valla urban growth area planning proposal stage 1 area

197 Pages·2011·5.42 MB·English

VALLA URBAN GROWTH AREA
PLANNING PROPOSAL
STAGE 1 AREA
Prepared by
Charles Hill Planning
in association with GroupGSA
For
Bluegrass Nominees Pty Ltd
On behalf of
The Welsh & Ussher Property Owners
September 2011
Valla Urban Growth Area Planning Proposal
TABLE OF CONTENTS
EXECUTIVE SUMMARY 6
1.0 INTRODUCTION 9
2.0 OVERVIEW 12
3.0 STATE, REGIONAL & LOCAL CONTEXT 15
3.1 State Context 15
3.2 Regional Context 17
3.3 Local Area Context 17
3.4 Valla Urban Growth Area 18
4.0 PURPOSE OF STUDY 20
4.1 Background 20
4.2 Consultation 20
4.2.1 Department of Environment and Climatic Change (DECC) 21
4.2.2 Northern Rivers Catchment Management Authority (NRCMA) 21
4.2.3 NSW Rural Fire Service 22
4.2.4 Forests NSW 23
4.2.5 NSW Department of Primary Industries 24
5.0 STATE, REGIONAL AND LOCAL PLANNING FRAMEWORK 25
5.1 NSW State Plan 25
5.2 Mid North Coast Regional Strategy 25
5.3 NSW Coastal Policy – Department of Planning 27
5.4 Regionally Significant Farmland Mapping Project – Department of Planning 27
5.5 Settlement Planning Guidelines – Department of Planning 27
5.6 Draft Centres Policy, Planning for Retail and Commercial Development – Department
of Planning April 2009 30
5.7 Nambucca Shire Council Commercial and Industrial Strategy 1995 30
5.8 Nambucca Urban Release Strategy 1997 31
5.9 Nambucca Industrial Land Release Study 2001 31
5.10 Nambucca Shire 20 Year Structure Plan 31
5.11 Nambucca State of the Environment Report 2006 33
5.12 Nambucca Shire Council Growth Management Strategy: Employment Lands 33
5.13 Pacific Highway Realignment – Warrell Creek to Urunga 33
6.0 STATUTORY AND NON STATUTORY CONTROLS 37
6.1 Environmental Planning and Assessment Act 1979 37
6.2 Environmental Planning and Assessment Regulation 2000 37
6.3 State Environmental Planning Policies 37
6.4 Other Relevant Legislation 38
6.5 Section 117 Directions 38
6.6 North Coast Regional Environmental Plan 1988 38
6.7 Nambucca Local Environmental Plan 2010 40
6.8 Nambucca Development Control Plan 2010 42
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7.0 ENVIRONMENTAL AND SOCIAL ANALYSIS 44
7.1 Introduction 44
7.2 Background Studies 45
7.2.1 Preliminary Geotechnical and Acid Sulphate Soils Investigation, July 2009 45
7.2.2 Phase 1 Environmental Site Assessment, August 2009 52
7.2.3 Biodiversity 54
7.2.4 Flora and Fauna Assessment, June 2008 55
7.2.5 Flora and Fauna Assessment, December 2010 57
7.2.6 Aboriginal and European Cultural Heritage, August 2010 58
7.2.7 Aboriginal and European Cultural Heritage, January 2011 60
7.2.8 Bushfire Assessment, April 2011 62
7.2.9 Acoustic Investigation, April 2011 69
7.2.10 Employment Strategy, April 2010 77
7.2.11 Traffic Assessment, August 2011 81
7.2.12 Provision of Infrastructure 83
7.2.13 Community Needs Assessment, November 2010 86
8.0 JUSTIFICATION 93
8.1 Need for Planning Proposal 93
8.2 Implications of not proceeding at this time 94
8.3 What is the Status of Environment Studies? 94
8.4 How has the planning proposal adequately addressed any social and economic
effects? 95
8.5 Is there adequate public infrastructure for the planning proposal? 96
8.6 What are the views of State and Commonwealth public authorities consulted in
accordance with the gateway determination? 96
9.0 CONSTRAINTS ANALYSIS 97
10.0 FEATURES OF AMENDING LOCAL ENVIRONMENTAL PLAN (LEP) 112
11.0 PROPOSED AMENDMENT LEP 2010 118
11.1 Objectives and Outcomes of Amending LEP 118
11.2 Proposed Amendments 119
12.0 WHERE TO FROM HERE? 120
12.1 Amending the Local Environmental Plan (LEP) 120
12.2 Consultation with Public Authorities 120
12.3 Community Consultation 121
12.4 Consultation Strategy for the Release Area 121
12.5 Further Work Required on the Draft Plan 121
12.6 Master Plan (Concept Plan) 122
12.7 Sustainability Measures 125
12.8 Development Control Plan 125
12.9 Phasing of Development in the Release Area 126
12.10 Section 94 Contribution Plan 128
13.0 CONCLUSION 129

