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SYNERGY ENVIRONMENTAL PLANNING Pty Ltd A.C.N. 102 541 837 A.B.N. 321 025 41837
40 GREY GUM CRESCENT CHISHOLM NSW 2322 Telephone (02) 4933 6585 or 0439 336 585 Facsimile (02) 4936 6156
Email: - [email protected]
PLANNING PROPOSAL
LOT 9 DP1009184
SERENITY WAY
VACY
October, 2016.
SYNERGY ENVIRONMENTAL PLANNING Pty Ltd A.C.N. 102 541 837 A.B.N. 321 025 41837
PLANNING PROPOSAL LOT 9 1009184 SERENITY WAY, VACY.
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TABLE OF CONTENTS
OVERVIEW INTRODUCTION Part 1 Objectives or lntended Outcomes Part 2 Explanation of Provisions Part 3 Justification
Section A - Need for the Planning Proposal Section B - Relationship to strategic planning framework Section C - Environmental Social and Economic Impact Section D - State and Commonwealth interests
Part 4 Mapping Part 5 Community Consultation Part 6 Project Timeline ATTACHMENTS AND SUPPORTING DOCUMENTATION
Figure 1 Location Map
Figure 2 Aerial Photo of Site- and surrounding land
Figure 3 Existing Zoning
Figure 4 Existing Minimum Lot Size Plan
Figure 5 Fire Prone Lands Mapping
Figure 6 Dungog Shire Council Vegetation Mapping
Figure 7 Proposed Land Use Zones
Figure 8 Proposed Minimum Lot Size
ATTACHMENTS
1. Remediation works- Former sanitary waste facility Serenity Way, Vacy
Prepared for Dungog Shire Council Prepared by RCA Australia, RCA ref 11214a-301/0 June 2016
2. Valuation Report - Vacant Large Lot Residential land
Lot 9 DP 1009184 Serenity Way Vacy Prepared by Brorson Hill Valuations September 2016
SYNERGY ENVIRONMENTAL PLANNING Pty Ltd A.C.N. 102 541 837 A.B.N. 321 025 41837
PLANNING PROPOSAL LOT 9 1009184 SERENITY WAY, VACY.
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OVERVIEW
This preliminary report identifies the potential issues associated with the rezoning of the subject land, Lot 9
DP 1009184 Serenity Way, Vacy from Zone SP2 Infrastructure (Waste or Resource Management Facility)
to Zone R5 Large Lot Residential and by including the subject land in Category “X” Minimum Lots size
8000m2 on the Lot Size Map of the Dungog Local Environmental Plan 2014.
It is paramount at the beginning of this proposal that it be recognised that the Dungog Shire is the owner
of the subject land which it has used for many years in the past as a Waste Management Facility (Sanitary
Waste Depot). Council’s use of the site for such activity has ceased and the site has been determined by
the Council to be excess to its needs and as such seeks to dispose of the land.
So as to ensure impartiality, fairness and protect the public interest the Council has sought the services of
Synergy Environmental Planning Pty Ltd to independently prepare the Planning Proposal in this matter.
Synergy Environmental Planning Pty Ltd has had no dealings with the Council in relation to this land nor
has it provided consulting services to the Council in the past.
The land is classified under the Local Government Act 1993 as “Operational Land” and as such may be
disposed of by a resolution of the Council.
Council at its meeting of the 9 July 2016 determined that the land is excess to is operational needs and
that it be sold on the open market.
A Valuation was undertaken which investigated the value of the land with the current Zone SP2
Infrastructure in place and alternatively with Zone R5 Large Lot Residential in place and it showed that a
far greater return would be available to the Council on sale of the land if it were within the same zone as
those lands which adjoined it.
The information contained within the proposal explains the intended effect of the proposal to amend the
Dungog Local Environmental Plan 2014 as it currently applies to the land and the justification for making
such proposal.
The land the subject of this application is located on the eastern side of Serenity Drive Vacy midway
between Lennoxton Road and Bower Bird Close. The land encloses an area of 1.29 hectares and
occupies an area of mildly undulating land fronting Serenity Drive from the east.
SYNERGY ENVIRONMENTAL PLANNING Pty Ltd A.C.N. 102 541 837 A.B.N. 321 025 41837
PLANNING PROPOSAL LOT 9 1009184 SERENITY WAY, VACY.
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The land is mostly cleared with a significant cover of introduced grass species which appears to be
regularly maintained. A walk over identified that the site consists mainly of open grasslands with the
occasional native and non-native trees scattered along the eastern boundary in clusters.
