AGENDA


Environment and Planning Committee

 

Monday, 07 December 2020

7.00pm

 

Dragon Room (Level 1,Georges River Civic Centre,

Hurstville)

and

Skype Online Meeting

 

 

 

 

 

 

 

 

 

 

 

 


Georges River Council –     Environment and Planning -  Monday, 7 December 2020                                                   Page 2

 

          Environment and Planning

ORDER OF BUSINESS

 

1.      OPENING

2.      ACKNOWLEDGEMENT OF COUNTRY

3.      APOLOGIES / LEAVE OF ABSENCE

4.      NOTICE OF WEBCASTING

5.      DISCLOSURES OF INTEREST

6.      PUBLIC FORUM

7.      CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

ENV047-20       Confirmation of the Minutes of the Environment and Planning Committee meeting held on 9 November 2020

(Report by Executive Services Officer)....................................................................... 3  

8.      COMMITTEE REPORTS

ENV048-20       Report on Submissions - Planning Proposal for the Reclassification of Taylors Reserve, Lugarno

(Report by Coordinator Strategic Planning)............................................................ 10

ENV049-20       Generic Plans of Management

(Report by Strategic Planner).................................................................................. 183

ENV050-20       Former Oatley Bowling Club Site and Closed Road Plan of Management and Masterplan

(Report by Strategic Planner).................................................................................. 210  

 

 


Georges River Council –     Environment and Planning -  Monday, 7 December 2020                                                   Page 3

Confirmation of Minutes of Previous Meetings

Item:                   ENV047-20   Confirmation of the Minutes of the Environment and Planning Committee meeting held on 9 November 2020 

Author:              Executive Services Officer

Directorate:      Office of the General Manager

Matter Type:     Previous Minutes

 

 

RECOMMENDATION:

That the Minutes of the Environment and Planning Committee Meeting held on 9 November 2020 be confirmed.

 

 

 

ATTACHMENTS

Attachment 1

Unconfirmed Minutes of the Environment and Planning Committee Meeting 9 November 2020


Georges River Council -         Environment and Planning - Monday, 7 December 2020

ENV047-20             Confirmation of the minutes of the previous meeting held on 9 November 2020

[Appendix 1]          Unconfirmed Minutes of the Environment and Planning Committee Meeting 9 November 2020

 

 

Page 9

 


 


 


 


 


 

 


Georges River Council –     Environment and Planning -  Monday, 7 December 2020                                                   Page 38

COMMITTEE REPORTS

 

Item:                   ENV048-20   Report on Submissions - Planning Proposal for the Reclassification of Taylors Reserve, Lugarno 

Author:              Coordinator Strategic Planning

Directorate:      Environment and Planning

Matter Type:     Committee Reports

 

 

Recommendation:

(a)     That Council note the submissions received during the public exhibition of the Planning Proposal PP2017/0003.

(b)     That Council adopt the proposed amendments to Hurstville Local Environmental Plan 2012 as exhibited in relation to part of Lot 1 and whole of Lot 2 DP1200078, Taylors Reserve, Lugarno to:

a.      Amend Part 2 to Schedule 4 of HLEP 2012 to include Lot 2 and part of Lot 1 in Deposited Plan 1200178 and noting in Column 3 Any trusts etc not discharged as Reservations to the Crown Grant and minerals; and

b.      Add a new map to HLEP 2012 titled ‘Land Reclassification (Part Lots) Map - Sheet RPL_003’ which identifies part of Lot 1 in Deposited Plan 1200178 outlined in red as ‘Operational Land’.

(c)     That Council forward the Planning Proposal for gazettal to the Department of Planning, Industry and Environment in accordance with Section 3.36 of the Environmental Planning and Assessment Act 1979.

(d)     That all persons who made a submission to the Planning Proposal be advised of Council’s decision.

(e)     That Council in accordance with the Report on the Public Hearing and the Tree Assessment Report, endorses the following matters in relation to the planning, design and construction of any vehicle access:

i.     maintain the existing alignment of the informal accessway in order to retain tree canopy and maximise the area available for public use of Taylors Reserve;

ii.    the design for the proposed vehicle access should minimise the impact on the 19 mature trees;

iii.   implement a program to replace the mature trees that will be required to be removed with plantings of appropriate species within Taylors Reserve;

iv.   prepare an independent Arboricultural Impact Assessment completed by a Level  5 Arborist that:

-        Identifies trees proposed to be removed or retained;

-        Identifies the impact that the proposed development will have on the surrounding trees; and

-        Is developed in accordance with AS4970-2009 Protection of trees on development sites.

v.    Investigate the provision of private vehicular access to the residential properties (as an alternative to a public road) as a proposed “right of way” across Taylors Reserve, Lugarno;

vi.   Offset the loss of open space in Taylors Reserve during the preparation and implementation of Council’s draft Open Space Expansion and Acquisition Plan.

(f)      That the General Manager prepare a report to Council in March 2021 that addresses the findings of the Public Hearing and Tree Assessment Reports, proposed removal of mature trees, vehicle access design and construction costs, and funding sources for the proposed construction of vehicle access and the compulsory acquisition of new open space to offset the loss of open space in Taylors Reserve.

 

Executive Summary

1.      The purpose of this report is to advise Council of the outcome of the public exhibition of a Planning Proposal (PP2017/0003) for part of Lot 1 and whole of Lot 2 DP1200078, Taylors Reserve, Lugarno.

2.      The Planning Proposal and supporting documentation were publicly exhibited for a period exceeding 28 days, from 18 June 2020 to 7 August 2020. A total of one public authority submission and 16 community submissions were received. The main issues raised were loss of open space, impact on trees, traffic impacts, and potential development of Taylors Reserve. However, several submissions supported the delivery of a public road to improve and formalise access.

3.      On 30 September 2020, a public hearing was independently chaired by Michael McMahon from M.E McMahon & Associates. The report of the hearing supported the reclassification of Lot 2 and part of Lot 1 of DP1200078 from "Community Land” to “Operational Land”.

4.      There are no recommended changes to the Planning Proposal as a result of the public exhibition period or public hearing. However, it is now recommended that Council note the considerations and recommendations from the Public Hearing report and Council’s Tree Assessment report.

5.      It is recommended that the Planning Proposal be forwarded to the Department of Planning, Industry and Environment (DPIE) for gazettal.

Background

6.      In August 2017, Georges River Council resolved to proceed with the reclassification of Lot 2 DP1200178 from Community Land to Operational Land for Right of Way and Easement purposes only (not for a public road).

7.      A Planning Proposal was prepared in August 2017 and referred to the (then) Department of Planning and Environment for a Gateway Determination.

8.      The Planning Proposal was placed on public exhibition from 15 November to 13 December 2017. Two submissions were received which did not require amendments to the Planning Proposal to be made. On 28 March 2018 a public hearing was independently chaired by Michael McMahon from M.E McMahon & Associates. The report of the hearing supported the reclassification of Lot 2 from "community land to “operational land”.

9.      Council sought and received an Alteration of Gateway on 17 July 2018. The Alteration of Gateway provided for an amended timeframe for completing the LEP by 14 October 2018.

10.    On 26 November 2018 a supplementary report (Attachment 4 – Finance and Governance Committee Report – Provision/Construction of Private Vehicular Access to Residential Properties Across Taylors Reserve, Lugarno) was considered by Council which identified the need to reclassify part of Lot 1 DP1200178, in addition to Lot 2, to enable the delivery of a public road that aligned with Council’s preferred option of a 6m wide road delivered to Australian Standards. At this meeting Council resolved that the road be a public road constructed at no cost to residents. The estimated cost of the road design and construction at that time was $550,000.

11.    An assessment by Council in June 2020 (Attachment 5 – Taylors Reserve Tree Assessment) of the potential impact of the delivery of a public road (as per the preferred scheme)  identified three trees that may be considered for removal due to their health and condition having been compromised by environmental conditions.

12.    Due to the need to include the reclassification of part of Lot 1 as a requirement of the preferred option, an amended Planning Proposal was prepared by Planning Ingenuity on behalf of Council reflecting the full extent of land to be reclassified to accommodate a public road.

13.    At its meeting on 5 September 2019, the Georges River Local Planning Panel (“LPP”) considered the amended Planning Proposal (Attachment 1– Planning Proposal) and recommended that Council endorse the Planning Proposal and its recommendations.

14.    An outcome of the LPP meeting of 5 September 2019 included Recommendation 4 – That should an Alteration to Gateway Determination be issued by DPIE to permit exhibition of the amended planning proposal, a post-exhibition report be provided to the LPP and Council outlining any submissions received during the exhibition period, including any submission made at the public hearing.

15.    However, the Local Planning Panels Direction – Planning Proposals, Direction 3 requires Council to only  seek advice from the LPP prior to consideration to proceed the matter under Section 3.34 of the Environmental Planning and Assessment Act 1979. As such, Council is under no statutory obligation to refer this matter back to the LPP at this stage, however may choose to do so.

16.    The Planning Proposal is considered acceptable for the following reasons:

i.     The amended Proposal is not inconsistent with the NSW and Georges River Council strategic planning framework;

ii.    The Community Land classification restricts Council from formalising the existing on ground access from which adjoining properties currently benefit. The reclassification will enable Council to dedicate part of Lot 1 and Lot 2 as a public road at a later stage;

iii.   A public road is considered to be inconsistent with the current Plan of Management (POM) that covers Taylors Reserve, a reclassification will remove the legal requirement for affected land to managed via a POM as per LG Act;

iv.   The reclassification to Operation Land enabled existing estates or interests in part of Lot 1 and Lot 2 to be discharged;

v.    The current access arrangements are not formalised.  Following a reclassification Council will have the opportunity and power to grant an estate such as a right of carriageway or right of access to the adjoining land; and

vi.   Council may have been considered to be acting in breach of the LG Act by allowing the use of Lot 2 as an accessway by adjoining landowners.

17.    This justification was accepted by the LPP, who subsequently recommended that Council endorse the Planning Proposal.

18.    As the site relates to Council-owned land, an assessment of the Planning Proposal was prepared by Mecone and reported to Council’s Environment and Planning Committee on 14 October 2019. At this meeting the Committee recommended that Council endorse the Planning Proposal and undertake community consultation and a public hearing on the matter. The Committee’s recommendation was considered and adopted by Council at its meeting on 28 October 2020.

19.    In accordance with the Council resolution the Planning Proposal was forwarded to the DPIE, and Council received an Alteration to Gateway Determination on 30 March 2020 (Attachment 2 – Alteration to Gateway Determination). The Alteration required Council to finalise the proposed LEP amendment by 30 November 2020 and prepare supplementary material for exhibition, which is included in (Attachment 1).

20.    The Planning Proposal and supporting documentation were publicly exhibited from 18 June 2020 to 7 August 2020. A total of 16 community submissions were received, primarily raising concerns relating to loss of open space, impact on trees, traffic impacts and potential development at Taylors Reserve. Several submissions supported the delivery of a public road to improve and formalise access. Attachment 6 provides a summary of submissions and this will be further addressed later in this report.

21.    A single public authority was consulted, being the NSW Rural Fire Service (RFS). The RFS raised no objection to the Planning Proposal (Attachment 7 – NSW RFS Submission).

22.    A public hearing was held on 30 September 2020 (Attachment 8 – Public Hearing Report), independently chaired by Michael McMahon from M.E McMahon & Associates. The report of the hearing supports the reclassification of Lot 2 and part of Lot 1 of DP1200178 from "Community Land to “Operational Land”.

23.    The Subject Site and Locality

The site subject to the Planning Proposal is Taylors Reserve located in the suburb of Lugarno as detailed in Figure 1. The site is within 230 metres of the Georges River and is comprised of two lots identified in Figure 2 and Table 1.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Figure 1 – Location of Subject Site

 

 

 

Figure 2 – Subject Site

 

Table 1 – Taylors Reserve – Lots, Area and Ownership

Lot and DP

Area (m2)

Ownership

Lot 1 DP 1200178

5,877 m2

Georges River Council

Lot 2 DP 1200178

2,899 m2

Georges River Council

TOTAL

8,776m2

 

24.    Taylors Reserve is under the ownership and management of Georges River Council and does not contain any Council buildings. The majority of Taylors Reserve is a park that contains a Scout Hall, public toilets and playground equipment along the Lime Kiln Road frontage. The site also contains a large grassed area. There are several mature trees within the site which are considered to contribute positively to the amenity, aesthetics and ecological values of the area.

