Shoalhaven Local Environment Plan: SLEP 2009 - 2014 - the SLEP was signed off on 22 April 2014
29 January 2014 - Message from: Better Planning Network
Dear Friends and Colleagues,
A quick hello over the festive season! We hope you are enjoying some time out to relax and enjoy time with family and friends.
Today, we are using social media to promote the 'Planning for People' Charter. If you are on Facebook or use Twitter, you can help promote this campaign by taking a couple of minutes to share our posts. If you haven't already done so, you can also help by endorsing the Charter at http://thecommunitycharter.org/endorsements-2/ This will enable you to sign the Charter online with automatically generated emails issued to key politicians.
Likewise, share this campaign with your friends and colleagues - its a great time of the year, to say hello and let others know about the campaign.
At this time of the year, we are also checking the email addresses for relevant contact points for affiliate groups. Please let us know if any changes are necessary.
From all of us at BPN, thank you again for all your support over the past year. Wishing you a very special New Years Eve! Here's to a very good 2015!
With warm wishes, Jeanette Brokman, Incoming Convenor, Better Planning Network Inc Email: betterplanningnetwork@gmail.com
Our committee and many of our affiliates are working hard to make sure 'Good Planning in NSW' is an election priority. To support the campaign, 'LIKE' BetterPlanningNetwork on Facebook or Follow us on Twitter (@bettplannetwork). Please encourage others to do the same - particularly over the holiday season.
You can also assist by making a donation (no matter how small) to cover costs. This can be done online or via EFT. To find out more go to: http://betterplanningnetwork.good.do/nsw/fund-the-better-planning-network-in-2014/ (and scroll down the page for details). If you would like to help in any other way, please let us know - as we are organising a number of events for the first quarter in 2015.
Thank you for your continued support!
Dear Friends and Colleagues,
A quick hello over the festive season! We hope you are enjoying some time out to relax and enjoy time with family and friends.
Today, we are using social media to promote the 'Planning for People' Charter. If you are on Facebook or use Twitter, you can help promote this campaign by taking a couple of minutes to share our posts. If you haven't already done so, you can also help by endorsing the Charter at http://thecommunitycharter.org/endorsements-2/ This will enable you to sign the Charter online with automatically generated emails issued to key politicians.
Likewise, share this campaign with your friends and colleagues - its a great time of the year, to say hello and let others know about the campaign.
At this time of the year, we are also checking the email addresses for relevant contact points for affiliate groups. Please let us know if any changes are necessary.
From all of us at BPN, thank you again for all your support over the past year. Wishing you a very special New Years Eve! Here's to a very good 2015!
With warm wishes, Jeanette Brokman, Incoming Convenor, Better Planning Network Inc Email: betterplanningnetwork@gmail.com
Our committee and many of our affiliates are working hard to make sure 'Good Planning in NSW' is an election priority. To support the campaign, 'LIKE' BetterPlanningNetwork on Facebook or Follow us on Twitter (@bettplannetwork). Please encourage others to do the same - particularly over the holiday season.
You can also assist by making a donation (no matter how small) to cover costs. This can be done online or via EFT. To find out more go to: http://betterplanningnetwork.good.do/nsw/fund-the-better-planning-network-in-2014/ (and scroll down the page for details). If you would like to help in any other way, please let us know - as we are organising a number of events for the first quarter in 2015.
Thank you for your continued support!
30 November 2014 - Illawarra Regional Growth and Infrastructure Plan - submissions deadline 7 Dec 2014
Dear friends, a draft Illawarra Regional Growth and Infrastructure Plan is currently on exhibition until 7 December 2014. The plan also covers the Shoalhaven region as far south as Bateman's Bay. Please find attached a submission guide -1.7MB prepared by NCC and TEC to help you prepare your submission. Copy of the Draft Plan -6.4MB.
Kind regards, Cerin Loane, Policy and Research Coordinator, Environment Liaison Officer, Nature Conservation Council of NSW
w: (02) 9516 1488 | m: 0414 421 178 | e: cloane@nature.org.au
Dear friends, a draft Illawarra Regional Growth and Infrastructure Plan is currently on exhibition until 7 December 2014. The plan also covers the Shoalhaven region as far south as Bateman's Bay. Please find attached a submission guide -1.7MB prepared by NCC and TEC to help you prepare your submission. Copy of the Draft Plan -6.4MB.
Kind regards, Cerin Loane, Policy and Research Coordinator, Environment Liaison Officer, Nature Conservation Council of NSW
w: (02) 9516 1488 | m: 0414 421 178 | e: cloane@nature.org.au
26 November 2014 - 5:00pm-7:00pm - Nowra Library Meeting Room - NCC/ACF information session: Illawarra-Shoalhaven Regional Growth and Infrastructure Plan - RSVP (see address on flyer) Dear All, please refer to flyer opposite. I have previously attended a similar meeting of the NCC and found it to be informative and worth the time. Regards, Alan Burrows From: Frances Bray Sent: Wednesday, 19 November 2014 Subject: Urgent notice re Draft Illawarra Growth Strategy Dear all, as mentioned to you the Nature Conservation Council is conducting a Workshop next Wednesday regarding the Draft Illawarra Growth/Infrastructure Strategy. See attached flyer. I would appreciate it if you could circulate my message and the flyer to Shoalhaven LEP Review Group members. The Shoalhaven has been tacked on at the last minute and accordingly the document does not address the needs of our community. Unless we act, this document will replace the South Coast Regional Strategy as the primary strategic plan for the Shoalhaven. The draft strategy is available on the Department of Planning and Environment website. Best wishes, Frances Bray <<< Flyer opposite, click to highlight |
14 October 2014 - Shoalhaven city-wide DCP 2014 approved
I am pleased to inform you that the Shoalhaven Development Control Plan (DCP) 2014 was adopted by Council on 14 October 2014. The DCP was approved by Council with minor changes following public exhibition and comes into effect Wednesday 22 October 2014. The Minutes of the Extra Ordinary Meeting will be uploaded to Council's website once finalised
The DCP applies to all land in Shoalhaven Local Government Area (LGA) and provides additional controls to Shoalhaven Local Environmental Plan (LEP) 2014. The adopted DCP incorporates previous standalone DCPs, including the following DCPs that were recently adopted by Council through a separate process:
• DCP No. 121 Town of Milton
• DCP No. 122 Sustainable Stormwater Management
• DCP No. 124 Mundamia Urban Release Area
• DCP No. 128 Tree Removal & Amenity for Shoalhaven -Chapter G4
• DCP No. 129 Verons Estate
From the 22nd October all new Development Applications will be assessed against the provisions of Shoalhaven DCP 2014. All previous draft and effective DCPs are also now rescinded on commencement of the single Shoalhaven DCP 2014. The DCP website www.dcp2014.shoalhaven.nsw.gov.au will be updated to reflect the approved DCP.
If you have any questions, please contact the DCP hotline on 4429 5377.
Kind Regards, Lauren Turner, DCP Project Team
I am pleased to inform you that the Shoalhaven Development Control Plan (DCP) 2014 was adopted by Council on 14 October 2014. The DCP was approved by Council with minor changes following public exhibition and comes into effect Wednesday 22 October 2014. The Minutes of the Extra Ordinary Meeting will be uploaded to Council's website once finalised
The DCP applies to all land in Shoalhaven Local Government Area (LGA) and provides additional controls to Shoalhaven Local Environmental Plan (LEP) 2014. The adopted DCP incorporates previous standalone DCPs, including the following DCPs that were recently adopted by Council through a separate process:
• DCP No. 121 Town of Milton
• DCP No. 122 Sustainable Stormwater Management
• DCP No. 124 Mundamia Urban Release Area
• DCP No. 128 Tree Removal & Amenity for Shoalhaven -Chapter G4
• DCP No. 129 Verons Estate
From the 22nd October all new Development Applications will be assessed against the provisions of Shoalhaven DCP 2014. All previous draft and effective DCPs are also now rescinded on commencement of the single Shoalhaven DCP 2014. The DCP website www.dcp2014.shoalhaven.nsw.gov.au will be updated to reflect the approved DCP.
If you have any questions, please contact the DCP hotline on 4429 5377.
Kind Regards, Lauren Turner, DCP Project Team
2 October 2014 - Special Development Committee Meetings - Wednesday 8th and Thursday 9th October 2014. Thank you for your interest in the exhibition of draft Shoalhaven DCP 2014. Now that the exhibition period has ended, Council will consider the issues raised in submissions at two Special Development Committee Meetings scheduled on the following dates:
Wednesday 8th October 2014 - Part 1 Generic Chapters
Thursday 9th October 2014 - Part 2 Area Specific Chapters
Both Special Development Committee Meetings commence at 4:00pm in the Council Chambers at the Nowra Administration Building. If you would like to make a deputation at this meeting, you will need to register with Council’s Governance Unit by calling 4429 3361, 24 hours before the meeting commences. The reports will be included in the Meeting Agenda and will be available during the afternoon of Friday 3 October 2014 on Council’s website.
If you have any questions, please contact the DCP hotline on 4429 5377.
Kind Regards, Lauren Turner, DCP Project Team
Wednesday 8th October 2014 - Part 1 Generic Chapters
Thursday 9th October 2014 - Part 2 Area Specific Chapters
Both Special Development Committee Meetings commence at 4:00pm in the Council Chambers at the Nowra Administration Building. If you would like to make a deputation at this meeting, you will need to register with Council’s Governance Unit by calling 4429 3361, 24 hours before the meeting commences. The reports will be included in the Meeting Agenda and will be available during the afternoon of Friday 3 October 2014 on Council’s website.
If you have any questions, please contact the DCP hotline on 4429 5377.
Kind Regards, Lauren Turner, DCP Project Team
19 September 2014 - City-wide DCP - submission by Huskisson Woollamia Community Voice CCB
Dear Shoalhaven City Council, Chapter N18 – Huskisson Town Centre - needs revision and further consultation with the community. The chapter reproduces the previous DCP54, relating to the Huskisson commercial centre. Many in the Huskisson community (and beyond), have for years expressed strong reservations about DCP54 in its current form. The key issue in 2014 is the future of the several parcels of land comprising the existing sealed car park and unsealed overflow car park at the corner of Owen St and Sydney St, Huskisson (’bottleshop car park’). These parcels have a checkered history: noting the protracted issue of sale and re-purchase of two parcels to Huscorp during the period 2007 - 2012 ; and the attempt during 2009 - 2010 to reclassify some parcels from ‘Community’ to ‘Operational’ status, to facilitate the initial sale to Huscorp. In need of particular re-visitation are: • Map 1: Land Use in Huskisson Town Centre • Clause 5.6: Car Parking |
It must be abundantly clear to SCC that few in the Huskisson community and beyond are prepared to endorse the zoning away of the bottle shop car park in Owen St/Sydney St - which is exactly what the DCP does in the existing draft - by zoning most of the existing car park to Mixed Use - Retail/Residential.
In 2009 the community overwhelmingly rejected the proposal by SCC to reclassify the bottle shop car park to ‘Operational’ in an attempt to facilitate its sale. A sign on Owen St says (paraphrasing) ‘Huskisson - all day parking’. This is increasingly looking like false advertising! The HWCV is not unaware of the issues for car parking raised by the uncertain future ownership of the RSL car park (cnr Currambene St/Owen St), and the need for creative solutions. However it is only possible to comment on the DCP as presented. Thank you for the opportunity to comment. Huskisson Woollamia Community Voice (CCB), 19 September 2014 |
29 August 2014 - 20 days to go - draft Shoalhaven DCP 2014 exhibition - Monday 11 August 2014 to Friday 19 September 2014
We have now reached the halfway mark of the draft Shoalhaven DCP 2014 exhibition and there is now 20 days left to submit your comments on the draft DCP.
How to make a submission - You can provide comments to Council in a number of different ways:
Online - Online submissions are preferred and can be made by completing a submission form for each chapter at: www.dcp2014.shoalhaven.nsw.gov.au
Email – Submissions can be emailed to: council@shoalhaven.nsw.gov.au, quoting ‘draft DCP 2014 submission – 33571E’ in the email title
Post - Submission forms and written submissions can also be lodged by writing to: Draft DCP 2014 submission, Shoalhaven City Council, PO Box 42, Nowra NSW 2541
Any submission should quote Council reference 33571E and must be received in writing before 5pm Friday 19 September 2014. Submissions forms will be available online, from Nowra and Ulladulla Council Offices.
How will my submission be considered?
All submissions will be considered in the finalisation of the draft DCP, however due to a tight timeframe submissions will be considered in two ways:
Immediate Consideration - Minor issue comments that can be considered during the finalisation of the draft Citywide DCP, such as editorial, formatting or anomalies; or
Further Consideration - Issues that require further investigation and/or community consultation will be considered following the adoption of the draft DCP such as key changes to the document.
Who can I contact? - Any enquiries regarding the draft DCP can be directed to our DCP project team:
DCP Hotline - (02) 4429 5377
Online chat - via the ‘quick chat’ tool available on the exhibition website
Email - council@shoalhaven.nsw.gov.au quoting ‘draft DCP exhibition enquiry- 33571E’ in the subject line
In person - ask to speak to a member of the DCP project team at Level 3 Counter, Nowra Administration Building
Kind Regards, Lauren Turner, DCP Project Team
We have now reached the halfway mark of the draft Shoalhaven DCP 2014 exhibition and there is now 20 days left to submit your comments on the draft DCP.
How to make a submission - You can provide comments to Council in a number of different ways:
Online - Online submissions are preferred and can be made by completing a submission form for each chapter at: www.dcp2014.shoalhaven.nsw.gov.au
Email – Submissions can be emailed to: council@shoalhaven.nsw.gov.au, quoting ‘draft DCP 2014 submission – 33571E’ in the email title
Post - Submission forms and written submissions can also be lodged by writing to: Draft DCP 2014 submission, Shoalhaven City Council, PO Box 42, Nowra NSW 2541
Any submission should quote Council reference 33571E and must be received in writing before 5pm Friday 19 September 2014. Submissions forms will be available online, from Nowra and Ulladulla Council Offices.
How will my submission be considered?
All submissions will be considered in the finalisation of the draft DCP, however due to a tight timeframe submissions will be considered in two ways:
Immediate Consideration - Minor issue comments that can be considered during the finalisation of the draft Citywide DCP, such as editorial, formatting or anomalies; or
Further Consideration - Issues that require further investigation and/or community consultation will be considered following the adoption of the draft DCP such as key changes to the document.