There appear to be no issues relevant to Flora and Fauna to hamper the future use of the lands for
residential purposes.
The area of native vegetation would not equal or exceed 15% of the tree canopy and as such should not
trigger the provisos of SEPP 44 Kola Habitat Protection.
The identification and proper mapping of vegetation classifications at this location can be an exercise to be
undertaken post Gateway determination.
The land is mapped as being mostly Bush Fire Prone land (to the north) being located within the 100
metre buffer area of adjoining Class 1 Fire Prone land (To the north and east).
Future development of the site may occur in the areas not affected by the Bushfire hazard mapping or
may need to be assessed under the guidelines established by the document Planning for Bushfire
Protection 2006.
Initial inspection of the biophysical features of the land the subject of this submission confirm that the site
has the capacity to accommodate rural residential scale development however the past use of the site as
a night soil depot had resulted in some contamination of the site by residual tar deposits and some
microbiological contamination.
A Remediation Works investigation of the Former Sanitary Waste Facility was prepared for the Council by
RCA Australia in June 2016. The report outlined remediation works and investigation works undertaken at
the former sanitary waste facility as a result of an earlier Environmental Site Assessment (ESA)
undertaken in September 2015.
The objective of that assessment was to determine the suitability of the site for rezoning for residential
use. The ESA identified:
• Residual tar material and impacted soils in excess of the National Environmental Protection
(Assessment of Site Contamination) Measure 2013 (NEPM) guidelines for residential land use.
These materials were also classified in accordance with the NSW EPA Waste Classification
Guidelines as Hazardous Solid Waste.
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PLANNING PROPOSAL LOT 9 1009184 SERENITY WAY, VACY.
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• Microbiological and olfactory results in excess of the NSW Use and Disposal of Biosolids
products guidelines.
RCA recommended remediation works be undertaken to remediate those areas impacted by tar and/or
microbiological contaminants. The objective of remediation works was to bring environmental conditions at
the site to a level suitable for residential land use.
The final RCA report confirmed that the remediation works were largely successful with the bulk of the
PAH (tar) contaminated materials identified and removed from site and no microbiological contamination
was identified following remediation of such areas with lime.
One (1) sampling location remains at site which exhibits concentrations of PAH in excess of the relevant
residential guidelines and a management protocol has been prepared to guide the management of risks
during development and use of the site for a residential purpose.
RCA considers that the site is suitable for residential use following the removal of stockpiled gravel
material and with implementation of the management protocol. If the items in the protocol cannot be
implemented, additional remediation may be required that is the area affected by the tar deposits be
sealed by way of a driveway or the foundations of a house (or outbuilding).
The location of the subject site Figure 1
SYNERGY ENVIRONMENTAL PLANNING Pty Ltd A.C.N. 102 541 837 A.B.N. 321 025 41837
PLANNING PROPOSAL LOT 9 1009184 SERENITY WAY, VACY.
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An aerial view of the site Figure 2.
Existing Zonings Figure 3.
SYNERGY ENVIRONMENTAL PLANNING Pty Ltd A.C.N. 102 541 837 A.B.N. 321 025 41837
PLANNING PROPOSAL LOT 9 1009184 SERENITY WAY, VACY.
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Existing Lot Size Map Figure 4
Fire Prone Lands Mapping Figure 5
SYNERGY ENVIRONMENTAL PLANNING Pty Ltd A.C.N. 102 541 837 A.B.N. 321 025 41837
PLANNING PROPOSAL LOT 9 1009184 SERENITY WAY, VACY.
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Dungog Shire Council Vegetation Mapping Figure 6
1. PART 1 – OBJECTIVES OR INTENDED OUTCOMES
“Section 55(2)(a) a statement of the objectives or intended outcomes of the proposed instrument”.
The Planning Proposal seeks to affect a change in zone of the subject lands from Zone SP2 to Zone R5
Large Lot Residential and the classification of the subject lands to Category “X” Minimum Lot Size
8000m2 under the provisions of the Dungog Local Environmental Plan 2014.
2 PART 2 – EXPLANATION OF PROVISIONS
“Section 55(2)(b) an explanation of the provisions that are to be included in the proposed
instrument”.
The Planning Proposal seeks the making of an amending LEP such that the Zone and Lot Size Maps to
Dungog Local Environmental Plan 2014 is each amended such that the subject lands are mapped as
being within “Zone R5 Large Lot Residential” and category “X” Minimum Lost size 8000 m2 of that
Local Environmental Plan. See under/over.
