REPORT OF GENERAL MANAGER - City of...

Special Development Committee - Draft LEP 2009-4 June 2012

ADDENDUM REPORT OF GENERAL MANAGER

SPECIAL DEVELOPMENT COMMITTEE - DRAFT LEP 2009

MONDAY, 4 JUNE 2012

STRATEGIC PLANNING AND INFRASTRUCTURE

1. Draft Shoalhaven Local Environment Plan 2009 - Area Specific Bomaderry,

Mundamia, South Nowra, North Nowra and Nowra Hill submissions File 33363E (PDR) PURPOSE OF THE REPORT To detail the area specific submissions received during the exhibition period of draft SLEP 2009, in relation to Bomaderry, Mundamia, Nowra Hill, North Nowra and South Nowra. A separate report that relates to Nowra has been considered by Council. RECOMMENDED that Council consider the individual preferred options/changes to draft SLEP 2009 as set out in the body of this report via the successive recommendations. The recommendations contained in the body of this report are consistent with Council’s resolution of 20 March 2012 being:

“Council consider each submission on its merits and if appropriate, amend the draft SLEP accordingly, or add to a list of future projects to be considered following the completion of the draft SLEP 2009.”

COMMUNITY STRATEGIC PLAN Objective: 2.2 Population and urban settlement growth that is ecologically

sustainable carefully planned and a managed to meet the needs of the community.

Strategy:

2.2.1

Develop and implement land use and related strategies for future growth of the City, based on the principles of connectivity, ecological sustainability, flexibility and acessibility.

DELIVERY PROGRAM Activity: 2.2.1.9 Implement the Planning Works Program to complete planning

policy and strategy initiatives.


1.5.1.3 Prepare and apply appropriate land use zones and associated planning controls for nominated centres consistent with endorsed master plans and strategies.

OPTIONS AND IMPLICATIONS Option 1: Council consider the individual preferred options/changes to draft SLEP 2009 as set out in the body of this report via the successive recommendations. Implications This option is preferable because:

• The preferred options/changes respond to concerns raised in submissions that represent good strategic planning outcomes that are consistent with the Standard SLEP instrument.

• The preferred options/changes are consistent with the ‘ground rules’ and the ‘best fit’ transfer approach wherever possible.

• Re-exhibition of draft SLEP 2009 will provide a further opportunity for the community to consider how Council has addressed these issues, and make further comment if they wish.

Option 2: Council adopts changes to draft SLEP 2009, other than those suggested and justified in this report Implications This option is not recommended as there is a real risk of there being no strategic planning basis to making changes other than those outlined and recommended in the report. REPORT DETAILS Introduction: This report addresses area specific issues raised in submission relating to Bomaderry, Mundamia, Nowra Hill, North Nowra, and South Nowra areas. The issues will be addressed successively below. The issues are either site specific or area specific and are issues that have not already been addressed in previous reports to this committee.


Background: There are a number of strategic planning documents that are specifically relevant to the Nowra-Bomaderry area as outlined below: Nowra-Bomaderry Structure Plan (NBSP) - This plan sets the strategic direction for Shoalhaven’s major centre for the next 20 years. The draft SLEP 2009 implements the Nowra-Bomaderry Structure Plan, partly through new zones to provide additional employment and living areas, including future industrial expansion adjoining the Flinders Industrial Estate in South Nowra and seven new living areas. The Structure Plan was adopted by Council in 2006 and endorsed by State Government in 2008. The NBSP is recognised as one of the strategies that supports the State Government South Coast Regional Strategy. South Coast Regional Strategy - This Strategy, was released in 2007 and is the NSW Government strategy to guide sustainable growth and conservation in the South Coast over a 25 year period.

# The draft SLEP 2009 implements the NBSP and is therefore not a ‘best fit’ transfer from SLEP 1985 in the case of the Nowra-Bomaderry area. There were also some exceptions as noted in the ‘Exceptions to ‘best fit’: key specific changes’ exhibition document which formed part of the exhibition materials. The relevant section of this document is provided as Attachment ‘A’ to this report. The submissions received were primarily from individuals, with some internal Council submissions and Government Agency Submissions. The issues detailed in this report are either site specific or are specific and relate to matters that have not already been outlined/considered in previous reports to this committee. Key Issues:

During the exhibition period a number of submissions were received that related to or

raised area or locality specific issues relating to the Bomaderry, Mundamia, Nowra Hill, North Nowra and South Nowra areas as detailed in the following table.

Type

Bomaderry Mundamia Nowra Hill North Nowra South Nowra

Individual 4 0 3 11 5 Form Letters 0 0 0 0 0 Petitions 0 0 0 0 0 Local, State & Federal Agencies

1 1 0 0 0

Rezoning Requests 0 0 0 0 0 CCBs & other community groups

0 0 0 0 0

Internal 2 1 1 1 3

# A summary of each relevant submission is included as Attachment ‘B’. A number of submissions that commented on these specific areas, did not comment on this issue


alone and therefore Attachment ‘B’ only summarises that part of each submission that related specifically to these areas. Any other issues raised in the submission will be, or may already have been considered by this Committee. One submission received from an individual at Tapitallee that was overlooked in the Tapitallee area specific report has also been included below as the first issue.