25.    An informal road, referred to as Taylor Avenue, runs through part of Taylors Reserve. Taylor Avenue links Lime Kiln Road and Woodlands Avenue via Lot 2 of Taylors Reserve. Taylor Avenue is used by Council in particular for waste services and maintenance purposes. It is believed that this has been used by Council (be that Hurstville or Georges River) since the 1960s.

26.    Taylor Avenue is also used by adjoining residents for informal access to their properties. Currently there are no legal arrangements for access to adjoining properties over Lot 2 via easements or other means. Figure 3 identifies those properties with pedestrian and vehicular access to Taylors Reserve via Lot 2.

27.    It should be noted that this amended Planning Proposal does not seek to enable access to Taylors Reserve for properties that adjoin Lot 1 – these properties are Nos. 18, 20, 22, 24, 26A & 28A Lime Kiln Road and No. 2 Woodlands Avenue.

 

 

Figure 3 – Neighbouring properties with vehicles and/or pedestrian access to Lot 2 DP 1200178

 

 

 

 

 

 

 

 

 

 

 

 

28.    Figure 4 details the boundaries of the land proposed to be reclassified.

A picture containing building, people, table, sitting

Description automatically generated

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Figure 4 – Reclassification Boundaries

29.    Current Planning Controls

The principal planning instrument governing Taylors Reserve is the Hurstville Local Environmental Plan (HLEP) 2012. Table 2 below provides an overview of the key local planning controls contained in the HLEP 2012 in relation to the site. Figure 5 provides the current land use zoning for Taylors Reserve and its surrounds. The proposal does not include the rezoning of the RE1 – Public Recreation land that makes up Taylors Reserve.

Table 2 – HLEP 2012 controls applying to Taylors Reserve

Clause/standard

Provision

Zoning

RE1 Public Recreation

Objectives of zone

·    To enable land to be used for public open space or recreational purposes.

·    To provide a range of recreational settings and activities and compatible land uses.

·    To protect and enhance the natural environment for recreational purposes.

Permitted without consent

 

Environmental facilities; Environmental protection works; Roads.

Permitted with consent

 

Aquaculture; Building identification signs; Business identification signs; Centre-based childcare facilities; Community facilities; Information and educational facilities; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes.

Prohibited

 

Any development not specified in item 2 or 3 (above)

Height of Building

N/A

Floor Space Ratio

N/A

Minimum Lot Size

N/A

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Figure 5 – Existing Zoning HLEP 2012

Draft Planning Controls

30.    The draft Georges River Local Environmental Plan 2020 (GRLEP 2020) is a draft planning instrument proposed to supersede the HLEP 2012 and therefore the land use zoning and development standards governing Taylors Reserve.

31.    Table 3 below provides an overview of the key local planning controls contained in the draft GRLEP 2020 in relation to the site.

32.    Of note for this Planning Proposal, ‘Roads’ are permitted without consent in the HLEP 2012, however, ‘Roads’ are to be permitted with consent under the draft GRLEP 2020. This may have potential implications for the planning pathway for the delivery of Taylors Avenue.

Table 3 – Draft GRLEP 2020 controls applying to Taylors Reserve

Clause/standard

Provision

Zoning

RE1 Public Recreation

Objectives of zone

·    To enable land to be used for public open space or recreational purposes.

·    To provide a range of recreational settings and activities and compatible land uses.

·    To protect and enhance the natural environment for recreational purposes.

Permitted without consent

 

Environmental facilities; Environmental protection works.

Permitted with consent

 

Aquaculture; Boat launching ramps; Centre-based child care facilities; Emergency services facilities; Information and education facilities; Jetties; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads; Signage; Take away food and drink premises; Water recreation

structures; Water storage facilities.

Prohibited

 

Any development not specified in item 2 or 3 (above)

Height of Building

N/A

Floor Space Ratio

N/A

Minimum Lot Size

N/A

33.    Description of Planning Proposal

In order to reclassify the subject land, the Planning Proposal seeks to amend the provisions of the HLEP 2012 for part of the land known as Taylors Reserve. The intention of the amended Planning Proposal is to reclassify part of Lot 1 and the whole of Lot 2 DP 1200178 from “Community Land” to “Operational Land” under the LG Act.

34.    This Planning Proposal seeks to:

a.      Amend Part 2 to Schedule 4 of HLEP 2012 to include Lot 2 and part of Lot 1 in Deposited Plan 1200178 and noting in Column 3 Any trusts etc not discharged as Reservations to the Crown Grant and minerals; and,

b.      Add a new map to HLEP 2012 titled ‘Land Reclassification (Part Lots) Map - Sheet RPL_003’ which identifies part of Lot 1 in Deposited Plan 1200178 outlined in red as ‘Operational Land’.

35.    It should be noted that the 14 October 2019 report to the Environment and Planning Committee included a recommendation that Council endorse the Planning Proposal to amend the HLEP 2012 to:

Add a new map to HLEP 2012 titled ‘Land Reclassification (Whole Lots) Map - Sheet RPL_003’ which identifies Lot 2 in Deposited Plan 1200178 outlined in red as ‘Operational Land’.

Council subsequently adopted this recommendation as its meeting on 28 October 2019. However, in accordance with section 12.11 Land Reclassification (Part Lots) in the Standard Technical Requirements for Spatial Datasets and Maps, August 2017 (DPIE), if a land reclassification applies to the whole lot, the preparation of a whole lots reclassification map is not required.

36.    The proposed amendments to the HLEP 2012 Land Classification (Part Lots) Map, as identified are shown in Figure 6 and Figure 7 below.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Figure 6 – Proposed amendment to the HLEP 2012 Land Reclassification (Part Lots) Map

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Figure 7 – Proposed amendment to the HLEP 2012 Land Reclassification (Part Lots) Map (magnified)

It is noted the Planning Proposal intends to resolve the following outstanding matters, with regard to the current use of Taylors Avenue as an informal road:

i.     The Community Land classification restricts Council from formalising the existing on ground access from which adjoining properties currently benefit. A reclassification will enable Council to dedicate part of Lot 1 and Lot 2 as a public road at a later stage;

ii.    A public road is considered to be inconsistent with the current POM that covers Taylors Reserve, a reclassification will remove the legal requirement for the affected land to be managed via a POM as per the LG Act;

iii.   Reclassification to Operational Land will enable existing estates or interests in part of Lot 1 and Lot 2 to be discharged;

iv.   The current access arrangements are not formalised. Following a reclassification Council will have the opportunity and power to grant an estate such as a right of carriageway or right of access to the adjoining land; and

v.    Council may have been considered to be acting in breach of the LG Act by allowing the use of Lot 2 as an accessway by adjoining landowners.

37.    Assessment of the Planning Proposal

Consideration of the Planning Proposal request in relation to the Greater Sydney Region Plan (A Metropolis of Three Cities) and the South District Plan is provided below.

38.    A Metropolis of Three Cities

The Greater Sydney Region Plan (the Plan), A Metropolis of Three Cities, published in March 2018 outlines a vision for Sydney to 2056. The Plan’s 40 year vision is built upon a 20 year plan to manage the built and natural environment to accommodate the anticipated growth of Greater Sydney. The Plan includes 40 Objectives that further outline the intended outcomes of the Plan. The Objectives are supported by a series of Strategies and Actions that will give effect to the vision. These Strategies are to be adopted and Actions implemented by NSW Government agencies and local government. Of relevance to this proposal are the following Objectives:

39.    Objective 1 Infrastructure supports the three cities

This Objective outlines the planning of infrastructure to support the three-city vision including infrastructure that delivers the 30-minute city as well as new health, cultural, education and community infrastructure to support growth within each city.

The amended Planning Proposal will result in local scale infrastructure that improves upon the current conditions of Taylors Avenue. It does not aim to deliver city-shaping infrastructure or further improve 30-minute accessibility. Nonetheless, it is considered that the amended Planning Proposal is consistent with this Objective.

40.    Objective 30 Urban tree canopy is increased

The expansion of the urban tree canopy in the urban realm is a direction that has potential to deliver environmental and community benefits. This includes reduction of heat island effects, providing habitat and offering shade to pedestrian and other active transport users. This Objective sets a target to increase tree canopy cover across Greater Sydney from 23 per cent to 40 per cent. 

The amended Planning Proposal will (assuming the proposed road design adopted by Council on 26 November 2018) result in the removal of five mature trees and impact on the amenity and visual aesthetic appearance of the Reserve. In order to address this, Council have expressed the intention to replace any trees required to be removed with plantings of appropriate species within Taylors Reserve resulting in no net reduction of trees. At the 28 October 2019 Council meeting Georges River Council resolved to:

i.     Note the planning and delivery of the road is to be a separate process;

ii.    Consider maintaining the existing alignment of the informal accessway in order to retain tree canopy, noting the low traffic volumes and low design speed offers the flexibility to do so;

iii.   If the trees are to be removed, commit to a program to replace the mature trees that are required to be removed with plantings of appropriate species within Taylors Reserve in accordance with its Tree Management Policy.

It is also now recommended that in conjunction with the above and to inform the design of the roadway:

1.      Council consider Part 4 – Consideration of the Public Hearing report, which outlines a number of questions to Council to consider in the planning and delivery of the road. These questions being:

a.      Are there any designs for the proposed road that minimise the impact on the trees?

b.      Would it be possible to have the public road in the position of the “proposed right of way” as detailed in the Finance and Governance Committee Report – Provision/Construction of Private Vehicular Access to Residential Properties Across Taylors Reserve, Lugarno, dated 16 November 2018 (Attachment 4)?

2.      Council consider the recommendations of the Tree Assessment report in that if trees are to be impacted as a result of the road design, Council prepare:

a.      An Arboricultural Impact Assessment completed by a Level 5 Arborist that:

i.     Identifies trees to be removed or retained;

ii.    Identifies the possible impact of the proposed development may have on the surrounding trees;

iii.   Provides guidance on design and construction methods proposed to minimise impacts on retained trees where there is encroachment into calculated Tree Protection Zones; and

iv.   Is developed in accordance with AS4970-2009 Protection of trees on development sites.

b.      A Review of Environmental Factors such as ecological report and the significance of the local vegetation, which is to be undertaken by suitably qualified personnel.

In consideration of the above, the amended Planning Proposal is considered to not be inconsistent with the above Objective.

 

41.    Objective 31 Public open space is accessible, protected and enhanced

This Objective seeks to maximise the use of existing open space and protect, enhance and expand public open spaces through a variety of approaches.

In addition to land already used as an informal road in Lot 2, the Planning Proposal (assuming  the proposed road design adopted by Council on 26 November 2018) will result in the loss of approximately 320m2 of public open space in part of Lot 1, equating to a roughly 5 per cent reduction of open space in Taylors Reserve.

Part of Lot 1 (to be reclassified) is approximately 5 metres at its widest, with a length of approximately 150 metres. The main functions of the open space, being the playground and Scout Hall will remain uncompromised and the passive and recreational opportunities in the grassed area will not be impacted.

As outlined in the Planning Proposal, there will be no change to zoning of the land for public recreation. The establishment of legal access for adjoining properties will not prevent continued public access to Taylors Reserve as the access track must remain open at all times and the interests of public access will need to be considered in any future access agreements negotiated between Council and adjoining landowners.

Council at its meeting held 26 August 2019 endorsed the Open Space, Recreation and Community Facilities Strategy. The overarching purpose of the Strategy is to ensure that the community within the Georges River LGA has adequate access to facilities and spaces to enhance the liveability of the city. These are places and spaces to meet and make connections, to keep fit and play sport, to connect with and enjoy the natural environment, to learn and celebrate the unique Georges River culture and lifestyle. The Strategy indicates that there is an estimated shortfall of 7.3ha (12.4ha including ancillary facility area) by 2036 if no new supply or developments that improve the capacity of existing supply of sport and recreation facilities are provided.

