ENVIRONMENTAL SERVICES AND PLANNING DIRECTOR’S

REPORT TO COUNCIL

PART I

DIRECTOR OF ENVIRONMENTAL SERVICES AND PLANNING SUPPLEMENTARY REPORT TO COUNCIL – PART I

CLAUSE 1 – DRAFT FORBES LOCAL ENVIRONMENTAL PLAN 2012 AND DRAFT FORBES DEVELOPMENT CONTROL PLAN 2012

As Council would be aware Forbes Shire Council has been progressively working through the process to review and update the Forbes LEP & DCP in accordance with the State Governments Planning Reform Program.

Council has recently conducted two exhibitions of the Draft Forbes Local Environmental Plan 2012 and Draft Development Control Plan 2012. The original exhibition period was conducted from 20 April 2012 to 21 May 2012. Some 39 submissions were received by Council.

A summary of the submissions received, comments made and a response to the issues raised is provided in Attachment 1 to this report.

In response to a number of submissions received Council met with the Department of Planning on Tuesday 29th May 2012 to discuss the progression of the Draft LEP in particular including the Departments request for further information on the Bathurst Street, River Road and Lachlan Vintage Village areas and perspective amendments following the initial public exhibition.

The public submissions and discussions with the Department of Planning called for the following rezoning modifications:

  1. Land bounded by Newell Highway, Landrace Road, Hereford Street and Wyndham Avenue:

ExistingZone:2(b) Special Home Activities Zone,

Initial Proposal:IN2 – Light industrial rezoning.

Modified Proposal:R5 – Large Lot Residential.

  1. Land bounded by Landrace Road, Hereford Street and Charolais Street:

Existing Zoning:4 (a) Industrial Zone,

Initial Proposal:RU1 Rural rezoning.

Modified Proposal: R5 – Large Lot Residential.

  1. Former Service Station and existing motel Newell Highway:

Existing Zoning:3(a) Commercial zone,

Initial Proposal:SP3 – Tourist zone.

Modified ProposalB5 – Business Development.

  1. Sam Street – current 2 (b) section:

Existing Zoning:2(b) Special Home Activities Zone,

Initial Proposal:IN2 – Light Industrial zone.

Modified Proposal:R5 – Large Lot Residential.

  1. Permitting with development consent in the B5 Business Development Zone:

shops and light industries

  1. Bathurst Street:

Existing Zoning:2(a) Residential

Initial Proposal:RU1 Rural

Modified Proposal:R1 Residential

  1. Young Street (Western Side) Between Regent & Berkley Street identified and Low Hazard Flood Storage

Existing Zoning:5(a) Special Use – Lachlan Vintage Village

Initial Proposal:R5 Large Lot Residential

Modified ProposalR1 Residential

  1. Changing the Lot Size Map for the proposed R5 – Large Lot Residential Zone to permit the construction of dwellings on lots no less than 4,000m2 where the lot is sewered, and no less than 1 HA where the lot is to be provided with an onsite effluent system.

To introduce the suggested amendments into the current LEP these modifications occasioned the re-exhibition of the Draft LEP and DCP. The re-exhibition was conducted from 1 June to 15 June 2012 and included individual letters to all affected land owners and landowners adjoining these areas. 30 submissions were received from the re-exhibition process.

A summary of the submissions received, comments made and a response to the issues raised to the second exhibition is provided in Attachment 2 to this report.

In order to address the concerns raised in the Section 65 Certificate in relation to the Bathurst Street, River Road and Lachlan Vintage Village Areas Council was required to liaise further with the NSW Government Department of Environment and Climate Change in regard to sensitivity mapping of potential flood impacts and NSW Government Office of Water in relation to potential impacts upon ground water. Letters have been sent to these respective government agencies indicating the Councils position as follows

  1. Department of Environment and Climate Change

Council has been asked to undertake a sensitivity analysis of the hydraulic impacts to determine the feasibility of development below the 1:100 year flood level

Plans provided indicate R1 - Residential development at the former Lachlan Vintage site not to be below the 1:100 year flood level hence there will be no flood impact.

R5 – Large Lot Residential development to a minimum of 2 ha is proposed in the remainder of the Lachlan Vintage Village site, River Road and Bathurst Street areas, the maximum yield for future potential dwellings is as follows:

Lachlan Vintage Village 73ha- 15 Lots

River Road 241.5ha-27 Additional Lots

8 Existing Lots with new dwelling entitlements

Bathurst Street 435ha -58 Additional Lots

This equates to 100 new dwellings across approximately 750ha of land.