Tapitallee

Issue 1- Biodiversity overlay mapping 1240 Illaroo Road General Submission: One submission was received from a land owner in relation to the Natural Resource Sensitivity (NRS) overlay maps (biodiversity and water) affecting their property in 1240 Illaroo Road, Tapitallee and requesting it to be removed as it is incorrect.

Extract from the draft NRS - Water map (draft SLEP 2009 as exhibited)

Extract from the draft NRS - Biodiversity map (draft SLEP 2009 as exhibited)


Aerial photo of Lot 31 DP1049754 1240 Illaroo Road, Tapitallee

Comment: The data on which the NRS Water map is based on is provided by the State Government (formerly the Department of Natural Resources now part of Office of Environment and Heritage). The mapping is indicative only. The submission also brings to Council’s attention the anomaly in relation to the dam on the neighbouring property and this oversight can be resolved in the mapping. In relation to the Natural Resource Sensitivity Biodiversity map as the aerial photograph indicates, this is significant vegetated riparian corridor between two extensively vegetated areas of land and it is mapped accordingly. Therefore the removal of the mapping overlay in this location is not supported. There are two options to address this issue at this point in the SLEP process. These are: 1. Do nothing - Retain the Natural Resource Sensitivity - Water and Biodiversity overlay

mapping as exhibited in draft SLEP 2009.

2. Retain the NRS Biodiversity overlay mapping as exhibited and amend the Natural Resource Sensitivity - Water overlay map on Lot 2 DP 1012957 to include the dam and advise the landowner accordingly as part of the re-exhibition process.

Recommendation 1: Retain the NRS Biodiversity overlay mapping as exhibited and amend the Natural Resource Sensitivity - Water overlay map on Lot 2 DP 1012957 to include the dam and advise the landowner accordingly as part of the re-exhibition process.


Bomaderry

Issue 2: Thurgate Oval - Natural Resource Sensitive (NRS) Water overlay mapping Submission: One submission was received in relation to the NRS - Water overlay mapping on the eastern side of Thurgate Oval. It stated that the natural watercourse which feeds the swamp starts in the vicinity of Brinawarr Street therefore felt the mapping was incorrect.

Aerial photo of Thurgate Oval, Bomaderry

Extract from the Draft NRS - Water map (draft SLEP 2009 as exhibited)

Thurgate Oval, Bomaderry Comment: The mapping is indicative and appears to follow the natural watercourse as indicated in the aerial photograph above. This mapping could be verified through ground truthing if required. However the NRS - Water overlay map as exhibited is considered appropriate for retention at this stage. Recommendation 2: That the submission regarding the NRS - Water overlay map in the vicinity of Thurgate Oval be received for information.


Issue 3: Access to Future Nowra Bypass General Submission: One submission was received in relation to the future Nowra-Bomaderry Bypass/Princes Highway upgrade requesting a left in/left out exit from Abernethy’s Lane to the Princes Highway be retained due to family members medical conditions. Comment: This issue is not something that can be addressed as part of the current SLEP process and will be a matter for further consideration as part of the more detail planning in relation to the future Bypass (at the appropriate point). Recommendation 3: That the submission regarding access to future Nowra-Bomaderry Bypass be received for information. Issue 4: Expansion of Industrial zoned land 32 Bolong Road, Bomaderry (Lot 62 DP 1078788) Economic Development: One internal submission was received from Economic Development Unit supporting the IN1 zoning of 32 Bolong Road (Lot 62 DP 1078788), Bomaderry.

Extract from Land Zoning Map (SLEP 1985) - 32 Bolong Road, Bomaderry

Extract from draft Land Zoning Maps (draft SLEP 2009) - 32 Bolong Road, Bomaderry


Comment: Support for the draft SLEP 2009 zoning of the subject property is noted. Recommendation 4: That the submission regarding the zoning of 32 Bolong Road Bomaderry be received for information. Issue 5: Zoning 41 Bolong Road, Bomaderry (Lot 105 DP 802036) Economic Development (internal): One internal submission was received from Economic Development Unit requesting a revision of zoning for this site. It stated that IN1 General Industrial was not appropriate and B4 Mixed Use or B5 Business Development is more appropriate, in the interest of supporting employment lands.

Extract from SLEP 1985 existing zones - 41 Bolong Road, Bomaderry

Extract from draft Land Zoning Map (draft SLEP 2009 as exhibited) - 41 Bolong Road, Bomaderry

Comment: Under SLEP 1985 the subject site has a split zoning of Business 3(b) and Special Uses 5(a) (car park). The site is currently used for commercial purposes and is proposed to be zoned IN2 Light Industrial. The site adjoins a B4 Mixed Use zone and therefore a B4 zoning may also be appropriate. It is noted the landowner did not make a submission on the draft SLEP 2009.


There are two options to address this issue at this point in the SLEP process. These are: 1. Do nothing - Retain the IN1 General Industrial zone as exhibited in draft SLEP2009.

2. Change the zoning of 41 Bolong Road, Bomaderry to B4 Mixed Use to be consistent

with the adjoining properties and advise the landowners accordingly. Recommendation 5: That Council adopt Option 1 or 2 above. Issue 6: 59 Bolong Road (Lot 5 DP 2886) Bomaderry - Zoning and Heritage Status Policy Planning Unit (Internal): One internal submission was received from Policy Planning Unit stating the Berry Estate manager’s residence at 59 Bolong Road is a heritage item of State Significance and the R3 Medium Density zoning does not provide protection to the site.

