BYRON SHIRE COUNCIL

                                                                                                                              13.16 - Attachment 2

 

 

Issues – listed in order of times mentioned

Number of submissions raising issue

Percentage of submissions raising issue

1

Traffic and congestion

74

64%

2

Amenity of Ewingsdale and quality of life will be affected

54

47%

3

Density including plot ratio, height and number of dwellings is excessive

34

30%

4

Precedent to circumvent LEP process

28

24%

5

Sewage treatment plant does not have the capacity

26

23%

6

Proximity to heritage listed items

25

22%

7

Alternative suitable sites can be found

24

21%

8

Issues associated with flooding

20

17%

9

Local Flora will be impacted

20

17%

10

Concern over future use of site

20

17%

11

Local Fauna habitats disrupted

19

17%

12

Zoned for Agriculture and should be retained

18

16%

13

Over-run by commercial development

17

15%

14

Isolated from services required by Seniors

16

14%

15

FNCRS - urban development to be contained within urban growth boundary

13

11%

16

Limited public transport options

12

10%

17

Better buffer zone required along boundary to address noise, lighting and aesthetics

11

10%

18

Hospital might need room to expand

10

9%

19

Byron Rural Settlement Strategy - site not suitable for urban density

9

8%

20

Non compliance with SEPP 2004 – Housing for Seniors

9

8%

21

Adequate future housing and employment strategy not complete

7

6%

22

Not financially viable

5

4%

23

Number of other developments in Ewingsdale that will cause traffic concerns

5

4%

24

Already enough aged care in the Shire

4

3%

25

Additional retail space not required and could affect financial viability in town centre

4

3%

26

May lead to Ewingsdale being sewered

1

1%

27

Aboriginal heritage values incorporated into land use plan

1

1%

28

Parking on Avocado crescent and Parkway Drive will become an issue

1

1%

29

Location adjacent to concrete plant and electricity substation

1

1%

 

 

Issue

Comments

1

Issues associated with additional traffic generated by proposal and congestion along Ewingsdale road.

·   Traffic is a key issue. Following on from the community information sessions and concerns raised about this issue, Council sent a letter to the proponents on 19 November 2014 requesting that additional traffic studies be conducted for the site.  The proponents have responded to Council’s request stating that they believe the traffic studies included in the planning proposal are sufficient for this stage of the process and that any additional studies could be done prior to lodging a DA for the site. Council has resolved that additional traffic assessment work satisfactory to RMS and Council requirements (‘Demand Model’) be undertaken. Council has not yet been able to commission the work due to other priority projects. The applicant has now offered to enter into a planning agreement with Council to provide a monetary contribution to this traffic study.  

2

The impact of development on the amenity, character and quality of life of Ewingsdale residents. People have bought into this locality due to the rural nature and wish to preserve this character

·   Same as original submissions report which recommended a DCP be prepared for the site prior to lodgement of a DA to ensure adequate buffers are provided between the existing rural properties and the proposed development.  See point 2 of Attachment 4 for a detailed response.

3

Proposed density including plot ratio, height and number of dwellings is considered excessive

·   If the planning proposal proceeds it is recommended that a Floor Space Ratio Map be prepared for the site to limit any Seniors Housing to 0.3:1 under the LEP 2014.  This will not apply to the Commercial precinct (Area A) as it would be limited by maximum floor area.

·   If the planning proposal proceeds it is recommended that a site specific DCP is developed prior to the lodgement of a DA to ensure that building setbacks, landscaping and streetscape amenity are appropriately addressed.

4

Precedent to circumvent LEP and allow for rezoning and development of rural areas outside of any Strategies

·   Same as original submissions report which recommended no change.  See point 11 of Attachment 4 for a detailed response.

5

Sewage treatment plant capacity and may not have the ability to cope with additional development

·   Same as original submissions report which recommended no change.  See point 4 of Attachment 4 for a detailed response.

6

Proximity to heritage listed items being Higgins House and St Columbus Church group

·   Same as original submissions report which recommended no change.  See point 17 of Attachment 4 for a detailed response.

7

Alternative suitable sites within West Byron and other locations

·   Same as original submissions report which recommends no change.  See point 10 of Attachment 4 for a detailed response.

8

Issues associated with flooding and drainage of the land

·   Same as original submissions report which recommended no change.  See point 9 of Attachment 4 for a detailed response.

9

Concerns relating to the impact on local Flora

·   Same as original submissions report which recommended no change.  See point 5 of Attachment 4 for a detailed response.

10

Concern over future use and how the seniors housing will be monitored and enforced

·   The proposed amendment to the LEP is only for Seniors Housing which is defined within the LEP.  This is also linked to the Retirement Villages Act to ensure that only people over the age of 55 can buy into the development.

11

Local Fauna habitats could be impacted

·   Same as original submissions report which recommended no change.  See point 5 of Attachment 4 for a detailed response.

12

Zoned for Agriculture and should be retained for this purpose

·   Same as original submissions report which recommended no change.  See point 12 of Attachment 4 for a detailed response.

