Environment and Planning Committee

Notice of Meeting

Monday, 10 September 2018

 

 

 

A meeting of the Environment and Planning Committee will be held at 6.00pm on Monday,10 September 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

http://www.georgesriver.nsw.gov.au/Council/Council-Meetings

 

 

 

BUSINESS

1.      Apologies

2.      Disclosures of Interest

3.      Minutes of previous meetings

4.      Committee Reports

 


Environment and Planning Committee Meeting

Summary of Items

Monday, 10 September 2018

 

Previous Minutes

MINUTES: Environment and Planning - 13 August 2018  

Committee Reports

ENV032-18       Economic Development Advisory Committee Minutes Monday 6 August 2018

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

ENV033-18       Adoption of Notification and Advertising Development Control Plan - Amended Plans

(Report by Strategic Planner)....................................................................................... 7

ENV034-18       Establishment of a Fox Control/Eradication Program in the Georges River Local Government Area

(Report by Coordinator,  Environmental, Sustainability and Waste).................. 63

ENV035-18       Amendment No. 9 to DCP No. 2 - Hurstville City Centre for 108, 112 and 124 Forest Road and 1 and 3 Wright Street, Hurstville (the 'Bing Lee' site)

(Report by Senior Strategic Planner)....................................................................... 67   

 


Georges River Council - Environment and Planning Committee Meeting - Monday, 10 September 2018

ENV032-18             Economic Development Advisory Committee Minutes Monday 6 August 2018

[Appendix 1]          Economic Development Advisory Committee - Minutes - 6-8-18

 

 

Page 2

 

Committee Reports

Item:                   ENV032-18        Economic Development Advisory Committee Minutes Monday 6 August 2018 

Author:              Economic Development Officer

Directorate:      Environment and Planning

Matter Type:     Committee Reports

 

 

 

Recommendation:

That the recommendations contained within the Minutes of the Economic Development Advisory Committee held on 6 August 2018 be adopted by Council.

  

 

Executive Summary

1.      Minutes of the Economic Development Advisory Committee meeting held on Monday 6 August 2018 are attached for Council’s consideration and adoption.

 

Background

2.      In accordance with the adopted Terms of Reference the Economic Development Advisory Committee will meet quarterly and items considered by the Committee will be presented to Council for adoption and posted to Council’s website.

The agenda items considered by the Advisory Committee at the meeting on 6 August 2018 were:

·        Presentation on Integrated Planning and Reporting Framework

·        Forest Road Hurstville – Footpath Upgrade – Stage 2

·        Litter Regulation and Education

·        Business After Five

·        Home Based Business

·        Smart Cities Update

 

Financial Implications

3.      No budget impact as a result of this report.

 

Community Engagement

4.      Community engagement is not required for the purpose of this report.

 

File Reference

17/1831 and D18/170475

 

 

ATTACHMENTS

Attachment 1

Economic Development Advisory Committee - Minutes - 6-8-18

 


 


 


 


Georges River Council – Environment and Planning Committee Meeting -  Monday, 10 September 2018              Page 7

Item:                   ENV033-18        Adoption of Notification and Advertising Development Control Plan - Amended Plans 

Author:              Strategic Planner

Directorate:      Environment and Planning

Matter Type:     Committee Reports

 

 

 

Recommendation:

(a)       That Council resolve, pursuant to Section 3.43 of the Environmental Planning and Assessment Act 1979, and in accordance with Clause 21 of the Environmental Planning and Assessment Regulation 2000, to approve the amendment to Hurstville Development Control Plan No.1 – Part 2.2, Hurstville Development Control Plan No.2 – Part 2.4 and Kogarah Development Control Plan 2013 – Part A2 relating to the notification of amended plans in undetermined development applications and controls around Class 1 development appeals and residential development appeals in the Land and Environment Court.

 

(b)       That Council give public notice of the decision to approve the amendment to Hurstville Development Control Plan No.1, Hurstville Development Control Plan No.2 and Kogarah Development Control Plan 2013 in the local paper within 28 days in accordance with Clause 21 of the Environmental Planning and Assessment Regulation 2000.

