1.
Why must the LEP be put in place before a local Place Statement
is discussed and agreed by residents?
Discussion: Ideally there should
be a Place Statement for Tuross Head developed with full community
consultation. The Draft LEP could then reflect that plan in areas
such as height restrictions, densities and ecological considerations.
Council promised they would carry
out consultation with Tuross Head community for the development
of a Place Statement before doing the LEP. This certainly seemed
the correct order in which to do things but it never happened!
Answer:
LEP before Place Statements
•Local Environmental Plan statutory requirement under the
Act-provides zoning and development standards and local provisions
•Development Control Plans provide additional controls for
development that cannot be contained in the LEP
•Place statements provide a vision about the character of
an area -used to inform assessment of development applications
2.
Why is it called an Local Environmental Plan?
Why isn't there a definition for the word Environment in the LEP
list of definitions?
Answer::
Statutory definitions
•Section 5 of the Environmental Planning and Assessment
Act 1979 defines:
–“local environmental planmeans a plan made by the
Minister under section 70 that is in force
–“environmentincludes all aspects of the surroundings
of humans, whether affecting any human as an individual or in
his or her social groupings.”
•Local environmental plans are prepared by councils in accordance
with Act and Government Policy to guide planning decisions for
local government areas. Through zoning and development controls,
they allow councils to supervise the ways in which land is used.
3.
What are the expected financial benefits of the LEP under the
State Template and who benefits most from this Plan? The State
or ratepayers?
Answer:
•Financial benefits
will exist throughout the Shire and beyond via:
–Industrial development (additional land at Moruya and Dalmeny)
–Residential subdivision and development
–Commercial development
–Tourism development
–Job creation and growth
•This is facilitated through managed land release, increase
building density in strategic areas, and the sustainable management
of the environment
4.
What are the repercussions to Eurobodalla Shire Council if it
decides not to endorse the Draft LEP?
Answer:
•The Minister for Planning
can:
–direct Council to complete its LEP within a specified timeframe
and process which may use JRPP instead of Council (not Council
decision)
–or complete the LEP for Council through the DoP and JRPP
(not Council decision)
5.
Exactly who decided that the proposed subdivision at the bottom
of Anderson Avenue should now have a minimum area of 1500m2 especially
in light of their being an active Development Application on this
land?
Draft LEP Section 1.8a.1 of the
Draft LEP states:
If a development application has
been made before the commencement of this Plan in relation to
land to which this Plan applies and the application has not been
finally determined before that commencement, the application must
be determined as if this Plan had been exhibited but had not commenced.
This also seems to go contrary to
the Draft LEP Clause (in red authored by ESC) :
Part 4.1 Minimum subdivision lot
size [optional]
(1) The objectives of this clause are as follows:
(a) to ensure that subdivision reflects
and reinforces the predominant
subdivision pattern of the area,
(b) to ensure lot sizes and dimensions are able to accommodate
development consistent with relevant development controls,
(c) to ensure that subdivision promotes effective land management
practices and infrastructure provision .
Answer:
Mapping anomaly i.e. lot size
information not transferred correctly into the map
•The minimum lot size for this land should be 600m2, not
1500m2.
•To be corrected as part of the recommendations in the report
on the final LEP to Council post exhibition.
6.
Exactly who decided that the height of 11.5m be applied to the
R3 Zone adjacent to Tuross Blvde and Evans Road ?
In the Draft LEP 4.3 Height of buildings
is listed as [optional]
Clause 4.3. 1 (in Red) is authored by Eurobodalla Shire Council
The objectives of this clause are as follows:
(a) to ensure that buildings are
compatible with the height, bulk and scale
of the existing and desired future character of the locality.
