6.6 - Ecologically Sustainable Development
It is considered that ESD is covered sufficiently within the EP&A Act, consequently this clause
is not required. ESD is also a necessary consideration under s79C of the Act for all
development applications.
6.7- Biodiversity
Even though this clause currently is the same as the clause gazetted in the Liverpool
Comprehensive LEP 2008 , there is currently a new model clause which will be the preferable
clause to apply here.
The new clause will only apply to areas of high biodiversity value that have been identified
through the strategic planning process. Please keep in mind that this is currently a draft clause
and may be subject to changes .
The identified areas will be mapped on the Natural Resource - Biodiversity map and are to be
in accordance with the 'Standard technical requirements for LEP maps'. There will be one
polygon class to identify these biodiversity areas - labelled 'biodiversity' and a fill RGB colour
of XXX:XXX:XXX.
The mapping to this clause should identify areas of high biodiversity significance.
The clause in its draft form is below:
(1) The objective of this clause is to maintain terrestrial biodiversity, including:
(a) protecting native flora and fauna,
(b) protecting the ecological processes necessary for their continued existence, and
(c) encouraging the recovery of native flora and fauna, and their habitats.
(2) This clause applies to land identified on the [Name] Local Environmental Plan [Year]
Natural Resource - Biodiversity Map
(3) When assessing a development application, the consent authority must consider
potential adverse impacts from the proposed development on:
(a) the condition and significance of the vegetation on the land and whether it should be
substantially retained,
(b) the importance of the vegetation in that particular location to native fauna
(c) any potential to fragment, disturb or diminish the biodiversity values of the land , and
(d) the condition and role of the vegetation as a habitat corridor,
and any proposed measures to minimise or mitigate those impacts
Sydney Region East
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10
-
-
-- . -
-
- - - - -- - - -- -
(4)Before granting consent to development to which this clause applies the consent
authority must be satisfied that:
(a) the development is sited, designed and managed to avoid potential adverse
environmental impacts, or
(b) where an impact cannot be avoided, and having taken into consideration feasible
alternatives, the proposed design, construction and operational management of the
development will mitigate and minimise those impacts to a satisfactory extent.
Clause 6.8 - Water sensitive urban design
There is no model clause available for water sensitive urban design , however, it is
recommended that the draft 'Stormwater' model clause (below) in used instead. Please keep in
mind that this is currently a draft clause and may be subject to changes.
Land to which the clause applies
This provision is intended to apply to land zoned for urban purposes, such as for residential,
industrial and business.
Matters for consideration
It is recommended that this subclause not be amended.
Subclause (3) requ ires the consent authority, when determining an application, to consider the
potential impacts on and from storm water as well as considerations for better stormwater reuse .
Those being:
(a)
(b)
(c)
is designed to maximise the use of water permeable surfaces on the site having
regard to the soil characteristics affecting on-site infiltration of water,
include, where practical, on-site stormwater retention for use as an alternative
supply to mains water, groundwater or river water; and
avoids, or where an impact cannot be avoided, minimises and mitigates, the
disturbance and impacts of stonmwater runoff on adjoining properties, native
bushland and receiving waters.
Draft Model Local Provision - Stormwater
(1)
Sydney Region East
The objective of this clause is to minimise the impacts of urban stormwater on the land
to which the development applies, adjoining properties, native bushland and receiving
waters .
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11
(2)
(3)
6.9 - Aquatic Ecosystems
This clause applies to all land zoned Residential, Business and Industrial land uses.
Before granting consent to development to which this clause applies the consent
authority must be satisfied that the development:
is designed to maximise the use of water permeable surfaces on the site having
(d)
regard to the soil characteristics affecting on-site infiltration of water,
(e)
include, where practical, on-site stormwater retention for use as an alternative
supply to mains water, groundwater or river water; and
(f)
avoids, or where an impact cannot be avoided, minimises and mitigates, the
disturbance and impacts of stormwater runoff on adjoining properties, native
bushland and receiving waters.
