to 31 October 2007 inclusive.

Councillor Susan Page - 8 October 2007 to 19 October 2007 inclusive.

 

3.           CONFIRMATION OF MINUTES

Policy Review Committee Meeting - 10 September 2007.

 

4.           DECLARATIONS OF INTEREST

Pecuniary Interest (The Act requires Councillors who declare a pecuniary interest in an item to leave the meeting during discussion of that item)

Non-Pecuniary Interest

 

5.           ADDRESSING THE MEETING

 

6.           MAYORAL MINUTES

 

7.           NOTICES OF MOTION

 

8.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

 

9.           MASTER PROGRAM REPORTS

 

10.         URGENT REPORTS (to be dealt with in the master program to which the item relates)

 

11.         QUESTIONS WITHOUT NOTICE

 

12.         COMMITTEE OF THE WHOLE


POLICY REVIEW COMMITTEE MEETING

 

Monday 8 October 2007

 

table of contents

 

 

 

 

 

 

meeting calendar

 

 

confirmation of minutes

 

 

master program reports

 


 

 

 

 

 

 

 

MEETING CALENDAR

February 2007 - December 2007

 

 

TIME

FEB

MAR

APRIL

MAY

JUNE

JULY

AUG

SEPT

OCT

NOV

DEC

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Ordinary Meetings

7.30 pm

12

5

 

7v

25*

2

 

3ü

15

5

3

 

26

23

28

 

23

13

24^

 

 

17

Policy Review Committee

7.30 pm

 

12

2@

 

4

9

 

10

8

19#

10

19#+

 

30

21#

 

30

20#+

 

29@

 

 

 

#    Meetings at which the Management Plan ¼ly  reviews are presented.

^     Election of Mayor/Deputy Mayor [only business]

#+  General Manager’s presentation – half year and end of year review

@   Strategic Program progress reports [only business]

v   Meeting at which the Draft Management Plan is adopted for exhibition

ü    Meeting at which the 2006/2007 Annual Statements are presented

*     Meeting at which the Management Plan for 2007/2008 is adopted

 

 

-                 Council’s Ordinary Meetings are held on a three-week cycle where practicable.

-                 Extraordinary Meetings are held as required.

-                 Policy Review Meetings are held on a three-week cycle where practicable.

-                 Members of the public are invited to observe meetings of the Council (Ordinary and Policy Review Committee).  All meetings start at 7:30pm.

-                 Should you wish to address Council, please contact the Public Officer, Glenn McCarthy on 47327649

 

 



UNCONFIRMED MINUTES

 OF THE POLICY REVIEW COMMITTEE MEETING OF PENRITH CITY COUNCIL HELD IN THE PASSADENA ROOM, PENRITH

ON MONDAY 10 SEPTEMBER 2007 AT 7:38PM

PRESENT

His Worship the Mayor Councillor Pat Sheehy AM, Councillors Jim Aitken OAM, Kaylene Allison, David Bradbury, Lexie Cettolin (arrived 7:44pm), Kevin Crameri OAM, Greg Davies (arrived 7:44pm), Mark Davies, Ross Fowler, Jackie Greenow, Karen McKeown and John Thain.

 

APOLOGIES

PRC 84  RESOLVED on the MOTION of Councillor Ross Fowler seconded Councillor Karen McKeown that apologies be received and accepted from Councillors Lexie Cettolin, Greg Davies, Garry Rumble, Susan Page and Steve Simat.

 

 CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 20 August 2007

PRC 85  RESOLVED on the MOTION of Councillor Ross Fowler seconded Councillor Karen McKeown that the minutes of the Policy Review Committee Meeting of 20 August 2007 be confirmed.

 

DECLARATIONS OF INTEREST

 There were no declarations of interest.

  

MASTER PROGRAM REPORTS

 

Leadership and Organisation

 

7        Penrith City Council Customer Survey 2007                                                                    

Mr Simon Pomfret, Executive Director of IRIS Research gave a presentation on the results of the Penrith City Council Customer Survey 2007.

Councillors Lexie Cettolin and Greg Davies arrived, the time being 7:44pm.

Councillor Greg Davies left the meeting, the time being 8:14pm.

Councillor Greg Davies returned to the meeting, the time being 8:18pm.

PRC 86  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Kaylene Allison

That:

1.   The information contained in the report on the Penrith City Council Customer Survey 2007 be received

2.   A further report be provided on the responses to key areas identified by the survey.

 

 

 

 

1        Alignment of the Organisation                                                                                           

Councillor Jim Aitken OAM left the meeting, the time being 8:26pm.

PRC 87  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Kaylene Allison

That:

1.     The information contained in the report on Alignment of the Organisation be received

2.     The initiatives and changes to staff establishment as outlined in the report be endorsed.

 

The City as a Social Place

 

2        Community Assistance Program                                                                                        

Councillor Jim Aitken OAM returned to the meeting, the time being 8:28pm.

PRC 88  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Greg Davies

That:

1.     The information contained in the report on Community Assistance Program be received

2.     The eligibility and assessment criteria are included in any advertising and documentation about the annual Community Assistance Program

3.     Council approve an increase in the maximum individual Community Assistance Program grant from $1,000 to $1,200

4.     Delegated authority is granted to the General Manager to apply the eligibility and assessment criteria to individual Rolling Component requests without the requirement for a Council report on each application

5.     A six monthly report be provided to inform Council of the approved Rolling Component applications

6.     The Draft 2007 Community Assistance Program policy be adopted and included in the Council Policy Register.

 

3        North Penrith Urban Area                                                                                                  

A MOTION was moved by Councillor Jim Aitken OAM seconded Councillor Ross Fowler

That:

1.     The information contained in the report on North Penrith Urban Area be received

2.     Council support the ‘Strategic Objectives’ jointly prepared with the Department of Planning, as Council’s revised set of strategic planning objectives for the North Penrith Urban Area and seek for those to form part of the Department of Defence’s sale documentation

3.     Council write to the Department of Defence seeking the opportunity to be consulted on future proposals and the site development criteria for the North Penrith Urban Area prior to a preferred tenderer being selected.

 

PRC 89  An AMENDMENT was MOVED by Councillor David Bradbury seconded Councillor John Thain:

That:

1.     The information contained in the report on North Penrith Urban Area be received

2.     The matter be deferred to allow a further report to be brought to Council providing a detailed break-down on the points of difference between the previous position agreed to by Council and the current proposed planning objectives.

On being PUT to the meeting, the AMENDMENT was CARRIED and on becoming the MOTION was also CARRIED.

 

 

4        Rezoning Application to amend Employment Zone - Waterside Estate, corner of Cranebrook and Andrews Roads, Cranebrook                                                                                      

PRC 90  RESOLVED on the MOTION of Councillor Kaylene Allison seconded Councillor Greg Davies

That:

1.     The information contained in the report on the Rezoning Application to amend Employment Zone - Waterside Estate, corner of Cranebrook and Andrews Roads, Cranebrook be received

2.     Council progress the expansion of permissible land uses in the employment zone of the Waterside Estate through Penrith Local Plan 2008 and Penrith Development Control Plan 2008, as outlined in the report

3.     Council advise Stockland of the key issues identified in the report that need to be addressed in progressing the concept plan for the site and prior to lodging any development application.

 

Leadership and Organisation

 

5        Service Specification Program                                                                                           

PRC 91  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM

That :

1.      The information contained in the report on Service Specification Program be received

2.      The service specification for the Traffic and Parking Management Service be adopted

 

3.      The service specification for the Recreation and Cultural Programs Service be adopted.

 

6        Investment Policy                                                                                                               

PRC 92  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown

That:

1.     The information contained in the report on Investment Policy be received

2.     That the Investment Policy is updated to include the condition that all CDO’s must be rated AA- or better at the time of purchase.

 

 

There being no further business the Chairperson declared the meeting closed the time being 8:58pm.

    


 

Item                                                                                                                                       Page

 

 

The City in its Broader Context

 

1        Penrith City Centre Plan

 

2        Draft Penrith Local Environmental Plan 2008 - Stage 1 and Penrith Development Control Plan 2008

 

3        Draft Penrith Local Environmental Plan 2008 - Stage 1 (Industrial Lands)

 

4        Draft Penrith Local Environmental Plan 2008 - Stage 1 (Southern Rural Lands)

 

5        Draft Penrith Local Environmental Plan 2008 - Stage 1 (Northern Rural Lands)

 

6        Draft Penrith Local Environmental Plan 2008 - Stage 1 (Heritage Items)

 

7        Draft Penrith Local Environmental Plan 2008 - Stage 1 (St Marys Town Centre)

 

8        Draft Penrith Local Environmental Plan 2008 - Stage 1 (Proposed Reclassification of Public Land)

 

The City as a Social Place

 

9        South Werrington Urban Village - Draft Local Environmental Plan and Draft Amendment to Penrith Development Control Plan 2006

 

10      Glenmore Park Stage 2 - Public Exhibition of Draft Local Environmental Plan and Penrith Development Control Plan Amendment

 

11      Draft Penrith City District Open Space Facilities Development Contributions Plan

 

The City In Its Environment

 

12      South Creek Corridor Precinct Plan and the Gipps St site Master Plan

   

Leadership and Organisation

 

13      Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors

 

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


The City in its Broader Context

 

Item                                                                                                                                       Page

 

1        Penrith City Centre Plan

 

2        Draft Penrith Local Environmental Plan 2008 - Stage 1 and Penrith Development Control Plan 2008

 

3        Draft Penrith Local Environmental Plan 2008 - Stage 1 (Industrial Lands)

 

4        Draft Penrith Local Environmental Plan 2008 - Stage 1 (Southern Rural Lands)

 

5        Draft Penrith Local Environmental Plan 2008 - Stage 1 (Northern Rural Lands)

 

6        Draft Penrith Local Environmental Plan 2008 - Stage 1 (Heritage Items)

 

7        Draft Penrith Local Environmental Plan 2008 - Stage 1 (St Marys Town Centre)

 

8        Draft Penrith Local Environmental Plan 2008 - Stage 1 (Proposed Reclassification of Public Land)

 

 



Policy Review Committee Meeting

8 October 2007

The City in its Broader Context

 

 

The City in its Broader Context

 

 

1

Penrith City Centre Plan   

 

Compiled by:                Liza Cordoba, Acting Local Plan Co-ordinator

Authorised by:             Ruth Goldsmith, Acting Director - City Strategy   

Strategic Program Term Achievement: Penrith City Centre provides a comprehensive range of economic and human and lifestyle services to Outer Western Sydney and Central Western New South Wales.

Critical Action: Develop and implement contemporary planning controls to support the delivery of the Penrith City Centre Strategy.

     

Purpose:

To provide Council with information regarding the issues raised in submissions received to the exhibited draft Penrith City Centre Vision, Local Environmental Plan, Development Control Plan and Civic Improvements Plan, and to advise Council of the changes made to the draft plans.  The report recommends that Council endorse the appended revised draft Penrith City Centre Vision, Local Environmental Plan, Development Control Plan and Civic Improvements Plan.  It is also recommended that Council request the Minister for Planning to make the Penrith City Centre Local Environmental Plan and Penrith City Centre Civic Improvements Plan.

 

Background

The Regional Cities Taskforce, together with Council staff, prepared the suite of four planning documents (a Vision, Local Environmental Plan, Development Control Plan and Civic Improvements Plan) for the Penrith City Centre late last year.  The draft plans were exhibited for over two months, until 15 February 2007.  A briefing was provided to Councillors on 18 June 2007, summarising the issues and key matters raised during the exhibition period.

 

Several months ago, the Minister and the Taskforce agreed to provide Council with the time needed to properly work through the issues raised in submissions to the draft plans, particularly those relating to the key sites.  This has been the focus since then, however recently the Taskforce has indicated that the Minister is now seeking to finalise the process.

 

The purpose of this report is to provide an update on the approach to matters relating to the key sites and the changes made to the draft plans, so that the draft Vision, draft Local Environmental Plan (LEP), draft Development Control Plan (DCP) and draft Civic Improvements Plan (CIP) can be finalised for now.

 

The timeframes for the Penrith Local Environmental Plan (the Local Plan) mean that there will be opportunities over the next year to assess how the gazetted Penrith City Centre LEP planning controls are working, and whether they need to be reviewed or amended as part of the process of incorporating the Penrith City Centre LEP into the broader Citywide Penrith Local Plan.  The draft Penrith City Centre LEP was prepared generally in accordance with the Standard LEP Template, and the draft Civic Improvements Plan functions as a Section 94 Contributions Plan.

 

The four draft planning documents were initially exhibited from 28 November 2006 to 2 February 2007.  The exhibition was subsequently extended until 15 February 2007.  Documents were on display at Council’s Civic Centre and Library in Penrith, and were also available on Penrith City Council’s website and the Department of Planning website.  Notification of the exhibition was sent to all landowners and businesses within the City Centre, informing them of the exhibition and inviting them to make a submission.  Submissions were received by mail, as well as through an email address set up specifically for the exhibition period.

 

In response to the exhibition, a total of 39 submissions were received, from public authorities (8), professional groups and organisations (6), and individuals and land owners (25).  Council staff also provided comments on the draft LEP, DCP and CIP.

 

The submissions received were forwarded to the Department of Planning for the Taskforce’s review.  A number of workshops were subsequently held with the Taskforce to discuss the issues raised in submissions, and the additional comments provided by Council staff.  In general, a consensus was reached on most matters.  Some questions raised by Council staff related more to the mandatory provisions and clauses of the Standard LEP Template, and were the subject of further consideration by the Department’s Planning Reform branch.

 

Most submissions expressed general support for the Penrith City Centre Plans, and several encouraged a continuing process of consultation.  The specific issues raised in the submissions related to:

·        The existing parking in the city centre is already considered to be inadequate, and concerns were raised with the potential future loss of parking, particularly the proposal to convert the Allen Place parking area into a Civic Square and Central Park

·        The State Government transport system is inadequate to achieve the desired outcome and vision for the City

·        A need for more parks and open space areas in the City Centre

·        The need for affordable and adaptable housing to encourage a diversity of housing forms in the City

·        Comments on the land use tables and wording of clauses in the exhibited draft LEP, the provisions in the exhibited draft DCP, and the exhibited draft CIP, including the economic viability of the proposed redevelopment opportunities

·        The area covered by the exhibited draft Plan is inadequate, as it does not include the North Penrith Army Land

·        Specific comments relating to the Key Sites and precincts (the Centro Nepean / former ‘Panasonic’ precinct, the Mitsubishi / Hyundai Sinclair site / corner of Mulgoa Road and High Street precinct, and Westfield Penrith Plaza).

 

Response to submissions – Individuals and Landowners

1.    Transport and Parking

16 of the 25 submissions raised transport and parking issues, with a major focus on the inadequacy of public transport and the need for a commitment now to improving both the service between Penrith and the Sydney CBD, and between Penrith and other regional centres.  There were also comments made about reducing car parking in the City Centre to encourage public transport use, concerns raised about the lack of detail provided regarding proposed transport works, and the lack of provision for cycleways.

 

Concern was also expressed that parking is already inadequate in the City Centre, and the proposal to convert Allen Place to a Civic Square and Park will exacerbate this problem and generate the need in future for paid parking.

 

Comment

Council’s Integrated Transport and Land Use Plan, which is currently underway, should contribute information to support Council’s advocacy activities regarding needed improvements to public transport.  The adopted Penrith City Centre Strategy also identifies the need for an Access and Transport Strategy, which is intended to be progressed over the next twelve months.  This will include the identification of cycleways and a pedestrian hierarchy network through the Centre.  The current Ministry of Transport’s review of the City’s two bus corridors should also inform future transport options.

 

Public parking throughout the Centre needs to be provided and managed to ensure that the needs of all users are met.  This will include the construction of a number of decked car parks in strategic locations (eg Soper Place and Union Road), applying different time limits in different areas, and also providing safe all-day parking, and commuter parking.  It is anticipated that over a number of years, paid parking will be introduced, as it has in Parramatta and the Sydney CBD.  The proposed shuttle bus service will add to the effectiveness and accessibility of the parking system.

 

Clearly, additional parking will need to be provided prior to the redevelopment of Allen Place as a new City Square and Central Park.  There may also be an opportunity to provide parking around or under the park, and this will be explored when the detailed designs are progressed.

2.    Parks and Open Space

One submission expressed concern that there was insufficient open space in the City Centre, and that additional land, including a large proportion of the North Penrith Army Land, should be allocated to providing additional parks.

 

Comment

The public consultation process for the Penrith City Centre Strategy indicated the need for additional civic spaces and parks in the City Centre.  The exhibited plans have responded to that issue in identifying the new City Square and Central Park in Allen Place, together with enhancements to Memory Park and Judges Park.

 

Open space is critical to the proper function and amenity of any major centre, and the draft plans identify existing and proposed parks, together with existing large open space areas, including Woodriff Gardens and Weir Reserve, that link the City Centre and the Nepean River.  Opportunities to ‘green’ the City Centre, by encouraging rooftop gardens and recreational areas on carparking and other structures, will also enhance the character and amenity of the Centre.

 

At present, the North Penrith Army land is not part of the City Centre and has not been included in the draft LEP.  Council has gone through an exhaustive planning process for the North Penrith Army land, and has an adopted LEP and DCP which provide the planning directions for the site.  It is anticipated that discussions will be held with the new owners, regarding future land uses, when the Department of Defence concludes its sale process.

3.    Adaptable and affordable housing

One individual submission expressed support for a proportion of all new multi-unit housing to be adaptable.  Two public agencies (NCOSS and Department of Housing) also supported the implementation of an affordable housing policy.

 

Comment

The need for housing diversity across all areas of the City, to ensure that appropriate housing is provided for various family types, is recognised.  The need for adaptable and affordable housing specifically is a part of achieving overall housing diversity, which is also a critical part of the social aspect of sustainable development.

 

At this stage, there is insufficient knowledge about affordable housing in the City to guide the specific wording of planning provisions in the draft LEP.  Any such provisions would need to achieve the objective of increasing the provision of affordable housing, and also comply with the overall aims of the LEP and the legal limitations of the Environmental Planning and Assessment Act.  There is one residential zone (Zone R4 High Density Residential) proposed in the City Centre, and it includes an objective stating ‘To encourage the provision of affordable housing’.  The preparation of a policy on affordable housing will be one component of the Residential Strategy review, which is planned to commence later this year.

4.    Adjacent Areas

Four submissions made comments regarding the lack of development on the North Penrith Urban Area to date, the need for a link with the City Centre, and the potential for this site to be used as a park.  Concern was also expressed that the area included in the Penrith City Centre planning documents is inadequate to facilitate the economic growth required.

 

Comment

The North Penrith Army land is not included in the draft plans as part of the City Centre, although it is recognised as a key peripheral site, along with others such as Panthers and Riverlink.  The timeframe for the Taskforce’s plans limited opportunities to consider, in detail, the planning for these key neighbouring sites, and it was considered more appropriate to progress the separate planning processes within the context of Penrith as a Regional City.

 

The development of the North Penrith site is not within Council’s control, and cannot be influenced by this suite of planning documents.  As noted above, Council has undertaken an extensive planning process for this land, and has an adopted Local Environmental Plan and Development Control Plan which established the planning directions for this site.  It is recognised that these plans are now a few years old, and further discussions will be held with the new owners regarding the site’s current role as a key site adjacent to the City Centre.

 

The City Centre area is considered appropriate to achieve the development outcomes required to initially meet employment targets within a City Centre core.  It is recognised, however, that the Metropolitan Strategy identifies a 2km radius for a Regional City, and over the next two years the areas adjacent to the City Centre will be reviewed (generally as part of Council’s Local Plan process) to determine appropriate development and land use outcomes.

5.    Consultation

Five submissions encouraged consultative approaches, and suggested that consultation with the community, through a range of mechanisms, needs to continue through implementation of the plans.

 

Comment

Council will continue to involve the City’s communities in ensuring the Vision for the Penrith City Centre is implemented.  The individual mechanisms to be used to achieve this will change, depending on the basis for the consultation (eg public art).  It is anticipated that the next opportunity for additional community consultation will be when Stage 2 of the Penrith Local Environmental Plan, which will incorporate the Penrith City Centre planning controls, is exhibited next year.

6.    Vision

A number of submissions questioned whether the draft planning documents were sufficient to implement the Vision for the City Centre.  One submission reviewed the draft plans on the basis of sustainability principles, and suggested that the role of Penrith as a regional centre could be better defined, and that there should be a stronger focus on how the City interacts and links with surrounding areas and its region.

 

Comment

Consideration of Penrith’s role as a regional centre was a focus of Council’s City Centres review, and that analysis, together with the adopted Penrith City Centre Strategy, provides the basis for moving forward within a policy framework.

 

The implementation of the Plan is already being considered, and the need for a Centres Place Manager and implementation team has been recognised.  Marketing strategies have already been developed, and a prospectus is being prepared by the Local Economic Development Program Manager.

 

Council will also continue to lobby the State Government and its agencies to contribute to improving transport, and providing the necessary infrastructure and services that will support the City Centre and encourage other development.

7.    LEP (land uses, zones, specific development clauses, general)

Ten submissions addressed LEP matters, including a number of comments about perceived inconsistencies in the land use tables, and the inclusion of some uses as permissible which appeared to be in conflict with the intention of the zone.  A concern was also raised about the lack of zone objectives relating to sustainable development.

 

Questions were raised over the purpose, wording and operation of clauses relating to architectural roof features, minimum building street frontages, ground floor development, building separation, ESD, floor space ratio and building height.  Several of these comments were aimed at increasing the development potential of individual sites.

 

A number of concerns also related to the conflict between building envelope controls and floor space ratio controls, the potential for conflict between creating active street frontages and vehicle manoeuvring and loading / unloading, the economic viability of the development proposed, and questions regarding the land included in the plans.  There was also an issue raised as to how land uses which currently do not require consent will be managed when they do require consent (restricted premises were cited as an example).

 

Comment

Council staff recommended to the Taskforce that a zone objective, covering the principles of sustainable development, should be included in each zone, and that the zone objectives should be generally strengthened.  It has since been agreed that sustainability should be included as an overall aim of the plan, and the draft LEP has been modified accordingly.  The range of land uses in each zone has been further discussed and agreed with the Taskforce.

 

One submission sought to amend the commercial core zone to allow mixed uses, however it is considered that the areas identified are appropriate to ensure capacity for the needed range of land uses, and to encourage investment in both commercial and residential development.

 

Concerns were also raised about the impact of the proposed commercial building heights along Belmore and North Streets, and the proposed higher density residential development.  It was argued that there was sufficient land beyond the City Centre to accommodate additional residential and commercial land uses.  This approach, however, does not generate the higher levels of activity and mix of land uses to create a vital and vibrant Centre.

 

The Taskforce engaged Mike Collins and Associates to review the economic viability of the six cities’ draft plans, and has indicated that generally the feedback has been positive.  The LEP will be subject to periodic review to ensure that the planning controls remain appropriate and relevant, and work towards achieving the vision for the Penrith City Centre.

8.    Development Control Plan

Eight submissions identified concerns with modelling the proposed built forms, developer incentives for providing pedestrian links, and the mechanics of waste management and collection, particularly for mixed use developments.  Issues relating to the provisions for building separation, water and energy conservation and universal design were also raised.

 

Comment

A number of changes to the DCP provisions, to improve their operation and clarity, including revision of the chapter relating to sustainable development, have been discussed with the Taskforce.  These amendments address many of the issues raised above, although incentives for developers to provide pedestrian links are beyond the scope of the DCP, and need to be considered separately.  The Taskforce had indicated the majority of these changes will be incorporated into the final plan.

 

Council has also suggested that additional modelling needs to be undertaken to ensure that the provisions in the DCP adequately protect solar access, and do not result in development that otherwise impacts on the amenity of the City Centre.

9.    Civic Improvement Plan

A number of submissions suggested that more detailed information should be included in the plan, particularly with regard to the works proposed and the associated costing.  Some concerns were raised about the level of contributions and hence the negative economic effect on proposed development.  Panthers is required to pay contributions under the draft CIP, and has sought to be excluded from the draft plan.

 

Comment

The Civic Improvement Plan identifies where contributions will be spent and describes the proposed projects. Concerns regarding the level of contributions have also been raised in the other regional cities. The matter certainly deserves further consideration.  Completing the more detailed precinct plans over the next year or so will be the catalyst for reviewing the contributions plan.  The Minister should be advised that, should the draft plan be endorsed now, this matter will soon need to be re-examined.

 

The extent of the proposed works in the draft CIP initially reflected the 2 kilometre radius defined by the Metropolitan Strategy for a Regional City.  The CIP projects were subsequently reviewed to only focus on works within the City Centre.  In future, as the plan is reviewed, it is anticipated that the plan boundaries would also be reviewed, with a likelihood that they would be extended over time to reflect the broader Regional City.  Panthers and North Penrith, both of which are outside of the plan’s current boundaries, have been removed from the CIP map, and will not required to pay contributions under the amended draft plan.

10.  Key sites and precincts

Eleven submissions, from individuals, organisations and the landowners, focussed on key sites in the City Centre.  The submissions identified issues relating to development potential, land uses, building heights, FSR and design.  These matters have been the subject of further detailed discussions and workshops, involving the Taskforce, Council staff, and the respective landowners.  This time has enabled a focus on pursuing more detailed economic analyses, exploring urban design options, considering views and amenity, and examining the potential for additional road / pathway links through sites.

 

In addition to formal submissions, there have also been a number of active development enquiries during the exhibition process.  The enquiries indicate that there are proposals in various stages of evolution, and discussions will need to continue to ensure that they can be accommodated either now, or in the next twelve months when the City Centre LEP is incorporated into the Penrith Local Plan.

 

It is considered that the exhibited draft plans appropriately reflect Council’s adopted Penrith City Centre Strategy and, as such, the key focus for now is to support the finalisation of the revised draft plans so that development can be based on contemporary and relevant planning controls.  This will provide certainty for the development and business industries.

 

The significant issues relating to each key site, which have been the focus of our recent discussions, are outlined below.

 

i)     Westfield Penrith Plaza

Westfield’s submission indicates general support for the draft plans, and suggests that, as Penrith Plaza is the ‘key anchor for the future development of Penrith’, all opportunities should be explored to encourage and improve the engagement of Westfield owned land with the new town square and historical retail and commercial activities of the City Centre.  The submission expresses no concerns about the proposed zoning or permissible land uses.

 

The specific issues relating to the Westfield site are the Floor Space Ratio (FSR) and Building Heights identified on the draft LEP maps.  Westfield has expressed concerns with the planning controls remaining at the current 1:1 FSR, and argues that an increase to a 2:1 FSR (which is consistent with other retail centres in Sydney) would enable the centre to continue to develop in an appropriate manner into the future.

 

Similarly, Westfield is seeking an increase in the building height (from the 20 metres proposed in the draft LEP) to 26 metres, which ‘would provide for both a future retail level and 3 car park levels on top of the existing shopping centre’.

Comment

Council has, over many years, established effective working relationships with major landowners to work through their future proposals as they develop.  This often takes several months or even years, during which time new design responses can emerge, and opportunities are provided for robust debate regarding the consequential impacts (social, environmental and economic) of specific proposals.  This approach ensures a mature and contemporary consideration of proposals, in the context of current market and economic cycles.

 

Westfield has indicated that the next planned expansion of the site is likely to be in 5 – 10 years.  Consistent with Westfield’s submission, it is agreed that opportunities to improve the engagement of Westfield with High Street, and the City Square and City Park, should be strongly encouraged as Westfield’s plans are developed.

 

The extent to which Council considers support for increases to FSR and height controls has been properly governed, in the past, through its consideration of the specific development proposal, and the impacts and benefits it might bring to the City Centre.  Both Council officers and the Cities Taskforce are, at present, hesitant to support any proposed increase in FSR and building height until such time as the next iteration of expansion is confirmed and ‘tested’ with the City’s business and broader communities, through a rezoning and public exhibition process.

Outcome

The definition regarding floor space calculations has been revised in the DCP, in that 50% of parking area that is located above ground will now be included as floor space.  Westfield’s FSR has therefore been revised to 1.5:1 to recognise the effect of the revised definition on the existing development footprint.  Centro Nepean’s FSR has been similarly adjusted so that the same FSR is applied to both centres.  The building height is proposed to remain as exhibited (20 metres), pending further discussions regarding Westfield’s future expansion plans.

 

In the Penrith City Centre Vision document, an additional ‘Future Action’ (No. 20) has been included to express Council’s commitment to ensuring Westfield’s proposed directions are recognised in the appropriate planning processes in future, and acknowledge that Council encourages further dialogue regarding Westfield’s expansion plans.  Council has also requested that the Taskforce continue participating in these ongoing discussions.

 

ii)    Centro Nepean

Centro’s submission indicates general support for the draft plans, and suggests that the centre has the potential to play a major role in the ongoing development of Penrith.  The submission expresses support for the proposed zoning and potential for future additional retail activities, the concept of pedestrian links through the site, environmental performance criteria, and public domain improvements.  The submission also comments on the proposed Civic Improvements Plan, contributions rate and basis for calculations, and encourages the effective provision and management of parking to ensure that there is no impact from adjacent residential development.