(b) to minimise visual impact, disruption of views, loss of privacy
and loss
of solar access to existing development,
Under the draft LEP the Proposed R3 Medium Density Residential
Zone is identified as being in the area along Tuross Blvde between
Hawkins and Island View and along Evans Road on its eastern side
to he shops and can be seen in this
map
THPA requests that this
be reduced to I: 8.5m. The Community successfully applied for
similar reduction in height for the Urban LEP 1999 and the same
reasons apply, i.e. with the “amphitheatre effect of the
rising of land from the shopping centre area up to Hector McWilliam
Drive, building along the ocean frontage area at that increased
height would look totally out of place and hinder views. The Tuross
community generally speaking seem quite happy to have a low-key
built environment and allow the magnificent surrounding scenery
of ocean, lakes & mountains to dominate.
Answer:
Heights established in response to directions
in the ESS -Tuross identified as a large neighbourhood village
(B2 and R3 zonings)
•ESS (ED4) apply maximum floor areas and heights to retail
and commercial development in the new LEP
•ESS (ED6) increase housing density in areas immediately
adjacent to commercial centres to address choice, affordability
and aged care needs
•Council staff will review all submissions received about
provisions in the LEP and make a recommendation for Council consideration
at workshop and preparation of the revised draft LEP
7.
Based on strong objection in 1996 will ESC accept the Tuross Community's
desire to see this R3 area continues to be restricted to a building
height of 8.5m?
Answer:
Heights established in response to directions
in the ESS -Tuross identified as a large neighbourhood village
(B2 and R3 zonings)
•ESS (ED4) apply maximum floor areas and heights to retail
and commercial development in the new LEP
•ESS (ED6) increase housing density in areas immediately
adjacent to commercial centres to address choice, affordability
and aged care needs
•Council staff will review all submissions received about
provisions in the LEP and make a recommendation for Council consideration
at workshop and preparation of the revised draft LEP
8.
The Kyla Recreational area is zoned RE1. Under that zoning will
the Tuross Community be allowed to establish not-for-profit community
gardens (organised by by a sub-committee of the Tuross Head Progress
Association) and be able to hold weekly market tables for the
sale of their produce?
Answer:
Yes under the proposed RE1 zoning community
gardens and markets are permissible with consent
9.
Under RE2 the Draft LEP map identifies the area of the the Tuross
Boatsheds. The text for "permissable with consent" within
this Zone does not include accommodation yet there is presently
a home in this Zoning with the possible intent of three more.
Will future residential housing allowed in this Zone?
RE2 Permitted with consent
Boat launching ramps; Boat sheds; Building identification signs;
Business identification signs; Car parks; Caravan parks; Charter
and tourism boating facilities; Child care centres; Community
facilities; Emergency services facilities; Environmental facilities;
Function centres; Information and
education facilities; Jetties; Kiosks; Marinas; Moorings; Recreation
areas; Recreation facilities (indoor); Recreation facilities (major);
Recreation
facilities (outdoor); Registered clubs; Research station; Restaurants;
Roads
Prohibited
Any development not specified in item 2 or 3
Answer:
Current 6c1 zoning provides „dwelling
houses normally ancillary to other permissible development carried
out on the same land?
•The LEP does not include ancillary development in the land
use tables as they have the same consent requirements as the principal
use
•Where it can be demonstrated that a „dwelling house?
is ancillary to the principal use and all other assessment criteria
is satisfied, consent can be granted for a dwelling house on this
land
10.Why
hasn't there been a Place Statement developed (in consultation
with Tuross residents) for Tuross Head that clearly describes
the parameters of Cultural and aesthetic values such as the Old
section of Tuross Head?
Under the Draft LEPs Zone E2 Environmental Conservation
describes the Objectives of the zone as being
• To protect, manage and restore areas of high ecological,
scientific, cultural or aesthetic values.
• To prevent development that could destroy, damage or otherwise
have an adverse effect on those values.
Answer:
LEP before Place Statements
•Local Environmental Plan statutory requirement under the
Act-provides zoning and development standards and local provisions
•Development Control Plans provide additional controls for
development that cannot be contained in the LEP
•Place statements provide a vision about the character of
an area -used to inform assessment of development applications
11.
The Tuross Head Progress Hall is classified as a heritage item.
Will the Heritage Bill of June 2009 allow the Planning Minister
to overturn this listing to allow the reclassified land to be
sold unencumberd by a heritage listing? Would that be Councils
recommendation?
