BYRON SHIRE COUNCIL
13.7 - Attachment 5
PLANNING PROPOSAL
RECLASSIFICATION OF LAND FROM COMMUNITY TO OPERATIONAL – INTERESTS CHANGED
LOTS 15 AND 16 DP 1178892 DINGO LANE, MYOCUM
Original: 30 May 2014 Revision:
18 July 201418 March 2015
(E2014/47571)
TABLE OF CONTENTS
Introduction .............................................................................................................................................. 3
Background .............................................................................................................................................. 3
Details of the Land and Locality ............................................................................................................... 4
Part 1...... Objectives and Intended Outcomes of the Proposed Instrument ........................................... 6
Part 2...... Explanation of Provisions to be included in the Proposed Instrument .................................... 6
Part 3...... Justification for Objectives, Outcomes and Implementation Process .................................... 6
Section A – Need for the Planning Proposal ........................................................................... 6
Section B – Relationship to strategic planning framework ..................................................... 7
Section C – Environmental, social
and economic impact ...................................................... 121
Section D – State and
Commonwealth interests .................................................................... 121
Part 4...... Mapping ................................................................................................................................... 12
Part 5...... Community Consultation ......................................................................................................... 12
Part 6...... Project Timelines ..................................................................................................................... 12
Conclusion ............................................................................................................................................... 12
Indicative Project Timeline ....................................................................................................................... 13
Attachment A –. Photographs of the Land .............................................................................................. 14
Attachment B – Byron LEP 1988 and 2014 Amendment Maps.............................................................. 15
INTRODUCTION
The intended outcome of the instrument proposed by this Planning Proposal is that the public land owned by Council and known as Lot 15 and Lot 16 DP 1178892, Dingo Lane Myocum (the “Land”):
(a) is classified as “operational” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993 (“LG Act”); and
(b) ceases to be a public reserve (if it is a public reserve); and
(c) is
discharged from any trust for a public purposetrusts,
estates, interests, dedications, conditions, restrictions and covenants
affecting the Land or any part of the Land, except for:.
(i) any reservations that except the Land out of a
Crown grant relating to the Land, and
(i) reservations of minerals (within the meaning of the
Crown Lands Act 1989).
The Planning Proposal has been prepared with reference to the provisions of the LG Act, the Environmental Planning and Assessment Act 1979, and the Department of Planning and Environment’s Guidelines “A guide to preparing planning proposals” and “A guide to preparing local environmental plans”.
BACKGROUND
The Land was purchased by Byron Shire Council and more specifically, Council’s Waste Reserves Fund, in 2012. With reference to Council’s Financial Sustainability Project Plan (FSPP) adopted 9 May 2013:
· Lot 15 is understood to have strategic significance to the progression of the Myocum Quarry Landfill project (a proposed extension of the existing Myocum Tip, westwards in the direction of Lot 15), being part of the buffer surrounding the Tip, and is earmarked to be retained; and
· Lot 16 may ultimately be sold.
Council did
not, within 3 months after it acquired the Land, resolve that the Land be
classified as either community land or operational land. Accordingly the Land
is taken to have been classified under a local environmental plan (by default)
as community land in accordance with section 31 of the LG Act. Council is exploring options for future use
/ sale of the Land and at its meeting on 10 April 2014 resolved (Part 3
(and relevantly part (b)) of the resolution relates to the Land and is the
subject of this Planning Proposal):
1. That Council note that this report being a late report will not compromise the community’s knowledge of or ability to participate in the decision-making on this matter because, if it proceeds, there will need to be extensive community consultation and many opportunities to make submissions to Council and at Council meetings.
2. That a planning proposal be prepared and submitted to the NSW Minister for Planning & Infrastructure in accordance with Division 4 of Part 3 of the Environmental Planning and Assessment Act 1979 and Sections 27(1) and 30 of the Local Government Act 1993 for the making of a local environmental plan to classify or reclassify the said land as operational land and to 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:
(i) any reservations that except land out of a Crown grant relating to the land, and
(ii) reservations of minerals (within the meaning of the Crown Lands Act 1989).