SYNERGY ENVIRONMENTAL PLANNING Pty Ltd A.C.N. 102 541 837 A.B.N. 321 025 41837
PLANNING PROPOSAL LOT 9 1009184 SERENITY WAY, VACY.
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Proposed Land Use Zones Figure 7
Proposed Minimum Lot Size Figure 8
SYNERGY ENVIRONMENTAL PLANNING Pty Ltd A.C.N. 102 541 837 A.B.N. 321 025 41837
PLANNING PROPOSAL LOT 9 1009184 SERENITY WAY, VACY.
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3 PART 3 – JUSTIFICATION
Comment
The refining of the Large Lot Residential zone boundaries of the subject lot reflects the provisions that
apply to the totality of the surrounding lands; acknowledges the predominance of the existing large lot
residential subdivision patterns in the area and will allow for development of the site such that it will
complement the large lot residential configuration of the holdings in the immediate area.
Section A – Need for the Planning Proposal
“The justification for those objectives, outcomes and provisions and the process for the
implementation (including whether the proposed Instrument will comply with the relevant
directions under Section 117)”
“Is the Planning Proposal a result of any strategic study or report?”
Comment
The subject lands are not specifically identified in Dungog Council’s Dungog Shire Rural Strategy 2003 as
the development is a very minor infill proposal nonetheless the SS does note that there are likely to be
additional infill development opportunities identified in the future which will further contribute to the LGA’s
dwelling and population targets. Note Dungog is a predominantly rural shire so has no Residential
Strategy.
The compliance issues with the S117(2) Directions are addressed later in this proposal.
“is the planning proposal a best means of achieving the objectives of intended outcomes, or is
there a better way?”;
Comment
The proposal, as advanced, is positive in terms of the potential alternative uses as opposed to those uses
for which the land is currently zoned such that those new uses would be in keeping with the existing land
use in the area.
Under the current Zone SP2 the use of the site is extremely limited and would not encourage the sale of
the land to a private purchaser.
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PLANNING PROPOSAL LOT 9 1009184 SERENITY WAY, VACY.
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The only uses permissible under the current zone are roads, Waste or Resource Management Facility
including any development that is ordinarily incidental or ancillary to development for that purpose. All
other purposes are prohibited.
The need to affect a zone change can only be achieved by way of a planning proposal.
Section B – Relationship to the strategic planning framework
“Is the planning proposal consistent with the objectives and actions of the applicable regional, sub
regional or district plan or strategy (including the Sydney Metropolitan Strategy and any exhibited
draft plans or strategies)?”
The Sydney Metropolitan Strategy does not apply to the subject lands.
The Hunter Regional Plan 2036 was released by the Minister for Planning in October 2016 and applies to
the land.
The Hunter Regional Plan 2036 the Plan is a guide for land use planning priorities and decisions
over the next 20 years however it is not intended to be a step-by step approach to all land use
planning.
It is intended to provide an overarching framework to guide subsequent and more detailed land
use plans, development proposals and infrastructure funding decisions. While a series of priority
actions are included, medium and longer term actions will be identified to coincide with
population growth and economic change.
Under the terms of the Regional Plan 2036 the site is located in the Mid Coast Region
A Government direction will be issued to councils so that when they prepare new planning
proposals or update local planning controls, they are consistent with the vision and guiding
principles of the Regional Plan. Local Government Narratives will provide detailed guidance for
each council. This yet to occur.
The narrative for the Dungog Shire is for a moderate growth Population of +200 from 8,750 in
2016 to 8,950 by 2036 with an expected growth in additional houses being +400 (?)
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The narrative for Centres and employment identify that Regionally significant centres and employment
land clusters include Centres of local significance being Dungog, Clarence Town, East Gresford, Gresford,
Paterson and Vacy.
The narrative for Housing is Future housing and urban renewal opportunities need to cater to the housing
needs of ‘tree changers’ and the ageing population as well as balance the demand for rural residential
lifestyle housing with agricultural and environmental attributes.
The Vision Direction and Actions of the Hunter Regional Plan 2036
Within the Regional Plan Dungog’s future is stated as strengthening its tourist connection to
Barrington Tops, diversifying its already-strong agricultural base and capitalising on its potential
for large-scale music festivals.