The preferred approach to manage aquatic ecosystems is via specific clauses for each specific
aquatic ecosystem. There are current draft model clauses for 'Riparian Land & Waterways' and
'Wetlands' (see below). Council may wish to include these clauses, however. it should be noted
that these clauses are subject to changes.
Riparian Land and Waterways Model Clause
Objectives
Specific objectives may be added . These may identify particular localities or other geographical
features to which the clause applies.
Land to which the clause applies
This provision applies to all watercourses and land within 40m of a watercourse within aLGA.
By using this definition to identify watercourses, it avoids the issues in accurately mapping
watercourses. Also, some watercourses systems may tend to shift over time or alter their path,
such as creating a billabong, hence their mapping within a statutory instrument may be
troublesome and can create legal and administrative issues, especially during assessment of a
DA.
Alternatively, where only specific watercourses are to be identified, and where mapping is of
sufficient accuracy, a map may be used instead.
Matters for consideration
It is recommended that this subclause not be amended .
Sydney Region East
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12
Subclause (3) requires the consent authority, when determining an application, to consider the
potential adverse impacts on the identified water values. Those being:
(a)
the identification of potential adverse impacts on:
(i)
water quality within the watercourse,
(ii)
aquatic and riparian habitats and ecosystems,
(iii)
stability of the bed, shore and banks of the watercourse, and
(iv)
free passage of fish and other aquatic organisms within or along the
watercourse,
(b)
the likelihood that the development will increase water extraction from the
watercourse.
Draft Model Local Provision - Riparian land and Waterways
General Information
This clause applies to any development that requires consent and requires
the consent authority to consider the hydrological and ecological impact of
that development on a watercourse and riparian land.
Sydney Region East
(1)
The
(a)
(b)
(c)
(d)
objective of this clause is to protecl or improve:
water quality within waterways,
stability of the bed and banks of waterways,
aquatic and riparian habitats, and
ecological processes within waterways and riparian areas.
(2)
This clause applies to land that is a watercourse [OR "identified on the [Name] Local
Environmental Plan [Year] Natural Resource - Water Map] or situated within 40 metres of
the top of the bank of a watercourse .
(3)
In assessing a development application, the consent authority must take into
consideration the following matters;
(a) the identification of potential adverse impacts on:
(i)
water quality within the watercourse,
(ii) aquatic and riparian habitats and ecosystems,
(iii) stability of the bed, shore and banks of the watercourse, and
(iv) free passage of fish and other aquatic organisms within or along the
watercourse,
(b) the likelihood that the development wi" increase water extraction from the
watercourse , and
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13
(c)
(4)
any proposed measures to minimise or mitigate those impacts
Before granting consent to development to which this clause applies the consent authority
must be satisfied that:
(a) the development is sited, designed and managed to avoid potential adverse
environmental impacts, or
(b) where an impact cannot be avoided , and having taken into consideration feasible
alternatives, the proposed design, construction and operational management of the
development will mitigate and minimise those impacts to a satisfactory extent.
Note: The Macquarie Dictionary contains the following definition:
bank means "the slope immediately bordering the course of a river along which the
water normally runs ".
The SI LEP contains the following definition:
Watercourse means any river, creek, stream or chain of ponds, whether artificially
modified or not, in which water usually flows, either continuously or intermittently, in a
defined bed or channel , but does not include a waterbody (artificial).
Wetlands Model Clause:
• This clause is only to apply to natural wetlands.
• The identified areas on the Natural Resource - Wetland map are to be in accordance with
the 'Standard technical requirements for LEP maps'. There will be one polygon class to
identify these areas - labelled "wetland" and a fill RGB colour of XXX:XXX:XXX .
Matters for consideration
It is recommended that this subclause not be amended .
Subclause (3) requires the consent authority, when determining an application, to consider the
potential adverse impacts on the wetland's ecological and hydrological values. Those being:
(a)
(b)
(c)
(d)
(e\
Sydney Region East
the growth and survival of native flora and fauna,
the condition and significance of the native flora on the land and whether it
should be substantially retained,
the provision and quality of habitats for indigenous and migratory species,
the surface and groundwater characteristics of the site , including water quality,
natural water flows and salinity, and
anv wetland in the vicinitv of the proposed development,
Page
14
Importantly, the consent authority is also required to consider any proposed measures to
minimise or mitigate those impacts.