3. That the same process as set out in 2. be pursued as required, in the same planning proposal or in concurrent planning proposal/s, for the following land:
(a) Lot 1, DP952598, Vallances Road Mullumbimby
(b) Lots 15 & 16, DP1178892 , Dingo Lane Myocum
(c) Lot 10, DP850902, Station St, Mullumbimby (Administration Centre)
(d) Lot 1, DP435267, Station St, Mullumbimby (Old Telstra site)
(e) Lot 4, DP841856, Mill St, Mullumbimby
(f) Lot 12, DP267109, Bayshore Drive, Byron Bay
(g) Lot B, DP 372589, Corner Lawson & Fletcher Sts, Byron Bay
4. That it be noted that as a result of delay to the Roundhouse project, infrastructure projects, including Ocean Shores infrastructure projects, that were proposed to be funded from the proceeds of sale of the Roundhouse land, will now be delayed, or may not be able to be delivered depending on the outcome of the LEP amendment process.
The FSPP advises as follows:
The Waste Reserves will be under pressure due to the Quarry Landfill project which is potentially the largest capital project that will be progressed during this term of Council. In addition, the waste haulage and disposal contract and the introduction of programs like the kerbside organics collection service are placing upward pressure on service pricing. Sale of the available land holdings at a prudent time will assist with the capital necessary to fund this major program of work.
Section 5.8 Actions for Land Holdings of the FSPP further advises in this regard as follows:
Waste Reserves
4. Following approval of the Quarry Landfill, utilize the Manse Road properties and Dingo Lane property to fund in part the construction of this major project.
The Action Implementation Plan of the FSPP indicates the following in relation to the Land:
15. Lot 15 (included the 'Bower Cottage') Dingo Lane Myocum - Council has resolved to progress the Quarry landfill project and the EIS, DA and assessment process will proceed throughout 2013 with project approval achievable in 2014. If the Quarry landfill is implemented it is unlikely this property will ever be sold.
16. Lot 16 Dingo Lane Myocum - If Council achieves project approval for the Quarry landfill, the future retention of this property should be carefully considered with a view to potential sale.
The Land needs to be reclassified from community land to operational land in order for the Land to be used and / or sold in accordance with the FSPP.
The Planning Proposal was
forwarded to NSW Planning & Environment on 2 June 2014, and the Gateway determination
Determination was issued by NSW
Planning & Environment on 16 June 2014 subject to conditions. This version
of the Planning Proposal incorporates amendments required by conditions
1 and
5 of the Gateway determinationDetermination.
DETAILS OF THE LAND AND LOCALITY
The Land is situated within an area of rural land approximately 3km to the south of the Mullumbimby CBD. The Land has a total area of 80 hectares with 40 hectares in each lot. The Land is owned by Council and is classified “community land”.
Lot 15 is partly zoned RU1 – Primary Production, RU2 – Rural Landscape and partly identified as Deferred Matter under the provisions of LEP 2014. The provisions of LEP 1988 continue to apply to that part of Lot 15 identified under LEP 2014 as Deferred Matter. This part of Lot 15 is zoned part 1(a) (General Rural Zone) and part 1(d) (Investigation Zone) under LEP 1988.
Lot 16 is partly zoned RU1 – Primary Production, RU2 – Rural Landscape, R5 – Large Lot Residential and partly identified as Deferred Matter under the provisions of LEP 2014. The provisions of LEP 1988 continue to apply to that part of Lot 16 identified under LEP 2014 as Deferred Matter. This part of Lot 16 is zoned part 1(a) (General Rural Zone) and part 1(d) (Investigation Zone) under LEP 1988.
Refer to the LEP 2014 and LEP 1988 Zone map extracts below.
Lots 15 and 16 were created (along with 2 other approved lots) by the subdivision of 3 existing lots into 4 lots approved under the consent to Development Application No. 10.2006.578.1 dated 5 February 2007. The report on DA 10.2006.578.1 indicated that Lots 15 and 16 each have a dwelling entitlement. Lot 15 is allocated street number 1 Dingo Lane whereas Lot 16 has not been allocated a street number. Dingo Lane is unsealed adjacent to the Land.
Lot 15 accommodates a dwelling-house in the south western corner and the remainder is grazing land. Lot 15 adjoins the south eastern side of Dingo Lane and is to the western side of Council’s Myocum Tip. A right of carriageway runs approximately parallel to the north eastern boundary of Lot 15 providing access to Lot 17 DP 1178892 to the east.