 

 

Executive Summary

1.      Council has prepared amendments to Hurstville Development Control Plan No.1 (HDCP No1), Hurstville Development Control Plan No.2 (HDCP No2) and Kogarah Development Control Plan 2013 (KDCP) to add requirements for the notification of amended plans in undetermined development applications and controls around Class 1 development appeals and residential development appeals in the Land and Environment Court. A copy of the draft HDCP No.1 (Amendment No. 7) – Part 2, HDCP No.2 (Amendment No. 8) – Part 2 and KDCP (Amendment No.4) – Part A2 is provided in Attachments 1 to 3.

2.      The proposed amendments will improve application processing times and reduce the need to notify amendments that do not significantly alter the intensity of likely adverse impacts of proposed developments.

3.      The proposed changes to the DCPs aim to make the re-notification process consistent with best practice and with the recent amendments to the Environmental Planning Assessment Act 1979, where Clause 13 of Division 2 Schedule 1 makes it clear that amended applications may not require re-notification.

4.      At its meeting dated 25 June 2018, Council resolved to publicly exhibit the draft amendments to the HDCP No1, HDCP No2 and KDCP.

 

(a)     That Council endorse the draft amendments to Hurstville Development Control Plan No.1 Amendment No 6– Part 2.2, Hurstville Control Plan No.2 Amendment No. 7 – Part 2.4 and Kogarah Development Control Plan 2013 Amendment No. 3 – Part A2 relating to the notification of amended plans to undetermined applications and Class 1 development appeals in the Land and Environment Court.

 

(b)     That the draft Development Controls Plans be placed on public exhibition in accordance with the provision of the Environmental Planning and Assessment Act 1979 and Regulations.

 

(c)     That the information contained in Attachment 1 relating to Land & Environment Court matters be placed on Councils website.

 

(d)     That all Councillors be provided with copies of all neighbour notification that are pertinent to their wards at the same time they are sent to the residents.

 

5.      The draft amendments to all three existing DCPs were exhibited from 11 July 2018 to 24 August 2018 and no submissions were received. No submissions were received.

 

6.      In accordance with the resolution (c) Council’s website has been updated to cover the following matters relating to Class 1 Development Appeals:

 

·        Resident involvement in Class 1 Development Appeals

·        Section 34 Conciliation Conferences

·        Hearings – resident involvement

·        Amended Plans when they are re-notified

 

7.      In accordance with the resolution (d), Councillors have been receiving copies of all neighbour notifications via a weekly email.

 

Background

8.      The requirements for notification and advertising of development applications are located in three different DCPs. These are:

·        Hurstville Development Control Plan No.1 (Amendment No. 6) – Part 2.2

·        Hurstville Development Control Plan No.2 (Amendment No. 7) – Part 2.4

·        Kogarah Development Control Plan 2013 (Amendment No. 3) – Part A2

 

9.      A review of the three DCPs occurred in late 2017 in order to harmonise the notification requirements of development applications.

 

10.    The key approach of the review of the DCP provisions was categorisation of the DAs based on development type and the associated notification and advertising that is required.

The four categories are:

·        Category A- DAs which will not be notified as they are unlikely to have an adverse impact on the locality e.g. applications for subdivision.

·        Category B – Minor developments which will be notified, but are unlikely to have a major impact on the amenity of the locality.

·        Category C – Other local developments which will be notified, and are likely to have a major impact on the amenity of the locality.

·        Category D – Major developments which will be advertised due to the significant impacts that may be generated by the development.

 

11.    Council adopted the amended DCPs at its meeting on 18 December 2017.

 

12.    The previous review of the three DCPs did not address amended plans in undetermined applications.

 

Proposed Amendments

13.    At its meeting dated 25 June 2018, Council resolved to publicly exhibit the draft amendments to the HDCP No1, HDCP No2 and KDCP.

 

(a)     That Council endorse the draft amendments to Hurstville Development Control Plan No.1 Amendment No 6– Part 2.2, Hurstville Control Plan No.2 Amendment No. 7 – Part 2.4 and Kogarah Development Control Plan 2013 Amendment No. 3 – Part A2 relating to the notification of amended plans to undetermined applications and Class 1 development appeals in the Land and Environment Court.