Vacy is not in a location to be influenced by tourism in the Barrington Tops and the location of
the various festivals held in the Dungog LGA instead its focus is more related to the Maitland
Local Government Area which contains a high-growth metropolitan area that includes
strategic centres servicing the hinterland and rural areas of Dungog (Vacy) and the Upper
Hunter area.
Nonetheless the planning proposal in an incremental sense will allow for Greater housing choice
and jobs in that it will permit new housing in an established area through infill development
and it will aid in the fulfilment of the following Directions from the Regional Plan:
Direction 10: Protect and enhance agricultural productivity
Actions
10.1 Protect locations that can accommodate agricultural enterprises from incompatible
development, and facilitate the supply chain, including infrastructure, distribution areas,
processing facilities and research and development in local plans.
Comment
The planning proposal for this site will not impact on locations that can accommodate
agricultural enterprises free from incompatible development, and facilitate the supply chain,
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including infrastructure, distribution areas, processing facilities and research and development
in local plans.
Direction 21: Create a compact settlement
21.1 Promote development that respects the landscape attributes and the character of the
metropolitan areas, towns and villages.
21.5 Promote small-scale renewal in existing urban areas, in consultation with the community
and industry to ensure that this occurs in the right locations.
21.6 Provide greater housing choice by delivering diverse housing, lot types and sizes, including
small-lot housing in infill and greenfield locations.
21.7 Promote new housing opportunities in urban areas to maximise the use of existing
infrastructure.
Comment
The planning proposal will not impact adversely on the landscape attributes and the character of
the village of Vacy.
The planning proposal will provide greater housing choice by delivering the opportunity fo a new
hosing site as infill which will maximise the use of existing infrastructure.
Direction 22: Promote housing diversity
22.5 Include guidance in local land use strategies for expanding rural villages and rural–
residential development so that such developments will:
• not impact on strategic or important agricultural land, energy, mineral or extractive resource
viability or biodiversity values;
• not impact on drinking water catchments;
• not result in greater natural hazard risk;
• occur on land that is unlikely to be needed for urban development;
Comment
The planning proposal will not impact on strategic or important agricultural land, energy, mineral
or extractive resource viability or biodiversity values; not impact on drinking water catchments;
not result in greater natural hazard risk; and will occur on land that is unlikely to be needed for
urban development;
Centres and employment
Regionally significant centres and employment land clusters:
• Centres of local significance: Dungog, Clarence Town, East Gresford, Gresford, Paterson and
Vacy.
SYNERGY ENVIRONMENTAL PLANNING Pty Ltd A.C.N. 102 541 837 A.B.N. 321 025 41837
PLANNING PROPOSAL LOT 9 1009184 SERENITY WAY, VACY.
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Housing
Future housing and urban renewal opportunities:
• Cater to the housing needs of ‘tree changers’ and the ageing population.
• Balance the demand for rural residential lifestyle housing with agricultural and environmental
attributes.
Infill development
Development in areas already used for urban purposes. Specifically, the re-use of a site within
the existing urban footprint for new housing, businesses or other urban development.
Comment
The planning proposal will add incrementally to the population of the village Vacy which is
identified as a Centre of local significance within Dungog.
The planning proposal will add incrementally to the housing stock of the Village of Vacy and will
cater to the housing needs of ‘tree changers’ and provide a continuing part of the existing
balance for the demand for rural residential lifestyle housing with agricultural and environmental
attributes in the immediate district of Vacy.
The planning proposal is Infill development in an area already used for urban purposes and
specifically, will allow for the re-use of a site within the existing urban footprint of Vacy for new
housing.
“Is the planning proposal consistent with the local Council’s Community Strategic Plan, or other
local strategic plan?”;
Dungog Council’s Community and Strategic Plan’s stated vision for Dungog Shire is “A vibrant, united
community, with a sustainable economy. An area where rural character, community safety, and lifestyle
are preserved.” Its Mission Statement is “To manage, enhance, and protect, the resources of the Shire, in
consultation with the community.”
Council’s Community and Strategic Plans identifies Vacy having rural lifestyle development with some
remaining un-subdivided land in the area and acknowledges that the majority of residents’ travel by vehicle
to work outside of the area.
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Strategic Aim for Housing is that there be a range of housing options available to meet the needs of all
groups in the community.
The Objectives include:
To encourage developers to facilitate modified housing for people with disabilities and aged.
To continue to lobby government agencies for crisis accommodation
To work in partnership with Department of Housing, real estate agents and other community
organisations in addressing the issues of housing affordability and lack of available rentals.