Extract from the draft Land Zoning Map (draft SLEP 2009 as exhibited)

59 Bolong Road, Bomaderry Comment: The site is zoned Residential 2(b1) in SLEP 1985 and the Structure Plan did not suggest a change to the medium density zone. Therefore the site has been zoned R3 Medium Density in draft SLEP 2009. The site has also been listed as a heritage item of state significance in Schedule 5 of the draft SLEP thus recognising the heritage significance of the site. There are two options to address this issue at this point in the SLEP process. These are: 1. Do nothing - Retain the R3 Medium Density zoning as exhibited in draft SLEP2009.

This is the preferred option as it is the ‘best fit’ transfer.

2. Change the zoning of 59 Bolong Road, Bomaderry from R3 Medium Density to R2 Low Density Residential.


Recommendation 6: That Council retain the R3 Medium Density zoning as exhibited in draft SLEP2009. Issue 7: Corner of the Princes Highway and Cambewarra Road, Bomaderry Economic Development Unit (Internal): One internal submission was received from Economic Development Unit supporting the proposed B5 Business Development and B4 Mixed Use on the corner of Cambewarra Road and the Princes Highway.

Extract from SLEP 1985 - Existing zones - Cnr Princes Highway and Cambewarra Road

Extract from the draft Land Zoning map (draft SLEP 2009 as exhibited)

Cnr Princes Highway and Cambewarra Road Comment: Support for zoning of the subject land draft SLEP 2009 is acknowledged. This zoning is consistent with the Structure Plan direction and no further action is required. Recommendation 7: That the submission regarding the zoning of the land on the corner of Cambewarra Road and the Princes Highway be received for information.


Issue 8: Railway land at Bomaderry This issue relates to Railcorp land at Bomaderry proposed to be zoned SP2 in draft SLEP 2009 and their request to have it rezoned in line with adjacent land as per the Department of Planning and Infrastructure’s direction. The request relates to a number of lots being: part lot 21 DP 856086 and Crown land at Bolong Road (Figure A), part lot 3 DP802440 (Figure B & C), part Lot 3 DP 802440 Lot 1 DP 229035 and Lot 2 DP 229035 (Figure D) and part Lot 1 DP 1021415 (Figure E) which are identified on the maps following: Railcorp NSW: The submission received from Railcorp requested a rezoning from SP2 to an appropriate zone in line with the Department’s direction of zoning for Infrastructure. The properties and requested zones are as follows:

Figure A - Crown Land (no description) and Part of Lot 21 DP 856086, Bolong Road.

Extract from draft Land Zoning Map (draft SELP 2009 as exhibited)

Figure A Request: RU1 Primary Production for Part of Lot 21 DP 856086 and Crown land (no property description) at Bolong Road in line with the adjacent land.


Figure B - Part of Lot 3 DP 802440 Meroo Street Bomaderry

Extract from Railcorp’s submission


Figure C Part of Lot 3 DP 802440 Meroo Street, Bomaderry

Figure B & C Request: RE1 Public Recreation Part of Lot 3 DP802440 (as per Figure B & C) - this land is leased by Council and is essentially used as recreational land and this zoning would give greater flexibility to Council for potential future uses on the site.


Figure D Part Lot 3 DP 802440, Lot 1 DP 229035 and Lot 2 DP 229035 Meroo Street, Bomaderry

Figure D request: B4 Mixed Use on Part Lot 3 DP 802440 and Lot 1 DP 229035 and Lot 2 DP 229035(as per Figure D) consistent with the adjacent zoning on Meroo Street.


Figure E: Part Lot 1 DP 1021415, Railway Street, Bomaderry

Figure E request: IN1 General Industrial for part Lot 1 DP 1021415 (as per Figure E) consistent with adjoining lands. Comment: The request to remove the SP2 zone in the above locations is considered reasonable and is consistent with the Department of Planning and Infrastructure’s advice regarding the use and application of the SP2 Zones. The primary adjoining zones in this case are as follows:

• Part Lot 21 DP 856086 and Crown land at Bolong Road (as per figure A) RU1 Primary production.

• Part Lot 3 DP 802440 (as per figure B & C) RE1 Public Recreation.

• Part Lot 3 DP 802440 Lot 1 DP 229035 and Lot 2 DP 229035 (as per Figure D) B4 Mixed Use.

• Part Lot 1 DP 1021415 (as per Figure E) IN1 General Industrial.

There are two options to address this issue at this point in the SLEP process. These are: 1. Do nothing - Retain the SP2 zone for the subject sites. It is likely that the SP2 zones

in various locations (not just this one), such as schools, fire stations, churches etc will be changed by the Department of Planning & Infrastructure when the new Section 65 certificate is issued.


2. Change the zonings from SP2 to reflect the primary adjacent or adjoining zones (as listed above) - This is consistent with the Department of Planning and Infrastructure advice and the surrounding zoning (generally).