Who can I contact? - Any enquiries regarding the draft DCP can be directed to our DCP project team:
DCP Hotline - (02) 4429 5377
Online chat - via the ‘quick chat’ tool available on the exhibition website
Email - council@shoalhaven.nsw.gov.au quoting ‘draft DCP exhibition enquiry- 33571E’ in the subject line
In person - ask to speak to a member of the DCP project team at Level 3 Counter, Nowra Administration Building
Kind Regards, Lauren Turner, DCP Project Team
What happens next?
Following the exhibition period, Council’s Strategic Planning Section will review all submissions and report issues raised to Council. Once Council has considered the submissions, the draft DCP will be adopted and will replace all of Council’s existing DCPs. Council has included your email address in the notification list following your submission during the Shoalhaven Local Environmental Plan exhibitions or because you registered your email address online www.dcp2014.shoalhaven.nsw.gov.au. If you wish to unsubscribe from future emails regarding the draft Shoalhaven DCP 2014, please reply to this email with the text ‘unsubscribe’.
Who can I contact?
Any enquiries regarding the draft DCP can be directed to our DCP project team via:
• DCP Hotline - (02) 4429 5377
• Email - council@shoalhaven.nsw.gov.au quoting ‘draft DCP exhibition - 33571E’ in the subject line
• Send an enquiry - http://dcp2014.shoalhaven.nsw.gov.au/content/ask-question
• Online chat - via the ‘quick chat’ tool
Click on the ‘Chat with us’ icon at the bottom right of the DCP website. A member of the DCP Team will be available to chat with you between 9am - 5pm (Monday to Friday) during the exhibition period.
Project Team - Draft Shoalhaven DCP 2014 exhibition
p 02 4429 5377
e council@shoalhaven.nsw.gov.au
w http://dcp2014.shoalhaven.nsw.gov.au
Update 23 June 2014 from SCC Strategic Planning per Lauren Turner - Dear CCBs and Community Groups:
City-wide DCP - public exhibition from late July 2014 for 28 days - website now available
Along with the requirement for all NSW councils to prepare a Standard Instrument Local Environmental Plan (LEP), Councils must also prepare a single Development Control Plan (DCP) within 6 months of their Standard Instrument LEP commencing.
Thus as a result of the recent completion and notification of the new Shoalhaven LEP 2014 this requirement needs to be complied with. All of Shoalhaven City Council's DCPs have been consolidated into one DCP covering the whole of the Local Government Area (LGA). The draft Shoalhaven DCP 2014 is essentially a transfer of intent of the existing guidelines and controls into a new, easy to read format. Some changes have been made to remove redundant controls, remove duplication and ensure it reads as one document and to update certain areas in line with Shoalhaven LEP 2014.
In order to meet the deadline of 22 October 2014, it is intended that the draft DCP will be publicly exhibited in late July/August for a period of 28 days. A pre-exhibition website is now available at link: www.dcp2014.shoalhaven.nsw.gov.au to allow community members to register their interest and to receive updates about the exhibition.
During the exhibition period extra tabs will be switched on to show the draft document, some mapping, fact sheets and submission forms. In order to meet the 22 October 2014 deadline and to consider the community’s concerns, Council will be encouraging clear and concise submissions with online submission forms for each Chapter in the DCP.
Please do not hesitate to contact me on (02) 4429 3139 if you have any questions.
Kind Regards,
Lauren Turner, Acting Team Coordinator - City Strategy Planning, Shoalhaven City Council, tel: 02 4429 3139; email: Lauren.Turner@shoalhaven.nsw.gov.au; web: http://shoalhaven.nsw.gov.au
Following the exhibition period, Council’s Strategic Planning Section will review all submissions and report issues raised to Council. Once Council has considered the submissions, the draft DCP will be adopted and will replace all of Council’s existing DCPs. Council has included your email address in the notification list following your submission during the Shoalhaven Local Environmental Plan exhibitions or because you registered your email address online www.dcp2014.shoalhaven.nsw.gov.au. If you wish to unsubscribe from future emails regarding the draft Shoalhaven DCP 2014, please reply to this email with the text ‘unsubscribe’.
Who can I contact?
Any enquiries regarding the draft DCP can be directed to our DCP project team via:
• DCP Hotline - (02) 4429 5377
• Email - council@shoalhaven.nsw.gov.au quoting ‘draft DCP exhibition - 33571E’ in the subject line
• Send an enquiry - http://dcp2014.shoalhaven.nsw.gov.au/content/ask-question
• Online chat - via the ‘quick chat’ tool
Click on the ‘Chat with us’ icon at the bottom right of the DCP website. A member of the DCP Team will be available to chat with you between 9am - 5pm (Monday to Friday) during the exhibition period.
Project Team - Draft Shoalhaven DCP 2014 exhibition
p 02 4429 5377
e council@shoalhaven.nsw.gov.au
w http://dcp2014.shoalhaven.nsw.gov.au
Update 23 June 2014 from SCC Strategic Planning per Lauren Turner - Dear CCBs and Community Groups:
City-wide DCP - public exhibition from late July 2014 for 28 days - website now available
Along with the requirement for all NSW councils to prepare a Standard Instrument Local Environmental Plan (LEP), Councils must also prepare a single Development Control Plan (DCP) within 6 months of their Standard Instrument LEP commencing.
Thus as a result of the recent completion and notification of the new Shoalhaven LEP 2014 this requirement needs to be complied with. All of Shoalhaven City Council's DCPs have been consolidated into one DCP covering the whole of the Local Government Area (LGA). The draft Shoalhaven DCP 2014 is essentially a transfer of intent of the existing guidelines and controls into a new, easy to read format. Some changes have been made to remove redundant controls, remove duplication and ensure it reads as one document and to update certain areas in line with Shoalhaven LEP 2014.
In order to meet the deadline of 22 October 2014, it is intended that the draft DCP will be publicly exhibited in late July/August for a period of 28 days. A pre-exhibition website is now available at link: www.dcp2014.shoalhaven.nsw.gov.au to allow community members to register their interest and to receive updates about the exhibition.
During the exhibition period extra tabs will be switched on to show the draft document, some mapping, fact sheets and submission forms. In order to meet the 22 October 2014 deadline and to consider the community’s concerns, Council will be encouraging clear and concise submissions with online submission forms for each Chapter in the DCP.
Please do not hesitate to contact me on (02) 4429 3139 if you have any questions.
Kind Regards,
Lauren Turner, Acting Team Coordinator - City Strategy Planning, Shoalhaven City Council, tel: 02 4429 3139; email: Lauren.Turner@shoalhaven.nsw.gov.au; web: http://shoalhaven.nsw.gov.au
Announcement: the Shoalhaven Local Environment Plan (SLEP) was signed off, and operates from: 22 April 2014
14 August 2013 - Dear Better Planning Network - Change.org petition
It’s up! Click the link following to ask the Govt to withdraw its [White Paper] Planning Bills! Petition at link: http://www.change.org/en-AU/petitions/the-premier-of-nsw-the-hon-barry-o-farrell-mp-withdraw-the-nsw-government-s-planning-bills?utm_source=guides&utm_medium=email&utm_campaign=petition_created
Pass it onto your membership ASAP and encourage others to sign and comment! We’ll send another email about this petition tonight which you can distribute it widely to your friends and colleagues.
Letters make a HUGE difference! See 14 August 2013 SMH letters at link: http://www.smh.com.au/comment/smh-letters/sloppy-and-flawed-planning-laws-disgrace-nsw-government-20130813-2ruik.html
Thanks for all you’re doing!
Corinne Fisher, Better Planning Network, Ph: 0421 831 889
It’s up! Click the link following to ask the Govt to withdraw its [White Paper] Planning Bills! Petition at link: http://www.change.org/en-AU/petitions/the-premier-of-nsw-the-hon-barry-o-farrell-mp-withdraw-the-nsw-government-s-planning-bills?utm_source=guides&utm_medium=email&utm_campaign=petition_created
Pass it onto your membership ASAP and encourage others to sign and comment! We’ll send another email about this petition tonight which you can distribute it widely to your friends and colleagues.
Letters make a HUGE difference! See 14 August 2013 SMH letters at link: http://www.smh.com.au/comment/smh-letters/sloppy-and-flawed-planning-laws-disgrace-nsw-government-20130813-2ruik.html
Thanks for all you’re doing!
Corinne Fisher, Better Planning Network, Ph: 0421 831 889
9 August 2013 - Note from Alan Burrows,
Dear All, Huskisson in need Develt Comm, Fri 9 August 2013, 4pm - 7pm - third item ..11.3 Key Issues – Huskisson - we will ask for HoB to be included in discussion among the issues listed in Table 11.3. I request as many of you as possible make direct approaches to Councillors … all the lobbying you can arrange with all Councillors … to save Huskisson this monumental indiscretion is essential Please send the following detail …. Via as many of your members as possible … to all Councillors expressing support for the Huskisson community in having Council cap the HOB in the Huskisson R3 zone to 8.5 meters … detail below Please send the emails prior to the Development Committee meeting of Friday 9th August 2013 from 4pm-7pm. Could you also copy me on the emails to be used as part of a submission to DoP&I should Councillors not be persuaded …. This is one item where DoP&I have stated that there is a “planning inconsistency” Alan Burrows, Huskisson resident Councillors email addresses: Jo.Gash@shoalhaven.nsw.gov.au; Lynne.Kearney@shoalhaven.nsw.gov.au; John.Wells@shoalhaven.nsw.gov.au; Karen.Anstiss@shoalhaven.nsw.gov.au; Clive.Robertson@shoalhaven.nsw.gov.au; Jemma.Tribe@shoalhaven.nsw.gov.au; Allan.Baptist@shoalhaven.nsw.gov.au; findleya@shoalhaven.nsw.gov.au; Mark.Kitchener@shoalhaven.nsw.gov.au; Patricia.White@shoalhaven.nsw.gov.au; andrew.guile@shoalhaven.nsw.gov.au; Jim.McCrudden@shoalhaven.nsw.gov.au; watsong@shoalhaven.nsw.gov.au Dear Councillors, We represent / members of the xxxxx community and wish to provide support to the community of Huskisson in having the HOB in their R3 zone in Huskisson capped at 8.5 meters. We support the premise as presented below; Signed xxxxxx xxxxx community Height of Building (HOB) in Coastal and Rural Villages and Towns Residential zones R1, R3, R5 have not generally been mapped and have HOB limit of 11 meters The following Villages / Towns have received intervention from Councillors · Berry has ALL zones within its urban centre with HOB capped at 8.5 m, R1, R2, R3, B2, E3, SP1, SP2, RE1, RU1, RU2, IN1 · Conjola and Manyana have R5 zone HOB capped @ 8.5m · Kangaroo Valley has heights capped at 5.5 to 8m · Vincentia has R1 residential zone capped at 8.5m · Bawley Point R2, RU5 and R5 residential with HOB capped at 8.5m · These are good decisions and will protect the amenity and tourism value of the villages These actions by Councillors are greatly appreciated by their communities and have set a precedent that should reasonably be awarded to other coastal and rural villages and towns, particularly where the zone if permitted to allow HOB at 11 meters would cause a dramatic reduction in the character and community amenity and overload of services of the area, not to mention the tourism value. First and foremost villages and towns are homes to our communities; many are also dependent on tourism for their life blood and need to make specific allowance for Visitors without the destruction of community amenity. Huskisson is one such Town, and home to a small community, also providing services to the larger communities of the Jervis Bay and Basin region. Over the last 9 years Huskisson has seen substantial increase in HOB across the whole village · HOB in its CBD increased to 10 and 13m, with height bonuses of an additional Storey available for lot consolidation (to 13 and 16 m) … DCP54 · 19% of residential zones (B4) have HOB of 13 meters o The Foreshore areas, now zoned B4, have been given over to Residential Flat buildings, three have so far been approved and two are under construction. · 37% of residential zones (R1 & R3) would have HOB of 11 meters . 56% of all lots would have a height of 11m or more |
o The Medium Density R3 zone occupies the centre of the town
· 44% of the residential area is zoned R2 capped at 8.5 meters What is the basis for the potential over development of such a small town (pop 850) · Stated by Clr Watson as Gateway to Jervis Bay (a Marine Park) .. decision from 70’s · less than 1 sq Km in area with access via two roads, Huskisson Rd to the north and The Wool road from the south. Both of these are already overloaded in peak holiday season · Huskisson has limited pedestrian or vehicular access to Huskisson Beach and Moona Creek and stairs only access to Shark Net beach, from White Sands Park. · There is one boat ramp at Woollamia with three others being a 15+ minute drive away on holiday/congested roads … 11m development in R3 zone is unlikely to allow for boat trailers · Infrastructure and services; water, sewerage, drainage, electricity, traffic & parking are not sufficient for the intended R3 - 11 meter development 11m HOB in the R3 zone would create: · 600 to 700 additional apartments; those that adjoin existing private properties will remove privacy, increase noise and render the area unliveable for permanent residents · 1250 to 1500 additional vehicles, with access to town roads via the existing 5.5 m wide “Dunny Lanes”. The additional traffic will make the access roads, Huskisson Rd and Wool Rd impassable · This will bring an increase to holiday numbers of 3,000 to 3,600 in holiday periods · Is it Councils intention to remove permanent residents from Huskisson to make way for holiday accommodation, if so what of the viability of the retail centre out of holiday periods. |
Re-exhibition of SLEP 2009-2013
|
Council documentsRe-exhibition Plan
Table of Issues Have Your Say form Height of Buildings in SLEP2009-13 SCC info line: 02 4429 5377 |
CCBs Review Group documents |
Review Group documents (contd) |
The HWCV submission to the re-exhibition was made on 10 May 2013. Links: HWCV Submission 10 May 2013 ; Huskisson Key Issues summary - 820kb
12 July 2013 - Dear All - report to be considered at the Special Development Committee Meetings on the draft LEP 2013: the Business Papers in 3 parts are available from the following location on the Council website: http://shoalhaven.nsw.gov.au/MyCouncil/Councilmeetings/Agendasandminutes/SpecialDevelopmentCommittee.aspx I recommend that any deputations be given with clear reference to the Item number and location in the Business Paper… and that a copy of the presentation be given to all Councillors immediately after the presentation … otherwise .. they are unlikely to recall the community recommendation when the particular issue is being discussed. Sincerely, Alan Burrows
From: Foley, Marie-Louise [foleyML@shoalhaven.nsw.gov.au] Sent: Friday, 12 July 2013 5:15 PM
Subject: Draft SLEP 2013 - Report to Special Development Committee
Dear Sir/Madam, please be advised that the report to be considered at the Special Development Committee Meetings on the draft LEP 2013 is now available at: http://shoalhaven.nsw.gov.au/MyCouncil/Councilmeetings/Agendasandminutes/SpecialDevelopmentCommittee.aspx Should you have any queries, please do not hesitate to contact me. Regards, Marie-Louise, Marie-Louise Foley, Senior Strategic Planner, Shoalhaven City Council
Shoalhaven City Council SLEP2013 page: http://slep2013.shoalhaven.nsw.gov.au/#&slider1=1
Latest updates page: http://slep2013.shoalhaven.nsw.gov.au/content/latest-draft-shoalhaven-lep-updates
Order of Reporting Timetable - Special Develt Committee during July 2013 -235kb click here (Wed 24 July - Height of Buildings, Mon 29 July - Huskisson specific issues)
Requests to make a deputation to the SDC meetings - call Executive Support on (02) 4429 3264 before 5pm on Monday 15 July 2013.
