Issues
Planning and Development
OBJECTION TO SF 10125
Letter to Department Of Planning, Shoalhaven City Council, dated 8 December 2009 (click to read)
PROPOSED DEVELOPMENTS IN MANYANA AREA
DEPARTMENT OF PLANNING (MAJOR PROJECT APPLICATIONS)
1) MP 05-0059 -182
lot subdivision on 2a1 residential land Berringer Road Manyana -
Proponent Malbec P/L.
Application was approved 8th July, 2008
Details and conditions of approval are available on Department of Planning Web
Site www.planning.nsw.gov.au Go to Project assessments – Notices of determination – Scroll down.
2) MP 06-0165 -58 lot subdivision on 2a1 residential land
Manyana Drive and Sunset Strip Manyana – Proponent Vacenta P/L.
Part 3A application has now been lodged with DOP Details are available on
Department of Planning Web Site www.planning.nsw.gov.au Go to Project assessments - Major
project register – Scroll down.
SHOALHAVEN CITY COUNCIL (Current Applications)
1) DA08/1258 - 75
lot Caravan Park on rural 1d land Inyadda Drive - Apllication for long term housing in the park was declined
by Council.
Applicant has
lodged a Review of Council's decision which incorporates an ammendment to a 75 site short term tourist caravan park.
Details of the
application are available on Council web site www.shoalhaven.nsw.gov.au - Go to DA Tracking - insert number RD08/1004.
Council declined to
review their original decision and the decision has now been referred to the
Land and Environment Court. The matter will be heard on 26th/27th November.
2) SF/10011
subdivision on residential 2a1 land North Bendalong.
Council has
approved a 10 lot subdivision (reduced from 18 lots).
Approval is subject
to various conditions.Details are available on
Council Web Site www.shoalhaven.nsw.gov.au - Go to DA Tracking - insert number SF10011.
The applicant
lodged a Waiver of a Masterplan application with DOP in relation to an
amended 22 lot subdivision on the same site refer Council DA Tracking site (SF 10125).
OTHER
1)
Corner Inyadda Drive and Curvers Drive – Owner Kylor P/L
Council received a request from Kylor to have their
land rezoned as part of the City Wide Growth Management Strategy and LEP Review
currently being undertaken, from the current zonings to mainly residential 2a1.
Council declined the request but has indicated that it is prepared to consider
rezoning the land as a separate LEP when the above City Wide LEP review process
is completed. Probably early 2009. The rezoning requested would increase the
density of the land from around 226 lots to around 526 lots.
Kylor lodged a subdivision request on lot 1070
on 26th October 2009, seeking to divide the lot into two lots,
thereby transferring the commercial lot to a separate title. Refer Council DA
Tracking site SF10123
2) Corner Inyadda Drive and Berringer Road – Owner Malbec P/L.
Malbec indicated in their Manyana Township Concept Plan prepared in November
2006 that they will be actively seeking to have this 39.85 hectare parcel of
land rezoned from rural 1d to residential 2a1 with a yield of 320 – 350 lots.
They have had discussions with Department of Planning and Shoalhaven City
Council, including Shoalhaven Councilors in this
regard.
Council has confirmed that Malbec requested that it consider rezoning the land
to residential 2a1, as part of the City Wide Growth Management Strategy and LEP
Review. We have been advised by Council that no actual rezonings will be undertaken as part of the LEP review as the process,
initiated by Department of Planning, is mainly to bring all current Council
zonings in line State Wide.
The land is partly subject to the above Caravan Park Application DA 08/1258. It
is now not clear as to the owner’s actual intentions regarding this site.
Local Environment Plan (2009)
Shoalhaven City
Council has submitted its new Draft City Wide Local Environment Plan (LEP) to
the NSW Department of Planning for review and approval to place the document on
public exhibition.
Due to pecuniary
interest issues Council delegated the consideration of the LEP to Council's
General Manager and other senior staff.
The finalised draft
LEP (the written instrument and the zone maps) can be reviewed on Council's web
site at http://shoalhaven.nsw.gov.au/council/pubdocs/communityissues/default.htm
All members of the
community will be able to make submissions on the draft LEP once it has been
reviewed by the Department of Planning and is then placed on exhibition for
community feedback. Exhibition will most likely take place later this year or
early 2009.
Council will keep
the community updated on the progress of this important planning document,
which applies to the entire Shoalhaven Local Government Area.
Council has advised
recently that the review is now not anticipated to go on exhibition until early
2010.
Caravan Park Declined by Council
Following the
decision by Council's Development Committee to recommend refusal of the
application (see details below), Malbec sought a late amendment to the
application, such that the application be modified to a short stay caravan site ie tourist park). Council did not agree to the
request and proceeded to determine the current application by way of REFUSAL
(with a vote of 8-3) for the following reasons:
1.
Pursuant to the provision of SEPP 21
Clause 10 (a) the site considered to be unsuitable for the proposed development
in respect to the location and character of the land.
2.
Pursuant to Section 79C (b) the
likely social impact of the development is unacceptable.
3.
Pursuant to Section 79C (c) the site
is not suitable for the development due to the relative isolation of the site.
4.
Pursuant to Section 79C (e) the
development is not considered to be in the public interest due to the
significant negative social and economic impacts associated with the
development proposal.