 

(b)     That the draft Development Controls Plans be placed on public exhibition in accordance with the provision of the Environmental Planning and Assessment Act 1979 and Regulations.

 

(c)     That the information contained in Attachment 1 relating to Land & Environment Court matters be placed on Councils website.

 

(d)     That all Councillors be provided with copies of all neighbour notification that are pertinent to their wards at the same time they are sent to the residents.

 

14.    HDCP No1, HDCP No2 and KDCP have been amended to include the following:

Amendments prior to determination

15.    The amendments have been inserted into the Neighbour Notification and Advertising of Development Applications sections as follows:

·        Hurstville Development Control Plan No. 1 – Section 2.2.8

·        Hurstville Development Control Plan No. 2 – Section 2.4.8

·        Kogarah Development Control Plan 2013 – Section 2.5

 

16.    The words to be inserted into the sections listed above are as follows:-

Where Council received amended plans prior to determination, Council will notify:

a)      If an application is amended prior to determination, it will be re-notified if, in the opinion of the Council Officer, the amendments are considered to result in significant additional environmental impacts.

b)      The notification period may be reduced if, in the opinion of the Council officer, all persons affected by the change(s) have been given an opportunity to make a submission.

c)      The extent of the notification may be limited to those persons who, in the opinion of the Council officer, may be affected.

Class 1 development appeals in the Land and Environment Court

17.    A section relating to Class 1 appeals in the Land and Environment Court within the Neighbour Notification and Advertising of Development Applications have been added to the sections as follows:

·        Hurstville Development Control Plan No. 1 – Section 2.2.9

·        Hurstville Development Control Plan No. 2 – Section 2.4.9

·        Kogarah Development Control Plan 2013 – Section 2.6

 

18.    The words to be inserted are as follows:-

Provisions for notification of amended plans in Class 1 development appeals in the Land and Environment Court:

a)      In Class 1 development appeals the Court, rather than Council, is the consent authority.

b)      If amended plans are submitted as part of a confidential conciliation conference and the Council’s experts consider that they adequately address Council’s concerns and can be approved, the amended plans will not be re-notified. This is because the resident objectors are not a party to the proceedings and the experts, in making their assessment, will have regard to the matters for consideration specified in section 4.15 of the Environmental Planning and Assessment Act 1979, including any submissions made.

 

c)      If the applicant is granted leave by the Court to rely on amended plans during the course of an appeal, the amended plans will be re-notified by Council if required under this DCP to the extent that the Court, in its discretion, determines that re-notification takes place.

Notes

·        Amended plans submitted during the course of proceedings will often not require notification under this DCP because the amended development will result in no significant additional environmental impacts.

·        The Court’s Conciliation Conference Policy and Site Inspection Policy both provide that Council should ensure that:

“People who made submissions to the council have a full understanding of the proposal (including recent amendments) so that any concerns expressed on-site are relevant”.

19.    The above process is the practice encouraged by the Land and Environment Court.

 

Public Exhibition

20.    The draft amendments to HDCP No1, HDCP No2 and KDCP were placed on public exhibition from Wednesday 11 July to Friday 24 August 2018. An advertisement was placed in the St George Leader newspaper on Wednesday 11 July notifying the proposed amendment.

21.    The proposed amendments to the DCPs were available for viewing in hard copy at Hurstville Civic Centre, Hurstville Library and Kogarah Library. The draft plan was also available electronically on Council’s website.

22.    During the public exhibition no submissions were received.

 

Next Steps

23.    Subject to Council’s endorsement of the amended DCPs, a notice will be placed in the St George Leader for HDCP No.1 (Amendment No. 7) – Part 2, HDCP No.2 (Amendment No. 8) – Part 2 and KDCP (Amendment No.4) – Part A2 to come into effect.

 

Financial Implications

24.    Within budget allocation.

 

Community Engagement

25.    The draft DCPs were publicly exhibited in accordance with the Environmental Planning and Assessment Act 1979 and its Regulation for comment from 11 July to 24 August 2018.