 

Centro has indicated that it intends to remain a single level shopping centre, to retain its status as a convenience based centre, and this fits comfortably within the 2:1 Floor Space Ratio (FSR) and the 20 metre building height as indicated in the exhibited draft LEP.

Comment

Centro has participated in a number of workshop sessions with Council staff and the Taskforce, to consider the broad principles of future development in this precinct and specific issues relating to expanding the retail activities on the site.  The opportunity to expand northward into the Reserve Street precinct has been discussed with both Centro and the Taskforce, and their submission to the draft plans reflects that future potential.

 

The FSR proposed in the exhibited draft LEP has raised equity issues.  It was proposed in discussions that the FSR for Centro should be reduced to 1:1, consistent with that initially proposed for Westfield.

Outcome

Westfield’s FSR has been revised to 1.5:1 to recognise the effect of the revised carparking definition on its existing development footprint.  Centro Nepean’s FSR has been similarly adjusted so that the same FSR, of 1.5:1, is applied to both centres.  This will be shown on the FSR map in the revised draft LEP.

 

Similarly, the Penrith City Centre Vision document has been revised to express Council’s commitment to ensuring Centro’s proposed directions are recognised in the appropriate planning processes in future, and encouraging further dialogue regarding Centro’s expansion plans.

 

iii)  Former ‘Panasonic’ site (Parkview)

Parkview’s submission indicates general support for the draft plans, including the land uses and zoning provisions.  The specific issues relating to the Parkview site are the proposed 1.6:1 FSR and building heights identified on the exhibited draft LEP maps, and the mix of land uses proposed for the northern end of the site.  Parkview has expressed concerns with the economic feasibility of limiting residential buildings to 6 – 8 storeys, and contends that a significant commercial building is required to activate the northern precinct during the day, and to deliver the funding needed to sustain the project.  Parkview’s submission argues that:

·        the FSR should be increased to 2:1 and the central park should retained

·        the residential development should have at least one or more taller buildings (recent discussions have suggested two buildings of up to 16 and one of up to 14 storeys)

·        a commercial building of up to 8,000 m2 (8 – 10 storeys) should be supported, and

·        the proposed hotel should be 16 storeys to enable it to be a visible ‘icon’.

Comment

This site, unlike others in the City Centre, emerged as an opportunity late in the context and planning process of the Penrith City Centre Strategy.  The landowner submits that the site needs a dramatic urban form to, in effect, create a landmark development for differentiation and marketing.  Parkview has always made the point that diverse land uses would need to be accommodated on the site, as a stand-alone residential scheme exposes them to too great a financial risk.  Whereas the extent of the ‘mixed uses’ was only discussed earlier in general terms, the specific land uses have been identified through the draft LEP, and have been the subject of recent discussions.

 

Parkview has participated with Council staff and the Taskforce in a number of workshop sessions to consider specific elements of the proposal, and discuss urban design and economic issues.  In this regard, the proposed hotel and associated land uses (eg conference facilities, ancillary commercial and retail activities) are strongly supported, and agreement has been reached about their location at the northern end of the Parkview land, adjacent to Centro Nepean, that focuses on a mix of land uses.

 

The specific matters that are still under discussion are the heights of the 1 or 2 taller residential buildings and the scale of the proposed commercial development.  The proponents continue to argue for both the taller buildings (needed to create a point of difference), and for a significant commercial building to assist with the feasibility of the project.  The Taskforce’s current advice supports an urban form of 6 - 8 storey buildings, however there has recently been some preparedness to consider a couple of taller buildings (eg the hotel).

 

Council’s independent analysis of the economic feasibility does not support Parkview’s arguments for the taller residential buildings or the commercial building.  Notwithstanding this response, Parkview argues that its financial exposure for this scheme compels it to persist with the proposal it has put forward.

Outcome

It is proposed to revise the FSR for the site to 2:1, which will be shown on the revised FSR map in the LEP.

 

It is proposed to permit additional uses (with Council consent) on the northern section of the site (the hotel accommodation, commercial and some retail activities).  Council, at its briefing session of 18 June 2007, indicated support to broaden the range of land uses providing those uses were located in the northern section of the site immediately adjacent to Centro Nepean, including support ‘in principle’ for a 16 storey hotel.  These additional uses will be listed in Schedule 1 of the revised LEP, with specified limits for the overall areas of each of the activities.

 

In this regard, Parkview has since revised their initial request for 8,000m2 of commercial floorspace area, and subsequently asked that Council consider floorspace areas of 20,000m2 each for the hotel and conference facilities, the commercial activities, and the retail activities.  To provide an example of the extent of this area, Centro Nepean’s nett lettable retail floorspace currently measures close to 20,000m2.  After further discussions, Council officers, in consultation with the Taskforce, proposed to list additional permitted uses that could locate on the northern section of the property (which is approximately a quarter of the overall site area) as follows:

·        ‘business premises and office premises, but not sex services premises, comprising a maximum gross floor area of 20,000m2

·        ‘hotel accommodation, and may include ancillary conference facility, comprising a maximum gross floor area of 20,000 m2

·        ‘retail premises comprising a maximum gross floor area of 3,000 m2’.

 

The proponents have also requested that an ‘entertainment facility’ be included in the additional uses, as there is some interest in establishing a hall for activities, such as dance, on the site.  This use has been included, however, the details of this proposal would be subject to consideration through a development application.

 

Council officers have also advised Parkview that a precinct plan that demonstrates more detail for the northern precinct, especially the proposed commercial and retail components, is required as soon as possible, to establish some certainty about the proposal.

 

Similarly, the Penrith City Centre Vision document has been revised to express Council’s commitment to ensuring Parkview’s proposed directions are recognised in the appropriate planning processes in future, and encouraging further dialogue regarding its development plans.

 

iv)   Mitsubishi

The proponent’s submission indicates general support for the draft plans, including the land uses and zoning provisions.  The preliminary proposal for the site involves mixed use development, which is permissible under the draft plan.

 

The specific issue relating to the Mitsubishi site is the proposed building height of 12m (representing 3 storeys) in the exhibited draft LEP maps.  The submission has expressed concerns with the economic feasibility of the proposed building heights, and suggested a retail / commercial / residential building of 12 storeys.

Comment

It should be noted that, in earlier discussions with the Taskforce in preparing the draft plans, the proposed 3 storey height limit was not intended to apply across the whole site.

 

The proponent and their consultant team have participated with Council staff and the Taskforce in a number of workshop sessions to consider specific elements of the proposal and discuss urban design and economic issues.  The proponent’s initial design responded to Council’s identification of issues, such as the views, however through further discussions with the Taskforce, an alternative design solution has emerged.  The proponent has now revised the plans to propose an 8 storey building on the site.

Outcome

In recent discussions with the proponent and the Taskforce, support was generally expressed to increase the building height to 24m, and include this site as part of the adjoining ‘key site’ precinct in the LEP.  This is reflected in the revised draft LEP maps regarding Building Heights and Key Sites.

 

The proponents intend to lodge a development application with Council when the LEP is gazetted.  The requirements for a design competition and design excellence will apply to the proposed development, which presents a key opportunity to demonstrate how the principles outlined in the LEP and DCP may be achieved, and the aims of the Vision realised.  The proponent has been strongly encouraged to use the provisions of the Penrith City Centre LEP to support any further built form variation that is needed to ensure a viable and quality development outcome for the site, and continue discussions with Council officers.

 

Submissions by Public Authorities

Submissions from eight (8) public authorities were received and considered by Council.  Where it has been able to, Council has indicated changes to the revised Plan.  Other matters are yet to be resolved with the agencies, and these are detailed below.

 

1)         Council of Social Service of NSW (NCOSS)

NCOSS supports the Plan, and welcomes the employment target of 10,000 new jobs and encourages this to be translated into action.  It notes there are very few dwellings currently in the City Centre and supports more housing and mixed use development being located in the City Centre to achieve a vibrant and interesting centre which operates, and is safe, at all hours.  NCOSS recommends a more explicit process to implement affordable housing opportunities in the City, and suggests that Council, NGO stakeholders and the Department of Housing prepare an Affordable Housing Strategy for the City Centre with a target of 10% of new dwellings being designated as affordable housing.

 

Comment

Council recognises the need for adaptable and affordable housing as a way of achieving overall housing diversity, given this is a critical part of the social aspect of sustainable development.  At present, Council is investigating ways for affordable housing delivery and provision in the City.  It is envisaged that a policy on affordable housing will be one component of the Residential Strategy review, which is planned to commence later this year.

 

As Stage 2 of the Penrith Local Plan incorporates the outcomes of the Residential Strategy review (not yet commenced) and the Penrith City Centre Plan, there may be opportunity to review the future delivery of affordable housing across the City.

 

2)         Blue Mountains City Council (BMCC)

BMCC supports the emphasis on sustainable development through energy efficient building design, improving public transport opportunities and reduced car dependence.  Additionally, any proposed population growth of the City should be aligned with improvements in public transport services, particularly train services between Penrith and Sydney, so that additional pressures are not placed upon Blue Mountains services.

 

Comment

Council recognises that public transport improvements go hand in hand with other infrastructure improvements in the City that, in turn, will deliver the investment and development opportunities in the City Centre.  Council is finalising its Integrated Transport and Land Use Strategy, and will contribute information to support Council’s advocacy activities regarding needed improvements to public transport.

 

3)         Department of Environment and Climate Change (DECC)

DECC recommends that the DCP include additional water management controls to enhance water conservation initiatives and implement Water Sensitive Urban Design principles.  The Department also suggests that the DCP should refer to the ‘Managing Urban Stormwater’ guidelines, as it includes a range of stormwater targets.

 

DECC suggests that Council consider the potential for Aboriginal heritage sites likely to be uncovered in the City Centre as it develops, and has provided guidelines regarding how these sites should be addressed.

 

Comment

Section 5 of the City Centre DCP has been revised, which aims to look at the principles of sustainable development holistically, as it applies to a proposal.  In regard to water conservation, the following controls will apply:

“a)    World best practice water sensitive design is to be incorporated in the development ensuring water is retained and reused, maximising opportunities for recycling of sewage and grey water on site.

b)      Developments with a construction cost of $1 million or more are to be designed and fitted to incorporate the use of recycled stormwater for non-potable purposes in its development.

c)       Water conservation elements needs to be incorporated into the landscape design and construction and maintenance, including paving, driveway and open parking areas.

d)      Where commercial activities or land uses are reliant on water for their operations, other than for toilet flushing and drinking purposes, water sources other than potable water should be considered.”

 

Over a number of years, Council’s practice has been to impose a standard condition that if Aboriginal relics are discovered during construction, with construction needing to be halted until the Aboriginal relics have been examined and due process completed.

 

4)         Ministry of Transport (MoT)

MoT has raised concern that the draft Plan’s approach for determining on-site parking for new development is different to, and inconsistent with, the (as yet to be finalised) Public Transport Accessibility-Based Approach.  This approach is being proposed in the current review of the State Government’s Guide to Traffic Generating Developments, however has not been released to Councils.

 

MoT argues that all of the parking rates in the exhibited draft DCP should be expressed as ‘maximums’ to avoid provision of excess parking.  Section 4 of the exhibited draft DCP is inconsistent with the draft Metropolitan Parking Policy which supports the use of public transport to centres.

 

Comment

Council officers, in consultation with the Taskforce, have negotiated parking rates for certain types of development, and the extent of parking spaces to be provided on site given the current deficiencies in the public transport system operating in the City generally.  It is envisaged that Council’s Integrated Transport and Land Use Strategy will, when completed, assist Council in its advocacy activities for greater improvements to public transport.

 

Key to implementing the Penrith City Centre Plan will be the need to undertake an Access and Transport Strategy, which is to be progressed over the next twelve months.  This will include the identification of cycleways and pedestrian routes through the City Centre, as well as identifying locations for decked car parks and the quantum of parking spaces, applying different time limits in different areas, and providing safe all-day parking, and commuter parking.  Over a number of years, it is anticipated that paid parking will be introduced, as it has in Parramatta and the Sydney CBD.  The proposed shuttle bus service will add to the effectiveness of the parking system.

 

Additional parking will need to be provided before Allen Place can be redeveloped as a new City Square and Central Park.  There may also be an opportunity to provide parking around or under the park, and this will be explored when the detailed designs are progressed.

 

5)         NSW Heritage Office

The Heritage Office welcomes the connection of the Penrith City Centre with the Nepean River, as expressed in the exhibited draft Vision.

 

The Heritage Office requests further consideration being given to identify opportunities to protect and conserve other historic elements that have contributed to the overall built form and character of the City.  In this regard, the Heritage Office recommends changes to the provisions in the exhibited draft LEP to ensure compliance with Section 84(1) of the Heritage Act, 1977.

 

The Heritage Council also requests that a planning and design principle be added to Section 3.3 of the CIP regarding the historic role played by High St in shaping the urban character of the City.  Additionally, the Heritage Council suggested that heritage incentives can play a role in the Section 94 contributions process.

 

Comment

Both Council officers and the Taskforce have noted the issues raised by the Heritage Council.  The issues regarding the LEP provisions relates to the standard wording in the Standard LEP Template.  The heritage clauses in the standard Template is the same wording as in the exhibited draft LEP.  Any changes with the standard Template needs to be considered and subsequently approved by the Planning Reform Branch of the Department of Planning.  Although the principles put forward by the Heritage Office are generally supported, it is understood that the Department of Planning does not intend to change these clauses.

 

6)         Department of Housing (DoH)

DoH has advised that the exhibited draft LEP should include objectives and clauses that encourage the provision of affordable housing within the City Centre.  DoH also requests that clause 6.1 in the exhibited draft DCP should be strengthened in regard to housing choice and mix, in much the same way as expressed in the exhibited draft Liverpool City Centre DCP.

 

Comment

The issue of affordable housing has been discussed already.  The revised draft LEP provides an objective to ‘encourage the provision of affordable housing’ in Zone R4 High Density Residential.

 

7)         RailCorp

RailCorp is requesting that the site containing the former Station Master’s cottage be rezoned B4 Mixed Use, rather than the SP2 Infrastructure zone proposed in the exhibited draft LEP.  This land is known as 31 Jane Street, Lot 31 DP 1086586.  RailCorp argues that the B4 Mixed Use zone will provide wider utility of the existing building enabling its conservation through adaptive reuse.  RailCorp also requests other uses to be permitted (with consent) on the portion of land proposed to be zoned SP2 Infrastructure in the exhibited draft LEP, and requested removal of the current road affectation if the road is no longer required.

 

RailCorp’s response to the exhibited draft DCP requests that:

·        the implications of future rail amplification on the bus interchange, entry to station, station forecourt, noise and vibration impacts on adjacent properties is recognised,

·        car parking rates be reduced for retail and commercial development to encourage the use of public transport, and

·        the draft DCP make reference to the relevant rail noise and vibration guidelines and potential impact of stray currents and electrolysis from rail operations.

 

RailCorp is supportive of a pedestrian footbridge linking Penrith railway station with either the State Government Office Building or Westfield Penrith Plaza.  In this regard, RailCorp has requested that the footbridge over Jane Street be included as an item in the revised draft CIP.  RailCorp also raised concerns that the CIP does not, at present, seek improvements to connections to the North Penrith Army land across the railway corridor.

 

RailCorp acknowledges that commuter car parking will continue to be a necessity at Penrith railway station.  In the medium to longer term, increases in commuter parking will need to be considered as part of a suite of transport improvements in the region.

 

RailCorp has advised that there is likely to be improvements for Penrith railway station, in terms of an additional track and platform as well changes to the station forecourt area.  In this regard RailCorp has requested that Council investigate the likelihood of funding the station improvements through the CIP (developer contributions).

 

Comment

Jane Street, Belmore Street and North Street are proposed to be zoned SP2 Infrastructure under the exhibited draft LEP.  This includes a portion of land immediately north of Belmore Street that currently contains the commuter car park, as well as part of the station forecourt which includes the former Station Master’s cottage.  Under the exhibited draft LEP, the SP2 Infrastructure zone relates to Road Widening (being State Road and Local Road widening), and reflects the current zoning and road reservations of the Penrith LEP 1997 (Penrith City Centre).  The SP2 Infrastructure zone is specifically for the provision of infrastructure, in this case roads, and related land uses, such as drainage, roads and telecommunication facilities.  The road widening and reservations will be required for future work associated with the Jane Street by pass extension.  It is inappropriate to consider RailCorp’s submission in the absence of a list of the range of land uses being proposed.

 

The former Station Master’s cottage is a listed heritage item under the current Heritage LEP 1991.  It is intended that the heritage listing of this item will continue under the revised City Centre LEP.  RailCorp’s request to rezone this land to B4 Mixed Use zone was on the basis of enabling a wider utility for the existing building to enable its conservation through adaptive reuse.  The exhibited draft LEP already contains heritage conservation provisions aimed at the adaptive reuse and conservation of the heritage items.  Key to the heritage provisions is the ability to consider development that would otherwise not be allowed in the LEP, providing the consent authority is satisfied that the consideration of the heritage item is facilitated by the granting of consent (subclause 35(9)).  It is noted that, other than the former Station Master’s cottage, the remainder of the land comprising the bus interchange and railway station are not part of the Penrith City Centre Plan.

 

The issue of reducing the parking rates for retail and commercial development has been discussed elsewhere in this report.  Nonetheless, a greater improvement in the public transport system needs to occur ahead of any further consideration of development associated parking in the City.

 

Provisions regarding rail noise and vibration have been included in the revised draft DCP.

 

The suggestion regarding improved pedestrian links between the North Penrith Army land, railway and Westfield Penrith Plaza and / or the Government Office buildings is reasonable.  This however, needs to be considered as part of an overall connection across the railway station and into North Penrith.   The exhibited draft Plan does not include the railway corridor or North Penrith Army land, and for this reason is not identified in the exhibited draft CIP.  Given that the development aspirations of the future owner of the North Penrith Army land is yet to be confirmed, it is premature to examine this connection in detail.

 

The exhibited draft CIP is a form of Section 94 Contributions Plan, upon which contributions are collected for the provision of local infrastructure.  RailCorp’s request that Council investigate the inclusion of likely station improvements in its CIP is unreasonable given that the railway station and corridor is state infrastructure.

 

8)         Sydney Water

Sydney Water has advised there is sufficient bulk water capacity to serve the future development growth in the City Centre.  The agency has highlighted there may be a number of water mains requiring upsize to cater for domestic supply and fire fighting, which can be modelled when development proposals are considered by Council.  Additionally, the Penrith Sewerage Treatment Plant has capacity to accommodate the future growth, subject to some sections of the system being upgraded.

 

Sydney Water advised that the agency is considering a recycled water scheme for Penrith, which would be a potential source for water supply to new high rise commercial and residential buildings in the City Centre.  Sydney Water has also requested that water efficiency objectives and requirements be included in the DCP.

 

Comment

Section 5 of the City Centre DCP has been revised ensuring that the principles of sustainable development are considered holistically.  This includes water conservation initiatives for all forms of development.

 

Key changes to the Planning Controls

In response to the issues raised in the submissions, as well as discussions across Council departments regarding the translation and interpretation of planning controls in the exhibited LEP and DCP, it was considered appropriate to reword provisions to ensure clarity in the intent of both the objectives and provisions under the LEP and DCP.  For instance, the exhibited draft LEP had the following objective for each of the zones:

 

“To ensure any development has regard to the principles of sustainable development.”

 

As this objective was a key feature of all proposals in the City Centre, it is more appropriate to list the objective as an aim of the Plan and require a higher level of consideration during the development assessment process.

 

Over the last twelve months, Council has been presented with the intricacies of the Standard LEP Template and the uses that are mandated as permissible in the zone, and considered this in the context of how the Penrith Local Plan is to be progressed.  Key to our approach with Stage 1 of the Penrith Local Plan is the listing of land uses permitted in each zone, rather than relying on a ‘group term’.  For example, instead of the group term ‘food or drink premises’, each type of ‘food or drink premises’ is listed if it is deemed appropriate to be a permissible use in a zone.  This approach has also been made to the revised draft LEP.

 

The selection and preparation of zones for the Penrith City Centre has required Council officers to remain mindful of the broader impacts, as the City Centre LEP will become a template for use in drafting the comprehensive Penrith Local Plan.  Accordingly, a number of zones applying to Penrith City Centre (such as SP2 Infrastructure, SP3 Tourist and RE1 Public Recreation) are also applicable in other locations within the Penrith local government area.  Given this approach, land uses that may not typically be seen in the context of the City Centre have been inserted as permissible land uses in some zones.  For example, the SP3 Tourist zone will be applied to land bounded by the Great Western Highway, Memorial Drive and the eastern bank of the Nepean River (but does not include the river itself).  Given its proximity to the river, uses providing access into the river (but may not be available due to the physical constraints at this particular location) were included as permissible uses in the SP3 zone, such as ‘boat launching ramps’, ‘jetties’ and the like.

 

The following summarises the major changes now seen in the revised draft Penrith City Centre LEP (attached).  The coloured maps of the revised LEP will be provided separately.

 

Zone R4     High Density Residential

This zone, R4 High Density Residential, is the only residential zone in the City Centre and aims to provide a variety of housing types.  Given its proximity to services and facilities in the City Centre, Council officers have included an objective in the zone ‘to encourage the provision of affordable housing’.

 

The Standard LEP Template mandates a number of non-residential uses as being permitted with development consent in the R4 zone, such as ‘neighbourhood shops’.  The Standard LEP Template defines ‘neighbourhood shops’ and ‘retail premises’ as:

Neighbourhood shop means retail premises used for the purpose of selling foodstuffs, personal care products, and other small daily convenience goods for the day-to-day needs of people who live or work in the local area, and may include ancillary services such as a post office, bank, newsagency or dry cleaning.”

Retail premises means a building or place used for the purpose of selling items by retail, or for hiring or displaying items for the purpose of selling them by retail or hiring them out, whether the items are goods or materials (or whether also sold by wholesale).”

 

By definition, ‘neighbourhood shops’ is a form of retail premises, however there is no limit on the floor area of the development.  This causes concern that any future proposal for a ‘neighbourhood shop’ immediately adjacent to Centro Nepean and in the City Centre may undermine the economic viability of the City Centre.  For this reason, the exhibited draft Plan restricted the maximum gross floor area of ‘neighbourhood shops’ to 100m2.  Although this approach was to apply to the non-Business zones in the City Centre, the exhibited draft Plan had only expressed it in the SP3 Tourist Zone.  Accordingly, the floor area limitation for ‘neighbourhood shops’ will also apply to the R4 Zone.

 

The R4 High Density residential zone may, following the review of Council’s existing Residential Strategy, be used elsewhere in the City.  At present, it was appropriate to not permit other forms of retail premises in the R4 Zone generally.  In this regard, ‘retail premises (except neighbourhood shops where the maximum gross floor area does not exceed 100 square metres)’ is listed as a prohibited use in the R4 Zone.

 

Additional Land Uses in certain areas of the City Centre (Schedule 1 of the LEP)

The Standard LEP Template provides for the listing of additional permitted uses on certain land, regardless of their zoning, ensuring that certain land uses deemed appropriate on the land can occur only on that land rather than across the zone.  This provision will be applied in two locations within the City Centre:

 

i)       Land comprising the ‘Community Hub’ precinct

The ‘Community Hub’ precinct relates to the land between Station Street and Woodriff Street, and includes Judges Place carpark.  The zoning of this land is Zone RE1 Public Recreation and will be retained in the revised draft LEP.  The RE1 Public Recreation zone is one of those zones applying to all public open space areas across the City, and therefore needs to have a standard set of permitted land uses that could be applied across the zone.  ‘Child care centres’ are at present prohibited in the RE1 zone.

 

It is envisaged that the Community Hub precinct will provide a number of community-related services and facilities, becoming a key community focus in the City Centre.  Given its central location and consideration of the residential growth likely to occur in the City Centre, it was appropriate to provide an opportunity to consider a child care centre in this location.

 

ii)         Former ‘Panasonic’ site (Parkview)

As noted previously, hotel and conference facilities, commercial activities, and retail activities have been supported as additional land uses that must be located in the northern portion of the site.

 

Schedule 1 of the Penrith City Centre LEP has been revised to include the additional uses for the above sites.

 

Exempt and Complying Development

The exhibited draft LEP did not list any exempt and complying development.  Subsequent to the exhibition period, Council officers were advised that Council’s current exempt and complying development activities requirements must be included in the draft LEP.  The intention was to insert the existing, adopted provisions that would be relevant to the Penrith City Centre so long as the exempt and complying development activities are permitted in the zone.  As a result, minor changes were made and referred generally to the new terminology in the Standard LEP Template such as zone and land use term.  This enables the Penrith City Centre LEP to be advanced, without requiring re-exhibition.

 

The timeframes did not permit a review of the exempt and complying criteria in this process, however the response is considered to be an interim measure, as the exempt and complying development provisions are now being reviewed as part of developing the Penrith Local Plan.

 

Sex Services Premises and Restricted Premises

At present, brothels and adult bookshops operate in the City Centre without the need to obtain development consent.  These uses are not expressly defined under the Penrith Local Environmental Plan 1997 (Penrith City Centre) and are therefore currently covered by the definition of ‘business premises’ which means ‘a building or place in which there is carried on an occupation, light industry or trade which provides a service directly and regularly to the public, for the purposes of the development control table, but does not include a building or place elsewhere defined in the Schedule’.  ‘Business premises’ do not require development consent under the 1997 LEP.

 

The Standard LEP Template now defines brothels as ‘sex services premises’, and adult bookshops are a type of ‘restricted premises’, which are defined as follows:

“Sex Services Premises means premises used primarily for the provision of sex services, but does not include home occupation (sex services).

Sex services means sexual acts or sexual services in exchange for payment.

Restricted Premises means business premises or retail premises that, due to their nature, restrict access to patrons or customers over 18 years of age, and includes sex shops and similar premises but does not include hotel accommodation, a pub, home occupation (sex services) or sex services premises.”

 

Tattoo parlours are not separately defined and will continue to fall in the definition of ‘business premises’.

 

The Department has advised that ‘sex services premises’ and ‘restricted premises’ are uses better located in business zones.  The exhibited draft LEP lists ‘sex services premises’ and ‘restricted premises’ as permitted uses in both business zones in the City Centre (that is Zone B3 Commercial Core and Zone B4 Mixed Use) as well as the SP3 Tourist zone.

 

As the Penrith City Centre LEP has progressed ahead of Stage 1 of the Penrith Local Plan and since these land uses will, for now, require development consent in the City Centre, it was appropriate to draft provisions addressing the location and suitability of these land uses.  In discussions with the Taskforce, Council officers were advised not to insert numerical requirements in the clause (such as distance or radius) but rather to describe in words the locational circumstances in which the use is unsuitable.  Clause 39, as added in the revised draft LEP, reads as follows:

 

“39   Location of Sex Services and Restricted Premises

(1)     The objective of this clause is to ensure that sex services premises and restricted premises located in a mixed use building or mixed use development are not visually prominent from public spaces or other locations regularly frequented by children.

(2)     Despite any other provision of this plan, consent shall not be granted to development for the purpose of a sex services premises or restricted premises located within a mixed use building that contains dwellings unless the consent authority is satisfied that the primary entrance(s) of the sex services premises or restricted premises is not directly in front of, or visible from, a dwelling or any other place regularly frequented by children for recreational or cultural activities.”

 

The wording of this LEP clause is yet to be considered by Parliamentary Counsel, and must be approved by the Minister of Planning in the making of this LEP.  Council will be advised if responses from either the Taskforce or Parliamentary Counsel result in significant changes to the intent of, or removal of, this clause.

 

Detailed planning controls have been developed for the revised Penrith City Centre Development Control Plan (DCP) regarding the location, external and internal design, and operation of such premises.  Proposals for such uses will be referred to the NSW Police, as part of the Safer By Design Protocol.

 

Any existing brothels and adult bookshops now in the City Centre may continue to operate, when the Penrith City Centre LEP is gazetted, without the need to obtain development consent.  When these existing premises propose to expand or intensify their operations, however, they will need to obtain development consent from Council, under the Penrith City Centre LEP.

 

Also in tonight’s Business Paper are a number of reports relating to Stage 1 of the Penrith Local Environmental Plan.  The St Marys Town Centre, which is proposed to be zoned as B4 Mixed Use, is the only commercial centre that is in Stage 1.  The review of exempt and complying development provides an avenue for a different approach to this matter in St Marys, where it is proposed to make ‘sex services premises’ exempt development.  If the proposal does not comply with any of the criteria, then the proposal is prohibited.

 

Stage 2 of the Penrith Local Environmental Plan, which will be progressed next year, will absorb the Penrith City Centre LEP.  The different approaches required, at this stage, to this matter is seen as an interim measure which will be rationalised next year. 

 

Other mapping anomalies

The exhibited draft LEP showed a number of privately owned properties that did not have FSR or maximum building height requirements, whilst Council’s Woodriff Gardens land was showed a maximum building height.  The building height has been removed from the ‘Woodriff Gardens’ land.