In accordance with Councils Flood Management Plan each of these dwellings will need to located above the 1:100 year flood level, hence if each dwelling has a building platform estimated to be 500m2 a maximum of 5 ha of land will be taken out of the flood level. With regard to the respective areas 5ha of the total 750ha equates to 0.67%. When this portion of land is considered across a flood plain in excess of 5km wide and thousands of ha in area the actual displacement of water will be negligible. In addition the flood characteristics in Forbes are characterized by relative shallow slow moving waters with lead times in excess of 5 days.

Further, no additional development will be permitted within areas of “High Flood Hazard” identification. Hence Council considers that the sensitivity of the proposed development in terms of flood impact to be minimal and the proposed development consistent with the parameters for development not strictly in accordance with S117 Ministerial Direction 4.3 – Flood Prone Land.

Additional requirements are to be imposed in Councils Development Control Plan to ensure development is controlled in accordance with the requirements prescribed by Council.

  1. Office of Water

Council has been asked to analyse ground water vulnerability issues. In acknowledgement of the identification of these areas as being located in areas of High ground water vulnerability Council will require that any future residential or rural residential development within these areas be connected to reticulated sewer and water schemes. In the Large Lot Residential areas to make this provision economically feasible this will be achieved via individual provision of “E-One” pump systems feeding into the Council reticulated sewer main. In addition it is proposed that restrictions be placed upon the title of new allotments via Section 88B Instruments prohibiting access to ground water extraction.

These requirements are to be imposed in Councils Development Control Plan.

The Department of Planning have advised where such issues cannot be resolved they will be required to consider the matter in its assessment of the Section 68 submission in order to achieve a resolution.

In accordance with relevant statutory requirements to progress with the preparation of the draft LEP Council needs to consider submissions and resolve to proceed with the DLEP in its current or an amended from and prepare a Section 68 report in accordance with the Environmental Planning and Assessment Act, 1979 (as amended) submitted requesting to the Department of Planning to submit the DLEP to the Minister that the LEP be made.

RECOMMENDATION

That Council

1. Adopt the Draft Forbes Local Environmental Plan 2012 and proceed to submit a submission under Section 68 of the Environmental Planning and Assessment Act 1979 (as amended) requesting that the Minister make the Draft Forbes Local Environmental Plan 2012 subject to the following amendments resulting from issues raised in submissions.

(a)Land bounded by Newell Highway, Landrace Road, Hereford Street and Wyndham Avenue be zoned R5 – Large Lot Residential with a minimum lot size for the construction of a dwelling of 4,000m²;

(b)Land bounded by Landrace Road, Hereford Street and Charolais Street be zoned R5 – large Lot Residential with a minimum lot size for the construction of a dwelling of 4,000m²;

(c)Former Service Station and Motel being Lot 13 DP 634665 & Lot 15 DP 1173663 Newell Highway be zoned B5 – Business Development; incorporating recent boundary adjustment;

(d)Permit with development consent within the B5 – Business Development Zone “Shops” and “Light Industries”;

(e)Sam Street former 2(b) Special Home Business Zone be zoned R5 – Large Lot Residential with a minimum lot size of 2000m². Land at 43 Sam Street being Lot 5 DP 263463 be added to this zone and land 6-8 Jones Street, being lots 969 & 1274 DP 750158 being deleted from this zone to be zoned IN2 Light Industrial;

(f)The Minimum Lot Size in the former 2(b) Special Home Activities Zone in Reymond Street be reduced to 1500m² for lots facing Reymond Street & College Road located North of Council’s park, with the remaining former 2(b) Special Home Activities Zone remaining at 4,000m²;

(g)Bathurst Street west of the Railway be zoned R1 – Residential with a minimum lot size for a dwelling of 550m;

(h)Young Street Low Hazard Flood Fringe Land adjoining Lachlan Vintage Village be zoned R1 – Residential with a minimum lot size for a dwelling of 1,000m²;

(i)Modifications to Clause 1.9A, 7.8 Heading to Schedule 5 and deletion of Note 2 be made as per Heritage Council recommendations;

(j)Sandhills Winery be correctly identified on the heritage map;

(k)15 William Street be deleted off the Heritage Listing to Schedule 5 and Mulyandry Creek Bridge be included;

(l)Mapping errors of DPI Forests and Aquatic Habitat Unit be made;

(m)Kiosks be permissible in the B5 – Business Development zone; and

(n)Land in the Farnell Street/Calarie Road area identified on Lot Size Map Sheet LSZ_005AA as Y – 1HA being altered to W – 4000m² to reflect the minimum lot size subject to connection to Council’s reticulated sewer system.