The lack of local crisis accommodation for families, young people and women at risk was
highlighted by service providers in the Shire.
The ageing population could be greatly assisted by encouraging new developers to build village
type housing near services to encourage independence.
This proposal is of such a minor nature that it will unlikely to be held to assist in achieving the objectives of
the Council’s Community and Strategic Plan however it is not antipathetic to the achievement of those
objectives and will provide the opportunity for additional housing to support the township of Vacy.
In broad terms the rezoning will allow development that will maintain the rural character of the area, and
assist in preserving the lifestyle of the area around Vacy and meet the Strategic Aim for Housing in that it
will provide the opportunity for residential a development available to meet the needs of the tree change
demands for residential housing in a rural setting.
“Is the planning proposal consistent with state environmental planning policies?”;
State Environmental Planning Policy No. 44 - Koala Habitat Protection
Encourages the conservation and management of natural vegetation areas that provide habitat for koalas
to ensure permanent free-living populations will be maintained over their present range. The policy applies
to 107 local government areas. Local councils cannot approve development in an area affected by the
policy without an investigation of core koala habitat. The policy provides the state-wide approach needed
to enable appropriate development to continue, while ensuring there is ongoing protection of koalas and
their habitat
SYNERGY ENVIRONMENTAL PLANNING Pty Ltd A.C.N. 102 541 837 A.B.N. 321 025 41837
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State Environmental Planning Policy No 55 – Contaminated Land
The object of this Policy is to provide for a Statewide planning approach to the remediation of
contaminated land.
In particular, this Policy aims to promote the remediation of contaminated land for the purpose of reducing
the risk of harm to human health or any other aspect of the environment:
(a) by specifying when consent is required, and when it is not required, for a remediation work, and
(b) by specifying certain considerations that are relevant in rezoning land and in determining
development applications in general and development applications for consent to carry out a
remediation work in particular, and
(c) by requiring that a remediation work meet certain standards and notification requirements.
COMMENT
State Environmental Planning Policy No. 44 - Koala Habitat Protection
The site is not known locally as an area that contains a resident population of breeding koalas and as such
is not defined as core koala habitat and there have been no records of recent sightings of and historical
records of a population.
The site does not contain more than 15% tree canopy of native vegetation so is unlikely to trigger the
provisions of the SEPP.
The site may contain contain areas of native vegetation of the types listed in Schedule 2 to the policy
however such tree cover at this time does not constitute at 15% of the total number of trees in the upper or
lower strata of the tree component on site.
Assessment of the potential use of the site by Koalas is matter that can be verified post gateway if so
required.
SYNERGY ENVIRONMENTAL PLANNING Pty Ltd A.C.N. 102 541 837 A.B.N. 321 025 41837
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State Environmental Planning Policy No 55 – Contaminated Land
The subject site is known to have been used for a contaminating use having been used as a Former
Sanitary Waste Facility.
As previously stated in this proposal investigations (2015), remediation (2015) and verification (2016) of
the site have been undertaken by a reputable firm, RCA Australia -Geotechnical Environmental and their
findings are that the land is suitable for residential purposes subject to compliance with a “Site
Management Protocol” (copy attached) which provides that the area of tar contamination be sealed under
a driveway of a building footprint (foundation) if not further remediation may be needed.
As the land is proposed to be used for residential purposes we believe that there is no need for any
additional investigations at this time post Gateway determination.
“Is the planning proposal consistent with applicable Ministerial Directions (Section 117
Directions)?”;
The proposal has been considered against the relevant Ministerial Section 117 Directions and is
considered to be consistent with the relevant Directions as summarised below.