 

Following discussions with the owners of the Mitsubishi / Sinclair Hyundai precinct, the revised maximum building height of 24m and 3:1 FSR will apply to this precinct.  This precinct has also been identified as a key site.

 

A copy of the coloured LEP maps, as revised, will be forwarded to Council under separate cover.

 

 

Key Changes to the Development Control Plan (DCP)

Intrinsic to the changes in the DCP was ensuring that Council’s adoption of the UNEP principles were included in the DCP, where appropriate.  To that end, the revisions concentrated on ensuring the sustainability of the development, from concept, design, construction, occupation to adaptability and longevity of the building.

 

Council’s Policy Review Committee Meeting of 30 April 2007 considered a report on parent friendly toilets as a mechanism of ensuring the safety and security of young children visiting these facilities.  In recent years, there is a trend for young children to be accompanied by a parent into these facilities regardless of their sex.  It is considered appropriate to design facilities that ensure parents can accompany their young children into toilets in a safe and secure environment, and without embarrassment.  The provision of parent friendly accessible toilets and parenting facilities has been included in the revised draft DCP, and will apply to commercial and retail buildings.

 

Following discussions with a number of landowners, additional design principles were developed for a number of sites in the City Centre.  These sites are strategically located in the City Centre and are of a sufficient size to be seen as individual ‘precincts’, being the Mitsubishi / Sinclair Hyundai precinct; the former ‘Panasonic’ / Centro Nepean precinct; and the street block between Henry Street and Belmore Street.  These design principles, which have been included in the DCP, provide a level of certainty on the likely development outcomes for each precinct.  A copy of the revised DCP will be provided to Councillors separately.

 

Civic Improvement Plan (CIP)

The Civic Improvement Plan is a Section 94 Contributions Plan applying to the Penrith City Centre.  As such, the nature of submissions to the CIP related to deficiencies with the nexus and financial accuracy of the schedule of works.  It is envisaged that the CIP will be made by the Minister, and thereby protected from any appeal relating to the section 94 contributions.

 

Council officers, in order to advance the CIP, acknowledged that the CIP is a temporary measure until such time as the design for the schedule of works has been explored, confirmed and reasonably quantified.  As such, Council officers in consultation with the Taskforce made minor changes to the CIP, but have not changed the intent of the Plan.  A copy of the revised CIP will be provided to Council separately.

 

To ensure that the CIP will not be subject to any appeal, Council officers recommend that the Minister make the CIP.  Procedurally for this to occur, the steps outlined in Section 94EAA of the Environmental Planning and Assessment Act (the Act) need to be followed.  That is, firstly the Minister will direct the Council to make the CIP in accordance with Subsection 94EAA (1) of the Act.  The opportunity to respond to the Minister’s direction is provided for under Subsection 94EAA (2) to which:

 

“(2)   The Minister may make, amend or repeal a contributions plan if:

(a)     a council fails to approve, amend or repeal the plan in accordance with a direction of the Minister under this section, or

(b)     a council consents in writing to the Minister making, amending or repealing the plan.

The plan, the amended plan or the repeal of the plan has effect as if it had been approved, amended or repealed by the council.

(3)     The Minister in making, amending or repealing a contributions plan under this section is not subject to the regulations.

(4)     A person cannot appeal to the Court under this Act in respect of:

(a)     the making, amending or repealing of a contributions plan by or at the direction of the Minister under this section, or

(b)     the reasonableness in the particular circumstances of a condition under section 94 that is determined in accordance with any such contributions plan,

          despite section 94B (3) or any other provision of this Act.”

 

It is recommended that Council does not adopt the revised draft CIP, but instead consents to the Minister of Planning making the CIP.  As the Minister is making the CIP, it ensures that the CIP is protected from any future appeal.  The Minister’s direction however, will not be issued to Council until such time as the Penrith City Centre LEP 2007 is to be gazetted.

 

Next Steps

The revised draft LEP has been sent to the Taskforce and to Parliamentary Counsel for review and comment, however to date no comments have been received from Parliamentary Counsel.  To continue to advance the Plan, it is nevertheless recommended that Council adopt the revised draft LEP as attached to this report.

 

Should Council resolve to proceed with this matter, the revised draft LEP will be formally sent to Parliamentary Counsel.  It is anticipated that Parliamentary Counsel will only make minor changes to the draft LEP, if any, and indicate whether the LEP can be legally made.  On receipt of Parliamentary Counsel’s comments, we will ensure that the changes have not altered the intent of the LEP.  As Council has no delegation under Section 69 of the Act, the plan will then be forwarded to the Taskforce requesting that the Minister make the Penrith City Centre LEP.

 

Conclusion

The Regional Cities Taskforce has prepared and exhibited draft plans for the six Regional Cities, aiming for a general level of consistency between the plans.  Submissions were received during the exhibition period have been detailed in this report.

 

Discussions with the Taskforce have enabled revision of the draft plans, where appropriate.  Over the last six months, discussions have also occurred with the owners of key sites in the City Centre, the Taskforce and Council officers.  Where agreement has been made to elements specific to their site, those changes have been included in the revised draft planning documents.

 

Subject to Council’s endorsement of the revised draft Vision, LEP and DCP for Penrith City Centre, the Taskforce will advance the gazettal procedures for the LEP.  Gazettal of the draft LEP ensures that the controls governing development in the City Centre are in place, and enables Council to focus on facilitating the implementation of the adopted Penrith City Centre Strategy.

 

The Penrith Local Plan timeframes mean that there will be opportunities, over the next year, to assess how the gazetted Penrith City Centre LEP and development controls are working, and whether they need to be reviewed or amended as part of the process of incorporating the Penrith City Centre LEP into the broader Citywide Penrith Local Plan.

 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Penrith City Centre Plan be received.

2.     Council adopt the revised draft Vision for Penrith City Centre and revised draft Penrith City Centre Development Control Plan 2007.

3.     Council support the revised draft Penrith City Centre Local Environmental Plan 2007 (as attached) and revised draft Penrith City Centre Civic Improvements Plan.

4.     If the Minister for Planning directs the Council to make the revised draft Penrith City Centre Local Environmental Plan 2007 (LEP) and Penrith City Centre Civic Improvements Plan (CIP), Council write to the Minister consenting to the Minister making the LEP and CIP.

5.     If the Minister for Planning refuses to make the LEP, Council write to the Department of Planning in accordance with Section 68 of the Environmental Planning and Assessment Act 1979 requesting gazettal of the LEP.

6.     If the Minister refuses to make the CIP and directs Council to make the CIP, a further report on the CIP be forwarded to Council. 

7.     Penrith City Centre Development Control Plan 2007 take effect upon gazettal of Penrith City Centre Local Environmental Plan 2007.

8.     Those persons who made submissions during the exhibition period, including the public authorities and statutory bodies, be advised of Council’s resolution.

 

 

ATTACHMENTS/APPENDICES

1.  

Penrith City Centre LEP 2007

81 Pages

Attachment

  


Policy Review Committee Meeting

8 October 2007

The City in its Broader Context

 

 

The City in its Broader Context

 

 

2

Draft Penrith Local Environmental Plan 2008 - Stage 1 and Penrith Development Control Plan 2008   

 

Compiled by:                Tanya Jackson, Local Plan Team Leader

Allegra Zakis, Local Plan Team Leader

Liza Cordoba, Acting Local Plan Co-ordinator

Authorised by:             Ruth Goldsmith, Acting Director - City Strategy   

Strategic Program Term Achievement: Council's agreed strategies, where they relate to planning provisions, are implemented through the new Citywide Penrith Local Plan and Penrith Development Control Plan.

Critical Action: Develop the Citywide Penrith Local Plan and Development Control Plan by March 2009, as agreed with the Department of Planning.

     

Purpose:

To inform Council of the general features of the draft Penrith Local Environmental Plan 2008 - Stage 1, and Penrith Development Control Plan. 2008.  The report recommends that the information be received.

 

Background

Council has been undertaking a major planning exercise to prepare a new Citywide Local Environmental Plan and Development Control Plan, in accordance with the planning reform agenda set by the State Government.

 

This report is one of a series in tonight’s Business Paper which provides general information about the procedure followed to prepare the draft Penrith Local Environmental Plan 2008 – Stage 1 (draft Stage 1 LEP), the next steps required to place the first stage of the draft Stage 1 LEP on public exhibition, and a broad outline of the key features of draft Penrith Development Control Plan 2008.

 

Other reports in the series provide specific information on the features of the draft Penrith Local Environmental Plan 2008, and address matters relating to the City’s southern rural lands, northern rural lands, industrial lands, heritage items, St Marys Town Centre, and reclassification of land in the Dunheved Business Park.  The reports dealing with the draft Penrith Local Environmental Plan 2008 – Stage 1 have been presented in this manner to facilitate Councillors engaging in full discussion of the information presented.  An executive summary has been provided at the beginning of each report, for clarity.

Preparation of draft Penrith Local Environmental Plan 2008 – Stage 1

Draft Penrith Local Environmental Plan 2008 - Stage 1 has been prepared in accordance with the Standard LEP Template for Local Environmental Plans developed by the Department of Planning.  This means that it uses the standard zones and standard clauses set out by the Department and, as permitted by the Standard LEP Template, clauses have been modified or added to focus on issues specific to the context of Penrith which would not otherwise be addressed.

 

Generally, the approach taken in preparing the proposed zones and provisions of the draft Stage 1 LEP has been to implement major policy directions which have been adopted by Council, in particular the Rural Lands Strategy, the Employment Planning Strategy, the St Marys Town Centre Strategy and the Heritage Study, or to reproduce existing planning controls where appropriate.  Not all zones included in the Standard LEP Template are considered appropriate for the Penrith City context, and there are a number which have not been used.

 

A full copy of the draft Stage 1 LEP has been provided to Councillors under separate cover.  Consistent with the required format, clauses and land uses in blue text form part of the Standard LEP Template, and there is little or no scope to vary those sections.  Clauses and land uses in black text have been developed by Council staff.  Notes and directions in red are included for information purposes only, and do not form part of the draft Stage 1 LEP.  All formatting, including fonts, are also mandated by the Standard LEP Template.  It is understood that the Department may be developing a standard format for Schedules 2 and 3.  If this occurs, these schedules will be reformatted to comply with the new requirements.

 

The contents of draft Stage 1 LEP are as follows:

·           Parts 1 to 5 are the general Citywide provisions, (objectives, zones and land use tables, and provisions regarding heritage, development near zone boundaries, and tree preservation).  There is some local content in Parts 1 to 5, but the majority of clauses are compulsory and have not been varied.

·           Part 6 is the Penrith-specific ‘local provisions’ (ranging from flood prone land, salinity, locational criteria for various land uses, and site specific provisions).

·           Schedule 1 lists the additional permissible uses on specific sites.

·           Schedule 2 lists the exempt development activities and criteria.

·           Schedule 3 lists the complying development activities and criteria.

·           Schedule 4 deals with classification and reclassification of public land.

·           Schedule 5 lists existing and proposed heritage items, as well as existing items that will not longer be listed.

·           Appended to the draft Stage 1 LEP are also the Dictionary and maps relating to draft Stage 1 LEP.

 

Further information on specific provisions in the draft Stage 1 LEP is included in the relevant reports also in tonight’s Business Paper.

Relationship to other planning instruments

A key part of the planning reforms has been a focus on reducing the number of planning instruments applying across New South Wales.  Ultimately, it is intended that there will be only one instrument for each Local Government Area, plus endorsed State Environmental Planning Policies.

 

The eventual gazettal of the draft Stage 1 of the Penrith Local Environmental Plan 2008 will repeal or amend a number of the City’s existing planning instruments.  A brief summary of the main instruments to be affected by the draft Stage 1 LEP is appended to this report.

 

Key Features of draft Penrith Development Control Plan 2008 – Stage 1

The planning legislation requires that, when Council prepares a Local Environmental Plan in accordance with the Standard LEP Template, it must also review its Development Control Plans (DCPs) to ensure that only one DCP applies to any individual parcel of land.  This requirement initially resulted in the preparation of Penrith Development Control Plan 2006 (DCP 2006), which is now being reviewed to update the provisions, improve clarity and reduce repetition within the document.

 

It is anticipated that the revised draft Penrith Development Control Plan 2008 (DCP 2008) will be presented to Council in November, with a recommendation that the draft DCP 2008 be placed on public exhibition.  Given that the Department of Planning will take some time to issue a certificate to allow the exhibition of the draft Stage 1 LEP, it is anticipated that endorsement of the draft DCP 2008 in November will still allow the two draft planning instruments to be exhibited concurrently.  A detailed discussion of the provisions within the draft DCP 2008, together with a copy of the draft document, will be presented to Council in November.

Amendments to DCP 2006

Stage 1 of the draft DCP 2008 will only apply to those areas of the City which are being rezoned as part of the Penrith Local Environmental Plan 2008 - Stage 1.  This means that DCP 2006 must continue to operate for the remainder of the City.  It will, however, need to be amended to exclude the areas and provisions covered by the new DCP.  These amendments will be presented to Council in November, in conjunction with the detailed report on the draft Penrith Development Control Plan 2008.

Penrith Planning Strategies

Council has undertaken an extensive strategic program over the last few years, commencing with the Rural Lands Strategy and including the City Centres’ Review, the Heritage Study and Inventory, the Employment Planning Strategy, and most recently the Integrated Transport and Land Use Study.  In addition to these documents, a number of other strategic policy documents have been prepared, including the Biodiversity Strategy, the Landscape Character Strategy, and the Water Conservation and Water Quality Action Plan.

 

In exhibiting a draft planning instrument, Council is required to also provide information relating to the background, or basis, for the proposed zones.  In the case of the draft Stage 1 LEP, this would include many of the documents listed above.  Whilst the individual Strategies will, of course, be available on request during the exhibition, it was considered that given the wide ranging nature of the strategic program and the detailed information provided in many of the adopted Strategies, the exhibition of these many documents to support the exhibition of the draft Stage 1 LEP was considered to be a cumbersome approach.

 

A summary document has therefore been prepared, which provides an overview of Council’s policy directions for the City, and the analysis that has been done to support those directions.  The ‘Penrith Planning Strategies’ has been structured to align with the Metropolitan Strategy, which demonstrates how Council’s strategic work, to date, seeks to address the issues identified in the broader Metropolitan Strategy.

Consultation Program

When the draft Stage 1 LEP and draft DCP 2008 have been endorsed by Council, and the draft Stage 1 LEP certified for exhibition by the Department of Planning, the draft plans will be placed on exhibition.  Council is required to exhibit draft plans for a minimum of 28 days, however given the complexity of the draft plans and their application to extensive areas of the City, it is proposed to commence the exhibition as soon as possible after the certificate is issued (this is anticipated in late November / early December) and continue it until the end of February 2008.  The consultation program will include:

·           Advertising through local media to inform the community that the exhibition has started, how long it will run, how information can be obtained and how to make a submission.

·           Media Releases providing the above information, including a second release close to the closure date of the exhibition.

·           Availability of information through the internet, including copies of the draft plans which can be downloaded, and a list of frequently asked questions once the exhibition has commenced.  This will include a dedicated email address that will be monitored by the Local Plan Team, for both questions and submissions.

·           Brochures available at exhibition points highlighting key features of the draft plans, closing date for the exhibition and how to make a submission.

·           Newsletters, if required, distributed electronically, available at exhibition points and posted on request.

·         Regular feedback to the community through the website on key issues being raised through the exhibition.

·         Targeted consultation with relevant public authorities, drawing attention to the way in which the draft plans have addressed issues previously raised and requesting specific feedback on relevant clauses and provisions.

·         Letters to individual land owners, outlining the features of the zone proposed to apply to their land and, if necessary, drawing their attention to specific provisions within the draft plans.

 

A number of supporting documents will be exhibited with the draft Stage 1 LEP and draft DCP 2008 to assist in understanding the planning documents.  The supporting documents will include:

·         The Penrith Planning Strategies, as outlined above.

·         A ‘plain English’ version of the draft Stage 1 LEP, which will go through each clause of the plan and explain in plain English what it means and the effect it will have.

·         An explanatory document, which outlines the reasons the plans have been prepared, the role of the Standard LEP Template, and how to determine which clauses are mandatory and which have been written by Council.

·         A full list of the relevant State Government policies, plans and directions, which have been taken into account when developing the draft Stage 1 LEP.

·         Brochures, as described above.

 

The website will also include links to all of these documents.

Next Steps

Following endorsement by Council to proceed with the draft Stage 1 LEP, the following steps will occur, in accordance with the Environmental Planning and Assessment Act 1979:

1.      Council will write to the Department of Planning requesting a Section 65 certificate to exhibit the draft Stage 1 LEP.

2.      The Department of Planning, Parliamentary Counsel and the LEP Review Panel will review the draft Stage 1 LEP submitted by Council.  At this stage, amendments to draft Stage 1 LEP may occur, on direction of the Department.

3.      The draft Penrith Development Control Plan 2008 (DCP 2008) will be finalised, and presented to Council in November.  The report will seek Council’s endorsement to exhibit the draft DCP 2008 concurrently with the draft Stage 1 LEP.

4.      The Department of Planning will issue Council with a Section 65 certificate to enable exhibition of the draft Stage 1 LEP.  The exhibition, of draft Penrith Local Environmental Plan – Stage 1 and draft Penrith Development Control Plan 2008, will commence as soon as possible after receipt of the certificate.

 

The Department of Planning has indicated that revisions to the Standard Template are currently being made, and are likely to be released before the end of the year.  These revisions were initially expected to be released in September, but have since been postponed.  As Council staff have not been able to ascertain a definitive release date for the revisions, it is considered unreasonable to further delay seeking Council’s endorsement for exhibition of the draft Stage 1 LEP.  If the expected revisions are released within the next few weeks, however, the Department has indicated that it may require the changes to be incorporated into the draft Stage 1 LEP prior to exhibition.  Councillors will be informed of any significant changes, in this regard, or as otherwise directed by the Department.

Conclusion

Preparation of the draft Penrith Local Environmental Plan 2008 – Stage 1, and the draft Penrith Development Control Plan 2008 has been a complex and lengthy process.  Preparing the draft Stage 1 LEP has involved reviewing all the existing instruments which apply to Penrith’s rural and industrial lands, including LEP 1996, LEP 201, and Interim Development Order 93, as well as the State plans which apply to the Mulgoa Valley and Orchard Hills.  These instruments have had to be assessed against the Standard LEP Template, and additional provisions written to address issues which were not adequately covered.

 

Drafting the Penrith Local Environmental Plan 2008 – Stage 1 has gone well beyond reproducing the existing controls, and has involved reviewing all provisions for relevance against today’s standards and the desired form of future development in Penrith City.  This has resulted in updated provisions in a number of areas, and new provisions in the draft Stage 1 LEP to cover issues such as sustainable development, salinity, biodiversity corridors, and scenic character.

 

Exhibition of the draft Penrith Local Environmental Plan 2008 - Stage 1, and the draft Penrith Development Control Plan 2008, is a key step towards updating and consolidating all of Council’s planning instruments, and implementing the extensive policy program that has been undertaken over the past few years.

 

 

RECOMMENDATION

That the information contained in the report on Draft Penrith Local Environmental Plan 2008 - Stage 1 and Penrith Development Control Plan 2008 be received.

 

ATTACHMENTS/APPENDICES

1. View

Plans Proposed to be Repealed

2 Pages

Appendix

  


Policy Review Committee Meeting

8 October 2007

Appendix 1 - Plans Proposed to be Repealed

 

 

 

Plans Proposed to be Repealed

 

Plan or Policy

Comment on Status

Sydney Regional Environmental Plan 13 – Mulgoa Valley

Relevant provisions will be fully incorporated into the draft Stage 1 LEP.  Repeal of this plan will be recommended to the Department of Planning upon gazettal of the draft Penrith Local Environmental Plan 2008 - Stage 1.

Sydney Regional Environmental Plan 25 – Orchard Hills

Relevant provisions will be fully incorporated into the draft Stage 1 LEP.  Repeal of this plan will be recommended to the Department of Planning upon gazettal of the draft Penrith Local Environmental Plan 2008 - Stage 1.

State Environmental Planning Policy No 3 – Castlereagh Liquid Waste Disposal Depot.

The active life of this facility has ceased and remediation work has commenced.  The draft Stage 1 LEP includes a clause which facilitates this remediation plan, and allows limited continuing use of non-filled areas of the site.  Repeal of this plan will be recommended to the Department of Planning upon gazettal of the draft Penrith Local Environmental Plan 2008 - Stage 1.

State Environmental Planning Policy Number 4 – Development Without Consent.

This is a State-wide Policy intended to facilitate minor development without the need for development consent.  The provisions relating to exempt and complying development, plus clauses 38A to 38G are intended to replace the operation of this Policy.  Council will seek an exemption to SEPP 4 when all stages of the Penrith Local Environmental Plan have been gazetted. 

Penrith Local Environmental Plan 2002 (Villages of Mulgoa and Wallacia)

All land zoned under this plan has been incorporated into the draft Stage 1 LEP, as have key relevant provisions.  This plan will be repealed upon gazettal of the draft Penrith Local Environmental Plan 2008 - Stage 1.

Penrith Local Environmental Plan 1996 (Industrial Land)

All land zoned under this plan has been incorporated into the draft Stage 1 LEP, as have key relevant provisions.  This plan will be repealed upon gazettal of the draft Penrith Local Environmental Plan 2008 - Stage 1.

Penrith Local Environmental Plan 1994 (Erskine Park Employment Area)

All land zoned under this plan has been incorporated into the draft Stage 1 LEP, as have key relevant provisions.  This plan will be repealed upon gazettal of the draft Penrith Local Environmental Plan 2008 - Stage 1.  This land will eventually be incorporated into the draft SEPP for the Western Sydney Employment Hub.

Penrith Local Environmental Plan 201 (Rural Land)

The majority of land zoned under this plan has been incorporated into the draft Stage 1 LEP, however some key sites have been excluded as the planning direction for them is not yet clear.  As a result, LEP 201 cannot yet be repealed.  It will, however, be amended to only apply to those sites which are excluded from the draft Stage 1 LEP. The former Airservices Australia site on the Northern Road, Cranebrook, is not part of Stage 1, this site will be incorporated into Stage 2 of the Penrith Local Plan.

Interim Development Order 93

The majority of land zoned under this plan has been incorporated into the draft Stage 1 LEP, however some key sites have been excluded as the planning direction for them is not yet clear.  As a result, IDO 93 cannot yet be repealed.  It will, however, be amended to only apply to those sites which are excluded from the Stage 1 LEP. The Landcom land on the corner of Gipps St and Great Western Highway, Claremont Meadows is not part of Stage 1. This site will be incorporated into Stage 2 of the Penrith Local Plan.

 

In addition to the above there are a number of minor plans which will be repealed once draft Stage 1 LEP is gazetted.  These include:-

 

Plans to be entirely repealed by Stage 1

Interim Development Order 11

Interim Development Order 17

Interim Development Order 21

Interim Development Order 22

Interim Development Order 26

Interim Development Order 27

 

 

Interim Development Order 32

Interim Development Order 56

Interim Development Order 69

Interim Development Order 71

Interim Development Order 87

Plans partly repealed in Stage 1 and Stage 2

Interim Development Order 2

Interim Development Order 28

Interim Development Order 81

Interim Development Order 93

 

Local Environmental Plan 150

Local Environmental Plan 226 – Blue Mountains Escarpment

 

 

 


Policy Review Committee Meeting

8 October 2007

The City in its Broader Context

 

 

The City in its Broader Context

 

 

3

Draft Penrith Local Environmental Plan 2008 - Stage 1 (Industrial Lands)   

 

Compiled by:                Allegra Zakis, Local Plan Team Leader

Tanya Jackson, Local Plan Team Leader

Abdul Cheema, Senior Environmental Planner

Liza Cordoba, Acting Local Plan Co-ordinator

Authorised by:             Ruth Goldsmith, Acting Director - City Strategy   

Strategic Program Term Achievement: Council's agreed strategies, where they relate to planning provisions, are implemented through the new Citywide Penrith Local Plan and Penrith Development Control Plan.

Critical Action: Develop the Citywide Penrith Local Plan and Development Control Plan by March 2009, as agreed with the Department of Planning.

     

Purpose:

To inform Council of the proposed zones and provisions applicable to the industrial lands of the City in draft Penrith Local Environmental Plan 2008 - Stage 1.  The report recommends that the zones and provisions relevant to the industrial lands be endorsed and forwarded to the Department of Planning as part of draft Penrith Local Environmental Plan 2008 -Stage 1, with a request to issue a certificate to enable exhibition of the plan.

 

Executive Summary

This report, which deals specifically with the City’s industrial lands in the context of Stage 1 of draft Penrith Local Environmental Plan 2008, is one of a series in tonight’s Business Paper.  The aim of the reports is to enable the draft Penrith Local Environmental Plan 2008 – Stage 1, with the Department of Planning’s agreement, to be exhibited.

 

Stage 1 of the draft Penrith Local Environmental Plan 2008 applies to all industrial areas across the City.  The majority of these areas are currently zoned under LEP 1996 – Industrial Land, and the key provisions of this instrument have been transferred into the new plan.  Specific local provisions have been written for Erskine Business Park and Waterside Corporate, to reflect the different character and development features of these areas.  A number of specific sites, including Waterside and the bulky goods precinct along Mulgoa Road, have additional uses proposed to be included in Schedule 1.

 

There are 3 site-specific rezonings which form part of the industrial ‘chapter’ of the draft Stage 1 LEP.  These are the St Marys Leagues Club site, land at the corner of Old Bathurst Road and Russell Street Emu Plains, and Waterside Corporate.  The individual rezoning applications for these sites will now be addressed through the draft Stage 1 LEP.

 

In preparing draft Stage 1 LEP, the opportunity has been taken to consider the planning provisions for relevance against today’s standards, and the desired form of future development in the City.  This has resulted in updated provisions in a number of areas, and new provisions in the draft Stage 1 LEP, which will be supported by contemporary provisions in the draft Penrith Development Control Plan 2008.

Structure of draft Penrith Local Environmental Plan 2008 – Stage 1 reports

This report is one of a series in tonight’s Business Paper which discusses Stage 1 of draft Penrith Local Environmental Plan 2008, and deals specifically with the industrial lands.  Other reports in the series provide general information about the preparation and exhibition process of the draft Stage 1 LEP, and detailed information on the provisions for the northern rural lands, southern rural lands, St Marys Town Centre, proposed heritage items and the reclassification of land in Dunheved.  In some cases, provisions apply to more than one area.  Where this occurs, the information on those provisions has been replicated in each relevant report.  A full copy of the draft Stage 1 LEP, including schedules, has been distributed under separate cover, together with the draft land application map, zoning map, lot size map and a map identifying biodiversity and riparian corridors.

 

Although information presented to tonight’s meeting has been separated into different reports to facilitate full discussion, the cumulative outcome of adopting all recommendations is to enable the draft Penrith Local Environmental Plan 2008 – Stage 1 to be forwarded to the Department of Planning with a request that the Department issue a certificate under section 65 of the Environmental Planning and Assessment Act, 1979 (as amended).  This will allow the draft Stage 1 LEP to be exhibited. 

Industrial Land

Stage 1 of the Penrith Local Environmental Plan 2008 applies to all industrial areas across the City.  The majority of these areas are currently zoned under LEP 1996 – Industrial Land. The key provisions of this planning instrument have been transferred into the new draft Stage 1 LEP, including those relating to height, floor space and protection of the curtilage of Combewood at North Penrith.  In general, the 4(a) General Industry zones have been designated as IN1 General Industrial under the Standard LEP Template, and the 4(b) Special Industry zones as IN2 Light Industrial.

 

In addition to the traditional industrial uses, the IN1 and IN2 zones allow for a limited number of non industrial uses. These uses are aimed at meeting the needs of the employees and businesses in the area and include child care centres, neighbourhood shops and take-away food and drink premises such as milk bars and pubs, but not restaurants.  This is consistent with Penrith’s existing industrial LEP 1996, which does not allow restaurants in the 4(b) zone. Offensive industries and hazardous industries are not permitted in any zone.

 

The IN2 Light Industrial zone has been applied to all lands that were zoned 4(b) under LEP 1996, the bulky goods precinct along Mulgoa Road and Waterside Corporate.  Council’s IN2 zone does not, however, allow for less traditional industrial uses (e.g. bulky goods retailing) that may be expected in a precinct such as Mulgoa Road and are not appropriate in other industrial areas proposed to be designated as IN2. Schedule 1 (Additional Permitted Uses) has been used to allow some additional uses in some key areas including Mulgoa Road and Waterside Corporate, to recognise the different character of the area without undermining the intent of the IN2 Light Industrial zone across the City.