The volume of area of open space to be used for road, as per the road design adopted by Council on 26 November 2018, is not considered to be of a dimension that will be detrimental to the continued use or function of the Reserve. Nonetheless at the 28 October 2019 Council meeting Georges River Council resolved to: 

ii.    Note the planning and delivery of the road is to be a separate process;

iii.   Consider maintaining the existing alignment of the informal accessway in order to maximise the area available for public use of Taylors Reserve, noting the low traffic volumes and low design speed offers the flexibility to do so; and

iv.   Consider the loss of any open space as part of implementing the Open Space, Recreation and Community Facilities Strategy.

It is also now recommended that in conjunction with the above and to inform the design of the roadway that Council consider Part 4 – Consideration of the Public Hearing report and the recommendations of the Tree Assessment report (outlined above).

In consideration of the above, the amended Planning Proposal is considered to not be inconsistent with the above Objective.

42.    South District Plan

The South District Plan was published with the Greater Sydney Region Plan in March 2018. The South District Plan reflects the vision of the Region Plan, giving it effect at the District level. Through a series of Planning Priorities and actions, the District Plan informs local environmental plans, local strategic planning statements as well as other supporting strategies and policies. Of relevance to this proposal are the following Planning Priorities:

43.    Planning Priority S15 – Increasing urban tree canopy cover and delivering Green Grid connections

As noted above, the amended Planning Proposal may result in the removal of five mature trees and a reduction of tree canopy cover (based on the road design adopted by Council on 26 November 2018).

 

As outlined above on 28 October 2019, Council resolved at its meeting to replace any removed trees with plantings of appropriate species within Taylors Reserve resulting in no net reduction of trees, adopting the resolutions outlined in paragraph 41. Further, additional recommended actions are proposed, also outlined in paragraph 41.

 

In consideration of the above, the amended Planning Proposal is considered to not be inconsistent with the above Planning Priority.

 

44.    Planning Priority S16 – Delivering high quality open space

As noted above, there will be a minor loss of open space resulting from the amended Planning Proposal as per the road design adopted by Council on 26 November 2018. Nonetheless, at the 28 October 2019 Council meeting Georges River Council resolved to undertake a series of actions to manage any impacts on open space (see paragraph 42 above).

In consideration of the above, the amended Planning Proposal is considered to not be inconsistent with the above Planning Priority.

45.    Council’s Local Strategic Plans

Consideration of the Planning Proposal in relation to Council’s local strategic plans is provided below.

46.    Georges River Local Strategic Planning Statement 2040

The Georges River Local Strategic Planning Statement (LSPS) 2040 outlines a series of priorities and actions that give effect to the directions for Council in the South District Plan. This includes actions addressing housing, liveability, sustainability, and productivity themes and issues. The LSPS Planning Priorities and their supporting actions of relevance to this Planning Proposal include:

i.     Priority P17 Tree canopy, bushland, landscaped settings and biodiversity are protected, enhanced and promoted.

ii.    Action A88. Implement the Tree Management Policy to increase urban tree canopy and biodiversity across the LGA.

iii.   Priority P19. Everyone has access to quality, clean, useable, passive and active open and green spaces and recreation places.

iv.   Action A102. Prepare required new plans of management for Council-managed parks and reserves that guide the development and embellishment of open space to support a variety of uses and changing needs.

v.    Action A106. Develop an open space expansion plan and funding program that includes exploring acquisition of land to create public open space using both government owned land and innovative solutions.

As noted above, the amended Planning Proposal will result in the reduction of tree canopy coverage and volume of open space within the LGA. However, to address these issues Council resolved at its meeting on 28 October 2019 to:

i.     Note the planning and delivery of the road is to be a separate process;

ii.    Consider maintaining the existing alignment of the informal accessway in order to retain tree canopy and maximise the area available for public use of Taylors Reserve, noting the low traffic volumes and low design speed offers the flexibility to do so; and

iii.   If trees are to be removed, commit to a program to replace the mature trees that are required to be removed with plantings of appropriate species within Taylors Reserve in accordance with its Tree Management Policy, and

iv.   Consider the loss of any open space as part of implementing the Open Space, Recreation and Community Facilities Strategy.

In consideration of the above mitigation measures proposed and the new recommendations as outlined in paragraphs 41 and 42 the Planning Proposal is consistent with the LSPS’s Priorities and Actions.

47.    Hurstville Local Environmental Plan 2012

The principal planning instrument governing Taylors Reserve is the HLEP 2012. An overview of the key local planning controls contained in the HLEP 2012 in relation to the site is provided earlier in this report (Table 2).

 

48.    The amended Planning Proposal does not seek to rezone the land. Roads are permissible without consent within the RE1 Public Recreation zone and the amended Planning Proposal is considered to be consistent with the current zoning objectives.

49.    Draft Georges River Local Environmental Plan 2020

An overview of the key local planning controls contained the draft GRLEP 2020 which is a draft planning instrument proposed to supersede the HLEP 2012 is provided earlier in this report (Table 3).

50.    Of note for this Planning Proposal, ‘Roads’ are to be permitted with consent under the draft GRLEP 2020. This may have potential implications for the planning pathway for the delivery of Taylors Avenue.

State and Regional Statutory Framework

51.    State Environmental Planning Policies

There are no State Environmental Planning Policies that apply to the Planning Proposal.

52.    S9.1 Ministerial Directions

Ministerial Directions under Section 9.1 (formerly S117) of the Environmental Planning & Assessment Act 1979 set out a range of matters to be considered when preparing an amendment to a Local Environmental Plan.

53.    The Planning Proposal is considered to be consistent with all relevant Ministerial Directions as assessed in Table 4 below:

Table 4 - Assessment of the Planning Proposal against Section 9.1 Ministerial Directions

Ministerial Direction

Compliance of Planning Proposal with S9.1 Directions

Complies Yes/No

2.6 Remediation of Contaminated Land

What a Relevant Planning Authority (RPA) must do:

(4) A planning proposal authority must not include in a particular zone (within the meaning of the local environmental plan) any land specified in paragraph (2) if the inclusion of the land in that zone would permit a change of use of the land, unless:

(a) the planning proposal authority has considered whether the land is contaminated,

and

(b) if the land is contaminated, the planning proposal authority is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for all the purposes for which land in the zone concerned is permitted to be used, and

(c) if the land requires remediation to be made suitable for any purpose for which land in that zone is permitted to be used, the planning proposal authority is satisfied that the land will be so remediated before the land is used for that purpose.

In order to satisfy itself as to paragraph (4)(c), the planning proposal authority may need to include certain provisions in the local environmental plan.

(5) Before including any land specified in paragraph (2) in a particular zone, the planning proposal authority is to obtain and have regard to a report specifying the findings of a preliminary investigation of the land carried out in accordance with the contaminated  land planning guidelines.

 

Comment: The Planning Proposal will enable the delivery of a road and the formalising of access arrangements. The Proposal does not include a change of land use.

Prior to 1959 the site was part of a poultry farm, which was then subdivided with the land now known as Taylors Reserve dedicated as a Public Garden and Recreation Space. Poultry farms are not uses identified in Table 1 of Managing Land Contamination: Planning Guidelines SEPP 55–Remediation of Land.

Yes

4.1

Acid Sulfate Soils

What a RPA must do:

The direction requires that a RPA must consider an acid sulfate soils study assessing the appropriateness of the change of land use given the presence of acid sulfate soils.

Comment: HLEP 2012 Acid Sulfate Soils Map ASS_003 indicates the site does not contain acid sulfate solids. Further, the Planning Proposal does not seek to change the land use or works which would trigger the need for an acid sulfate soils study.

Yes

6.1

Approval and Referral Requirements

A planning proposal must:

·    minimise the inclusion of provisions that require the concurrence, consultation or referral of development applications to a Minister or public authority, and

·    not contain provisions requiring concurrence, consultation or referral of a Minister or public authority unless the RPA has obtained approval, and

·    not identify development as designated development unless the RPA has obtained the approval of the Director-General of the Department of Planning.

Comment: The Planning Proposal does not seek to introduce additional concurrence requirements nor identify the development as designated development.

The Roads Act 1993 Part 2 Division 1 establishes that Council may, by notice published in the Gazette, dedicate any land held by it as a public road. Upon publication of the notices the land is dedicated as a public road. As such, no concurrences are required for the dedication of Lot 2 and part of Lot 1 as a public road.

Yes

6.2

Reserving Land for Public Purposes

The objectives of this direction are:

(a) to facilitate the provision of public services and facilities by reserving land for public purposes, and

(b) to facilitate the removal of reservations of land for public purposes where the land is no longer required for acquisition.

What a RPA must do:

A planning proposal must not create, alter or reduce existing zonings or reservations of land for public purposes without the approval of the relevant public authority and the Director-General of the Department of Planning (or an officer of the Department nominated by the Director-General).

A planning proposal may be inconsistent with the terms of this direction only if the relevant planning authority can satisfy the Director-General of the Department of Planning (or an officer of the Department nominated by the Director-General) that:

·    with respect to a request referred to in paragraph (7), that further information is required before appropriate planning controls for the land can be determined, or

·    the provisions of the planning proposal that are inconsistent with the terms of this direction are of minor significance.

 

Comment: The Planning Proposal does not seek to reduce the existing RE1 Public Recreation zone or any reservations for land for public purposes, nor the public’s access to Taylors Reserve.

Yes

6.3 Site Specific Provisions

A planning proposal that will amend another environmental planning instrument in order to allow a particular development proposal to be carried out must either:

(a) allow that land use to be carried out in the zone the land is situated on, or

(b) rezone the site to an existing zone already applying in the environmental planning instrument that allows that land use without imposing any development standards or requirements in addition to those already contained in that zone, or

(c) allow that land use on the relevant land without imposing any development standards or requirements in addition to those already contained in the principal environmental planning instrument being amended.

A Planning Proposal must not contain or refer to drawings that show details of the development proposal.

 

Comment: The Planning Proposal will amend the HLEP 2012, identifying the land as reclassified as “operational” with interest changed in Part 2 of Schedule 4. The amended Planning Proposal does not seek to include any further amendments to the HLEP 2012. This will enable the construction of a road which is permitted as development without consent in the RE1 Public Recreation zone.

Yes

7.1. Implementation of A Plan for Growing Sydney

What a RPA must do:

Planning Proposals must be consistent with the NSW Government’s A Plan for Growing Sydney published in December2014.

Comment: A Plan for Growing Sydney has since been superseded by the Greater Sydney Region Plan, A Metropolis of Three Cities, which outlines a series of Objectives, Priorities and Actions for NSW Government agencies and local government to consider when developing land use strategies. The Planning Proposal is not considered to be inconsistent with the Greater Sydney Region Plan.

 

Yes

 

DPIE PN 16-001 Classification and reclassification of public land through a local environmental plan

54.    The practice note (Attachment 9) provides guidance to councils on classifying and reclassifying land though an LEP. A planning proposal to reclassify public land is required to be prepared in accordance with the practice note.

55.    The practice note check list has been provided with regard to the amended Planning Proposal   and demonstrates that the Proposal has strategic and site specific merit (Attachment 1 – Planning Proposal).

Site Specific Merit Assessment

56.    Natural Environment

The site does not contain any significant environmental values or constraints. The Planning Proposal will result in the removal of five mature trees and reduction in tree canopy cover for a period of time until new plantings mature. However, as noted previously, Council have expressed the intention to replace the removed trees with suitable plantings.

57.    Taylors Reserve Tree Assessment

As per the Alteration of Gateway Determination dated 30 March 2020, DPIE required Georges River Council to:

(c)     provide details of the trees recommended to be removed as a result of the construction of a future public road and how the reduction of tree canopy and open space will be offset or mitigated; and 

(d)     clarify the number of trees intended to be removed in the planning proposal and road concept plan.

With regard to the above, on 28 October 2019, Council at its meeting resolved the following:

(e)     That Council note that the delivery of the public road will be a separate process.

(f)      That Council consider maintaining the existing alignment of the informal accessway in order to retain tree canopy and maximise the area available for public use of Taylors Reserve, noting that the low traffic volumes and low design speed on the informal accessway offers the flexibility to do so.

As such, the alignment and design of a future road, and subsequent impact on trees and open space, is yet to be determined. Nonetheless, in June 2020 Council undertook an assessment of trees along Taylor Avenue (Attachment 5 – Taylors Reserve Tree Assessment). This assessment considered the impact on trees as a result of the 26 November 2018 Council resolution to reclassify part of Lot 1 DP1200178, in addition to Lot 2, to enable the delivery of a public road that aligned with Council’s preferred option of a 6m wide road delivered to Australian Standards.

