Environment and Planning Committee

Notice of Meeting

Monday, 12 February 2018

Tuesday, 06 February 2018

 

 

An Environment and Planning Committee Meeting will be held at 6.00pm on Monday 12 February 2018, in the Dragon Room, Level 1, Georges River Civic Centre, corner Dora and MacMahon Streets, Hurstville, for the consideration of the business available on Council's website at at http://www.georgesriver.nsw.gov.au/Council/Council-Meetings.

 

 

 

 

Gail Connolly

General Manager

 

 

BUSINESS

1.      Apologies

2.      Disclosures of Interest

3.      Minutes of previous meetings

4.      Committee Reports

 


Environment and Planning Standing Committee Meeting

Summary of Items

Monday, 12 February 2018

 

Previous Minutes

MINUTES: Environment and Planning - 11 December 2017

Committee Reports

ENV001-18       Economic Development Advisory Committee - Membership

(Report by Economic Development Officer).............................................................. 2

ENV002-18       Appointment of members for the new Local Planning Panel (LPP), formerly known as Independent hearing and Assessment Panel (IHAP)

(Report by Manager Development and Building)..................................................... 6

ENV003-18       Georges River Principal Local Environmental Plan

(Report by Senior Strategic Planner)....................................................................... 10   

 


Georges River Council – Environment and Planning Standing Committee Meeting -  Monday, 12 February 2018              Page 2

Item:                   ENV001-18        Economic Development Advisory Committee - Membership 

Author:              Economic Development Officer

Directorate:      Environment and Planning

Matter Type:     Committee Reports

Recommendation

(a)     That Council consider the Expressions of Interest received from those persons wishing to be considered as members of the Economic Development Advisory Committee.

(b)     That Council add a category for the Community Services Sector in addition to a Community representative as per the Terms of Reference.

(c)     That Council add Sport as a recreational sector as per the Terms of Reference.

(d)     That Council appoint members of the Committee as per Paragraph 14 of this report.

(e)     That Council note the proposed meeting dates for 2018.

Executive Summary

1.      This report seeks to inform Council that the Expressions of Interest for membership of the Economic Development Advisory Committee closed on 29 January 2018 with 16 applications for membership being received by the due date.

2.      A summary of the applicants (confidential attachment) is based on the criteria set out in the Expressions of Interest documentation.

3.      The report recommends to Council the appointment of members to the Committee in accordance with the Terms of Reference.

4.      The report seeks Council’s endorsement of four proposed meeting dates for 2018 and the nomination of 10 persons for the Committee.

Background 

5.      At its meeting held on 27 November 2017, Council resolved to seek Expressions of Interest for membership of the Economic Development Advisory Committee. Following the meeting, the General Manager wrote to former members of the Committee thanking them for their participation in the inaugural Committee which was operational from November 2016 until July 2017 and invited former members to re-apply.

6.      As resolved by Council at the meeting held on 27 November, Councillors Agius, Katris, Hindi and Tegg are to now be  joined by Councillors Badalati and Kastanias as permanent members of the Economic Development Advisory Committee.

7.      The process undertaken to seek interest in the membership of the Committee is outlined below:

a.   Letters were sent to key organisations such as Westfield’s, St George TAFE, Westpac Bank, St George Private and Public Hospitals, Hurstville and Waratah Private Hospitals, the various clubs within the LGA, etc.

b.   Invitations seeking involvement were extended to the St George Business Chamber, the NSW Southern Region Chinese Business Association, and Realise Business.  

c.   Invitations via Council’s Column, which appeared in the St George Leader on 13 December 2017 and 10 January 2018 and Council’s website.

8.      The closing date for applications was Monday 29 January 2018.

 

Expressions of Interest received

9.      As at the closing date of 5.00pm Monday 29 January, 16 Expressions of Interest were received. All industry categories as determined by the Terms of Reference were received except Retail although there has been some interest from Westfield Hurstville. 

10.    With regards to former Committee members, five applications have been received from former members to be a part of the new Committee.

11.    A full analysis of the applications has been undertaken and is attached to this report (refer to Attachment 1).

12.    In summary the following Expressions of Interest were received:

a.   Health:

i. Mr Shane Combs Director of Clinical Services Hurstville Private Hospital

ii.  Mr Stephen Johnston – General Manager, Waratah Private Hospital Former EDAC Member

b.   Manufacturing:

i. Mr Laurie Debono Former CEO of Emerdyn and former EDAC member

c.   Finance:

i. Ms. Wenchao Zang – owner of Best Professional Finance Penshurst

ii.  Ms Lesley Mannion – Chartered Accountant Former EDAC Member

d.   Education:

i. Ms Rita Boyle Campus Manager St George TAFE

e.   Hospitality:

i. Ms Chantelle Chapman – Group Business Development and Marketing Manager Club Central

ii.  Ms Kylie Di Cesare – Community Engagement Manager Club Central

iii. Mr Frank Bates – President Beverley Park Golf Club and former EDAC Member

f.    Community Member:

i. Ms Santina Clayton – owner of Santina’s homeware store in Penshurst

ii.  Mr Robert Dawson- retired solicitor

iii. Ms Tania Katsanis – small business owner

iv. Ms. Rosemary Bishop CEO 3 Bridges Former EDAC member – Awaiting Annual Report.

g.   Retail:

i. Mr Craig Tache – Acting Centre Manager Westfield Hurstville. Mr Tache indicated interest in applying via email but no application was received by the due date.

h.   St George Business Chamber:

i. Mr Allan Zreik President - Awaiting Financial Statement or Annual Report

i.    NSW Southern Region Chinese Business Association:

i. Ms Nancy Liu Senior Advisor – 2017 Financial Report included awaiting letter of endorsement from the Association.

j.    Realise Business:

i. Ms Jacqui Attard – CEO Realise Business - Annual Report Included.