 

The Standard LEP Template includes a B6 Enterprise Corridor zone, which is generally a better fit for the bulky goods precinct along Mulgoa Road, and potentially other areas where less traditional industrial uses are likely.  The B6 zone currently includes mandatory permissible uses such as ‘residential accommodation’ (which includes residential flat buildings) and ‘retail premises’.  Using this zone in its current form could significantly undermine Council’s adopted Centres’ Hierarchy, as it would allow any form of retailing, including supermarkets, in areas removed from the City’s established centres.  The B6 zone is therefore not considered suitable to apply to any lands in the City, at this stage.

 

It is understood that the Department is considering the removal of ‘residential accommodation’ and ‘retail premises’ from the list of mandatory permissible uses in the B6 zone, as part of its current review of the Standard LEP Template.  If this occurs, then it may be more appropriate to apply the B6 Enterprise Corridor zone to the bulky goods retailing precinct in Mulgoa Road, thus retaining the IN2 Light Industrial zone for the more traditional industrial areas around Batt Street and York Road.  This can be investigated during exhibition of the draft Stage 1 LEP, when the Department of Planning has released the amendments to the Standard LEP Template.

At Home Penrith (Mulgoa Road)

The owners of the At Home Penrith centre, as part of their rezoning application seeking to amend the 1,000m2 floor space limitation, also requested that a range of additional uses be permitted on their site.  This request has been considered as a preliminary submission relating to the draft Stage 1 LEP, and the matter has been further discussed with the proponents.

 

The proposed additional uses include a pharmacy, restaurant, hairdresser, newsagent, bank and liquor store.  The submission indicates that these uses are needed to meet the needs of employees and shoppers, and will be of a scale appropriate to the limited market opportunities of this precinct.  The submission references a similar centre in Castle Hill where such additional uses are permitted, and which are not considered to challenge the local retail hierarchy.

 

The proposed land use table for the IN2 industrial zone permits ‘neighbourhood shops’, which can incorporate a post office, bank, newsagent and other similar uses as a part of the development, and which are is intended to meet the day-to-day needs of people working in the industrial areas.  The IN2 zone also permits cafes and take away food premises, which will provide opportunities for small scale food outlets to locate in the At Home Penrith centre without the need to ‘schedule’ additional uses.

 

Although it is recognised that there should be opportunities to service the needs of employees and shoppers at a site such as At Home Penrith, which is not located close to other local shopping centres, it is not clear why these uses need to be established at a larger scale than that which can be accommodated by a neighbourhood shop.  The draft Stage 1 LEP does not include, in Schedule 1, the additional permissible uses requested for the At Home Penrith site.

Old Bathurst Road, Emu Plains

This land was the subject of an application seeking to rezone the site to 4(a) General Industrial under Penrith Industrial Lands LEP 1996, separate to, and ahead of, the Local Plan. However Council resolved, in March 2007, that the land be considered for rezoning to IN1 General Industrial as part of Stage 1 of the Penrith Local Plan 2008. The applicant therefore withdrew their application to amend Penrith Industrial Lands LEP 1996.  Consequently there is no current formal rezoning application before Council for this site.

 

Facing the subject land there is a residential area on the western side of Russell Street, and an industrial area on the southern side of Old Bathurst Road.  The Emu Plains Correctional Facility is located along Old Bathurst Road to the east of the property.

 

A constraint is that a substantial part of the site is flood liable.  Council’s current flood information sets a flood planning level such that only a small portion of the site, adjacent to the Old Bathurst Road frontage, is not flood affected.  This was challenged by the proponent of the (now withdrawn) application to amend Penrith Industrial Lands LEP 1996, whose flood assessment report suggested that all but about 1/5 of the land, at the northern end of the site, is suitable for use as employment lands.  This submission has been reviewed by Council and is not supported.

 

Section 117 of the Environmental Planning and Assessment Act directs councils not to rezone land which is flood liable, for industrial purposes, unless certain requirements are met.  Specifically, a Local Environmental Plan can only be inconsistent with this Direction where it would be in accordance with a Floodplain Risk Management Plan prepared in accordance with the principles and guidelines of the Floodplain Development Manual 2005, issued by (the now) Department of Planning.  Only a Council can prepare a Floodplain Risk Management Plan.

 

Whilst Council has commenced to prepare such a plan, it is anticipated that this will not be completed for some time.  Consequently, for the rezoning of this land to be consistent with the Section 117 Directions, only that part of the site which is above the current flood planning level can be rezoned to IN1 General Industrial.  This approach has been confirmed in consultation with the Department of Planning.  It is noted that failure to adequately justify any inconsistency with the 117 Directions will result in the Department of Planning not issuing a certificate to exhibit the draft Stage 1 LEP.

 

As the above circumstances demonstrate that rezoning of flood liable land is problematic, it is proposed to rezone only those parts of the land which are not flood liable to IN1 General Industrial, and to rezone the remainder of the land to E4- Environmental Living.  Also, to preserve the amenity of this neighbouring residential area, a provision is proposed in the draft Stage 1 LEP, limiting the use of IN1 land within 30m of the Russell Street boundary to landscaping only.

 

The property owners will have the option of making a written submission in response to the public notification of draft Stage 1 of the LEP if they have further technical information which they desire Council to consider in relation to the flooding, setbacks from Russell Street or other provisions.

St Marys Leagues Club

A proposal to reconsider the range of permissible uses on the St Marys Leagues Club site was presented to the Briefing Session of 31 July 2006.  The land is currently zoned part 1(c) and part 5(b) under Interim Development Order 81, and part 4(a) under LEP 1996 (Industrial Lands).  A formal rezoning application was subsequently lodged, and discussions with the Club have continued, regarding appropriate zoning and potential additional uses for the land.

 

Subject to final resolution of biodiversity and flooding issues affecting the site, it is proposed to zone the site a combination of SP1 Special Activities (Registered Club); E2 Environmental Conservation; and IN2 Light Industrial.  Given the site’s location on a major road in the north-east of the City, it is proposed to include ‘bulky goods premises’ as an additional use for this site, in Schedule 1 of the draft Stage 1 LEP.  This will provide a greater degree of flexibility in establishing viable and appropriate uses on the site and recognises the different character of this area by comparison to the broader IN2 Light Industrial zone.  It is also not considered to challenge the City’s existing retail hierarchy.

 

It is noted that the Club also owns land on the southern side of Boronia Road, which is adjacent to an existing residential area.  Appropriate zones for this land are likely to be of a residential nature, and will therefore be considered as part of Stage 2 of the Penrith Local Environmental Plan.  In the meanwhile, this site retains its current potential under the existing planning provisions.

Waterside Corporate

Council, at its Policy Review Committee Meeting of 10 September 2007, considered a request from Stockland to expand the range of permissible uses on the employment lands in the Waterside Estate fronting Andrews Road, Cranebrook.  In response to this request, Council resolved to rezone the employment land to IN2 Light Industrial, and progress the rezoning as part of the draft Stage 1 LEP process.

 

A specific clause is proposed in Part 6 of the draft Stage 1 LEP to bring across provisions from the current Lakes Environs LEP relating to noise, flooding, the appearance of development, prevention of direct access to Andrews Road, protection of the wetland to the north, and protection of any Aboriginal relics on the site.

 

The applicant has also requested the inclusion of specific uses in Schedule 1 Additional Permissible Uses, to permit the development of ‘business premises’, ‘office premises’ and ‘restaurants’.  To protect the City’s established retail hierarchy the local provision for Waterside Corporate limits the total floor space of ‘food and drink premises’ and ‘neighbourhood shops’ on this site, as well as identifying a maximum floor space for an individual ‘neighbourhood shop’ or ‘food and drink premise’.  A limit is also placed on the total floor space of all ‘office premises’ and ‘business premises’.  This approach has been developed in consultation with the applicant, and is considered sufficient to provide flexibility in developing the site, without challenging the established retail hierarchy or affecting the viability of adjacent uses.

Erskine Business Park (formerly Erskine Park Employment Area)

Penrith LEP 1994 (Erskine Park Employment Area) applies to land now known as Erskine Business Park.  Advice from the Department of Planning indicates that this area will be the subject of a draft State Environmental Planning Policy (SEPP) as part of the Western Sydney Employment Hub.  When the draft SEPP is finalised, it will become the planning instrument which controls Erskine Business Park, and neither Penrith LEP 1994 nor the Penrith Local Environmental Plan 2008 will apply.  The timeframe for gazettal of the draft SEPP is, however, currently unclear and it is considered prudent to include Erskine Business Park within the draft Stage 1 LEP.

 

Under the draft Stage 1 LEP, the majority of Erskine Business Park is proposed to be zoned IN1 General Industrial.  The flood liable land and the identified biodiversity areas are proposed to be zoned E2 Environmental Conservation.  This represents a slightly different approach to that of the current plan, but reflects the substantial work done in the last few years towards protecting the significant stands of Cumberland Plain Woodland on the site.  A local provision has been drafted for Part 6 of the draft Stage 1 LEP, proposing to restrict development, within 150m of a residential area, to uses that will have less impact on residential amenity.  This approach gives developers greater flexibility in land uses, but requires that they use site layout and design to provide an effective buffer to protect adjacent residential areas.

 

The current provisions of LEP 1994 (Erskine Park Employment Area) can generally be incorporated into the draft Stage 1 LEP.  There are 4 matters which cannot be addressed through the Standard LEP Template provisions, and these clauses (relating to flood liable land, access off Mamre Road, development under the transmission line and design of buildings in gateway locations) are proposed to be included in the local provisions in Part 6 of the draft Stage 1 LEP.

 

The local provision clause for Erskine Business Park therefore requires all buildings to have a floor level above the Ropes Creek Probable Maximum Flood, and does not permit any development to have direct access to Mamre Road.  The provision also prohibits development under the transmission easement, and requires that development in the gateway locations has a high quality standard of design and appearance.

Exempt and complying development

Currently, exempt and complying development is regulated by Penrith Local Environmental Plan No. 255 (Exempt and Complying Development) as amended.  This LEP operates to establish a statutory connection with Penrith Development Control Plan 2006, which contains the detailed provisions relating to exempt and complying development.  This approach was standard across New South Wales, and allowed Councils to have some flexibility in applying exempt and complying development provisions.  It also meant that the State Government, which does not regulate Development Control Plans, had minimal involvement in the type and extent of development which Councils chose to classify as exempt and complying.

 

Under the Standard LEP Template, exempt and complying development must now be included in the Local Environmental Plan, as Schedules 2 and 3 respectively.  This gives the State Government much greater involvement and control over these forms of development, and the Department of Planning has indicated that it expects a significant proportion of development to be included in the exempt and complying development provisions.  This approach is intended to reduce ‘approval times’ by reducing the number of development applications required by Councils.

 

The Department of Planning has therefore indicated that Councils must fully review their existing exempt and complying provisions as part of preparing their new Citywide LEPs.  The Department have also verbally advised that a standard format for Schedules 2 and 3 may be part of the revisions currently being considered to the Standard Template.  If the revisions to the Template are released in time, Schedules 2 and 3 of the draft Stage 1 LEP will be reformatted to comply with the Template prior to exhibition.

 

Activities currently classified as ‘exempt development’ in industrial zones relate to minor structures ancillary to existing land uses.  Given the nature of uses carried out in industrial areas, it is not proposed to expand the exempt development activities, the review required as part of the draft Stage 1 LEP focussed on the criteria currently applying to exempt development activities, and ensuring that the definitions used for the land uses were consistent with the Standard LEP Template.

 

At this stage, the review of exempt and complying development activities is still being finalised.  A current draft of all exempt and complying development, including relevant provisions, is included in Schedule 3 of the draft Stage 1 LEP which was distributed under separate cover. As noted earlier in the report, the draft Stage 1 LEP will need to be assessed by a number of branches within the Department, including Parliamentary Counsel, and some amendment may be requested.

Next Steps

Stage 1 of the Penrith Local Environmental Plan 2008 applies to all industrial areas across the City.  The next step in this process, subject to Council endorsing the recommendations in tonight’s reports, is to forward the provisions for the City’s industrial areas as part of the draft Penrith Local Environmental Plan 2008 – Stage 1 to the Department of Planning, with a request that a certificate be issued that will allow the plan to be exhibited.

 

As part of this process, the draft Stage 1 LEP will need to be assessed by a number of branches within the Department, including Parliamentary Counsel, and some amendment may be requested.  Council will be informed if any major changes are required as part of the issue of the certificate for exhibition.

 

The draft Stage 1 LEP can then be placed on public exhibition, which provides the community with an opportunity to examine the proposed planning provisions, and make submissions.  A full report on the results of the exhibition will be presented to Council in 2008.

 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Draft Penrith Local Environmental Plan 2008 - Stage 1 (Industrial Lands) be received.

2.     Council submit the provisions relating to the City’s industrial lands as part of the draft Penrith Local Environmental Plan 2008 – Stage 1 to the Department of Planning with a request that the Department issue a certificate under Section 65 of the Environmental Planning and Assessment Act, 1979.

3.     When the Section 65 certificate is received, Council exhibit the provisions for the City’s industrial lands as part of draft Penrith Local Environmental Plan 2008 – Stage 1, with any minor amendments as directed by the Department of Planning in issuing the certificate.

 

 

4.     A further report be presented to Council, regarding the matters raised in submissions to the draft Penrith Local Environmental Plan 2008 – Stage 1, after the conclusion of the public exhibition.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Policy Review Committee Meeting

8 October 2007

The City in its Broader Context

 

 

The City in its Broader Context

 

 

4

Draft Penrith Local Environmental Plan 2008 - Stage 1 (Southern Rural Lands)   

 

Compiled by:                Allegra Zakis, Local Plan Team Leader

Tanya Jackson, Local Plan Team Leader

Elizabeth Hanlon, Senior Environmental Planner

Liza Cordoba, Acting Local Plan Co-ordinator

Authorised by:             Ruth Goldsmith, Acting Director - City Strategy   

Strategic Program Term Achievement: Council's agreed strategies, where they relate to planning provisions, are implemented through the new Citywide Penrith Local Plan and Penrith Development Control Plan.

Critical Action: Develop the Citywide Penrith Local Plan and Development Control Plan by March 2009, as agreed with the Department of Planning.

     

Purpose:

To inform Council of the proposed zones and provisions applicable to the southern rural lands of the City under draft Penrith Local Environmental Plan 2008 - Stage 1. The report recommends that the zones and provisions relevant to the southern rural lands be endorsed and forwarded to the Department of Planning as part of draft Penrith Local Environmental Plan 2008 - Stage 1 with a request to issue a certificate to enable exhibition of the plan.

 

Executive Summary

This report, which deals specifically with the City’s southern rural lands in the context of Stage 1 of draft Penrith Local Environmental Plan 2008, is one of a series in tonight’s Business Paper.  The aim of the reports is to enable the draft Penrith Local Environmental Plan 2008 – Stage 1, with the Department of Planning’s agreement, to be exhibited.

 

Stage 1 of the draft Penrith Local Environmental Plan 2008 applies to the rural lands across the City.  The adopted Rural Lands Strategy provides a clear policy direction for drafting the new provisions relating to rural lands across the City, including zones, proposed land uses and minimum lot sizes.  The Rural Lands Strategy, together with the existing planning instruments, has been used to guide the preparation of clauses relating to the City’s rural lands and also some provisions which will apply across the City when Stage 2 of the Penrith Local Environmental Plan is prepared.

 

Key improvements in the draft Stage 1 LEP include the protection of biodiversity on private properties, recognition of the scenic value of the rural lands, protection of development which may suffer through a bushfire even where it is not formally designated as bushfire prone, and the introduction of additional considerations for traffic generating development which may otherwise have a negative impact on rural amenity.

 

In preparing draft Stage 1 LEP, the opportunity has been taken to consider the planning provisions for relevance against today’s standards, and the desired form of future development in the City.  This has resulted in updated provisions in a number of areas, and new provisions in the draft Stage 1 LEP, which will be supported by contemporary provisions in the draft Penrith Development Control Plan 2008.

Structure of draft Penrith Local Environmental Plan 2008 – Stage 1 reports

This report is one of a series in tonight’s Business Paper which discusses Stage 1 of draft Penrith Local Environmental Plan 2008 (the draft Stage 1 LEP), and deals specifically with the southern rural lands.  Other reports in the series provide general information about the preparation and exhibition process of the draft Stage 1 LEP, as well as detailed information on the provisions for the northern rural lands, industrial areas, St Marys Town Centre, proposed heritage items, and the proposed reclassification of land in Dunheved and St Marys Town Centre.  In some cases, provisions apply to more than one area.  Where this occurs, the information on those provisions has been replicated in each relevant report.  A full copy of the draft Stage 1 LEP, including schedules, has been distributed under separate cover, together with the draft land application map, zoning map, lot size map and a map identifying biodiversity and riparian corridors.

 

Although information presented to tonight’s meeting has been separated into different reports to facilitate full discussion, the cumulative outcome of adopting all recommendations is to enable the draft Penrith Local Environmental Plan 2008 – Stage 1 to be forwarded to the Department of Planning with a request that the Department issue a certificate under section 65 of the Environmental Planning and Assessment Act, 1979 (as amended).  This will allow the draft Stage 1 LEP to be exhibited.

Southern Rural Lands

The southern rural lands include Orchard Hills, the Mulgoa Valley and the areas around Badgerys Creek, Kemps Creek and Mt Vernon.  The proposed planning controls for these areas have been drawn directly from the recommendations in Council’s adopted Rural Lands Strategy, subject only to the limitations imposed by the Standard LEP Template.  Zone titles recommended by the Rural Lands Strategy have not been able to be used, and two land use designations under the Rural Lands Strategy have had to be combined into one zone, due to the limited zones now available.  The proposed minimum lot sizes for specific forms of development, including dwellings and dual occupancy, are consistent with the recommendations of the Rural Lands Strategy.

 

Most of the City’s rural lands are currently governed by Local Environmental Plan 201 (LEP201).  Key clauses in LEP 201 have been brought across to the new Stage 1 LEP, including clauses relating to the site reserved for the second Sydney Airport, extractive industry, development on designated roads, water supply to new subdivisions, and minimum lot sizes for dwellings on land listed in Schedule 1 of LEP 201.

 

The draft Stage 1 LEP, in addition to replicating key clauses of LEP 201, includes a number of new provisions which are aimed at improving the quality and sustainability of development across the City, including in the rural areas.  These are:-

 

Biodiversity corridors (clause 34A) applies to non urban areas, and is drawn from the draft Flora and Fauna Corridors LEP.  It requires that, where work within identified corridors may negatively impact on the operation of the corridor as a link for flora and fauna between key areas of remnant vegetation, development consent is obtained prior to undertaking that work.

 

Salinity (clause 41) requires that, in areas that may be subject to salinity, Council fully considers the implications of any proposed development, and any mitigation measures proposed, prior to granting development consent.

 

Development on flood liable land (clause 42) requires development consent for activities on flood liable land which may either place life, property or the environment at greater risk on that site, or intensify the likely impact of flooding on sites.  A separate clause (clause 50) prohibits dual occupancy development on known flood liable lands in Penrith and Regentville.

 

Bushfire prone land provisions (clause 43) have been extended to land which is not itself designated as bushfire prone, but which may nonetheless be impacted on in the event of a bushfire.  It requires that proposed development incorporate measures to minimise the risk to life, property and the environment, including considering the potential for ‘ember attack’ with regard to roof design and landscaping.  This clause recognises that airborne embers can travel long distances, and can therefore threaten structures in areas which are not bushfire prone, and seeks to ensure that strategies are in place to minimise likely property loss.

 

Riparian corridors (clause 44) requires that development not have a negative effect on stream health within a certain distance of a recognised watercourse.  The distance increases with the significance of the watercourse to the City’s system of waterways.

 

Protection of scenic character and landscape values (clause 45) recognises that the scenic character of Penrith’s rural lands is a valuable asset, and seeks to protect it.  The intent of the provision is drawn from the adopted Landscape Character Strategy, and it requires that Council consider the scenic and visual impact of a development prior to granting consent, and provides the opportunity to impose conditions relating to height, siting, building materials and colours if these are considered to assist in mitigating any visual impact.  It is intended that this clause will be expanded to include riverine scenic areas identified in SREP 20, if the review of SREP 20 currently being undertaken by the Department of Planning, is completed in time.

 

Traffic generating development (clause 47) relates to the establishment of new cemeteries and crematoria, places of public worship and schools.  This clause seeks to address concerns about the potential impact of these developments, while still providing opportunity for them to locate in the rural lands.  The clause establishes heads of consideration relating to site area, access to services, visual and acoustic impact and traffic generation.

 

It is intended that these clauses will apply generally to development in the rural lands, and in some cases to all development across the City.

Mulgoa Valley

Two key planning documents currently govern development in the Mulgoa Valley.  One is the Sydney Regional Environmental Plan 13 – Mulgoa Valley; and the second is the Penrith LEP 2001 Mulgoa and Wallacia Villages.

 

Provisions for the villages contained in LEP 201, including minimum lot sizes, have been brought across into the draft Stage 1 LEP.  The lack of a commercial zone suitable for the village centres has meant that both villages are zoned RU5 Village which does not reflect the different uses in the commercial core of Mulgoa and Wallacia.  Consequently, additional commercial uses, suitable to serving the needs of the villages and the surrounding areas, are listed for the land on which the shops are currently located in Schedule 1 ‘Additional Permissible Uses’.

 

As it is intended to repeal Sydney Regional Environmental Plan No 13 – Mulgoa Valley (SREP 13) with the gazettal of the Penrith Local Environmental Plan 2008 – Stage 1, key provisions of SREP 13 have been incorporated into the draft Stage 1 LEP.  In some cases this has been done through general clauses (such as the scenic protection clause) and in some cases through the local provisions prepared for Mulgoa Valley.  This provision includes clauses which replicate the development consent criteria already in SREP 13, protects existing non-confirming land uses and nominates a 10ha minimum lot size in specific localities.

 

In addition to the clauses in the draft Stage 1 LEP, the Mulgoa Valley will be identified as a key precinct in draft Development Control Plan 2008 (DCP 2008), which will enable additional controls to be applied to protect the scenic and rural character of the valley.  It is anticipated that the provisions currently included in the Development Control Plan which supports SREP 13 will be reproduced in the process of drafting provisions for DCP 2008.

Orchard Hills

Similarly to Mulgoa Valley, development in Orchard Hills is currently governed by a State planning instrument, the Sydney Regional Environmental Plan No 25 – Orchard Hills (SREP 25).  It is intended that this plan will also be repealed with the gazettal of the Penrith Local Environmental Plan 2008 – Stage 1.  Key provisions in SREP 25 have, where possible, been incorporated into the draft Stage 1 LEP.  The lot size map, in particular, recognises that some lots in Orchard Hills have exhausted their subdivision potential and prohibits further subdivision of these lots.  The land use table for the RU4 zone also recognises current uses and issues within Orchard Hills.

 

Other planning matters, which cannot be incorporated into the general sections of the draft Stage 1 LEP, have been addressed through the drafting of a ‘local provision’ clause, specific to Orchard Hills.  This clause covers a number of issues, including the development consent criteria already in SREP 25.

 

It is also intended to identify Orchard Hills as a key precinct in draft Development Control Plan 2008.  This approach will ensure that issues in SREP 25 and the associated Development Control Codes, which cannot readily be incorporated into the draft Stage 1 LEP, are addressed.

Orchard Hills RAAF / RAN Base

The Orchard Hills RAAF / RAN Base, or Kingswood Armaments Depot, at Orchard Hills is part of the City’s southern rural lands and is therefore included in the draft Stage 1 LEP.  This land is a key site within the City’s biodiversity system, and a significant proportion of the site has been identified on the Register of the National Estate for its biodiversity and natural values.  This part of the site is proposed to be zoned E2 Environmental Conservation, consistent with the proposed approach for other publicly owned land, with high conservation values, in the City.  The remainder of the site is proposed to be zoned SP1 Special Activities to recognise the ongoing use of the land by the Department of Defence.

Twin Creeks

Twin Creeks is a rural residential development in the south of the City which will ultimately comprise 177 rural residential lots, a championship golf course and associated club house, and a short stay hotel, as well as a community facility and sewage treatment plant.  In March 2004, and again in July 2004, Council considered a rezoning application to allow an additional 80 dwellings on the site, in the form of medium density housing in a block adjacent to the golf course.  Council’s primary reasons for supporting the rezoning were to facilitate the overall development of Twin Creeks as a quality tourist destination in Penrith, and to encourage a different form of housing on the site which would, in turn, provide the potential for a different population demographic, making the onsite community more diverse and more sustainable.

 

Council twice resolved to prepare and exhibit the draft LEP, and notified the Department of Planning of those resolutions, as required by section 54 of the Environmental Planning and Assessment Act.  In August 2004, the Department indicated that it would not support such an urbanised form of development in a rural zone, and would not issue a certificate to exhibit the draft plan.

 

The developer of Twin Creeks has since been liaising directly with the Department of Planning in an effort to secure some increased density of residential development on the part of the site upon which the 88 dwellings were proposed.  Additional information was prepared by the applicant to address the Department’s concerns, and this was forwarded to the Department in September 2005.

 

In late September 2007 the developer submitted a draft report to Council, which argued for additional dwellings in the form of smaller rural residential lots.  There was not sufficient detail in the report to enable the merits of the proposal to be assessed and presented to Council at that time.  As a result, the draft Stage 1 LEP proposes to zone Twin Creeks E4 Environmental Living, and reproduces the original provisions governing the development of Twin Creeks in terms of density, dwelling numbers and lot sizes.  The developer will no doubt make a submission to the exhibited provisions.

 

This week, Council has been informally notified that the Department is currently considering support for an increase in density on part of the site.  If the Department’s support is forthcoming, it is not clear at this stage how changes to the LEP provisions that currently apply to Twin Creeks would be achieved.

 

Council officers will continue to liaise with the Department to ascertain the details of the possible increase in density, so that Council may make an informed decision as to whether it should be supported.  Additional information will be presented to Council on this matter when it is available.

Exempt and Complying Development Provisions

Currently, exempt and complying development is regulated by Penrith Local Environmental Plan No 255 – Exempt and Complying Development, as amended.  This LEP operates to establish a statutory connection with Penrith Development Control Plan 2006, which contains the detailed provisions relating to exempt and complying development.  This approach was standard across New South Wales, and allowed Councils to have some flexibility in applying exempt and complying development provisions.  It also meant that the State Government, which does not regulate Development Control Plans, had minimal involvement in the type and extent of development which Councils chose to classify as exempt and complying.

 

Under the Standard LEP Template, exempt and complying development must now be included in the Local Environmental Plan, as Schedules 2 and 3 respectively.  This gives the State Government much greater involvement and control over these forms of development, and the Department of Planning has indicated that it expects a significant proportion of development to be included in the exempt and complying development provisions.  This approach is intended to reduce ‘approval times’ by reducing the number of development applications required by Councils.

 

The Department of Planning has therefore indicated that Councils must fully review their existing exempt and complying provisions as part of preparing their new Citywide LEPs. 

 

Council’s current ‘exempt development’ activities already cover a broad range of structures and outbuildings which are considered to be ancillary to existing land uses in the City’s rural lands.  This includes those structures and outbuildings normally associated with a dwelling house.  Given the extent of activities already listed as exempt, the review required as part of the draft Stage 1 LEP focussed on the criteria currently applying to exempt development activities.  In particular, attention was focussed on ensuring that land use activities, or planning criteria, which have proven problematic in the past, are reworked to address the issues which have arisen.

 

In this regard, one item for review has been ‘demolition’ of a dwelling and ancillary structures or outbuildings, which is currently exempt or complying development.  Over the years, this activity has generated the need for Council officers to check on the circumstances under which the demolition is being undertaken, and whether appropriate measures are in place to minimise likely risk from the disturbance of asbestos or other hazardous materials.  It is therefore proposed that demolition works will no longer be exempt or complying development, which means that in future such works will require development consent.  This establishes a process through which potential hazards can be minimised, thus providing better protection for the land owners, demolition contractor and residents in the surrounding area.

 

It is also proposed that the complying development activities should be expanded to include two storey dwelling houses in the rural village areas of Mulgoa, Wallacia and Luddenham, bed and breakfast accommodation provided there are no internal works required, and scaffolding/ hoardings being erected on the footpath (road reserve) or on private property. 

 

The proposed list of exempt and complying development activities and criteria is in Schedules 2 and 3 of draft Stage 1 LEP, which was distributed under separate cover.

Next Steps

Stage 1 of the Penrith Local Environmental Plan 2008 applies to the City’s southern rural lands.  The next step in this process, subject to Council endorsing the recommendations in tonight’s reports, is to forward the provisions for the City’s southern rural lands as part of the draft Penrith Local Environmental Plan 2008 – Stage 1 to the Department of Planning, with a request that a certificate be issued that will allow the plan to be exhibited.

 

As part of this process, the draft Stage 1 LEP will need to be assessed by a number of branches within the Department, including Parliamentary Counsel, and some amendment may be requested.  Council will be informed if any major changes are required as part of the issue of the certificate for exhibition.

 

The draft Stage 1 LEP can then be placed on public exhibition, which provides the community with an opportunity to examine the proposed planning provisions, and make submissions.  A full report on the results of the exhibition will be presented to Council in 2008.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Draft Penrith Local Environmental Plan 2008 - Stage 1 (Southern Rural Lands) be received.