Answer:
•Heritage Bill 2009
by and large deals with listing of and delisting of State Heritage
Items, Heritage Council composition and Integrated Development,
plus some other minor issues
•The only change for Local Environmental Plans is proposed
via section 170B:
•Which enables a council to refer a submission about the
inclusion of an item as an item of heritage significance in a
proposed LEP to an independent hearing and assessment panel established
under the Planning Act.
12.
Could Council or Council Staff comment on the opinion of the Hon
Dr Gordon Moyes MLA in his statement regarding revised Heritage
Bill 2009 where he says:
" The laws will add more layers of red tape,
cost ratepayers millions of dollars to implement, take decisions
away from the local communities and impact upon councils’
ability to provide crucial services. As a result, there is a question
over the motivation of the Government’s changes to the planning
system. This legislation is being rushed through with disregard
to the views of communities, councils and other stakeholders,
who will have to live with the implications and the impact of
the changes."
Note that The
Heritage Bill 2009 now specifies that a heritage item can
be removed under Clause 38 (1) where:The Minister may, after considering
the recommendation of the
Heritage Council on the matter, direct the removal of a listing
from the State Heritage Register:
(a) if the Minister is of the opinion that the item is not of
State
heritage significance, or
(b) if the Minister is of the opinion that the long-term conservation
of the item is not necessary and that either or both of the following
apply to the item:
(i) the listing renders the item incapable of reasonable or economic
use,
(ii) the listing causes undue financial hardship to the owner,
mortgagee or lessee of the item or the land
on which the item is situated.:
Answer:
•Heritage Bill 2009
by and large deals with listing of and delisting of State Heritage
Items, Heritage Council composition and Integrated Development,
plus some other minor issues
•The only change for Local Environmental Plans is proposed
via section 170B:
•Which enables a council to refer a submission about the
inclusion of an item as an item of heritage significance in a
proposed LEP to an independent hearing and assessment panel established
under the Planning Act.
13.
Does the Eurobodalla Shire Council loose any aspect of its decision
making rights to the NSW State Planning Department?
14. At a recent Public meeting the Mayor indicated that an incorrect
zoning had been applied to his land however this has since been
resolved. Is it possible to resolve anomalies found in the Draft
LEP maps outside of the submission process?
Answer:
Staff are receiving submissions on the
LEP and also meeting with landowners about the proposed LEP zonings
and controls
•Also internal review process necessary given the time lapse
in preparation of draft LEP
•Any concerns should be provided in writing as a „request
for information? or a „formal submission? before 24 July
2009 –this can be done on line via Council?s website
•Changes to the plan will be recommended to Council-where
necessary and/or where supported by additional information
15.
With the Heritage Bill 2009 now passed, what effect will that
revision have on the content of the Draft LEP template being all
of the text in black under Clause 5.10?
Answer:
•Heritage Bill 2009
by and large deals with listing of and delisting of State Heritage
Items, Heritage Council composition and Integrated Development,
plus some other minor issues
•The only change for Local Environmental Plans is proposed
via section 170B:
•Which enables a council to refer a submission about the
inclusion of an item as an item of heritage significance in a
proposed LEP to an independent hearing and assessment panel established
under the Planning Act.
16.
If the Coila Foreshore from Anderson Avenue to Coila Bar is mapped
as Endangered
Ecological Community why is it that Council has this as a
Dogs off leash excercise area? Will this classification bring
a restriction to having dogs of leash in this foreshore area?
Answer:
The mapping of endangered ecological community in the Biodiversity
Lands Map in the LEP does not introduce prohibitions on land use.It
is a consideration for new development only, as currently exists
or occurs
•The issue of Dogs Off and On Lease areas falls outside
the LEP.
17.
How is it that a 2 acre property in the old section of Tuross
has been identified as Extant Native Vegetation in the Biodiversity
Maps when it is a home garden comprised primarily of exotics
and noxious plants?
The Biodiverity Maps identify and all land identified
affected by the map is then constrained by Development consents
that will require thousands of dollars to undertake a Biodiversity
Study to satisfy Clause 6.3.4.
