HURSTVILLE CITY COUNCIL
CIVIC CENTRE, MACMAHON STREET, HURSTVILLE.
__________________________________

SUMMARY OF ITEMS TO BE ADDRESSED AT
THE POLICY PLANNING ENVIRONMENT AND MASTER PLAN IMPLEMENTATION MEETING
TO BE HELD ON 15TH FEBRUARY, 2006


Summary:
Item No: PPE001 - 06 - MATTERS SUBMITTED FOR THE INFORMATION OF
MEMBERS - LIMITED APPROVAL AND LEGAL MATTERS
INVOLVING COURT ACTION
(Report by Acting Minute Secretary, Ms C Hobson) C/00122

Item No: PPE002 - 06 - NEW ZEALAND PLANNING INSTITUTE AND PLANNING
INSTITUTE AUSTRALIA CONGRESS - GOLD COAST
CONVENTION AND EXHIBITION CENTRE, 2-5 APRIL 2006,
GOLD COAST QUEENSLAND
(Report by Director - Policy, Planning and Environment, Ms R Tyne)

06/327

Item No: PPE003 - 06 - PALM COURT MARKET - UPDATE AND SURVEY
RESULTS
(Report by Hurstville Place Manager - Ms Cheryl Flynn) 05/1389

Item No: PPE004 - 06 - PROPOSED AMALGAMATION OF DEVELOPMENT
CONTROL PLANS INTO TWO COMPREHENSIVE
DEVELOPMENT CONTROL PLANS (HURSTVILLE
LGA-WIDE DCP AND CITY CENTRE DCP)
(Report by Strategic Planner, Mr D Smith) 05/1801 & 05/1802

Item No: PPE005 - 06 - STANDARD DEVELOPMENT CONSENT CONDITIONS
AND ADVICES
(Report by Manager - Development Control Administration,

Mr G Scotton) 05/1194

Item No: PPE006 - 06 - DIRECTION PROVIDED BY DEPARTMENT OF PLANNING
REGARDING AMENDMENTS TO HURSTVILLE LOCAL
ENVIRONMENTAL PLAN & COMPREHENSIVE LEP
REVIEW PROCESS
(Report by Manager Strategic Planning, Ms N Stores) 04/3219




___________________________________________________________________________
Meeting No. 1 to be held on 15/02/2006


HURSTVILLE CITY COUNCIL

CIVIC CENTRE, MACMAHON STREET, HURSTVILLE 2220


8th February, 2006


His Worship the Mayor and the Councillors

Dear Member,

I have by direction to inform you that a meeting of the POLICY, PLANNING, ENVIRONMENT AND MASTERPLAN IMPLEMENTATION Committee of the Council will be held at the Civic Centre, Hurstville, on WEDNESDAY 15TH FEBRUARY, 2006, at 7.00 P.M for consideration of the business mentioned hereunder.

Yours faithfully,





GENERAL MANAGER
B U S I N E S S:

6.00 p.m. Dinner

7.00 p.m. Policy, Planning, Environment and Masterplan Implementation Committee Meeting

1. Apologies

2. Disclosure of Interest

3. Consideration of reports submitted to the:

Policy, Planning, Environment and Masterplan Committee


COMMITTEE MEMBERSHIP: QUORUM: 3

Councillor P Sansom (Chairperson)
Councillor S McMahon
Councillor J Morris
Councillor C Lee






Meeting Date: 15/02/2006

PPE001 - 06MATTERS SUBMITTED FOR THE INFORMATION OF MEMBERS - LIMITED APPROVAL AND LEGAL MATTERS INVOLVING COURT ACTION

REPORT AUTHOR/S

Acting Minute Secretary, Ms C Hobson

FILE REFERENCE

C/00122

REASON FOR REPORT

For the information of members

DOES AN EXISTING POLICY COVER THIS MATTER?

No

IF "NO" - SHOULD A POLICY BE DEVELOPED?

No

FINANCIAL IMPLICATIONS

Nil

DOES THIS REPORT REFERENCE AN EARLIER REPORT? (If so, then indicate full report reference details)

No


EXECUTIVE SUMMARY
To update reports on Limited Approvals and Legal Matters Involving Court Action that are actioned by Development Control.

RECOMMENDATION
THAT the information be received and noted.

REPORT DETAIL
The attached reports are updated for the monthly Standing Committee Meeting.

APPENDIX

Legal Matters Involving Court Action
Legal Matters Involving Court Action 2006-2-3.pdf

Limited Approvals
Limited Consents February 2006.pdf

COMMITTEE RECOMMENDATION
THAT the information be received and noted.
(Moved Clr C Lee /Seconded Clr S McMahon )
COUNCIL RESOLUTION
RESOLVED THAT the information be received and noted.
(Moved Clr P Sansom/Seconded Clr C Minns)


Meeting Date: 15/02/2006

PPE002 - 06NEW ZEALAND PLANNING INSTITUTE AND PLANNING INSTITUTE AUSTRALIA CONGRESS - GOLD COAST CONVENTION AND EXHIBITION CENTRE, 2-5 APRIL 2006, GOLD COAST QUEENSLAND

REPORT AUTHOR/S

Director - Policy, Planning and Environment, Ms R Tyne

FILE REFERENCE

06/327

REASON FOR REPORT

To advise Council of the Congress and request approval for attendance of the Manager - Development Control and any interested Councillors

DOES AN EXISTING POLICY COVER THIS MATTER?