2.     Council submit the provisions relating to the City’s southern rural lands as part of draft Penrith Local Environmental Plan 2008 – Stage 1 to the Department of Planning, with a request that the Department issue a certificate under Section 65 of the Environmental Planning and Assessment Act, 1979.

3.     When the Section 65 certificate is received, Council exhibit the provisions for the City’s southern rural lands as part of draft Penrith Local Environmental Plan 2008 – Stage 1, with any minor amendments as directed by the Department of Planning in issuing the certificate.

4.     A further report be presented to Council, regarding the matters raised in submissions to the draft Penrith Local Environmental Plan 2008 – Stage 1, after the conclusion of the public exhibition.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Policy Review Committee Meeting

8 October 2007

The City in its Broader Context

 

 

The City in its Broader Context

 

 

5

Draft Penrith Local Environmental Plan 2008 - Stage 1 (Northern Rural Lands)   

 

Compiled by:                Allegra Zakis, Local Plan Team Leader

Tanya Jackson, Local Plan Team Leader

Elizabeth Hanlon, Senior Environmental Planner

Liza Cordoba, Acting Local Plan Co-ordinator

Authorised by:             Ruth Goldsmith, Acting Director - City Strategy   

Strategic Program Term Achievement: Council's agreed strategies, where they relate to planning provisions, are implemented through the new Citywide Penrith Local Plan and Penrith Development Control Plan.

Critical Action: Develop the Citywide Penrith Local Plan and Development Control Plan by March 2009, as agreed with the Department of Planning.

     

Purpose:

To inform Council of the proposed zones and provisions applicable to the northern rural lands of the city under draft Penrith Local Environmental Plan 2008 - Stage 1.  The report recommends that the zones and provisions relevant to the northern rural lands be endorsed and forwarded to the Department of Planning as part of draft Penrith Local Environmental Plan 2008 - Stage 1, with a request to issue a certificate to enable exhibition of the plan.

 

Executive Summary

This report, which deals specifically with the City’s northern rural lands in the context of Stage 1 of draft Penrith Local Environmental Plan 2008, is one of a series in tonight’s Business Paper.  The aim of the reports is to enable the draft Penrith Local Environmental Plan 2008 – Stage 1, with the Department of Planning’s agreement, to be exhibited.

 

Stage 1 of the draft Penrith Local Environmental Plan 2008 applies to the rural lands across the City.  The adopted Rural Lands Strategy provides a clear policy direction for drafting the new provisions relating to rural lands across the City, including zones, proposed land uses and minimum lot sizes.  The Rural Lands Strategy, together with the existing planning instruments, has been used to guide the preparation of clauses relating to the City’s rural lands and also some provisions which will apply across the City when Stage 2 of the Penrith Local Environmental Plan is prepared.

 

Key improvements in the draft Stage 1 LEP include the protection of biodiversity on private properties, recognition of the scenic value of the rural lands, protection of development which may suffer through a bushfire even where it is not formally designated as bushfire prone, and the introduction of additional considerations for traffic generating development which may otherwise have a negative impact on rural amenity.

 

In preparing draft Stage 1 LEP, the opportunity has been taken to consider the planning provisions for relevance against today’s standards, and the desired form of future development in the City.  This has resulted in updated provisions in a number of areas, and new provisions in the draft Stage 1 LEP, which will be supported by contemporary provisions in the draft Penrith Development Control Plan 2008.

Structure of draft Penrith Local Environmental Plan 2008 – Stage 1 reports

This report is one of a series in tonight’s Business Paper which discusses Stage 1 of draft Penrith Local Environmental Plan 2008 (the draft Stage 1 LEP), and deals specifically with the northern rural lands.  Other reports provide general information about the preparation and exhibition process of the draft Stage 1 LEP, as well as detailed information on the provisions for the southern rural lands, industrial areas, St Marys Town Centre, proposed heritage items, and the reclassification of land in Dunheved and St Marys Town Centre.  In some cases, provisions apply to more than one area.  Where this occurs, the information on those provisions has been replicated in each relevant report.  A full copy of the draft Stage 1 LEP, including schedules, has been distributed under separate cover, together with the draft land application map, zoning map, lot size map and a map identifying biodiversity and riparian corridors.

 

Although information presented to tonight’s meeting has been separated into different reports to facilitate full discussion, the cumulative outcome of adopting all recommendations is to enable the draft Penrith Local Environmental Plan 2008 – Stage 1 to be forwarded to the Department of Planning with a request that the Department issue a certificate under section 65 of the Environmental Planning and Assessment Act, 1979 (as amended).  This will allow the draft Stage 1 LEP to be exhibited.

Northern Rural Lands

The northern rural lands include Llandilo, Berkshire Park, Londonderry, Agnes Banks and Cranebrook.  The proposed zones and minimum lot sizes in these areas have been drawn directly from the recommendations in Council’s adopted Rural Lands Strategy, subject only to the limitations imposed by the Standard LEP Template.  Zone titles recommended by the Rural Lands Strategy have not been able to be used, and two land use designations under the Rural Lands Strategy have had to be combined into one zone, due to the limited zones now available.  The proposed minimum lot sizes for specific forms of development, including dwellings and dual occupancy, are consistent with the recommendations of the Rural Lands Strategy.

 

Most of the City’s rural lands are currently governed by Local Environmental Plan 201 (LEP201).  Key clauses in LEP 201 have been brought across to draft Stage 1 LEP, including clauses relating to extractive industry, development on designated roads, water supply to new subdivisions and minimum lot sizes for dwellings on land listed in Schedule 1 of LEP 201.

 

The draft Stage 1 LEP, in addition to replicating key clauses of LEP 201, includes a number of new provisions which are aimed at improving the quality and sustainability of development across the City, including in the rural areas.  These are:-

 

Biodiversity corridors (clause 34A) applies to non urban areas, and is drawn from the draft Flora and Fauna Corridors LEP.  It requires that, where work within identified corridors may negatively impact on the operation of the corridor as a link for flora and fauna between key areas of remnant vegetation, development consent is obtained prior to undertaking that work.

 

Salinity (clause 41) requires that, in areas that may be subject to salinity, Council fully considers the implications of any proposed development, and any mitigation measures proposed, prior to granting development consent.

 

Development on flood liable land (clause 42) requires development consent for activities on flood liable land which may either place life, property or the environment at greater risk on that site, or intensify the likely impact of flooding on sites.  A separate clause (clause 50) prohibits dual occupancy development on known flood liable lands in Penrith and Regentville.

 

Bushfire prone land provisions (clause 43) have been extended to land which is not itself designated as bushfire prone, but which may nonetheless be impacted on in the event of a bushfire.  It requires that proposed development incorporate measures to minimise the risk to life, property and the environment, including considering the potential for ‘ember attack’ with regard to roof design and landscaping.  This clause recognises that airborne embers can travel long distances, and can therefore threaten structures in areas which are not bushfire prone, and seeks to ensure that strategies are in place to minimise likely property loss.

 

Riparian corridors (clause 44) requires that development not have a negative effect on stream health within a certain distance of a recognised watercourse.  The distance increases with the significance, of the watercourse, to the City’s system of waterways.

 

Protection of scenic character and landscape values (clause 45) recognises that the scenic character of Penrith’s rural lands is a valuable asset, and seeks to protect it.  The intent of the provision is drawn from the adopted Landscape Character Strategy, and it requires that Council consider the scenic and visual impact of a development prior to granting consent, and provides the opportunity to impose conditions relating to height, siting, building materials and colours if these are considered to assist in mitigating any visual impact.  It is intended that this clause will be expanded to include riverine scenic areas identified in SREP 20, if the review of SREP 20 currently being undertaken by the Department of Planning, is completed in time.

 

Traffic generating development (clause 47) relates to the establishment of new cemeteries and crematoria, places of public worship and schools.  This clause seeks to address concerns about the potential impact of these developments, while still providing opportunity for them to locate in the rural lands.  The clause establishes heads of consideration relating to site area, access to services, visual and acoustic impact and traffic generation.

 

It is intended that these clauses will apply generally to development in the rural lands, and in some cases to all development across the City.

Former Crown Lands at Londonderry

The former Crown Lands at Londonderry, which were subject to a successful land claim by the Deerubbin Local Aboriginal Land Council, fall within the City’s northern rural lands.  By virtue of their former Crown Land status, these lands are generally undisturbed, and are likely to support extensive areas of threatened species.  Discussions over a number of years, with representatives of the Land Council, have indicated that they will seek to have all or part of these lands rezoned to facilitate some level of development.  To date, the discussions with the Land Council representatives have not yet identified the form of development that might be proposed in future, and which areas should be conserved for their biodiversity or cultural significance.  The Deerubbin Local Aboriginal Land Council has indicated that it is currently considering, in consultation with its members, the proposed future uses for this land.

 

The draft Stage 1 LEP therefore proposes, at this time, to zone this land E2 Environmental Conservation.  The E2 zone reflects the conservation value of these lands, but does not recognise the private ownership, nor does it permit any development opportunities.

 

The proposed zone should be regarded as a temporary approach, which will be reconsidered when the Deerubbin Local Aboriginal Land Council is in a position to identify appropriate future uses for this land, in discussions with Council.  It is not possible to identify an alternate zoning at this time, as the extent of threatened species on the site is not known, nor it is yet clear which areas of the site the Land Council are seeking to develop, and which areas are to be preserved for their cultural and spiritual value.  A notation on the Land Application Map clarifies the temporary nature of the proposed zone.

 

It is proposed to seek a flora and fauna study from the Deerubbin Local Aboriginal Land Council, as would be required of any other land owner, to determine which areas are most suitable for possible future development.  The Land Council will be encouraged to submit this study as part of a submission to the exhibition of the draft Stage 1 LEP.  It is proposed to undertake further planning investigations in consultation with the Land Council, to determine an appropriate final zoning pattern for the site, when the flora and fauna study has been considered.  Additional information will be provided to Council on this matter as it becomes available.

Exempt and Complying Development Provisions

Currently, exempt and complying development is regulated by Penrith Local Environmental Plan No. 255 – Exempt and Complying Development, as amended.  This LEP operates to establish a statutory connection with Penrith Development Control Plan 2006, which contains the detailed provisions relating to exempt and complying development.  This approach was standard across New South Wales, and allowed Councils to have some flexibility in applying exempt and complying development provisions.  It also meant that the State Government, which does not regulate Development Control Plans, had minimal involvement in the type and extent of development which Councils chose to classify as exempt and complying.

 

Under the Standard LEP Template, exempt and complying development must now be included in the Local Environmental Plan, as Schedules 2 and 3 respectively.  This gives the State Government much greater involvement and control over these forms of development, and the Department of Planning has indicated that it expects a significant proportion of development to be included in the exempt and complying development provisions.  This approach is intended to reduce ‘approval times’ by reducing the number of development applications required by Councils.

 

The Department of Planning has therefore indicated that Councils must fully review their existing exempt and complying provisions as part of preparing their new Citywide LEPs. 

 

Council’s current ‘exempt development’ activities already cover a broad range of structures and outbuildings which are considered to be ancillary to existing land uses in the City’s rural lands.  This includes those structures and outbuildings normally associated with a dwelling house.  Given the extent of activities already listed as exempt, the review required as part of the draft Stage 1 LEP focussed on the criteria currently applying to exempt development activities.  In particular, attention was focussed on ensuring that land use activities, or planning criteria, which have proven problematic in the past, are reworked to address the issues which have arisen.

 

In this regard, one item for review has been ‘demolition’ of a dwelling and ancillary structures or outbuildings, which is currently exempt or complying development.  Over the years, this activity has generated the need for Council officers to check on the circumstances under which the demolition is being undertaken, and whether appropriate measures are in place to minimise likely risk from the disturbance of asbestos or other hazardous materials.  It is therefore proposed that demolition works will no longer be exempt or complying development, which means that in future such works will require development consent.  This establishes a process through which potential hazards can be minimised, thus providing better protection for the land owners, demolition contractor and residents in the surrounding area.

 

It is also proposed that the complying development activities should be expanded to include two storey dwelling houses in the rural village of Londonderry, bed and breakfast accommodation provided there are no internal works required and scaffolding/ hoardings being erected on the footpath (road reserve) or on private property. 

 

The proposed list of exempt and complying development activities and criteria is in Schedules 2 and 3 of draft Stage 1 LEP, which was distributed under separate cover.

Next Steps

Stage 1 of the Penrith Local Environmental Plan 2008 applies to the City’s northern rural lands.  The next step in this process, subject to Council endorsing the recommendations in tonight’s reports, is to forward the provisions for the City’s northern rural lands as part of the draft Penrith Local Environmental Plan 2008 – Stage 1 to the Department of Planning, with a request that a certificate be issued that will allow the plan to be exhibited.

 

As part of this process, the draft Stage 1 LEP will need to be assessed by a number of branches within the Department, including Parliamentary Counsel, and some amendment may be requested.  Council will be informed if any major changes are required as part of the issue of the certificate for exhibition.

 

The draft Stage 1 LEP can then be placed on public exhibition, which provides the community with an opportunity to examine the proposed planning provisions, and make submissions.  A full report on the results of the exhibition will be presented to Council in 2008.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Draft Penrith Local Environmental Plan 2008 - Stage 1 (Northern Rural Lands) be received.

 

 

 

 

2.     Council submit the provisions relating to the City’s northern rural lands as part of draft Penrith Local Environmental Plan 2008 – Stage 1 to the Department of Planning, with a request that the Department issue a certificate under Section 65 of the Environmental Planning and Assessment Act, 1979.

3.     When the Section 65 certificate is received, Council exhibit the provisions for the City’s northern rural lands as part of draft Penrith Local Environmental Plan 2008 – Stage 1, with any minor amendments as directed by the Department of Planning in issuing the certificate.

4.     A further report be presented to Council, regarding the matters raised in submissions to the draft Penrith Local Environmental Plan 2008 – Stage 1, after the conclusion of the public exhibition.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Policy Review Committee Meeting

8 October 2007

The City in its Broader Context

 

 

The City in its Broader Context

 

 

6

Draft Penrith Local Environmental Plan 2008 - Stage 1 (Heritage Items)   

 

Compiled by:                Allegra Zakis, Local Plan Team Leader

Tanya Jackson, Local Plan Team Leader

Authorised by:             Ruth Goldsmith, Acting Director - City Strategy   

Strategic Program Term Achievement: Council's agreed strategies, where they relate to planning provisions, are implemented through the new Citywide Penrith Local Plan and Penrith Development Control Plan.

Critical Action: Develop the Citywide Penrith Local Plan and Development Control Plan by March 2009, as agreed with the Department of Planning.

     

Purpose:

To inform Council of the proposed listing and provisions applicable to existing and proposed heritage items, and heritage conservation areas, of the City under draft Penrith Local Environmental Plan 2008 - Stage 1.  The report recommends that the listing and provisions relevant to the existing and proposed heritage items, and conservation areas, be endorsed and forwarded to the Department of Planning as part of draft Penrith Local Environmental Plan 2008 - Stage 1, with a request to issue a certificate to enable exhibition of the plan.

 

Executive Summary

This report, which deals specifically with the City’s existing and proposed heritage items in the context of Stage 1 of draft Penrith Local Environmental Plan 2008, is one of a series in tonight’s Business Paper.  The aim of the reports is to enable the draft Penrith Local Environmental Plan 2008 – Stage 1, with the Department of Planning’s agreement, to be exhibited.

 

Stage 1 of the draft Penrith Local Environmental Plan 2008 applies to the City’s existing and proposed heritage items and heritage conservation places.  In December 2006, Council endorsed the public exhibition of the Heritage Study and Inventory, which detailed a process of review for the City’s existing heritage items and assessed new heritage places for possible protection as heritage items and heritage conservation areas.  The Study recommended the addition of some new places to Council’s existing list of heritage items, and the removal of other items that had either been demolished, or no longer required statutory protection.

 

The Department of Planning subsequently directed Council to include the proposed changes to existing heritage listings in Stage 1 of the draft Penrith Local Environmental Plan 2008 (draft Stage 1 LEP).

 

In preparing draft Stage 1 LEP, the opportunity has been taken to consider the planning provisions for relevance against today’s standards, and the desired form of future development in the City.  This has resulted in updated provisions in a number of areas, and new provisions in the draft Stage 1 LEP, which will be supported by contemporary provisions in the draft Penrith Development Control Plan 2008.

Structure of draft Penrith Local Environmental Plan 2008 – Stage 1 reports

This report is one of a series in tonight’s Business Paper which discusses Stage 1 of draft Penrith Local Environmental Plan 2008, and deals specifically with existing and proposed heritage items and heritage conservation areas.  Other reports in the series provide general information about the preparation and exhibition process of the draft Stage 1 LEP, as well as detailed information on the provisions for the southern rural lands, northern rural lands, industrial areas, St Marys Town Centre and the reclassification of land.  In some cases, provisions apply to more than one area.  Where this occurs, the information on those provisions has been replicated in each relevant report.  A full copy of the draft Stage 1 LEP, including schedules, has been distributed under separate cover, together with the draft land application map, zoning map, lot size map and a map identifying biodiversity and riparian corridors.

 

Although information presented to tonight’s meeting has been separated into different reports to facilitate full discussion, the cumulative outcome of adopting all recommendations is to enable the draft Penrith Local Environmental Plan 2008 – Stage 1 to be forwarded to the Department of Planning with a request that the Department issue a certificate under section 65 of the Environmental Planning and Assessment Act, 1979 (as amended).  This will allow the draft Stage 1 LEP to be exhibited.

Heritage Items

Council commissioned a Heritage Study in 2006, which reconsidered existing heritage items and assessed new heritage places for possible protection as heritage items and heritage conservation areas.  The purpose of this Study was to inform a review and update of Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation) (LEP 1991).  The Study process included two community meetings and three reference group meetings, and concluded that approximately 95 additional places should be recommended for listing as heritage items, and around 32 items should be recommended for removal from the current heritage list, as they have either been demolished or no longer require statutory protection.

 

Council considered the results of the Heritage Study at the Ordinary Meeting of 4 December 2006, and resolved to prepare an amendment to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation).  The amendment was to have the effect of changing, by adding items to or removing items from, the existing listed heritage items and heritage conservation places.  The report acknowledged the consultation opportunities that would then be provided to the owners of these places to comment on the proposed changes.

 

The Department of Planning subsequently advised that, due to the planning reform process and the requirement that all councils consolidate their planning instruments into a single plan, Council’s proposed amendments to LEP 1991, as a stand alone LEP, would not be supported.  Instead, Council was directed to include the proposed LEP 1991 amendments in Stage 1 of the draft Penrith Local Environmental Plan 2008 (draft Stage 1 LEP).

 

This process is straightforward for those items which fall within the boundaries of Stage 1, which is primarily those items and places in rural areas, industrial areas or in the St Marys Town Centre.  A number of existing and proposed heritage items, however, do not fall within the lands covered by Stage 1.  Land not covered by the draft Stage 1 LEP will not be rezoned until Stage 2 of the Penrith Local Environmental Plan.

 

The Department of Planning was asked for advice regarding how the heritage provisions of the draft Stage 1 LEP could be applied to the ‘Stage 2’ heritage items for the next year or so, while the zoning and other development standards continued to be drawn from their respective existing planning instruments.  In response, the Department requested Council staff to prepare options for amended clauses to address the issue.

 

Several clauses of the Standard LEP Template are therefore now proposed to be modified to enable the heritage provisions of the draft Stage 1 LEP to apply to those existing and proposed heritage items which are not located on lands covered by the draft Stage 1 LEP.  The draft Heritage Map, which is a statutory part of the draft Stage 1 LEP, will identify all existing and proposed heritage items, but will also identify the boundary of the lands covered by the draft Stage 1 LEP.

 

Clause 35 of the draft Stage 1 LEP has been amended by adding a sub-clause indicating that Clause 35 applies to all existing and proposed heritage items and heritage conservation areas, regardless of whether they are also zoned under the draft Stage 1 LEP.  Although the amended clauses have been developed in consultation with the Department of Planning, they have not yet been reviewed by Parliamentary Counsel.  If Parliamentary Counsel is not confident that the amended clauses operate as intended, they may be subject to further modification.

 

The full list of existing and proposed heritage items and places is included in Schedule 5 of the draft Penrith Local Environmental Plan 2008 - Stage 1 which was distributed under separate cover.  For information, a list of items proposed to be removed from the current Heritage Register is included as an Appendix to this report.  This list will not form part of the draft Stage 1 LEP.

Exempt and Complying Development

Currently, exempt and complying development is regulated by Penrith Local Environmental Plan No. 255 – Exempt and Complying Development, as amended.  This LEP operates to establish a statutory connection with Penrith Development Control Plan 2006, which contains the detailed provisions relating to exempt and complying development.  This approach was standard across New South Wales, and allowed Councils to have some flexibility in applying exempt and complying development provisions.  It also meant that the State Government, which does not regulate Development Control Plans, had minimal involvement in the type and extent of development which Councils chose to classify as exempt and complying.

 

Under the Standard LEP Template, exempt and complying development must now be included in the Local Environmental Plan, as Schedules 2 and 3 respectively.  This gives the State Government much greater involvement and control over these forms of development, and the Department of Planning has indicated that it expects a significant proportion of development to be included in the exempt and complying development provisions.  This approach is intended to reduce ‘approval times’ by reducing the number of development applications required by Councils.

 

The Department of Planning has therefore indicated that Councils must fully review their existing exempt and complying provisions as part of preparing their new Citywide LEPs.

 

Currently, exempt and complying development provisions do not apply to heritage items in Penrith.  This approach recognised that work, which may be of a minor nature for other types of development, could have a significant impact on the values and integrity of the heritage item.  The principles of this exclusion are retained in the Standard LEP Template (through clauses 16 and 17).

 

Certain activities and land uses located in heritage conservation areas can be exempt or complying development so long as they can comply with the criteria and are not a heritage item.  For example, a type of sign or a rainwater tank may be erected on land that is within a heritage conservation area as exempt development.

 

Council’s current ‘exempt and complying development’ activities already cover a broad range of structures, outbuildings and change of uses (permitted in the zone) to occur on land that is in a heritage conservation area.  Given the extent of activities already listed as exempt or complying, the review required as part of the draft Stage 1 LEP focussed on the criteria currently applying to exempt and complying development activities.

 

Generally, the heritage conservation areas are in that part of the City that will be rezoned in Stage 2 of the Penrith Local Plan.  In this regard, a further review of the activities that could be exempt and / or complying development will be undertaken in the next twelve months.

Incentives

Council continues to recognise Aboriginal and non-Aboriginal cultural heritage and values, and promote the City's cultural and environmental heritage.  In this regard, Council has in place a number of incentives to assist owners whose properties are heritage listed.  Financial assistance is provided by Council towards the direct conservation of heritage listed items through Council’s Local Heritage Assistance Fund, and applicants may also seek concessions from fees associated with undertaking the conservation works (such application fees that are payable to Council).

 

A clause in the current Heritage LEP permits Council to consider any use to occur within the heritage item if it will ensure the conservation of the item.  This clause is replicated in the Standard LEP Template and is known as subclause 35(9) of the draft Stage 1 LEP.

 

Since March 1996, Council has a operated a Heritage Advisory Service (HAS) to assist property owners in redeveloping or conserving buildings or land that is a heritage item, which is a free service to the community.

 

This program ensures that appropriate measures and management are in place to conserve, maintain and protect the heritage of the City.  The program has grown over time, and it is envisaged that the full range of projects undertaken in this program will be reported to Council shortly.

Next Steps

Stage 1 of the Penrith Local Environmental Plan 2008 applies to the City’s existing and proposed heritage items and heritage conservation places.  The next step in this process, subject to Council endorsing the recommendations in tonight’s reports, is to forward the provisions for the City’s existing and proposed heritage items and heritage conservation places as part of the draft Penrith Local Environmental Plan 2008 – Stage 1 to the Department of Planning, with a request that a certificate be issued that will allow the plan to be exhibited.

 

As part of this process, the draft Stage 1 LEP will need to be assessed by a number of branches within the Department, including Parliamentary Counsel, and some amendment may be requested.  Council will be informed if any major changes are required as part of the issue of the certificate for exhibition.

 

The draft Stage 1 LEP can then be placed on public exhibition, which provides the community with an opportunity to examine the proposed planning provisions, and make submissions.  When the dates for exhibition have been finalised, all owners of existing and proposed heritage items will be notified in writing of the proposed amendments to the current list of heritage items and heritage conservation areas, and invited to comment on the draft Stage 1 LEP.

 

A full report on the results of the exhibition will be presented to Council in 2008.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Draft Penrith Local Environmental Plan 2008 - Stage 1 (Heritage Items) be received.

2.     Council submit the provisions relating to the City’s heritage as part of the draft Penrith Local Environmental Plan 2008 – Stage 1 to the Department of Planning with a request that the Department issue a certificate under Section 65 of the Environmental Planning and Assessment Act, 1979.

3.     When the Section 65 certificate is received, Council exhibit the provisions for the City’s heritage, including the full list of proposed items, as part of draft Penrith Local Environmental Plan 2008 – Stage 1, with any minor amendments as directed by the Department of Planning in issuing the certificate.

4.     A further report be presented to Council, regarding the matters raised in submissions to the draft Penrith Local Environmental Plan 2008 – Stage 1, after the conclusion of the public exhibition.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Policy Review Committee Meeting

8 October 2007

The City in its Broader Context

 

 

The City in its Broader Context

 

 

7

Draft Penrith Local Environmental Plan 2008 - Stage 1 (St Marys Town Centre)   

 

Compiled by:                Allegra Zakis, Local Plan Team Leader

Tanya Jackson, Local Plan Team Leader

Liza Cordoba, Acting Local Plan Co-ordinator

Authorised by:             Ruth Goldsmith, Acting Director - City Strategy   

Strategic Program Term Achievement: Council's agreed strategies, where they relate to planning provisions, are implemented through the new Citywide Penrith Local Plan and Penrith Development Control Plan.

Critical Action: Develop the Citywide Penrith Local Plan and Development Control Plan by March 2009, as agreed with the Department of Planning.

     

Purpose:

To inform Council of the proposed zones and provisions applicable to the St Marys Town Centre in the draft Penrith Local Environmental Plan 2008 - Stage 1.  The report recommends that the zones and provisions relevant to the St Marys Town Centre be endorsed and forwarded to the Department of Planning as part of draft Penrith Local Environmental Plan 2008 - Stage 1, with a request  to issue a certificate to enable exhibition of the plan.

 

Executive Summary

This report, which deals specifically with the St Marys Town Centre in the context of Stage 1 of draft Penrith Local Environmental Plan 2008, is one of a series in tonight’s Business Paper.  The aim of the reports is to enable the draft Penrith Local Environmental Plan 2008 – Stage 1, with the Department of Planning’s agreement, to be exhibited.

 

Stage 1 of the draft Penrith Local Environmental Plan 2008 applies to the St Marys Town Centre.  A range of planning instruments currently applies to the Town Centre, with much of the land covered by the Penrith Planning Scheme Ordinance of 1960.  Specific local provisions have been written for the Town Centre, to reflect the character of the different precincts in the area.

 

In preparing draft Stage 1 LEP, the opportunity has been taken to consider the planning provisions for relevance against today’s standards, and the desired form of future development in the City.  This has resulted in updated provisions in a number of areas, and new provisions in the draft Stage 1 LEP, which will be supported by contemporary provisions in the draft Penrith Development Control Plan 2008.

Structure of draft Penrith Local Environmental Plan 2008 – Stage 1 reports

This report is one of a series in tonight’s Business Paper which discusses Stage 1 of draft Penrith Local Environmental Plan 2008, and deals specifically with St Marys Town Centre.  Other reports provide general information about the preparation and exhibition process of the draft Stage 1 LEP, as well as detailed information on the provisions for the southern rural lands, northern rural lands, industrial areas, proposed heritage items and the reclassification of land in Dunheved.  In some cases, provisions apply to more than one area.  Where this occurs, the information on those provisions has been replicated in each relevant report.  A full copy of the draft Stage 1 LEP has been distributed under separate cover, together with the draft land application map, zoning map, lot size map and a map identifying biodiversity and riparian corridors.

 

Although information presented to tonight’s meeting has been separated into different reports to facilitate full discussion, the cumulative outcome of adopting all recommendations is to enable the draft Penrith Local Environmental Plan 2008 – Stage 1 to be forwarded to the Department of Planning with a request that the Department issue a certificate under section 65 of the Environmental Planning and Assessment Act, 1979 (as amended).  This will allow the draft Stage 1 LEP to be exhibited.

Role of the St Marys Town Centre

The Metropolitan Strategy for Sydney identifies a hierarchy of centres, with projected dwelling and jobs targets for each type of centre.  St Marys is recognised in the Metropolitan Strategy as a Town Centre.