Lot 16 is split into two parts by Dingo Lane, one part being to the north west and the other part being to the south east of the Lane. Restrictions on use applying to the western part of Lot 16 provide for a building envelope and an effluent disposal area, and there is a short 20m wide easement for overhead powerlines near the north western side of Lot 16. The northern boundary of the eastern part of Lot 16 adjoins the corridor of the former Casino – Murwillumbah Rail Line.
Refer to the aerial photograph and site photographs provided in Attachment A to this Planning Proposal.
The Land is currently within 4 rural zones,
including:
Lots 15 & 16: Zone No. 1(a) – (General Rural Zone), shown
hatched
Zone No. 1(b1) –
(Agricultural Protection (b1) Zone)
Zone No. 1(d) – (Investigation
Zone)
Lot 16 only: Zone No. 1(c1) – (Small Holdings (c1) Zone)
under Byron Local
Environmental Plan 1988 (1988) – refer to LEP 1988 zoning map extract below.
Lot 15 Lot
16
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LEP |
LEP 1988 Zone Map extract |
Lots 15 and 16 were created
(along with 2 other approved lots) by the subdivision of 3 existing lots into 4
lots approved under the consent to Development Application No. 10.2006.578.1
dated 5 February 2007. The report
on DA 10.2006.578.1 indicated that Lots 15 and 16 each
have a dwelling entitlement. Lot 15 is allocated street number 1 Dingo Lane
whereas Lot 16 has not been allocated a street number. Dingo Lane is unsealed adjacent to the Land.
The Land is
within Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone R5 Large Lot
Residential and an area identified as “Deferred Matter” (previously Zone E2
Environmental Conservation) under Byron Local Environmental Plan 2014 (LEP
2014) which commences on 21 July 2014. There is no public land listed as reclassified in Schedule 4 of the
LEP 2014.
Lot 15 accommodates a
dwelling-house in the south western corner and the remainder is grazing land. Lot 15 adjoins the south eastern side of Dingo Lane
and is to the western side of Council’s Myocum Tip. A right of carriageway runs
approximately parallel to the north eastern boundary of Lot 15 providing access
to Lot 17 DP 1178892 to the east.
Lot 16 is split into two parts by Dingo Lane, one
part being to the north west and the other part being to the south east of the
Lane. Restrictions on use applying to the western part of Lot 16 provide for a
building envelope and an effluent disposal area, and there is a short 20m wide
easement for overhead powerlines near the north western side of Lot 16. The
northern boundary of the eastern part of Lot 16 adjoins the corridor of the
former Casino – Murwillumbah Rail Line.
Refer to the aerial photograph and site photographs
provided in Attachment A to this Planning Proposal.
PART 1 OBJECTIVES AND INTENDED OUTCOMES OF THE PROPOSED INSTRUMENT
The intended outcome of the instrument proposed by this Planning Proposal is that the Land:
(a) is classified as “operational” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993 (“LG Act”); and
(b) ceases to be a public reserve (if it is a public reserve); and
(c) is
discharged from any trust for a public purpose, but is not
discharged froms, estates, interests,
dedications, conditions, restrictions and covenants affecting the Land or any
part of the Land, except for:
(i) any reservations that except the Land out of a Crown grant relating to the Land, and
(ii) reservations of minerals (within the meaning of the Crown Lands Act 1989).
(iii) Easement to Drain Water registered with DP 645883,
(iv) Easement to Drain Water registered with DP 645884,
(v) Easement to Drain Water registered with DP 1122726,
(vi) Right of Carriageway registered with DP 1178892 affecting Lot 15 DP 1178892,
(vii) Easement for Overhead Power Line(s) registered with DP 1178892 affecting Lot 16 DP 1178892,
(viii) Restriction(s) on the Use of Land referred to and numbered (3) in the applicable Section 88B Instrument registered with DP 1178892 affecting Lot 16 DP 1178892, and
(ix) Restriction(s) on the Use of Land referred to and numbered (4) in the applicable Section 88B Instrument registered with DP 1178892 affecting Lot 16 DP 1178892.