Recommendation 8: Change the zonings for the various Ralcorp properties at Bomaderry from SP2 to reflect the primary adjacent or adjoining zones (as listed in the report), consistent with the Department of Planning and Infrastructure advice. Issue 9: Railcorp land - Railway Street Bomaderry Railcorp NSW: One Submission was received from Railcorp in relation to a parcel of land on the corner of Railway Street and Cambewarra Road requesting the retention of the SP2 zoning but requesting an addition to Schedule 1 Additional Permitted Uses to allow the current use of a dwelling to continue.

Figure E: Land parcel - Corner Railway Street/Cambewarra Road Street Bomaderry

Comment: This site has an existing dwelling which is leased from Railcorp (landowner). The leasee is required to remove any improvements prior to handing the land back at the end of the lease. The existing dwelling is likely to have existing use rights and therefore there is no need to add the site to Schedule 1 Additional Permitted Uses in draft SLEP 2009. It is also unlikely that the use of Schedule 1 would be supported in this situation by DP& I.


Recommendation 9: That the submission regarding the request to use Schedule 1 for the parcel of Railcorp land on the corner of Railway Street and Cambewarra Road, Bomaderry be received for information. Issue 10: 246 Princes Highway, Bomaderry (Lot 1 DP 208320) Economic Development Unit (Internal) One internal submission was received from Economic Development Unit requesting that the above site be zoned B4 Mixed Use or B5 Business Development as the SP3 zoning is not appropriate. Comment: The site is currently zoned part Environment Protection 7(d2) and part Residential 2(d) under SLEP 1985 and as such has been zoned part E2 Environment Conservation and part SP3 Tourist in draft SLEP 2009. The site appears to benefit from existing use rights and a consent was granted in 2011 to upgrade the existing service station (“commercial additions - canopy, new Tanks and Demolition of Restaurant” as per the DA11/1430). There is a B5 Business Development zoning less than 150m south of the site. A submission was not received from the owner of the property. Given the apparent “existing use right” the rezoning of the site to a suitable business zone would be consistent with the following resolved “ground rule” (28th November 2006):

“As far as practical the LEP include Spot Business Zones that recognize existing use.”

Thus there may be some merit in changing the zoning of the lot from SP3 Tourist to B5 Business Development consistent with this “ground rule”.

Extract from SLEP 1985 - Existing zones - 246 Princes Highway, Bomaderry


Extract from the draft Land Zoning Maps (draft SLEP2009 as exhibited) - 246 Princes Highway, Bomaderry There are two options to address this issue at this point in the SLEP process. These are: 1. Do nothing - Retain the E3 and SP3 zoning as exhibited in draft SLEP2009.

2. Change the SP3 Tourist zone to B5 Business Development consistent with the

“ground rules”. Recommendation 10: That Council adopt Option 1 or 2 above. Issue 11: Princes Highway & Abernethys/Pestells Lane, Bomaderry Economic Development Unit (Internal): One internal submission was received from Economic Development Unit requesting the rezoning of land on the Princes Highway from Abernethys to Pestells Lane to B2 Local Centre or an SP zone to permit a transport service centre to foreshadow requirements when the Nowra-Bomaderry Bypass is developed.

Extract from the draft Land Zoning Map (draft SLEP as exhibited)

Princes Highway between Abernethys and Pestells Lane


Comment: Given the long term nature of the proposed Nowra-Bomaderry Western Bypass, it would be premature at this point to consider zoning land for a transport service centre. The detailed strategic justification to support this request at this stage does not exist. During the preparation of the draft SLEP the need to include proposed “transport service centres” was discussed. It was agreed that if needed in the future they could be managed through the Planning Proposal process should any suitable sites be identified. Recommendation 11: That the submission, regarding zoning the subject land on the Princes Highway, Bomaderry to facilitate a Highway Service Centre, be received for information.

Issue 12: Heritage listing - Illawarra Flame Tree on Lot 1 DP 285137, Bolong Road, Bomaderry Policy Planning Unit: One internal submission has been received from Policy Planning Unit requesting the listing of the Illawarra Flame Tree at Lot 1 DP 258137 due to the weakening of the Tree Preservation Order in draft SLEP 2009.

Extract from the draft Land Zoning Maps (draft SLEP 2009 as exhibited)

Lot 1 DP 285137 Bolong Road, Bomaderry


Arial photo map Lot 1 DP 285137 Bolong Road Bomaderry

with star indicating location of Illawarra Flame tree Comment: The tree is located at the entrance to Lot 1 DP 285137, and was not identified in the Shoalhaven Heritage Study, but was required to be retained as part of the subdivision consent SF7414, as indicated on the approved plans. There has been no heritage assessment of the tree to date and therefore the request to list it as a heritage item in draft SLEP 2009 not be supported due to the lack of strategic justification. Recommendation 12: That the submission in relation to the possible heritage listing of the Illawarra Flame Tree at Lot 1 DP 285137 be received for information. Issue 13: Bomaderry Creek Flood Planning Area map Since the exhibition of draft SLEP 2009 Council has adopted the Bomaderry Creek Flood Study and as a result new flood mapping. One internal submission was received in relation to this matter Policy Planning Unit (Internal): One internal submission was received from Policy Planning Unit requesting the Flood Planning Area Map in draft SLEP 2009 be amended to incorporate the Bomaderry Creek Flood Study, adopted by Council 23 November 2010 (MIN10.1384)


Extract from the draft Flood Planning Area Map (draft SLEP 2009 as exhibited)

Extract from Bomaderry Creek Flood Study

Comment: The change is considered reasonable as it is consistent with a separate Council resolution and the adopted Bomaderry Creek Flood Study. The new mapping is currently being used for development assessment purposes and on Section 149 Certificates. It was always intended that the Flood Planning Area maps be revised and updated as new Flood studies and plans are completed or existing ones updated.