 

The adopted St Marys Town Centre Strategy anticipates that future growth in St Marys, over the next twenty years, will be in the order of an additional 8,000m2 – 10,000m2 of retail space, an additional 8,000m2 – 10,000m2 of commercial space, and about 1,200 additional dwellings.

 

This growth can be accommodated within the existing Town Centre boundaries, and is reflected by the proposed planning controls in the draft Stage 1 LEP.  A similar level of growth can currently be accommodated through the existing Penrith Planning Scheme Ordinance controls however, the market demand, particularly for residential development, has not yet emerged in this area.

 

Essentially, the proposed new planning controls provide greater definition and clarity for intending developers and, as articulated in the recent workshops, will assist by defining a vision and policy direction for the Town Centre that encourages interest and potentially investment.

 

There are a number of key landowners in St Marys that have continued discussions with Council officers regarding their specific sites as the planning controls have been developed.  There is clear interest from these major stakeholders in advancing plans for expansion and redevelopment on their sites, including the St Marys Village Shopping Centre, the Station Plaza, the St Marys Band Club, and individual landowners towards the northern end of Queen Street, in the vicinity of the Railway Station.  It will be important, in continuing to encourage these plans, to ensure that the special elements of St Marys, as defined in the Strategy Vision, are protected and enhanced.

St Marys Town Centre Strategy

The St Marys Town Centre Strategy was adopted by Council, together with the Penrith City Centre Strategy, in July 2006.  Encouraging appropriate and viable retail, commercial and residential development in St Marys was a key focus of the adopted Town Centre Strategy.   This is the foremost priority and the urban design needs to accommodate that balanced against the area’s assets.

 

Additional work has been commissioned by Council to provide and urban design response that best achieves the Strategy’s principles, balanced by the community’s aspirations to retain the views of the surrounding natural areas and Blue Mountains escarpment, and enhance the connectivity and pedestrian environment of Queen Street. 

 

The development form scenarios recommended by the consultancy team, HERE Architects and JILA Landscape Architects, have been developed from a review of the issues raised in submissions to the exhibited draft St Marys Town Centre Strategy, and were recently presented to Councillors in a Briefing Session.  Discussions regarding the proposed built form have generally centred on matters relating to the building heights, potential floor space ratio controls and the perceived fairness and equity of the proposed planning controls.

 

To progress the preparation of draft planning controls that could be applied to St Marys Town Centre, workshops were held with development industry representatives, and landowners and the St Marys Town Centre Association Manager, to provide comments and a ‘reality check’ on the development form being envisaged for the Town Centre.

 

It is intended that discussions on the proposed development form will continue with individual landowners while the draft Stage 1 LEP is on exhibition.

Outcomes of the Workshop and Information Sessions

A workshop session was held on 26 September 2007, aimed specifically at development professionals (architects, urban designers, planners) and real estate agents.  This workshop was attended by thirty people, including several Council officers, and was facilitated by Council’s consultant, HERE Architects.

 

The workshop was aimed at seeking the development industry’s participation in considering the outcomes, the feasibility of the recommended urban form, and appropriateness of the new planning controls.

 

There was agreement amongst the attendees that the St Marys Town Centre presents some unique development opportunities, and the group were confident that the challenges associated with realising the Centre’s future development potential could be resolved.  The group generally supported the following key elements of the future form of the Town Centre:-

·           creating a Town Square and Civic precinct

·           better linking the two (big box) shopping centres with Queen Street

·           improving and reinforcing pedestrian connectivity and linkages

·           creating and improving open space connections and green linkages

·           promoting active frontages at street level to improve safety and surveillance

·           using Council land to facilitate the achievement of the long term objectives

·           continuing involvement of, and consultation with, the development industry and community

·           managing car parking as part of a larger strategic framework, including the improvement of existing car park layouts, and exploring future options for decked parking to maintain car parking numbers whilst reducing actual area used for car parking.

 

Participants workshopped issues with the view to providing solutions for achieving the outcomes listed above.  Key recommendations arising from the workshop included:-

1.       Improving the public domain was identified as Council’s highest priority, as this will generate significant interest in investment and development in the Town Centre.  This includes enhancing the amenity of the public domain, increasing pedestrian connectivity, and building the central Town Square and Civic Precinct.

2.       ‘Market testing’ the reality of being able to consolidate allotments for redevelopment.  It was suggested that alternatives need to be considered, or flexibility needs to be built into the controls that will still allow redevelopment if consolidation cannot be achieved.

3.       Undertaking a block by block analysis of the existing and proposed built form to identify strong individual features and characteristics for each street block, reflecting the future potential of each block.

4.       Future analysis should detail the unique characteristics of different precincts, and planning controls should recognise this character.  In this regard, a variation on the proposed built form was suggested, focussing on creating ‘gateway’ statements at each of the three key east / west roads where they intersected with Queen Street, rather than at the northern (St Marys Station) and southern (Great Western Highway) ends of Queen Street.

5.       Controls should provide clear parameters and design guidelines and principles, but allow sufficient flexibility to encourage innovative and creative solutions.

6.       The existing Railway Station precinct needs to be improved, particularly to address concerns about the current land uses and safety.

7.       A range of options for the Great Western Highway entrance to the Town Centre should be further investigated.

 

An information session was held for landholders and other interested parties at the St Marys Band Club on Wednesday evening, 26 September 2007.  The twenty people attending this session were generally supportive of the potential for redevelopment in the St Marys Town Centre over the next 20 years.  The main concern expressed at the meeting was that the development and built form, as presented, would not result in any immediate opportunities for the landowners in the short term (next 2 to 5 years).  Their issues included:-

·           Questions over the economic feasibility of the development being proposed, and the potential difficulties in achieving the suggested consolidation of land parcels.

·           Potential concentration of retail in the expanded shopping centres, and the likely impact on the smaller retailers along Queen Street.

·           The proposed setback of 15 metres for residential buildings above two storeys along Queen Street should be removed.

·           Specifying the possible locations of future buildings creates inequity in development potential.

·           Impacts on owners where land has been suggested for public domain improvements.

 

The information and feedback that emerged from the sessions has been useful in determining the broad planning controls that need to be included in the draft Stage 1 LEP to enable the proposed St Marys plan to be advanced as part of the exhibition.  In response to the issues and suggestions that emerged from the workshop discussions, it is proposed that the following draft planning controls will be included on the draft Stage 1 LEP maps for public exhibition:

·           a maximum building height of 24 metres (generally 4 to 6 storeys) and a 2.5:1 FSR for the majority of properties along Queen Street, East Lane and West Lane in the St Marys Town Centre

·           a maximum building height of 32 metres and 3.5:1 FSR, to accommodate some taller residential buildings, in the ‘Station Entry’ railway precinct

·           a maximum building height of 16 metres and a 2.5:1 FSR for the properties south of the Great Western Highway, between Princess Mary Street and Mamre Road.

 

A key feature in the redevelopment of the St Marys Town Centre will be the mixture of commercial, retail and residential uses being located throughout the Centre and, where appropriate, in different levels or storeys of a building.  In this regard, it is proposed that a minimum site area of 1,400m2 will be required for mixed use development proposals.

 

The planning controls proposed at this stage are broad, and focus mainly on general planning provisions required to be included as part of the draft Stage 1 LEP.  More detailed planning controls for St Marys will be presented to Council in November, as part of the Penrith Development Control Plan 2008.

Zoning and Land Uses

The majority of the land within the St Marys Town Centre is zoned 3(a) General Business under the Penrith Planning Scheme Ordinance, permitting a range of commercial and retail activities as well as shop top housing.

 

The adopted St Marys Town Centre Strategy included an Activity Precincts map that identified the different precincts in the Town Centre, and suggested that in the context of their own characters, they should all be encouraged to support a mix of retail, commercial and residential land uses.  It is therefore proposed to apply a B4 Mixed Use zone across the whole of the St Marys Town Centre in the draft Stage 1 LEP.  As the B4 Mixed Use zone is already being used in the Penrith City Centre, a similar range of permissible uses can generally be reflected in St Marys.

 

The Standard LEP Template provides new terminology and definitions for a range of land uses, particularly those uses that are commercial or retail in nature.  Beyond the mandated uses, Council can nominate the type of uses that would be permissible in the zone.  To ensure that there is certainty regarding the range of permitted land uses, an exemption will be sought from State Environmental Planning Policy No.22 – Shops and Commercial Premises, to ensure that a commercial or retail use, which is not expressly listed in the zone as being permissible, is not made permissible through the application of SEPP 22.

Sex Services Premises and Restricted Premises

Also in tonight’s Business Paper is a report on the Penrith City Centre Plan.  In the Penrith City Centre Plan, ‘sex services premises’ and ‘restricted premises’ are land uses that will require development consent in the B4 Mixed Use zone.  This approach was required for the Penrith City Centre Plan as the existing exempt and complying criteria could not be amended with the Department of Planning’s timeframes for finalising the draft planning documents.  There are provisions included in the draft Plan that identify locational criteria for these uses.

 

For the St Marys Town Centre, however, the exempt and complying criteria have been reviewed as part of preparing the draft Stage 1 LEP.  This has enabled this above approach to be re-evaluated, and it is now proposed that, in the B4 Mixed Use zone, ‘sex services premises’ will be exempt development.  The exempt development criteria will prescribe numerical restrictions regarding the location of such premises, with specified distances from sensitive landuses.  As exempt development, a proposal does not require consent providing it complies with the criteria.  There is no statutory opportunity to seek approval for variations to the criteria and, if the proposal does not comply, then it is prohibited.

 

As the land use itself will be exempt development, Council officers wanted to ensure there is opportunity to permit (with development consent) building or fit out works associated with the sex services premises.  Consideration of the proposal would be limited only to the building work and not the use.  This clause reads as follows:-

51      Building works associated with sex services premises

(1).... Despite any other provision of this plan but subject to subclause (2), building works associated with sex services premises are permitted with consent in the B4 Mixed Use Zone.

(2).... Building works associated with sex services premises are only permitted in accordance with subclause (1) where the sex services premises complies with the relevant exempt development provisions contained in Schedule 2 of this plan.

 

‘Restricted premises’ will be expressly listed as a permissible use in the B4 Mixed Use zone.  The locational criteria developed for the Penrith City Centre Plan has been reproduced in the draft Stage 1 LEP, and will only apply to restricted premises.

 

The Penrith City Centre plans will be absorbed into Stage 2 of the Penrith Local Environmental Plan next year.  At that stage, the opportunity will be taken to make the Penrith City Centre requirements consistent with the approach proposed for the B4 Mixed Use zone elsewhere in the City.

Exempt and Complying Development Provisions

Currently, exempt and complying development is regulated by Penrith Local Environmental Plan No. 255 (Exempt and Complying Development) as amended.  This LEP operates to establish a statutory connection with Penrith Development Control Plan 2006, which contains the detailed provisions relating to exempt and complying development.  This approach was standard across New South Wales, and allowed Councils to have some flexibility in applying exempt and complying development provisions.  It also meant that the State Government, which does not regulate Development Control Plans, had minimal involvement in the type and extent of development which Councils chose to classify as exempt and complying.

 

Under the Standard LEP Template, exempt and complying development must now be included in the Local Environmental Plan, as Schedules 2 and 3 respectively.  This gives the State Government much greater involvement and control over these forms of development, and the Department of Planning has indicated that it expects a significant proportion of development to be included in the exempt and complying development provisions.  This approach is intended to reduce ‘approval times’ by reducing the number of development applications required by Councils.

 

The Department of Planning has therefore indicated that Councils must fully review their existing exempt and complying provisions as part of preparing their new Citywide LEPs.

 

The current exempt development activities in St Marys Town Centre cover a range of structures, and works (either internal or external) and signage associated with a range of existing land uses in the Town Centre.  This includes the ability to change land uses within existing tenancies, as exempt development.  Given the extent of current activities, the review required as part of the draft Stage 1 LEP focussed on the criteria currently applying to exempt development activities, and ensuring that the definitions used for the land uses were consistent with the Standard LEP Template.

 

It is proposed that in the St Marys Town Centre exempt development will include ‘sex services premises’ and ‘adult bookshops’ (being a form of restricted premises, that retails in restricted/ classified material), ‘tattoo parlours’ (which are a form of business premises involving skin penetration procedures).  Scaffolding and hoardings, such as those associated with the construction or maintenance of buildings, are also proposed as exempt development.  It is envisaged that these structures may be erected on the footpath or on private property.

 

One item for review has been ‘demolition’ of a dwelling and ancillary structures or outbuildings, which is currently exempt or complying development.  Over the years, this activity has generated the need for Council officers to check on the circumstances under which the demolition is being undertaken, and whether appropriate measures are in place to minimise likely risk from the disturbance of asbestos or other hazardous materials.  It is therefore proposed that demolition works will no longer be exempt or complying development, which means that in future such works will require development consent.  This establishes a process through which potential hazards can be minimised, thus providing better protection for the land owners, demolition contractor and residents in the surrounding area.

 

It is proposed that complying development will include ‘fit out works’, mainly to an existing tenancy or building in relation to commercial or retail activities.

 

A list of proposed exempt and complying development, including relevant provisions, is included in Schedules 2 and 3 of the draft Stage 1 LEP which was distributed under separate cover. As noted earlier in the report, the draft Stage 1 LEP will need to be assessed by a number of branches within the Department, including Parliamentary Counsel, and some amendment may be requested.

Development Control Plan

More detailed planning controls, similar to those in the Penrith City Centre plans, are currently being finalised for the St Marys Town Centre.  These will include maps and diagrams identifying requirements for design elements such as active frontages, street address, building setbacks street tree planting, and pedestrian connectivity.  The draft Penrith Development Control Plan 2008 will be presented to Council for its consideration in early November.  The report will recommend that the draft Penrith Development Control Plan 2008 be exhibited concurrently with the draft Stage 1 LEP.

Implementation Plan

While the draft Stage 1 LEP is on exhibition, and prior to its completion, there will be further detailed analysis of the St Marys Town Centre, particularly the proposed public domain improvements.  When the proposed public domain works have been detailed to a level where costings can be undertaken, a draft Section 94 Contributions Plan will be prepared.

 

It is anticipated that this plan will be presented to Council for consideration and endorsement for public exhibition next year.  It will be the mechanism by which implementation of many of the key projects identified in the St Marys Town Centre Strategy can be realised.

Next Steps

Stage 1 of the Penrith Local Environmental Plan 2008 applies to the St Marys Town Centre.  The next step in this process, subject to Council endorsing the recommendations in tonight’s reports, is to forward the provisions for the St Marys Town Centre as part of the draft Penrith Local Environmental Plan 2008 – Stage 1 to the Department of Planning, with a request that a certificate be issued that will allow the plan to be exhibited.

 

As part of this process, the draft Stage 1 LEP will need to be assessed by a number of branches within the Department, including Parliamentary Counsel, and some amendment may be requested.  Council will be informed if any major changes are required as part of the issue of the certificate for exhibition.

 

The draft Stage 1 LEP can then be placed on public exhibition, which provides the community with an opportunity to examine the proposed planning provisions, and make submissions.  A full report on the results of the exhibition will be presented to Council in 2008.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Draft Penrith Local Environmental Plan 2008 - Stage 1 (St Marys Town Centre) be received.

2.     Council submit the provisions relating to St Marys Town Centre as part of the draft Penrith Local Environmental Plan 2008 – Stage 1 to the Department of Planning with a request that the Department issue a certificate under Section 65 of the Environmental Planning and Assessment Act, 1979.

3.     When the Section 65 certificate is received, Council exhibit the provisions for the St Marys Town Centre as part of draft Penrith Local Environmental Plan 2008 – Stage 1, with any minor amendments as directed by the Department of Planning in issuing the certificate.

 

4.     A further report be presented to Council, regarding the matters raised in submissions to the draft Penrith Local Environmental Plan 2008 – Stage 1, after the conclusion of the public exhibition.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Policy Review Committee Meeting

8 October 2007

The City in its Broader Context

 

 

The City in its Broader Context

 

 

8

Draft Penrith Local Environmental Plan 2008 - Stage 1 (Proposed Reclassification of Public Land)   

 

Compiled by:                Allegra Zakis, Local Plan Team Leader

Tanya Jackson, Local Plan Team Leader

Liza Cordoba, Acting Local Plan Co-ordinator

Authorised by:             Ruth Goldsmith, Acting Director - City Strategy   

Strategic Program Term Achievement: Council's agreed strategies, where they relate to planning provisions, are implemented through the new Citywide Penrith Local Plan and Penrith Development Control Plan.

Critical Action: Develop the Citywide Penrith Local Plan and Development Control Plan by March 2009, as agreed with the Department of Planning.

     

Purpose:

To inform Council of the proposed reclassification of public land to be included in draft Penrith Local Environmental Plan 2008 - Stage 1.  The report recommends that the nominated parcels of land within the Dunheved Business Park and St Marys Town Centre be reclassified from 'community land' to 'operational land' in accordance with the requirements of the Local Government Act 1993 and the Environmental Planning and Assessment Act 1979 (as amended).

 

Executive Summary

This report, which deals specifically with land in Dunheved Business Park and St Marys Town Centre which is proposed to be reclassified as part of Stage 1 of the draft LEP, is one of a series in tonight’s Business Paper.  The aim of the reports is to enable the draft Penrith Local Environmental Plan 2008 – Stage 1, with the Department of Planning’s agreement, to be exhibited.

 

The Standard Template for Local Environmental Plans developed by the Department of Planning requires Council to list in Schedule 4 all public land covered by the plan.  This applies to all land which is currently classified as either ‘operational land’ or ‘community land’ in accordance with the requirements of the Local Government Act 1993.

 

It is intended that most lands listed in Schedule 4 of the draft Stage 1 LEP will retain their current classifications, with the exception of 6 parcels of land in the Dunheved Business Park and 5 parcels of land in St Marys Town Centre that are proposed to be reclassified from ‘community land’ to ‘operational land’.  It is recommended that Council exhibit the proposed reclassification of these sites as part of the draft Stage 1 LEP, subject to the Department issuing a Section 65 Certificate to enable exhibition of the draft Stage 1 LEP and a public hearing being held during the public exhibition period.

Structure of draft Penrith Local Environmental Plan 2008 – Stage 1 reports

This report is one of a series in tonight’s Business Paper which discusses Stage 1 of draft Penrith Local Environmental Plan 2008 (the draft Stage 1 LEP), and deals specifically with land in Dunheved Business Park and St Marys Town Centre which is proposed to be reclassified as part of Stage 1 of the draft LEP.  Other reports in the series provide general information about the preparation and exhibition process of the draft Stage 1 LEP, as well as detailed information on the provisions for the northern and southern rural lands, industrial areas, St Marys Town Centre, and proposed heritage items.  In some cases, provisions apply to more than one area.  Where this occurs, the information on those provisions has been replicated in each relevant report.  A full copy of the draft Stage 1 LEP including schedules has been distributed under separate cover, together with the draft land application map, zoning map, lot size map and a map identifying biodiversity and riparian corridors.

 

Although information presented to tonight’s meeting has been separated into different reports to facilitate full discussion, the cumulative outcomes of adopting all recommendations is to enable the draft Penrith Local Environmental Plan 2008 – Stage 1 to be forwarded to the Department of Planning with a request that the Department issue a certificate under section 65 of the Environmental Planning and Assessment Act, 1979 (as amended).  This will allow the draft Stage 1 LEP to be exhibited.

Classification of Land

All land owned by Council or within its care, control and management must be classified as either ‘community land’ or ‘operational land’ under the Local Government Act, 1993.  Local Environmental Plans (LEPs) are the means by which land is classified or reclassified.

 

Under the Standard Template for Local Environmental Plans, developed by the Department of Planning, Clause 27 and Schedule 4 will replace stand alone classification LEPs.  This means that when all land in the City has been incorporated into the new Local Plan, the current planning instrument which classifies land (LEP 1996) will cease to operate.  The draft Stage 1 LEP therefore needs to include all public land, regardless of whether or not the classification of that land is being changed.  Accordingly, Schedule 4 lists all public land included in the areas of the City covered by Stage 1, and their classifications.

 

It is proposed that the majority of the properties retain their existing classifications.  There are, however, 6 parcels of land located in Dunheved Business Park and 5 parcels located in Carinya Avenue St Marys, where it is proposed to change the existing classification.  Location maps of these properties are appended to this report.

Land in Dunheved Business Park

The Commonwealth Government subdivided the Dunheved industrial estate over 60 years ago.  As part of the subdivision, several parcels of land, including those proposed to be reclassified, were set aside as public garden and recreation space.  All 6 of the properties are owned by Penrith City Council, having been dedicated as Public Reserve, and are classified as ‘community’ land.  The 6 parcels of land are located on both sides of the former rail corridor and adjoin industrial properties (see attached plan).  They range in size from 484 m2 to 12,740 m2 and are all zoned 4(a) General Industry under Penrith Local Environmental Plan 1996 (Industrial Land) which is consistent with adjoining land uses.  This land is proposed to be zoned IN1 General Industrial and to be reclassified as ‘operational land’ in the draft Stage 1 LEP.

 

The land proposed to be reclassified comprises:

 

 

Property description

Lot description

Area

1.

210 Links Road

Lot 210 DP 31908

3,200m2

2.

89 Dunheved Circuit

Lot 205 DP 31908

4,768 m2

3.

105 Dunheved Circuit

Lot 212 DP 31909

6,702 m2

4.

105c Dunheved Circuit

Lot 213 DP 31909

3,965 m2

5.

37-39 Christie Street

Lot 2141 DP 772116

484 m2

6.

1-25 Christie Street

Lot 2151 DP 740147

12,740 m2

 

Purpose for seeking reclassification

The subject lands are essentially left-over parcels from the 1960s subdivision of the estate.  They have not been used or embellished as a reserve or park, largely due to the irregular shape of the lands and their fragmented and isolated locations.  The properties are considered to have minimal potential for use as public reserves.  There is an existing local park in Dunheved Business Park, which is owned by Council and classified ‘community’ (Lot 211 DP 31909).  This park is to be retained, and there is no proposal to alter its classification.

 

The proposed reclassification of Lot 210 DP 31908 and Lot 205 DP 31908 was previously considered by Council and has, to date, been progressed as part of a stand-alone LEP.  Now that the draft Stage 1 LEP has progressed to a stage where it can be exhibited, it is more appropriate to incorporate the proposed reclassifications into the draft Stage 1 LEP for exhibition.

 

During early planning of the St Marys Release Area, there were some discussions about using the former rail corridor as a transport link, with the subject lands providing a green corridor along the route.  This proposal has been abandoned, meaning that the land is no longer required.

 

As part of investigating their suitability for reclassification, each lot has been inspected to determine its current state and any informal use that may be occurring.  Lot 210 DP 31908 and Lot 205 DP 31908 are landlocked by privately owned industrial properties to the north and the former rail corridor to the south, and do not provide any benefit to the public.  Workers and pedestrians appear to use Lot 213 DP 313909 and Lot 2151 DP 740147 as an informal north-south access link between the two industrial estates.  Lot 2141 DP 772116 is vacant and is not utilised by the public.

 

Lot 212 DP 31909 provides a north-south pedestrian link between the northern and southern sections of the Dunheved Business Park, which are separated by the railway cutting.  The pedestrian path on this land connects to a footbridge which crosses the former railway cutting, currently owned by Delfin Lend Lease (St Marys Land Limited).  This north-south connection between the two estates is well used and it is important for pedestrians and workers that it continues as part of future planning and redevelopment.  It is therefore recommended that Council enact a mechanism to preserve this pedestrian link as part of any sale or redevelopment of this lot. 

Broader precinct plan for Dunheved area

The broader planning for this area includes the creation of a link road and footpath, connecting the north and south sections of the Dunheved Business Park, between Christie Street / Lee Holm Road (south) to Links Road (north), St Marys.  The planning for the new road is in its initial stages and involves several stakeholders.  The proposed link road will improve transport and pedestrian access, as well as improving connections to the Dunheved Golf Course and the new St Marys Release Area.

 

Council has entered into a Deed of Agreement with Delfin / Lend Lease for the construction of the link road.  This agreement includes a Joint Venture Agreement (to be executed) for the development of the lands which are proposed to be reclassified and the former rail corridor owned by Delfin / Lend Lease (St Marys Land Limited).  It is proposed that the land will be sold within the next 5 years, to facilitate execution of the Joint Venture Agreement, should the reclassification proceed.  The sale of this land would partially fund the upgrade of road linkages between northern and southern sections of the industrial estate.

Land in St Marys Town Centre

The 5 properties in Carinya Avenue, St Marys are proposed to be reclassified from ‘community land’ to ‘operational land’.  These lots are part of the public car parking area (at grade) north of Belar Street, between Carinya Avenue and West Lane.  These five lots currently contain 80 parking spaces.

 

Since the 1980s, Council has taken opportunities, as they have arisen, to purchase land for public car parking to serve the needs of the Town Centre.  The subject parcels of land are currently zoned 2(a) Residential under the Penrith Planning Scheme Ordinance and are proposed to be rezoned B4 Mixed Use under the draft Stage 1 LEP.

 

No deeds or trusts apply to the land.  The lots proposed to be reclassified include:

 

 

Property description

Lot description

Area

1.

58 Carinya Avenue

Lot 185 DP 26908

417m2

2.

66 Carinya Avenue

Lot 181 DP 26908

417m2

3.

68 Carinya Avenue

Lot 180 DP 26908

417 m2

4.

70 Carinya Avenue

Lot 179 DP 26908

417 m2

5.

74 Carinya Avenue

Lot 177 DP 26908

417 m2

 

Purpose for seeking reclassification

Over the last twenty years, Council has systematically been purchasing land east of Carinya Avenue as they come onto the market.  The subject lands are the most recently bought by Council and had been identified for a future reclassification process.  The remaining allotments containing the car parking area are already classified ‘operational lands’.

 

This land is within the St Marys Town Centre, and is being rezoned B4 Mixed Use under the draft Stage 1 LEP.  This new zoning will permit a greater range of future uses to be located on these lands, widening the redevelopment opportunities.

 

It is proposed to reclassify the land as ‘operational land’ to better reflect its current and future use of public car parking and to be consistent with the current operational classification of adjoining Council lands.

Public Exhibition

Generally, when Council owned land is part of a draft Local Environmental Plan (LEP), including land under its care, control or management, the exhibition of the draft LEP needs to be in accordance with the Best Practice Guidelines.

 

In this regard, as the Department has not provided Council with any delegations for the process of exhibiting the draft Penrith Local Environmental Plan, adherence to the Best Practice Guidelines is not required.

Next Steps

As part of Stage 1 of the draft LEP, it is proposed to reclassify several parcels of land in Dunheved Business Park and St Marys Town Centre.  The next step in this process, subject to Council endorsing the recommendations in tonight’s reports, is to forward the proposed reclassifications as part of the draft Penrith Local Environmental Plan 2008 – Stage 1 to the Department of Planning, with a request that a certificate be issued that will allow the plan to be exhibited.

 

As part of this process, the draft Stage 1 LEP will need to be assessed by a number of branches within the Department, including Parliamentary Counsel, and some amendment may be requested.  Council will be informed if any major changes are required as part of the issue of the certificate for exhibition.

 

The draft Stage 1 LEP can then be placed on public exhibition, which provides the community with an opportunity to examine the proposed planning provisions, and make submissions.  It is recommended that Council exhibit the proposed reclassification of these sites as part of the draft Stage 1 LEP, subject to the Department issuing a Section 65 Certificate to enable exhibition of the draft Stage 1 LEP and a public hearing being held during the public exhibition period.  A full report on the results of the exhibition will be presented to Council in 2008.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Draft Penrith Local Environmental Plan 2008 - Stage 1 (Proposed Reclassification of Public Land) be received.

2.     Council classify the land described in Schedule 4 of draft Penrith Local Environmental Plan 2008 – Stage 1 in accordance with the provisions of the Local Government Act 1993 and the Environmental Planning and Assessment Act 1979.

3.     Council reclassify the land described in Schedule 4 of draft Penrith Local Environmental Plan 2008 – Stage 1 (being Lot 205 DP 31908, Lot 210 DP 31908, Lot 212 DP 31909, Lot 213 DP 31909, Lot 2141 DP 772116, Lot 2151 DP 740147, Lot 177 DP 26908, Lot 179 DP 26908, Lot 180 DP 26908, Lot 181 DP 26908, and Lot 185 DP 26908) from ‘community land’ to ‘operational land’ in accordance with the provisions of the Local Government Act 1993 and the Environmental Planning and Assessment Act 1979.

4.     Council submit the list of public lands in Schedule 4 as part of draft Penrith Local Environmental Plan 2008 – Stage 1 to the Department of Planning with a request that the Department issue a certificate under Section 65 of the Environmental Planning and Assessment Act, 1979.

5.     Council exhibit the list of public lands in Schedule 4 as part of draft Penrith Local Environmental Plan 2008 – Stage 1, once the certificate has been received, in accordance with any minor amendments requested by the Department as part of issuing the certificate.

6.     Council arrange a public hearing under section 68 of the Environmental Planning and Assessment Act 1979, as part of the public exhibition of Penrith Local Environmental Plan 2008 – Stage 1 in respect of the land proposed to be reclassified from ‘community land’ to ‘operational land’.

