Lithgow Development Control Plan 2021 Amendment 1 – Chapter 9 ‘Pottery Estate’ Precinct.

The DCP will apply when making a development application for development consent on land within the Pottery Estate.

The site-specific planning controls of Chapter 9 apply to land shaded yellow in the Figure below:

These controls apply in addition to those generic controls in Lithgow Development Control Plan 2021.  In the event of any inconsistency between Chapter 9 “Pottery Estate Precinct” and requirements within Chapters 1-8 of the Lithgow Development Control Plan 2021, the provisions contained within the “Pottery Estate Precinct” prevail.

The Pottery Estate represents a development opportunity of a site located adjacent to the Valley Plaza and near the Lithgow town centre. It is well positioned to provide a mix of housing, employment, and retail services with access to public transport, the local and regional road network and existing services and facilities.

It is also a sensitive and complex site that requires appropriate and detailed planning to ensure future development does not result in poor development outcomes, risks to environmental and heritage values and lengthy future development assessment processes. This is typical of many post-industrial legacy sites.

The site-specific planning controls for the Pottery Estate Precinct contained within a Development Control Plan are required to satisfy Clause 7.12 of Lithgow Local Environmental Plan 2014 (LLEP2014).

The objectives of this clause are as follows:

(a)  to ensure that the development of land known as Pottery Estate is planned in an orderly manner and achieves appropriate built form,

(b) to ensure that the development has regard to the unique environmental constraints and opportunities of the land,

(c) to ensure that the development of this land is appropriately serviced.

The application of the clause and heads of consideration to be addressed are as follows:

Development consent must not be granted for development on land to which this clause applies unless the consent authority has taken into consideration a development control plan approved by the Council for that purpose that contains comprehensive provisions relating to, but not limited to:

 (a) the layout and design of both vehicular and pedestrian traffic through that land, and

(b) the need to integrate the mixed land uses of the land through appropriate design and buffers,

and

(c) minimising the impact of development on the heritage significance of the cultural landscape, including both the built and archaeological heritage items on the land and proposed means of conservation management, and 

(d) any areas of land that may need restrictions due to the impact of mine subsidence, slope, bush fire, flooding or inundation or any other identifiable hazard, and

(e) investigation and identification of any areas of land affected by contamination and the means to alleviate any risk of injury or harm, and

(f) stormwater and water quality management, and

(g) the conservation of natural watercourses, and

(h) the protection of any potential habitat of any identified threatened species of flora and fauna, in particular the Purple Copper Butterfly (Paralucia spinifera), and

(i) good design principles relating to building heights and setbacks, densities, materials, colours, form and scale, and

(j) the servicing of the land, and

(k) management of open space and public lands.

Development that:

• appropriately responds to historical assets, both above and below ground, and considers potential ongoing uses and management of the Pottery Estate buildings / archaeological relics.
• occurs sensitively in the context of the site’s natural constraints with consideration for existing watercourses, riparian corridors, and biodiversity characteristics.
• provides a variety of housing types to increase housing choice including provision of affordable rental housing and/or seniors housing.
• comprises a diverse built form that provides a high-quality living and working environment with appropriate regard to heritage assets.
• incorporates sustainability measures that reduce impacts on the natural environment.

It is not possible to plan or write controls for all development scenarios. The controls in this DCP have been designed to address common development types and scenarios. However, there will inevitably be situations where strict compliance with controls is not able to be achieved, and or alternate solutions are preferred.

In these cases, Council may vary a control but only where Council has considered a written request from the applicant that seeks to justify the departure by demonstrating:

• Compliance with the control within the DCP is unreasonable or unnecessary in the circumstances of the case; and
• The objectives of the control are met or are sufficiently addressed; and
• There are sufficient environmental planning grounds to justify the departure; and
• The impacts of the non-compliant proposal will not be significantly greater than a compliant proposal or may enhance the outcome.

This provides a degree of flexibility for developments to provide a better design response to specific and unique site constraints/hazards as well as provide for innovative design solutions.