As such it is recommended that the Flood Planning Area Map, be amended to be consistent with the Bomaderry Creek Flood Study (as adopted by Council). Recommendation 13: That amendments be made to the Flood Planning Area Map, to incorporate the Bomaderry Creek Flood Study (as adopted by Council). Issue 14: Nita Place and Nundah Close, Bomaderry Submission: One submission was received from NSW Family and Community Services - Housing NSW requesting the rezoning of land within the Nita Place and Nundah Close area from R2 Low Density Residential to R3 Medium Density Residential.

Extract from SLEP 1985 - Existing zones - Nita Place and Nundah Close, Bomaderry

Extract from draft land zoning Map (draft SLEP 2009 as exhibited)

Nita Place and Nundah Close, Bomaderry


Aerial Photo of Nita Place and Nundah Close, Bomaderry

Comment: This area has is a mix of housing stock with some existing villa/townhouse style development. This area is currently zoned Residential 2(c) in SLEP 1985 which permitted a range of housing types including medium density development and residential flat buildings. The exhibited R2 Low Density Residential zone in draft SLEP 2009 prohibits multi dwelling housing and residential flat buildings. The land to the south of this area was also zone 2(c) and has been transferred to R1 General Residential. The R2 and R3 zones in this area reflect the existing approved development or lot sizes. Given the number of single dwelling in this area an overall R3 zone is not considered appropriate. Recommendation 14: Retain the zoning of Nita Place and Nundah Close as exhibited in draft SELP 2009. Issue 15: 44 Birriley Street, Bomaderry Housing NSW: One submission was received from NSW Family and Community Services - Housing NSW requesting the rezoning of the 44 Birriley Street.

Extract from SLEP 1985 - Existing zones - 44 Birriley Street, Bomaderry


Extract from draft Zoning Land Map (draft SELP 2009 as exhibited) - 44 Birriley Street, Bomaderry

NSW housing request the R1 zoning be extended to include this property allowing for greater redevelopment opportunities in close proximity to the Meroo Street Shops. Comment: The land is currently zoned Residential 2(a1) in SLEP 1985 and is proposed to be zoned R2 Low Density Residential in draft SLEP2009. The subject lot is separated by one lot from the R1 General Residential zoned land. The adjacent R1 zone is consistent with the Structure Plan desire to facilitate redevelopment and increased densities close to the shopping centre/railway station. There are two options to address this issue at this point in the SLEP process. These are: 1. Retain the R2 zonings as exhibited in draft SLEP 2009. This is the preferred option

as it is ‘best fit’ transfer and there is no strategic justification for the change.

2. Amend the zoning for 44 Birriley Street to R1 General Residential. This option is not preferred as the Structure Plan did not identify this lot for inclusion in the redevelopment area.

Recommendation 15 Retain the R2 zoning for 44 Birriley Street, Bomaderry as exhibited in draft SLEP 2009

Mundamia

Issue 16: Shoalhaven Education Campus - Lot 3 DP 1156684 and Lot 6 1156684 This issue relates to the Shoalhaven Education Campus at 69 George Evans Road and the potential uses and zoning of the site. Two submissions were received. NSW Department of Education and Communities: One submission was received from NSW Department of Education and Communities requesting the zoning of Lot 3 DP 1156684 be changed from SP2 Schools to E2 (small parcel of land as indicated on the following map).


Aerial Photo (2009) indicating Lot 3 DP 1156684

Economic Development Unit: One internal submission was received from the Economic Development Unit supporting the proposed SP2 zoning and querying whether it will allow for Research and Development or Business Park uses to be undertaken in the zone.


George Evans Road, Mundamia


Comment: Lot 6 DP 1156684 is 62ha in area and is currently zoned Rural 1(d) (General) in SLEP 1985 and currently accommodates the TAFE, University of Wollongong Campus and a future school site. Lot 3 DP1156684 is approximately 1100sqm of vegetated undeveloped land on the opposite side of George Evans Road to the existing campus development, between the road and school site. Both lots are proposed to be zoned SP2 in draft SLEP 2009. Considerable master planning went into the education campus. The proposed SP2 zone reflects the overall site and its future uses. As such it is not proposed to change the zone for Lot 3. In regard to the Economic Development Unit request, the SP2 zoning may allow for R&D to be undertaken as an ancillary use to the site’s core use, but not as an independent stand alone use. A business park would not be permissible under the proposed zoning. Recommendation 16: Retain the zoning of the Shoalhaven Education Campus as exhibited in draft SLEP 2009. Issue 17: Flatrock Road Waste Facility (Lot 1 DP 847203) Submission: One internal submission was received from Economic Development Unit questioning whether the SP2 zoning of the waste facility site is flexible enough to allow for private operators to run recycling processing facilities.