By Mon 15th July 2013 (for Wed 17th July) - deadline for requests for deputation to the SCC Special Develt Committee. All deputations will be received on the same day (Wed 17 July 2013). As noted below, Council consideration of public comment on the final draft SLEP 2013 are as follows: 4.00- 7.00 pm on - 17 and 18 July ; 24 and 26 July ; 29 and 31 July 2013 - Open to the public - Council Committee has delegated authority - various dates for various parts of the city. Here is a link to the SCC advice -340kb to the community on 5 July 2013. The Special Development Committee report be considered strictly in the order in which it is set out in the business paper to enable an indicative timetable to be made available to interested community members. (Mon 29 July - Huskisson specific issues. Wed 24 July - Height of Buildings).
NSW Planning White Paper - Flow Chart summary pdf by NSW DoP&I - May 2013 -825kb -summarizes scheduling and public feedback mechanisms.
5 July 2013 - EDO NSW Welcomes COMMONWEALTH FUNDING Boost
We are delighted to let you know that EDO NSW has received a significant increase in the annual financial support we receive from the Australian Government.
Federal Attorney-General Mark Dreyfus QC announced on Wednesday that we will receive an additional $300,000 a year in Commonwealth support, compared with around $100,000 a year previously.
In combination with the support we have received from the community, this increased funding will help augment our extensive rural and regional outreach program that provides high-quality planning and environmental law information and support across the state.
We are extremely grateful that the Attorney-General and the Australian Government have listened to the community and recognised the valuable work that we do to protect the environment under law and ensure informed community participation in planning and environmental decision making processes.
The increased Commonwealth funding and the four-year commitment announced by the Attorney-General would help to ensure EDO NSW's services are provided to the community through to its 30th anniversary in 2015 and beyond.
Yours faithfully, Jeff Smith, Executive Director
Address: Level 5, 263 Clarence St, Sydney NSW 2000 Phone: 02 9262 6989 Email: edonsw@edonsw.org.au Website: edonsw.org.au
21 June 2013 - White Paper - Lesley Sanders - HBVA [submissions close - 28 June 2013]
I was hoping you would send out the document attached through your network regarding a submission for the White Paper. I would like as many as possible to read the document and hopefully support my suggestion:
"..the White Paper should stipulate that an accredited private certifier must reside or maintain his/her business in the local government area where they are appointed to approve development. If there is no accredited private certifier in the local government area, the local council defaults as the building certifier."
Thanks, Lesley Sanders, HBVA
7 June 2013 - Dear Better Planning Network members
PLEASE FORWARD THIS EMAIL TO YOUR GROUP MEMBERSHIP
We are delighted to announce the release of the BPN White Paper and Planning Bills Key Issues and Submission Guide -700kb. In doing so, we would like to thank the more than 30 individuals, many of them professionals in their fields, who contributed to this document.
The aim of this document is to provide guidance for individual and group submissions on the NSW Government’s White Paper and Planning Bills
It is of utmost importance that all of you, as individuals and groups, make a submission and encourage others to do so as well. Your submission does not have to be long - a one page letter with bullet points is sufficient.
The closing date to make a submission on the White Paper and Planning Bills is - Friday 28 June 2013. To make a submission:
· Upload your submission or use the online feedback tool on the Have Your Say website: www.engage.haveyoursay.nsw.gov.au/newplanningsystem
· Post your submission to: New Planning System, NSW Department of Planning and Infrastructure, GPO Box 39, Sydney NSW 2011
It is better to use on your own words and experience to make a submission. But if you prefer, you can use any of the points provided in this document as a basis for your submission.
Thank you for your support and happy submission writing!
Kind regards, Corinne Fisher, Better Planning Network, Ph: 0421 831 889
- http://betterplanningnetwork.good.do/ - betterplanningnetwork@gmail.com - http://www.facebook.com/BetterPlanningNetwork/ - http://twitter.com/bettplannetwork
12 June 2013 - EDO NSW have advised, no NSW Legal Aid will be available for environmental cases from 1 July 2013.
Dear NSW citizen,
from 1 July this year, Legal Aid will no longer be available for environmental cases.
That’s the Legal Aid that has provided financial support for community groups to take public interest cases for the environment for a quarter of a century. The same Legal Aid that helped to save our forests through iconic legal cases in the 1990s. The same Legal Aid that has enabled us to take on landmark cases like the Walker case, the first case in Australia to consider the impacts of climate change on a proposed development.
And it’s the same Legal Aid that has enabled us to hold Government Ministers to account and expose conflicts of interest, as the Huntlee development case showed. Legal Aid has been a long standing part of the landscape for over 27 years. And it has now been scrapped. After so much financial uncertainty these past months there is one thing I do know - with your help EDO NSW can continue to fight for access to justice. Since 1 July is just a few short weeks away we must act now. To make sure that we can continue to take on the cases that matter to the community and the environment, we’re expanding our Environmental Defence Fund to help fill the gap that will be left from the loss of Legal Aid. Will you please join me in our quest to protect our environment?
Will you send your most generous gift today -link to donate so we can replenish our own Environmental Defence Fund? Donations over $2 are tax deductible. We urgently need a minimum of $75,000 to allow us to run the next landmark Warkworth or Catherine Hill Bay cases and protect the environment. $75,000 will allow us to support five critical public interest cases in the coming year – five cases that will ensure environmental justice is served. Tax deductible. Receipt provided by email.
I know you care – you would not have contacted us in the past if you didn’t. Please support the Environmental Defence Fund by clicking here today, and send this email to your friends, colleagues and neighbours. We must be ready to protect our fragile environment.
Yours faithfully,
Jeff Smith
Executive Director
P.S. Thank you for whatever you can do for us – and remember EDO NSW’s litigation work has been the hallmark of some of the most important environmental law changes these past 27 years – we cannot let justice be silenced.
Address: Level 5, 263 Clarence St, Sydney NSW 2000 Phone: 02 9262 6989 Email: edonsw@edonsw.org.au Website: edonsw.org.au
27 May 2013: Advice from Marie-Louise Foley, Shoalhaven City Council (Strategic Planning). The dates for Council consideration of public comment on the final draft SLEP 2013 are as follows: 4.00- 7.00 pm on: 17 and 18 July ; 24 and 26 July ; 29 and 31 July 2013 - Open to the public - Council Committee has delegated authority - various dates for various parts of the city.
The Department of Planning and Infrastructure (Dop&I) Wollongong has just confirmed the arrangements for the Planning Review Workshop (Shoalhaven)
as follows: 14th June 2013, i.e. same date. 2.00- 4.00 pm. i.e. earlier and increased time. Location. SCC Reception Room, Shoalhaven City Council.
Please reply to Frances Bray directly ...francesbray@bigpond.com , if you are attending, to enable confirmation of numbers. I urge you all to attend to hear from Brett Whitworth the Department’s (NSW Dop&I) views of the White Paper and draft Bill and to express your views. My understanding is that fundamental changes are proposed, such that all the concerns that the Review Group has advocated re the SLEP would be overtaken by the priority accorded to growth, the loss of important environment and heritage protections and the reduction in community involvement in decision-making.
The BIGGEST PLAN of all is coming soon! The Shoalhaven Local Environment Plan will mean major changes, including:
• Developments in residential areas of Huskisson up to 11 metres (or 3 storeys)
• Many different allowable land uses in different zones throughout Huskisson & Woollamia
• Building heights in the Huskisson CBD up to 16 metres (currently 11 or 13 metres)
Friday 14th June 2013 - Planning White Paper and Bill - Workshop - 2.00-4.00 pm - Shoalhaven City Council Reception Room, Bridge St, Nowra
Please RSVP to Frances Bray asap - if you don't have Frances' email, then send to HWCV and we will forward.
Brett Whitworth Regional Director South Coast Department of Planning and Infrastructure has offered to conduct another workshop in Nowra regarding the Planning White Paper and Bill on public exhibition until the 28th June 2013.
Date 14th June 2013. Time 2.00-4.00pm. Location - Shoalhaven City Council reception room adjacent to the Council chamber. Bridge St Nowra.
The proposed changes represent a radical departure to the current system. The workshop will provide an opportunity to clarify issues and express your concerns and assist in preparing your submission.
You will recall that Brett’s previous presentation was very helpful in relating the changes to South Coast issues.
Please let me know if you wish to attend so I can advise re numbers.
Frances Bray
9 May 2013 - NSW Planning White Paper Submission Guide Now Available
Dear friends,
The Government claims that its new planning system will "protect the environment and enhance people's way of life". However, under the proposed changes to the NSW planning system set out in the planning White Paper and draft Planning Bill:
The White Paper and Exposure Bill are open for public comment until 28 June 2013. We have prepared a White Paper Submission Guide to help you understand the changes and prepare your own submission on the White Paper. You can download a copy of White Paper Submission Guide, and other useful material, from our website: http://www.nccnsw.org.au/campaigns/planning
TAKE ACTION TODAY. This is an essential time to speak up for a planning system that protects the environment and our communities:
You can download a copy of the White Paper and draft Planning Bill from the Department’s website: www.planning.nsw.gov.au/newplanningsystem
You can also register to attend one of the Department's community consultation sessions and find out how you can have your say by visiting: www.engage.haveyoursay.nsw.gov.au/newplanningsystem
Best wishes, Pepe Clarke, Chief Executive Officer, Nature Conservation Council of NSW
Key Issue Summary - Maximum Building Heights in the SLEP 2009 Key Issue Summary - Environment and Natural Resource Issues in SLEP 2009.
Huskisson draft Zones Map. A list of Huskisson SLEP 2009 issues has been compiled by Alan Burrows - this list has wider application to many parts of Shoalhaven City, and is a useful starting point for CCB responses. See Steve Murphy’s personal website on draft R3 Medium Density zones (with special reference to Huskisson) here: sites.google.com/site/huskissonr3zones Info on Huskisson ‘Airport’ -1.3MB (i.e. cleared runways in pine forest west of Huskisson).
3 April 2013 - from: Alan Burrows, Convenor, SLEP Review Group
Dear All,
the Exhibition of the Draft SLEP2013 commences today 3 April 2013 …NOTE the new web address for the Maps …this link works: http://slep2013.shoalhaven.nsw.gov.au/#&slider1=1 With very limited time I can only suggest you focus on the key issues … as proposed in the Review Group’s last “Paper” … then get the maximum number from your local community to write a simple and pointed submission. There is only one opportunity to redress the BAD Planning incorporated in the Draft and that is to force “high concern” issues out of the Draft and deferred for a fuller scrutiny at a later date.
Remember we now have a Community Engagement Policy … we need to force Council to use the Policy to resolve high concern community issues within the Draft SLEP 2013.
Please let me know if you need more information.
Regards, Alan Burrows, Convenor, SLEP Review Group
3 April 2013 - from: Marie-Louise Foley - Shoalhaven City Council, Strategic Planning
Dear Sir/Madam,
Re-exhibition of the Draft Shoalhaven Local Environmental Plan 2009 - 2013
Thank you for your interest in the draft Shoalhaven Local Environmental Plan (LEP) 2013. You are receiving this correspondence as you either made a submission to the original exhibition or you have requested to receive updates as the draft LEP progresses.
The draft Shoalhaven LEP 2013 will be on public exhibition from Wednesday 3 April - Friday 10 May 2013 (inclusive) between 9am and 5pm at the City Administrative Centre, Bridge Road, Nowra. This is the second exhibition of the draft LEP which has been amended following the first exhibition. It applies to all land within the Shoalhaven Local Government Area (LGA) and will ultimately replace the current Shoalhaven LEP 1985.
Viewing Locations
The draft LEP and supporting information will also be available for viewing online at: http://slep2013.shoalhaven.nsw.gov.au/#&slider1=1 and at a number of different locations throughout the City including:
· Nowra Library – 10 Berry Street, Nowra
· Bay and Basin Leisure Centre – 167A The Wool Road, Vincentia
· Sanctuary Point Library – 34 Paradise Beach Road, Sanctuary Point
· Ulladulla Administration Building – 14 Deering Street, Ulladulla
· Ulladulla Library – 81B Princes Highway, Ulladulla
Drop-in Sessions
Council will also be hosting public ‘drop-in sessions’ to enable the community to view the draft LEP, speak with Council staff and make submissions. The date and location for the ‘drop-in sessions’ are detailed below, all at 4:00pm - 6:00pm:
- Huskisson Community Centre - Monday 15 April 2013
- Sussex Inlet Community Centre - Tuesday 16 April 2013
- Ulladulla Dunn Lewis Centre - Wednesday 17 April 2013
- Pyree Hall - Thursday 18 April 2013
- Council Reception Room, Nowra Administration Building - Monday 22 April 2013
- Berry School of Arts - Wednesday 24 April 2013
How to make a submission?
Written comments on the draft LEP are invited and should be made in writing before 5pm on Friday 10 May 2013. Submissions can be made in the following ways:
Online at: http://slep2013.shoalhaven.nsw.gov.au/#&slider1=1 or by email to: SLEP2013@shoalhaven.nsw.gov.au, or post to: SLEP 2013 Submission
Shoalhaven City Council, PO Box 42 Nowra NSW 2541
Please note that correspondence submitted to Council on this matter may be open for public inspection without notifying the correspondent. Pre-printed form letters, which have been individually signed, will be considered but not formally acknowledged.