Intended outcomes (b) and (c) require the Governor’s approval under section 30 of the Local Government Act 1993, which is sought by the Department before the Minister makes the proposed instrument.
PART 2 EXPLANATION OF PROVISIONS TO BE INCLUDED IN THE PROPOSED INSTRUMENT
LEP 2014 was made on 30 May 2014 and comes came into
effect on 21 July 2014. LEP 2014 will apply applies to part
of the Land however the other part of the Land was deferred by the Minister’s
delegate due to its proposed environmental zoning. This has resulted in part of
the Land being governed affected by LEP
1988 and the remaining part of the Land being governed affected by
LEP 2014. Consequently, amendments to both LEPs will be required to reclassify
the land. Specific provisions will include:
The Land needs to be reclassified from community land to operational land in order for the Land to be used and / or sold in accordance with the FSPP.
It may be possible for the proposed instrument relating to
the Land to be combined with the proposed instrument relating to Lot 1 DP
952598 Vallances Road, Mullumbimby. The relevant Planning Proposals may be able to be
processed concurrently by NSW Planning & Environment.
PART 3 JUSTIFICATION FOR OBJECTIVES, OUTCOMES AND IMPLEMENTATION PROCESS
Section A – Need for the Planning Proposal
Q1. Is the planning proposal a result of any strategic study or report?
The Planning Proposal reflects
Council’s potential intention to sell Lot 16 and use Lot 15 (both unencumbered except for
the reservations mentioned above) in accordance with the FSPP. The sale,
if it proceeds, is intended to assist with generating reserves to fund future
infrastructure projects.
Q2. Is the planning proposal the best means of achieving the objectives or intended outcomes, or is there a better way?
Amending LEP 1988 and LEP 2014 in
the manner proposed is the best, most efficient and most time effective
approach to delivering the objective and intended outcomes of the Planning
Proposal. The proposed LEP amendments provides certainty that
the Land:
(a) is reclassified from community land to operational land;
(b) ceases to be a public reserve to the extent (if any) that it is a public reserve; and
(c) is discharged
from any trust for a public purposes, estates,
interests, dedications, conditions, restrictions and covenants affecting the Land
or any part of the Land to the allowable extent except for the above mentioned
reservations., but is not discharged from any of the above
mentioned reservations, easements, right of carriageway or restrictions on the use
of land.
Section B – Relationship to strategic planning framework
Q3. Is the planning proposal consistent with the objectives and actions of the applicable regional or sub-regional strategy?
The Planning Proposal is consistent with the objectives and actions of the Far North Coast Regional Strategy insofar as they relate to this Land within the rural area surrounding Mullumbimby, because the proposed instrument will:
(a) not change the zoning of the Land, but changes the classification of the Land to operational so that options for the Land can be explored including possible use / sale;
(b) not have a significant effect in terms of environmental, agricultural, farmland, vegetation, habitat, areas of high biodiversity value, waterway, wetland, coastline, heritage, water and energy resources, landscape values (including scenic and cultural landscapes) or natural hazards;
(c) not change the location of planned development;
(d) not have a significant effect in terms of extractive resources;
(e) allow the sale and / or use of the Land in a manner which reflects the objectives of the relevant zones; and
(f) fit into the rural character of this part of the locality.
Q4. Is the planning proposal consistent with Council’s local strategy or other local strategic plan?
The Planning Proposal is consistent with the key community outcomes and strategies of Council’s Draft Community Strategic Plan 2022.
Q5. Is the planning proposal consistent with applicable State Environmental Planning Policies?
The Planning Proposal is consistent with applicable State Environmental Planning Policies (SEPP) which include:
SEPP 14 – Coastal Wetlands
The Land does not contain nor does it adjoin any SEPP 14 wetlands.
SEPP 19 – Bushland in Urban Areas
The Land does not contain nor does it adjoin, and the Planning Proposal does not propose to disturb, any bushland zoned or reserved for public open space purposes.
SEPP 26 – Littoral Rainforest
The Land does not contain nor does it adjoin any SEPP 26 littoral rainforest.
SEPP 44 – Koala Habitat Protection
The Planning Proposal will not impact on the koala habitat indicated on Council’s GIS located towards the eastern and northern parts of the Land. The Planning Proposal will not result in any disturbance to the Land.