Draft Model Local Provision - Wetlands
(1)
The objective of this clause is to ensure that natural wetlands are preserved and
protected from the impacts of development.
Clause 6.11 - Restricted premises and sex
services premises
(2)
This clause applies to land identified on the [Name) Local Environmental Plan [Year)
Natural Resource - Wetlands Map
(3)
When assessing a development application, the consent authority must consider
potential adverse impacts from the proposed development on:
(a)
the growth and survival of native flora and fauna,
(b)
the condition and significance of the native flora on the land and whether it
should be substantially retained,
(c)
the provision and quality of habitats for indigenous and migratory species,
(d)
the surface and groundwater characteristics of the site, including water quality,
natural water flows and salinity, and
(e)
any wetland in the vicinity of the proposed development,
and any proposed measures to minimise or mitigate those impacts.
(4)
Before granting consent to development to which this clause applies the consent authority
must be satisfied that:
(a) the development is sited, designed and managed to avoid potential adverse
environmental impacts, or
(b) where an impact cannot be avoided, and having taken into consideration feasible
alternatives, the proposed design, construction and operational management of the
development will mitigate and minimise those impacts to a satisfactory extent.
Under the standard instrument restricted premises and sex service premises are different uses.
•
•
Sydney Region East
Sex services requires the use of the model clause
Restricted premises are considered to be a retail prem ises and can be adequately
considered under section 79C of the EP&A Act and have their social impacts monitored
by a plan of management as condition of consent, therefore a local proviSion to deal
with restricted premises is not necessary. Further, Council is not allowed to stipulate
distances in metres between the premises and should refer to the model clause for sex
services.
Page
15
It is preferred that the 'Sex Services Premises' model clause be used. However. there is
currently a new draft clause under preparation and the Regional Team will provide Council with
a copy of the clause when available.
Sex services and restricted premises are currently not permissible in any zone within the LUT.
They must be permissible in at least 1 zone in the LUT.
Council cannot map the areas where sex services are allowed as this creates a subzone .
Clause 6.12 - Acid Sulfate Soils
This clause is appropriate. however, please ensure that the formatting of this clause is
consistent with the model clause (available on the Department's website) e.g . ensure that the
documents referenced in subclauses (3). (4) and (7) are in italics.
6.12 - Foreshore building line
The clause is consistent with the current model clause . It is noted that Council has not provided
a map as its foreshore is less than 500m. This is considered acceptable.
6.13 - Use of existing shop buildings in
residential zones
This clause is slightly different to that contained in the Rockdale LEP 2000. Further, the Code
SEPP only allows a change of use if that use is permissible on the site and according to the
LUT shop buildings for commercial purposes are currently not permissible in the R2 and R3
residential zones.
Council may wish to list these sites in Schedule 1 as existing permitted uses.
6.14 - Multi dwelling housing in the Low
density residential zone
It is considered that this clause is difficult to understand/interpret. A better approach would be to
apply a different zoning to the site where Council would like multi dwelling housing to occur.
As discussed at the meeting, Council should use the R1 zone for to resolve issue and identify
where multi dwelling housing is permissible.
6.15 - Residential fiat buildings in the Mixed
use zone
Council should reconsider the zoning of the Wolli Creek area rather than giving the area a
blanket zoning and then making exceptions to the zone. It would be better to reconsider the
strategic intentions for Wolli Creek and apply different zones to different areas to ensure a
diverse mixed use precinct is achieved .
If Council is concerned about the implications that residential flat buildings will have on the
area, it may include in the LEP a new active street frontages model clause, which is due be
released shortly to address active street frontage issues which are associated with shop top
housing and residential flat buildings
Sydney Region East
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~--- --
._---
Council may also use Schedule 1 and map the areas .