File Reference

17/1955 – D18/110108

 

 

 

ATTACHMENTS

Attachment 1

DCP 1 - Section 2 Application Process Amendment 7 - DRAFT

Attachment 2

DCP 2 - Section 2 Application Process Amendment 8 - DRAFT

Attachment 3

Kogarah DCP - Part A2 Application Process Amendment 4 - DRAFT

 


Georges River Council - Environment and Planning Committee Meeting - Monday, 10 September 2018

ENV033-18             Adoption of Notification and Advertising Development Control Plan - Amended Plans

[Appendix 1]          DCP 1 - Section 2 Application Process Amendment 7 - DRAFT

 

 

Page 12

 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council - Environment and Planning Committee Meeting - Monday, 10 September 2018

ENV033-18             Adoption of Notification and Advertising Development Control Plan - Amended Plans

[Appendix 2]          DCP 2 - Section 2 Application Process Amendment 8 - DRAFT

 

 

Page 24

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council - Environment and Planning Committee Meeting - Monday, 10 September 2018

ENV033-18             Adoption of Notification and Advertising Development Control Plan - Amended Plans

[Appendix 3]          Kogarah DCP - Part A2 Application Process Amendment 4 - DRAFT

 

 

Page 50

 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council – Environment and Planning Committee Meeting -  Monday, 10 September 2018              Page 63

Item:                   ENV034-18        Establishment of a Fox Control/Eradication Program in the Georges River Local Government Area 

Author:              Coordinator, Environmental, Sustainability and Waste

Directorate:      Environment and Planning

Matter Type:     Committee Reports

 

 

 

Recommendation:

a)      That Council update its website, educating residents with information on the impact of foxes and how to minimise their impact in the urban environment.

 

b)      That the General Manager investigate and provide a further report to Council on the Fox Scan Program, the future direction of the Sydney Pest Animal Action Network and the outcomes of discussions with Bayside Council, Sutherland Shire Council and National Parks Council and Local Land Services to investigate a joint program relating to integrated management of foxes in the Georges River Local Government Area.

 

 

Background

1.      Council at its meeting on 23 July 2018 resolved:

 

“That the General Manager prepare a report to Council on the establishment of a coordinated program with NSW Local Land Services (Greater Sydney Region) to control foxes on private and public lands within the local government area.”

 

2.      The red fox (Vulpes vulpes) was introduced into Australia in the 1870s for recreational hunting. Within 20 years, populations had expanded to such an extent that the fox was declared a pest. Foxes are nocturnal and territorial. They are highly efficient hunters and resourceful scavengers and may kill more prey than they can consume.

3.      Foxes are a pest animal because they:

·           threaten biodiversity by hunting and killing native wildlife

·           have contributed to the extinction of several species of small mammals and birds

4.      In 2015 The Southern Sydney Fox Management Group (SSFMG) commenced as part of grant funding from the Australian Governments’ Sydney’s Salty Communities program. The project brought Georges River Council and 14 other Sydney metropolitan councils and the Royal Botanic Gardens together to conduct coordinated fox management activities.

 

5.      The total grant funding provided by the Federal Government through the “Sydney’s Salty Communities Program” for management of foxes was $256,400 in addition, participating Councils provided $201,900 in in-kind support for a total project value of $458,300.

 

6.      As part of the grant funded project, the  Southern Sydney Fox Management Group undertook the following actions:

·        Ground baiting of foxes with sodium fluoroacetate (1080)

·        Fumigation of fox dens using carbon monoxide

·        Trapping of foxes using padded jaw traps

·        Ground shooting of foxes

·        Trapping of foxes using cage traps

·        Educating the community

·        Encouraging the community to repot fox sightings on Fox Scan

 

7.      A total of 8 foxes were removed from Georges River Council local government area with a total 151 foxes removed across the whole 15 Council areas through the 18 month grant program. Of the overall program 61% of Councils found the program to be effective in reducing fox numbers and improving the communities’ information on dealing with foxes in an urban context.