SEPP 55 – Remediation of Land
Council’s Environmental Health Officer advised in relation to DA 10.2006.578.1 with respect to contamination as follows:
“Information submitted by the applicant satisfies Clause 7 of SEPP 55, and therefore the proposed development site is considered to be suitable for the intended use.”
This issue may need to be further addressed pursuant to the provisions of SEPP 55 at such time as a development application, proposing the carrying out of development potentially affected by contamination on the Land, is submitted for consideration.
SEPP 71 – Coastal Protection
The Planning Proposal is consistent with the provisions of SEPP 71 relating to LEP preparation.
SEPP (Infrastructure) 2007
The Planning Proposal is not contrary to the provisions of SEPP (Infrastructure) 2007.
North Coast Regional Environmental Plan
The Planning Proposal is consistent with the provisions of the North Coast Regional Environmental Plan. In particular, the Planning Proposal will not have a significant impact upon the prime crop and pasture land that is on the Land and will not have a significant impact with respect to rural dwellings. The Planning Proposal will not have a significant impact in terms of strategic planning or environmental hazard considerations.
Q6. Is the planning proposal consistent with applicable Ministerial Directions (s.117 directions)?
The Planning Proposal is consistent with applicable Ministerial Directions as follows:
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1. Employment and Resources 1.2... Rural Zones; and 1.5... Rural Lands No
change is proposed which would affect the existing or proposed rural zoning
of the Land. The Planning Proposal allows the use and / or sale of the Land
so that it may be developed in accordance with the objectives of the
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The Planning Proposal is consistent with the relevant principles outlined in the NSW Coastal Policy. 2.3 Heritage Conservation The Land is not identified as
having heritage significance with reference to LEP 1988
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........ The Land includes a large area of Class 3 / 4 Acid Sulfate Soils in the central low lying areas, under LEP 1988 and LEP 2014. However the Planning Proposal will not result in or require any works that may have an impact on acid sulfate soils. ........ The Land is predominantly flood liable land. However the Planning Proposal does not require any ameliorative measures to address the flood liable hazard characteristics of the Land. 4.4... Planning for Bushfire Protection ........ Parts of the Land
are bush fire prone land, however the Planning Proposal has no significant
implications with respect to this environmental hazard. This Planning Proposal does
not need to comply with Section 117 Direction 4.4 Planning for Bushfire
Protection, subject to the satisfaction of the Director-General of the
Department of Planning & Environment, because Council has obtained
written advice from the NSW Rural Fire Service which advises that no concerns
or issues are raised in relation to bush fire (essentially not objecting to
the progression of the Planning Proposal).
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5.1... Implementation of Regional Strategies ........ The Planning Proposal is consistent with the Far North Coast Regional Strategy’s relevant aims, outcomes and actions.
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6.1... Approval and Referral Requirements The Planning Proposal 6.2... Reserving Land for Public Purposes ........ In relation to
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The purpose of NSW Planning & Infrastructure’s Practice Note 09-003 Classification and reclassification of public land through a local environmental plan dated 12 June 2009 is to provide updated guidance on the process to classify or reclassify public land through a local environmental plan. A written statement is to be provided addressing the following:
· The reasons why the draft LEP or planning proposal is being prepared including the planning merits of the proposal, e.g. the findings of a centres’ strategy, council’s intention to dispose of the land, provision of open space in a town centre
The Planning Proposal is prepared to facilitate Council’s potential intention to use / sell the Land. The proposed instrument is necessary to provide the required degree of certainty in relation to proceeding with options like selling and / or using the Land under the FSPP.
· The current and proposed classification of the land
The Land is currently community land. The Land is proposed to be reclassified to: (i) operational Land classified, or reclassified, under amended section 30 of Local Government Act 1993—interests changed under Part 3 of Schedule 11 of LEP 1988; and (ii) operational Land classified, or reclassified, as operational land—interests changed under Part 2 of Schedule 4 of LEP 2014. The Land is to be discharged from any trust for a public purpose, but is not discharged from any of the above mentioned reservations, easements, right of carriageway and restrictions or:
(i) any reservations that except the Land out of a Crown grant relating to the Land, and
(ii) reservations of minerals (within the meaning of the Crown Lands Act 1989).