No

IF "NO" - SHOULD A POLICY BE DEVELOPED?

No

FINANCIAL IMPLICATIONS

From 2005/2006 allocated budget

DOES THIS REPORT REFERENCE AN EARLIER REPORT? (If so, then indicate full report reference details)

No


EXECUTIVE SUMMARY
Council has received advice that the New Zealand Planning Institute and Planning Institute Australia Congress is to be held at the Gold Coast Convention Centre, Queensland from 2 to 5 April, 2006.

The Congress will feature keynote addresses on subjects such as Transport Integration, Regional Planning, Healthy Cities, Development Assessment and Environmental/Natural Resource Management.

Councillors are advised of the event and invited to nominate if they are interested in attending the Congress.

RECOMMENDATION
THAT interested Councillors be authorised to attend the Congress and all registration fees and other expenses be paid by Council in accordance with Council's Conference Attendance Policy and that the source of the funding be identified from within the 2005/-6 budget.

REPORT DETAIL
Council has received advice that the New Zealand Planning Institute and Planning Institute Australia Congress is to be held at the Gold Coast Convention Centre, Queensland from 2nd to 5th April, 2006.

The Congress will feature keynote addresses on subjects such as Transport Integration, Regional Planning, Healthy Cities, Development Assessment and Environmental/Natural Resource Management.

The Manager - Development Control will attend and interested Councillors are invited to nominate to also attend the Congress.

The cost to attend the Congress is $850.00 per delegate, exclusive of travel and accommodation. Funding is available in the current budget to cover the expenses for Mr Young's attendance at the Congress.

The Director - Administration has advised that funds in the Delegates Expenses for 2005/06 have been expended and if any Councillors wish to nominate for the Conference, a decision on the source of funding from within the current budget will need to be made.

APPENDIX


COMMITTEE RECOMMENDATION
THAT interested Councillors be authorised to attend the Congress and all registration fees and other expenses be paid by Council in accordance with Council's Conference Attendance Policy and that the source of the funding be identified from within the 2005/-6 budget.
(Moved Clr C Lee /Seconded Clr S McMahon )
COUNCIL RESOLUTION
RESOLVED THAT interested Councillors be authorised to attend the Congress and all registration fees and other expenses be paid by Council in accordance with Council's Conference Attendance Policy and that the source of the funding be identified from within the 2005/-6 budget.
(Moved Clr P Sansom/Seconded Clr C Minns)


Meeting Date: 15/02/2006

PPE003 - 06PALM COURT MARKET - UPDATE AND SURVEY RESULTS

REPORT AUTHOR/S

Hurstville Place Manager - Ms Cheryl Flynn

FILE REFERENCE

05/1389

REASON FOR REPORT

To inform Council on the results of a survey carried out on the Palm Court carpark trial.

DOES AN EXISTING POLICY COVER THIS MATTER?

No

IF "NO" - SHOULD A POLICY BE DEVELOPED?

No

FINANCIAL IMPLICATIONS

Market funded from HTIR. Reduction of stall holder fee from $50 to $30 per market.

DOES THIS REPORT REFERENCE AN EARLIER REPORT? (If so, then indicate full report reference details)

No


EXECUTIVE SUMMARY
As part of the adopted Hurstville Master Plan implementation, it was agreed to trial the use of Palm Court carpark for other activities. The Palm Court Market has now been held for 3 months and a survey of customers, tenants and owners was completed in December. Survey questions included postcode and mode of travel, pricing, market acceptability, open space and parking. Results from the survey and opportunities for future market operation are proposed. It is reccommended that if the market is continued there be a reduction in stallholder fees to $30, earlier start and finish time with a further report to Council on the market operation in July 06.

RECOMMENDATION
THAT the Palm Court market continue to operate with a reduced charge of $30 per site for stallholders for the months of March, April, May, June 06 with a further report on the operations of the market to Council in July.

FURTHER THAT the hours of operation of the market be from 9.30 am to 2.30 pm with the carpark closure being from 6am to 3.30pm (currently approved from 6am to 6pm).

REPORT DETAIL
Background
The Hurstville City Centre Master Plan (Dec 04), sets out a future program of initiatives to improve and revitalise the commercial heart of the Hurstville City Centre. Increasing city amenity, well-designed, public domain/open space, attracting employment/commercial office space and providing more carparking on the edge of the City centre are key elements of the masterplan.

The Master Plan identifies Palm Court carpark as an area for open space, due to the limited supply of suitable sites that can provide for public amenity in the CBD. Palm Court, as open space provides the opportunity of good solar access, linkages unifying the long stretch of Forest Road, a significant Feng Shui location, and with the cars removed a potential "green breathing" space in a central location.