Submissions may become public documents and may be viewed by other persons on request. All persons who lodge a submission are required to declare any relevant political donations and/or gifts in accordance with Section 147(5) of the Environmental Planning and Assessment Action 1979.
What happens next?
Following the exhibition period, Council’s Strategic Planning and Infrastructure Group reviews all submissions and reports these to Council. Once Council has considered the submissions, the draft LEP is adopted and submitted to the Department of Planning & Infrastructure for finalisation and commencement. Any enquiries regarding the draft LEP can be directed to our LEP project team on (02) 4429 5377 or via email to SLEP2013@shoalhaven.nsw.gov.au, quoting file number 33363E.
Yours faithfully, Marie-Louise Foley, Senior Strategic Planner, Shoalhaven City Council. Tel: 02 4429 3559 Fax: 02 4429 3168 Email: FoleyML@shoalhaven.nsw.gov.au Web: http://shoalhaven.nsw.gov.au
Shoalhaven LEP - review commencing in 2009 - still going in 2013 - Combined CCBs Review Group
The SLEP 2009 Review Group was established in September 2009 as a resource to review the detail of the Draft SLEP 2009. Its members consist of people from the majority of Shoalhaven Community Consultative Bodies, environmental and community groups. The detail contained in the following submission is the considered opinion of all the member groups. The Review Group has provided Shoalhaven City Council with submissions on all aspects of the Draft SLEP2009, however believe that it is important that you receive a concise record for the research and observations carried out by representatives of our member organisations. We intend to submit a separate submission on each key issue within the Draft SLEP 2009. Sincerely, Alan J Burrows, for and on behalf of: SLEP 2009 Review Group
SLEP 2009 Review Group - member organisations: (new members are very welcome)
Huskisson Woollamia Community Voice; Basin Villages Forum; Red Head Villages Association; Ulladulla and Districts Community Forum; Hyams Beach Villagers Association; Vincentia Ratepayers and Residents Association; Lake Wollumboola Protection Association; Kangaroo Valley Community Association; Berry Alliance; Currarong Progress Association; Friends of 2538; Bawley Point-Kioloa Community Association; Tomerong Forum; Lake Conjola Lakecare Assoc; Budgong Community Group; Shoalhaven Branch of the Australian Conservation Foundation.
Our Shoalhaven: "A community voice for Shoalhaven's future" Web: www.ourshoalhaven.com
Our Shoalhaven is an initiative of the Shoalhaven Local Environment Plan 2009 (SLEP2009) Review Group. The review group is a collection of Community Consultative Bodies and Environment Groups that worked together to put forward a detailed submission to Shoalhaven Council in 2011 to alter the draft LEP to better reflect the wishes and needs of the community. Frustrated that council seemed to be ignoring many of the community submissions, Our Shoalhaven was started in April 2012 to give the Shoalhaven community a resource and forum to learn more about planning in the Shoalhaven and to encourage residents and visitors to engage in planning decisions that affect the future of our region. Vision: Our Shoalhaven has a vision of genuine community involvement in planning decisions in the Shoalhaven. The economic future of the Shoalhaven is intimately tied with protecting and enhancing its environmental values.
________________________________________________________________________________________________________________________________
18 February 2013 - Shoalhaven City Council - Development Committee (the staff report is copied below)
SLEP Review Group delegation (Will Armitage):
1. Introduction of the SLEP2009 Review Group … representing 15-20,000 Shoalhaven residents through 16 CCB’s, 2 community and 7 environmental groups
a. I speak on behalf of the SLEP Review Group a coalition of 25 Shoalhaven community groups. We have been working since 2009 to encourage community members to engage with Shoalhaven City Council in the development of the SLEP. Our membership includes 16 Community Consultative Bodies as well as 9 other Shoalhaven community and environment groups.
b. During the last Exhibition the Review Group sent a 150 page submission to the Minister for Planning and Infrastructure. His deliberation was delivered to Council on 4 Dec 2012
c. We have been encouraged that the Minister has seen fit to address a number of State significant issues while advising the community to work cooperatively with Council to resolve the remaining local issues
d. We are greatly heartened by the decision of Mayor Gash to arrange a separate session where Councillors, Review Group members including all Shoalhaven CCB’s and Staff would have the opportunity to discuss outstanding issues of the SLEP2013.
2. We have reflected on tonight’s Agenda and support Option 1a) to accept the DoP Section 65 Certificate and proceed to public exhibition of the draft plan. We are concerned about the implication of certain recommendations in Option 1b) which are an apparent deviation from the Ministers decision about a number of environmentally sensitive areas within the Shoalhaven, specifically Changes 1,2,3&8. The Minister’s letter makes clear that in these cases, the focus of the SLEP should be on evidence and strategic merit, in accordance with adopted State policies and Strategic Plans rather than on individual development proposals.”
3. While we appreciate that it is time for the LEP to be finalised, in line with the Minister’s requirement, we look forward to the opportunity to discuss in detail the key issues that have been raised by communities across the Shoalhaven,
a. By way of example and by no means limited to these, the following provide an outline of our concerns. We are advised by staff that according to the HOB Fact Sheet included in the last Exhibition, the HOB for all residential zones, R1, R3 and R5 have been set at 11 meters, while the City Wide DCP will ensure that height controls set in DCP71 (medium density) will be achieved “as either storeys or three dimensional building envelopes.” DCP71 currently sets building heights at 2 storeys or 8.5 meters for medium density zones. A recent DA for Hawke Street in Huskisson is for an 11 meter development of 3 storeys with an entertainment platform above. We find it difficult to equate a commitment to existing DCP controls and the release for submissions of a DA for 11 meters.
b. There are issues of inappropriate land use in Rural zones, raised by the Review Group in its combined submission and many CCB’s and residents from across the Shoalhaven. Many of these concerns were supported by Staff for example:
i. Recommendations 4 & 7 .. for RU1 And RU2 rural zones Backpackers’ accommodation, • Boat repair facilities • Crematorium • Depots • Group homes • Hazardous industries • Offensive industries • Places of public worship • Recreation facilities (indoor) … and Caravan Parks
c. Reductions in environmental protections compared to the current LEP and strategic plans such as removal of Biodiversity overlay mapping contrary to the public’s right to know regarding environmental constraints on particular sites and application of the Tree Clause which does not provide the same range of protection that currently exists under Council’s Tree Policy and Preservation Order. These were also issues supported by Staff.
d. The Aims of the LEP have been substantially diluted from the version proposed by Staff and supported by the community; to the point that they no longer ensure the protection of the Shoalhaven as an amalgam of amazing coastal and rural villages and towns, whose centre will be a thriving Nowra, all dependent on Tourism.
4. We are keen to engage in “in good faith” dialogue with Council to resolve significant local issues to achieve a Shoalhaven Local Environment Plan that would have the support of the community, whilst at the same time enabling Council to meet its mid-year deadline.
We ask that Council accepts the changes requested by the Minister and proceeds with the issues of concern to the community, which are Council’s responsibility to decide.
Development Committee - Agenda item 2 on 18 February 2013: ..Staff Report ..page 12
2. Draft Shoalhaven Local Environmental Plan 2013 - Section 65 Certificate File 33363E
Purpose: Delivery Program Activity: 2.1.3.2
To inform the Councillors of the receipt of a Section 65 (s65) Certificate to enable the re-exhibition of the draft Shoalhaven Local Environmental Plan (SLEP) 2013 and of the conditions that form part of that certificate.
RECOMMENDED that Council:
a) Accept the conditional s65 certificate and proceed to re-exhibition of the draft SLEP 2013 on the basis that Council may formally request deferral of certain parts of the draft LEP when submitting the draft plan to the Department of Planning and Infrastructure for finalisation or may immediately undertake Planning Proposal(s) on commencement of the Draft SLEP 2013.
b) Consider the individual preferred options as set out the body of the report via the successive recommendations.
OPTIONS:
1. a) Accept the conditional s65 certificate and proceed to re-exhibition of the draft SLEP 2013 on the basis that Council may formally request deferral of certain parts of the draft LEP when submitting the draft plan to the Department of Planning and Infrastructure (DP&I) for finalisation or may immediately undertake Planning Proposal(s) on commencement of the Draft SLEP 2013.
b) Consider the individual preferred options as set out the body of the report via the successive recommendations.
This option is preferred as it will give the community the opportunity to view and comment on the changes made to the draft LEP post the 2011 exhibition. It will also ensure that this important project is progressing in a timely fashion and is on track to meet the mid year time frame indicated by the DP&I. It also flags the possibility of deferring certain parts of the draft LEP where Council still wishes to pursue some of those changes made post exhibition but not supported by the DP&I or to immediately undertake a Planning Proposal to deal with these issues once the LEP has commenced.
2. Not accept the conditional s65 certificate and initiate discussions with the DP&I regarding those conditions that are considered to be unacceptable.
This option is not recommended as it would indefinitely delay the re-exhibition of the draft LEP and the opportunity for the community to comment on the post exhibition changes to the LEP. It is also unlikely that the DP&I would vary the conditions of the certificate at this stage of the process. The DP&I has agreed that any issues of concern
4 February 2013 - NSW Coastal Conference in November 2012 - Report by Frances Bray
Please find attached my report to the Southern Rivers Catchment Management Authority regarding my observations of the issues presented at the NSW Coastal Conference in November 2012. Also attached is a Media Release from the Australian Coastal Society regarding the NSW Government’s changes to the Coastal Protection Act. Both the CMA and Kiama Council funded my participation and in exchange I undertook to provide my report to community groups of which I am a member. So here it is. I trust you find it of interest, particularly commentary on how the Government is approaching planning and development issues in relation to the coastal zone and coastal communities. I am happy to respond to enquiries regarding the issues. Cheers, Frances Bray
21 December 2012 - The [LEP] fight is not over yet, says review committee head
South Coast Register: http://www.southcoastregister.com.au/story/1200067/the-fight-is-not-over-yet-says-review-committee-head/?cs=203 The convenor of the alliance of community groups that were critical of the LEP called the Planning Minister’s response “a good start”. Alan Burrows headed up representatives from 26 community and environmental groups who joined together as the Shoalhaven LEP 2009 Review Group. Although he was happy with the minister’s position, he said there were still a number of issues the community would like to see addressed.
“These include improper uses of land in rural areas, that would sterilise their use for future farming, and the heights of buildings,” he said. “We’re not finished yet.” He warned that in the next exhibition stage, Shoalhaven mayor Joanna Gash would find out how keen the community was to see it resolved. He added that people were wary of Mrs Gash following a change of heart over a development application in Huskisson.
“But hopefully we’ll see better community consultation [over this],” he said. “The community is not going away quietly.”
6 December 2012
Dear resident,
Who would you turn to if the unthinkable were to threaten the precious environment you care so deeply for; if a monstrous development or a polluting coalmine was pushing forwards in your area? Who would you go to for legal support, advice and representation?
The answer seems simple: EDO NSW. However, we have been faced with a difficult situation – one that threatens our very ability to continue achieving positive environmental outcomes for the community. And in this instance, it is EDO NSW which dearly needs your support.
You see, EDO NSW has been met with significant funding cutbacks. What do these cutbacks mean for us, and for you?
If EDO NSW is unable to raise enough funds to make up for the shortfall, our service capacity will be severely reduced. As fewer members of the community have access to our slashed service, more and more developments which seriously undermine the health and integrity of our natural environment and cultural heritage will go unchallenged. If, like me, you are deeply opposed to this frightening prospect, please show your solidarity and make a practical commitment to ensuring we can continue to empower the community to keep our fragile environment and heritage safe.
Please donate online today. Your gift of $35, $75 or if at all possible $2,500 will immediately be put into action protecting our environment and heritage, through the provision of free legal support to the community.
Jackie French, the acclaimed children’s author, wrote:
"The EDO is the only protection for communities, farmers; all who love wombats and other wildlife, who treasure our environment and long to keep it safe.
Without the EDO’s experience and knowledge – and the determination and will to make sure that the environmental laws of NSW are kept – we will be helpless to protect the lands we love, that are part of our hearts or our livelihood.”
I strongly urge you to show your support and help ensure the continuation of EDO NSW’s vital community service.
Yours faithfully,
Jeff Smith
Executive Director
Address: Level 5, 263 Clarence St, Sydney NSW 2000 Phone: 02 9262 6989
Email: edonsw@edonsw.org.au Website: edonsw.org.au
Public interest fighters launch campaign as funds slashed
30 October 2012 - By: Ben Cubby, Environment Editor, Sydney Morning Herald: http://www.smh.com.au/nsw/public-interest-fighters-launch-campaign-as-funds-slashed-20121029-28fqp.html [Image at link] Environmental Defender's Office...an EDO case in 2009 resulted in a housing development in Catherine Hill Bay being overturned.
The [NSW] Environmental Defender's Office of NSW [EDO NSW], which has represented the public interest in court cases for 25 years, is on the brink of closure after the state government slashed funding and accused it of helping socialists.
The group took the unprecedented step of writing to thousands of its supporters around NSW last night asking them to campaign against the cuts. Its annual funding of $1.7 million from the Law Society's Public Purpose Fund has been cut, and reduced funding allowed only until March. ''I would describe our future at the moment as incredibly dire,'' said the office's executive director, Jeff Smith, who said the office's 25 staff would have to be reduced to just three if funding wasn't restored.
The agency runs community legal workshops, a free legal advice hotline, does policy work and represents the public in environmental law cases. The office has achieved major wins on behalf of community groups….
From: Better Planning Network Email: betterplanningnetwork@gmail.com Web: http://betterplanningnetwork.good.do/nsw/email-the-premier-2/
Sent: Saturday 27 October 2012
Dear NSW Resident,
In March 2011, prior to the NSW State election, Barry O’Farrell made a Contract with NSW. In this contract he promised to:
· Return planning powers to the community
· Delete Part 3A and rewrite the Planning Act to give communities a say again
Furthermore in their 2011 planning policy document the NSW Liberals and Nationals stated: “The NSW Liberals and Nationals are committed to returning local planning powers to local communities through their councils.”
It is clear that of these promises, the only one Barry O’Farrell plans to keep is to re-write the planning act. Sadly indications are that the planned re-write of the planning system will do just the opposite of what was promised- taking power away from the local community and empowering developers instead.