· The reasons for the reclassification including how this relates to council’s strategic framework, council’s proposed future use of the land, proposed zones, site specific requirements, e.g. heritage controls, anticipated physical or operational changes resulting from the reclassification
The reclassification accords with the existing and proposed
zones. The reclassification results in no physical change to the Land.
The reclassification provides certainty to the community and potential
purchasers as to Council’s ability to sell and / or use the status
of the Land, facilitates the potential use / sale of the Land
and through these initiatives may assist
with providing funding for the infrastructure projects referred to in part 3 of
the Council’s resolution dated 10 April 2014.
· Council’s ownership of the land, if this applies
The Land is currently in Council’s ownership. Council may
decide to sell all or (more likely) part of the Land to fund future infrastructure
projects.
· The nature of council’s interest in the land, e.g. council has a 50 year lease over the site
Council has owned the Land since 2012 and may decide to use / sell the Land.
· How and when the interest was first acquired, e.g. the land was purchased in 20XX through section 94
Council purchased the Land in 2012.
· The reasons council acquired an interest in the land, e.g. for the extension of an existing park; council was given responsibility for the land by a State agency
Council purchased the Land in 2012 through Council’s Waste Fund, in relation to the Myocum Tip.
· Any agreements over the land together with their duration, terms, controls, agreement to dispose of the land, e.g. whether any aspect of the draft LEP or planning proposal formed part of the agreement to dispose of the land and any terms of any such agreement
The Land may be subject to rental agreements relating to the dwelling or agistment agreements in relation to animal grazing. However the proposed instrument will provide clarity and certainty that the Land:
(a) is classified as “operational” in accordance with Part 2 of Chapter 6 of the LG Act; and
(b) ceases to be a public reserve (if it is a public reserve); and
(c) is discharged from any trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the Land or any part of the Land, except for those indicated above and:
(i) any reservations that except the Land out of a Crown grant relating to the Land, and
(ii) reservations of minerals (within the meaning of the Crown Lands Act 1989).
· An indication, as a minimum, of the magnitude of any financial gain or loss from the reclassification and of the type(s) of benefit that could arise e.g. council could indicate the magnitude of value added to the land based on comparable sites such as the land is currently valued at $1500 per square metre, nearby land zoned for business development is valued at between $2000 and $5000 per square metre.
Council purchased the Land in relation to the adjoining
Myocum Tip, however Council may decide to use or sell the Land. The purpose
of the Planning Proposal is to facilitate a process of confirming that the Land
is not a public reserve and expunging any trusts, estates, interests,
dedications, conditions, restrictions and covenants affecting the Land or any
part of the Land. The reclassification of the Land provides certainty for the
community in relation to the:
(a) operational
land classification of the Land;
(b) cessation of any public reserve applying to
the Land or any part of the Land; and
(c) discharging of any trusts, estates,
interests, dedications, conditions, restrictions or covenants affecting the Land
or any part of the Land, except for:
(i)
any
reservations that except the Land out of a Crown grant relating to the Land,
and
(ii)
reservations
of minerals (within the meaning of the Crown Lands Act 1989).
The interests which affect the land include:
(i) A potential trust for the public purpose;
(ii) Easement to Drain Water registered with DP 645883;
(iii) Easement to Drain Water registered with DP 645884;
(iv) Easement to Drain Water registered with DP 1122726;
(v) Right of Carriageway registered with DP 1178892 affecting Lot 15 DP 1178892;
(vi) Easement for Overhead Power Line(s) registered with DP 1178892 affecting Lot 16 DP 1178892;
(vii) Restriction(s) on the Use of Land referred to and numbered (3) in the applicable Section 88B Instrument registered with DP 1178892 affecting Lot 16 DP 1178892; and
(viii) Restriction(s) on the Use of Land referred to and numbered (4) in the applicable Section 88B Instrument registered with DP 1178892 affecting Lot 16 DP 1178892.
This Planning Proposal proposes the extinguishment of any trust for a public purpose, however it does not propose the extinguishment of the Easements to Drain Water, Right of Carriageway, Easement for Overhead Power Lines or Restrictions on the Use of Land.