To implement the Masterplan, Council determined as an "early work" to hold a monthly market on a trial basis to showcase the option of greater public use of Palm Court. As a result this report provides information on the operations of the market to date.

The Palm Court Market has operated during October, November and December 2005 on the first Saturday of each month from 11am to 4pm. The carpark is closed to traffic between 6am and 5pm. During December surveys of customers, stall holders and surrounding owners and operators were conducted.

The questions considered, travel, home postcode, price, open space availability in CBD, the loss of parking and comment about the market initiative.

Survey and Results
76 surveys were delivered/administered with 56 surveys being completed or returned. 3 complaints were also received from tenants adjacent to the car park. A summary of the survey outcomes is as follows,

Postcode and travel mode of customers
Over 80% of respondents lived in Hurstville 2220. Other suburbs were all in the St George region with only 3 respondents more than 15 km away. 45 % walked to the market. 25% arrived by car and parked in the CBD, 20% by train/bus.

Comment -The market attracts a local audience and public transport options should be communicated to this target market. The majority of respondents walk to site, however a significant number drive and park in CBD. Treacy St car park and Westfields car park dominate as parking locations. Increasing parking spaces in Treacy Street was recommended by 15 respondents.

Price
This question was only asked of stall holders and applicants for stalls.

The current charge to a stall holder is $50 per market, with the decision made to trial a premium price to assess market acceptance. The initial response from local businesses was overwhelming but the vast majority did not meet Councils requirement for public liability coverage. Insurance costs around $270-350 per year with the costs met by the stall holder, while some markets provide insurance cover, it is recommended that public liability cover remain the responsibility of the stall holder to procure. Of the experienced market stall holders the price of $50 per site was not considered competitive being $20 more per site than any other regional centre market. Eg Burwood is $15.

Comment – Current pricing considered too expensive. To encourage the consistent attendance of experienced market stall holders it is recommended by the St George Asian Business Association that the cost be reduced to $30 per site per market, with a requirement of three consecutive months to be paid. This should result in more experienced stall holders consistently attending.

Availability of open space in city centre
99% of respondents said there was not enough open space eg parks in the city centre. 40 % also commented that there was a need for more trees and leisure spaces in CBD.

Comment – Master Plan initiatives for open space and landscaping have high customer support.

Should Palm Court car park become open space/park?
32% of customers indicated it was a good idea for the car park to become open space. 20% said it was not acceptable. The remainder offered no comment. Of the surrounding tenants the majority, (6) did not want the car park to be open space. 1 supported the park concept while 4 would not comment. 3 adjacent tenants strongly complained of the loss of business, due to no cars parking outside their business (reports by one trader of losses of $2000 on November market day).

Concerns were also raised about access to the Medical Centre for patients unable to walk very far.

Comment - To accommodate the Medical Centre the Treacy St entrance is able to be opened for emergency vehicles and a drop of point at the barricades of the Treacy St entrance has been provided. However this still will result in inconvenience for people visiting the medical centre.

Only 2 property owners returned the survey requesting that the carpark remain in operation Monday to Friday and that emergency vehicles and patient drop-off must be maintained no matter what happened.

The loss to businesses is acknowledged as the participant and customer numbers are still building. It is intended that with the proposed changes over the next three months customers and stall holder numbers will increase. It is also recommended that the market end at 2.30pm not 4pm as at present. This allows the reopening of the Palm Court car park for the remainder of the trading day, to lessen the impact on Forest Road traders.

Will you return to the market next month?
85% of customers would return to the markets next month. Comments were positive about having functions and interesting events happening in Hurstville.
12% commented they would not return and 3 respondents thought the market was a bad idea.

Comment – The majority of respondents want to see the market continue in this location or another in the CBD. A suggestion was made of MacMahon Street as an alternate location. Stall holders commented it takes time and a regular date to build numbers. It is recommended that the market continues due to customer acceptance.

Further comments
40% of customers made extra comments, significantly half of those comments requested extra parking in Hurstville, lack of parking in the City centre was by far the number one issue, along with the need for increasing leisure space and the market concept being good for the community.

While the market has taken time to become known, it is still in the early stages. The opportunity to show the public, the possiblilities of extra open space, is clearly identified in the future plans for open space and amenity adopted in the Hurstville City Centre Master Plan. Continuing the market for the next 4 months will give more residents and visitors this opportunity. For the adjacent tenants closing the carpark for customer parking once per month will also continue to be an issue.


APPENDIX


COMMITTEE RECOMMENDATION
THAT the Palm Court market continue to operate with a reduced charge of $30 per site for stallholders for the months of March, June, September, December 06 with a further report on the operations of the market to Council to follow.

FURTHER THAT the hours of operation of the market be from 9.30 am to 2.30 pm with the carpark closure being from 6am to 3.30pm (currently approved from 6am to 6pm).
(Moved Clr S McMahon /Seconded Clr C Lee )
COUNCIL RESOLUTION
RESOLVED THAT the Palm Court market continue to operate with a reduced charge of $30 per site for stallholders for the months of March, June, September, December 06 with a further report on the operations of the market to Council to follow.