2.Council adopt Draft Forbes Development Control Plan 2012 to come into force following gazettal of Draft Forbes Local Environmental Plan 2012 subject to the following amendments:

(a)Minor clerical changes;

(b)Provide additional requirements for Shops within the B5 Business Development Zone;

(c)Update reference to the NSW Flood Plain Development Manual from 2001 to 2005;

3.Upon receipt include responses from NSW Government Department of Environment and Heritage in regard to sensitivity mapping of potential flood impacts and NSW Government of Office and Water in relation to potential impacts upon ground water for consideration in the Section 68 Report.

Paul Bennett

DIRECTOR
ENVIRONMENTAL SERVICES AND PLANNING

Attachment 1: Consideration of Submissions Exhibition 1

Number / Comment / Response
1 / We support smaller lot sizes in the Bathurst Street area the area is closely settled and a natural extension to the more urban area. The lots a too small for farming and people are seeking a quieter environment close to town. Have had a number of enquiries for building in this area / Noted. Council supports and has proposed Large Lot Residential Development with a minimum 2ha in the Low Flood Hazard area of the Bathurst Street area.
2 / Located in former 2(b) Special Home Activities Zone now proposed to become Large Lot Residential with a minimum lot size of 4,000m2. No blocks within in this zone comply with this new minimum. Previous advice that approved gallery could be subdivided off otherwise left with a white elephant. Recommend a more realistic minimum be established of 1500m2. / Concerns acknowledged and supported. Recommend 1500m2 lot size for the former 2(b) zone in this area to land fronting Reymond Street & College Road north of Councils park with the remainder of the previous 2(b) zone remaining at 4000m2.
3 / FLEP2012 has adopted standard heritage clauses however Note 2 should be deleted as it refers to Aboriginal Cultural Heritage Mapping that has not been prepared / Noted. Note 2 to be deleted.
Recommend that Clause 1.9A relating to the suspension of covenants and agreements be amended to not apply to heritage agreements under the Heritage Act 1970. / Agreed. Additional sub-clause to be inserted to reflect heritage agreements.
Recommend that Clause 7.8 applicable to earthworks be amended to include provision to require consideration of impacts upon heritage items / Agreed. Additional sub-clause to be inserted as recommended
Noted 5 State Heritage Listings are included in Schedule 5 – Heritage Listings
Heading for listings should include both State and Local Heritage Items / Noted. Heading to be amended as recommended
House/place names should not be repeated under address
Items listed as buildings should be more specific / Noted
Concern with blanket 17m height control in conservation area to preserve low scale character of predominantly 2 storey buildings / New development within the CBD has been to this height heritage impact to be considered in assessment process
4 / Strongly supports the inclusion of clauses 7.2 Riparian Land & Watercourses and 7.3 Wetlands and associated mapping. However there are a number of mapping errors:
Lachlan River upstream of Forbes, Lake Forbes/Toms Lagoon, Nellies Lagoon Ooma Creek, Red Creek, upstream Bundaburrah Creek & Joss Lagoon are omitted from mapping. Jemalong Range and hills north of Eugowra, Mulgutherie Mountain & the Seven Sisters Ridge are included in mapping.
Lake Cowal has been omitted from wetlands map. / This mapping has been provided to Council by the Department of Environment and Conservation. Council will liaise with the Department in respect of the identified inaccuracies.
The Department strongly objects to Roads as permitted without development consent as they are major constructions that generally require large scale ground disturbance and habitat modification, crossings of water ways fragment fish habitat and are a major source of sediment input. Recommended as permitted only with development consent to ensure adequate assessment process. / Roads have been mandated by the Department of Planning as permissible without development consent in the rural area.
5 / Objectives of B2 are to encourage walking and cycling, this will only be met if this is encouraged throughout all business, commercial and recreational zones. / Distance throughout Forbes is a prohibitive factor. The only other business/commercial zone B5 is remote from the B2 zone and located along the Newell Highway. Council has an extensive walking/bicycle network throughout the recreational area. Additional objectives are not considered necessary.