Please note: Defintion of Extant: Adjective 1.
Still in existence; not extinct or destroyed or lost. - Antonym:
extinct (adj)
This definition implies that the "native vegetation"
has always been on this block. Please view this
photo for clear evidence that there was no native vegetation
on this block in 1933 and that since that date the garden was
planted with exotics.
Answer:
The Biodiversity Land Maps are comprised
of extant (or existing) native vegetation; derived from vegetative
cover mapped from 2006 orthorectifed aerial photographs together
with Endangered Ecological Community distribution; derived from
existing vegetation datasets and field based floristic sampling.
•In urban areas it is quite possible that heavily vegetated
„gardens? have been picked up as existing vegetation.The
specific example mentioned has been reported to Council staff
and will be dealt with by amending the mapping post inspection.
•The Biodiversity Land Maps will be reviewed in residential
areas.
18.
Who exactly defined the boundary edges of the Biodiversity Maps
in Tuross Head. Are these boundaries able to be adjusted so as
to NOT include residential lots?
Does this question the need to see a ground truthing
of Councils biodiversity maps in Urban areas.
Answer:
The Biodiversity Land Maps are comprised
of extant (or existing) native vegetation; derived from vegetative
cover mapped from 2006 orthorectifed aerial photographs together
with Endangered Ecological Community distribution; derived from
existing vegetation datasets and field based floristic sampling.
•In urban areas it is quite possible that heavily vegetated
„gardens? have been picked up as existing vegetation.The
specific example mentioned has been reported to Council staff
and will be dealt with by amending the mapping post inspection.
•The Biodiversity Land Maps will be reviewed in residential
areas.
19.
Under Schedule 2 Exempt development - Signs what happens in the
case of multiple Agents listing the one property or the need to
place two panels facing in opposite directions for the passing
traffic?
Schedule 2 Exempt development
Real estate signs (advertising premises or land for sale or rent)
in residential or rural zones
(1) Must meet the general requirements for advertisements.
(2) Maximum area – 2.5m2.
(3) Must not be illuminated or flashing.
(4) Maximum one sign per premises.
Answer:
Exempt development caters for development
with minimal environmental impact
•Signage: where the exemptions are not met a development
application must be lodged with Council
•Outdoor Lighting: refers to lighting used on rural residential,
commercial, industrial properties eg security, garden, ornamental
lighting
•State Environmental Planning Policy (Exempt and Complying
Codes) 2008 overrides Council?s LEP provisions
20.
Why is it that under Signs – real estate signs (advertising
premises or land for sale or rent) in business or industrial zones
signs : (3) Must be located wholly within the property boundary
yet in Residential this constraint is not considered?
Answer:
Exempt development caters for development
with minimal environmental impact
•Signage: where the exemptions are not met a development
application must be lodged with Council
•Outdoor Lighting: refers to lighting used on rural residential,
commercial, industrial properties eg security, garden, ornamental
lighting
•State Environmental Planning Policy (Exempt and Complying
Codes) 2008 overrides Council?s LEP provisions
21.
What does Council mean in its Schedule 2 (1) - Outdoor lighting
that reads: Must not be for the lighting of tennis courts or sports
fields?
Answer:
Exempt development caters for development
with minimal environmental impact
•Signage: where the exemptions are not met a development
application must be lodged with Council
•Outdoor Lighting: refers to lighting used on rural residential,
commercial, industrial properties eg security, garden, ornamental
lighting
•State Environmental Planning Policy (Exempt and Complying
Codes) 2008 overrides Council?s LEP provisions
22.
Schedule 4 Classification and reclassification of public land
identifies two parcels of Community Land in Tuross that Council
wishes to reclassify to Operational Land from Community Land being:.
Trafalgar
Road, Tuross Head Part Lot 27 DP 232394
1 Jutland Avenue, Tuross Head. Lot 131 DP 15425
Will the approved LEP automatically reclassify these parcels or
is Council still bound to undertake a specific report to Council
on each seeking public consultation?