Extract from the draft Land Zoning Map (draft SLEP 2009 as exhibited) - Flatrock Road, Mundamia

Comment: The definition of “Waste or Resource Management Facilities” in draft SLEP 2009 does not distinguish between private and public facilities. As such both are permissible in the proposed zone. The Council land that forms the Flatrock waste facility is classified “operational” under the Local Government Act 1993. As such this would also allow private use to be considered in the future. Therefore the flexibility requested in the submission is already considered possible.


Recommendation 17 That the submission in relation to the zoning of Waste Facility at Lot 1 DP 847203 be received for information.

Nowra Hill

Issue 18: Gannett Road - Lot 502 DP 8566666 Submissions: Two submissions were received in relation to Lot 502 DP 8566666 Gannett Road (William Campbell College) in relation to existing approved “group homes” on the site. General submissions: One submission raised concerns with any changes to the existing SLEP and would like an investigation of why Council passed two group homes in 2000 on the Rural 1(d) land. The other submission was concerned that the RU2 Rural Landscape zoning allow for more than one group home and cluster housing, while liking the rural environment on top of Nowra Hill. Comment: “Group homes” are proposed to be permissible with consent in the proposed RU2 Rural landscape zone. Draft SLEP 2009 does not address previous development consents and future development applications would need to be considered on their merits. Recommendation 18: That the submissions in regard to Lot 502 DP 8566666 Gannett Road be received for information. Issue 19: 382A BTU Road General Submission: One submission was received from a land owner stating that the proposed E2 Environment Conservation zone over a small part of her land, is an error and requests its removal.


382A BTU Road Nowra Hill (Lot 1 DP 850551)


Comment: The area was identified as part of a Conservation Riparian area in the Structure Plan. This area was discussed internally as part of the preparation of draft SLEP 2009 and it was determined that the proposed E2 zone be removed around this area as the land is cleared. The wedge or sliver should also have been removed at that time and such is considered a mapping error that should be rectified in the draft SLEP 2009.

Recommendation 19: That Council remove the E2 zoning on Part of Lot 1 DP 850551, and replace with RU2 Rural Landscape zone. Issue 20: 359D BTU Road - Lot 55 DP 1003589 Submission: One submission was received from the landowner of 359 BTU Road requesting a change to the lot size map. The restrictions will not allow for a managers cottage. Shoalhaven Water Reservoir was constructed on the land making the rest of land useless.


359D BTU Rd Nowra Hill Lot 55 DP 1003589

Aerial Photo (2009) 359D BTU Road, Nowra Hill, Lot 55 DP 1003589


Comment: This property is approximately 45 hectares in area. It is zoned Rural 1(d)(General) in SLEP 1985 and proposed to be zoned RU2 Rural Landscape in draft SLEP 2009. The site has an existing dwelling and associated buildings located on the land. As part of the draft SLEP2009 process Council has previously resolved to permit rural workers dwellings in the RU2 Rural Landscape zone therefore this issue has previously been addressed. Recommendation 20: That the submission in relation to 359 BTU Road, Nowra Hill be received for information. Issue 21: Natural Resource Sensitivity (NRS) - Biodiversity Map overlay - 50 BTU Rd (Lot 50 DP 845277) Submission: One submission was received in relation to the NRS - Biodiversity Overlay on the property from a consultant on behalf of the landowner stating: • Have no objection to the acid sulphate soils class 5. • Object to the Sensitive area habitat corridor - no ground truthing.

Extract from the draft NRS- Biodiversity Map (draft SLEP2009 as exhibited)

50 BTU Road Nowra Hill Comment: This lot is currently zoned Rural 1(b) (Arterial and Main Road Protection) and Rural 1(d) (General Rural) in SLEP1985 and is zoned RU2 Rural Landscape and SP2 Infrastructure in draft SLEP2009 given the minor slithers that have been mapped on the property. As such it is proposed that the Natural Resource Sensitivity - Biodiversity overlay mapping be removed from the property. Recommendation 21: Remove the Natural Resource Sensitivity - Biodiversity overlay mapping from Lot 50 DP 845277 BTU Road Nowra Hill.


North Nowra

Issue 22: 135 McMahons Road General Submission: One submission was received in relation to 135 McMahons Road North Nowra indicating they were pleased with the proposed zoning. Comment: This lot is zoned Residential 2(a1) in SLEP 1985 and is proposed to be zoned R2 Low Density Residential in drat SLEP 2009. Support for draft SLEP2009 is noted. Recommendation 22: That the submission in relation to 135 McMahons Road be received for information. Issue 23: R3 Medium Density Zoning - Illaroo Road Submission: One submission objected to the R3 Medium Density zoning on Illaroo Road due to: • Traffic • Lack of facilities/service • Existing shopping facilities not able to expand • Not a best fit transfer.