FURTHER, THAT the hours of operation of the market be from 9.30 am to 2.30 pm with the carpark closure being from 6am to 3.30pm (currently approved from 6am to 6pm).
(Moved Clr P Sansom/Seconded Clr C Minns)


Meeting Date: 15/02/2006

PPE004 - 06PROPOSED AMALGAMATION OF DEVELOPMENT CONTROL PLANS INTO TWO COMPREHENSIVE DEVELOPMENT CONTROL PLANS (HURSTVILLE LGA-WIDE DCP AND CITY CENTRE DCP)

REPORT AUTHOR/S

Strategic Planner, Mr D Smith

FILE REFERENCE

05/1801 & 05/1802

REASON FOR REPORT

This report is an addendum to report Item PPE 057-05, 30 November 2005 and relates to the consolidation of all of Council existing DCPs and some Codes into two comprehensive DCPs for the LGA (i.e. DCP No. 1: Hurstville LGA-wide and DCP No. 2: Hurstville City Centre). This report recommends amendments to the Outbuildings Code and that they be incorporated into the two new draft plans and be placed on public exhibition.

DOES AN EXISTING POLICY COVER THIS MATTER?

Yes

IF "NO" - SHOULD A POLICY BE DEVELOPED?

No

FINANCIAL IMPLICATIONS

Nil

DOES THIS REPORT REFERENCE AN EARLIER REPORT? (If so, then indicate full report reference details)

Yes Item PPE026-05, 18 May 2005, PPE 057-05, 30 November 2005.


EXECUTIVE SUMMARY
This report is an additional report to Item PPE 057-05, 30 November 2005. The report provides information on proposed amendments to the existing Outbuildings Code and recommends that these amendments be incorporated into the proposed two new comprehensive DCPs for the LGA (i.e. DCP No. 1: Hurstville LGA-wide DCP (which covers the whole LGA excluding the Hurstville City Centre) and DCP No. 2: Hurstville City Centre DCP (which only covers the City Centre Business Zone 3(b)).

As outlined in Item PPE 057-05, new planning legislation requires that there is to be only one DCP that applies to a parcel of land when a DCP is made on or after 30 April 2006. This means that if Council wishes to ‘prepare a new’ DCP or ‘amend’ an existing DCP after 30 April 2006, then only one DCP can apply to a parcel of land.

RECOMMENDATION
THAT Council include the Code for Single Dwelling Houses and the Outbuildings Code in the new DCP No. 2 – Hurstville City Centre.

THAT Council endorse the proposed amendments to the existing Outbuildings Code as outlined in this report and that these amendments form part of the new draft Development Control Plan No.1 - Hurstville LGA-wide DCP (which covers the whole LGA excluding the Hurstville City Centre) and Development Control Plan No.2: Hurstville City Centre DCP (which only covers the City Centre Business Zone 3(b)).

FURTHER THAT Council publicly exhibit the two draft Development Control Plans No. 1 and No. 2 in accordance with clauses 18 and 19 of the Environmental Planning and Assessment Regulation 2000.

REPORT DETAIL
BACKGROUND – NEW LEGISLATION

As outlined under item 057-05 at the PPE meeting of 30 November 2005, as part of the NSW planning reforms, new planning provisions were introduced on 30 September 2005 as part of the Environmental Planning and Assessment Act 1979.

In relation to DCPs, the new legislation states that there is to be only one DCP that applies to a parcel of land when a DCP is made on or after 30 April 2006. This means that if Council wishes to ‘prepare a new’ DCP or ‘amend’ an existing DCP after 30 April 2006, then only one DCP can apply to a parcel of land.

As a result of this new legislation Council cannot proceed with any amendments to existing DCPs or prepare new DCPs, until Council prepares a comprehensive LGA wide DCP or site specific DCPs which ensure that only one DCP applies to a parcel of land.

PROPOSED COMPREHENSIVE DCPS FOR HURSTVILLE LGA

As outlined in PPE Item 057-05 of 30 November 2005, in order for Council to comply with the new planning legislation and to enable Council to prepare new and amend existing DCPs, it is proposed that Council amalgamate all of the existing DCPs and some Codes into two comprehensive DCPs for the LGA. The two new DCPs proposed include:

- DCP 1: Hurstville LGA-wide DCP (which covers the whole LGA excluding the Hurstville City Centre)

- DCP 2: Hurstville City Centre DCP (which only covers the City Centre Business Zone 3(b))

The creation of these two DCPs will ensure that there is only one DCP which applies to a parcel of land in the LGA.

DCP No.1 - Hurstville LGA-wide DCP

The Hurstville LGA-wide DCP is proposed to include all those DCPs that currently apply to land throughout the LGA (excluding the City Centre).

It is proposed that those DCPs listed below be incorporated into the Hurstville LGA-wide DCP. A number of amendments are proposed to the existing DCPs and as a result these amendments will form part of the new DCPs. Provided below is detail of the proposed amendments to the existing DCPs.