Answer:
The LEP proposes to reclassify sixteen
(16) parcels of public land from Community land to Operational
land
•A public hearing into the reclassification of land as required
by section 29 of the Local Government Act 1993 will be held Thursday
30 July 2009 at 5pm
•Council will appoint an independent party to preside at
the hearing
•Interested members of the public are invited to attend
23.
Can Council inform the community as to why it wishes to use the
proposed LEP to change the classification of these two properties
rather than to wait for a more appropriate time and simply put
up a specific report as they have done in the past?
Answer:
The LEP proposes to reclassify sixteen
(16) parcels of public land from Community land to Operational
land
•A public hearing into the reclassification of land as required
by section 29 of the Local Government Act 1993 will be held Thursday
30 July 2009 at 5pm
•Council will appoint an independent party to preside at
the hearing
•Interested members of the public are invited to attend
24.
The Tuross Head Kyla Park Grazing Lands are listed under Schedule
5 Environmental heritage of the Draft LEP. With the shift in power
now going to the Planning Minister as a result of the Heritage
Act 2009 are these Grazing lots in any peril of loosing their
Historic status which has been instrumental in ensuring they remain
a community asset?
Answer:
•Heritage Bill 2009
by and large deals with listing of and delisting of State Heritage
Items, Heritage Council composition and Integrated Development,
plus some other minor issues
•The only change for Local Environmental Plans is proposed
via section 170B:
•Which enables a council to refer a submission about the
inclusion of an item as an item of heritage significance in a
proposed LEP to an independent hearing and assessment panel established
under the Planning Act.
25.
Exactly what line of thought determined that blocks of land adjacent
to Monash Ave/Chauvel Cres be restricted to Lot size U of 1500m2
whilst other lots in Chauvel Cres were left as 600m2 ?
Answer:
Mapping anomaly i.e. lot size
information not transferred correctly into the map
•The minimum lot size for this land should be 600m2, not
1500m2.
•To be corrected as part of the recommendations in the report
on the final LEP to Council post exhibition.
26.
Natural water-based aquaculture permitted in Tuross waterways.
A proposal for a prawn farm in sectioned off area of Coila Lake
(1990) did not go ahead because of numerous local concerns (artificial
feeding of the prawns could have dangerous impact on water quality
in lake, alienation of those carrying out traditional commercial
and recreational prawning and of those using the lake for water
sports, visual impact of prawn processing activities, etc.) A
clause was inserted in the Urban LEP 1999 stating that no aquaculture
would take place in Coila Lake or other ICOLLS in the Shire.
Definition of “natural water-based aquaculture” does
not make it clear that no artificial feeding would take place.
Can the clause in the Urban Plan 1999 be reinforced ?
Answer:
Tuross Lake is zoned W1 Natural Waterways
–mandatory objectives include:
–“To protect the ecological and scenic values of natural
waterways”
–“To prevent development that would have an adverse
effect on the natural values of waterways in the zone”
–“To provide for sustainable fishing industries and
recreational fishing”
•Natural water based aquaculture is permitted with consent
in W1 zone
27.
RE1 zone – many public reserves are in urban areas but are
natural bushland or natural foreshores. Considering the Riparian
and Wetland mapping around Tuross, and strategies in the Estuary
Management Plan to rehabilitate foreshores and revegetate where
necessary, the RE1 zone does not appear to cover the management
requirements for many of these reserves. We are very pleased to
see the 4th dot point referring to the need to manage RE1 according
to any plan of management. However, many reserves are inadequately
protected under a generic plan of management.
a) Are there any other zones which could be applied to some public
reserves where only passive recreation would be appropriate and
conservation management is more important?
b) If not, we would like to see some commitment noted in the Plan
that Council will carry out further work to determine better protection
under the LEP for those areas mentioned in (a) above.
Answer:
The existing public open space
zone 6a1 has been generally transferred across into the new LEP
as RE1
•Council is currently preparing a Biodiversity Strategy
and Open Space and Recreation Strategy which examine these lands
•The recommendations of these strategies will be used to
inform the LEP review (3-5 years) and justify zoning changes to
these lands where appropriate