The Tree Assessment determined that three trees may be considered for removal as their health and condition have been compromised due to environmental conditions. These include:

1.      16m high, mature native Eucalyptus gummifera (Red Bloodwood)

2.      5m high, mature native Glochidion ferdinandi (Cheese tree)

3.      10m high, mature native Eucalyptus pilularis (Blackbutt)

The Tree Assessment includes the following recommendations:

·        An Arboricultural Impact Assessment completed by a Level 5 Arborist is required that identifies trees to be removed or retained. The report will identify the possible impact of the proposed development may have on the surrounding trees. The report will explain design and construction methods proposed to minimise impacts on retained trees where there is encroachment into calculated Tree Protection Zones. The report will be developed in accordance with AS4970-2009 Protection of trees on development sites.

·        A Review of Environmental Factors such as ecological report and the significance of the local vegetation, which is to be undertaken by suitably qualified personnel.

The above recommendations are proposed to Council for consideration as part of this Planning Proposal report.

Furthermore, it is considered that this recommendation, in conjunction with the resolution of Council from its 28 October 2019 meeting regarding replanting and planning for loss of open space addresses the DPIE’s Alteration of Gateway requirements.

58.    Future Uses

The Planning Proposal does not seek to change existing or approved uses within or in the vicinity of the site. However, it should be noted that formalising access arrangements could potentially facilitate future re-development or subdivision of existing lots.

59.    A high level assessment of development potential under the HLEP 2012 provisions indicates that up to six additional dwellings could be developed as dual occupancies as a result of the formalised access. 

60.    Service and Infrastructure Demand

It is not expected that there will be an increase in demand on other infrastructure or services as a result of the provision of the public road.

Other considerations

61.    Statement of Intention and Rights and Interests

The registration of the current Deposited Plan on 1 June 2015 included a Statement of Intention to “dedicate for Lot 1 (DP 1200178) to the public as public reserve” in accordance with the Conveyancing Act 1919. The proposed use of part of Lot 1 as a road is not consistent with this Statement of Intention.

62.    The site is not affected by any trusts, estates, dedications, conditions, restrictions or covenants with the exception of the universally applicable second schedule Item No.1 which is “1. Reservations and Conditions in the Crown Grant(s)”.

63.    Lot 1 is affected by an interest listed in the second schedule as “2. The land within described is Public Reserve” and “3. Lease to the Scout Association of Australia NSW Branch. Expires 31/12/2021”.

64.    Similarly, Lot 2 is affected by an interest in the second schedule as “2. Lease to the Scout Association of Australia, NSW Branch. Expires 31/12/2021”. It should be noted that part of Lot 1 proposed to be reclassified does not contain the Scout Hall. Nonetheless, the proposed reclassification is not consistent with the current rights and interests only if it eventuates before the lease expires. A copy of the lease is located in Attachment 3 – Scouts Association Lease for Taylors Reserve.

65.    With regard to both the Statement of Intention and the rights and interests that affect the land, Section 30 of the LG Act provides for:

(1) A local environmental plan that reclassifies Community Land as Operational Land may make provision to the effect that, on commencement of the plan, the land, if it is a public reserve, ceases to be a public reserve, and that the land is by operation of the plan discharged from any trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except for:

(a) any reservations that except land out of a Crown grant relating to the land, and

(b) reservations of minerals (within the meaning of the Crown Land Management Act 2016).

66.    Further Clause 5.2 of the HLEP 2012 provides that:

(5) The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except:

(a) those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and

(b) any reservations that except land out of the Crown grant relating to the land, and

(c)  reservations of minerals (within the meaning of the Crown Lands Act 1989).

67.    As the Planning Proposal seeks to reclassify the land through inclusion of part of Lot 1 and Part 2 into Schedule 4 of the HLEP 2012, it will cease to be a public reserve and as such the Statement of Intent would no longer apply. Further, the above enables the existing Scout lease on part of Lot 1 and Lot 2 to be discharged over the land being reclassified. Part of Lot 1 to remain classified as Community Land, containing the Scout Hall, will continue with the current Statement of Intention and rights and interests.

68.    Generic Plan of Management

The LG Act requires Community Land to be managed in accordance with a Plan of Management. As such, Taylors Reserve is categorised as a park and is governed by Council’s Generic Plan of Management 2007 (the POM).

69.    The POM states the following points in relation to Access to Parks:

·        None of the city’s parks have off street car parking. They are seen as contrary to the objectives of management of parks and diminishing amenity and use;

·        Parking arrangements within and adjacent to some parks can occasionally cause disturbance to surrounding residential areas and due care should be exercised; and

·        Vehicular access onto parks is restricted to maintenance and emergency vehicles except where consent is obtained from Council for a specific purpose. Permits to obtain permanent vehicular access to private property over Community Land will not be granted, in accordance with Section 46 of the LG Act.

70.    With regard to Safety & Risk Management, the POM states the following key points:

·        The need to provide for public safety is one of the greatest priorities for Council in the management of its open space areas, and Council has a duty of care to ensure its parks and associated facilities are safe to use. Risk management involves ensuring that all facilities are maintained to a high standard so that not only are severe accidents avoided, but also the likelihood of smaller injuries or damage is minimised.

71.    The current informal road is part of land that is classified as Community Land and used by adjoining residents to access their property. It is understood that none of the properties have obtained consent from Council for access for a specific purpose. As such, it is contrary to the POM with regard to the restriction of vehicular access solely for maintenance and emergency vehicles and not for access to private property.

72.    The Planning Proposal seeks to reclassify the land from Community to Operational. Unlike Community Land, the LG Act does not require Operational Land to be managed in accordance with a POM. As such, the reclassification will remedy the current conflict, removing the obligation for it to be managed under a POM.

73.    Legal advice received by Council states that Council must first reclassify the land as Operational Land before it can open a public road over the land.

74.    However, it should be noted for the park (remaining part of Lot 1 classified Community Land), the delivery of the public road and reduction of 5 per cent of the open space in order to accommodate the road is considered to be contrary to the POM’s intentions with regard to maximising the provision of open space. This issue has been addressed above and is considered acceptable.

75.    Providing a Public Road on Community Land

Part of Lot 1 and Lot 2 forms part of ‘Taylors Reserve’ and is classified as ‘Community Land’ and categorised as ‘park’ under the LG Act. The purpose of the ‘Community’ Land classification is to identify clearly land which should be kept for use by the general public.

76.    Section 47F of the LG Act provides that community land may only be dedicated as a public road under Section 10 of the Roads Act, if the road is necessary to ‘facilitate enjoyment of the area of community land on which the road is to be constructed’. Lot 2 is currently, and has been for many years, used as an informal accessway by adjoining landowners. This use is not consistent with the guidelines for the categorisation of land for a park under Clause 104 of the Local Government (General) Regulation 2005.

77.    Therefore, Council is required to reclassify the land – now part of Lot 1 and the whole of Lot 2 from “community land” to operational land”.

78.    Granting of Easements Over Community Land

As noted previously, there are several encroachments on Lot 2 from adjoining properties resulting from historic development approvals with adjoining lots currently enjoying informal access from Lot 2 to garages and similar structures.

79.    Section 46(1) of the LG Act prohibits the granting of leases, licences or other estates unless for purposes which are not presently relevant, or in accordance with an express authorisation in a POM and only if the purpose for which it is granted is consistent with the core objectives of its categorisation. As such, Council cannot currently grant rights of carriageway or rights of access to the land adjoining Lot 2 unless it is in accordance with the POM applying to Lot 2 or otherwise authorised by Division 2 of the LG Act. No such restrictions apply to land that is classified ‘Operational’.

80.    Public Exhibition of the Planning Proposal

The Planning Proposal was placed on public exhibition from 18 June 2020 to 7 August 2020. The notification for the public exhibition included the following:

·        Over 600 letters sent to affected landowners, adjoining landowners and government authorities advising of the Planning Proposal being placed on public exhibition;

·        Statutory notice in The St George and Sutherland Shire Leader Newspaper (1 July 2020, 8 July 2020 and 15 July 2020);

·        Dedicated page on Council’s Your Say website;

·        The Planning Proposal and supporting documentation available in hard copy at Council’s Customer Service Centre and libraries; and

·        Telephone and face to face contact with planning officers.

81.    During the exhibition, a total of 16 submissions from the community were received and the comments raised which specifically relate to the Planning Proposal are considered in this report.

82.    One submission was also received from the NSW Rural Fire Service (RFS) during the public exhibition period, raising the total submissions received on the Planning Proposal to 17.

83.    For the purpose of reviewing and summarising the key issues raised, the submissions received during the public exhibition are grouped in the following categories: Community submissions and public authority submissions. A summary is provided in Table 5 below:

Table 5 – Breakdown of Submissions

Submission author

Number of submissions received (including multiple submissions from an individual or household)

Community

16

Public Authority

1

TOTAL

17

 

Table 6 – Position of Community Submission Authors

Position on Proposal

Number

Supports

7

(includes 2 different submissions from the same submitter)

Objects

5

Neutral

3

 

84.    Community Submissions

A total of 16 submissions were received from members of the community during the exhibition period, primarily from adjoining residents. A summary of the matters raised in the community submissions is provided in Table 7 below.

Table 7 – Summary of Matters Raised in Community Submissions

Matter Raised

Council Response

Support for the Planning Proposal for reasons including:

·    The road is the only access for emergency vehicles and home nursing. Formalising will alleviate any confusion for emergency vehicles in locating properties and potentially saving lives

·    The road is used for local traffic and community use of the Reserve for recreation

·    The road will enable better through traffic, with recent issues due to development along Woodlands Avenue

·    The gravel road is the only access to the public disabled toilet

·    The road has been damaged by trucks and presents a danger to services and utility vehicles

·    For some residences that face the Reserve, it is the only means of vehicle and pedestrian access to properties

·    Council have allowed subdivision and development and are obligated to remedy the situation

These reasons for support are noted.

Concern the proposal could lead the development of Taylors Reserve, such as for housing or commercial development, reducing the available space and access for community members.

The proposed reclassification from Community to Operational Land applies to land that already contains Taylor Avenue and a small parcel of land (part of Lot 1) which is part of Taylors Reserve. Part of Lot 1 is to be reclassified to enable to delivery of a road and equates to 5 per cent of the total area of the Reserve.

The remaining 95 per cent of the Reserve will remain Community Land which is to serve the needs of residents. Community Land is strictly managed under the LG Act, which restricts the sale, leasing and use of this land. 

The Planning Proposal and subsequent delivery of a new road will not impact the level of access to the Reserve enjoyed by residents.

Concern the proposal will lead to increased traffic next to the playground, endangering pedestrians.

Taylor Avenue is a narrow lane providing informal access to a small number of adjoining residences, as well as access for service vehicles. A small number of vehicles have been observed parking along the verge into the Reserve. However, there are limited opportunities for this to occur.

While the Planning Proposal allows for the formalising and upgrading of Taylor Avenue, no additional on-street parking is proposed.

Further, given the suburban context, assumed narrow roadway and no change to the road network (i.e. to roads to which Taylor Avenue connects), it is not expected that the proposal will result in increased traffic along Taylor Avenue.

Concern the proposal could lead to increased development of existing homes on Taylor Avenue increasing traffic, negatively impacting the scenic quality of the area and increasing noise.

The report to Council dated 28 October 2019 noted that of the properties that enjoy informal access to Taylor Avenue, there is potential for an additional six dwellings to be developed as dual occupancies.

The consideration of the potential impacts from the development of adjacent sites would be undertaken as part of a formal assessment of any Development Application (DA). 

Concern for the need to preserve community land and protect any remaining trees on the land from impacts.

An environmental assessment has not been undertaken as part of this Planning Proposal.

Noting that the design and delivery of the road will be subject to a future and separate process, Council at its meeting on 28 October 2019  also resolved to consider the road alignment to retain the tree canopy and, in the event trees were to be removed, commit to a tree replacement program.