 

13.    The Terms of Reference did not include representatives from the Community Services and Sporting Sectors. It is a recommendation of this report that these two sectors be added to the Terms of Reference for the Committee and that two persons who nominated to be on the Committee be appointed to these sectors. Both the sporting sector and the community services sector play an important role in the community’s wellbeing and economy.

 

14.    Attachment 1 provides a summary of the recommended applicants for Council’s consideration.

a.   Health: Mr Shane Combs Director of Clinical Services Hurstville Private Hospital

b.   Manufacturing: Mr Laurie Debono Former EDAC member

c.   Finance: Ms. Wenchao Zang – owner of Best Professional Finance Penshurst

d.   Education: Ms Rita Boyle Campus Manager St George TAFE

e.   Hospitality: Ms Chantelle Chapman – Group Business Development and Marketing Manager Club Central

f.    Community Representative: Ms Tania Katsanis

g.   Community Services Sector: Ms. Rosemary Bishop CEO 3 Bridges Former EDAC member

h.   Sporting Sector: Mr Frank Bates – President Beverley Park Golf Club Former ESAC member

i.    Retail: As no application was received by Westfield Hurstville, a representative is to be appointed at a later date. 

j.    St George Business Chamber: Mr Allan Zreik President pending Financial Statement or Annual Report

k.   NSW Southern Region Chinese Business Association: Ms Nancy Liu pending a letter of endorsement from the Association.

l.    Realise Business: Ms Jacqui Attard – of CEO Realise Business

 

15.    The above group will bring a broad range of qualifications, skills and experience to the Committee that will assist in developing the economic development strategy for the Georges River Local Government area and the ensuing programs and events for economic development.

 

Meetings in 2018

16.    Four meeting dates have been set aside. These are to occur on Mondays 30 April, 4 June, 6 August, and 19 November 2018 commencing at 6pm.

 

Financial Implications

17.    No budget impact for this report.

 


 

Community Engagement

18.     Community Engagement was conducted by writing to former EDAC members, targeting prospective key stakeholders as part of engagement around the Draft Economic Development Strategy and by seeking Expressions of Interest via Council’s column in the St George Leader which appeared on 13 December 2017 and 10 January 2018.

 

File Reference

SF18/2528

 

 

ATTACHMENTS

Attachment 1

Economic Development Advisory Committee Expressions of Interest Applications Summary – (confidential)

 


Georges River Council – Environment and Planning Standing Committee Meeting -  Monday, 12 February 2018              Page 6

 

Item:                   ENV002-18        Appointment of members for the new Local Planning Panel (LPP), formerly known as Independent hearing and Assessment Panel (IHAP) 

Author:              Manager Development and Building

Directorate:      Environment and Planning

Matter Type:     Committee Reports

Recommendation

(a)     That Council appoint the Chair, Mr Adam Seton, and two (2) Alternate Chairs, Mr Paul Vergotis and Ms Sue Francis, in accordance with the recommendation by the Minister Planning.

(b)     That Council consider and appoint a minimum of six (6) Community Representatives from the confidential list attached, allowing the Local Planning Panel to function, if in the event one member cannot attend for any reason, and/or the application before the Panel is a s82A Review of Determination of an Local Planning Panel former decision.

Each Community Representative is to be appointed for all wards such that they can operate on a rotational basis throughout the year to allow flexibility and efficiency for the operation of the Local Planning Panel.

(c)     That Council consider and appoint a minimum of six (6) Independent Expert members, including alternate members, from the confidential list attached; allowing the Local Planning Panel to function if in the event one member cannot attend for any reason, and/or the application before the Panel is a s82A Review of Determination of an LPP former decision.

(d)     Each member is to be appointed in accordance with the terms and conditions identified by the Minister for Planning and the Department of Planning and Environment

Executive Summary

1.      Council resolved at Council meeting on 18 December 2017:

(a)      That Council endorse the process for the recruitment of the Community Representatives for the new Local Planning Panel

(b)      That delegation be given to the General Manager to call for expressions of interest for Community Representatives for the Local Planning Panel,

(c)      That the General Manager report to Council in February 2018 on the outcomes of the Expression of Interest Process, with a recommendation for the appointment of the 5 x Community Panel members.

 

2.      This report provides Council with a list of persons who expressed an interest to be a Community Representative for the Georges River Council Local Planning Panel (GRCLPP) from which Council is to select a minimum of six (6) members that will operate on a rotational basis.

3.      It also includes a summary of the process for reviewing the Independent Expert members who applied for the GRCLPP and a shortlist from which Council is to select a minimum of  six (6) members.