It is understood
that the proponent has 12 months to request Council to review its determination
and 12 months to appeal the decision to the Land and Environment Court.
Development Committee Unanimously Refuses Manyaya Development
Gareth Ward
Wednesday, 12 November 2008
SHOALHAVEN City
Development Committee Chairperson Gareth Ward has announced that the
Development Committee has unanimously resolved to refuse a proposal for a 75
site caravan park, manager’s residence and community facilities proposal at
Manyana.
“Having listened to
the community and having carefully considered the staff report, it was clear to
me that this proposal is not consistent with the village lifestyle at Manyana.
Council has a responsibility to be the vanguard of quality costal development
and I do not believe that this development would add value to the environment
of Manyana village,” Clr Ward said.
“The Development
Application was placed on public exhibition from 9 March 2008 until 16 April
2008. In response to this public exhibition, a large number of public
submissions were received. In response to calls by residents, I requested
that Council convene a Residents Briefing Meeting which was subsequently held
at the Manyana Community Hall on 5 June 2008.
“It was the
committee’s view that the proposal does not meet all of the performance
criteria in Council’s Policy for Permanent Occupation of Caravan Parks,
particularly in relation to proximity to community facilities. Council has also
adopted a new comprehensive LEP which has been referred to the Department of
Planning for a Section 65 certificate to facilitate public exhibition.
“While at this
stage it cannot be regarded as a draft LEP (Section 79C consideration), it can
be argued to be an adopted Council policy position. The comprehensive LEP
contains provisions that would prohibit the subject development. Given
the above policy considerations and that the main issue that has been
identified in the assessment of the proposal is the potential social impact, it
was appropriate that the application should be determined by the elected
Council.
At last night’s
Development Committee meeting the committee unanimously resolved to make the
following recommendation to Council:
That Development
Application No DA08/1258 on Lots 6 and 108 DP 755923 will have an unacceptable
social impact and be determined by way of refusal for the following reasons:Pursuant to the provision of SEPP 21 Clause 10(a)
the site considered to be unsuitable for the proposed development in respect to
the location and character of the land;
·
Pursuant to Section 79C(b) the likely
social impact of the development is unacceptable;
·
Pursuant to Section 79C(c) the site
is not suitable for the development due to the relative isolation of the site;
and
·
Pursuant to Section 79C(e) the development
is not considered to be in the public interest due to the significant negative
social and economic impacts associated with the development proposal.
Points Arising From Meeting With Council
18 September 2008
1.
Current clearing activities along Inyadda Drive and Berringer Road have been authorized by
Council. Clearing relates to DA 06/1339 which was approved by Council in
August, 2006 allowing Malbec to amalgamate Lots 6 and 108 Inyadda Drive into one lot. Council, Catchment Management Authority and a
representative from DEC (Dept of Conservation) have inspected works and ,
though far from pretty, all work is within approved specifications.
2.
Approval allows Malbec to
clear 6metres around part of the boundary of the lots.
Clearing will continue to the northern and western boundaries, for which
approval was not required. These too will be 6m wide. Thereby providing a fence
around the perimeter of both lots.
3.
Two access roads to the centre of
Lots 108 and 6 have been approved. The first is on Inyadda Drive just north of the boat cleaning facility whilst the second one, required
by RFS, is on Berringer Road.
4.
Currently all felled trees are being
piled on cleared land on Lot 108; we consider this a major bushfire hazard
unless it is mulched. We have raised this issue with SCC
5.
Council agree that the Developers
will be required to merge the 2 lots into one, as approved in DA06/1339.
6.
The Malbec 75 lot caravan park is
alive and kicking; Council believes that it will need to be referred to their
Development Committee for consideration and is dependent on:
·
threatened species report
·
social impact report.
The latter is being
completed by the same consultant that undertook the Toolijooa study for Kiama
Council ( regarding an 1100 lot caravan park on rural land).
Council advised
that their paperwork would be finalized sometime in October
PRH
18 September 2008
Malbec
The Malbec 182 lot
proposal for Berringer Road has been approved by the State Government on 8 July
2008.
The details of the
approval can be found on http://www.planning.nsw.gov.au. Go to Project Assessment and drop
down to Major Project Register. The Plans are detailed under Project No 05-0059.
In essence Malbec
has achieved most of what it wanted. The reserve areas for public space
and buffer zone around the EEC (Ecologically endangered community) have been
increased from 2.58 to 4.3 ha. Presumably Malbec has reduced the size of
various lots to enable the sum total of 182 lots to remain.
In the voluntary
planning agreement Malbec increased its contribution from $39,000 to $
120,280. Expenditure is for the following:
·
Hall extensions $ 36,134
·
Foreshores facilities car park
$15,265
·
Upgrade Bendalong Rd/Inyadda Drive $ 56,160
·
Construction of Intersection
Bendalong Rd/Inyadda Drive $12,721.
These monies will
be apportioned to the staged development schedule. Stage 1 comprising 30 lots
would equate to a sixth of the various amounts being paid by Malbec.
Stage 1 comprises
the area immediately adjacent to Sunset Strip and approximately opposite the
Hall. This stage also includes the construction of the buffer zone for the EEC
There are several
major requirements for Malbec to complete and satisfy various statutory
authorities.
At this point we
have no information as to the operational start date for this development.
PH
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