 

8.      As part of the project, a fox-specific southern Sydney portal of the Feral Scan website (feralscan.org.au/foxscan/sydneysouth) was set up to allow residents to report fox sightings across the region. The information is then mapped and also notes additional information such as fox movement, native species predation, diet and other behavioural elements.

 

9.      Education to promote Fox Scan awareness included posters, multi lingual website articles and information business cards that could be letter box dropped to residents.

 

10.    At the conclusion of the grant funded program, in December 2017 Councils were concerned that without funding the group would struggle to continue to provide the level of community engagement and fox culling initiatives. Southern Sydney Regional Organisation of Councils (SSROC) agreed to develop a Sydney Pest Animal Action Network to continue to work on minimising the impact of pest animals on native flora and fauna.

 

11.    Council has been approached by SSROC to reconvene the Sydney Pest Animal Action Network as in recent months, with the current drought, and lack of available food this has meant that foxes are becoming more brazen and recent sightings have occurred during the day. The next meeting of the Sydney Pest Animal Action Network hosted by SSROC will be in the 2nd week of October.  The group are developing their program on dealing with pests, foxes and feral animals.

 

12.    Council also contacted Local Land Services who previously worked with Councils in 2015.  Local Land Services are interested in assisting a regional group of Councils to carry out an Integrated Fox Management Program and provide advice on the culling the fox population. They have suggested the best time to implement this program is in spring and autumn.

 

13.    Local Land Services have indicated that an Integrated Fox Management Plan should include the following elements:

·        Surveys and studies of fox population and breeding viability.

·        Distribution of Education Package

·        Installation of Radio tracking and infrared cameras

·        Facilitating the culling of fox populations

 

Surveys and Studies

 

14.    This would build on information previously gathered during the grant funded project carried out by the Southern Sydney Fox Management Group and outlined above in 2015.  This will also include the data gathered from the Fox Scan website on recent fox siting’s. An on the ground study of fox den locations and hunting range would need to be completed by a suitably qualified contractor. 

 

 

 

 

Education packages

 

15.    Fox Scan is a fox-specific southern Sydney portal of the Feral Scan.  This program allows the ongoing monitoring and mapping of a range of feral animals including foxes to provide on ground evidence to authorities when feral animal populations negatively affect native vegetation and animal species. The website also contains printable educational information. This would allow Council to conduct letterbox drops in targeted residential areas where the foxes have been sighted.  

 

Installation of radio tracking and infrared cameras

 

16.    These devices monitor the movement of foxes and identify any possible dispersion into new areas. They involve catching the fox and attaching a radio tracking collar and also the installation of cameras.  These both need to be carried out by a suitably qualified contractor with appropriate signage.

 

Culling of fox populations

 

17.    Culling includes bringing together the information gathered through surveys, studies, fox scan mapping information and data from radio tracking and infrared cameras.  Culling includes trapping, den fumigation, fox detection dogs, habitat modification, and shooting and baiting control operations in appropriate circumstances and needs to be carried out by a suitably qualified contractor.

 

Next Steps

 

18.    Council is working to create biodiversity corridors to encourage and allow native species to flourish within Georges River.  Council will be updating in the next 12 months previous Biodiversity plans to align with the Office of Environment and Heritage (OEH) Sydney Green Grid which will include an implementation plan to encourage, monitor and maintain habitats for native animal species.

19.    Council will update the website on education information for residents and provide articles through social media, and through the distribution of information at branch libraries and at festivals and events to raise awareness of the issues around the increasing fox population and the Fox Scan website. Information will include how residents can assist to manage the impact of foxes by:

·           Not leaving pet food out overnight.

·           Not feeding foxes.

·           Not feeding native wildlife as it makes them more vulnerable to predators.

·           Keeping all bins covered.

·           Blocking entry points to drains and under buildings. (Use permeable material (eg mesh/wire).

·           Keeping domestic animals, such as poultry, in fox proof enclosures and ensure they are housed in these at night.

·           Reducing the cover given by weeds.

·           Turning outside lighting off at night to prevent attracting insects.

·           Reporting any illegal shooting or inhumane treatment to Police.