In July this year the NSW State government released a Green Paper that outlined their proposed reforms to the Planning Act. Some of the key changes included:
· Reducing the rights of the community to comment on development proposals in their community
· Reducing the power for local councils to assess and approve development applications
· Expanded “Fast-tracking” of developments for fast approvals without any neighbour notification or consultation
· Removing NSW State Environmental Planning Policies that provide statutory protection for our environment
· Establishing Enterprise Zones where development would be subject to only limited controls over areas that could be as large as a local government area
The O’Farrell government is proving no better than the previous Labor government when it comes to listening to the community on planning reform. They are making the same mistakes, favouring developer groups at the expense of the community. The Independent Commission Against Corruption (ICAC) has already raised concerns and these reforms will represent a huge step back in community rights.
What Can You Do?
If you care about your local community and how it is developed … If you care about your democratic right to comment on development applications in your street … If you care about developers with deep pockets using their money and influence to lobby the State government at your expense ….…then Let Barry O’Farrell and the NSW State government know!
Email your local member and let them know how you feel about your rights being taken away
Email Barry O’Farrell and tell him that the community needs appropriate time and opportunity to comment on the proposals. The State government needs to engage with the community and not just listen to the loudest lobbyists or they risk going out the same way the previous government did.
Sign our Petition - at web: http://betterplanningnetwork.good.do/nsw/petition-state-parliament/
Finally forward this email to everyone you know in NSW. The most powerful tool the NSW State government has at this stage is the lack of awareness of the local community.
The government released the Green Paper with very little fanfare in the lead-up to the local government elections, with submissions closing as the elections were held. It is anticipated that the government will try to release a White Paper with a consultation period over the Christmas and summer holiday period with a view towards mid-term legislation by March. They want to get this legislation passed before you even know it is happening.
If you would like to find out more information we have setup a Better Planning Network website with information on the proposed changes as well as resources and links to policies and upcoming events. Alternately you can follow on Facebook or Twitter for regular updates.
The Better Planning Network is an affiliation of over 70 community groups across NSW. The Better Planning Network was established with the aim of advocating for communities and community rights through the NSW planning review process. By uniting the collective voices of community groups across the state we aim to create a voice powerful enough and loud enough to be heard. It is imperative that the State government realises that the community will not give up their rights without a fight.
16 July 2012 - Greens say concerns over LEP ignored By Glenn Ellard, South Coast Register. SCR link: http://www.southcoastregister.com.au/news/local/news/general/greens-say-concerns-over-lep-ignored/2624367.aspx?storypage=0 (..Excerpts under)
GREENS candidates for the September 8th Shoalhaven City Council election have vowed to listen to the community on the controversial Local Environment Plan, saying public concerns have been largely ignored. Candidates Amanda Findley, Terry Barratt and Justin Field said the 3000 submissions made during the LEP process needed to be re-examined to ensure community views were properly represented in the draft LEP.
...“The community’s had a great opportunity to have a say, but the community comments seem to have been ignored,” said ward two candidate Mr Field. “It is disappointing that the majority of current councillors have failed to listen to the community’s concerns when it came to amending the draft LEP,” Cr Findley added..
..Cr Findley said that period needed to be extended, because there were serious concerns with what the council had put forward. “A raft of inappropriate planning directions show that most of the councillors have little intention of standing up for the community,” she said. “Most of the same councillors aren’t standing again and are leaving behind a terrible legacy.
“The current draft leaves planning so open in the Shoalhaven that in the end the ratepayer will pay the costs of increased challenges via the land and environment court,” Cr Findley said.
Mr Barratt raised particular concerns with plans for major urban growth around Nowra and Bomaderry, inappropriate river foreshore zoning and limited habitat protection.
“The villages around the bay are particularly concerned about the new permitted uses in many of the zones,” Mr Field added. “Families could find tourism and visitor accommodation including hostels as well as sewage treatment and water supply works right next door. It is a recipe for over-development and will ruin the very things that attract residents and visitors to our region.”
Local Environment Plan: Huskisson short-changed in city planning
A letter to all Shoalhaven City Councillors by Alan Burrows on 31 May 2012:
Dear [Shoalhaven City] Councillors,
I seek your review of the future of development and persistence of the coastal charm of Huskisson, as home to 800+ people and a tourism destination of great significance to the Jervis Bay area and the Shoalhaven in particular. The Bay and Basin area is listed as one of the SEVEN areas of tourism significance in the new Tourism Master Plan.
Currently the Draft SLEP2009, confirmed by the Special Development committee, sets the following criteria for building heights:
30% of the residential area of the Village (Huskisson has an area of less than 1 sq Km in total)...designated medium density...has max building heights of 11 meters under Draft SLEP2009
This is despite Council having DCP71 .. medium density .. which sets max heights of 8.5 m
In addition, the area covered by DCP54 has also been changed in that max heights on both sides of Owen Street have been increased by 3 meters
That is .. the bonus additional floor for meeting certain development criteria .. consolidation of blocks .. has been automatically awarded
The City Wide DCP will not have the standing in the Land & Environment Court to contradict the LEP and require developers to meet the criteria currently held in DCP54 … hence the increased height will be automatic for all DA proposals
I note the following from the decision made for Berry - the entire town height mapped to max 8.5m:
Extract from Council Minutes of 15 May 2012:
RECOMMENDATIONS WITHDRAWN AND DEALT WITH SEPARATELY - RECOMMENDATION 3:
RECOMMENDED that Council amend the Height of Buildings map to show a maximum height of buildings of 8.5 metres for the entire Berry urban area.
RESOLVED on a MOTION of Clr Findley, seconded Clr Fergusson, that the recommendation of the Special Development Committee be adopted.
THE RECORD OF VOTING ON THIS MATTER WAS AS FOLLOWS:
The following Councillors voted “Aye”;
Clrs Miller, Fergusson, Bennett, Guile, Soames, Ward, Watson, Young, Findley, Green.
The following Councillors voted “No”;
Clrs Brumerskyj, Proudfoot.
WHY can not the same courtesy be shown to Huskisson and its community...And Map the R1, R2, R3 zones all at 8.5 m
There are other areas allocated for greater densities and controlled under DCP99
There seems to be a contradiction to the new Tourism Master Plan, in that Huskisson will be the gateway to Jervis Bay and yet will in time NOT provide the coastal atmosphere that has been the draw card for more than 100 years.
Councillors, I seek your re-consideration of this issue.
Sincerely, Alan Burrows Huskisson, NSW 2540 on 31 May 2012
2 May, 2012 - LEP move is an affront
South Coast Register - Letters: http://www.southcoastregister.com.au/news/opinion/letters/general/lep-move-is-an-affront/2541624.aspx
The urgency motion by Councillor Greg Watson to delegate local environment plan decisions to a committee is an affront to democracy. The ability for interested community members to engage in the LEP process will be reduced. But worse still, councillors who can’t attend will get away with being able to say they didn’t vote for the LEP changes. The community wants all councillors to vote for the LEP changes at a full meeting so there is no question about who is responsible for the inappropriate planning decisions being made.
J. Field, Manyana.
SCR web comment by Cllr John Fergusson: I couldn't agree more! That's why with the support of Councillors Findlay and Proudfoot I submitted a rescission motion at the end of the (full) Council Meeting on 24th April. That rescission motion is due to be dealt with on Tues 15th May. Hopefully by then the majority of Councillors will have come to recognize that if we are going to allow opportunistic 'spot rezonings', let the applications be dealt with by full Council, rather than buried in a committee process. Posted by John Fergusson, 2/05/2012 1:48:47 PM, on South Coast Register
On 1 May 2012 (am): Alan Burrows was interviewed by Murray Peters on radio 2ST (91.7 FM or 999 AM) on the current state of play on the SLEP.
25 April 2012: [Our Shoalhaven] Campaign is after 10,000 signatures South Coast Register: http://www.southcoastregister.com.au/news/local/news/general/campaign-is-after-10000-signatures/2533116.aspx
The Our Shoalhaven community campaign has launched a campaign to collect 10,000 signatures on a petition supporting a strong community voice in local planning. “The petition is directed at both local council and the state government requesting that the community’s views be considered and reflected in the local environment plan,” said SLEP Review Group convenor Alan Burrows. Mr Burrows said the goal of 10,000 signatures was “important because that is enough to trigger a debate in state parliament on this issue if we are ignored by council. “Petitions are a great way to have a conversation with the local community,” he added.
“We are asking our members and supporters and the general public to download the petition, put it in their local shop or get their neighbours, friends and family to sign it and send it back to the Our Shoalhaven team.” Mr Burrows said the petition’s key request was that councillors read the many public submissions and properly consider the merits of community recommendations.
Community Group says public sidelined from LEP
South Coast Register, 11 April 2012
Link: http://www.southcoastregister.com.au/news/local/news/general/community-group-says-public-sidelined-from-lep/2517380.aspx
Pic: Unhappy: Will Armitage holds out a petition as members of the SLEP Review Group gather to voice their concerns about the LEP process.
MEDIA RELEASE - 10 April 2012
Frustration turns to community action in Shoalhaven planning review
The community group reviewing the draft Shoalhaven Local Environment Plan, has launched a community awareness campaign called ‘Our Shoalhaven’ to raise awareness within the community about what it sees as a failure of Shoalhaven City Council to listen to what the public wants from its new Local Environment Plan.
SLEP Review Group Convenor Alan Burrows said, “We have launched the ‘Our Shoalhaven’ campaign which is about giving the community a real voice in planning decisions in the Shoalhaven. “It is just so frustrating that after months of preparing submissions and attending meetings the community seems to be being ignored by council. We’ve decided to turn that frustration around and reach out to the community with this campaign,” Mr Burrows said.
The Our Shoalhaven website will be an information resource for the community to follow the progress of the LEP through council. The community can sign up to receive our regular email newsletters and follow the campaign on facebook.
Group members feel the Shoalhaven public has been sidelined. “The preferred strategy in some quarters seems less about engaging with us, than in shutting us down,” said Keith Learn from Kangaroo Valley. “We have consulted directly with our communities, we meet and talk regularly. Then we hear from some sources, that our views are unrepresentative, or we are verballed as supposedly anti-development.” “We hope these online tools become a great resource for the community to really see how our councillors are dealing with these important planning issues that impact our future.”
Frances Bray of Culburra Beach is concerned that the majority of councillors are ignoring the purpose of the Shoalhaven Local Environment Plan to provide a vision and strategic land use framework to address the environmental, social and economic challenges that the Shoalhaven Community will face over the next 20 years. Ms Bray said, “It is disturbing that a majority of councillors are shutting down consideration and debate of recommendations from expert staff, government departments and community representatives, contrary to their responsibilities to consider and assess issues on merit. This practice applied in particular to recommendations aimed at enhancing environment protection.”
Our Shoalhaven - ourshoalhaven.com - Petition -97kb - Poster -622kb
Media Contacts:
Alan Burrows: 4441 8855
Frances Bray: 4447 2185
Keith Learn: 4465 1117
4 April 2012: the following Letter to the Editor appeared in the South Coast Register. SCR link: http://www.southcoastregister.com.au/news/opinion/letters/general/why-have-staff-if-you-ignore-them/2511057.aspx
Reading your article (SCR, March 28) makes one wonder why council pays for professional planning staff since the majority of the attending councillors are willing to overthrow their recommendations again and again (only councillors Fergusson and Findlay consistently support community submissions and staff).
In a meeting between three Valley residents, then mayor Greg Watson and head of planning (since retired) Ernie Royston in early 2008, on a matter unrelated to the LEP, we were told by Cr Watson that we should not worry about the LEP because “there is little change for Kangaroo Valley”.
What absolute rubbish this advice was! Rural buildings up to 11 metres high, helipads in the village, loss of important environmental protections, spot rezoning … the list could fill your paper.
I have sat through many of the current round of Special Development Committee meetings and they are not very special at all. Of all the issues highlighted in your article, that of the spot rezonings and subdivisions submitted as part of the draft LEP exhibition process, is the worst. Some lucky residents stand to make windfall profits from subdivision in areas where general manager Russ Pigg advised councillors there was no strategic necessity for same. Why are these ad hoc decisions being made? Why are 33 of them presented by just three major local consultancy firms? Why are these requests not being dealt with under the normal process of notification to neighbours; compliance with the various planning documents including the South Coast Regional Strategy, the Nowra-Bomaderry Structure Plan and others?
Unfortunately, when no answers or explanations are forthcoming the community tends to fill in the answers itself. Perhaps ICAC needs to ask the questions.
Every one of those who made a submission (all 3000 plus) should take heed – your submissions are, generally, being ignored.
B. Woodney, Kangaroo Valley.
28 March 2012: the following article appeared in the South Coast Register: article here - Review group Slams LEP processes
21 March 2012: Railroaded on airports - SCR Letters - South Coast Register link: http://www.southcoastregister.com.au/news/opinion/letters/general/railroaded-on-airports/2495397.aspx Last Thursday [5 March 2012], at council’s special LEP Development Committee Meeting, a small group of Shoalhaven’s councillors treated with disdain the objections of hundreds of residents and the recommendation of council’s planning staff that council “remove ‘air transport facilities’ as a permissible use (with consent) from the land use tables in RU1 and RU2 zones”.
Councillors voted four to two in favour of a motion, put by Councillor Fergusson and seconded by Councillor Proudfoot, for “the inclusion of Air Transport Facilities across the RU1 and RU2 zones in the Shoalhaven LEP”. This now leaves in place the prospect of an airport anywhere considered suitable in these zones. From the gallery, I was appalled to observe how, in the diluted committee meeting environment with only six out of our elected 13 councillors present, the future direction of the Shoalhaven in this matter was determined. The outcome reflected neither the wishes of residents nor the recommendations of our professional council planners, but rather the will of only four councillors. Are residents willing to put up with this “railroading”, in an important LEP process that takes our lifestyle into the next 15 years? J. Burgess, Jaspers Brush.