    Proposed DCP No. 1
    Hurstville LGA-wide Development Control Plan
(excludes Hurstville City Centre)
Interim Residential Development Code (IRDC)
Code for Single Dwelling Houses
Outbuildings Code
Extended Trading Hours Policy
DCP No 2 Car Parking
DCP No 5 Radio communications and Telecommunications
DCP No 6 Child Care Centres
DCP No 7 Light Industrial Areas
DCP No 9 Melvin Street South and Egdebaston Road, Beverly Hills
DCP No 10 Small Lot Housing
DCP No 11 Dual Occupancy Housing
DCP No 12 Beverly Hills
DCP No 13 Riverwood
DCP No 14 Exempt and Complying Development
DCP No 15 Contaminated Lands
DCP No 17 Neighbour Notification and Advertising of Development Applications
DCP No 18 Crime Prevention Through Environmental Design
DCP No 19 Access and Mobility
DCP No 20, 33 The Avenue Hurstville
DCP No 21 Former St George Budapest Club
DCP No 22 Energy Efficiency
DCP No 23 Advertising and Signage
DCP No 24 Housing for Seniors or People with a Disability
DCP No 26 Food Premises
DCP No 27 Restricted Premises
DCP No 28 Swimming Pools and Spas
DCP No 29 Hairdressing, Beautician and Skin Penetration Premises
DCP No 30 Subdivision
Draft DCP No 25 – Bushfire Sensitive Land (subject to Council’s resolution on 23 Nov. 05)

DCP No. 2 - Hurstville City Centre DCP

The Hurstville City Centre DCP is proposed to include all those DCPs that currently apply to land within the City Centre that is zoned City Centre Business Zone 3(b)

It is proposed that those DCPs listed below be incorporated into the Hurstville City Centre DCP. A number of amendments are proposed to the existing DCPs and as a result these amendments will form part of the new DCPs. Provided below is detail of the proposed amendments to the existing DCPs.


    Proposed DCP No. 2
Hurstville City Centre Development Control Plan
Interim Residential Development Code (IRDC)
Code for Single Dwelling Houses
Outbuildings Code
Extended Trading Hours Policy
DCP No 2 Car Parking
DCP No 4 Hurstville Town Centre V 1, 2 & 3
DCP No 5 Radio communications and Telecommunications
DCP No 6 Child Care Centres
DCP No 14 Exempt and Complying Development
DCP No 15 Contaminated Lands
DCP No 17 Neighbour Notification and Advertising of Development Applications
DCP No 18 Crime Prevention Through Environmental Design
DCP No 19 Access and Mobility
DCP No 22 Energy Efficiency
DCP No 23 Advertising and Signage
DCP No 24 Housing for Seniors or People with a Disability
DCP No 26 Food Premises
DCP No 27 Restricted Premises
DCP No 28 Swimming Pools and Spas
DCP No 29 Hairdressing, Beautician and Skin Penetration Premises
DCP No 30 Subdivision

Proposed Amendment to Existing Outbuildings Code

Provided below is an outline of the proposed amendment to provisions in the existing Outbuildings Codes. As all of the existing DCPs and Codes are to be amalgamated into the two new DCPs No.1 and No.2, these proposed amendments will form part of the two new DCPs and therefore require Councils endorsement of the proposed changes and exhibition.

There are a number of discrepancies within the Outbuildings Code which relate to the FSR and/or landscaping requirements which conflict with the existing Code for Single Dwelling Houses.

The Outbuildings Code states that in Part 6.2 Allotment Coverage: The dwelling House and all roofed buildings must not cover more than two-thirds of the allotment of land. Also it states that in Part 6.3 – Size: the total floor space index of a dwelling and its outbuildings (exclusive of garage space to a total area of 40 square metres) shall not exceed 0.5:1. There is an inconsistency with these two controls, and the controls in the Single Dwellings Code relating to landscaping requirements. The appropriate landscaping controls in the Outbuildings Code need to be amended to be consistent with the Single Dwellings Code and the controls on FSR and allotment coverage removed from the Outbuildings Code.

The Code for Single Dwelling Houses clearly highlights the three options for dwelling design, using building envelopes, maximum FSR and building setbacks and heights. Also there is a clear provision for landscaping requirements on-site.

The proposed amendment to the Outbuildings Code is to ensure the consistency within both of these documents, as they each describe a different requirement for the minimum landscaping that is required on-site. The requirements for the maximum size of outbuildings will be described using the minimum landscaping component as the main planning control. There is currently a minimum of 55% landscaping component to foreshore protection zones (Development Area A), and a minimum of 50% site coverage of landscaping for all other residential areas (Development Areas B, C and D).

Outbuildings can be constructed on a residential site where the minimum landscaping component is adhered to as the main planning control, as well as the other setback and size requirements as stated in the existing Outbuildings Code.

New DCP No. 2 Hurstville City Centre – Additional Information:

Due to the there being a number of existing dwelling houses located in the commercially zoned land in the Hurstville City Centre, the Code for Single Dwelling Houses and the Outbuildings Code is proposed to be included in the list of existing DCPs and Codes (as shown above) to be included in the new Hurstville City Centre DCP.