6.16 - Site containing mixed use
development
Council should reconsider the zoning and strategic intentions for the land zoned B1 B2 and B4
if they want to allow residential flat buildings in these zones while maintaining active street
frontages. Currently in the LUT residential flat buildings are prohibited in all these zones.
6.17 - Minimum Lot size for development
Council may specify minimum allotment size for specific sites as per subclauses (1) and (2).
This clause will need to be reviewed to remove the issues which do not have anything to do
with lot size .
There is a draft model clause currently being developed to deal with minimum lot size. The
Department will forward the draft clause to Council when finalised .
6.18 - Site Coverage in the B 1
Neighbourhood Centre zone
The Department advises that it is unaware of similar site coverage clauses in other
Comprehensive LEPs. Given that the clause's primary objective is to control built form, it is
considered that it would be better contained in a OCP.
6.19 - Resolution of constraints before
development
The matters set out in this clause are already necessary considerations under s79C of the EP &
A Act for any development and not just these two specific sites. Therefore, this clause is
considered unnecessary and should be deleted.
Division 2 - Discovery Point
The Department raises concerns in relation to the level of detail and complexity of the
provisions for Discovery Point. It would be better if these provisions were contained in a site
specific DCP.
It is noted that at the meeting Council indicated that it would review these prOvisions and
respond to the Department on this matter.
Schedules
Schedule 1 - Additional permitted uses
Council should ensure that uses are not included that will result in the extinguishment of
existing use rights.
Consider the underlying zoning of the items to confirm whether the additional permitted use is
already authorised by the LUT. For example, Item 8 allows development for the purposes of
'emergency services facilities' . Are emergency services facilities already permitted?
Sydney Region East
Fix errors in clause 2, item 3 and clause 3, item 3 {e.g. must not exceed a floor space ratio
Page
17
of... ).
The Infrastructure SEPP already covers 'ed ucational establishments'.
Schedule 2 and Schedule 3 - Exempt and
Complying Development
Exempt development
The following items in the exempt development schedule should have their text in black not
blue as they are mandatory clauses in the Standard Instrument:
• Filming ;
• Rain water tanks;
• Satellite TV dishes;
• Temporary Structure (other than tens and marquees), and temporary alterations or
additions to buildings or works, solely for filming purposes; and
• Tents or marquees used solely for filming purposes must.
'Shade structures for schools, playground areas of child care centres or parks, and public
swimming pools' are already covered by the Infrastructure SEPP.
Complying development
Insert a note before the 'Part 1 Types of development' heading to read as follows:
Note. State Environmental Planning Policy (Exempt and Complying Development codes) 2008
specifies complying development and the complying development conditions for the
development under that policy. The Policy has State-wide application.
Please delete all text under heading 'Part 2 Complying development certificates'.
Schedule 4 - Classification and
reclassification of public land
The land listed here must only contain references to any land that will be classified or
reclassified by the making of the SI or interests that will change as a result of the making of the
SI.
Schedule 5 - Environmental Heritage
Insert an 'I' in front of every item number in the schedule and on the map.
Please insert spaces between the items as currently it is difficult to separate some items.
LEPMaps
Land Zoning Maps
Sydney Region East
SP2 - Infrastructure
Council should provide the Department with a list of the sites it seek to zone SP2 Infrastructure
(e.g. what the sites are and why_ they need to be SP2). Also, Council will need to provide robust
Page
18
•
justification as to why these lands are being zoned SP2 and cannot be rezoned the same as the
adjoining land use.
It is noted that classified roads and railways are being zoned SP2, this is considered
appropriate.
In addition, on the zoning maps land zoned SP2 should be identified correctly to reflect its land
use, for example:
•
•
•
SP2 - Classified Road
SP2 - Railway
SP2 - Road Reservation
E2 - Environmental Conservation
Council should provide further justification as to the reasons for zoning certain land E2
Environmental Conservation.
Land Application Map
It is noted that Council has not submitted a Land Application Map, which is a compulsory
requirement. Council must prepare a Land Application Map to indicate the land to which the
LEP applies.