Extract from SLEP 1985 - Existing zones - Illaroo Road, North Nowra


Extract from draft Land Zoning Maps (draft SLEP 2009 as exhibited), Illaroo Road North Nowra

Comment: This land is zoned Residential 2(a1) in SLEP 1985 and has been zoned R3 Medium Density Residential in draft SLEP 2009 consistent with the Structure Plan which identified the need to encourage medium density housing within close proximity to commercial centres and specifically identified this area. It is acknowledged that there are some constraints in regard to traffic with a single crossing of the Shoalhaven River. The Structure Plan also supports future road network upgrades. The shopping centre has potential for redevelopment to provide additional services for the community if required. Any future development application lodged for a multi unit dwelling development will need to consider relevant matters, including traffic. Recommendation 23: Retain the R3 Medium Density Residential zone at Illaroo Road, North Nowra as exhibited in draft SLEP 2009, consistent with the Structure Plan. Issue 24: 170 McMahons Road - Lot 2 DP 602736 Submission: One submission was received from the owner of the property requesting one of two options: 1. If the SP2 zoning remains then the land be immediately acquired. 2. Change the zoning of the E2 section to R1.

Extract from SLEP 1985 - Existing zones - 170 McMahons Road, North Nowra, Lot 2 DP 602736


Extract from draft Land Zoning map (draft SLEP 2009 as exhibited)

170 McMahons Road, North Nowra, Lot 2 DP 602736 Comment: This Committee considered the issue of the proposed Nowra-Bomaderry Western Bypass on 17 April 2012 and it was then resolved by Council as follows:

a) Retain the R1 General Residential zone over Lot 109 DP 3060, Lot 7312 DP 1153421, Lot 152 DP 751258 and Lots 7325 & 7326 DP 1161962, as exhibited in Draft Shoalhaven SLEP 2009.

b) Retain the proposed Western Bypass alignment, as exhibited in draft Shoalhaven SLEP 2009.

c) Continue the dialogue with Roads & Maritime Services to ensure they commit to being the acquisition authority for the future Western Bypass.

The proposed zones are consistent with the adopted “ground rules” and the endorsed NBSP. The proposed Western Bypass is a future major infrastructure project that affects many individually owned parcels of land. Considerable strategic planning work, including detailed traffic design and assessment, has gone into determining this alignment, and is a key component of the NBSP and future urban land release. Several submissions supported this option, including the RMS (formerly RTA) submission. Land acquisition is a future consideration and at this stage the Nowra Western Bypass alignment is not included on the draft SLEP 2009 acquisition overlay map. The request to rezone the part/s of the subject lot zoned E2 Environment Conservation to R1 General Residential could not be supported as the lot is highly vegetated and there is no strategic justification for the zoning.

Recommendation 24: That the submission in relation to 170 McMahons Road, North Nowra be received for information.


Issue 25: Former North Nowra tip - Lot 7313 DP 1153421 Motorsport activities Two submissions were received in relation to Lot 7313 DP 11543421 and its future uses. General Submission: One submission was received objecting to the zoning prohibiting motor sports. The other urged Council to finalise zoning and associated access for dedicated recreational purposes.

Extract from SLEP 1985 - Existing zones - Lot 7313 DP 1153421

Extract from draft Land Zoning map (draft SLEP 2009 as exhibited) - Lot 7313 DP 1153421

Comment: This land is zoned Residential 2(c) in SLEP 1985 and proposed E2 Environmental Conservation in draft SLEP 2009. “Recreation facilities (outdoor)” are a prohibited land use in the proposed E2 zone. The Structure Plan recognised the environmental value of the land and its setting. As a result it was given an E2 zone. If a strategic and detailed project justification arises in the future for a motorsports facility, Council could deal with this as a separate planning proposal. Recreation areas are permissible in the E2 zoning. The following options are available to consider this matter at this point in the process: 1) Do Nothing and receive the submission for information. This would leave the current

draft E2 zone on place and a future motorsport facility could be considered via a Planning Proposal (rezoning).

2) Change the zone to RE1. This would make “recreation facilities (outdoor)”

permissible with consent and the zone also reflects the public ownership of the site.


3) Add the matter to the list of tasks to be considered at the conclusion of the draft LEP2009. Thus would mean the E2 zone would remain in place and the rezoning of the site would be considered via a subsequent stand alone amendment to the LEP in the future.

Recommendation 25: That Council adopt option 1, 2 or 3 above.

Issue 26: Lot size and future subdivision in North Nowra Submission: One submission was received relating to lot size and subdivision in North Nowra. The submission raised concern with the changes to lot sizes, - currently average block 700sqm and this will change to 500sqm. Also concerned with nine new subdivisions in North Nowra - roads cannot take it and infrastructure issues. Comment: The minimum lot sizes mapped in the draft SLEP are based on current existing standards. The actual size of lots resulting from subdivisions are determined by various factors and are subject to the development application process. Previous subdivision consents are not relevant to this SLEP process. The overall road issue is acknowledged and Council is continuing to attempt to resolve the North Nowra access issue separate to the SLEP process. Recommendation 26: That the submission in regard to minimum lot sizes and future subdivision concerns in North Nowra be received for information.

South Nowra

Issue 27: “Green Orchid Subdivision” - Lot 121 DP1119449, Old Southern Road. Submission: One submission was received from a consultant (on behalf of the owner) in relation to the NRS - Biodiversity (Significant Vegetation) overlay map on the above site and requested its removal.