This report makes additional recommendations to Council with regard to the management of trees including, recommending that Council:

1.   Consider the matters raised in the Public Hearing report with regard to the design and access rights of the road.

 

2.   Consider the recommendations of the Tree Assessment report (if required) to:

3.   (a) Prepare an Arboricultural Impact Assessment completed by a Level 5 Arborist that:

·    Identifies trees to be removed or retained;

·    Identifies the possible impact of the proposed development may have on the surrounding trees;

·    Provides guidance on design and construction methods proposed to minimise impacts on retained trees where there is encroachment into calculated Tree Protection Zones; and,

·    Is developed in accordance with AS4970-2009 Protection of trees on development sites.

b) Prepare a Review of Environmental Factors such as ecological report and the significance of the local vegetation,  which is to be undertaken by suitably qualified personnel.

The Public Hearing report recommends that Council consider the options for the road as per the 26 November 2018 Finance and Governance Committee Report, which included designs of various scales. This includes consideration of a design that utilises the current alignment and does not impact existing trees. This recommendation is now proposed to Council for consideration as part of this post-exhibition report.

Considering the above recommendations, it is clear that the protection and management of trees is a key priority for Council and has been suitably addressed at this stage.

85.    A detailed summary of the submissions received and Council’s response to the submissions is provided in Attachment 6 – Summary of Community Submissions.

86.    No changes have been recommended to the Planning Proposal (beyond additional recommendations to Council) as a result of the community submissions as the issues raised are anticipated to be considered as part of the planning and design of the road as well as part of any future DA.

87.    Acknowledgement letters were sent to all submission authors advising them the date of this report to be considered by the Environment and Planning Committee.

88.    Public Authority Submissions

The NSW RFS were the only public authority consulted during the public exhibition of the Planning Proposal. The RFS did not raise any objection to the proposal and recommended that when Council consider the planning of the road, the proposed public road should comply with the requirements of Table 5.3b of Planning for Bush Fire Protection 2019. The RFS submission is provided in Attachment 7 – NSW RFS Submission.

89.    Public Hearing

A public hearing was held on 30 September 2020, independently chaired by Michael McMahon from M.E McMahon & Associates.

90.    Invitations to attend and speak at the public hearing included the following:

·        Over 600 letters sent to affected landowners, adjoining landowners and government authorities who were also notification of the exhibition of the Planning Proposal;

·        Statutory notice in The St George and Sutherland Shire Leader Newspaper (2 September 2020); and

·        Dedicated page on Council’s Your Say website.

91.    Four (4) submissions were made to the hearing noting the potential impacts on trees and vegetation as a result of the delivery of the road, and support for the proposal due to improved and formalised access. 

92.    Following consideration of the matters raised, M.E McMahon & Associates submitted a Public Hearing report supporting the reclassification of part of Lot 1 and Lot 2 from "Community Land” to “Operational Land” (Attachment 8 – Public Hearing Report).

93.    Part 4 of the Public Hearing report outlines several considerations for Council as part of the planning and delivery stages for the road. It is recommended that Council consider these matters, being:

·        Are there any designs for the proposed road that minimise the impact on the trees?

·        Would it be possible to have the public road in the position of the “proposed right of way” as detailed in the Finance and Governance Committee Report – Provision/Construction of Private Vehicular Access to Residential Properties Across Taylors Reserve, Lugarno, dated 16 November 2018?

Conclusion and Next Steps

94.    Council exhibited the Planning Proposal in relation to the reclassification of part of Lot 1 and whole of Lot 2 DP1200078, Taylors Reserve, Lugarno.

95.    Council received 17 submissions from the community and a public authority in relation to the Planning Proposal. The issues raised in the community submissions were primarily concerned with the loss of open space, traffic impacts and potential for development on the Reserve.

96.    The above issues have been clarified and are considered to have been sufficiently addressed or will be addressed in the design and delivery of the road. It is noted that the RFS did not raise any objections to the Planning Proposal. No changes are required to the Planning Proposal as a result of the submissions received.

97.    Four (4) submissions were received as part of the public hearing, which raised similar issues to the submissions received during and public exhibition, and also did not require amendments to be made to the Planning Proposal.

98.    It is recommended that Council endorse the Planning Proposal making the following amendments to the HLEP 2012 for the subject site (part of Lot 1 and whole of Lot 2 DP1200078, Taylors Reserve, Lugarno ) and forward to the DPIE for finalisation:

i.     Amend Part 2 to Schedule 4 of HLEP 2012 to include Lot 2 and part of Lot 1 in Deposited Plan 1200178 and noting in Column 3 Any trusts etc not discharged as Reservations to the Crown Grant and minerals; and

ii.    Add a new map to HLEP 2012 titled ‘Land Reclassification (Part Lots) Map - Sheet RPL_003’ which identifies part of Lot 1 in Deposited Plan 1200178 outlined in red as ‘Operational Land’.

The recommendation references the key findings and recommendations of the following:

a.      That Council note the resolution of Council at its meeting on 28 October 2019:

i.     That Council note that the delivery of the public road will be a separate process.

ii.    That Council consider maintaining the existing alignment of the informal accessway in order to retain tree canopy and maximise the area available for public use of Taylors Reserve, noting that the low traffic volumes and low design speed on the informal accessway offers the flexibility to do so.

iii.   That should the Planning Proposal proceed to gazettal, Council commit to a program to replace the mature trees that will be required to be removed with plantings of appropriate species within Taylors Reserve.

iv.   That should the Planning Proposal proceed to gazettal, Council consider the loss of open space in Taylors Reserve in the implementation of the Council's Open Space, Recreation and Community Facilities Strategy.

 

b.      Council consider Part 4 – Consideration of the Public Hearing report, which outlines a number of questions to Council to consider in the planning and delivery of the road. These questions being:

i.     Are there any designs for the proposed road that minimise the impact on the trees?

ii.    Would it be possible to have the public road in the position of the “proposed right of way” as detailed in the Finance and Governance Committee Report – Provision/Construction of Private Vehicular Access to Residential Properties Across Taylors Reserve, Lugarno, dated 16 November 2018?

c.       If trees are to be impacted as a result of the road design, Council prepare:

i.       An Arboricultural Impact Assessment completed by a Level 5 Arborist that:

1.      Identifies trees to be removed or retained;

2.      Identifies the possible impact of the proposed development may have on the surrounding trees;

3.      Provides guidance on design and construction methods proposed to minimise impacts on retained trees where there is encroachment into calculated Tree Protection Zones; and,

4.      Is developed in accordance with AS4970-2009 Protection of trees on development sites.

ii.      A Review of Environmental Factors such as ecological report and the significance of the local vegetation, which is to be undertaken by suitably qualified personnel.

d.      That all persons who made a submission to the Planning Proposal be advised of Council’s decision.

99.    Subject to Council endorsement of the Planning Proposal for forwarding to the DPIE for finalisation the anticipated next steps are included in Table 8 below:

Table 8 - Anticipated Project Timeline for Completion of the Planning Proposal

Task

Anticipated Timeframe

Report to Council on community consultation and finalisation of the Planning Proposal

November 2020

Submission to the Department to finalise the LEP

November 2020

Anticipated date for notification

Post November 2020

Financial Implications

100.  No budget impact for this report.

Risk Implications

101.  No risks identified.

 

Community Engagement

102.  The Planning Proposal and supporting documentation was publicly exhibited from 18 June 2020 to 7 August 2020.

 

File Reference

PP2017/0003

 

 

 

ATTACHMENTS

Attachment 1

Planning Proposal (including supplementary information)  Planning Ingenuity

Attachment 2

Alteration to Gateway Determination dated 30 March 2020

Attachment 3

Scouts Lease for Taylors Reserve

Attachment 4

Finance and Governance Committee Report – Provision-Construction of Private Vehicular Access to Residential Properties Across Taylors Reserve, Lugarno

Attachment 5

Taylors Reserve Tree Assessment

Attachment 6

Summary of Community Submissions

Attachment 7

NSW Rural Fire Service Submission

Attachment 8

E&P report - 9 November 2020 - REDACTED~chment 8 Public Hearing Report_1_Redacted

Attachment 9

DPIE PN 16-001 Classification and reclassification of public land through a local environmental plan

 


Georges River Council -         Environment and Planning - Monday, 7 December 2020

ENV048-20             Report on Submissions - Planning Proposal for the Reclassification of Taylors Reserve, Lugarno

[Appendix 1]          Planning Proposal (including supplementary information)  Planning Ingenuity

 

 

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Georges River Council -         Environment and Planning - Monday, 7 December 2020

ENV048-20             Report on Submissions - Planning Proposal for the Reclassification of Taylors Reserve, Lugarno

[Appendix 2]          Alteration to Gateway Determination dated 30 March 2020

 

 

Page 107

 


 


Georges River Council -         Environment and Planning - Monday, 7 December 2020

ENV048-20             Report on Submissions - Planning Proposal for the Reclassification of Taylors Reserve, Lugarno

[Appendix 3]          Scouts Lease for Taylors Reserve

 

 

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Georges River Council -         Environment and Planning - Monday, 7 December 2020

ENV048-20             Report on Submissions - Planning Proposal for the Reclassification of Taylors Reserve, Lugarno

[Appendix 4]          Finance and Governance Committee Report – Provision-Construction of Private Vehicular Access to Residential Properties Across Taylors Reserve, Lugarno

 

 

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Georges River Council -         Environment and Planning - Monday, 7 December 2020

ENV048-20             Report on Submissions - Planning Proposal for the Reclassification of Taylors Reserve, Lugarno

[Appendix 5]          Taylors Reserve Tree Assessment

 

 

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Georges River Council -         Environment and Planning - Monday, 7 December 2020

ENV048-20             Report on Submissions - Planning Proposal for the Reclassification of Taylors Reserve, Lugarno

[Appendix 6]          Summary of Community Submissions

 

 

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ENV048-20             Report on Submissions - Planning Proposal for the Reclassification of Taylors Reserve, Lugarno

[Appendix 7]          NSW Rural Fire Service Submission

 

 

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Georges River Council -         Environment and Planning - Monday, 7 December 2020

ENV048-20             Report on Submissions - Planning Proposal for the Reclassification of Taylors Reserve, Lugarno

[Appendix 8]          E&P report - 9 November 2020 - REDACTED~chment 8 Public Hearing Report_1_Redacted

 

 

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Georges River Council -         Environment and Planning - Monday, 7 December 2020

ENV048-20             Report on Submissions - Planning Proposal for the Reclassification of Taylors Reserve, Lugarno

[Appendix 9]          DPIE PN 16-001 Classification and reclassification of public land through a local environmental plan

 

 

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Georges River Council –     Environment and Planning -  Monday, 7 December 2020                                                   Page 190

Item:                   ENV049-20   Generic Plans of Management 

Author:              Strategic Planner

Directorate:      Environment and Planning

Matter Type:     Committee Reports

 

 

 

Recommendation:

(a)     That Council forward the draft Sportsground Generic Plan of Management, draft Parks Generic Plan of Management, draft General Community Use Generic Plan of Management and draft Natural Areas Generic Plan of Management, to the Department of Planning, Industry and Environment (landowners) for consent and endorsed for exhibition.

(b)     That Council delegates the General Manager to make amendments to the four draft Generic Plans of Management to address points raised by the Department of Industry.

(c)     That Council endorse the draft Sportsground Generic Plan of Management, draft Parks Generic Plan of Management, draft General Community Use Generic Plan of Management and draft Natural Areas Generic Plan of Management (with any amendments resulting from the issuing of the consent from the landowner) for public exhibition.

(d)     That the Plans of Management be placed on exhibition for a minimum of 28 days

         commencing after 20 January 2021.

(e)     That Council hold a public hearing for the Generic Plans of Management, Parks, Sportsground and Natural Area as the proposed plans are altering the categorisation of, community land under section 36 (4) of the Local Government Act 1993.

 

Executive Summary

1.      Council currently has six generic plans of management as follows:

·        Generic Plan of Management – General Use Areas 2007 (former Hurstville Council)

·        Generic Plan of Management – Natural Areas 2008  (former Hurstville Council)

·        Generic Plan of Management – Parks 2007 (former Hurstville Council)

·        Generic Plan of Management  - Sportsground 2006 (former Hurstville Council)

·        Generic Plan of Management – Local Parks and Reserves 2010 (former Kogarah Council)

·        Generic Plan of Management – Local Bushland Reserves 2011 (former Kogarah Council)

2.      Council is required to include 31 various Crown Land Reserves into its Plans of Management in accordance with the Crown Land Management Act (‘CLM Act’) which commenced on 1 July 2018. Out of the 31 Crown Land Reserves 11 will be incorporated into the generic plans of management.