Number Direction Applicable Consistent Employment & Resources 1.1 Business & Industrial Zones N/A N/A 1.2 Rural Zones N/A N/A 1.3 Mining, Petroleum Production and Extractive N/A N/A
Industries 1.4 Oyster Aquaculture N/A N/A 1.5 Rural Lands N/A N/A Environment & Heritage 2.1 Environmental Protection Zones N/A N/A 2.2 Coastal Protection N/A N/A 2.3 Heritage Conservation N/A N/A 2.4 Recreation Vehicle Areas N/A N/A Housing, Infrastructure & Urban Development
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3.1 Residential Zones Yes Yes 3.2 Caravan Parks and Manufactured Home Estates N/A N/A 3.3 Home Occupations N/A N/A 3.4 Integrating Land Use & Transport Yes No 3.5 Development Near Licensed Aerodromes N/A N/A 3.6 Shooting Ranges N/A N/A Hazard & Risk 4.1 Acid Sulfate Soils N/A N/A 4.2 Mine Subsidence and Unstable Land N/A N/A 4.3 Flood Prone Land N/A N/A 4.4 Planning for Bushfire Protection Yes Yes Regional Planning 5.1 Implementation of Regional Strategies Yes Yes 5.2 Sydney Drinking Water Catchments N/A N/A 5.3 Farmland of State and Regional Significance on N/A N/A
the NSW Far North Coast 5.4 Commercial and Retail Development along the
Pacific Highway, North Coast N/A N/A 5.8 Second Sydney Airport: Badgerys Creek N/A N/A Local Plan Making 6.1 Approval and Referral Requirements No N/A 6.2 Reserving Land for Public Purposes N/A N/A 6.3 Site Specific Provisions No N/A Metropolitan Planning 7.1 Implementation of the Metropolitan Strategy N/A N/A Commentary on S117 Applicable to the Planning Proposal
Housing, Infrastructure & Urban Development
3.1 Residential Zones
The objectives of this direction are:
(a) to encourage a variety and choice of housing types to provide for existing and future
housing needs,
(b) to make efficient use of existing infrastructure and services and ensure that new
housing has appropriate access to infrastructure and services, and
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(c) to minimise the impact of residential development on the environment and resource
lands.
Comment
The Planning Proposal will not affect the existing provisions of the LEP which serve to
encourage a variety and choice of housing types to provide for existing and future housing
needs, to make efficient use of existing infrastructure and services and ensure that new
housing has appropriate access to infrastructure and services, and to minimise the impact of
residential development on the environment and resource lands.
This direction is applicable insofar as the proposal seeks the rezoning of the land to Zone R5
Large Lot Residential.
The planning proposal does not propose any changes to the existing provisions of the LEP
which encourage the provision of housing that will broaden the choice of building types and
locations available in the housing market, and make more efficient use of existing
infrastructure and services, and reduce the consumption of land for housing and associated
urban development on the urban fringe, and for housing to be of good design.
The planning proposal does not seek changes to the existing provisions of the LEP which
provide that residential development is not permitted until land is adequately serviced (or
arrangements satisfactory to the council, or other appropriate authority, have been made to
service it), and does not contain provisions which will reduce the permissible residential
density of land.
The proposal is considered to be consistent with the direction as it is not within a green fields
location but is a single site surrounded by lands within Zone R5 Large Lot Residential
as such it will seek to make use of existing infrastructure and services in this locality.
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3.4 Integrating Land Use & Transport
The objective of this direction is to ensure that urban structures, building forms, land use
locations, development designs, subdivision and street layouts achieve the following planning
objectives:
improving access to housing, jobs and services by walking, cycling and public
transport, and
increasing the choice of available transport and reducing dependence on cars, and
reducing travel demand including the number of trips generated by development and
the distances travelled, especially by car, and
supporting the efficient and viable operation of public transport services, and
providing for the efficient movement of freight.
This direction applies when a relevant planning authority prepares a planning proposal that will
create, alter or remove a zone or a provision relating to urban land, including land zoned for
residential, business, industrial, village or tourist purposes.
Comment
The planning proposal seeks to create an R5 Large Lot Residential zone over a single distinct
property presently within Zone SP2 Infrastructure (Waste or Resource Management Facility) which is
no longer required to be used for that purpose and is surplus to the needs of the Council.
The planning proposal does not seek to locate the urban zone in accordance with the
provisions that give effect to and are consistent with the aims, objectives and principles of
Improving Transport Choice – Guidelines for planning and development (DUAP 2001), and
The Right Place for Business and Services – Planning Policy (DUAP 2001).
The planning proposal seeks to regularise the zoning of a single parcel of land to the same
zone which exists in the vicinity of the subject site.
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The subject land and those surrounding it were unlikely to have been located with regard to:
promoting improving access to housing, jobs and services by walking, cycling and
public transport, and
increasing the choice of available transport and reducing dependence on cars, and
reducing travel demand including the number of trips generated by development and
the distances travelled, especially by car, and
supporting the efficient and viable operation of public transport services, and
providing for the efficient movement of freight.
Instead the pre-existing Zone R5 Large Lot Residential of the adjoining lands reflects the
historical pattern of subdivision in the locality, being predominantly of a rural character and the
planning proposal seeks to include the subject lands into the same Zone as that adjoining for
consistency purposes.