 

20.    Council staff writes to the relevant officer from Bayside Council, Sutherland Shire Council and National Parks Council and Local Land Services to gauge their interest in an Integrated Fox Management Plan.

 

21.    Council staff attends the Sydney Pest Animal Action Network meeting hosted by SSROC and gauge interest from the group in commencing an Integrated Fox Management Plan to be commence gathering data in spring 2018 with a culling program to be implemented in autumn 2019.

22.    Council staff commence a program to educate the community by placing material on the web relating to Fox Scan.

 

Conclusion

 

23.    Staff to contact adjoining Councils and relevant agencies about developing an Integrated Fox Management Program to manage the impact of foxes on native species.

24.    Council continues to be involved with the SSROC Sydney Rest Animal Action Network and understand the groups approach to addressing the growing fox problem in the region.

25.    A further report to be provided to Council on the Fox Scan program, the future direction of the Sydney Pest Animal Action Network and the outcomes of discussions with Bayside Council, Sutherland Shire Council and National Parks Council and Local Land Services to investigate a joint program relating to integrated management of foxes in the Georges River Local Government Area.

 

Financial Implications

26.    There are budget impacts for this report.

 

Risk Implications

27.    No risks identified.

 

Community Engagement

28.    Community engagement has not applicable.

 

File Reference

17/1831 and D18/172302

 

 

 

  


Georges River Council – Environment and Planning Committee Meeting -  Monday, 10 September 2018              Page 67

Item:                   ENV035-18        Amendment No. 9 to DCP No. 2 - Hurstville City Centre for 108, 112 and 124 Forest Road and 1 and 3 Wright Street, Hurstville (the 'Bing Lee' site) 

Author:              Senior Strategic Planner

Directorate:      Environment and Planning

Matter Type:     Committee Reports

 

 

 

Recommendation:

(a)     That Council resolve in accordance with Clause 21(1) (b) of the Environmental Planning and Assessment Regulation 2000, to approve Amendment No. 9 to DCP No. 2 – Hurstville City Centre.

(b)     That Council give public notice of the decision to approve Amendment No. 9 to DCP No. 2 – Hurstville City Centre in the local paper in accordance with Clause 21(2) and (4) of the Environmental Planning and Assessment Regulation 2000, stating that the amendment will commence upon the making of Hurstville Local Environmental Plan 2012 - Amendment No. 13.

(c)     That the Department of Planning and Environment be advised of Council’s decision to approve Amendment No. 9 to DCP No. 2 – Hurstville City Centre in accordance with the Environmental Planning and Assessment Act 1979.

(d)     That Council endorse the Director of Environment and Planning to make minor modifications to any numerical, typographical, interpretation and formatting errors, if required, in the finalisation of the draft plans.

 

 

Executive Summary

1.      At its meeting on 23 July 2018, Council resolved to approve Amendment No. 9 to DCP No. 2 – Hurstville City Centre with the following amendments:

a.      insert a new section relating to site amalgamation;

b.      amend the vehicle access requirements to enable flexibility of an additional access off Wright Street if supported by a traffic report; and

c.       insert a requirement for a surveyor’s certificate to accompany any Development Application for development on the site that indicates the break-up of the residential and non-residential floor area for the purpose of calculating the gross floor area.

 

2.      These changes have now been incorporated into Amendment No. 9 to DCP No. 2 – Hurstville City Centre. The purpose of this Report is to request Council to adopt Amendment No. 9 to DCP No. 2 – Hurstville City Centre (the Bing Lee DCP) for Nos. 108, 112 and 124 Forest Road and 1 and 3 Wright Street, Hurstville (refer to Attachment 1).

3.      Amendment No. 9 to the DCP will become effective when Hurstville Local Environmental Plan 2012 - Amendment No. 13 is gazetted.