 


 

Background

4.      On 8 August 2017, the Minister for Planning released a media statement advising that IHAPs (now referred to as Local Planning Panels) would become mandatory for all councils within the Greater Sydney Region and for Wollongong Council. All affected Councils are required to have a Local Planning Panel (LPP) in place and operational by 1 March 2018.

5.      On 21 December 2017, Councils were advised of the Chair and alternate Chairs who had been approved by the Planning Minister as well as provided with a pool of Independent Experts from which to select a minimum of two (2) Panel members from. Although it was suggested that alternate experts also be appointed to ensure the LPP can continue to function if an expert member is unable to attend for any reason. It will further allow the ability to have a panel with different members on it in the event of a s82A Review of Determination of an application that the LPP has determined.

6.      The Department of Planning and Environment have advised that each Expert was approved on the basis of their professional standing, experience, technical ability and broad understanding of the development assessment process. Each expert has met one or more of the expertise requirements, ie to be an expert in one or more of the following fields being planning, architecture, heritage, the environment, urban design, economics, traffic and transport, law, engineering, tourism, or government and public administration. None of the experts are currently a local Councillor and each expert has provided a statutory declaration that they have not been bankrupt, do not have a criminal record and are not developers or real estate agents.

7.      The Department of Planning and Environment have advised Councillors, property developers and real estate agents will be ineligible to be panel members as this undermines the objective of having DAs determined by independent experts.

8.      With regards to the Community representatives, the Department of Planning and Environment have advised if the council area has wards, then Council needs to appoint a community representative to address matters for each ward. Members can represent one or more wards.

 

Chair of the LPP

9.      The persons the Minister has approved to appoint for the Chair of the Georges River Council LPP and Alternate Chair are as follows:

-     Mr Adam Seton as Chair

-     Ms Sue Francis and Mr Paul Vergotis as alternate Chairs.

 

10.    A probity and political donations check was undertaken for each approved Chair.

11.    The Council is required to formally appoint these positions.

 

Independent Expert Panel Members Process

12.    On 21 December 2017, Georges River Council was provided with a pool of Independent Experts. A total of 170 applied for Georges River Council. This list included their CV (confidential) and their field(s) of expertise.

13.    A Working Group consisting of the GM, Director Environment and Planning and the Manager Development Assessment reviewed the list to create a shortlisted eligibility list of 13 persons. This was based on a number of criteria including the field(s) of expertise, knowledge of and extent of experience in the development area, and whether they had any previous IHAPs or similar Panel experience. The field(s) of expertise were categorised as “Planning”, “Architectural/Urban Design”, and “Other”. “Other” includes the remaining categories that were identified by the Department of Planning and Environment, and include; Heritage, Environment, Economics, Traffic & Transport, Law, Engineering, Tourism, and Government & Public Admin. A copy of the shortlisted Experts, and their Area of Expertise, is attached to this report.

14.    Of the 13 names shortlisted, two (2) are already approved as Alternate Chair – Ms Sue Francis and Mr Paul Vergotis. Sue Francis has indicated that she does not have the capacity to be an Expert member due to her other commitments and would prefer to just be the Alternate Chair. Therefore, it is recommended that Mr Paul Vergotis be appointed as an Alternate Expert Member.

15.    The remaining (11) candidates were subsequently interviewed by the GM and Director in January 2018. As a result of this process, two (2) candidates, Ms Alison McCabe & Ms Janette Murrell, advised they are unavailable due to other commitments.

16.    Also, Mr David Logan advised that he is only available as an Alternate Member as he has other commitments.

17.    As stated previously, a minimum of two (2) Expert Panel members must be appointed. However, to ensure the Panel can function efficiently it is recommended that a minimum of six (6) members be appointed, including Alternate members.

18.    Six (6) members would allow the Panel to operate in the event of a s82A Review of Determination of an application that the LPP has determined. A large enough pool of Experts is required to ensure different expert members are determining the Review Application from those who determined the original application; thus increasing the transparency of any decision made.

19.    Therefore, the list before Council includes eight (8) Expert members and two (2) Alternate Members, of which it is recommended a minimum of six (6) be appointed.  

Community Representative Process

20.    Two (2) advertisements calling for Expressions of Interest were placed in the local Leader over a period of 28 days. The same Expression of Interest notice was placed on Council’s website and on Council’s facebook page. Further, the members of the current IHAP were all invited to re-apply. A total of 16 persons expressed an interest, although one has been declared ineligible due to being a current Director and Real Estate Agent.

21.    The same Working Group reviewed those applications and ranked them in order considering their expertise/knowledge/experience of the Development Process, extent of time in the LGA, extent of Community involvement, and whether they had any previous experience on an IHAP or similar Planning Panel(s). The list before Council (attached to this report), identifies the staffs’ suggestions for the community representatives in order of preference.

22.    It is recommended that Council appoint a minimum of six (6) members for the same reasons as stated for the Expert members in the previous section of this report.

23.    Further, it is also recommended that each Community Representative be appointed for all wards such that they can operate on a rotational basis throughout the year to allow flexibility and efficiency for the operation of the LPP.

 

Next Steps

24.    The new LPP will commence from 1 March 2018. Council is advised that if the Panel members are not appointed by this date, then the LPP (former IHAP) meetings cannot be held.

25.    Further, if the Panel members are not appointed by 1 March 2018, then the Minister for Planning has the ability to appoint the Panel members.