7.     A further report be presented to Council at the conclusion of the exhibition, which includes information on mechanisms that can be used to maintain the informal pedestrian pathways that link the northern and southern parts of the Dunheved Business Park, and connect to the former Dunheved Railway Station.

 

ATTACHMENTS/APPENDICES

1. View

Dunheved Business Park Proposed Reclassifications

1 Page

Appendix

2. View

St Marys Town Centre Reclassification map

1 Page

Appendix

  


Policy Review Committee Meeting

8 October 2007

Appendix 1 - Dunheved Business Park Proposed Reclassifications

 

 

 

 


Policy Review Committee Meeting

8 October 2007

Appendix 2 - St Marys Town Centre Reclassification map

 

 

 

  


The City as a Social Place

 

Item                                                                                                                                       Page

 

9        South Werrington Urban Village - Draft Local Environmental Plan and Draft Amendment to Penrith Development Control Plan 2006

 

10      Glenmore Park Stage 2 - Public Exhibition of Draft Local Environmental Plan and Penrith Development Control Plan Amendment

 

11      Draft Penrith City District Open Space Facilities Development Contributions Plan

 

 



Policy Review Committee Meeting

8 October 2007

The City as a Social Place

 

 

The City as a Social Place

 

 

9

South Werrington Urban Village - Draft Local Environmental Plan and Draft Amendment to Penrith Development Control Plan 2006   

 

Compiled by:                Natasha Baker, Senior Environmental Planner

Authorised by:             Roger Nethercote, Environmental Planning Manager   

Strategic Program Term Achievement: Cohesive communities are formed based on sustainable, safe and satisfying living and working environments.

Critical Action: Prepare and implement plans (based on Council's Sustainability Blueprint for new Release Areas) for each new release area that deliver quality, sustainable living and working environments..

     

Purpose:

To present to Council the draft Local Environmental Plan and Penrith Development Control Plan 2006 amendment for South Werrington Urban Village, a subprecinct of the Werrington Enterprise Living and Learning (WELL) Precinct.  The report recommends that the draft plans be publicly exhibited.

 

Introduction

South Werrington Urban Village (SWUV) is a sub precinct of the Werrington Living and Learning (WELL) Precinct. SWUV is located in the north eastern corner of the WELL Precinct and is approximately 48 ha in all.  The University of Western Sydney (UWS) is the major land owner in this release (owning approx 28 ha). SWUV is generally bounded by the Western Railway Line and the existing residential area to the north, to the east by the Werrington Arterial alignment, the Great Western Highway to its South, and to the west by the Cobham Juvenile Justice Facility.

 

This report seeks Council’s endorsement to publicly exhibit the draft Local Environmental Plan and the draft Penrith Development Control Plan 2006 amendment for SWUV.

 

Attached for the information of Councillors is a copy of the draft Local Environmental Plan (LEP) and a copy of the draft Development Control Plan (DCP) Amendment.  Colour copies of the zoning map and structure plan have been separately forwarded to Councillors.

 

Background

Council, at its meeting of 1 November 2004, adopted the principles of the WELL Precinct Strategy, and endorsed it as the policy basis for advancing the planning and landuse decision making for the Precinct, and also endorsed the preparation and public exhibition of a draft Local Environmental Plan that will rezone the Caddens Release Area and Precinct Centre and SWUV.

 

The Department of Planning has advised in writing of its support to the principles of Council’s adopted WELL Precinct Strategy 2004, as a basis for landuse decision making in the WELL Precinct, and confirmed that Local Environmental Studies were not necessary as part of the plan making process, but that various Precinct wide investigations and sub precinct studies will be required to inform the plan making process.

 

As part of implementing the WELL Strategy, a range of studies were undertaken, including the Hydrology and Catchment Study, Transport Management and Accessibility Plan (TMAP), Economic Analysis (including Precinct Centre), Greenways Network and Viewscape Study which lead to a refined WELL Concept Plan which was adopted by Council in October 2006. Also endorsed at this meeting was that “Further reports be submitted to Council for considering advancement of the public exhibition of the draft Local Environmental Plans, Development Control Plans and Contribution Plans for South Werrington Urban Village and Caddens Release Area in early 2007.”

 

The adopted Concept Plan provides the basis upon which the sub-precinct studies, draft LEP and draft DCP amendment have been prepared.

 

Current Situation

A draft Local Environmental Plan and draft amendment to Penrith Development Control Plan 2006 have been prepared for SWUV and are included as attachments to this report.  In addition to being informed by the above studies, these draft Plans also reflect Council’s broader policy position on urban release areas, incorporate the key principles of the adopted WELL Strategy and Concept Plan, and encompass the core requirements of Council’s Sustainability Blueprint for Urban Release Areas.

 

The draft LEP provides guidance for urban development to enable a diverse range of residential development and employment uses within the SWUV boundary. The draft DCP amendment provides more detailed planning controls to facilitate the residential and employment landuses on the site.

 

Council’s current Strategic Program seeks for new release areas to provide for a diversity of housing opportunities, including affordable housing, consistent with emerging community needs and which facilitates the development of diverse neighbourhoods.  The SWUV draft Plans proposes a diverse mix of housing types (including multi-unit housing) which is consistent with the existing housing mix in the locality, providing for approximately 410 dwellings.

 

Council’s strategic position on managing urban growth includes requiring new job creation to match incoming workforce participant numbers.  SWUV provides an employment zone which will deliver employment opportunities to satisfy Council’s policy requirement within this release area.  The SWUV employment zone forms part of a wider economic development opportunity in the WELL Precinct which has planned for around 135 ha of employment land and the potential to provide up to 8,000 jobs across the WELL Precinct.

Draft Local Environmental Plan

The Draft Local Environmental Plan (draft LEP) will rezone the current rural and special uses (Tertiary Education) zone to an urban precinct which includes residential zones for a variety of housing types including medium density housing, and an employment zone to cater for light industrial uses. This land use arrangement is consistent with the adopted WELL Concept Plan.

 

The draft LEP outlines principal development standards and provides for a range of miscellaneous provisions which are required by the Department of Planning (DoP) in its new Standard Instrument.

 

The draft LEP is designed as a stand-alone LEP, which includes some broader local provisions, with the intention that it can be readily integrated into the City-wide Local Plan in the future when the relevant residential chapter of that Plan is advanced. The draft LEP is also accompanied by relevant maps relating to zoning, acquisition, height and minimum lot sizes. 

 

The draft LEP has a number of zones proposed to distinguish the different residential densities and the employment zones. There is approximately 23ha of land set aside for residential development and 19ha set aside for light industrial development. The draft plan also designates areas for environmental conservation zones, public recreation area and land set aside for the proposed Werrington Arterial.  These comprise approximately 6 hectares. The zones proposed are:

 

·        R1-General Residential -  permits a diverse range of dwelling types such as single dwellings, dual occupancies and multi-unit housing;

·        R3 – Medium Density Residential - permits a range of land uses compatible with a medium density residential nature and also permits a variety of housing types including multi-unit and residential flat buildings. This zone aims to maximise housing densities in proximity to Werrington Station and areas of open space;

·        IN2 Light Industry applies to land for employment purposes and permits a range of land uses that do not impact on the amenity of the adjoining residential zones.

·        RE1 – Public Recreation - sets aside land for use as a local park, which will be acquired by Council through the proposed S.94 Plan to manage and maintain;

·        E2 – Environmental Conservation - applies to land to designate the Claremont Creek Riparian corridor and the remnant native vegetation along the northern boundary of the release area;

·        SP2 – Special Infrastructure - applies to land proposed for the future Werrington Arterial. Although this is a small section of the Werrington Arterial the rest of the proposed Werrington Arterial alignment will be covered in the Local Plan to ensure it is identified for future planning.

 

Land east of the proposed Werrington Arterial is currently being investigated as part of the City-wide Local Plan and may be incorporated into that plan at a future date.  For this reason, the south eastern corner of SWUV has been ‘deferred’ from the SWUV draft plan, to ensure that it is considered in the context of those investigations and that the zoning and land uses arrangements are consistent.

Draft Penrith Development Control Plan 2006 Amendment

A draft amendment to Part 6 of the adopted Penrith Development Control Plan 2006 for SWUV has been prepared.

 

The draft DCP amendment establishes an urban structure for the release area and a range of objectives, performance measures and development controls that will apply to both the public and private domain elements of the release area. The public domain includes requirements which aim to respond to the site’s natural features, access and movement requirements, streetscape character and design and open space provision. The private domain elements primarily deal with the subdivision elements and the site specific manner in which dwellings and other developments such as light industry are to be planned and located.

 

The draft DCP requires that a concept plan is prepared for each of the different land uses (that is separate concept plans for the employment lands and the residential lands) and which need to come forward with the first application for subdivision. This concept plan will need to identify the major structural elements such as road hierarchy and pedestrian networks, local parks, lot layouts and sizes and housing typology. It will also require that employment lands are rolled out in line with residential development to be consistent with the Sustainability Blueprint.

 

The draft DCP also identifies typical housing development forms which will provide for a wide choice of housing types which also provide for a market delivery of affordable housing for the moderate income households. It also includes controls that ensure that any industrial uses provide an acceptable level of amenity given its proximity to the residential area.

WELL Section 94 Plan

The development of the WELL Precinct (including SWUV) will generate demand for the provision of additional local infrastructure, facilities and services. In order to address this new demand, a Section 94 Development Contributions Plan is currently being prepared for the WELL Precinct and will apply to the SWUV area and other future development sub precincts.

 

The draft Section 94 Plan will contain a facilities schedule outlining the infrastructure required to be provided by Council to address the needs of new residents, employees and students/staff.

 

Key infrastructure and services likely to be incorporated in the draft S94 plan include:

·        Open Space/recreation facilities. This will relate to both active playing opportunities (sports fields and courts) as well as passive recreation areas such as hilltop parks and restful natural areas;

·        Traffic and transport measures such as new roads, footpaths and cycleways;

·        Community facilities, such as a neighbourhood centre and informal meeting opportunities amongst the passive open space and precinct centre;

·        Water management infrastructure such as stormwater detention basins intended to achieve both functional and aesthetic outcomes.

 

Facilities specific to the South Werrington Urban Village to be incorporated into the draft s94 Plan include:

 

·        An east-west access road extending through the SWUV sub-precinct, from the proposed Werrington Arterial to the future employment lands located on the UWS North Werrington campus and Werrington Army Signals site to the west;

·        Traffic management measures (eg signalisation, roundabouts, etc);

·        Passive open space (two neighbourhood parks);

·        Stormwater detention measures;

·        Cycleways.

 

The draft Plan is being prepared in consultation with UWS and Landcom, the principal land owners or developers in the WELL Precinct.  It is intended to report the draft plan to Council for consideration for public exhibition in November this year.

Regional Infrastructure Levy

Council is aware that the State Government has recently introduced a policy for regional infrastructure to be funded by developers of new urban release areas, to ensure that specific infrastructure critical to underpin the roll-out of the development is provided in a timely manner.

 

The DoP has indicated that WELL will be the subject of a Regional Infrastructure Levy which is likely to be negotiated with landowners in parallel with the advancement of the draft LEP and the WELL Section 94 plan.  It is understood the elements which could be funded with the Levy include the Werrington Arterial, Proposed UWS Station, arterial road upgrading and the provision of funding towards the establishment of a new primary school.

 

The DoP has not yet determined the level of contribution to be paid by developers.  It is expected that the Levy amount will be finalised prior to the Department gazetting any LEP adopted by the Council for the WELL Precinct.

Affordable Housing

Council’s current Strategic Program seeks for new release areas to provide for a diversity of housing opportunities, including affordable house.  This facilitates the development of diverse neighbourhoods and better matches housing form by future community needs.  By increasing access to affordable housing, Council seeks to contribute to sustainable communities that function in a way that benefits the whole community.  It is particularly important that outcomes are sought which deliver affordable housing over time, not just for a limited period. 

 

Council’s Sustainability Blueprint requires 3% of housing in new housing estates to be provided as affordable housing.  It is expected that this target include both rental and owner-occupied housing products.  This may be achieved through dedicated housing, providing a range of dwelling types including apartments, partnerships with the state government, or non profit housing providers and financial institutions to deliver affordable housing outcomes.

 

An assessment of housing needs and population characteristics for SWUV was carried out by the landowners’ consultants.  Based on an assessment of existing weekly median rents in Penrith LGA and Werrington, the analysis concluded very low to low income households could afford to rent 1 bedroom dwellings and 1 or 2 bedroom flats.  It also suggested that the moderate income households could afford to rent all rental accommodation types. House purchase prices in the Werrington area are not affordable even for moderate income earners. 

 

The assessment undertaken did not project the likely rental or purchase price of new flats or dwellings which will be established in the SWUV precinct. 

 

It is considered that a response solely reliant on market driven outcomes to deliver housing affordability, particularly one seeking to supply 1 and 2 bedroom rental flats for people on very low incomes, is very limited.  This approach does not guarantee that very low or even low income households will indeed be housed in those proposed small dwellings, given the competitive nature of the rental market and the market forces adjustments which will see rents rise over time.  It is also relevant to note that Council would have difficulty in insisting on the delivery of 1 and 2 bedroom dwellings by developers for rental accommodation, particularly if that form of housing were not viewed as profitable in the marketplace by the proponent.  Therefore, in SWUV where housing is likely to be delivered by others rather than the current land owners, there is no guarantee of the supply of these smaller dwellings.

 

The mechanism of how to secure and guarantee affordable housing over the long term is important, particularly for providing a secure, long-term rental opportunity for the very low and low income households.  In our review of affordable housing proposals, such as Glenmore Park Stage 2 and St Marys Release Area, it is evident that whilst a market driven response may respond to the needs of low to moderate income groups if there is a guaranteed diverse range of dwelling types proposed, a subsidised rental arrangement is likely to be needed to respond to the needs of very low income earners who are on the margin of being able to afford rent of a 1 or 2 bedroom flat.

 

The delivery of an appropriate affordable housing response for SWUV is subject to further discussions with the landowners.  The outcome of those discussions and the need or otherwise for a financial contribution to be made via a planning agreement, as was the case in Glenmore Park Stage 2, will be the subject of a further report to Council.  This issue, however, can be dealt with whilst the draft LEP and DCP for SWUV are on exhibition. 

 

Public Participation

Following the Council adoption of the refined WELL Concept Plan in October 2006, and a subsequent community information day in November 2006, the process for implementing the WELL Strategy has advanced.  As such, it is intended the focus for future community consultation for the WELL Precinct would appropriately be directed to the public exhibitions of the draft LEPs and draft DCPs for the SWUV and Caddens releases.

 

The community consultation process for the public exhibition of the SWUV draft LEP and draft DCP will be conducted in accordance with Council’s adopted Community Participation Manual and will comprise the following:

 

·      Advisory letters to all adjoining and surrounding landowners, community groups, businesses and landowners;

·      Public display of draft LEP and draft DCP material including maps, draft plans/ instruments and background studies at Council’s Penrith and St Marys Offices;

·      Notification of the public exhibition in local newspapers; and

·      Presentation of all exhibition material on Council’s website, which can also be accessed in the library free of charge.

Next Steps

The remaining key steps in the planning and rezoning of the South Werrington Urban Village are:

·        Following Council support for the exhibition of the SWUV draft plans, seek a Section 65 Certificate from the Department of Planning to enable the formal exhibition of the draft LEP;

·        Undertake the concurrent exhibition of the draft LEP and DCP;

·        Finalise the WELL Section 94 plan for Council’s consideration and endorsement and public exhibition;

·        Following the exhibition process, and after completion and endorsement of a Section 94 plan and resolution of affordable housing delivery, Council consideration of the adoption of the LEP for referral to the Minister for Planning for approval and gazettal, and the adoption of the DCP amendment.

Conclusion

The draft LEP and draft DCP for SWUV are the result of an extensive planning process that has identified this area as suitable for further urban development adjacent Werrington Station.

 

The draft LEP and draft DCP 2006 amendments have been prepared for public exhibition and reflect Council’s broader policy position for urban release areas, the adopted WELL Strategy 2004, and the adopted WELL Concept Plan 2006, and it is recommended that the draft LEP and draft DCP amendment be publicly exhibited.

 

The WELL Section 94 plan is currently being finalised and will be reported to Council shortly for its consideration and endorsement for its public exhibition.

 

It is also recommended that Council advise the land owners of SWUV that both the WELL Section 94 plan, and an acceptable affordable housing delivery outcome, will need to be resolved prior to Council being in a position to adopt the final LEP for submission to the DoP and the Minister for gazettal.

 

A further report will be brought back to Council following the exhibition process, outlining an assessment of the submissions received and relevant recommendations relating to the adoption of the final plans.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on South Werrington Urban Village - Draft Local Environmental Plan and Draft Amendment to Penrith Development Control Plan 2006 be received.

2.     In accordance with the Environmental Planning and Assessment Act 1979 and the Regulations 2000, Council submit the draft Penrith Local Environmental Plan – South Werrington Urban Village, as attached to this report, to the Director-General of the Department of Planning, seeking the issue of a Section 65 Certificate to enable the draft Plan to be publicly exhibited.

3.     In accordance with the Environmental Planning and Assessment Act 1979 and the Regulations 2000, the draft amendment to Penrith Development Control Plan 2006 Chapter 6 to incorporate planning controls relating to South Werrington Urban Village as attached to this report, be publicly exhibited.

4.     A further report be presented to Council following public exhibition of the draft Local Environmental Plan and draft Development Control Plan 2006 amendment, advising of the outcomes of exhibition and making further recommendations relating to the adoption of the final plans and affordable housing delivery for South Werrington Urban Village.

5.     The land owners of South Werrington Urban Village be advised of Council’s decision and that a Section 94 plan and affordable housing delivery will need to be resolved and endorsed by Council prior to Council being in a position to adopt the draft Local Environmental Plan for referral to the Department of Planning and the Minister for approval and gazettal.

 

ATTACHMENTS/APPENDICES

1.  

Draft LEP SWUV

72 Pages

Attachment

2.  

Draft DCP SWUV

65 Pages

Attachment

3.  

Zoning map SWUV

1 Page

Attachment

  


Policy Review Committee Meeting

8 October 2007

The City as a Social Place

 

 

The City as a Social Place

 

 

10

Glenmore Park Stage 2 - Public Exhibition of Draft Local Environmental Plan and Penrith Development Control Plan Amendment   

 

Compiled by:                Mark Broderick, Release Area Unit Coordinator

Authorised by:             Roger Nethercote, Environmental Planning Manager   

Strategic Program Term Achievement: Cohesive communities are formed based on sustainable, safe and satisfying living and working environments.

Critical Action: Prepare and implement plans (based on Council's Sustainability Blueprint for new Release Areas) for each new release area that deliver quality, sustainable living and working environments..

     

Purpose:

To report on the public exhibition of the draft Local Environmental Plan (LEP) and Penrith Development Control Plan (DCP) Amendment.  The report recommends that Council adopt the draft LEP and Penrith DCP Amendment, and refer the draft LEP to the Minister for gazettal, subject to the adoption of a S94 Plan and signing of the Planning Agreement between Council and the Glenmore Park Stage 2 Landowners.  The Draft S94 Plan and Planning Agreement will be the subject of a further report to Council.

 

Introduction

Council has undertaken extensive negotiations with the Glenmore Park Stage 2 Landowners Group (LOG), its consultants, government agencies and the community in the planning and rezoning for the southern expansion of Glenmore Park.  Following the resolution of outstanding planning matters with the LOG, reports were presented to Council earlier this year on the Draft local Environmental Plan (LEP), Draft Development Control Plan Amendment (DCP), Section 94 Development Contributions Plan (S94 Plan) and a Planning Agreement which includes Landowner contributions towards Affordable Housing and Employment and dedication of a Biodiversity Corridor. 

 

This report recommends that Council endorse the Draft LEP and formally adopt the DCP Amendment, which will come into effect upon gazettal of the LEP.  Referral of the LEP to the Minister will be subject to adoption of a S94 Plan and endorsement of a Planning Agreement, both of which will be the subject of a further report to Council shortly.

 

Attached for the information of Councillors is a copy of the final Draft LEP and zoning map, and a copy of the final Draft DCP Amendment.  Colour copies of the zoning maps and structure plan have been separately forwarded to Councillors.

 

 

 

 

Background

Glenmore Park Stage 2  - Draft LEP and Draft DCP Amendment

At its Ordinary Meeting of 26 March 2007, Council considered a report on a draft Local Environmental Plan (LEP) and draft Development Control Plan (DCP) for the Glenmore Park Stage 2 Urban Release Area.  Council resolved that:

 

“1.    The information contained in the report on Glenmore Park Stage 2 - Public Exhibition of Draft Local Environmental Plan and Penrith Development Control Plan Amendment be received.

2.   In accordance with the Environmental Planning and Assessment Act 1979 and the Regulations 2000, Council submit the draft Penrith Local Environmental Plan 2007 – Glenmore Park Stage 2 as attached to this report to the Director-General of the Department of Planning seeking the issue of a Section 65 certificate to enable the draft Plan to be publicly exhibited.

3.   In accordance with the Environmental Planning and Assessment Act 1979 and the Regulations 2000, a draft amendment to Penrith Development Control Plan 2006 Chapter 6 to incorporate the controls relating to Glenmore Park Stage 2 as attached to this report, be publicly exhibited.

4.     A further report be provided to Council seeking endorsement of the proposed Planning Agreement and draft Section 94 Development Contributions Plan as outlined in the report.

5.     The land owners group be advised of Council’s decision and that the Planning Agreement outlined in the report will need to be resolved and endorsed by Council prior to Council being in a position to adopt the draft Local Environmental Plan for referral to the Department of Planning and the Minister for approval and gazettal.

6.   A further report be presented to Council following public exhibition of the draft Local Environmental Plan, draft Development Control Plan amendment and draft Section 94 Development Contributions Plan, advising of the outcomes of the exhibition and making further recommendations relating to the adoption of the final plans.”

 

This report outlines the results of the public exhibition of the Draft LEP and Draft DCP Amendment, which was conducted in July and August 2007.

 

Glenmore Park Stage 2 – Employment Development and Affordable Housing Strategies

A Councillor Briefing was conducted on 18 April 2007, which provided a progress report on the status, findings and recommendations of research undertaken by the Landowners Group in developing an Employment Development Strategy and Affordable Housing Strategy for Glenmore Park Stage Two.

 

At its Policy Review Committee Meeting of 30 April 2007, Council considered a report on the outcomes of the research commissioned by the Glenmore Park Stage 2 landowners group in preparing an Employment Development Strategy.  That report also provided information in regard to the development of an Affordable Housing Strategy for the release area. 

 

Council resolved that:

 

“1.   The information contained in the report on Glenmore Park Stage 2 - Employment Development and Affordable Housing Strategies be received.

 2.    Council agree in principle to the offer of $1.6 million from the Landowners Group for job creation activities in the City to be included in the proposed Glenmore Park Stage 2 Planning Agreement, the terms of which to be negotiated prior to Council’s formal endorsement. 

 3.    A further report be brought to Council outlining an approach to further investigating the options available to Council for delivering its economic and employment development programs.

 4.    Council agree in principle to the offer of $1M from the Landowners Group for the delivery of affordable housing to be included in the proposed Glenmore Park Stage 2 Planning Agreement, the terms of which to be negotiated prior to Council’s formal endorsement.

 5.    A further report be brought to Council outlining a preferred process for the future delivery of affordable housing.

 6.   A further report be brought to Council for formal consideration of the proposed Glenmore Park Stage 2 Planning Agreement.”

 

Negotiations have been continuing on the details to be contained within a draft Planning Agreement prepared by the LOG.  A further report will be presented to Council that will detail a final agreed position in regard to a Draft Planning Agreement for endorsement by Council.

 

Glenmore Park Stage 2 – Section 94 Development Contributions Plan

At its Ordinary Meeting of 28 May 2007, Council considered a report on a draft Section 94 Development Contributions Plan (Draft S94 Plan) for Glenmore Park Stage 2.  Council resolved that:

 

“1.    The information contained in the report on Glenmore Park Stage 2 - Public Exhibition of Draft Local Environmental Plan and Penrith Development Control Plan Amendment be received.

                    2.   In accordance with the Environmental Planning and Assessment Act 1979 and the Regulations 2000, the draft Section 94 Development Contributions Plan for Glenmore Park Stage 2 release area be publicly exhibited in accordance with the draft Plan attached to this report.

3.    A further report be presented to Council, following public exhibition of the draft Section 94 Development Contributions Plan, advising of the outcomes of the exhibition and making further recommendations relating to the adoption of the final Plan.

4.    The land owners group be advised of Council’s decision.”

 

The Draft S94 Plan was publicly exhibited with the Draft LEP and Draft DCP Amendment in July and August 2007.  Following a number of submissions from the LOG, discussions have been continuing on development detail, and a further report will be presented to Council shortly on a final Draft Plan for adoption by Council.

Department of Planning

Subsequent to Council resolving to advance the draft plan for exhibition, discussions were held with the DoP Regional Office who requested a number of minor changes be made to the draft LEP, including:

 

1.   minor formatting contents changes;

2.   page numbering corrections;

3.   inclusion of additional clauses as required by the Standard Instrument;

4.   a Dwelling Yield clause to be included in Part 6 – Additional Local Provisions;

5.   Schedule 2 and 3 relating to Exempt and Complying Development to cross-reference the Exempt and Complying DCP 2006;

6.   change the R5 Large Lot Zone in the western precinct to an R2 Low Density Zone  (the R5 Zone is more conducive to a rural area rather than an urban area.  This is simply a name change and does not alter the intent of Zone).

 

On 2 April 2007, Council wrote to the Director-General of the DoP requesting the issue of a S65 Certificate to enable the public exhibition of the draft LEP.  Advice was received from DoP on 13 June 2007 that the LEP may be publicly exhibited, subject to certain amendments relating to the ‘standard template’ and other matters.  Further advice was received from DoP on 15 June 2007, confirming the above changes were incorporated into the draft plan.

 

Councillors were advised of these changes in a Memo dated 28 June 2007.

Public Exhibition

The draft LEP, draft DCP amendment, and draft S94 plan were exhibited for public comment from 4 July 2007 until 10 August 2007 and were publicly displayed at the Penrith Civic Centre, St Marys Office and Glenmore Park Youth and Community Centre during the exhibition period.  Exhibition details were advertised in the Penrith Press and Penrith Star throughout the exhibition period.  The draft plans were also available on Council’s website. 

 

Land owners, adjoining owners, state agencies and local resident groups were notified in writing of the exhibition of the draft plans. 

 

A total of 28 submissions were received from the following:

 

7 submissions from Landowners

­ APP Corporation Pty Ltd (on behalf of the Landowners Group)

­ J Wyndham Prince (on behalf of the Landowners Group)

­ Mullane Planning Consultants (on behalf of a landowner – Holicombe)

­ JBA Planning (on behalf of a landowner – Stockland)

­ Stockland

­ Vianello (landowner)

­ DPS (on behalf of a landowner - Norwest)

 

10 submissions from Public Authorities and Adjoining Councils

 

11 submissions from other residents and landowners, and local representative groups (including Urbis Pty Ltd (on behalf of AMP)and Mulgoa Valley Landcare Group)

Assessment of Submissions

The major issues arising from the submissions and our assessment of those matters are summarised below:

 

1.   Land use tables - submissions were received regarding the structure of the land use tables in the LEP and the range of permissible and prohibited uses in the development zones. 

 

In response to these issues, we have taken on board the recent DoP requirements as well as ensuring consistency with the emerging draft City-wide Local Plan.  As a result, revisions have been made to the draft LEP as outlined below.

 

2.   Local Centre – the draft LEP and draft DCP permit the development of a local commercial/retail centre in the B2 Local Centre zone.  That zone permits a range of land uses which are considered compatible with the scale of centre that has been planned for Glenmore Park Stage 2.  The DCP limits the size of a supermarket to 2,500 m2 and provides urban design guidelines for the layout and scale of the centre. 

 

Submissions were received from both the owners of the existing Glenmore Park Shopping Centre (AMP) and the developers of the proposed Stage 2 Centre (Lensworth Glenmore Park Ltd - LGPL) regarding the scale of the centre.  AMP does not raise an objection generally to a new Centre to serve Glenmore Park Stage 2, however is concerned about the size of a new supermarket being proposed, as well as the lack of an overall retail floorspace limit for the new centre in Glenmore Park Stage 2.  It was also suggested that the B2 Local Centre Zone be replaced by a B4 Mixed Use Zone.  LGPL is essentially seeking a larger supermarket floor area of 3,500 m2 and an overall centre floorspace of 5,000 m2.  LGPL also provided a market demand analysis with its submission to support its case for a larger supermarket.

 

We have assessed the suggested alternative zone, however consider that the Local Centre Zone better reflects the scale and function of the centre, which is planned to cater for the catchment of the proposed release area, offering a range of retail, business and community uses as well as some higher density residential uses.  This range of uses intentionally places the scale of this Local Centre above that of a Neighbourhood Centre, as well as containing a wider range of land uses more appropriate to this nature of Centre. 