Whilst the planning proposal may be inconsistent with the terms of this direction the Director-
General of the Department of Planning and Environment (or an officer of the Department
nominated by the Director-General) should be satisfied that the provisions of the planning
proposal that are inconsistent are of minor significance in the circumstances of this case.
Hazard & Risk
4.4 Planning for Bushfire Protection
The objectives of this direction are:
(a) to protect life, property and the environment from bush fire hazards, by discouraging
the establishment of incompatible land uses in bush fire prone areas, and
(b) to encourage sound management of bush fire prone areas.
This direction applies to all local government areas in which the responsible Council is
required to prepare a bush fire prone land map under section 146 of the Environmental
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Planning and Assessment Act 1979 (the EP&A Act), or, until such a map has been certified by
the Commissioner of the NSW Rural Fire Service, a map referred to in Schedule 6 of that Act.
Comment
This direction applies as this planning proposal that will affect, or is in proximity to land
mapped as bushfire prone land.
It is intended and it will be directed by the Gateway determination in the preparation of a
planning proposal the relevant planning authority must consult with the Commissioner of the
NSW Rural Fire Service following receipt of a gateway determination under section 56 of the
Act, and prior to undertaking community consultation in satisfaction of section 57 of the Act,
and take into account any comments so made,
The planning proposal has had regard to Planning for Bushfire Protection 2006, and controls
already exist that avoid placing inappropriate developments in hazardous areas, and ensuring
that bushfire hazard reduction is not prohibited within the APZ.
The planning proposal will not alter the existing controls within the LEP, where development is
proposed, comply with the following provisions, as appropriate:
(a) provide an Asset Protection Zone (APZ) incorporating at a minimum:
(i) an Inner Protection Area bounded by a perimeter road or reserve which
circumscribes the hazard side of the land intended for development and has a
building line consistent with the incorporation of an APZ, within the property,
and
(ii) an Outer Protection Area managed for hazard reduction and located on the
bushland side of the perimeter road,
(b) for infill development (that is development within an already subdivided area), where
an appropriate APZ cannot be achieved, provide for an appropriate performance
standard, in consultation with the NSW Rural Fire Service. If the provisions of the
planning proposal permit Special Fire Protection Purposes (as defined under section
100B of the Rural Fires Act 1997), the APZ provisions must be complied with,
(c) contain provisions for two-way access roads which links to perimeter roads and/or to
fire trail networks,
(d) contain provisions for adequate water supply for firefighting purposes,
(e) minimise the perimeter of the area of land interfacing the hazard which may be
developed,
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(f) introduce controls on the placement of combustible materials in the Inner Protection
Area.
It is considered that the planning proposal is consistent with the terms of this direction.
Regional Planning
5.1 Implementation of Regional Strategies
The objective of this direction is to give legal effect to the vision, land use strategy, policies,
outcomes and actions contained in regional strategies.
Planning proposals must be consistent with a regional strategy applying to the area within
which the planning proposal is located and which have been released by the Minister for
Planning.
The planning proposal is considered to be consistent with the terms of this direction. The issue
of consistency and compliance with the Hunter Regional Plan 2036 is addressed earlier in
Section B of this submission.
The planning proposal is considered to achieve the overall intent of the regional strategy and
does not undermine the achievement of its vision, land use strategy, policies, outcomes or
actions.
Section C – Environmental, Social and Economic Impact
“Is there any likelihood that critical habitat or threatened species, populations or ecological
communities, or their habitats, will be adversely affected as a result of the proposal?”;
Comment
The land is mainly cleared with a significant cover of introduced grass species which appears to be
regularly maintained. A walk over has identified that there appeared to be no issues relevant to Flora and
Fauna to hamper the future use of the lands for urban purposes.
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The site may contain potential koala habitat in that it may contain areas of native vegetation of the types
listed in Schedule 2 to the policy but the tree cover does not appear to constitute at least 15% of the total
number of trees in the upper or lower strata of the tree component.
Assessment of the potential use of the site by Koalas is matter that can be verified post Gateway if
required.
“Are there any other likely environmental effects as a result of the planning proposal and how are
they proposed to be managed?”;
The land is not identified as being affected by any of the identified hazard characteristics other than
Bushfire hazard and contamination.
In relation to each of these issues any future development of the site will be required to comply with the
guidelines established by the document “Planning for Bushfire Protection 2006” and the RCA Australia -
Geotechnical Environmental “Site Management Protocol” for the site respectively.