12 July 2013 - Dear All - report to be considered at the Special Development Committee Meetings on the draft LEP 2013: the Business Papers in 3 parts are available from the following location on the Council website: http://shoalhaven.nsw.gov.au/MyCouncil/Councilmeetings/Agendasandminutes/SpecialDevelopmentCommittee.aspx I recommend that any deputations be given with clear reference to the Item number and location in the Business Paper… and that a copy of the presentation be given to all Councillors immediately after the presentation … otherwise .. they are unlikely to recall the community recommendation when the particular issue is being discussed. Sincerely, Alan Burrows
From: Foley, Marie-Louise [foleyML@shoalhaven.nsw.gov.au] Sent: Friday, 12 July 2013 5:15 PM
Subject: Draft SLEP 2013 - Report to Special Development Committee
Dear Sir/Madam, please be advised that the report to be considered at the Special Development Committee Meetings on the draft LEP 2013 is now available at: http://shoalhaven.nsw.gov.au/MyCouncil/Councilmeetings/Agendasandminutes/SpecialDevelopmentCommittee.aspx Should you have any queries, please do not hesitate to contact me. Regards, Marie-Louise, Marie-Louise Foley, Senior Strategic Planner, Shoalhaven City Council
Shoalhaven City Council SLEP2013 page: http://slep2013.shoalhaven.nsw.gov.au/#&slider1=1
Latest updates page: http://slep2013.shoalhaven.nsw.gov.au/content/latest-draft-shoalhaven-lep-updates
Order of Reporting Timetable - Special Develt Committee during July 2013 -235kb click here (Wed 24 July - Height of Buildings, Mon 29 July - Huskisson specific issues)
Requests to make a deputation to the SDC meetings - call Executive Support on (02) 4429 3264 before 5pm on Monday 15 July 2013.
By Mon 15th July 2013 (for Wed 17th July) - deadline for requests for deputation to the SCC Special Develt Committee. All deputations will be received on the same day (Wed 17 July 2013). As noted below, Council consideration of public comment on the final draft SLEP 2013 are as follows: 4.00- 7.00 pm on - 17 and 18 July ; 24 and 26 July ; 29 and 31 July 2013 - Open to the public - Council Committee has delegated authority - various dates for various parts of the city. Here is a link to the SCC advice -340kb to the community on 5 July 2013. The Special Development Committee report be considered strictly in the order in which it is set out in the business paper to enable an indicative timetable to be made available to interested community members. (Mon 29 July - Huskisson specific issues. Wed 24 July - Height of Buildings).
NSW Planning White Paper - Flow Chart summary pdf by NSW DoP&I - May 2013 -825kb -summarizes scheduling and public feedback mechanisms.
5 July 2013 - EDO NSW Welcomes COMMONWEALTH FUNDING Boost
We are delighted to let you know that EDO NSW has received a significant increase in the annual financial support we receive from the Australian Government.
Federal Attorney-General Mark Dreyfus QC announced on Wednesday that we will receive an additional $300,000 a year in Commonwealth support, compared with around $100,000 a year previously.
In combination with the support we have received from the community, this increased funding will help augment our extensive rural and regional outreach program that provides high-quality planning and environmental law information and support across the state.
We are extremely grateful that the Attorney-General and the Australian Government have listened to the community and recognised the valuable work that we do to protect the environment under law and ensure informed community participation in planning and environmental decision making processes.
The increased Commonwealth funding and the four-year commitment announced by the Attorney-General would help to ensure EDO NSW's services are provided to the community through to its 30th anniversary in 2015 and beyond.
Yours faithfully, Jeff Smith, Executive Director
Address: Level 5, 263 Clarence St, Sydney NSW 2000 Phone: 02 9262 6989 Email: edonsw@edonsw.org.au Website: edonsw.org.au
21 June 2013 - White Paper - Lesley Sanders - HBVA [submissions close - 28 June 2013]
I was hoping you would send out the document attached through your network regarding a submission for the White Paper. I would like as many as possible to read the document and hopefully support my suggestion:
"..the White Paper should stipulate that an accredited private certifier must reside or maintain his/her business in the local government area where they are appointed to approve development. If there is no accredited private certifier in the local government area, the local council defaults as the building certifier."
Thanks, Lesley Sanders, HBVA
7 June 2013 - Dear Better Planning Network members
PLEASE FORWARD THIS EMAIL TO YOUR GROUP MEMBERSHIP
We are delighted to announce the release of the BPN White Paper and Planning Bills Key Issues and Submission Guide -700kb. In doing so, we would like to thank the more than 30 individuals, many of them professionals in their fields, who contributed to this document.
The aim of this document is to provide guidance for individual and group submissions on the NSW Government’s White Paper and Planning Bills
It is of utmost importance that all of you, as individuals and groups, make a submission and encourage others to do so as well. Your submission does not have to be long - a one page letter with bullet points is sufficient.
The closing date to make a submission on the White Paper and Planning Bills is - Friday 28 June 2013. To make a submission:
· Upload your submission or use the online feedback tool on the Have Your Say website: www.engage.haveyoursay.nsw.gov.au/newplanningsystem
· Post your submission to: New Planning System, NSW Department of Planning and Infrastructure, GPO Box 39, Sydney NSW 2011
It is better to use on your own words and experience to make a submission. But if you prefer, you can use any of the points provided in this document as a basis for your submission.
Thank you for your support and happy submission writing!
Kind regards, Corinne Fisher, Better Planning Network, Ph: 0421 831 889
- http://betterplanningnetwork.good.do/ - betterplanningnetwork@gmail.com - http://www.facebook.com/BetterPlanningNetwork/ - http://twitter.com/bettplannetwork
12 June 2013 - EDO NSW have advised, no NSW Legal Aid will be available for environmental cases from 1 July 2013.
Dear NSW citizen,
from 1 July this year, Legal Aid will no longer be available for environmental cases.
That’s the Legal Aid that has provided financial support for community groups to take public interest cases for the environment for a quarter of a century. The same Legal Aid that helped to save our forests through iconic legal cases in the 1990s. The same Legal Aid that has enabled us to take on landmark cases like the Walker case, the first case in Australia to consider the impacts of climate change on a proposed development.
And it’s the same Legal Aid that has enabled us to hold Government Ministers to account and expose conflicts of interest, as the Huntlee development case showed. Legal Aid has been a long standing part of the landscape for over 27 years. And it has now been scrapped. After so much financial uncertainty these past months there is one thing I do know - with your help EDO NSW can continue to fight for access to justice. Since 1 July is just a few short weeks away we must act now. To make sure that we can continue to take on the cases that matter to the community and the environment, we’re expanding our Environmental Defence Fund to help fill the gap that will be left from the loss of Legal Aid. Will you please join me in our quest to protect our environment?
Will you send your most generous gift today -link to donate so we can replenish our own Environmental Defence Fund? Donations over $2 are tax deductible. We urgently need a minimum of $75,000 to allow us to run the next landmark Warkworth or Catherine Hill Bay cases and protect the environment. $75,000 will allow us to support five critical public interest cases in the coming year – five cases that will ensure environmental justice is served. Tax deductible. Receipt provided by email.
I know you care – you would not have contacted us in the past if you didn’t. Please support the Environmental Defence Fund by clicking here today, and send this email to your friends, colleagues and neighbours. We must be ready to protect our fragile environment.
Yours faithfully,
Jeff Smith
Executive Director
P.S. Thank you for whatever you can do for us – and remember EDO NSW’s litigation work has been the hallmark of some of the most important environmental law changes these past 27 years – we cannot let justice be silenced.
Address: Level 5, 263 Clarence St, Sydney NSW 2000 Phone: 02 9262 6989 Email: edonsw@edonsw.org.au Website: edonsw.org.au
27 May 2013: Advice from Marie-Louise Foley, Shoalhaven City Council (Strategic Planning). The dates for Council consideration of public comment on the final draft SLEP 2013 are as follows: 4.00- 7.00 pm on: 17 and 18 July ; 24 and 26 July ; 29 and 31 July 2013 - Open to the public - Council Committee has delegated authority - various dates for various parts of the city.
The Department of Planning and Infrastructure (Dop&I) Wollongong has just confirmed the arrangements for the Planning Review Workshop (Shoalhaven)
as follows: 14th June 2013, i.e. same date. 2.00- 4.00 pm. i.e. earlier and increased time. Location. SCC Reception Room, Shoalhaven City Council.
Please reply to Frances Bray directly ...francesbray@bigpond.com , if you are attending, to enable confirmation of numbers. I urge you all to attend to hear from Brett Whitworth the Department’s (NSW Dop&I) views of the White Paper and draft Bill and to express your views. My understanding is that fundamental changes are proposed, such that all the concerns that the Review Group has advocated re the SLEP would be overtaken by the priority accorded to growth, the loss of important environment and heritage protections and the reduction in community involvement in decision-making.
The BIGGEST PLAN of all is coming soon! The Shoalhaven Local Environment Plan will mean major changes, including:
• Developments in residential areas of Huskisson up to 11 metres (or 3 storeys)
• Many different allowable land uses in different zones throughout Huskisson & Woollamia
• Building heights in the Huskisson CBD up to 16 metres (currently 11 or 13 metres)
Friday 14th June 2013 - Planning White Paper and Bill - Workshop - 2.00-4.00 pm - Shoalhaven City Council Reception Room, Bridge St, Nowra
Please RSVP to Frances Bray asap - if you don't have Frances' email, then send to HWCV and we will forward.
Brett Whitworth Regional Director South Coast Department of Planning and Infrastructure has offered to conduct another workshop in Nowra regarding the Planning White Paper and Bill on public exhibition until the 28th June 2013.
Date 14th June 2013. Time 2.00-4.00pm. Location - Shoalhaven City Council reception room adjacent to the Council chamber. Bridge St Nowra.
The proposed changes represent a radical departure to the current system. The workshop will provide an opportunity to clarify issues and express your concerns and assist in preparing your submission.
You will recall that Brett’s previous presentation was very helpful in relating the changes to South Coast issues.
Please let me know if you wish to attend so I can advise re numbers.
Frances Bray
9 May 2013 - NSW Planning White Paper Submission Guide Now Available
Dear friends,
The Government claims that its new planning system will "protect the environment and enhance people's way of life". However, under the proposed changes to the NSW planning system set out in the planning White Paper and draft Planning Bill:
- 80% of all development in NSW will be assessed as complying or code development, with no community consultation and no merit assessment
- Decision makers will no longer be required to exercise their powers in accordance with the principles of ecologically sustainable development
- Important environment protection zones will be removed, placing natural areas at risk
- Developers will have new rights of review for rezoning applications, and will be able to apply for strategic compatibility certificates from the Director General to override existing local planning provisions
- The Minister will have the power to override strategic planning processes and make planning controls without consultation with the community
- There will be reduced accountability for decision makers – including restrictions on appeal rights
The White Paper and Exposure Bill are open for public comment until 28 June 2013. We have prepared a White Paper Submission Guide to help you understand the changes and prepare your own submission on the White Paper. You can download a copy of White Paper Submission Guide, and other useful material, from our website: http://www.nccnsw.org.au/campaigns/planning
TAKE ACTION TODAY. This is an essential time to speak up for a planning system that protects the environment and our communities:
- Make a submission in response to the White Paper and draft Planning Bill before 28 June 2013
- Send a copy of your submission, together with a cover letter, to your local MP. Better still, request a meeting to discuss your key concerns.
- Spread the word – put a notice on your Facebook page, an article in your newsletter or hold a short briefing at your next meeting. Send a media release to your local media. NCC can help you to spread the word – simply contact us on (02) 9516 1488 or policy@nccnsw.org.au
You can download a copy of the White Paper and draft Planning Bill from the Department’s website: www.planning.nsw.gov.au/newplanningsystem
You can also register to attend one of the Department's community consultation sessions and find out how you can have your say by visiting: www.engage.haveyoursay.nsw.gov.au/newplanningsystem
Best wishes, Pepe Clarke, Chief Executive Officer, Nature Conservation Council of NSW
Key Issue Summary - Maximum Building Heights in the SLEP 2009 Key Issue Summary - Environment and Natural Resource Issues in SLEP 2009.
Huskisson draft Zones Map. A list of Huskisson SLEP 2009 issues has been compiled by Alan Burrows - this list has wider application to many parts of Shoalhaven City, and is a useful starting point for CCB responses. See Steve Murphy’s personal website on draft R3 Medium Density zones (with special reference to Huskisson) here: sites.google.com/site/huskissonr3zones Info on Huskisson ‘Airport’ -1.3MB (i.e. cleared runways in pine forest west of Huskisson).
3 April 2013 - from: Alan Burrows, Convenor, SLEP Review Group
Dear All,
the Exhibition of the Draft SLEP2013 commences today 3 April 2013 …NOTE the new web address for the Maps …this link works: http://slep2013.shoalhaven.nsw.gov.au/#&slider1=1 With very limited time I can only suggest you focus on the key issues … as proposed in the Review Group’s last “Paper” … then get the maximum number from your local community to write a simple and pointed submission. There is only one opportunity to redress the BAD Planning incorporated in the Draft and that is to force “high concern” issues out of the Draft and deferred for a fuller scrutiny at a later date.
Remember we now have a Community Engagement Policy … we need to force Council to use the Policy to resolve high concern community issues within the Draft SLEP 2013.
Please let me know if you need more information.
Regards, Alan Burrows, Convenor, SLEP Review Group
3 April 2013 - from: Marie-Louise Foley - Shoalhaven City Council, Strategic Planning
Dear Sir/Madam,
Re-exhibition of the Draft Shoalhaven Local Environmental Plan 2009 - 2013
Thank you for your interest in the draft Shoalhaven Local Environmental Plan (LEP) 2013. You are receiving this correspondence as you either made a submission to the original exhibition or you have requested to receive updates as the draft LEP progresses.
The draft Shoalhaven LEP 2013 will be on public exhibition from Wednesday 3 April - Friday 10 May 2013 (inclusive) between 9am and 5pm at the City Administrative Centre, Bridge Road, Nowra. This is the second exhibition of the draft LEP which has been amended following the first exhibition. It applies to all land within the Shoalhaven Local Government Area (LGA) and will ultimately replace the current Shoalhaven LEP 1985.
Viewing Locations
The draft LEP and supporting information will also be available for viewing online at: http://slep2013.shoalhaven.nsw.gov.au/#&slider1=1 and at a number of different locations throughout the City including:
· Nowra Library – 10 Berry Street, Nowra
· Bay and Basin Leisure Centre – 167A The Wool Road, Vincentia
· Sanctuary Point Library – 34 Paradise Beach Road, Sanctuary Point
· Ulladulla Administration Building – 14 Deering Street, Ulladulla
· Ulladulla Library – 81B Princes Highway, Ulladulla
Drop-in Sessions
Council will also be hosting public ‘drop-in sessions’ to enable the community to view the draft LEP, speak with Council staff and make submissions. The date and location for the ‘drop-in sessions’ are detailed below, all at 4:00pm - 6:00pm:
- Huskisson Community Centre - Monday 15 April 2013
- Sussex Inlet Community Centre - Tuesday 16 April 2013
- Ulladulla Dunn Lewis Centre - Wednesday 17 April 2013
- Pyree Hall - Thursday 18 April 2013
- Council Reception Room, Nowra Administration Building - Monday 22 April 2013
- Berry School of Arts - Wednesday 24 April 2013
How to make a submission?