3.      The current 6 Generic Plans of Management have been reviewed, updated and consolidated into 4 Draft Generic Plans of Management for Sportsgrounds (Attachment 1), Parks (Attachment 2), General Community Use (Attachment 3) and Natural Areas (Attachment 4) by consultants (Environmental Partnership) in consultation with Council officers.

4.      The draft Generic Plans of Management have been subject to a Stage 1 online community engagement program and was briefed to Councillors on 15 June 2020.

5.      The four (4) Generic Plans of Management cover 236 (the majority) of Council’s open space.

6.      The draft Plans of Management details how Council will managed open space for the benefit of the community into the future. It identifies Council’s goals and objectives for the land and establishes the overall direction for planning, resource management and maintenance of the land.

7.      This report recommends that, subject to the support of the Department of Planning, Industry and Environment (landowner of the 11 Crown Land Reserves), Council place the draft Generic Plans of Management for Sportsgrounds, Parks, General Community Use and Natural Areas on public exhibition in order to receive feedback from the local community.

8.      Under the Local Government Act 1993 a public hearing is required if a plan of management recategorises community land. In the case of the draft Generic Plans of Management a public hearing is required for seven (7) reserves shown in Table 1.

Table 1: Reserves required to hold a Public Hearing

Reserve

Current Category

Proposed Category

Plan of Management

Lillian Road Reserve

Lots 7067-7069 DP 1026876

General Community Use/Park

Natural Area – Foreshore

Natural Area - Wetland

Generic Plan of Management – Natural Areas

Hurstville Golf Course

(Lot 7054 DP 1127614)

Park

Sportsground

Generic Plan of Management - Sportsground

Gifford Park

(Lots 12, 14, 16, 18, 20, 22,

24, 26 Section 11 DP 1193, Lots 1-12 DP 1149054)

Park

Sportsground

 

Generic Plan of Management – Sportsground

 

Baldface Point Reserve

Lot 7038 DP 93516, Lot 1

DP 921050

Park

Natural Area - Bushland

Generic Plan of Management – Natural Areas

The Knoll Lot 44 DP 904443, Lot

7034 DP 1138728

Park

Natural Area - Bushland

Generic Plan of Management – Natural Areas

Ray St Reserve Lot 2 DP 585059

Park

Natural Area - Bushland

Generic Plan of Management – Natural Areas

Peakhurst Park (Part Lot 2 DP 1143770)

Sportsground

General Community Use

Generic Plan of Management – General Community Use

 

Background

9.      Council currently has six generic plans of management as follows:

·        Generic Plan of Management – General Use Areas 2007 (former Hurstville Council)

·        Generic Plan of Management – Natural Areas 2008  (former Hurstville Council)

·        Generic Plan of Management – Parks 2007 (former Hurstville Council)

·        Generic Plan of Management  - Sportsground 2006 (former Hurstville Council)

·        Generic Plan of Management – Local Parks and Reserves 2010 (former Kogarah Council)

·        Generic Plan of Management – Local Bushland Reserves 2011 (former Kogarah Council)

10.    The current Generic Plans of Management covers 236 (the majority) of Council’s open space.

11.    Council is required to include 31 Crown Land Reserves into its Plans of Management in accordance with the Crown Land Management Act (‘CLM Act’) which commenced on 1 July 2018.

12.    With the review, update and consolidation of the Generic Plans of Management 11 Crown Land Reserves will be included into the Generic Plans of Management.  Refer to Table 1 which lists the Crown Reserves to be added into the various Plans of Management.

Crown Land

13.    The Crown Land Management (CLM) Act 2016 commenced on 1 July 2018. The CLM Act introduces significant changes to the management of Crown Land by Councils. Councils are now required to manage dedicated or reserved Crown Land as if it were public land under the Local Government Act 1993.

14.    Table 2 lists the 11 Crown Land Reserves that are to be covered in the review, update and consolidation of the Generic Plans of Management.

Table 2 - Eleven Crown Land Reserves review, update and consolidation of the
Generic Plans of Management

Reserve Name

Crown Land

Draft Generic Plan of Management

Lillian Road Reserve

 

Reserve No. R100238

 

Lots 7067-7069 DP 1026876

Generic Plans of Management - Natural Areas

Narwee Pre-School

 

Reserve No. R79156

 

Lot 432

DP 752056

Generic Plans of Management – General Community Use

Endeavour Street Reserve

 

Reserve No. R26444

 

Lot 7044

DP 1128231

Generic Plans of Management - Parks

 

Hurstville Golf Course

 

Reserve No. R100110

Lot 7054

DP 1127614

 

Generic Plans of Management - Sportsground

Len Reynolds Reserve

 

Reserve No. R100135

 

Lot 7045

DP 1127660

Generic Plans of Management - Parks

Madge Bagust Reserve

 

Reserve No. 100244

 

Lot 6

DP 793126

Generic Plans of Management - Community Use Areas

Anderson Park

 

Reserve No. R500320

 

Lot 338

DP 752056

Generic Plans of Management - Parks

Ray St Reserve

 

Reserve No. R66853

 

Lot 2

DP 585059

Generic Plans of Management – Natural Areas

 

The Knoll

 

Reserve No. 67240

Lot 44

DP 904443,

Lot 7034

DP 1138728

 

Generic Plans of Management – Natural Areas

Gifford Park

 

Reserve No. R69270

Lots 12, 14, 16, 18, 20, 22, 24, 26 Section 11 DP 1193,

Lots 1-12

DP 1149054

 

Generic Plans of Management - Sportsground

Raleigh Street Reserve

 

Reserve No. R88950

 

Lot 7040

DP 1127029

Generic Plans of Management - Parks

Baldface Point Reserve

 

Reserve No R88728

Lot 7038 DP 93516,  Lot 7036 DP 1027197, Lot 7035 DP 1027198

Generic Plans of Management – Natural Areas

 

15.    With the legislation changes to Crown Land, Council is required to submit the draft Plan of Management to NSW Department of Planning, Industry and Environment, as representative of the owner of the land under section 39 of the Local Government Act 1993 – being the Crown Land Reserves listed in Table 1 above.

Draft Generic Plans of Management

16.    The Plans of Management have been prepared under the provisions of the Local Government Act 1993 and provides the statutory requirements, clear guidelines and designation of areas, to enhance the use of the open space and minimise any conflict between existing and future user groups.

17.    The key objective of the Plans of Management is to provide a clear strategic direction for the future management and use of the open space.

18.    The draft Generic Plans of Management are structured identical and are in five (5) parts as follows:

i.     Introduction – a general explanation of the purpose of plans of management and the open space that is covered in the plan of management, sites with multiple categorisations and road reserves.

 

ii.    Context for Planning and Management – considers the State legislation and the Local Environmental Plans which apply to the land and which identify permissible and prohibited land uses. The relationship of the Plan of Management with other Georges River Council plans, strategies and policies is also summarised.

 

iii.   Basis for Management - outlines the framework within which the Generic Plans of Management are to be managed. Consistent with requirements of the Local Government Act 1993, all the land under the relevant PoM has been categorised and the associated objectives listed.

 

Along with objectives for future management and informed by the  consultation undertaken as part of past strategies, a series of pressures and opportunities for each of the Plans of Management were identified and are defined below:

 

·        Pressures -  influences that can work against or make more difficult to achieve our objectives

·        Opportunities -  influences that can assist us to achieve our objectives

·        Objectives -  the desired outcome of our planning implementation and management efforts

 

iv.   Action Plan - Management Framework present a variety of management actions – comprising both policies and management directions or guidelines. The actions cover matters such as;

·        flexible and multipurpose,

·        Clustered with complementary uses,

·        equitable distributed across and within catchment areas,

·        activated and safe, inclusive and reflective of the whole community, part of a connected network,

·        high quality and sustainable and proactively managed.

Implementation of improvement works within the open spaces will be an ongoing process in response to community expectations, user requirements, and the availability of funding and other circumstances as they arise. In order to provide guidance to commencement of implementation of the Plans of Management, a prioritised schedule of actions for each category has been developed.

v.    Appendices

·        Appendix A– Maps of Crown land and reserves with multiple categorisations

·        Appendix B – Online feedback from Stage 1 Community Consultation

Generic Plan of Management – Sportsground

19.    There are 9 major sportsgrounds in the Generic Plans of Management –Sportsgrounds. They are a network of structured, active reactional facilities, along with a golf course and tennis centre. The 9 major sportsgrounds are:

a.      Evatt Park

b.      Gannons Park

c.       Gifford Park

d.      Hurstville Golf Course

e.      Olds Park

f.       Peakhurst Park

g.      Riverwood Park and Wetlands

h.      Smith Park

i.        Vanessa Street Multi-Sport Courts

20.    Sportsgrounds are a specialist use of open space, providing opportunities, team sports such as soccer, football, and netball involve a large number of people in active sport, encourage the development of team spirit, and can bring the community together in support.

21.    In addition to the primary purpose of active recreation, sportsgrounds offer the community a range of opportunities to undertake passive and unstructured activities, such as informal games, walking and dog exercise areas.

22.    In accordance with the core objectives for Sportsgrounds as defined by the Local Government Act 1993, open space under the Generic Plan of Management – Sportsground will facilitate recreational pursuits in the community involving organised and informal sporting activities and games.

 

Generic Plan of Management – Parks

23.    There are 149 Parks within the Generic Plans of Management – Parks, which are a network of unstructured, informal recreational spaces that are valuable and important resources in the LGA. Attachment 5 lists the 149 parks for the Council’s information.

24.    In accordance with the core objectives for Parks as defined by the Local Government Act  1993, open space under the Generic Plan of Management – Parks will facilitate recreational, cultural, social and educational pastimes and activities and the casual / non organised playing of games.

Generic Plan of Management – Natural Areas

25.    There are 37 Natural Areas in the Generic Plans of Management – Natural Areas, which are the most ecologically sensitive areas of community land. Natural areas are important for conserving biodiversity as well as providing educational and recreational opportunities to the community. Attachment 6 lists the 37 natural areas for the Council’s information.

26.    Natural areas are significant in providing areas for vegetation, habitat for native fauna, and “green web” links between disbursed areas of bushland. Human interaction and activity is an ancillary use in these areas provided it does not conflict with the primary management objectives.

27.    In accordance with the core objectives for Natural Areas as defined by the Local Government Act 1993, open space under the Generic Plan of Management  - Natural Area will “provide for community use of and access to the land in such a manner as will minimise and mitigate any disturbance caused by human intrusion.

 

Generic Plan of Management – General Community Use

 

28.    There are 41 General Community Use in the Generic Plans of Management – General Community Use. The land may house buildings and structures such as neighbourhood centres or Scout or Guide halls that cater for formal and informal leisure and recreational activities, hobbies, artistic endeavours, educational, cultural and social functions. Attachment 7 lists the 41 general community use spaces for the Council’s information.

29.    In accordance with the core objectives for General Community Use areas as defined by the Local Government Act 1993, General Community Use areas under this plan of management will promote and encourage use of the land to serve the cultural, social and intellectual welfare of the community.

Public Hearing

30.    Council is required to hold a public hearing for the Generic Plans of Management as the proposed plans are altering the categorisation of community land under section 36 (4) of the LGA as follows in Table 3.

Table 3: Reserves required to hold a Public Hearing

Reserve

Current Category

Proposed Category

Plan of Management

Lillian Road Reserve

Lots 7067-7069 DP 1026876

General Community Use/Park

Natural Area – Foreshore

Natural Area - Wetland

Generic Plan of Management – Natural Areas

Hurstville Golf Course

(Lot 7054 DP 1127614)

Park

Sportsground

Generic Plan of Management - Sportsground

Gifford Park

(Lots 12, 14, 16, 18, 20, 22,

24, 26 Section 11 DP 1193, Lots 1-12 DP 1149054)

Park

Sportsground

 

Generic Plan of Management – Sportsground

 

Baldface Point Reserve

Lot 7038 DP 93516, Lot 1

DP 921050

Park

Natural Area - Bushland

Generic Plan of Management – Natural Areas

The Knoll Lot 44 DP 904443, Lot

7034 DP 1138728

Park

Natural Area - Bushland

Generic Plan of Management – Natural Areas

Ray St Reserve Lot 2 DP 585059

Park

Natural Area - Bushland

Generic Plan of Management – Natural Areas

Peakhurst Park (Part Lot 2 DP 1143770)

Sportsground

General Community Use

Generic Plan of Management – General Community Use

 

Native Title

31.    Native Title is a requirement for Council crown land managers to obtain written advice from qualified native title manager that the Plan of Management covers Crown Land that is not ‘excluded land’.