 

4.      Council considered the Bing Lee Planning Proposal at its meeting on 23 July 2018. The Planning Proposal applies to Nos. 108, 112 and 124 Forest Road and 1 and 3 Wright Street, Hurstville and seeks to amend the Hurstville LEP 2012 (HLEP 2012) as follows:

·        Rezone parts of the site from B2 Local Centre and R3 Medium Density Residential to B4 Mixed Use (part of the site is already zoned B4 Mixed Use);

·        Increase the maximum height of the buildings on the site to a range between 34.5m and 46.5m (currently 9m, 12m and 23m);

·        Increase the maximum floor space ratio control on the site to 4:1 (currently 1:1, 1.5:1 and 4:1);

·        Remove the application of the lot size requirement for Nos. 1 and 3 Wright Street, Hurstville; and

·        Amend Clause 4.4A of HLEP 2012 to include a provision relating to the subject site stating that development consent must not be granted for development unless the non-residential floor space is at least 0.5:1

 

Background

5.      At its meeting on 21 June 2018, the Local Planning Panel (LPP) considered the Planning Proposal and the Bing Lee DCP for Nos.108, 112 and 124 Forest Road and 1 and 3 Wright Street, Hurstville. The LPP recommendations for the Bing Lee DCP included:

(a)     Additional access from Wright Street; and

(b)      Site amalgamations

6.      At its meeting on 23 July 2018, Council considered a report on the Planning Proposal and the Bing Lee DCP for the ‘Bing Lee’ site and in part resolved in relation to the Bing Lee DCP (inter alia):

d)      That the Development Application for the development on the site is to be accompanied by a surveyor’s certificate that indicates the break-up of the residential and non-residential floor area for the purpose of calculating the gross floor area. The requirement for a surveyor’s certificate is to be included in the DCP for the site.

 

e)      That Council resolve in accordance with Clause 21(1) (b) of the Environmental Planning and Assessment Regulation 2000, to approve Amendment No. 8 to DCP No. 2 – Hurstville City Centre, as exhibited with amendments to insert a new section relating to site amalgamation and amend the vehicle access requirements to enable flexibility of an additional access off Wright Street if supported by a traffic report.

 

f)       That Council give public notice of the decision to approve the amendment to DCP No. 2 – Hurstville City Centre in the local paper in accordance with Clause 21(2) and (4) of the Environmental Planning and Assessment Regulation 2000, stating that the amendment will commence upon the making of Hurstville Local Environmental Plan 2012 (Amendment No. 8).

 

g)      That the Department of Planning and Environment be advised of Council’s decision to approve Amendment No. 8 to DCP No. 2 – Hurstville City Centre in accordance with the Environmental Planning and Assessment Act 1979.

 

7.      This report relates to resolution (f) to note that the DCP Amendments were required to be inserted prior to the DCP being notified as adopted.

8.      The LPP and Council recommendations and how they have been addressed in the Bing Lee DCP are presented in Table 1 below:

 

LPP/Council recommendations and Council consideration

LPP recommendation (21 June 2018)

Amendment of Bing Lee DCP

The Panel considered that the following matters be reviewed in relation to Amendment No.8 to DCP No.2 – Hurstville City Centre:

(a) Additional access from Wright Street;

(b) Site amalgamations

Section 8.1 – 108, 112 and 124 Forest Road and 1 and 3 Wright Street, Hurstville (the “Bing Lee” site) of the draft DCP has been amended in response to the LPP recommendations as follows:

·   Section 8.1.3.1 – A new section titled ‘Site Amalgamation’ has been inserted to prevent the isolation of No. 3 Wright Street, Hurstville which is not in the ownership of Shanghai Lihua Pty Ltd. or SLH 108 Pty Ltd. They own the remaining lots; 108 and 112 and 124 Forest Road and 1 Wright Street, Hurstville.

Note: The content of this section has been incorporated from Section 5.3.1 Site Amalgamation of Amendment No. 8 to DCP No. 2 – Hurstville City Centre and was already a part of the documentation publicly exhibited from 25 April to 1 June 2018.

·   In response to the LPP recommendation of additional access for the subject site off Wright Street, Council’s Traffic section has advised the following:

Hudson Street was preferred to Wright Street due to the following reasons:

 

·    Hudson Street is much wider than Wright Street and accordingly can facilitate easier ingress and egress of large vehicles such as service vehicles and loading and unloading, which enables the property to be more self-sufficient in providing loading and unloading off our public road and into their private property.