Given these circumstances and the limited area of the subject site it is considered that use for large lot
residential purposes consistent with that already in the locality would be the most appropriate use of the
land.
“How has the planning proposal adequately addressed any social and economic effects?”;
The proposal will only generate one (1) additional large lot residential parcel as minor infill development in
an area already developed totally for large lot residential purposes and will contribute incrementally to
achieving the dwelling and population targets set by Council’s Settlement Strategy.
The lot yield is so low as to have little or no impact upon social and economic matters in the locality.
The alternative to doing nothing is likely to see the site remain unused or used for purposes that may
interfere with the enjoyment of the residential enjoyment of the lands nearby.
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In these circumstances and the limited area of the subject site it is considered that use for large lot
residential purposes consistent with that already in the locality would be the most appropriate use of the
land.
The positive social and economic effects relate to the potential provision of additional large lot residential
housing opportunities in this locality of Vacy.
Section D – State and Commonwealth Interests
“Is there adequate public infrastructure for the planning proposal?”;
There are no services provided by either the State or the Commonwealth that will require intensification or
augmentation as a result of this proposal.
“What are the views of State and Commonwealth public authorities consulted in accordance with
the gateway determination, and have they resulted in any variations to the Planning Proposal?”;
This is a matter for the assessment and consultation process to identify.
SUMMARY AND CONCLUSION
The proposal will only generate one (1) additional large lot residential parcel as minor infill development
and will contribute incrementally to achieving the dwelling and population targets set by Council’s
Settlement Strategy.
The proposal represents a justifiable opportunity to implement the R5 Large Lot Residential as contained
in the Dungog Local Environmental Plan 2014 as it applies to the surrounding lands.
The submission of this proposal by Council seeking endorsement to a “Gateway” rezoning proposal to
facilitate subdivision in the manner proposed is justified in the context of broader planning strategies and
those that particularly relate to the pursuit of the large lot residential potential of land.
We conclude therefore that the proposal has minimal and manageable environmental impact and as such
is worthy of support and accordingly, we submit that a favourable consideration be given to the proposal.
Part 4 – Mapping
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Figure 1 Location Map
Figure 2 Aerial Photo of Site- and surrounding land
Figure 3 Existing Zoning
Figure 4 Existing Minimum Lot Size Plan
Figure 5 Fire Prone Lands Mapping
Figure 6 Dungog Shire Council Vegetation Mapping
Figure 7 Proposed Land Use Zones
Figure 8 Proposed Minimum Lot Size
Part 5 – Community Consultation
This is a matter for the exhibition phase of the Planning Proposal and Council’s contemplation pending receipt
and determination of this application and by its resolution to proceed to exhibition.
It is procedurally required that such a proposal be publicly exhibited for a period of up to 28 days.
Notification of the public exhibition is likely to be placed in the local newspapers circulating in the area and the
Newcastle Herald and written notification sent to owners adjacent to the site along with Notices placed on
Council's website with a link attached to Council's on line exhibition facility.
The Planning Proposal, Gateway Determination, and supporting studies in addition to being available on
Council's website, would also be available at Council's Administration Building in Dungog.
A public hearing is considered unlikely in this matter.
Part 6 Project Timeline
Council Endorsement November 16
Gateway Referral December 2016
Gateway Determination February 2017
Forwarding of PP to Govt. Depts. (prior to ex.) February 2017
Responses from Govt. Agencies reviewed - PP March 2017
Completion of Exhibition Material April 2017
Exhibition May 2017
Council Report Draft June 2017
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Consideration of Submissions June 2017
Report to Council July 2017
PC Consultation July 2017
Notification and Effect September 2017
Attachments and Supporting Documentation
Document Attached
1. Remediation works- Former sanitary waste facility √ Serenity Way, Vacy
Prepared for Dungog Shire Council Prepared by RCA Australia, RCA ref 11214a-301/0 June 2016
2. Valuation Report - Vacant Large Lot Residential land √
Lot 9 DP 1009184 Serenity Way Vacy Prepared by Brorson Hill Valuations September 2016
REFERENCES
Dungog Shire Rural Strategy 2003
Dungog-Shire-Community-Strategic-Plan-2030
The Hunter Regional Plan 2036 – NSW Department of Planning & Environment 2016
Dungog Local Environmental Plan 2014
NSW DoPE Guide-to-preparing-planning-proposals-2016-08