32.    Excluded land is defined in the CLM Act to include:

a)      land subject to an approved determination of native title (as defined in the Native Title Act 1993 of the Commonwealth) that has determined that:

i.       all native title rights and interests in relation to the land have been extinguished, or

ii.      there are no native title rights and interests in relation to the land,

b)      land where all native title rights and interests in relation to the land have been surrendered under an indigenous land use agreement (as defined in the Native Title Act 1993 of the Commonwealth) registered under that Act,

c)      an area of land to which section 24FA protection (as defined in the Native Title Act 1993 of the Commonwealth) applies,

d)      land where all native title rights and interests in relation to the land have been compulsorily acquired,

e)      land for which a native title certificate is in effect

 

33.    Council has obtained advice from its native title manager on the crown land reserves to be included in the Generic Plans of Management for Sportsgrounds, Parks, Natural Areas and General Community Use.

34.    The advice indicates that they comply with the native title legislation.

35.    A copy of the advice is contained in Attachment 8.

Next Steps

36.    If Council resolves to support the Generic Plans of Management for Sportsgrounds, Parks, Natural Areas and General Community Use the following steps are anticipated:

·        Council refers the draft Plans of Management to Department of Planning, Industry and Environment as the owner of Crown Land in accordance with section 39 of the Local Government Act 1993 seeking landowners consent and endorsed to exhibit.

·        Once landowner approval is provided, the draft Generic Plans of Management will be placed on public exhibition for a period of no less than 28 days and allow submissions to be received up until 42 days.

·        Council must hold a public hearing for the Generic Plans of Management as the proposed plans would be altering the categorisation of, community land under section 36 (4) of the Local Government Act 1993.

·        A revised draft Generic Plans of Management for Sportsgrounds, Parks, Natural Areas and General Community Use will be prepared which addresses comments raised during the public exhibition

·        The draft Generic Plans of Management for Sportsgrounds, Parks, Natural Areas and General Community Use will be reported back to Council for adoption.

Financial Implications

37.    Within budget allocation.

Risk Implications

38.    No risks identified.

Community Engagement

39.    The draft Generic Plans of Management for Sportsgrounds, Parks, Natural Areas and General Community Use will be placed on public exhibition for a period of no less than 28 days in accordance with section 38 of the Local Government Act 1993.

40.    A public notice will be for a period of not less than 42 days after the date on which the draft plan is placed on public exhibition during which submissions may be made to the council.

41.    A public hearing for the Generic Plans of Management, Parks, Sportsground and Natural Area will be held as the proposed plans would be altering the categorisation of, community land under section 36 (4) of the Local Government Act 1993.

 

File Reference

19/956

 

 

 

ATTACHMENTS

Attachment 1

Georges River Sportsgrounds Generic PoM Draft - October2020 - published in separate document

Attachment 2

Georges River Parks Generic PoM Draft - October2020 - published in separate document

Attachment 3

Georges River General Community Use Generic PoM Draft - October2020 - published in separate document

Attachment 4

Georges River Natural Areas Generic PoM Draft - October2020 - published in separate document

Attachment 5

Attachment 5 - Parks in the Generic Plan of Management

Attachment 6

Attachment 6 - NATURAL AREAS Reserves in the Generic Plan of Management

Attachment 7

Attachment 7  - General Community Use sites in the Generic Plan of Management

Attachment 8

Attachment 8 - Native Title Advice

 


Georges River Council -         Environment and Planning - Monday, 7 December 2020

ENV049-20             Generic Plans of Management

[Appendix 5]          Attachment 5 - Parks in the Generic Plan of Management

 

 

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[Appendix 6]          Attachment 6 - NATURAL AREAS Reserves in the Generic Plan of Management

 

 

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[Appendix 7]          Attachment 7  - General Community Use sites in the Generic Plan of Management

 

 

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[Appendix 8]          Attachment 8 - Native Title Advice

 

 

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Georges River Council –     Environment and Planning -  Monday, 7 December 2020                                                   Page 220

Item:                   ENV050-20   Former Oatley Bowling Club Site and Closed Road Plan of Management and Masterplan 

Author:              Strategic Planner

Directorate:      Environment and Planning

Matter Type:     Committee Reports

 

 

 

Recommendation:

(a)     That Council endorse the draft Former Oatley Bowling Club Site and Closed Road Plan of Management and Masterplan for public exhibition for a period of no less than 28 days in accordance with section 38 of the Local Government Act 1993.

(b)     That the draft Plan of Management and Masterplan be placed on public exhibition for a minimum of 28 days commencing after 20 January 2021.

(c)     That Council hold a public hearing for draft Former Oatley Bowling Club Site and Closed Road Plan of Management to amend the categorisation of community land under section 36 (4) of the Local Government Act 1993.

 

Executive Summary

1.      A draft Plan of Management (Attachment 1) and Masterplan (Attachment 2) have been prepared for the former Oatley Bowling Club site and closed road by consultants Cardno.

2.      The draft Masterplan has been subject to a Stage 1 Community engagement to develop a vision and the draft vision was briefed to Councillors in May 2020. The draft Masterplan has been prepared and updated as a result of all feedback received.

3.      The draft Plan of Management details how the former Oatley Bowling Club site and closed road will be used, improved and managed in the future. It identifies Council’s goals and objectives for the land and establishes the overall direction for planning, resource management and maintenance of the land.

4.      The draft Plan of Management is accompanied by a Masterplan which shows the proposed improvements and allows Council to set priorities when preparing works programs and related budgets.

5.      Council is to note that the Plan of Management and Masterplan will cover two allotments. Arising from the investigation and development application for remediation of the contamination at the former Oatley Bowling Club site, both lots have been included in the proposal due to the extent of contamination. This report recommends that Council includes the closed road (Lot 106 DP 1252069) as part of the Former Oatley Bowling Club Site Plan of Management and Masterplan. It should be noted that the categorisation of Lot 106 under the Local Government Act 1993 (LG Act) will remain as “Natural Area – Bushland”.

6.      This report recommends that the draft Plan of Management and Masterplan be placed on community consultation for a minimum of 28 days in order to receive feedback from the local community in accordance with the requirements of the Local Government Act 1993.

 

 

 

Background

7.      The former Oatley Bowling Club site was located on several parcels of land (Lots 14 to 20, Section 3, DP 7124) which were purchased by Hurstville City Council in 1945 and adjacent  (former closed road Lot 1 DP1159269) which were resumed by Council in 1960 to ‘improve and embellish the area’.

8.      The 8 allotments comprising the former bowling club site and road have since been consolidated into two allotments – Lots 100 and 106 DP1252069 – Refer to Figure 1.  As part of the subdivision (consolidation) Lots 100 and 106 were dedicated as new public reserve.   Total land size of the reserve is 1.5ha.

 

Figure 1 – Allotments

 

9.      The former Oatley Bowling Club ceased operations in 2006 and in 2011 the disused clubhouse was demolished. The site currently contains former bowling greens, associated retaining walling, other areas of relatively flat, cleared land and some substantial individual and stands of trees. All buildings associated with the former bowling club have been demolished.

10.    The subject land is classified as community land and is zoned RE1 Public Recreation under Hurstville LEP 2012. The RE1 Zone is maintained in the Georges River LEP 2020. Permitted uses include: Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Information and educational facilities; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes.

11.    Between 2009-2010 the former Hurstville City Council investigated options for the future use of the former Oatley Bowling Club site.

12.    On 22 September 2010 the former Hurstville Council resolved:

“THAT Council acting as land owner, submits as soon as possible, an application to rezone to Residential and reclassify to Operational Land the former Oatley Bowling Club site for the purpose of making seniors housing permissible with development consent on the site and enabling the Council to lease the site to a lessee for use for the purpose of seniors housing subject to development consent and all other necessary approvals being obtain.”

13.    Council subsequently resolved on 17 December 2018:

1)      To not proceed with the Planning Proposal to re-zone and reclassify the former Oatley Bowling Club site for seniors housing (nursing home) and community facilities.

2)      Council resolved to commence the preparation of a new Masterplan for the former Oatley Bowling Club site and a site specific Plan of Management.

3)      Council resolved that the General Manager immediately take all necessary steps to commence the de-contamination of the site (removal of asbestos) to enable its remediation for the purpose of facilitating public access and recreation.

Current Plan of Managements

14.    Two plans of management apply to the site and are as follows:

·        Generic Plan of Management – Natural Areas, adopted 27/02/2008 – applies to the former Oatley Bowling Club Site which according to the PoM consists of Lots 14 to 20 in Section 3 DP7124 and closed road Lot 1 DP1159269 (River Road). The bowling club site appears to be categorised as a natural area.

A public hearing was held on 11 February 2013 regarding the proposed categorisation of community land in the adjacent Myles Dunphy Reserve at Oatley. The Public Hearing Report was endorsed by Council as part of the adoption of the Myles Dunphy Reserve and Wetland Plan of Management 2013.

The Public Hearing Report is relevant as it provides the definition and requirements for the categorisation of community land and then further defines the 5 categories of Natural Area Community Land.

The bowling club site was not included in the plan of management for Myles Dunphy Reserve and Wetland Plan of Management because it could no longer be classified as land representative of a Natural Area.  That is that “ land, whether or not in an undisturbed state, which possesses a significant geological feature, geomorphological feature, land form, representative system or other natural feature or attribute that would be sufficient to further categorise the land as bushland, wetland, escarpment, watercourse or foreshore under section 36(5) of the Act”. 

Given that the bowling club site was cleared and developed as a bowling club and greens it does not possess any of the abovementioned natural features and is a highly disturbed parcel of land.   Legal advice was provided to this effect in 2010. It was also recommended as part of the adoption of the Myles Dunphy Reserve and Wetland Plan of Management that the bowling club land be reclassified to operational land and removed from the Generic Plan of Management given that it is not consistent with the Natural Area category.

However the re-categorisation of the land from Natural Area never occurred. Nor was the Oatley Bowling Club site removed from the Generic Plan of Management which applies to Lots 14 to 20 in Section 3 DP7124.

·        Myles Dunphy Reserve and Wetland Plan of Management, March 2013 - Part of the land is affected by this PoM - being the closed road Lot 1 DP1159269 (River Road). This 2013 PoM overrides the 2008 PoM for Lot 1 DP1159269.

The Plan states in Section 1.3:

Land within the bushland and wetland is owned by Hurstville City Council, the Crown, and the Department of Planning and Infrastructure (DPI).  Consequently, this Plan of Management has been prepared in accordance with the requirements of the Local Government Act 1993, Crown Lands Act 1989, and the Environmental Planning and Assessment Act 1979.     Those areas within the legal boundaries of Myles Dunphy Reserve that are not considered as natural areas are not included in this Plan of Management.  Council resolved in September 2010 to pursue the Oatley Aged Care Facility Site for seniors living (or similar) purposes.  The Oatley West Scout Hall will be managed in accordance with Council’s Generic Plan of Management for General Community Use Areas (Hurstville City Council, 2007), which is considered a more appropriate management framework for a community building. 

Those lots comprising the former bowling club site and identified above as the area not considered to be a “natural area” were consolidated and were dedicated as a new public reserve (Lot 100) as part of the 2016 subdivision (consolidation) of lots.

Contamination

15.    EI Australia was engaged by Georges River Council to undertake an Additional Site Investigation & Contamination Management Plan for the former Oatley Bowling Club site.

16.    The objective of the investigation was to determine the degree of on-site contamination and its constraint to redevelopment of the site for recreational use.

17.    The findings of the investigation are as follows:

·        The previous investigation conducted by Douglas Partner found bonded fragments of asbestos cement sheeting within the southern and south western portions of the site and lead exceeding recreation (HIL C) criteria at one location TP14.

·        Groundwater was not considered to be of environmental concern.