13

Too much commercial development, deemed un-necessary considering the close proximity to the sunrise shopping centre

·   Same as original submissions report which recommended if the planning proposal proceeds, that commercial development be limited to 1200 m2 and medical centre to 1800 m2.  See point 6 of Attachment 4 for a detailed response.

14

Isolated from services and therefore concern over location of the development

·   Same as original submissions report which recommends no change.  See point 10 of Attachment 4 for a detailed response.

15

Far North Coast Regional Strategy - urban development should be contained within urban growth boundary

·   Same as original submissions report which recommended no change.  See point 22 of Attachment 4 for a detailed response.

16

Limited public transport provided to the site and therefore concerns over mobility of residents

·   Same as original submissions report which recommended no change.  See point 10 of Attachment 4 for a detailed response.

17

Better buffer zones required to address noise, lighting and aesthetics between the development and existing residential areas

·   Same as original submissions report which recommended if the planning proposal proceeds, that a site specific DCP is developed prior to the lodgement of a DA to ensure that these issues are addressed.  See point 18 of Attachment 4 for a detailed response.

18

Expansion of hospital into the future should be considered

·   There is still available land within the hospital site to can cater for future expansion of the Hospital if required.

19

Byron Rural Settlement Strategy 1998 - site not suitable for urban density

·   This BRSS 1988 was to be reviewed many years ago however this did not occur due to staffing issues.  The BRSS is to be replaced with the Rural Land Strategy which is anticipated to be completed within the next 18 months.

20

Non compliance with  SEPP Housing for Seniors or People with a Disability 2004 in relation to access to services

·   Same as original submissions report which recommended no change.  See point 10 of Attachment 4 for a detailed response.

21

Adequate future housing and employment strategy not complete

·   A draft Urban Strategy for Byron Shire is scheduled to be prepared for review by Council in June 2016.

22

Not financially viable due to amount of commercial space within Byron Bay and alternative senior housing options

·   If the planning proposal proceeds, limits to the commercial floor space will provide shopping opportunities for residents on a smaller scale than other shopping precincts. The market will decide how much of that floor area is developed and viable.

·   This is similar to the original submissions report which recommended that the combined maximum commercial / retail floor area be limited to 1200m2.  See point 21 of Attachment 4 for a detailed response.

23

Number of other developments in and around Ewingsdale that cause traffic concerns including West Byron and the Hospital

·   See comments above on traffic and congestion.

24

Already a number of aged care facilities in the Shire

·    Same as original submissions report which recommended no change.  See point 8 of Attachment 4 for a detailed response.

25

Additional retail space not required and could effect financial viability of existing businesses in town

·   Same as original submissions report which recommended no change.  See point 6 of Attachment 4 for a detailed response.

26

May lead to Ewingsdale being sewered

·   This may be considered a benefit to the wider community and has been discussed previously by Council as the preferred option for the future.

·   See point 4 in original submissions report for a more detailed response relating to Sewage Treatment Plant capacity.

27

Aboriginal heritage values should be incorporated into land use plan

·   Same as original submissions report which recommended no change.  See point 28 of Attachment 4 for a detailed response.

28

Concern regarding potential parking of vehicles on Avocado Crescent and Parkway Drive to access the commercial precinct

·   Access for pedestrians to the subject site from either of these streets has not yet been determined.  This will be assessed and determined at the DA stage and could be included in the site specific DCP if the planning proposal proceeds.

29

Poor location adjacent to concrete plant and electricity substation

·    If the planning proposal proceeds buffers can be provided between the concrete plant/ electricity substation and any future seniors development and incorporated into a site specific DCP.

·    This is similar to the original submissions report.  See point 18 of Attachment 4 for a detailed response.

 

Council received 4 different form letters (130 submissions) raising various matters relating to the Planning Proposal.  The issues from the letters are listed below:

Form letter 1 raised the following points:

·    Opposition to the parkway drive house being removed

·    Concerned about the long term future of the parkway drive house

Form letter 2 raised the following points:

·    Contrary to the regional strategy, the Local Environmental Plan and all planning requirements.

·    The proposal is situated on agricultural land and in a heritage precinct and will cause additional traffic issues along Ewingsdale Road.

·    The seniors housing is out of scale with our rural environment and unwanted by the local community.

·    Suitable alternative sites are located in the West Byron development.

Form letter 3 raised the following points:

·    Not in keeping with Ewingsdale.

·    Compound traffic and infrastructure issues.

·    Hinder the entrance to Byron and impact the amenity of Ewingsdale.

·    Set a precedent for development of farmlands.

Form letter 4 raised the following points:

·    Threatens the lifestyle and friendly community spirit of Ewingsdale.

·    Concerned about the gentrification of the area.

 

The Council received 11 submissions of support for the proposal, the reasons being:

·    Need for suitable retirement facilities in the area

·    Well thought out and presented proposal

·    The site is appropriate

·    Appropriate location adjacent to hospital

·    Minimal traffic impacts due to its location

·    Does not appear to change the nature of the existing residential area

·    Improve the entrance to Byron Bay

·    Quiet ambience ideal for Seniors housing

·    Desirable neighbours

·    Properties are usually maintained to a high standard

·    No access from Parkway Drive

·    Opportunities for different health professionals in proposed Medical Centre