The objectives of B5 – Business Development is to maximize exposure to development along the Newell Highway. In the interests of protecting the States highways as safe and efficient high speed through roads it is requested that new business developments along this route be provided access via the local road network / Access is considered at DA stage. It is acknowledged that this is the Departments long time preferred position.
Suggests the inclusion of Mulyandry Creek Bridge on the Local Heritage register as it is identified on the RMS heritage register. / Mulyandry Creek Bridge to be added to heritage schedule.
6 / Owner of Lot 1319, 1320 & 67 & 68 DP750158 adversely affected by the draft LEP & DCP and have not received any correspondence nor engaged in any community consultation. Request the following changes / Progression of the DLEP to this stage has taken some 5 years and included numerous exhibition and community consultation processes.
Retain the current 40ha minimum for the 1A Rural zone and re-establish dwelling entitlements / The rural minimum lot size and dwelling entitlements has been the subject of extensive negotiation between the community, Council and the Department of Planning to reach the adopted 200ha minimum for the dryland agricultural area, 40ha for irrigated agriculture and 100ha in the Jemalong/Wydles Plains irrigation district to establish dwelling entitlements contained in the DLEP.
Should Council persist with designating varying lot sizes zone northern side of Escort Way from Littles Road to Forbes Township 40ha as land is supported by off-farm income which has not been factored into rural economic assessment in the Forbes Strategy / Off farm income was not a true reflection of viable agricultural enterprises promoted in the economic aspects of the Forbes Strategy as dictated by the Department of Primary Industries in its development of economic analysis.
Concessional allotments & dwelling entitlements have already been taken away and the Forbes LEP & DCP will further erode dwelling entitlements and legitimate rural pursuits on small farms. It is a poor policy decision and a backward step in the rural area / Clause 4.2B maintains dwelling entitlements to existing concessional allotments and approved allotments under FLEP1986 & Jemalong Interim Development Order. SEPP – Rural Land 2008 advocated the current Department of Planning approach to rural lands policy
The NSW Planning Department has not directed FSC to alter the minimum lot size but rather update with the Standard Instrument. The SEPP Rural Land 2008 allows Council to retain 40ha minimum / Justification is required to be provided in accordance with SEPP Rural Land 2008 to support the adopted rural minimum. There is little justification to support the retention of 40ha across the entire Forbes Shire. 40ha has been retained for irrigated lands (excluding Jemalong) to provide for intensive plant horticulture.
7 / Owner of Lot 1319, 1320 & 67 & 68 DP750158 adversely affected by the draft LEP & DCP and have not received any correspondence nor engaged in any community consultation. Request the following changes / Progression of the DLEP to this stage has taken some 5 years and included numerous exhibition and community consultation processes.
Subject Allotment has a dwelling entitlement and Council have issued development consent for the construction of a dwelling / Noted. Clause 4.2B maintains dwelling entitlements to approved subdivisions. The dwelling remains permissible in accordance with the existing development consent.
Concessional allotments & dwelling entitlements have already been taken away and the Forbes LEP & DCP will further erode dwelling entitlements and legitimate rural pursuits on small farms. It is a poor policy decision and a backward step in the rural area / Clause 4.2B maintains dwelling entitlements to existing concessional allotments and approved allotments under FLEP1986& Jemalong Interm Development Order. SEPP – Rural Land 2008 advocated the current Department of Planning approach to rural lands policy
The NSW Planning Department has not directed FSC to alter the minimum lot size but rather update with the Standard Instrument. The SEPP Rural Land 2008 allows Council to retain 40ha minimum / Justification is required to be provided in accordance with SEPP Rural Land 2008 to support the adopted rural minimum. There is little justification to support the retention of 40ha across the entire Forbes Shire. 40ha has been retained for irrigated lands (excluding Jemalong) to provide for intensive plant horticulture.
8 / Transferred the NSW Land & Housing Portfolio. Generally supports R1 – Residential zoning for social housing assets in the Forbes Shire. The wide range of permissible dwelling types will help facilitate a variety of dwelling types meeting a range of housing needs / Noted.