·        The main concern in relation to health risks is bonded asbestos cement sheet fragments, which were found in fill in the central portion of the site. However, elevated lead concentrations have not been replicated in the investigation conducted by EI Australia. Lead contamination on the site is considered to pose a low health risk. All other contaminants of potential concern were found to be significantly below the recreational health criteria.

·        The potential risk exposure during construction to workers is deemed to be low if appropriate personal protective equipment is utilised and safe work practices are adopted. Similarly, the potential risk exposure to recreational users is considered to be low if contaminated materials are appropriately remediated and validated.

·        It is anticipated approximately 10,000sqm to 14,000sqm of asbestos soil will require remediation, which is expected to be a combination of either:

·        Excavation and offsite disposal at a suitably licensed facility.

·        Management in situ using a surface barrier managed on site under a long-term Environmental Management Plan.

 

18.    EI Australia concluded that the site is suitable to be used as a recreational area subject to the following recommendations:

·        Preparation and implementation of a Remediation Action Plan (RAP).

·        Undertake remediation and validation work for the site as outlined in the RAP.

19.    A Development Application was lodged with Council for Remediation works including a mediation action plan for Category 1 remediation work. Development Consent DA2020/0152 was issued on 20 October 2020.

Preliminary Community Consultation – Plan of Management and Masterplan

20.    A public workshop was held on 7 March 2020. Participants were invited to review and vote on a series of draft design principles and potential scenarios for the development of the site.

21.    Three development scenarios were prepared and presented to the Visioning Workshop and the community for review. The results of the development scenarios are displayed in Table 1 below:

Scenario

Details

Scenario 1 - Conservation – minimal change / retention of ecological and cultural values

The scenario focuses on passive recreation and puts emphasis on conservation of natural environment and better integration of the site with Myles Dunphy Reserve.

·   There was support for bush regeneration, a native plant nursery and community gardens

·   No parking or car access on site

·   An off leash dog area was not supported.

 

Scenario 2: Middle Ground – moderate change / varied uses

This scenario is community focused and offers a balance of active and passive recreation opportunities. It aims to provide flexible spaces that can be adapted for a range of different users.

·    Support for picnic and BBQ areas

·    Support for an informal play area

·    An off leash dog area was not supported.

 

 

Scenario 3: High activity – major change / numerous active uses

This scenario focuses on providing maximum active recreation opportunities and improved vehicle and pedestrian access to the site. A broad range of activities could be provided that cater for many ages and abilities.

·    Support for picnic and BBQ areas

·    Support for playground area

·    An off leash dog area was not supported

·    formalised sport not supported

·    walking and cycling tracks received some support

 

Table 1 – Development Scenario results

 

22.    One of the issues raised in the workshop was the inclusion of Lot 106 which is within the Myles Dunphy Reserve and Wetland Plan of Management. The inclusion of Lot 106 was a response to the investigation results and the contamination at the former Oatley Bowling Club site.  Prior to the inclusion, Council was unaware of the extent of the contamination. This report retains this allotment in the Plan of Management and Masterplan the subject of this report.

 

 

Planning and Design Principles

23.    The Planning Principles proposed as a result of Councillor feedback and community input are shown below in Table 2.

Planning Principles

Design Principles

Culture and Community

· Develop the site for intergenerational community use

· Develop to create a sense of place

· Minimise the financial costs and maximise the environmental and cultural benefits of the site

· Develop to allow for equitable use

Context

· Enhance ecological and recreational values

· Optimise connections to public transport and minimise allowance for private motor vehicles

· Manage broader public interest and also adjoining residents

· Enhance physical connection to Myles Dunphy Reserve and Georges River foreshore

Engagement and Use

· Ensure proposed uses are consistent with the opportunities and constraints of this site

· Design to respond to the needs of the community and be informed by the Georges River Recreational Needs Study

· Cater to people of all ages and abilities

· Cater for a range of active and passive recreation at the site

· Develop the site as a place for all the people of Georges River

· Proposed uses are to be consistent with the opportunities and constraints of this site

Ecology / amenity

· The design will identify, retain and enhance the ecological values of the site and its locality

· Significant vegetation, including indigenous and historic / cultural plantings on the site are to be retained and enhanced in its development

· The development is to be sustainable and is to incorporate flexibility and adaptability for changing environmental conditions

Connectivity

· The site is to be developed to enhance connectivity to Myles Dunphy Reserve and to its surrounding area

· Access to public transport is to be enhanced and active transport is to be catered for

· Ease of access for all people to be catered for

· Provide and enhance connections to surrounding areas to provide for a broad range of users to the site

History and Stories

· The developed site is to include opportunities to reflect the Indigenous and European history the site and its environs

· Masterplanning could consider references to:

·   Indigenous history of the local area

·   James Oatley

·   Myles and Milo Dunphy

·   Former uses of the sites and the locality

 

Table 2- Planning Principles

 

Councillor Briefing

24.    The draft Masterplan was the subject of a briefing to Councillors in 4 May 2020. The feedback from Councillors from the briefing includes:

·        This open space has the potential to service the needs of families across generations from all areas of the LGA.

·        The site should retain its natural element including Lot 106, and incorporate spaces for picnic areas, playground equipment, exercise equipment, walking/cycling track, with space for ball play.

·        It is vital that we have spaces within our LGA that provide multi-faceted activities for varying age groups. Younger children would enjoy riding on a scooter track or BMX bump tracks and adventure play areas could be incorporated that blend in with the environment.

·        Provide open space that incorporates a diverse range of recreational activities both active and passive that will draw people from varying age groups from all over our LGA to enjoy it.

·        Highlight the conservation and regeneration work available in Myles Dunphy reserve and pair it with facilities that will draw people to the area to visit the adjoining local bushland.

·        A toilet facility needs to be included.

Masterplan

25.    The concept Masterplan for the Oatley Bowling Club site and attached closed road will provide a clear vision for the future development and the ongoing operation of the site. It will also provide a range of compatible recreation/community opportunities for all generations, improve the landscape of the site and ensure that the resulting recreational area is accessible and responds to the needs and values of the wider community. Additionally, the concept Masterplan will establish connections to Myles Dunphy Reserve.

26.    Figure 2 below and Attachment 2 to this report contain the concept Masterplan for Oatley Bowling Club site. The Masterplan is a graphic representation of the landscaping and building works being proposed for the site, which has informed the preparation of the Plan of Management.

Figure 2 – Landscape Masterplan

 

27.    Key elements of the Masterplan include:

·        Improved vehicle access from Mulga Road and providing formalised car parking spaces within the existing parking area at front of site.

·        Equitable pedestrian access throughout the site and from the proposed carpark and Myles Dunphy Reserve

·        Community garden / plant nursery

·        Half basketball court

·        Amenities block

·        Playground and public art space

·        Nature play area and educational garden

·        Children’s bike circuit

·        Pump track (suitable for skateboards, bikes and scooters)

·        Shade shelters throughout the site with picnic tables and BBQ facilities

·        Turf kickabout space

·        Viewing platform with seating and interpretive public art/signage about history of site

·        Bush regeneration

 

28.    The Masterplan will be completed in two stages (refer to Attachment 3)

29.    This staged approach has been developed so that stage 1 works can be completed while the rest of the park functions as normal before stage 2 works are completed at a later date. The order of stages, or elements within these stages, may vary according to the availability of funding and future detailed design work.

Draft Plan of Management

30.    The Plan of Management has been prepared under the provisions of the Local Government Act 1993 (LG Act) and provides the statutory requirements, clear guidelines and designation of areas, to enhance the use of the open space and minimise any conflict between existing and future user groups.

31.    The key objective of the Plan of Management is to provide a clear strategic direction for the future management and use of the open space.

32.    The draft Plan of Management is structured in four parts as follows:

i.     Part A – Management Context:  introduces Former Oatley Bowling Club Site & Closed Road and provides information about the management context within which the Plan of Management was developed. A basis for management is proposed, the planning context outlined and key site values identified.

ii.    Part B – Site Description: contains information about the known values of the former Oatley Bowling Club site and closed road. It includes information about the reserves location and context, physical characteristics, history of the place and opportunities and constraints

iii.   Part C – Management Framework: provides a framework for managing the former Oatley Bowling Club site and attached closed road. A Concept Masterplan is also provided in this section.

iv.   Part D – Implementation and review: considers the implementation of this Plan of Management and contains information on potential funding sources, reporting, evaluation and review.

 

33.    A central requirement of the Local Government Act 1993 is that all Community Land must be assigned to one or more land “categories” whereby the land categorisation defines how Council will manage each parcel of land. Each category has an associated set of objectives in providing guidance to the management of land so categorised.

34.    Consequently any area of land can only be assigned to a single category, to avoid overlapping or conflicting objectives.

35.    It is proposed under this Plan of Management that the land dedicated as a reserve (the former bowling club site Lot 100 DP1252069) will be categorised as ‘Park’. The closed road component of the site (Lot 106 in DP1252069) is proposed to be categorised as ‘Natural Area’. The land within the Natural Area category will in turn be sub-categorised as ‘Bushland’. This is no change to the existing categorisation of this parcel of land.

36.    Land categorised as a park –will facilitate recreational, cultural, social and educational pastimes and activities and the casual playing of games.

37.    Land categorised as Natural Areas – Bushland are aimed at preserving and restoring the vegetation and landforms of the land.

38.    The proposed categorisation of the land is shown in Figure 3.

Figure 3 – Categorisation of Former Oatley Bowling Club Site and Closed Road

 

39.    The action plan in Part D of the Plan of Management summarises the purposes for which land, and all proposed buildings and site improvements, will be used and developed. The action plan provides the basis for the implementation of the Plan of Management (including the concept Masterplan). The action plan outlines the strategies and actions which will be adopted, as well as an indication of the proposed staging and timing.

Public Hearing

40.    The LG Act requires that a council must hold a public hearing in relation to a proposed plan of management (including a plan of management that affects lands within an existing plan of management) if the proposed plan would have the effect of categorising, or altering the categorisation of, community land.

41.    A public hearing will be held during the public exhibition of the Draft Plan of Management and provides the community with the opportunity to make formal comment on the categorisations proposed within the proposed Draft Plan of Management.

Next Steps

42.    Once Council resolves to support the draft Plan of Management and Masterplan the draft Plan of Management and Masterplan will be placed on public exhibition for a period of no less than 28 days and allow submissions to be received up until 42 days. 

Financial Implications

43.    The preparation of the Plan of Management and Masterplan are within budget allocation.

44.    Additionally, in March 2019 the NSW government committed $900,000 for works to transform the former Oatley Bowling Club site into a public space for community use.

45.    The grant funds were provided on the basis that ‘the funding will ensure that people from every generation can enjoy a diverse range of recreation activities, both active and passive, and will also enable the development of some facilities which are not currently available in the local area. The masterplan could include walking and cycle paths, adventure play areas, a multipurpose ball sports court area, exercise stations, a skate zone and an open grassed space’.

Risk Implications

46. No risks identified.

 

Community Engagement

47.    The Former Oatley Bowling Club Site and Closed Road Plan of Management and Masterplan will be placed on public exhibition for a period of no less than 28 days in accordance with section 38 of the Local Government Act 1993.

48.    A public notice will be for a period of not less than 42 days after the date on which the draft plan and Masterplan is placed on public exhibition during which submissions may be made to the council.

49.    A public hearing for the Plan of Management will be held as the proposed plan would be altering the categorisation of, community land under section 36 (4) of the Local Government Act 1993.

File Reference

19/101

 

 

 

ATTACHMENTS

Attachment 1

Attachment 1 -DRAFT_POM_OatleyBowlingClub_2020-11-27 - published in separate document

Attachment 2

Attachment 2 - Landscape Masterplan20201127

Attachment 3

Attachment 3 - Staging Plan 20201127

 


Georges River Council -         Environment and Planning - Monday, 7 December 2020

ENV050-20             Former Oatley Bowling Club Site and Closed Road Plan of Management and Masterplan

[Appendix 2]          Attachment 2 - Landscape Masterplan20201127

 

 

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Georges River Council -         Environment and Planning - Monday, 7 December 2020

ENV050-20             Former Oatley Bowling Club Site and Closed Road Plan of Management and Masterplan

[Appendix 3]          Attachment 3 - Staging Plan 20201127

 

 

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