Public Exhibition and Consultation for Draft Plans

Council staff are currently finalising the amendments to the various DCPs as previously resolved by Council. Once Council has compiled the two comprehensive DCPs and made the proposed amendments, the draft plans will be required to be publicly exhibited in accordance with the requirements of the EP&A Act Regulation 2000. It is proposed that this process be undertaken as soon as possible.

In addition clause 21A of the EP&A Act Regulation requires that Council must refer any draft DCP (including an amending plan) containing provisions that apply to residential flat development to the Design Review Panel and take into consideration any comments made by the Panel.

Repeal of Existing DCPs

Once the two new DCPs have been exhibited and if adopted by Council, it is proposed that the existing DCPs be repealed in accordance with the clause 23 of the EP&A Act Regulation 2000.

Before repealing a DCP Council must give public notice in a local newspaper (at least 14 days before publication of the notice of repeal) of its intention to repeal the DCPs and of the reasons for doing so.

CONCLUSION

As part of compilation of the two new comprehensive DCPs for the LGA (i.e. DCP No. 1: Hurstville LGA-wide DCP and DCP No. 2: Hurstville City Centre DCP), it is proposed that a number of amendments be made to current provisions in the Outbuildings Code for the landscaping component as the main planning controls for residential areas. It is recommended that these amendments be made and incorporated into the two new draft DCPs and be placed on public exhibition for comment.

APPENDIX


COMMITTEE RECOMMENDATION
THAT Council include the Code for Single Dwelling Houses and the Outbuildings Code in the new DCP No. 2 – Hurstville City Centre.

THAT Council endorse the proposed amendments to the existing Outbuildings Code as outlined in this report and that these amendments form part of the new draft Development Control Plan No.1 - Hurstville LGA-wide DCP (which covers the whole LGA excluding the Hurstville City Centre) and Development Control Plan No.2: Hurstville City Centre DCP (which only covers the City Centre Business Zone 3(b)).

FURTHER THAT Council publicly exhibit the two draft Development Control Plans No. 1 and No. 2 in accordance with clauses 18 and 19 of the Environmental Planning and Assessment Regulation 2000.

(Moved Clr S McMahon /Seconded Clr C Lee )
COUNCIL RESOLUTION
RESOLVED THAT Council include the Code for Single Dwelling Houses and the Outbuildings Code in the new DCP No. 2 – Hurstville City Centre.

THAT Council endorse the proposed amendments to the existing Outbuildings Code as outlined in this report and that these amendments form part of the new draft Development Control Plan No.1 - Hurstville LGA-wide DCP (which covers the whole LGA excluding the Hurstville City Centre) and Development Control Plan No.2: Hurstville City Centre DCP (which only covers the City Centre Business Zone 3(b)).

FURTHER, THAT Council publicly exhibit the two draft Development Control Plans No. 1 and No. 2 in accordance with clauses 18 and 19 of the Environmental Planning and Assessment Regulation 2000.
(Moved Clr P Sansom/Seconded Clr C Minns)


Meeting Date: 15/02/2006

PPE005 - 06STANDARD DEVELOPMENT CONSENT CONDITIONS AND ADVICES

REPORT AUTHOR/S

Manager - Development Control Administration, Mr G Scotton

FILE REFERENCE

05/1194

REASON FOR REPORT

Adoption of revised standard development consent conditions and advices

DOES AN EXISTING POLICY COVER THIS MATTER?

Yes. It is proposed that the new standard conditions will replace the current standard conditions

IF "NO" - SHOULD A POLICY BE DEVELOPED?

No

FINANCIAL IMPLICATIONS

N/A

DOES THIS REPORT REFERENCE AN EARLIER REPORT? (If so, then indicate full report reference details)

No


EXECUTIVE SUMMARY
A comprehensive review and update of the standard development consent conditions and advices is complete, following consultation with key stakeholders. The review has resulted in a new standard development consent conditions and advices document, an index, and also a matrix to indicate the types of development for which each development consent condition and advice is ordinarily suited. These documents are attached.

RECOMMENDATION
THAT the revised development consent conditions, advices and matrix attached to this report be adopted as the "standard sets" for the purpose of reference in future reports on Development Applications.

THAT the new development consent conditions and advices apply to all development consents issued on or after 1 April 2006.

FURTHER THAT the former standard development consent conditions and advices be rescinded from 1 April 2006.

REPORT DETAIL

I recently coordinated a comprehensive review of the standard development consent conditions and advices, which involved:

1. Consulting of all stakeholders who report on key issues including drainage, subdivision, engineering, fire safety, health, landscaping. section 94 contributions, traffic and waste.

2. Deleting obsolete conditions/advices and adding new conditions and advices.

3. Updating existing conditions/advices and rewording text to a concise plain English style.

4. Rewording text for uniformity, including a requirement of exactly when conditions must be met.

5. Incorporating all conditions/advices into one standard set.

6. Grouping of conditions/advices into subjects alphabetically, to assist ease of location.

7. Rewording, taking into account advice received at a seminar given by a number of prominent Barristers.

8. Deleting lengthy conditions not essential to a consent, such as those on the Building Code of Australia issues, or those quoting in detail other documents like a Development Control Plan - instead one condition calls up all relevant DCP's or the like, and specifies the edition of the document that applied at the time of consent issue.