 

Financial Implications

26.    Within budget allocation.

Community Engagement

27.     Community engagement was conducted during the Expression of Interest stage for the Community representatives for a period of greater than 28 days.

 

File Reference

D18/16698

 

 

ATTACHMENTS

Attachment 1

Shortlist of Community representatives for new LPP – Jan 2018 (Confidential)

Attachment 2

Shortlist of Independent Experts for new LPP- Jan 2018 (Confidential)

 


Georges River Council – Environment and Planning Standing Committee Meeting -  Monday, 12 February 2018              Page 10

Item:                   ENV003-18        Georges River Principal Local Environmental Plan 

Author:              Senior Strategic Planner

Directorate:      Environment and Planning

Matter Type:     Committee Reports

Recommendation

That:

(a)     The report on the Georges River Principal Local Environmental Plan be received and noted.

(b)     Council endorse the preparation of a Housing Strategy, Community Participation Plan and Local Strategic Planning Statement for the Georges River local government area.

(c)     Council endorse the preparation of a principal Local Environmental Plan for the Georges River local government area.

Executive Summary

1.      Georges River Council (Council) currently has three local environmental plans (LEPs) that apply to the Georges River local government area (local government area).

2.      Council resolved on 27 November 2017 (Notice of Motion 015-17) to commence the preparation of a new LEP for the local government area in 2018. The new LEP will be the first principal LEP for Council, which is a historic milestone.

3.      The NSW Government recently released the draft Greater Sydney Region Plan – October 2017 (draft Greater Sydney Region Plan) and the revised Draft South District Plan – October 2017 (Draft South District Plan). Both the draft Greater Sydney Region Plan and the Draft South District Plan require councils to update their LEPs to reflect the plans once they are finalised.

4.      The Draft South District Plan also requires councils to prepare a Housing Strategy for the local government area.

5.      The NSW Government is currently updating the Environmental Planning & Assessment Act 1979. The Environmental Planning & Assessment Bill 2017 (Bill) has been passed by Parliament and is awaiting assent. The Bill requires councils to draft a Community Participation Plan and a Local Strategic Planning Statement for the local government area.

6.      This report responds to Notice of Motion 015-17, the Bill, the draft Greater Sydney Region Plan and the Draft South District Plan, by recommending the preparation of a Housing Strategy, Community Participation Plan, Local Strategic Planning Statement and a principal Local Environmental Plan for the local government area.

 

Background

CURRENT PLANNING FRAMEWORK

7.      An LEP is a legal document that zones land, imposes standards to control development, and or implements a state or legal policy outcome. The provisions of an LEP are legally binding on Council, the State Government, the community and developers.

8.      Development control plans (DCPs) are planning documents that are prepared by councils and provide detailed planning and design guidelines to support the planning controls in an LEP. DCPs are not legally binding documents, but must be taken into account when Council is considering a development application. LEP provisions take priority over a DCP.

9.      LEPs must be made in a standard form prescribed in the Standard Instrument (Local Environmental Plans) Order 2006.

10.    The land use controls applying to former Kogarah Council and former Hurstville Council continue to apply to Georges River Council.

11.    Council currently has:

·    Three LEPs:

1.   Kogarah Local Environmental Plan 2012;

2.   Hurstville Local Environmental Plan 2012; and

3.   Hurstville Local Environmental Plan 1994.

·    Four DCPs:

1.   Kogarah Development Control Plan 2013;

2.   Hurstville Development Control Plan 1 (Applies to land within the Peakhurst, Mortdale and Hurstville Wards);

3.   Hurstville Development Control Plan 2 Amendment Number 5 (Applies to sites within the Hurstville City Centre identified as Deferred Land); and

4.   Hurstville Development Control Plan 2 Amendment Number 6 (Applies to land identified as Hurstville City Centre, excluding the Deferred Land).

 

12.    Kogarah Local Environmental Plan 2012 and Hurstville Local Environmental Plan 2012 are in the standard form, prescribed in the Standard Instrument (Local Environmental Plans) Order 2006. Hurstville Local Environmental Plan 1994 is not in the standard form as it was made prior to the standardisation of LEPs and applies only to the land deferred from Hurstville Local Environmental Plan 2012 (Deferred Land). Please see Figure 1 below for a map of the Deferred Land.

                                                                                                                           

          Figure 1 – Deferred Land map

 

13.    The Deferred Land, which sits under Hurstville Local Environmental Plan 1994, is zoned 3(b) City Centre Business zone. There are no development controls in the Hurstville Local Environmental Plan 1994 that apply to the 3(b) City Centre Business zone. Therefore the community and developers must refer to Hurstville Development Control Plan 2 Amendment Number 5 for the relevant planning and design guidelines.

14.    Whilst Kogarah Local Environmental Plan 2012 and Hurstville Local Environmental Plan 2012 are in the standard form, both instruments have different objectives, zoning patterns, local provisions and development controls.

15.    Working under multiple Council planning documents, with different planning controls for the former Kogarah local government area compared to the former Hurstville local government area is inefficient and leads to higher operating costs and longer processing times.

16.    Council resolved on 27 November 2017 (Notice of Motion 015-17):

(a) That Council commence the preparation of a new Local Environmental Plan (LEP) for the Georges River local government area in early 2018.