Written comments on the draft LEP are invited and should be made in writing before 5pm on Friday 10 May 2013. Submissions can be made in the following ways:
Online at: http://slep2013.shoalhaven.nsw.gov.au/#&slider1=1 or by email to: SLEP2013@shoalhaven.nsw.gov.au, or post to: SLEP 2013 Submission
Shoalhaven City Council, PO Box 42 Nowra NSW 2541
Please note that correspondence submitted to Council on this matter may be open for public inspection without notifying the correspondent. Pre-printed form letters, which have been individually signed, will be considered but not formally acknowledged.
Submissions may become public documents and may be viewed by other persons on request. All persons who lodge a submission are required to declare any relevant political donations and/or gifts in accordance with Section 147(5) of the Environmental Planning and Assessment Action 1979.
What happens next?
Following the exhibition period, Council’s Strategic Planning and Infrastructure Group reviews all submissions and reports these to Council. Once Council has considered the submissions, the draft LEP is adopted and submitted to the Department of Planning & Infrastructure for finalisation and commencement. Any enquiries regarding the draft LEP can be directed to our LEP project team on (02) 4429 5377 or via email to SLEP2013@shoalhaven.nsw.gov.au, quoting file number 33363E.
Yours faithfully, Marie-Louise Foley, Senior Strategic Planner, Shoalhaven City Council. Tel: 02 4429 3559 Fax: 02 4429 3168 Email: FoleyML@shoalhaven.nsw.gov.au Web: http://shoalhaven.nsw.gov.au
Shoalhaven LEP - review commencing in 2009 - still going in 2013 - Combined CCBs Review Group
The SLEP 2009 Review Group was established in September 2009 as a resource to review the detail of the Draft SLEP 2009. Its members consist of people from the majority of Shoalhaven Community Consultative Bodies, environmental and community groups. The detail contained in the following submission is the considered opinion of all the member groups. The Review Group has provided Shoalhaven City Council with submissions on all aspects of the Draft SLEP2009, however believe that it is important that you receive a concise record for the research and observations carried out by representatives of our member organisations. We intend to submit a separate submission on each key issue within the Draft SLEP 2009. Sincerely, Alan J Burrows, for and on behalf of: SLEP 2009 Review Group
SLEP 2009 Review Group - member organisations: (new members are very welcome)
Huskisson Woollamia Community Voice; Basin Villages Forum; Red Head Villages Association; Ulladulla and Districts Community Forum; Hyams Beach Villagers Association; Vincentia Ratepayers and Residents Association; Lake Wollumboola Protection Association; Kangaroo Valley Community Association; Berry Alliance; Currarong Progress Association; Friends of 2538; Bawley Point-Kioloa Community Association; Tomerong Forum; Lake Conjola Lakecare Assoc; Budgong Community Group; Shoalhaven Branch of the Australian Conservation Foundation.
Our Shoalhaven: "A community voice for Shoalhaven's future" Web: www.ourshoalhaven.com
Our Shoalhaven is an initiative of the Shoalhaven Local Environment Plan 2009 (SLEP2009) Review Group. The review group is a collection of Community Consultative Bodies and Environment Groups that worked together to put forward a detailed submission to Shoalhaven Council in 2011 to alter the draft LEP to better reflect the wishes and needs of the community. Frustrated that council seemed to be ignoring many of the community submissions, Our Shoalhaven was started in April 2012 to give the Shoalhaven community a resource and forum to learn more about planning in the Shoalhaven and to encourage residents and visitors to engage in planning decisions that affect the future of our region. Vision: Our Shoalhaven has a vision of genuine community involvement in planning decisions in the Shoalhaven. The economic future of the Shoalhaven is intimately tied with protecting and enhancing its environmental values.
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18 February 2013 - Shoalhaven City Council - Development Committee (the staff report is copied below)
SLEP Review Group delegation (Will Armitage):
1. Introduction of the SLEP2009 Review Group … representing 15-20,000 Shoalhaven residents through 16 CCB’s, 2 community and 7 environmental groups
a. I speak on behalf of the SLEP Review Group a coalition of 25 Shoalhaven community groups. We have been working since 2009 to encourage community members to engage with Shoalhaven City Council in the development of the SLEP. Our membership includes 16 Community Consultative Bodies as well as 9 other Shoalhaven community and environment groups.
b. During the last Exhibition the Review Group sent a 150 page submission to the Minister for Planning and Infrastructure. His deliberation was delivered to Council on 4 Dec 2012
c. We have been encouraged that the Minister has seen fit to address a number of State significant issues while advising the community to work cooperatively with Council to resolve the remaining local issues
d. We are greatly heartened by the decision of Mayor Gash to arrange a separate session where Councillors, Review Group members including all Shoalhaven CCB’s and Staff would have the opportunity to discuss outstanding issues of the SLEP2013.
2. We have reflected on tonight’s Agenda and support Option 1a) to accept the DoP Section 65 Certificate and proceed to public exhibition of the draft plan. We are concerned about the implication of certain recommendations in Option 1b) which are an apparent deviation from the Ministers decision about a number of environmentally sensitive areas within the Shoalhaven, specifically Changes 1,2,3&8. The Minister’s letter makes clear that in these cases, the focus of the SLEP should be on evidence and strategic merit, in accordance with adopted State policies and Strategic Plans rather than on individual development proposals.”
3. While we appreciate that it is time for the LEP to be finalised, in line with the Minister’s requirement, we look forward to the opportunity to discuss in detail the key issues that have been raised by communities across the Shoalhaven,
a. By way of example and by no means limited to these, the following provide an outline of our concerns. We are advised by staff that according to the HOB Fact Sheet included in the last Exhibition, the HOB for all residential zones, R1, R3 and R5 have been set at 11 meters, while the City Wide DCP will ensure that height controls set in DCP71 (medium density) will be achieved “as either storeys or three dimensional building envelopes.” DCP71 currently sets building heights at 2 storeys or 8.5 meters for medium density zones. A recent DA for Hawke Street in Huskisson is for an 11 meter development of 3 storeys with an entertainment platform above. We find it difficult to equate a commitment to existing DCP controls and the release for submissions of a DA for 11 meters.
b. There are issues of inappropriate land use in Rural zones, raised by the Review Group in its combined submission and many CCB’s and residents from across the Shoalhaven. Many of these concerns were supported by Staff for example:
i. Recommendations 4 & 7 .. for RU1 And RU2 rural zones Backpackers’ accommodation, • Boat repair facilities • Crematorium • Depots • Group homes • Hazardous industries • Offensive industries • Places of public worship • Recreation facilities (indoor) … and Caravan Parks
c. Reductions in environmental protections compared to the current LEP and strategic plans such as removal of Biodiversity overlay mapping contrary to the public’s right to know regarding environmental constraints on particular sites and application of the Tree Clause which does not provide the same range of protection that currently exists under Council’s Tree Policy and Preservation Order. These were also issues supported by Staff.
d. The Aims of the LEP have been substantially diluted from the version proposed by Staff and supported by the community; to the point that they no longer ensure the protection of the Shoalhaven as an amalgam of amazing coastal and rural villages and towns, whose centre will be a thriving Nowra, all dependent on Tourism.
4. We are keen to engage in “in good faith” dialogue with Council to resolve significant local issues to achieve a Shoalhaven Local Environment Plan that would have the support of the community, whilst at the same time enabling Council to meet its mid-year deadline.
We ask that Council accepts the changes requested by the Minister and proceeds with the issues of concern to the community, which are Council’s responsibility to decide.
Development Committee - Agenda item 2 on 18 February 2013: ..Staff Report ..page 12
2. Draft Shoalhaven Local Environmental Plan 2013 - Section 65 Certificate File 33363E
Purpose: Delivery Program Activity: 2.1.3.2
To inform the Councillors of the receipt of a Section 65 (s65) Certificate to enable the re-exhibition of the draft Shoalhaven Local Environmental Plan (SLEP) 2013 and of the conditions that form part of that certificate.
RECOMMENDED that Council:
a) Accept the conditional s65 certificate and proceed to re-exhibition of the draft SLEP 2013 on the basis that Council may formally request deferral of certain parts of the draft LEP when submitting the draft plan to the Department of Planning and Infrastructure for finalisation or may immediately undertake Planning Proposal(s) on commencement of the Draft SLEP 2013.
b) Consider the individual preferred options as set out the body of the report via the successive recommendations.
OPTIONS:
1. a) Accept the conditional s65 certificate and proceed to re-exhibition of the draft SLEP 2013 on the basis that Council may formally request deferral of certain parts of the draft LEP when submitting the draft plan to the Department of Planning and Infrastructure (DP&I) for finalisation or may immediately undertake Planning Proposal(s) on commencement of the Draft SLEP 2013.
b) Consider the individual preferred options as set out the body of the report via the successive recommendations.
This option is preferred as it will give the community the opportunity to view and comment on the changes made to the draft LEP post the 2011 exhibition. It will also ensure that this important project is progressing in a timely fashion and is on track to meet the mid year time frame indicated by the DP&I. It also flags the possibility of deferring certain parts of the draft LEP where Council still wishes to pursue some of those changes made post exhibition but not supported by the DP&I or to immediately undertake a Planning Proposal to deal with these issues once the LEP has commenced.
2. Not accept the conditional s65 certificate and initiate discussions with the DP&I regarding those conditions that are considered to be unacceptable.
This option is not recommended as it would indefinitely delay the re-exhibition of the draft LEP and the opportunity for the community to comment on the post exhibition changes to the LEP. It is also unlikely that the DP&I would vary the conditions of the certificate at this stage of the process. The DP&I has agreed that any issues of concern
4 February 2013 - NSW Coastal Conference in November 2012 - Report by Frances Bray
Please find attached my report to the Southern Rivers Catchment Management Authority regarding my observations of the issues presented at the NSW Coastal Conference in November 2012. Also attached is a Media Release from the Australian Coastal Society regarding the NSW Government’s changes to the Coastal Protection Act. Both the CMA and Kiama Council funded my participation and in exchange I undertook to provide my report to community groups of which I am a member. So here it is. I trust you find it of interest, particularly commentary on how the Government is approaching planning and development issues in relation to the coastal zone and coastal communities. I am happy to respond to enquiries regarding the issues. Cheers, Frances Bray
21 December 2012 - The [LEP] fight is not over yet, says review committee head
South Coast Register: http://www.southcoastregister.com.au/story/1200067/the-fight-is-not-over-yet-says-review-committee-head/?cs=203 The convenor of the alliance of community groups that were critical of the LEP called the Planning Minister’s response “a good start”. Alan Burrows headed up representatives from 26 community and environmental groups who joined together as the Shoalhaven LEP 2009 Review Group. Although he was happy with the minister’s position, he said there were still a number of issues the community would like to see addressed.
“These include improper uses of land in rural areas, that would sterilise their use for future farming, and the heights of buildings,” he said. “We’re not finished yet.” He warned that in the next exhibition stage, Shoalhaven mayor Joanna Gash would find out how keen the community was to see it resolved. He added that people were wary of Mrs Gash following a change of heart over a development application in Huskisson.
“But hopefully we’ll see better community consultation [over this],” he said. “The community is not going away quietly.”
6 December 2012
Dear resident,
Who would you turn to if the unthinkable were to threaten the precious environment you care so deeply for; if a monstrous development or a polluting coalmine was pushing forwards in your area? Who would you go to for legal support, advice and representation?
The answer seems simple: EDO NSW. However, we have been faced with a difficult situation – one that threatens our very ability to continue achieving positive environmental outcomes for the community. And in this instance, it is EDO NSW which dearly needs your support.
You see, EDO NSW has been met with significant funding cutbacks. What do these cutbacks mean for us, and for you?
If EDO NSW is unable to raise enough funds to make up for the shortfall, our service capacity will be severely reduced. As fewer members of the community have access to our slashed service, more and more developments which seriously undermine the health and integrity of our natural environment and cultural heritage will go unchallenged. If, like me, you are deeply opposed to this frightening prospect, please show your solidarity and make a practical commitment to ensuring we can continue to empower the community to keep our fragile environment and heritage safe.
Please donate online today. Your gift of $35, $75 or if at all possible $2,500 will immediately be put into action protecting our environment and heritage, through the provision of free legal support to the community.
Jackie French, the acclaimed children’s author, wrote:
"The EDO is the only protection for communities, farmers; all who love wombats and other wildlife, who treasure our environment and long to keep it safe.
Without the EDO’s experience and knowledge – and the determination and will to make sure that the environmental laws of NSW are kept – we will be helpless to protect the lands we love, that are part of our hearts or our livelihood.”
I strongly urge you to show your support and help ensure the continuation of EDO NSW’s vital community service.
Yours faithfully,
Jeff Smith
Executive Director
Address: Level 5, 263 Clarence St, Sydney NSW 2000 Phone: 02 9262 6989
Email: edonsw@edonsw.org.au Website: edonsw.org.au
Public interest fighters launch campaign as funds slashed
30 October 2012 - By: Ben Cubby, Environment Editor, Sydney Morning Herald: http://www.smh.com.au/nsw/public-interest-fighters-launch-campaign-as-funds-slashed-20121029-28fqp.html [Image at link] Environmental Defender's Office...an EDO case in 2009 resulted in a housing development in Catherine Hill Bay being overturned.
The [NSW] Environmental Defender's Office of NSW [EDO NSW], which has represented the public interest in court cases for 25 years, is on the brink of closure after the state government slashed funding and accused it of helping socialists.
The group took the unprecedented step of writing to thousands of its supporters around NSW last night asking them to campaign against the cuts. Its annual funding of $1.7 million from the Law Society's Public Purpose Fund has been cut, and reduced funding allowed only until March. ''I would describe our future at the moment as incredibly dire,'' said the office's executive director, Jeff Smith, who said the office's 25 staff would have to be reduced to just three if funding wasn't restored.
The agency runs community legal workshops, a free legal advice hotline, does policy work and represents the public in environmental law cases. The office has achieved major wins on behalf of community groups….