Extract from the draft NRS-Biodiversity (Significant Vegetation) map

(draft SLEP 2009 as exhibited) - Lot 121 DP1119449

Extract of existing Cadastre Map SLEP1985

Comment: This request is supported as there is an existing subdivision consent (SF 9181) over the site and the land has been approved to be cleared as part of the subdivision consent. Recommendation 27 That Council remove the NRS - Biodiversity (Significant Vegetation) mapping on Lot 121 DP 1119449. Issue 28: NRS - Water Overlay map - 18 Jellicoe Street, Lot 28 DP 19407 General Submission: One submission was received in relation to the NRS - water mapping on the above site requesting the map be modified to remove the overlay from the subject site.

Extract from draft NRS - Water Maps (draft SLEP 2009 as exhibited)


Comment: The NRS - Water map overlay data is provided by the Office of Heritage and Environment and in this case the creek shows a category 2 waterway affecting the property. Riparian mapping information is indicative only and any future development application will need to consider the relevant clause. Therefore it is recommended that the NRS - Water map overlay be retained as exhibited. Recommendation 28 That the submission in relation to NRS - Water Overlay map for 18 Jellicoe Street, South Nowra be received for information. Issue 29: Flinders Estate and South Nowra Submission: One submission was received raising concerns with the zoning for Flinders Estate and South Nowra - vested interests are influencing the zoning of these areas to the continuing detriment of the Nowra CBD. Comment: The Nowra Bomaderry area was determined to have a deficit of future industrial zoned land as part of the NBSP. The additional industrial zoned land at South Nowra is consistent with the Structure Plan.

Recommendation 29 That the submission regarding Flinders Estate and South Nowra be received for information. Issue 30: Future Industrial Land Economic Development Unit (Internal): One submission was received from Economic Development Unit requesting that the area bounded by BTU Road, Nowra Hill Road & the Bypass Corridor be highlighted now as a future Business/Industrial zone.

Comment: Long term planning, especially for employment lands, is crucial to strategic planning. However at this stage there is no strategic justification to support the request and it is inconsistent with the NBSP. Future strategic planning will consider this issue, which may have longer term merit. Recommendation 30 That the submission in regard to future industrial lands in South Nowra be received for Information.


Issue 31: Lot 1 DP 860791, 92 Albatross Road City Services and Operations (Internal): One internal submission was received from City Services and Operations, suggesting that the SP2 Emergency Services zone is not appropriate for the proposed mixed use on the site.

Extract from draft Land Zoning map (draft SLEP 2009 as exhibited)

92 Albatross Road, Lot 1 DP 86079 Comment: The subject land is Council owned land (Emergency Services Centre) and proposed to be zoned SP2 in draft SLEP 2009. To be consistent with the Department of Planning and Infrastructure’s advice reading the use and application of the SP2 zones the land could be zoned as per the zoning of the primary adjoining land, which in this case is RU3 Forestry or RE1 Public Recreation. The emergency services land use is permissible in either of these zones but the land use on the site is not consistent with the objectives of either of these zones. Therefore the most appropriate zone is still SP2. Council has been finalising a master plan for the site to allow a wider range of related and/or complimentary uses such as ambulance, police rescue, surf lifesaving administration headquarters and the like. The master plan also provides for the reconfiguration and expansion of the existing RFS and SES operations onsite. As such it is considered appropriate that the SP2 label be reviewed to provide for the wider range of uses being considered. At present the exhibited SP2 label is “Emergency Services Facilities”. It is recommended that the label be revised to a suitable one that facilitates the range of uses proposed under the master plan. Recommendation 31 That Council revise the SP2 zone label for Lot 1 DP 860791, 92 Albatross Road to facilitate the range of use envisaged by the site master plan . Issue 32: Lot 1 DP 585577 - Princes Highway Submission: One internal submission was received from Economic Development Unit relating to the zoning of the subject site. Lot 1 DP 585577 (Princes Highway, Comberton) should be SP1 or SP2 rather than RU2 (Electricity Infrastructure site).


Comment: This site is owned by Endeavour Energy who did not make a submission in relation to this parcel of land. The site is currently zoned Rural 1(b) in SLEP 1985 so the RU2 zone is the ‘best fit’ transfer and is consistent with State Government’s approach to zoning for infrastructure, which states that if the infrastructure SEPP covers the use it should be zoned as per adjoining land. Therefore the exhibited zone is considered appropriate. Recommendation 32: That the submission in relation to Lot 1 DP 585577 Princes Highway, South Nowra be received for information. Resourcing Implications - Financial, Assets, Workforce: To date considerable staff (workforce) time has been, and will continue to be prioritised on this project. Community, Environment (ESD), Economic and Governance Impact: The exhibition process allowed for extensive community comment on this aspect of the SLEP and for concerns to be raised. The submission received have been summarised and are outlined in this report. The draft SLEP will be re-exhibited to give opportunity for further community feedback in relation to any changes made during this stage of the draft SLEP process. CONCLUSION The community and other stakeholder interest in these site specific and area specific issues is evident from the submissions received and the content of those submissions. The recommendations provided in the report attempt to respond to the key issues raised in the submissions, whilst balancing the need to ensure consistency with Council’s ground rules and the Stand SLEP Instrument, at the same item as achieving sound strategic planning outcomes where possible.

Peter Adams DIRECTOR, STRATEGIC PLANNING AND INFRASTRUCTURE R.D Pigg GENERAL MANAGER

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