(b) That the General Manager prepare a report detailing the proposed program for preparation of the LEP, including the necessary strategic studies, community consultation framework, timeframes and costs for preparation of the LEP.

(c)  That the General Manager investigates the scheduling of additional Councillor Workshop sessions during 2018 for the purposes of formulating the draft LEP

This report responds to this resolution.

 

PRINCIPAL LEP - PLANNING PROCESS

 

17.    The drafting of a LEP is guided by the Department’s ‘A Guide to Preparing LEPs’ and ‘A Guide to Preparing Planning Proposals’.

18.    A LEP that applies to the whole of a local government area is referred to as a principal LEP.

19.    The process for making or amending a principal LEP is the same. It is necessary to make a new LEP.

20.    All principal LEPs must be made in a standard form, prescribed in the Standard Instrument (Local Environmental Plans) Order 2006.  LEP maps must conform to the ‘Standard Technical Requirements for Spatial Datasets and Maps’.

21.    The plan making process for preparing a principal LEP normally involves the following key components:

·    The preparation of a planning proposal

·    The issuing of a Gateway Determination

·    Community and other consultation on the planning proposal

·    Finalising the planning proposal

·    Making the LEP

·    Notifying the LEP on the NSW Government Legislation website

22.    A planning proposal is a document that sets out the intended effect of the proposed LEP. The Department’s ‘A Guide to Preparing Planning Proposals’ explains how to prepare a planning proposal.

23.    Section 55(2) of the Environmental Planning & Assessment Act 1979 outlines that a planning proposal must include:

i.    Part 1 – A statement of the objectives and intended outcomes of the proposed instrument

ii.   Part 2 – An explanation of the provisions that are to be included in the proposed instrument

iii.  Part 3 – The justification for those objectives, outcomes and the process for their implementation

iv.  Part 4 – Maps, where relevant, to identify the intent of the planning proposal and the area to which it applies

v.   Part 5 – Details of the community consultation that is to be undertaken on the planning proposal

24.    A Gateway Determination is issued by the Minister for Planning, the Greater Sydney Commission or delegate. It is a major stage gate in the preparation of a principal LEP, as it specifies whether a planning proposal is to proceed and under what circumstances.

25.    Once a Gateway Determination is issued, Council staff will consult with the community. The minimum community consultation requirements for the public exhibition of the planning proposal are set out in the Gateway Determination.

 

DRAFT GREATER SYDNEY REGION PLAN

 

26.    The role of the Greater Sydney Commission is to lead metropolitan planning for the Greater Sydney Region.

27.    The draft Greater Sydney Region Plan is the Greater Sydney Commission’s long-term vision for the Greater Sydney Region.

28.    The draft Greater Sydney Region Plan is a 40 year vision to 2056 with a 20 year plan to manage growth in the context of social, economic and environmental matters.

29.    The draft Greater Sydney Region Plan is a vision for a global metropolis of three cities with the majority of people being able to commute to a city within 30 minutes, using public transport.

30.    The three cities are:

1.   Western Parkland City

2.   Central River City

3.   Eastern Harbour City

·    The South District is a district of the Eastern Harbour City

 

31.    Delivering a metropolis of three cities will be guided by 10 overarching Directions, which provide interconnected infrastructure, productivity, liveability and sustainability benefits to all residents.

32.    The 10 Directions are:

Infrastructure & collaboration

1.   A city supported by infrastructure

2.   A collaborative city

Liveability

3.   A city for people

4.   Housing the city

5.   A city of great places

Productivity

6.   A well-connected city

7.   Jobs and skills for the city

Sustainability

8.   A city in its landscape

9.   An efficient city

10. A resilient city

 

33.    The draft Greater Sydney Region Plan is to be used as a framework for decision-making, to inform district plans and LEPs; and provide context for council strategic plans.

34.    The roles of planning authorities in Greater Sydney, is set out in Figure 2 below:

Figure 2 – Role of planning authorities in Greater Sydney

 

35.    The region and district plans inform the preparation and assessment of LEPs and planning proposals.

36.    Under ‘Objective 39 A collaborative approach to city planning’ of the draft Greater Sydney Region Plan, Council is required to draft a Housing Strategy to inform the preparation of the LEP. The Housing Strategy is to cater for the needs of projected population growth and local infrastructure.

 

Housing Strategy

 

37.    Council is to prepare a Housing Strategy for the local government area that responds to the housing targets set by the Greater Sydney Commission in the Draft South District Plan.

38.    The Housing Strategy is to:

a.   Be given effect through amendments to LEPs within three years of the finalisation of the district plans (or two years for priority councils or where funding has been provided)

b.   Be aligned with Council’s community strategic plan

c.   Identify where in the local government area the 0-5 and 6-10 year housing targets (set out in the Draft South District Plan) should be applied, to align with existing and proposed improvements to local infrastructure and open space

d.   Identify the right locations for growth, including areas that are unsuitable for significant change in the short to medium term

e.   Play an important role in planning new housing that creates more liveable neighbourhoods and meet demand by responding to housing need, diversity, market preferences, alignment of infrastructure, displacement, amenity, engagement and efficiency.