9. Production of a comprehensive index.

10. Review and some further editing by Council's Solicitor.

The attached spreadsheet matrix indicates the "types" of developments for which each condition and advice is applicable. The development "types" are advertising and signage, air conditioner, change of use, child care centres, commercial, deferred commencement, demolition, dual occupancy, hoarding, mixed commercial, modification, single dwelling, outbuilding, residential flat building, subdivision, swimming pool, townhouse/villa, tree removal, and industrial.

The main purpose of this report is to seek endorsement and formal adoption of the resulting documentation, and to allow for referral to a standard set of conditions/advices in DA reports.

The matrix will be used to assemble a template consent, and also to identify additional special site specific conditions that may be required for a certain application.

It is anticipated that the use of these consent conditions and advices will provide for:

1. Greater accuracy and ease of understanding of consents.

2. Simpler consents, many with considerably less number of pages.

3. Compliance with relevant legislation and Court decisions.

4. Incorporation of conditions and advices to reflect concerns raised by Councillors in dealing with applications in the past. Eg. Conditions have been included to:

* Require Owners' Corporations to be responsible for the removal of graffiti and unauthorised signs including bill posters.

* Ensure security shutters are open grille/trellis style and not solid roller shutters.

* Ensure goods are not displayed outside a shop on the footpath.

5. Greater ease of enforceability of conditions.

6. Greater efficiency in the preparation of consents.

Following adoption of the revised standard conditions, references in Development Application reports will be to the new standard conditions for the relevant category of development. Any additional conditions that are required due to the circumstances of the case will be detailed in the Development Assessment Committee Report. The amount of the Section 94 fees will also be specified in the report.

The draft conditions were referred to Peter Rigg to be checked for legal compliance and any recommended amendments have been included in the attachment.




APPENDIX
Standard Conditions - index alphabetic.doc Standard Conditions D.doccond adv matrix.xls

COMMITTEE RECOMMENDATION
THAT the revised development consent conditions, advices and matrix attached to this report be adopted as the "standard sets" for the purpose of reference in future reports on Development Applications subject to WA3(b) being amended to refer to 3 units rather than 5 units.

THAT the new development consent conditions and advices apply to all development consents issued on or after 1 April 2006.

THAT the former standard development consent conditions and advices be rescinded from 1 April 2006.

FURTHER THAT Mr Young and the relevant officers be congratulated for the work involved.
(Moved Clr S McMahon /Seconded Clr C Lee )
COUNCIL RESOLUTION
RESOLVED THAT the revised development consent conditions, advices and matrix attached to this report be adopted as the "standard sets" for the purpose of reference in future reports on Development Applications subject to WA3(b) being amended to refer to 3 units rather than 5 units.

THAT the new development consent conditions and advices apply to all development consents issued on or after 1 April 2006.

THAT the former standard development consent conditions and advices be rescinded from 1 April 2006.

FURTHER, THAT Mr Young and the relevant officers be congratulated for the work involved.
(Moved Clr P Sansom/Seconded Clr C Minns)


Meeting Date: 15/02/2006

PPE006 - 06DIRECTION PROVIDED BY DEPARTMENT OF PLANNING REGARDING AMENDMENTS TO HUSRTVILE LOCAL ENVIRONMENTAL PLAN & COMPREHENSIVE LEP REVIEW PROCESS

REPORT AUTHOR/S

Manager Strategic Planning, Ms N Stores

FILE REFERENCE

04/3219

REASON FOR REPORT

This report informs Council of the Department of Plannings advice regarding minor amendments to Local Environmental Plans. Also the report outlines the proposed staged process for the comprehensive review of the Hurstville LEP.

DOES AN EXISTING POLICY COVER THIS MATTER?

Yes

IF "NO" - SHOULD A POLICY BE DEVELOPED?

No

FINANCIAL IMPLICATIONS

Nil

DOES THIS REPORT REFERENCE AN EARLIER REPORT? (If so, then indicate full report reference details)

Yes Item PPE026-05, 18 May 2005.


EXECUTIVE SUMMARY
This report is outlines the advice Council has received from the Department of Planning regarding minor amendments to local environmental plans (LEP). The Department has requested that Councils avoid minor amendments to existing LEPs with priority given to the comprehensive review of the LEP. The Department have advised that for amendments to proceed in the transition period, it should be by exception and Council will need to demonstrate a compelling case which meets given criteria

This report also outlines a proposed staged process for the comprehensive review of Hurstville LEP 1994. Council has been given five years to complete the comprehensive review of the LEP in accordance with the new NSW Standard LEP Template. This process will involve reviewing all the zone and planning controls which currently apply. The first stage of this process is proposed to be the review of the Commercial Centres planning controls. Council will be engaging a planning consultant and urban designer with grant funds received from the Department, to commence this work. Should Council endorse this staged process, Council will seek agreement from the Department of Planning to the process.