·    Both Hudson Street and Wright Street have been shown to perform at a service level of F (See Notes below for Level of Service criteria) when SIDRA analysis was performed for 2021 network intersection performance as per Hurstville Traffic Modelling Report November 2015 prepared by GHD.

·    However in the same report, when mitigating measures (traffic signals and removal of parking on Forest Road) were implemented at both intersections, the results indicated that Hudson Street would perform at a better capacity than Wright Street, whereby Hudson Street would perform at service level B and Wright Street at service level C (see Level of Service Notes below).

 

·    However, should a development application be submitted that indicates that vehicular access can be maintained from both Hudson and Wright Streets, whereby all parking demands from the development can be accommodated on site, including loading and unloading vehicles, without the loss of significant public amenities and can demonstrate turning manoeuvres in and out of the site at both streets for all vehicles accessing the development, then Council would consider that alternative.

 

·    If Hudson Street is signalised in accordance with the GHD Report, November 2015, the SIDRA analysis indicates that Hudson Street would have more capacity within its intersection performance in comparison with Wright Street.

In response to the above, an additional control has been inserted after control b) of 8.1.3.9 (previously 8.1.3.8) Vehicle Access section of the draft DCP as follows:

An additional vehicle access may be provided off Wright Street if supported by a traffic report that demonstrates:

·    all parking demands from the development including loading and unloading vehicles, can be accommodated on site, without the loss of significant public amenities; and

·    it is demonstrated that turning manoeuvres in and out of the site for all vehicles accessing the development are maintained.

Notes on Level of Service (LoS) adapted from A Guide to Traffic Generating Developments (Roads and Maritime 2002):

LoS B - This level is in the zone of stable flow and drivers still have reasonable freedom to select their desired speed and to manoeuvre within the traffic stream, although the general level of comfort and convenience is little less than that of the level of Service A.

LoS C - This service level is also in the zone of stable flow, but most drivers are restricted to some extent in their freedom to select their desired speed and to manoeuvre within the traffic stream. The general level of comfort and convenience declines noticeably at this level.

LoS F - This service level is in the zone of forced flow. With it, the amount of traffic approaching the point under consideration exceeds that which can pass it. Flow break-down occurs and queuing and delays result.

Council resolution (23 July 2018)

Amendment of Bing Lee DCP

That the Development Application for the development on the site is to be accompanied by a surveyor’s certificate that indicates the break-up of the residential and non-residential floor area for the purpose of calculating the gross floor area. The requirement for a surveyor’s certificate is to be included in the DCP for the site.

 

In response to Council’s resolution, the Bing Lee DCP has been amended by inserting an additional section at 8.1.3.1; titled Surveyor’s Certificate as follows:

 

A Development Application for the site must be accompanied by a surveyor’s certificate that indicates the break-up of the residential and non-residential floor area for the purpose of calculating the gross floor area.

 

Table1: LPP (21 June) and Council (23 July) recommendations and amendment of the Bing Lee DCP

 

9.      This Report requests Council adopt the Bing Lee DCP and place a public notice in the local newspaper within 28 days of Council’s decision stating that the DCP will become effective upon the gazettal of Hurstville LEP 2012 – Amendment No. 13 (Bing Lee LEP).

 

Financial Implications

10.    There are no budget impacts for this report.

 

Risk Implications

11.    No risks identified.

 

Community Engagement

12.    Community engagement was conducted from 25 April to 1 June 2018 in accordance with the provisions of the Act and Regulation and Council considered the submissions received in a Council Report dated 23 July 2018.

 

File Reference

17/2532

 

 

ATTACHMENTS

Attachment 1

Amendment No. 9 to DCP No. 2 - Hurstville City Centre

 


Georges River Council - Environment and Planning Committee Meeting - Monday, 10 September 2018

ENV035-18             Amendment No. 9 to DCP No. 2 - Hurstville City Centre for 108, 112 and 124 Forest Road and 1 and 3 Wright Street, Hurstville (the 'Bing Lee' site)

[Appendix 1]          Amendment No. 9 to DCP No. 2 - Hurstville City Centre

 

 

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