Planning Proposal – Lithgow Local Environmental Plan (Amendment 5)

Exhibition Documentation

Supporting Documentation

URBAN RELEASE AREA PROVISIONS

An urban release area means a greenfield area intended to be developed for more intense urban development.  Part 6, of Lithgow Local Environmental Plan 2014, provides for satisfactory arrangements for state public infrastructure, public utility infrastructure and the preparation of a development control plan (DCP) to ensure development occurs in a logical and cost-effective manner.  Part 6 is detailed below.

The development control plan will be prepared following finalisation of the proposed LEP amendment.  The document will also be publicly exhibited at the appropriate stage.

 Part 6 Urban release areas

6.1   Arrangements for designated State public infrastructure

(1)  The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land in an urban release area to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes.

(2)  Development consent must not be granted for the subdivision of land in an urban release area if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the land became, or became part of, an urban release area, unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that lot.

(3)  Subclause (2) does not apply to—

(a)  any lot identified in the certificate as a residue lot, or

(b)  any lot to be created by a subdivision of land that was the subject of a previous development consent granted in accordance with this clause, or

(c)  any lot that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utility undertakings, educational facilities or any other public purpose, or

(d)  a subdivision for the purpose only of rectifying an encroachment on any existing lot.

(4)  This clause does not apply to land in an urban release area if all or any part of the land is in a special contributions area (as defined by section 7.1 of the Act).

6.2   Public utility infrastructure

(1)  Development consent must not be granted for development on land in an urban release area unless the Council is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when it is required.

(2)  This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.

6.3   Development control plan

(1)  The objective of this clause is to ensure that development on land in an urban release area occurs in a logical and cost-effective manner, in accordance with a staging plan and only after a development control plan that includes specific controls has been prepared for the land.

(2)  Development consent must not be granted for development on land in an urban release area unless a development control plan that provides for the matters specified in subclause (3) has been prepared for the land.

(3)  The development control plan must provide for all of the following—

(a)  a staging plan for the timely and efficient release of urban land, making provision for necessary infrastructure and sequencing,

(b)  an overall transport movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists,

(c)  an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain,

(d)  a network of active and passive recreation areas,

(e)  stormwater and water quality management controls,

(f)  amelioration of natural and environmental hazards, including bush fire, flooding and site contamination and, in relation to natural hazards, the safe occupation of, and the evacuation from, any land so affected,

(g)  detailed urban design controls for significant development sites,

(h)  measures to encourage higher density living around transport, open space and service nodes,

(i)  measures to accommodate and control appropriate neighbourhood commercial and retail uses,

(j)  suitably located public facilities and services, including provision for appropriate traffic management facilities and parking.

(4)  Subclause (2) does not apply to development for any of the following purposes—

(a)  a subdivision for the purpose of a realignment of boundaries that does not create additional lots,

(b)  a subdivision of land if any of the lots proposed to be created is to be reserved or dedicated for public open space, public roads or any other public or environment protection purpose,

(c)  a subdivision of land in a zone in which the erection of structures is prohibited,

(d)  development on land that is of a minor nature only, if the consent authority is of the opinion that the carrying out of the development would be consistent with the objectives of the zone in which the land is situated.

6.4   Relationship between Part and remainder of Plan

A provision of this Part prevails over any other provision of this Plan to the extent of any inconsistency.

STRATEGIC CONTEXT AND PROCESS

COUNCIL RESOLUTION

A planning proposal was requested to be prepared by Catalyst Project Consulting on behalf of the registered landowners Foundations Portland Pty Ltd. This request and supporting documentation prepared by Willowtree Planning Pty Ltd & Roberts Day forms the basis of this proposal.

The request was considered by Council at its Ordinary Meeting of 23 November 2020. Council resolved the following:

Minute No: 20-273

THAT

1. Council supports the preparation of a Planning Proposal over Lot 1 DP 109592, Lot 1 DP 842890, Lot 5 DP 749907, Lot 6 DP749908, Lot 7 DP 749909, Lot 24 Section 46 DP 758855, Lots 53 & 104 DP 755769, and Lots 1&4 DP1227369, known as the Foundations Site, Williwa Street Portland which seeks to:

• Remove the “deferred matter” status of the site and bring the lands within Lithgow Local Environmental Plan 2014;
• Rezone the site from 2(v) under Lithgow Local Environmental Plan 1994 to a combination of R1 General Residential, R2 Low Density Residential, B4 Mixed Use and RE 2 Private Recreation under Lithgow Local Environmental Plan 2014 as shown in Figure 6 of this report;
• Apply an additional permitted use to two areas of the B4 mixed use zone as shown hatched in Figure 6 of this report to permit dual occupancy (attached and detached); dwelling houses and multi-dwelling housing;
• Remove all minimum lot size provisions across the site;
• Insert a local provision into LLEP2014 to require the preparation of a site-specific development control plan prior to development on the land addressing the matters outlined in the standard clause 6.3(3).