· The asset management objectives being pursued, the manner in which they will be achieved and the type of benefits the council wants, i.e. without necessarily providing details of any possible financial arrangements, how the council may or will benefit financially.
The Land was not constrained by a community classification when it was purchased by Council from the previous private owner. The reclassification of the Land would allow Council to consider future options in accordance with the FSPP. Funds from any sale of any part of the Land are able to be reinvested to increase Council’s infrastructure management capacity.
· Whether there has been an agreement for the sale or lease of the land; the basic details of any such agreement and, if relevant, when council intends to realise its asset, either immediately after rezoning/reclassification or at a later time.
There is presently no agreement entered into to sell or lease all or part of the Land, except possibly in relation to renting of the dwelling and / or agistment for grazing purposes. However the reclassification of the Land provides certainty for the community in relation to the:
(a) operational land classification of the Land;
(b) cessation of any public reserve applying to the Land or any part of the Land; and
(c) discharging of any trusts, estates,
interests, dedications, conditions, restrictions or covenants affecting the Land
or any part of the Land, except for for a public purpose, but the Land is not
discharged from the Easements to Drain Water, Right of Carriageway, Easement
for Overhead Power Lines or Restrictions on the Use of Land or:
(i) any reservations that except the Land out of a Crown grant relating to the Land, and
(ii) reservations of minerals (within the meaning of the Crown Lands Act 1989).
· Relevant matters required in plan making under the EP&A Act.
This Planning Proposal addresses the relevant matters required in plan making under the Environmental Planning and Assessment Act 1979.
· A copy of this practice note must be included in the exhibition material to assist the community in identifying information requirements. Council staff may wish to identify the column in Attachment 1 that applies.
A copy of the relevant Practice Note will be was included, if
required at the relevant time, in
the public
exhibition material.
Section C – Environmental, social and economic impact
Q7. Is there any likelihood that critical habitat or threatened species, populations or ecological communities, or their habitats, will be adversely affected as a result of the proposal?
Council’s GIS mapping indicates that the Land contains high conservation value vegetation, threatened fauna habitat and koala habitat in the vicinity of the allotment boundaries mainly to the north eastern corner. The GIS mapping does not indicate that the Land contains SEPP 14 wetland or SEPP 26 littoral rainforest. Parts of the Land have been disturbed by past activities associated with the use of the Land for residential, agricultural and associated activities. The proposed reclassification is unlikely to have a significant effect on any critical habitat or threatened species, populations or ecological communities, or their habitats.
Q8. Are there any other likely environmental effects as a result of the planning proposal and how are they proposed to be managed?
There are no known significant likely environmental effects as a result of the Planning Proposal.
Q9. Has the planning proposal adequately addressed any social and economic impacts?
The Planning Proposal is unlikely to cause any significant social or economic impacts.
Section D – State and Commonwealth interests
Q10. Is there adequate public infrastructure for the planning proposal?
No further services are required as a result of the proposed reclassification.
Q11. What are the views of State and Commonwealth public authorities consulted in accordance with the Gateway determination?
The NSW Rural Fire Service
made a written submission advising that no concerns or issues are raised in
relation to bush fire.The views of State and
Commonwealth public authorities would be considered (where required) after the
public exhibition process is completed.
PART 4 MAPPING
LEP amendment maps are included in Attachment B to this Planning Proposal as required by condition 5 of the Gateway Determination.
The Planning Proposal includes the above LEP 1988 zoning
map extract to identify the Land. LEP amendment maps will be included in the
Planning Proposal as required by condition 5 of the Gateway determination prior
to submitting the plan to the Department to be made.
PART 5 COMMUNITY CONSULTATION
Community consultation on the Planning Proposal has been undertaken in accordance with the Gateway Determination. The exhibition period complied with the minimum required 28 day period and the relevant material was made available for public inspection during the exhibition period as specified in NSW Planning & Infrastructure’s A guide to preparing local environmental plans.
The public hearing has been conducted and the report on the public hearing has been received by Council. Council has considered the submissions made concerning the Planning Proposal and the report of the public hearing into the proposed LEPs.