From: Better Planning Network Email: betterplanningnetwork@gmail.com Web: http://betterplanningnetwork.good.do/nsw/email-the-premier-2/
Sent: Saturday 27 October 2012
Dear NSW Resident,
In March 2011, prior to the NSW State election, Barry O’Farrell made a Contract with NSW. In this contract he promised to:
· Return planning powers to the community
· Delete Part 3A and rewrite the Planning Act to give communities a say again
Furthermore in their 2011 planning policy document the NSW Liberals and Nationals stated: “The NSW Liberals and Nationals are committed to returning local planning powers to local communities through their councils.”
It is clear that of these promises, the only one Barry O’Farrell plans to keep is to re-write the planning act. Sadly indications are that the planned re-write of the planning system will do just the opposite of what was promised- taking power away from the local community and empowering developers instead.
In July this year the NSW State government released a Green Paper that outlined their proposed reforms to the Planning Act. Some of the key changes included:
· Reducing the rights of the community to comment on development proposals in their community
· Reducing the power for local councils to assess and approve development applications
· Expanded “Fast-tracking” of developments for fast approvals without any neighbour notification or consultation
· Removing NSW State Environmental Planning Policies that provide statutory protection for our environment
· Establishing Enterprise Zones where development would be subject to only limited controls over areas that could be as large as a local government area
The O’Farrell government is proving no better than the previous Labor government when it comes to listening to the community on planning reform. They are making the same mistakes, favouring developer groups at the expense of the community. The Independent Commission Against Corruption (ICAC) has already raised concerns and these reforms will represent a huge step back in community rights.
What Can You Do?
If you care about your local community and how it is developed … If you care about your democratic right to comment on development applications in your street … If you care about developers with deep pockets using their money and influence to lobby the State government at your expense ….…then Let Barry O’Farrell and the NSW State government know!
Email your local member and let them know how you feel about your rights being taken away
Email Barry O’Farrell and tell him that the community needs appropriate time and opportunity to comment on the proposals. The State government needs to engage with the community and not just listen to the loudest lobbyists or they risk going out the same way the previous government did.
Sign our Petition - at web: http://betterplanningnetwork.good.do/nsw/petition-state-parliament/
Finally forward this email to everyone you know in NSW. The most powerful tool the NSW State government has at this stage is the lack of awareness of the local community.
The government released the Green Paper with very little fanfare in the lead-up to the local government elections, with submissions closing as the elections were held. It is anticipated that the government will try to release a White Paper with a consultation period over the Christmas and summer holiday period with a view towards mid-term legislation by March. They want to get this legislation passed before you even know it is happening.
If you would like to find out more information we have setup a Better Planning Network website with information on the proposed changes as well as resources and links to policies and upcoming events. Alternately you can follow on Facebook or Twitter for regular updates.
The Better Planning Network is an affiliation of over 70 community groups across NSW. The Better Planning Network was established with the aim of advocating for communities and community rights through the NSW planning review process. By uniting the collective voices of community groups across the state we aim to create a voice powerful enough and loud enough to be heard. It is imperative that the State government realises that the community will not give up their rights without a fight.
16 July 2012 - Greens say concerns over LEP ignored By Glenn Ellard, South Coast Register. SCR link: http://www.southcoastregister.com.au/news/local/news/general/greens-say-concerns-over-lep-ignored/2624367.aspx?storypage=0 (..Excerpts under)
GREENS candidates for the September 8th Shoalhaven City Council election have vowed to listen to the community on the controversial Local Environment Plan, saying public concerns have been largely ignored. Candidates Amanda Findley, Terry Barratt and Justin Field said the 3000 submissions made during the LEP process needed to be re-examined to ensure community views were properly represented in the draft LEP.
...“The community’s had a great opportunity to have a say, but the community comments seem to have been ignored,” said ward two candidate Mr Field. “It is disappointing that the majority of current councillors have failed to listen to the community’s concerns when it came to amending the draft LEP,” Cr Findley added..
..Cr Findley said that period needed to be extended, because there were serious concerns with what the council had put forward. “A raft of inappropriate planning directions show that most of the councillors have little intention of standing up for the community,” she said. “Most of the same councillors aren’t standing again and are leaving behind a terrible legacy.
“The current draft leaves planning so open in the Shoalhaven that in the end the ratepayer will pay the costs of increased challenges via the land and environment court,” Cr Findley said.
Mr Barratt raised particular concerns with plans for major urban growth around Nowra and Bomaderry, inappropriate river foreshore zoning and limited habitat protection.
“The villages around the bay are particularly concerned about the new permitted uses in many of the zones,” Mr Field added. “Families could find tourism and visitor accommodation including hostels as well as sewage treatment and water supply works right next door. It is a recipe for over-development and will ruin the very things that attract residents and visitors to our region.”
Local Environment Plan: Huskisson short-changed in city planning
A letter to all Shoalhaven City Councillors by Alan Burrows on 31 May 2012:
Dear [Shoalhaven City] Councillors,
I seek your review of the future of development and persistence of the coastal charm of Huskisson, as home to 800+ people and a tourism destination of great significance to the Jervis Bay area and the Shoalhaven in particular. The Bay and Basin area is listed as one of the SEVEN areas of tourism significance in the new Tourism Master Plan.
Currently the Draft SLEP2009, confirmed by the Special Development committee, sets the following criteria for building heights:
30% of the residential area of the Village (Huskisson has an area of less than 1 sq Km in total)...designated medium density...has max building heights of 11 meters under Draft SLEP2009
This is despite Council having DCP71 .. medium density .. which sets max heights of 8.5 m
In addition, the area covered by DCP54 has also been changed in that max heights on both sides of Owen Street have been increased by 3 meters
That is .. the bonus additional floor for meeting certain development criteria .. consolidation of blocks .. has been automatically awarded
The City Wide DCP will not have the standing in the Land & Environment Court to contradict the LEP and require developers to meet the criteria currently held in DCP54 … hence the increased height will be automatic for all DA proposals
I note the following from the decision made for Berry - the entire town height mapped to max 8.5m:
Extract from Council Minutes of 15 May 2012:
RECOMMENDATIONS WITHDRAWN AND DEALT WITH SEPARATELY - RECOMMENDATION 3:
RECOMMENDED that Council amend the Height of Buildings map to show a maximum height of buildings of 8.5 metres for the entire Berry urban area.
RESOLVED on a MOTION of Clr Findley, seconded Clr Fergusson, that the recommendation of the Special Development Committee be adopted.
THE RECORD OF VOTING ON THIS MATTER WAS AS FOLLOWS:
The following Councillors voted “Aye”;
Clrs Miller, Fergusson, Bennett, Guile, Soames, Ward, Watson, Young, Findley, Green.
The following Councillors voted “No”;
Clrs Brumerskyj, Proudfoot.
WHY can not the same courtesy be shown to Huskisson and its community...And Map the R1, R2, R3 zones all at 8.5 m
There are other areas allocated for greater densities and controlled under DCP99
There seems to be a contradiction to the new Tourism Master Plan, in that Huskisson will be the gateway to Jervis Bay and yet will in time NOT provide the coastal atmosphere that has been the draw card for more than 100 years.
Councillors, I seek your re-consideration of this issue.
Sincerely, Alan Burrows Huskisson, NSW 2540 on 31 May 2012
2 May, 2012 - LEP move is an affront
South Coast Register - Letters: http://www.southcoastregister.com.au/news/opinion/letters/general/lep-move-is-an-affront/2541624.aspx
The urgency motion by Councillor Greg Watson to delegate local environment plan decisions to a committee is an affront to democracy. The ability for interested community members to engage in the LEP process will be reduced. But worse still, councillors who can’t attend will get away with being able to say they didn’t vote for the LEP changes. The community wants all councillors to vote for the LEP changes at a full meeting so there is no question about who is responsible for the inappropriate planning decisions being made.
J. Field, Manyana.
SCR web comment by Cllr John Fergusson: I couldn't agree more! That's why with the support of Councillors Findlay and Proudfoot I submitted a rescission motion at the end of the (full) Council Meeting on 24th April. That rescission motion is due to be dealt with on Tues 15th May. Hopefully by then the majority of Councillors will have come to recognize that if we are going to allow opportunistic 'spot rezonings', let the applications be dealt with by full Council, rather than buried in a committee process. Posted by John Fergusson, 2/05/2012 1:48:47 PM, on South Coast Register
On 1 May 2012 (am): Alan Burrows was interviewed by Murray Peters on radio 2ST (91.7 FM or 999 AM) on the current state of play on the SLEP.
25 April 2012: [Our Shoalhaven] Campaign is after 10,000 signatures South Coast Register: http://www.southcoastregister.com.au/news/local/news/general/campaign-is-after-10000-signatures/2533116.aspx
The Our Shoalhaven community campaign has launched a campaign to collect 10,000 signatures on a petition supporting a strong community voice in local planning. “The petition is directed at both local council and the state government requesting that the community’s views be considered and reflected in the local environment plan,” said SLEP Review Group convenor Alan Burrows. Mr Burrows said the goal of 10,000 signatures was “important because that is enough to trigger a debate in state parliament on this issue if we are ignored by council. “Petitions are a great way to have a conversation with the local community,” he added.
“We are asking our members and supporters and the general public to download the petition, put it in their local shop or get their neighbours, friends and family to sign it and send it back to the Our Shoalhaven team.” Mr Burrows said the petition’s key request was that councillors read the many public submissions and properly consider the merits of community recommendations.
Community Group says public sidelined from LEP
South Coast Register, 11 April 2012
Link: http://www.southcoastregister.com.au/news/local/news/general/community-group-says-public-sidelined-from-lep/2517380.aspx
Pic: Unhappy: Will Armitage holds out a petition as members of the SLEP Review Group gather to voice their concerns about the LEP process.
MEDIA RELEASE - 10 April 2012
Frustration turns to community action in Shoalhaven planning review
The community group reviewing the draft Shoalhaven Local Environment Plan, has launched a community awareness campaign called ‘Our Shoalhaven’ to raise awareness within the community about what it sees as a failure of Shoalhaven City Council to listen to what the public wants from its new Local Environment Plan.
SLEP Review Group Convenor Alan Burrows said, “We have launched the ‘Our Shoalhaven’ campaign which is about giving the community a real voice in planning decisions in the Shoalhaven. “It is just so frustrating that after months of preparing submissions and attending meetings the community seems to be being ignored by council. We’ve decided to turn that frustration around and reach out to the community with this campaign,” Mr Burrows said.
The Our Shoalhaven website will be an information resource for the community to follow the progress of the LEP through council. The community can sign up to receive our regular email newsletters and follow the campaign on facebook.
Group members feel the Shoalhaven public has been sidelined. “The preferred strategy in some quarters seems less about engaging with us, than in shutting us down,” said Keith Learn from Kangaroo Valley. “We have consulted directly with our communities, we meet and talk regularly. Then we hear from some sources, that our views are unrepresentative, or we are verballed as supposedly anti-development.” “We hope these online tools become a great resource for the community to really see how our councillors are dealing with these important planning issues that impact our future.”
Frances Bray of Culburra Beach is concerned that the majority of councillors are ignoring the purpose of the Shoalhaven Local Environment Plan to provide a vision and strategic land use framework to address the environmental, social and economic challenges that the Shoalhaven Community will face over the next 20 years. Ms Bray said, “It is disturbing that a majority of councillors are shutting down consideration and debate of recommendations from expert staff, government departments and community representatives, contrary to their responsibilities to consider and assess issues on merit. This practice applied in particular to recommendations aimed at enhancing environment protection.”
Our Shoalhaven - ourshoalhaven.com - Petition -97kb - Poster -622kb
Media Contacts:
Alan Burrows: 4441 8855
Frances Bray: 4447 2185
Keith Learn: 4465 1117
4 April 2012: the following Letter to the Editor appeared in the South Coast Register. SCR link: http://www.southcoastregister.com.au/news/opinion/letters/general/why-have-staff-if-you-ignore-them/2511057.aspx
Reading your article (SCR, March 28) makes one wonder why council pays for professional planning staff since the majority of the attending councillors are willing to overthrow their recommendations again and again (only councillors Fergusson and Findlay consistently support community submissions and staff).
In a meeting between three Valley residents, then mayor Greg Watson and head of planning (since retired) Ernie Royston in early 2008, on a matter unrelated to the LEP, we were told by Cr Watson that we should not worry about the LEP because “there is little change for Kangaroo Valley”.
What absolute rubbish this advice was! Rural buildings up to 11 metres high, helipads in the village, loss of important environmental protections, spot rezoning … the list could fill your paper.
I have sat through many of the current round of Special Development Committee meetings and they are not very special at all. Of all the issues highlighted in your article, that of the spot rezonings and subdivisions submitted as part of the draft LEP exhibition process, is the worst. Some lucky residents stand to make windfall profits from subdivision in areas where general manager Russ Pigg advised councillors there was no strategic necessity for same. Why are these ad hoc decisions being made? Why are 33 of them presented by just three major local consultancy firms? Why are these requests not being dealt with under the normal process of notification to neighbours; compliance with the various planning documents including the South Coast Regional Strategy, the Nowra-Bomaderry Structure Plan and others?
Unfortunately, when no answers or explanations are forthcoming the community tends to fill in the answers itself. Perhaps ICAC needs to ask the questions.
Every one of those who made a submission (all 3000 plus) should take heed – your submissions are, generally, being ignored.
B. Woodney, Kangaroo Valley.
28 March 2012: the following article appeared in the South Coast Register: article here - Review group Slams LEP processes
21 March 2012: Railroaded on airports - SCR Letters - South Coast Register link: http://www.southcoastregister.com.au/news/opinion/letters/general/railroaded-on-airports/2495397.aspx Last Thursday [5 March 2012], at council’s special LEP Development Committee Meeting, a small group of Shoalhaven’s councillors treated with disdain the objections of hundreds of residents and the recommendation of council’s planning staff that council “remove ‘air transport facilities’ as a permissible use (with consent) from the land use tables in RU1 and RU2 zones”.
Councillors voted four to two in favour of a motion, put by Councillor Fergusson and seconded by Councillor Proudfoot, for “the inclusion of Air Transport Facilities across the RU1 and RU2 zones in the Shoalhaven LEP”. This now leaves in place the prospect of an airport anywhere considered suitable in these zones. From the gallery, I was appalled to observe how, in the diluted committee meeting environment with only six out of our elected 13 councillors present, the future direction of the Shoalhaven in this matter was determined. The outcome reflected neither the wishes of residents nor the recommendations of our professional council planners, but rather the will of only four councillors. Are residents willing to put up with this “railroading”, in an important LEP process that takes our lifestyle into the next 15 years? J. Burgess, Jaspers Brush.