2. The Planning Proposal documentation once prepared be forwarded to the Western Region office of Department of Planning, Industry and Investment for a Gateway Determination
3. Council recommends Gateway to place a condition on its determination requiring Council to consult with Crown Lands and Bathurst Aboriginal Land Council to resolve land zoning over lands adjoining and traversing the Foundations site prior to public exhibition.
4. Council consults with relevant government agencies as required.
5. A DIVISION be called in accordance with the requirements of Section 375A (3) of the Local Government Act, 1993.

What is the wider strategic context of a Planning Proposal?

A Planning Proposal is the first step in making a Local Environmental Plan (LEP). An LEP can only be amended by another LEP or Environmental Planning Instrument.

An LEP must be prepared within the broader strategic and policy framework of state and local government set down by legislation, strategies, policies and best practice guidelines and notes.

State Environmental Planning Policies (SEPPs)

State environmental planning policies (SEPPs) deal with issues significant to the state and people of New South Wales. They establish a range of policies that apply to all or part of areas across NSW. SEPPs are higher order plans and override any provision within a Local Environmental Plan.

In preparing an LEP Council must ensure that its provisions are consistent with the relevant SEPPs. An analysis of the application and consistency of the Planning Proposal with relevant SEPPs has been undertaken and is included in Part 3 Section B of the Planning Proposal.

A full version of each SEPP can be accessed at:

https://www.legislation.nsw.gov.au/browse/inforce#/epi/title/s

Acts and Regulations

These include the Environmental Planning and Assessment Act 1979 (EP & A Act) and the Environmental Planning and Assessment Regulation 2000. The EP & A Act provides the framework for the NSW planning system and the mechanism for the preparation of local environmental plans.

Local Planning Directions – Section 9.1 (pv S.117.(2) Directions

The Minister for Planning, under section of the Environmental Planning and Assessment Act 1979 (EP&A Act) issues directions that relevant planning authorities such as local councils must follow when preparing planning proposals for new LEPs. The directions cover the following broad categories:

• employment and resources
• environment and heritage
• housing, infrastructure and urban development
• hazard and risk
• regional planning
• local plan making

An analysis of the application and consistency of the Planning Proposal with all applicable S.9.1 Directions is included in Part 3 Section B of the Planning Proposal.

All Local Planning Directions can be found on the NSW Planning and Environment Website at:

https://www.planning.nsw.gov.au/Plans-for-your-area/Local-Planning-and-Zoning/

LEP Practice Notes and Circulars

The NSW Department of Planning and Infrastructure have also issued a number of practice notes and circulars to guide the development of local plans. These have been used to inform the development of the Planning Proposal

You can view these at:

https://www.planning.nsw.gov.au/Plans-for-your-area/Local-Planning-and-Zoning/

LEP Plan Making Process

A flowchart summarising the process for the making of the LEP is shown below:

Delegation for the making of Lithgow Local Environmental Plan 2014 (A5) has been issued to Lithgow City Council.

COMMUNITY FEEDBACK

Lithgow City Council encourages and welcomes all feedback and comments on the Planning Proposal within the public exhibition period.

The Planning Proposal and supporting exhibition material are on public exhibition from 9 August 2021 to 10 September 2021 and are also available for viewing at the following locations during ordinary opening hours:

• Council Administration Centre 180 Mort St LITHGOW NSW 2790
• Lithgow Library 157 Main St LITHGOW NSW 2790
• Wallerawang Library Main St WALLERAWANG NSW 2845
• Portland Library 65 Williwa St PORTLAND NSW 2847

Submissions

Should any person or group wish to make a submission on the Planning Proposal, it should be in writing and be received by 4.30pm on 10 September 2021.  Submissions should be addressed to: The General Manager, Lithgow City Council, PO Box 19 LITHGOW NSW 2790, quoting reference LLEP2014 (A5) or by emailing attention General Manager and quoting reference LLEP2014 (A5) at council@lithgow.nsw.gov.au.

Contact Us

If you require further information or have any difficulty with accessing information from this web site please contact Council’s Strategic Land Use Planning Team on 02 63549999 for assistance.

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