Council has not undertaken, and is not required to
undertake, any pre-planning proposal consultation. The Gateway determination has
specified the community consultation that must be undertaken on the Planning
Proposal. The exhibition period is required to be 28 days in length and the
relevant material will be made available for public inspection during the
exhibition period as specified in NSW Planning & Infrastructure’s A
guide to preparing local environmental plans.
A public hearing must be arranged in respect of
this Planning Proposal in accordance with section 29 of the LG Act because the
proposal is to reclassify community land as operational land. Council will
consider any submissions made concerning the Planning Proposal and the report
of the public hearing into the proposed LEPs.
PART 6 PROJECT TIMELINES
An indicative project timeline is provided
below,
noting that.:
1.
The
timeframes for each stage in the project are approximate only;
1.
The
timeframes are not necessarily concurrent; and
1.
There may be
substantial intervening periods between each stage in the project.
CONCLUSION
The proposed reclassification of the Land to “operational land – interests changed” is satisfactory having regard to relevant legislative and environmental planning requirements. The Planning Proposal has been amended in accordance with conditions 1 and 5 of the Gateway Determination and is consistent with the objectives of the relevant zones. The reclassification is intended to allow the investigation of options for the Land including potential use and / or sale, providing certainty to the community. The reclassification contributes towards facilitating the proper planning and use of the Land.
The proposed reclassification of the Land to
“operational land – interests changed” is satisfactory having regard to
relevant legislative and environmental planning requirements. The Planning Proposal
has been amended prior to exhibition in accordance with condition 1 of the
Gateway determination and is consistent with the objectives of the relevant
zones. The reclassification is intended to allow the investigation of options
for the Land including potential use and / or sale, providing certainty to the
community, and may result in the realising of funds for future infrastructure
projects. The reclassification contributes towards facilitating the proper
planning and use of the Land.
INDICATIVE PROJECT TIMELINE
|
Indicative Stages |
Indicative Timeframe |
|
|
|
|
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|
Council forwards the Planning Proposal to the Department.
The Department carries out the Gateway assessment and returns the Planning Proposal with the Gateway determination to Council (section 56 of EP Act). |
COMPLETE
COMPLETE |
|
|
|
|
|
|
Completion of required technical information after receipt of Gateway determination, including preparation for community consultation. [The stages after the Gateway determination may be varied by the Gateway determination]. |
COMPLETE |
|
|
|
|
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|
Community consultation (including public exhibition) for Planning Proposal (section 57 of EP Act). |
COMPLETE |
|
|
|
|
|
|
Preparation for and conducting of public hearing (section 29 of LG Act), by a person other than a Councillor or employee (section 47G of LG Act). Preparation of report on public hearing by the person presiding at the public hearing (section 57(7) of EP Act). The report is to be made available by Council for inspection no later than 4 days after Council has received the report (section 47G of LG Act). |
COMPLETE
COMPLETE |
|
|
|
|
|
|
Report to Council on outcome
of community consultation and public hearing and to seek a resolution to forward the Planning Proposal to the NSW
Department of Planning and Environment with a request to draft and finalise
LEP amendments relating to LEP 1988 and LEP 2014. |
COMPLETE |
|
|
|
|
|
|
Department makes
arrangements for the proposed instrument to be prepared by PC |
|
|
|
|
|
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|
Approval of the Governor
obtained by the Department / PC |
|
|
|
|
|
|
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The proposed instrument is published on the legislation website and becomes effective. |
|
|
Note: ‘EP Act’ means
Environmental Planning and Assessment Act 1979, ‘LG Act’ means Local Government
Act 1993 and ‘PCO’ means the Office of Parliamentary
Counsel.
ATTACHMENT A – PHOTOGRAPHS OF THE LAND
 |
Aerial photograph of the Land
Typical views across the Land – Lot 15 (left) and Lot 16 (right)
(Photograph taken: 16 May 2014)
ATTACHMENT B – BYRON LOCAL ENVIRONMENTAL PLAN 1988 AND BYRON LOCAL ENVIRONMENTAL PLAN 2014 AMENDMENT MAPS
Byron Local Environmental Plan 1988 (Amendment No 155) – Map (Dingo Lane)
Byron Local Environmental Plan 2014 – Map (Dingo Lane – Sheet RPL_002B)
Byron Local Environmental Plan 2014 – Map (Dingo Lane – Sheet RPL_002D)