RECOMMENDATION
THAT the information in this report be received and noted by Council.

THAT Council endorse the staged process for the comprehensive review of Hurstville Local Environmental Plan in accordance with the new NSW Standard LEP Template, which is currently being prepared by the Department of Planning.

FURTHER THAT Council seek agreement from the Department of Planning to the staged process for the comprehensive review of Hurstville Local Environmental Plan.

REPORT DETAIL
BACKGROUND

NSW Planning Reforms

In September 2004 the Minister for Planning announced new Planning Reforms to create a more modern planning system. One of the major reforms is the creation of a Standard LEP template by the Department which all Council’s will be required to have in place within five years. Hurstville Council has been advised by the Department that Council will need to have the new LEP within five years.

The new LEP template is expected to be finalised by the Department in the near future. The new local environmental plans will have to be consistent with State and regional directions and will deliver all mandatory development controls. A report to Council on 25 May 2005 (Item PPE26-05) provides further information in relation to the Planning Reforms.

Amendments to Local Environmental Plans

The Department of Planning have advised Council that priority and effort needs to be directed to strategic planning and the preparation of the new LEP. They have requested that Council’s avoid proposing minor amendments to existing LEPs. They have advised that for amendments to proceed in the transition period, it should be by exception and Council will need to demonstrate a compelling case. They have noted that there will be instances where Council’s may be able to justify preparing a draft amending LEP in advance of the new instrument being prepared. Examples of such exceptions include:

- the amendment is to facilitate an employment generating activity
- existing provisions in the LEP jeopardise or undermine State Government policy
- the amendment implements agreed strategic direction for development in the area, including land release or preservation of strategic corridors
- Council has completed strategic work and delays in implementing recommendations would be unreasonable and inefficient.

At a recent meeting between Council officers and staff at the Department of Planning, the Department reinforced their position in relation to minor LEP amendments and indicated that some of Councils proposed minor amendments to the LEP may not be able to be justified on the basis of the above criteria.

Further discussions will be held with the Department regarding each LEP and their importance and strategies to combine a number of minor LEP amendments into one LEP amendment. Councillors will be briefed following the PPE Committee Meeting on the outstanding draft LEP amendments which are currently being prepared by Council officers.

Comprehensive Review of Hurstville LEP

As previously reported to Council, Council received grant funding from the Department of Planning to commence the comprehensive review of Hurstville LEP in accordance with the new Standard LEP Template. Grant funds were received for the following projects:

- Engage an urban designer (shared position with Canterbury Council)
- Engage a consultant planner
- Demographic / market forecast study and urban form study for City Centre

Council has commenced the process of reviewing the LEP and will be engaging the urban designer and planning consultant in February. Consultants will also be engaged early this year to commence the forecast and urban form studies for the City Centre.

As the comprehensive review of the LEP will be a large project which will take a substantial amount of time and staff and consultant resources, it is proposed that the process be undertaken in a number of stages.

Stage 1: Commercial Zones
Stage 2: Residential Zones
Stage 3: Industrial Zones
Stage 4: All other Zones

Each stage will involve a review of all of the existing zones and planning controls which apply under the LEP and DCPs and how the new Standard LEP Template provisions will apply. It is proposed that after each stage is completed that the proposed amendments to the LEP be submitted to the Department of Planning to seek exhibition and gazettal. This will enable the process to be undertaken over a period of time and be completed within the five year timeframe set by the Department.

Should Council endorse this staged process of review of the LEP, Council will seek a formal agreement from the Department of Planning to undertake the review in a number of stages, with each stage gazetted upon completion.

It is proposed that the Commercial Zones be the first stage of the review as Council has previously resolved to undertake a review of the commercial centre controls. This process would be undertaken by the urban designer and planning consultant and involve a number of supporting studies (e.g. landuse study and review of carparking controls). It is proposed that the Penshurst Commercial Centre be the first centre to be reviewed as substantial work has already been undertaken for this centre.

There will be a subsequent report to Council to outline the Comprehensive LEP review process in more detail.


APPENDIX


COMMITTEE RECOMMENDATION
THAT the information in this report be received and noted by Council.

THAT Council endorse the staged process for the comprehensive review of Hurstville Local Environmental Plan in accordance with the new NSW Standard LEP Template, which is currently being prepared by the Department of Planning.

FURTHER THAT Council seek agreement from the Department of Planning to the staged process for the comprehensive review of Hurstville Local Environmental Plan.
(Moved Clr S McMahon /Seconded Clr C Lee )
COUNCIL RESOLUTION
RESOLVED THAT the information in this report be received and noted by Council.

THAT Council endorse the staged process for the comprehensive review of Hurstville Local Environmental Plan in accordance with the new NSW Standard LEP Template, which is currently being prepared by the Department of Planning.

FURTHER, THAT Council seek agreement from the Department of Planning to the staged process for the comprehensive review of Hurstville Local Environmental Plan.
(Moved Clr P Sansom/Seconded Clr C Minns)