 

39.    The Department has advised that it will issue a planning circular and guidelines on the key technical aspects of preparing a Housing Strategy. Key aspects will include capacity, viability, good design, mix, supply, affordable rental and social housing, local infrastructure and delivery.

40.    Council staff have organised a meeting with the Department at the end of February 2018, to be briefed on the draft Housing Strategy planning circular and guidelines.

41.    It is recommended that Council commence the preparation of the Housing Strategy and our approach is reviewed once further information is provided by the Department.

42.    In the absence of guidance from the Department, the following program of works is proposed for the Housing Strategy. This program of works may change following Council’s meeting with the Department.

 

Action / Objective

Estimated timeframe

 

Comment

Review of adopted housing strategies 

March 2018

The purpose of the review is to establish a best practice within local Government 

Workshop 1 – What are the future housing needs of the Georges River Local Government Area?

April 2018

Councillors are to be invited to workshop(s) on the future housing needs of the area

Workshop 2 – How do we address the future housing needs of the Georges River Local Government Area?

May 2018

Councillors are to be invited to workshop(s) on the future housing needs of the area and development of a number of scenarios

Workshop 3 – Development of draft scenarios

June 2018

The community, Councillors and Stakeholders are to be invited to workshop draft scenarios relating to housing types, dwelling targets / locations and changes in land use controls

Draft the Housing Strategy

August 2018

Draft the Housing Strategy in accordance with the Department’s Guidelines

Community Consultation

September 2018

Publicly exhibit the draft Housing Strategy in accordance with the Department’s Guidelines

Adoption of a Housing Strategy

December 2018

Following a review of the submissions received during the public exhibition, necessary amendments will be made and then the Housing Strategy will be reported to Council for adoption

 

DRAFT SOUTH DISTRICT PLAN

 

43.    The Draft South District Plan has been prepared by the Greater Sydney Commission and is a 20 year plan for the Canterbury-Bankstown, Georges River and Sutherland local government areas.

44.    The Draft South District Plan aims to manage growth in the context of social, economic and environmental matters, to achieve the 40 year vision for Greater Sydney as set out in the draft Greater Sydney Region Plan.

45.    The Draft South District Plan shares the same 10 overarching Directions in the draft Greater Sydney Region Plan.

46.    The Greater Sydney Commission has identified a need for an additional 83,500 homes in the Southern District between 2016 and 2036 (20 years). Council must identify our capacity to contribute to the longer term 20-year strategic housing target for the District.

47.    The Draft South District Plan sets a 0-5 year housing supply target of 4,800 for the Georges River local government area, 13,250 for the Canterbury-Bankstown local government area and 5,200 for the Sutherland local government area.

48.    The Greater Sydney Commission will work with Council to develop 6-10 year housing targets.

49.    When undertaking strategic planning processes, councils are required to give effect to the draft district plans, specifically the planning priorities and actions that sit under the 10 overarching Directions in the draft Greater Sydney Region Plan.

50.    The Draft South District Plan states that within three years of the finalisation of the district plans, or 2 years if Council receives funding under the ‘Priority Councils’ initiative, councils are required to update their LEP to give effect to the Draft South District Plan.

51.    On the finalisation of the South District Plan, Council is to report to the Greater Sydney Commission on our review of Council’s LEPs and on the preparation of planning proposals to give effect to the South District Plan

52.    Council staff will incorporate the planning priorities and actions of the Draft South District Plan into the planning proposal for the principal LEP.

 

ENVIRONMENTAL PLANNING & ASSESSMENT BILL 2017

 

53.    The NSW Government is in the process of updating the Environmental Planning & Assessment Act 1979, which is the principal planning legislation in NSW.

54.    The Environmental Planning & Assessment Bill 2017 (Bill) has been passed by Parliament and is awaiting assent.

55.    The objectives of the updates are to:

·    enhance community participation

·    promote strategic planning

·    increase probity and accountability in decision-making

·    promote simpler, faster processes for all participants.

 

56.    The updates will commence on 1 March 2018. The drafting of the principal LEP will be drafted in accordance with the updated Environmental Planning & Assessment Act 1979.

 

Community Participation Plan

 

57.    The Bill sets out new community participation requirements including the requirement to prepare a Community Participation Plan.

58.    The Community Participation Plan is to detail how and when the community will be involved in planning matters.

59.    Council does not need to prepare a separate Community Participation Plan if it includes all of the required matters in the community strategic plan. Whilst this is so, Council staff recommends that Council prepare a separate Community Participation Plan so that it is clear how and when Council will consult the community on planning matters.

60.    The regulations may make provision for the form, content and procedures for making, publishing and amending a Community Participation Plan and reports on the implementation of Community Participation Plans.

61.    It is recommended that Council prepare a Local Strategic Planning Statement based upon the Georges River Community Strategic Plan. The Local Strategic Planning Statement will be used to inform the drafting of the principal LEP.

 

Local Strategic Planning Statement

 

62.    The Bill sets out a requirement that all councils must prepare a Local Strategic Planning Statement.

63.    The statement must include or identify the following:

·    The basis for strategic planning in the area, having regard to social, economic and environmental matters

·    The planning priorities for the area that are consistent with any strategic plan applying to the area and any community strategic plan

·    The actions required for achieving those planning priorities

·    How Council will monitor and report on the implementation of the actions

 

64.    The statement may be separated into wards and councillors are to be given a reasonable opportunity to participate in the provisions of the statement that deal with their ward. Those provisions are required to be endorsed by the Councillors as being consistent with any strategic plan. If the provisions are not endorsed by the Councillors, the Bill contains provisions for an alternate strategic planning authority to endorse the provisions.