Sydney Region East
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19
Rockdale
151 days
Thu 26/03109
Thu 22110/09 Council
Produce LEP Bundle for DoP
45 doys
Fri 23110/09
Thu 24/12109 Council
Review of preliminary draft LEP by CoP
30 days
Mon 11/01 /10
OOOys
Man 22102110
Mon 22/02110 CounciVOoP
DoP to provide feedback to Council efter pre s64
1800ys
Man 22102110
Wed 17103110 DoP
Review of draft LEP Incl Mapping
12 doys
Thu 18/03110
Fri 02104110 Council
1 day
Wed 07104/10
Wed 07104/10 Council
MdlYS
Thu 08104110
lUI 06/07/10
odays
odays
Thu 08/04/10
Thu 08104/10 Council
Thu 08104/10
Thu 08/04/10
50 days
Thu 08104110
RD
7 days
Thu 17/06/10
Fri 25106110
Submit to EO
7 days
Man 28/06/10
TUB 08107110
Issue 565 Certif.cate
o days
Tue 06107110
TUB 06/07/10 DoP
14 dlYS
Thu 08/07/10
Tue 27/07/10
14 days
Thu 08107/10
Tue 27/07/10 Council
28 dlYS
Wed 28107/10
odays
Wed 28/07/10
Wed 28107/10 Council
28 days
Wed 28/07 /10
Fri 03109110 Council
Exhibilion completion date
odoys
Fri 03109/10
Fri 03109/10 Council
Phlle 7: Review of Oran LEP
65 dlYS
Mon 08/09/10
Frt 03/12110
30 days
Moo 06/09/10
Fri 15110110 Council
Preparation of preliminary dlllft LEP following
-,t
tCouncil
DoP's comments
Formal pre s64 meeling/s
Council Meating/Report to Council
Pha•• 4: 865
Council submits s64 submission
Council request for s65 certificate
Review and prep of 565 response incl mapping
Sumb~lo
Phase 5: P... public exhlbiUon
Preparation for ExhibiUon (poss DCP also)
Pha.e 6: Public exhibition of LEP
Commencement Date
Exhibition
Review of Submissions \ LEP review
Fri 19/02110 DoP
I Council
i.
,
Wed 16/06110 DoP
....
.
Fri 03109110
06/07
•
Council
•
28107
•
.,
Council
•
03109
_
Council
+ 15110
o days
Frt 15110/10
Fri 15110110 Council
21 days
Moo 18/10/10
Mon 15111/10 Council
Prep fO( s68 Report
7 days
Tue 16/11/10
Wed 24/11 /10 Council
Submission of 568 report
7 days
Thu 25111110
Fri 03112110 Council
Pha.. s: .68 Review & .89 Roport
85 days
Mon 06/12110
Frt 01/04111
Review of s68 submission
15 days
Man 06112110
Frt 24/12110
Legal Services to Instruct PC
10 days
Mon 27112/10
Fri 07101111
PC opinion
60 days
Mon 10101 /11
Fri 01 /04/11 CounciVPC
Preparation of 569 reportlPC sign off
60 OOys
Mon 10/01111
Fri 01 /04 /11 DoP
Media contact
o days
Fri 01104111
Fn 01104/11 DoP
~01/M
Subm~
Odoys
Fri 01/04/11
Fri 01104111 DoP
~
7 days
Mon 04104111
Tue 12104111
700ys
Mon 04/04/11
Tue 12104/11 DoP
2B doys
Wid 13104111
Mapping finaliUlion
Report to Council on Amendments
569 report to ED
Phaso I: .68 ",port
Review and sign off by ED
Phaao 10: GazOItIIt & Notifoc;otion
Project: LEP Temp/ots Tlmollne 4-tl-O
Date: Thu 11103110
Task
Sp/~
Progress
,tt. " " , .. " " " . ,
Mfleltone
Council
•
~00P
Frt 20/05111
•
\ . . CounclUPC
Summary
Project Summery
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External Tasks
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Deedline
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