 

We have also re-assessed the limitation placed on the floor space of a supermarket and we are of the view that it is not the role of this planning document to regulate floorspace for individual businesses, as this would be more appropriately assessed and determined at the development application stage.  However it is considered reasonable that an overall floor space limit be applied to retail development in the Local Centre and, to that end, an upper limit of 4,000 m2 of gross floor area has been included in the draft LEP, and the reference in the DCP to a supermarket floorspace limitation has been deleted.

 

3.   Lot sizes –a submission raised concern that the minimum 1,500 m2 lot size over the Mulgoa Creek catchment (Holicombe land) would not provide sufficient flexibility to design subdivisions which effectively consider topography and the unique semi-rural characteristics of this precinct.  Another submission raised concern to the availability of a range of lots sizes in the new estate.

 

The original Local Environmental Study undertaken for the release area recognised the special environmental and rural values of the Western Precinct of the release which forms part of the Mulgoa Creek catchment.  This Study identified an appropriate development outcome for the land as being low density, single family homes on large lots (up to 2.5 hectares) and highly site responsive designs.  This in effect compelled consideration of a rural/residential development outcome.

 

In the development of the draft LEP, considerable discussion with the LOG surrounded the issue of the most appropriate development outcome for this precinct.  That resulted in Council acknowledging the contribution made to biodiversity conservation with the proposed addition to the Mulgoa Nature reserve and the need to recognise an appropriate transition of housing form from the main residential precinct to the east.  A large lot residential outcome was ultimately incorporated.

 

We have reviewed the issues raised in the submission and consider that a minimum lot size prescribed over the R2 ‘Holicombe’ land can be reduced from 1,500m2 to 1,000 m2 to provide some added flexibility in lot arrangements for future subdivision design over an area of the estate identified with steeper terrain.  An additional clause limiting the number of dwellings in the zone has been included in the LEP to achieve the ‘transition’ outcome.

 

In relation to the remainder of the estate, there is flexibility in the lot size arrangements in the residential zones proposed.  Concept plans are required to be submitted for each precinct at development stage and this is intended to provide further details on lot sizes and locations.

 

4.   Building height controls – new controls have been added that prescribe a ‘maximum building height’ for a range of building types, rather than ‘storeys’, in accordance with DoP requirements.

 

5.   Map revisions – Since the preparation and exhibition of the draft maps, more accurate surveys and development detail have been made available which has enabled a more accurate document to be prepared.

 

Maps have therefore been revised to reflect the better survey information and to confirm previously agreed areas and dimensions for critical elements on the plan.  These include the Active Open Space in the RE1 zone (6.9 hectares), 3 Large Parks in the RE1 zone (one hectare each) and the Surveyors Creek corridor E2 zone (100 metres wide and 40 metres wide).  The overall zones remain unchanged.  Maps have also been updated in the DCP.

 

6.   Dwelling Yield – the exhibited draft DCP prescribed specific dwelling yields for each of the 8 precincts across the estate, as well as the range of dwelling types to be delivered within each of the precincts.  These were expressed in a dwelling yield map and a table in the draft DCP.  The table expressed a total dwelling delivery requirement of 1,699 dwellings across the estate, which was intended to deliver 15 dwellings per hectare. 

 

The landowners have submitted that this approach to density should be revised in light of a more contemporary density methodology being used by the Growth Centres Commission (GCC).  The density calculation was therefore re-examined using the GCC ‘net developable area’ (NDA) calculation, which has resulted in the total number of dwellings being 1,628 (comprising 1,378 dwellings in the Surveyors Creek catchment, which is 15 dwellings per hectare by the GCC definition, and 250 dwellings in the Mulgoa Creek catchment, which remains unchanged). 

 

7.   Deferred land – A small area of land adjacent the new release was deferred from the development of the existing estate due to the extractive industries that were being conducted on adjacent land at that time.  The new draft DCP has been extended to include the deferred land.  We have also made a submission to DoP on behalf of the landowners to investigate a separate zoning process for ‘undeferring’ that land to permit urban development as originally planned.  A separate report will be made to Council on the outcome of that process.  The extension of the proposed DCP controls over the deferred land as an interim measure until the separate zoning matter is resolved, is therefore considered prudent.

 

8.   Open space – Submissions generally supporting the provision of well located and planned open space.  Submissions sought adequate parking around active open space.  This is being considered and details will emerge as part of the precinct planning.  It is also noted that maps have been clarified to confirm that one of the large parks is an extension of the existing Jacaranda Park.

 

The exhibited draft DCP included a requirement for an active open space area comprising 6.9 hectares, and passive open space comprising 3 large neighbourhood parks (one hectare each) as well as 4 small neighbourhood parks (2 hectares in total).  An extensive range of community and sporting facilities and improvements are proposed as part of the embellishment of these parks.  Concern has been raised about the number of smaller parks proposed which, in addition to the large parks, will create a considerable maintenance burden to the Council into the future. 

 

The passive open space areas that were required in the draft plans exceed the minimum passive open space requirement for the estate.  Given this oversupply, it has been recommended that the small parks are deleted from the DCP requirement.  The 3 large parks and the active open space provision will still be acquired and maintained through S94 contributions. 

 

9.   Dwelling diversity –The draft DCP includes a Dwelling Yield Map for 8 Precincts across the estate and a Dwelling Diversity Table that specifies the range and number of dwelling types to be delivered within each of the Precincts.  This arrangement ensures that both the dwelling yield and densities and dwelling types are delivered in appropriate locations across the estate. 

 

The Landowners’ submission sought the deletion of both the dwelling targets for each of the precincts as well as the dwelling diversity table, suggesting instead a proportional control with a 15 % developer discretion.

 

We have assessed this alternative approach to housing delivery however consider that this does not provide the certainty of urban planning outcomes such as housing type, location and density.  We are recommending that, in the absence of detailed masterplans for each precinct, the dwelling yield map and dwelling diversity table remains in the DCP, with amended numbers that reflect the revised dwelling yield numbers.  Once the required precinct plans are prepared and submitted for Council’s consideration at development application stage, opportunities exist for an assessment of amended dwelling delivery within and across precincts, where precinct constraints and opportunities are made clearer.

 

10. The Northern Road Viewshed – a submission seeks the relaxing of this control and that alternatives such as mounding and other measures be considered to mitigate against the impact of future urban development on the prevailing rural character when viewed from The Northern Road.

 

The objective in the draft DCP of ensuring that development in Glenmore Park Stage 2 is not visible from The Northern Road is consistent with Council’s broader principle of maintaining Penrith’s ‘rural gateway’ from the south.  The DCP requires a view-line analysis map to accompany each of the precinct concept plans at development application stage.  It would be appropriate to assess and approve development based on that analysis at that time.  It will be therefore recommended that the DCP controls for The Northern Road Viewshed remain.

 

11. Residential development forms – submission received requesting variations to controls in the DCP. 

 

The DCP provides development controls for housing types which are typical generic arrangements for Glenmore Park Stage 2.  Developers can establish more detailed controls for each precinct as part of approved concept plans, as long as those controls reflect the objectives and performance measures identified.  Controls in the DCP should in the meantime remain.

 

12. Road hierarchy – the DCP provided a road hierarchy map and typical road cross-sections.  A number of submissions sought changes to this detail in order to accommodate an alternative bus route, revised local road patterns and accessibility.

 

In response, a revised road hierarchy map has been prepared which reflects an improved bus route location and improved road types that better serve the expected demands across the estate.

 

13. National Parks Zone – A number of submissions have supported as a significant environmental outcome the securing of 63 hectares for inclusion into the Mulgoa Nature Reserve.  There have also been suggestions for the management of that land, such as adequate fencing, interpretive signage and educational initiatives.  These are matters for the Department of Environment and Climate Change (which administers National Parks) and the matters raised in the submissions will be passed onto that Department.  There was also a request for inclusion in the S94 Plan for a contribution for bush regeneration, which will be considered as part of the assessment of the S94 Plan.  Other suggested initiatives regarding Cumberland Plain Woodland and biodiversity management will be passed onto relevant departments.

 

14. Traffic and provision of infrastructure – submissions received in relation to traffic on The Northern Road, stormwater and water supply.  Particular concern raised to potential traffic congestion as a result of the new development.

 

A Transport Management and Accessibility Plan (TMAP) was prepared and approved by the RTA as part of the zoning studies prepared for the planning of the estate and a number of local and regional road improvements have been recommended which have previously been reported to Council.  These improvements will be funded from a regional infrastructure levy applied by the State Government.  Works include an upgrading of The Northern Road north from Bradley Street.  Other services such as water and drainage are part of developer obligations that are assessed and provisioned as the estate development progresses.

 

15. Public Authorities and Agencies - there was general support for the proposed plans and a number of the agencies consulted had made previous commentary which was incorporated into the draft plans. 

 

The Department of Water and Energy (DWE) has also submitted commentary additional to that initially provided by the former Department of Natural Resources, in relation to the environmental conservation zones.  Their comments have been incorporated where appropriate into the LEP and DCP where those comments do not contravene the standard wording already developed for the Local Plan template.  Matters relating specifically to setbacks and development adjacent to the biodiversity corridor are matters to be assessed at development application stage.

 

 

Set out below is a list of recommended changes made to the draft LEP and recommended changes to the draft DCP, as a result an assessment of the submissions.  Some minor revisions have also been made to the draft LEP to provide consistency with the City-wide Local Plan currently being drafted.  There have also been some refinements to the draft DCP, following further examination of that draft document in conjunction with landowners and Council officers.  Matters relating to the draft S94 Plan will be reported separately to Council as part of a later report on that plan and planning agreement.

Recommended changes to the draft LEP

1.       Aims of the Plan - additional aims have been added to the Plan to ensure consistency with the forthcoming City-wide Local Plan.  Those Aims do not limit or change the zones or range of land uses already agreed to in the Plan.

 

2.       An additional clause 15A has been included in the Plan to provide for a range of temporary uses on a limited scale and timeframe.  This is consistent with the forthcoming City-wide Local Plan.

 

3.       Land Use Tables have been revised to include some additional land uses and objectives.  The main additions are: 

­ Bushfire hazard reduction works permissible without consent, in all zones;

­ Exhibition and display homes permissible in the residential zones as an additional use, but only with consent and with a 2 year time limit;

­ Health consulting rooms are permissible in the residential zones with consent;

­ Buildings and Information and education facilities permissible in the RE1 (active open space) zones with consent;

­ Demolition permitted in all development zones;

­ Telecommunication facilities permitted in all zones;

­ Revised objectives for tree preservation;

­ Additional clause for sustainable development.

 

4.       Height of buildings table included in Clause 21 to clarify a maximum building height for each dwelling type in particular areas.

 

5.       Local Provisions have been included in Part 6 to address matters relating to specific development in Glenmore Park Stage 2.  The provisions are:

 

­ Gross floor area of retail development in the Local Centre zone is no greater than 4,000 m2. 

 

­ A maximum dwelling yield has been specified over the Residential R2 zoned land in the western precinct - 90 dwellings for Area 1 (Holicombe land) and 160 dwellings for Area 2 (Norwest part). 

 

­ A maximum floor area of 200 m2 has been prescribed for a neighbourhood shop, which is a permissible use in the General Residential R1 zone.

 

­ Development consents for extractive industries are still current over parts of the release area.  A clause has been added which requires that those consents should be relinquished prior to consents being issued for urban development in the estate.

 

­ Additional clause permitting exhibition and display homes in the residential zones with consent.

 

6.       Mapping changes - certain mapping changes have been made to the draft LEP maps following the public exhibition of the draft LEP in response to DoP requirements, refinements in survey information and landowner submissions.  The exhibited land use zones and their arrangements have generally not changed, except for the addition of the required 3 large parks for clarity.  Details of the other changes are as follows:

 

­ The Lot Size Map has been amended by reducing the minimum lot size requirement over the ‘Holicombe’ owned part of the land (Area 1 on the map) to 1,000 m2 .  The dwelling density in this ‘transition’ zone is maintained by including a maximum dwelling yield provision in the LEP of 90 dwellings in Area 1 and a maximum of 160 dwellings in Area 2.

 

­ 3 Large Parks, identified as passive open space in the draft DCP and to be acquired as open space in the draft S94 Plan, have been included on the Land Zoning Map as RE1 and also shown on the Land Reservation Acquisition Map. 

 

­ Height of Buildings Map now references building heights in metres, rather than storeys  (DoP requirement).

 

­ Maps have been redrafted into a new standard template now required by DoP, the surveyed area has been refined and plotted more accurately on the base maps, and riparian zone edges have been more accurately plotted.

 

The revised zoning maps included with the LEP are:

 

­ Land Application Map

­ Land Zoning Map

­ Height of Buildings Map

­ Lot Size Map

­ Heritage Map

­ Land Reservation Acquisition Map

Recommended changes to the draft DCP

1.       Maps have been redrafted to more correctly reflect updated survey information, amendments to the road hierarchy (including an extended bus route, more suitable road types and amended cycleway detail), accurately surveyed open space and corridor elements, more accurate boundaries for the local centre and school site, and an updated dwelling yield map to reflect revised dwelling density figures.  Amended street cross-sections have also been included.

 

2.       The requirement for 4 Small Parks has been removed from the DCP and maps amended. 

 

3.       Objectives, performance measures and certain development controls in a number of sections have been made.

 

4.       The minimum dwelling yield map and dwelling diversity table have been maintained in the DCP with amended numbers to reflect revised dwelling yields.

 

5.       Deletion of the reference to a maximum retail floorspace for a supermarket.

 

Next Steps

The financial arrangements that underpin this release area include a draft S94 Plan and a draft Planning Agreement, which are currently being finalised for a further report to Council.  A Regional Infrastructure Levy is expected to be announced by State Government shortly and will apply to Glenmore Park Stage 2.  That levy will fund a broad range of regional services and facilities including the school, major road upgrading and securing of conservation lands.

Conclusion

The LEP and DCP for Glenmore Park Stage 2 urban release area complete the statutory planning phase of the proposed estate and will provide the necessary planning controls for development to proceed.

 

The draft S94 Plan and the Planning Agreement will provide the financial arrangements that enable the appropriate level of services and facilities to be delivered to the estate.  These documents are currently being finalised and will be reported back to Council shortly.  Upon their approval, Council will also be requested to formally adopt the LEP for referral to the Minister for gazettal.

 

 

 

RECOMMENDATION

That:

1.      The information contained in the report on Glenmore Park Stage 2 - Public Exhibition of Draft Local Environmental Plan and Penrith Development Control Plan Amendment be received.

2.      Council indicate in principle support for Draft Penrith Local Environmental Plan 2007 – Glenmore Park attached to this report.

3.      In accordance with the Environmental Planning and Assessment Act 1979 and Regulations 2000, Council adopt Penrith Development Control Plan 2006 Amendment – Glenmore Park Stage 2 attached to this report.

4.      The Penrith Development Control Plan 2006 Amendment – Glenmore Park Stage 2 take effect upon gazettal of Penrith Local Environmental Plan 2007 – Glenmore Park.

5.      A further report be provided to Council seeking adoption of a Section 94 Development Contributions Plan for Glenmore Park Stage 2 and endorsement of the Planning Agreement between Penrith City Council and Glenmore Park Stage 2 Landowners.

6.      Penrith Local Environmental Plan 2007 – Glenmore Park be formally referred back to Council for adoption in accordance with the Environmental Planning and Assessment Act 1979 and Regulations 2000 for referral to the Department of Planning and the Minister for approval and gazettal, once the Section 94 Development Contributions Plan for Glenmore Park Stage 2 has been adopted by Council and the Planning Agreement between Penrith City Council and Glenmore Park Stage 2 Landowners has been formally endorsed.

 

ATTACHMENTS/APPENDICES

1.  

Glenmore Park Stage 2 Final Draft LEP 081007

55 Pages

Attachment

2.  

Glenmore Park Stage 2 Final Draft DCP 081007

99 Pages

Attachment

3.  

Glenmore Park Stage 2 Final Draft Zoning Map 081007

1 Page

Attachment

  


Policy Review Committee Meeting

8 October 2007

The City as a Social Place

 

 

The City as a Social Place

 

 

11

Draft Penrith City District Open Space Facilities Development Contributions Plan   

 

Compiled by:                Grant Collins, Recreation and Cultural Facilities Planner

Authorised by:             Roger Nethercote, Environmental Planning Manager   

Strategic Program Term Achievement: The City’s recreation and leisure facilities and services meet its needs and are optimally used.

Critical Action: Ensure facilities and services reflect the City's diverse current and future recreation and leisure needs.

     

Purpose:

To advise Council of the updated draft Penrith City District Open Space Facilities Development Contributions Plan.  The report recommends that Council endorse the draft Penrith City District Open Space Facilities Development Contributions Plan for public exhibition.

 

Background

The PLANS Report, which was adopted by Council in 2004, provided an independent assessment of community needs and aspirations in relation to recreation and cultural facilities, infrastructure, facilities and services in the established residential areas.  The recommendations subsequently informed the development of an Open Space Action Plan and an Open Space Development Contributions Plan which were placed on public exhibition in early 2006. 

 

This report focuses on the review of the District Open Space Facilities component which has now been formulated as a separate Development Contributions Plan.

 

The draft Penrith City District Open Space Facilities Development Contributions Plans has been included in the attachments.  Colour copies of the district open space network maps have been provided to Councillors separately.

 

Exhibition of draft Open Space Development Contributions Plan

The draft Open Space Action Plan and the draft Open Space Development Contributions Plan were placed on public exhibition from Tuesday 17 January 2006 to Tuesday 28 February 2006.  The draft Open Space Development Contributions Plan (draft Plan) which was exhibited included contributions for both local and district open space facilities. 

 

A total of 10 public submissions were received following the public exhibition period.  These included submissions from the Mulgoa Progress Association, a petition from west St Clair residents, St Clair Youth and Neighbourhood Team Inc, and a number of major release area developers within Penrith City including APP on behalf of Glenmore Park Stage 2 land owners, Landcom, Delfin Lend Lease, Stockland and Penrith Lakes Development Corporation.  Two individual resident submissions were also received.

 

The major concerns identified in the submissions related to the proposed open space quantum and quality standards, the apportionment and nexus arguments used and the proposed works and associated costs, particularly in relation to the proposed district facilities. 

 

There has been an extensive review of the district open space facilities and their required contributions since the earlier exhibition of the draft Plan.  That has seen us obtain legal advice from DLA Phillips Fox and also independent planning advice from Newplan consultants, a group well versed in S.94 planning matters.

 

Given the complexities associated with the district open space facilities component, it was determined that the most appropriate way to proceed was to ensure that the new local open space contributions for the established areas were implemented and the Open Space Action Plan, which provides the background context to the Section 94 Plan, adopted by Council. 

 

Accordingly, the Local Open Space component was split from the District Open Space facilities component and separately adopted by Council on 25 June 2007, along with the Open Space Action Plan.  The key issues raised in relation to the District Open Space Facilities part of the plan are considered in the following sections of this report.

 

Assessment of Submissions

A summary of the major concerns raised in the submissions in relation to the district open space facilities element in the original draft Plan, and our response to those which have been incorporated into the review and formulation of the draft District Open Space Facilities Development Contributions Plan (draft District Plan), are outlined below. 

 

1.       Open Space Quantum

Concern was expressed by some developers that the open space quantum standards in the first draft Open Space Action Plan were unjustifiably high and that PLANS reported existing overall provision of open space is adequate.

 

The PLANS report states that the current overall open space provision levels are adequate for the existing population (not the additional population), with the exception of the new release areas where there was an identified shortfall in adequate open space (particularly active open space).

 

This aspect has been given lengthy consideration and has resulted in the local open space quantum standards being revised down to match existing provision levels of local active open space (1.4 hectares per 1,000 population) which is in the mid range of the acceptable level of provision (1.21 – 1.8 ha / 1,000 population) as stated in the adopted PLANS Report. The local passive parkland recommended standard is1.64 hectares per 1,000 population.  The total local open space provision levels are therefore 3.04 hectares per 1,000 which maintains existing provision ratios.  This standard is fairly consistent with the traditional 2.83 hectares per 1,000 standard, is a well recognised open space benchmark.

 

These new standards have been included in the draft District Plan. 

 

2.       Open Space Quality

Submissions raised concerns about the draft Plan requirements relating to the need for less constrained open space, in particular, open space areas that are not subject to significant flooding, transmission line easements or function as drainage detention basins.

 

With regard to the issue over the quality of open space areas, community feedback that was summarised in the PLANS report highlighted the need to improve the quality of the City’s open space.  Our review in relation to active open space in detention basins indicates that there are constraints on the type of uses and the supporting infrastructure that is necessary for these areas to function efficiently.  This does not preclude the use of these areas as informal open spaces for passive or unstructured recreation where appropriate.

 

Wording in the adopted Open Space Action Plan was amended to be more flexible.  This includes accepting land below the 1% AEP flood level if Council is satisfied that the design achieves quality outcomes, but still not accepting active open space in detention basins or land affected by power lines (ie policy of prudent avoidance) and other easements that could affect public safety or the development of supporting facilities and infrastructure to service the open space.

 

Council has also adopted the development of open space in accordance with contemporary universal design principles and standards in order to more effectively plan to meet the needs of our diverse and changing community.  These principles have been used in the identification and scoping of the works identified in the draft District Plan.

 

3.       Nexus

The submissions raised a general concern regarding the causal nexus (ie demands for new facilities caused by the additional population) and the timing for the delivery of the proposed facilities.

 

The PLANS Report provided an independent assessment of community needs and also discussed trends in participation numbers as a mechanism to forecast potential demands in particular areas. The incoming population generates increased demands on open space and facilities, and accordingly it is reasonable to expand capacity to cater for particular growth sports and recreation activities where the demands are greatest and existing capacity for growth is limited.  This includes pursuing opportunities to add to the capacity and level of amenity of existing facilities, as well as building additional separate facilities where identified.

 

The draft District Plan proposes general timeframes for the delivery of the facilities (ie high, medium and low priority) which is more realistic, given the many variables that can affect their delivery by a set date.  Priorities can also be reviewed at a future date if required.

 

4.       Apportionment

The draft Plan proposed that the full cost of new district open space facilities be funded by future development.  The major issue raised in submissions in relation to this apportionment was that the embellishment of district open space will serve both the existing and new residents, and both existing and new residents should pay.

 

It is acknowledged that existing residents will likely benefit from the establishment of new facilities in the City.  It is also the case that new residents will potentially benefit from existing district open space facilities to which they would not have contributed.  Implicit in the draft District Plan is that the future population would, through relevant S.94 development contributions, contribute to the delivery of the new facilities identified in the Plan. 

 

In relation to the contribution made by the existing community, we have undertaken an extensive valuation of the existing district open space land and assets across the City.  The estimation provided a measure of what the existing population has contributed compared to the contribution being sought from new development in the City.

 

The valuation approach used was based on the ‘next best use’ method which may tend to undervalue the assets.  The resulting estimate is therefore a conservative one.  Other methods, such as calculating a ‘deprival value’ (the cost of replacing the existing assets) would be higher.  The result of the assessment confirmed that the value of existing district open space land and facilities represents a substantial asset contributed by the existing community, particularly if it had to be replaced at current market rates.  That value was estimated to be in the order of $298M, or approximately equivalent to $1,732 per existing person.  The proposed contributions in the draft District Plan equate to approximately $63.5M which represents 17.5% of the combined total value of the existing and proposed district open space facilities.  This is proportional with the19.8% total estimated population increase catered for the by facilities identified in the draft District Plan.

 

In our view, this presents a cogent argument as to why it is reasonable that new development in the city contribute to the whole of the cost of the identified new district open space facilities.

 

5.       Cost of contributions and the impact on the price of housing

Concern was raised with regard to the allocation of open space in excess of the traditional 2.83 ha per 1,000 persons standard and that this will reduce future population of the release areas, increase cost of housing and increase maintenance costs to Council.

 

Council has, in its endorsement of the Open Space Action Plan, revised the open space standards from initial proposals and adopted the standard for local open space at 3.04 ha / 1,000, which is not significantly at odds with the traditional 2.83 ha / 1,000 standard.  This maintains the existing open space standard per person for the future population.  Many other LGAs have adopted open space standards well in excess of this benchmark (eg, Hornsby Council – 4.5ha / 1,000; Lake Macquarie – 17 ha / 1,000).  It is considered therefore that the open space quantum is reasonable.

 

Clearly, there are many factors that influence the cost of housing and affordability beyond Council’s open space standards such as servicing and construction costs, infrastructure levies, Government taxes and so on.  The prevailing economic conditions and the capacity for borrowing are also significant elements in considering housing affordability.  These aspects need to be taken into consideration in parallel with the reasonableness of any S.94 contributions plan the Council develops.

 

As a test of reasonableness, a regional comparison of Council open space development contributions with other neighbouring LGAs was carried out, and the results indicated that the current draft contribution rates are generally consistent with those adopted by other Council areas in Western Sydney, including other growth areas where substantial residential growth is planned such as in Penrith.

 

For some of the major proposals contained in the draft District Plan, there is the opportunity for Council to consider input from a variety of stakeholders in terms of contributions to their delivery, management and maintenance considerations.  If, at a future date, funds are derived from other sources then the Plan can be amended accordingly.

 

6.       Benchmarking with Other LGAs

As mentioned above, a regional comparison of other local government Section 94 rates with regard to open space has been conducted.  That comparison indicated that the contributions proposed in the draft District Plan are not at odds with what other councils charge for similar district open space facilities. 

 

By way of example, there are other neighbourhing LGA’s which apply Section 94 contributions for open space in excess of our proposed rate. Baulkham Hills apply a rate of $2,639.87 for open space capital works, Hornsby apply a rate of $2,246 per person for open space and recreation and Liverpool (Hoxton Park, Carnes Hill and Prestons) apply different  rates according to lot size which equates to $2,127 per person for recreation facilities for lots > 450m².  The combined Local and District Open Space Facilities proposed rates for the Penrith City equates to $2,027 per person with the new release areas providing their own local open space and facilities and the draft contribution rate of $1,495 to District Open Space Facilities. The most recent available comparison is the Camden Council Turner Road Precinct Section 94 Plan also applies a 100% apportionment principle to new development (total cost of the new district recreation facilities to be paid for by the incoming population) and includes nearly $72.5 million dollars worth of district open space works.  The current draft District Plan proposes $63,478,300 worth of district open space embellishments (includes 16% costs for design, supervision and administration) for an estimated 42,470 additional population up to 2022.  This population figure excludes the estimated 14,000 population for Penrith Lakes due to the district open space development agreements currently being negotiated with the State Government for that site. 

 

7.       Land Acquisition Costs

No additional land acquisition costs are included in the draft District Plan.  Its focus is on the embellishment of existing district open space facilities and the establishment of new facilities where identified which would be located on existing or proposed public land. 

 

Our review of the Plan has considered whether or not there should be a land acquisition component for some of the district facilities which have been earmarked for land not in Council’s current ownership, but are intended to be transferred to State Government ownership for public purposes.  The two main areas in question are the Regional Open Space proposed land on the St Marys Release site and the Penrith Lakes, both of which are intended to be transferred to the future ownership of DoP.

 

We have sought advice from DoP who have confirmed that land which it either owns or proposes to be transferred to its ownership can be made available without charge to Council for community related purposes, including recreational facilities.

 

Therefore, the Plan does not anticipate land acquisition costs and if land acquisition costs are required at a future date, the Plan will be amended accordingly.

 

 

8.       Proposed Works to Existing Aquatic Facilities

The original scope of works related to upgrading of Ripples and Penrith Swimming Centre has been reviewed to ensure that the proposed facilities focus on providing additional capacity to cater for the demands of the future increased population. 

 

The proposed works to the existing pools have, following this consideration, been reduced from the initial proposals.  This has also been considered in light of the planning for extensive aquatic facilities which will include major recreational lakes, a beach leisure pool, water ‘spray ground’ to be located at the Penrith Lakes site.  The draft District Plan, however does include provision for additional learn to swim space and amenities at the Penrith Pool, and additional dry fitness area and car parking at the Ripples pool, to help cater for the needs of the incoming population. 

 

9.       Penrith Sports and Entertainment Centre (Penrith Stadium)

The proposed works to the Penrith Stadium have been reviewed with a focus on upgrading the level of spectator amenity and facilities to enhance the stadium’s recreational experience.  The proposed works also intend to make the existing facility ‘work harder’ to encourage a wider range of uses. 

 

In light of this approach, and the requirement to keep the overall contribution equitable, the intended contribution has been reduced from $10 million to $5.1 million, which can be more directly attributed to increasing opportunities for shared use between sporting codes and events which will increase visitor numbers at more regular intervals.

 

10.     Indoor Sports Facilities

When Council considered the adoption of the Local Open Space Section 94 Plan component, concern was expressed that advancing the proposed all weather multi-purpose sports facility may be at the expense of providing necessary upgradings to the existing indoor sports facilities in the City.