65.    The Planning Secretary may issue requirements on the preparation and making of Local Strategic Planning Statements, including with respect to the participation of councillors.

66.    It is recommended that Council prepare a Local Strategic Planning Statement based upon the Georges River Community Strategic Plan. The Local Strategic Planning Statement will be used to inform the drafting of the principal LEP.

 

ENVIRONMENTAL PLANNING & ASSESSMENT REGULATION 2000 ISSUES PAPER

 

67.    The NSW Government recently released the ‘Review of the Environmental Planning & Assessment Regulation 2000 Issues Paper’ (Issues Paper) to seek feedback from stakeholders and inform the Government’s review of the Environmental Planning & Assessment Regulation 2000 (Regulation).

68.    Council staff provided a submission to the NSW Government on the Issues Paper, outlining 13 pages of issues with the Regulation and recommendations for improvement.

69.    The review of the Regulation will respond to the Bill and is an opportunity to remove any unnecessary complexities or outdated rules which make the system hard to use.

70.    Council staff will take into account the Regulation review when preparing the planning proposal for the principal LEP.

 

STRATEGIC STUDIES

 

71.    A Housing Strategy, Community Participation Plan and Local Strategic Planning Statement are necessary strategic studies that must be completed to support the preparation of the principal LEP.

72.    The strategic studies are required by the State Government under the draft Greater Sydney Region Plan, Draft South District Plan and the Environmental Planning & Assessment Bill 2017.

73.    The strategic studies have not been incorporated into the below program of works for the principal LEP, as it is unclear what the guidelines / Planning Secretary requirements / Regulations will be with regards to their structure, content, time frames and community consultation requirements.

74.    The funding of the strategic studies to inform the principal LEP will need to be sourced.

75.    Council is also preparing the following studies that will inform the preparation of the principal LEP:

 

Study

Purpose / outcome

Estimated date for draft completion

Car Parking Strategy

Council resolved on 27 November 2017 to endorse Parking and Traffic Consultants Pty Ltd (PTC) as the successful consultant for the Preparation of Car Parking Strategy for the Business zoned Land in Georges River LGA.

 

November 2018

Strategic Transport Study

Council resolved on 27 November 2017 to commence the preparation of a new city-wide Transport Strategy for the Georges River local government area in 2018

The Transport Strategy is to address all modes of transport including public transport, private vehicles, freight movements, active transport (walking and cycling) and non-government transport services.

12 months from date of appointment of consultant

Economic Development Strategy

 

June 2018

Review of planning controls for foreshore development in the Georges River Local Government Area

 

Investigate implementation of consistent planning controls for all waterfront properties within the LGA

Develop a methodology that is consistent for properties fronting the Georges River from Captain Cook Bridge to Salt Pan Creek.

 

June 2018

Affordable Housing Strategy

Council resolved on 27 November 2017 to commence the preparation of an Affordable Rental Housing Policy and associated implementation plan for the Georges River Local Government Area taking into consideration the actions of the Draft Greater Sydney Region Plan and the Revised Draft South District Plan requiring the preparation of Affordable Rental Housing Target Schemes.

The Policy is to identify and assess the housing issues within the Local Government Area and identify mechanisms to increase the supply of affordable housing for households on low to moderate incomes in housing stress.

December 2018

Employment Lands Study & peer review

 

December 2018

 

PROGRAM OF WORKS 

 

76.    On 5 October 2017, Council employed a specialist Senior Strategic Planner (a temporary position) to commence the preparation of a new principal LEP.

77.    Work undertaken to date includes: the review of the draft Greater Sydney Region Plan, Draft South District Plan, Environmental Planning & Assessment Bill 2017 and the Environmental Planning & Assessment Regulation 2000 Issues Paper to inform this report and to draft a program of works for the preparation of the principal LEP.

78.    The table below sets out a proposed program for the preparation of the principal LEP.

 

Program of works for the preparation of the principal LEP

 

Action / Objective

Estimated timeframe

 

Comment

Desktop review of:

·     Council Studies and Strategic Planning Documents;

·     State Government Planning Documents and Planning Legislation;

·     Kogarah Local Environmental Plan 2012;

·     Hurstville Local Environmental Plan 2012;

·     Hurstville Local Environmental Plan 1994;

·     Standard Instrument – principal Local Environmental Plan

June 2018

The completion of the desktop review may be delayed by the drafting of the Strategic Studies

The Strategic Studies are required to inform the drafting of the principal LEP

Draft revised provisions

August 2018

Including Zoning,  Height of Buildings, Floor Space Ratio, Heritage, Minimum subdivision lot size, Minimum subdivision lot size for dual occupancies

Workshop Number 1 – Land use controls (ie zoning, height and FSR etc)

October 2018

Councillors are to be invited to workshop the current and the proposed controls

The land use controls are dependent upon and may be delayed by the Council Studies and the Strategic Studies

Workshop Number 2 – Land Use Table and Local Controls

December 2018

Councillors are to be invited to workshop the current and the proposed Land Use Table and Local Controls

The Land Use Table and Local Controls are dependent upon and may be delayed by the completion of the Council Studies and the Strategic Studies

Draft planning proposal

February 2019

Draft planning proposal in accordance with the State Government’s  ‘A Guide to Preparing Local Environmental Plans’ and ‘Guide to Preparing Planning Proposals’

The planning proposal is dependent upon and may be delayed by the completion of the Council Studies and the Strategic Studies

Workshop Number 3 – planning proposal

March 2019

The community, Councillors and Stakeholders are to be invited to workshop the planning proposal

Gateway Determination

May 2019

The planning proposal will be reported to Council prior to the planning proposal being forwarded to the Department of Planning for a Gateway Determination

Council is to follow up the Department monthly following the submission of the planning proposal, to check the progress of the Gateway assessment of the planning proposal

Conduct Community Consultation – public exhibition of the planning proposal

To be confirmed

An estimated timeframe will be known once a Gateway is issued by the State Government

The planning proposal will be exhibited in accordance with the conditions of the Gateway Determination

Notification of the new LEP

To be confirmed

An estimated timeframe will be known following a review of the public submissions received during the public exhibition period

The planning proposal will be reported to Council following the public exhibition and prior to the planning proposal being sent to the Department for legal drafting

 

 

Financial Implications

79.    There is no budget in the 2017/18 Financial Year allocated to the studies and principal LEP preparation. Costing of the studies and sourcing funds will be subject to a further report.

80.    It is expected that the largest financial costs will be the:

a.   Preparation of the strategic studies, which are estimated to cost a minimum of $100,000 each – a better estimate of the cost can be made once the State Government clarifies their expectations for each study

b.   Preparation of the planning proposal and the work outlined in the program of works – the estimated cost is a minimum of $100,000. This can be carried out in-house but peer reviewed to ensure all matters have been addressed and complied with.

c.   Public exhibition of the relevant strategic studies - Housing Strategy, Community Participation Plan and Local Strategic Planning Statement. The estimated cost is a minimum of $35,000; and

d.   Public exhibition of the planning proposal for the principal LEP - the estimated cost is a minimum of $25,000.

 

81.    The costs for the preparation and exhibition of the principal LEP will be absorbed into the Strategic Planning Team’s budget for the 2018/19 year.

82.    However, additional funding is sought from the 2018/19 budget for the preparation and exhibition of the strategic studies.

 

Community consultation framework

83.    The purpose of a public exhibition is to encourage the community to have their say.

84.    Planning Proposal

·    The planning proposal will be reported to Council. If Council resolves to support the planning proposal, Council staff will forward the planning proposal to the Department for a Gateway Determination.

·    The Gateway Determination will contain minimum community engagement conditions for the public exhibition of the planning proposal and the required referrals to relevant public authorities for their comment.

·    Council will comply with the public exhibition conditions set out in the relevant Gateway Determination for the planning proposal.

·    Council will also:

o Send out a letterbox drop to every resident / ratepayer / occupier, seeking comment on the planning proposal. The brochure will be different for each zoning in order to explain what is proposed to be permitted or not permitted on their land.

o Place two advertisements in the Leader Newspaper (on the first day of the exhibition period and the middle Saturday of the exhibition period)

o Place copies of the planning proposal in all of Council’s libraries

o Place copies of the planning proposal at the Georges River Council Service Centre

o Place corflute signs with information about the planning proposal at the Georges River Council Service Centre

o Maintain a Your Say page on Council’s website, with all relevant documents to be available online and a link for the community to make an online submission

o Workshops by centre/sub-centre and areas subject to proposed changes to the controls

o Hold a drop in information session on each Saturday of the exhibition period. Each week the drop in session will be at a different local community centre or library and a different ward each week. Councillors for each ward will be invited to attend the drop in sessions.

 

85.    Housing Strategy; Community Participation Plan; and Local Strategic Planning Statement

·    Once prepared, the Housing Strategy, Community Participation Plan and the Local Strategic Planning Statement will be reported to Council.

·    If Council resolves to support the relevant document, then it will be publicly exhibited for a minimum of 28 days.

·    Council will follow the community engagement requirements for the Housing Strategy, Community Participation Plan and the Local Strategic Planning Statement once they are published in the relevant State Government Guidelines Planning Secretary requirements / Regulations (that are yet to be released).

 

Conclusion

86.    Under the Environmental Planning & Assessment Bill 2017, draft Greater Sydney Region Plan and the Draft South District Plan, Council is required to draft a Housing Strategy, Community Participation Plan and a Local Strategic Planning Statement for the local government area.

87.    Council is required to update Council’s LEPs for the local government area in response to the draft Greater Sydney Region Plan and the Draft South District Plan.

88.    Notice of Motion 015-17 requests that Council commence the preparation of a new LEP for the local government area in 2018.

89.    The Housing Strategy, Community Participation Plan and Local Strategic Planning statement will inform the preparation of the planning proposal for the principal LEP.

90.    The new LEP will be the first principal LEP for Council, which is a historic milestone.  

91.    This report responds to Notice of Motion 015-17, the Bill, the draft Greater Sydney Region Plan and the Draft South District Plan.

 

File Reference

D18/18972