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Valla Urban Growth Area Planning Proposal

ATTACHMENTS

Appendix 1 NSW Department of Planning Requirements

Appendix 2 Agency Requirements

Appendix 3 Copy of Owner’s Consent

Appendix 4 List of Applicable State Environmental Planning Policies

Appendix 5 List of Relevant Legislation

Appendix 6 Compliance with 117 Directions

Appendix 7 Preliminary Geotechnical, Acid Sulphate Soils Investigation, July 2009

Appendix 8 Phase 1 Environmental Site Assessment, August 2009

Appendix 9A Flora and Fauna Survey Report, June 2008

Appendix 9B Preliminary Ecological Report, October 2008

Appendix 10A Flora and Fauna Assessment, December 2010

Appendix 10B Biodiversity Conservation Report, July 2011

Appendix 10C Conservation Areas Management Strategy, August 2011

Appendix 11 Aboriginal & European Cultural Heritage, August 2010

Appendix 12 Aboriginal & European Cultural Heritage, January 2011

Appendix 13 Bushfire Assessment, April 2011

Appendix 14 Acoustic Investigation, April 2011

Appendix 15 Employment Strategy, April 2010

Appendix 16 Traffic Assessment, August 2011

Appendix 17 Community Needs Assessment, November 2010

Appendix 18 Consultation List

Appendix 19 Recommended Land Use Zones in Planning Proposal for Amendment to
Nambucca LEP 2010 for Proposed Growth Area

Appendix 20 List of Outstanding Studies

Appendix 21 Copy of Figures

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September 2011
DISCLAIMER
This Planning Report has been prepared by a multi-disciplinary team with skills crossing the
disciplines of town planning, master planning and landscape architecture, flora and fauna,
transport, geotechnical expertise, fire and community needs assessment.
The project team is a collaboration of highly skilled and qualified professionals with a large range of
relevant experience as follows:
Company Area of Responsibility
Coffey Geotechnics Geotechnical: slope analysis and sulphate soils contamination,
July 2009
Conacher Environmental Group Flora and Fauna Assessment, June 2008 and December 2010
M Dallas Consulting Archaeologist Aboriginal and European Cultural Heritage Assessment ,
August 2010 and January 2011
Better Transport Futures Traffic Assessment, August 2011
Cardew Consulting Community Needs Assessment, November 2010
Group GSA Master Planning, Urban Design and Landscape Architecture,
August 2011
In preparing this report, Bluegrass Nominees engaged the consultants listed above to provide
Charles Hill Planning with the necessary advice in their respective fields of expertise on
environmental issues associated with the proposed rezoning of the subject land.
In preparing this report, regard has also been held for the advice provided by miscellaneous
studies carried out on behalf of Council, including but not necessarily limited to:
GHD / AEC Group Employment Strategy, April 2010
SLR Environmental Solutions Acoustic Investigations (April 2011)
Mid North Coast Building and Bushfire Assessment (April 2011)
Environmental
In preparing this report, Charles Hill Planning has relied upon the adequacy and accuracy of the
assessments and advice contained in the reports, plans, diagrams, tables, and so forth, prepared
and provided by the respective experts. Charles Hill Planning does not accept responsibility for any
errors or omissions in the materials provided by the consultants.
Acknowledgements
This report acknowledges the assistance given by the landowners, as well as the contributions
made by Council’s own staff and those of the relevant government agencies.
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Valla Urban Growth Area Planning Proposal
EXECUTIVE SUMMARY
This Planning Report has been prepared on behalf of Bluegrass Nominees Pty Ltd for the Welsh
and Ussher families in respect of properties known as Lot 19 in DP 755560 and Lot 1 in DP
823624 and Lot 1 in DP 253772 (refer Figures 1 & 2) respectively and other lands identified in
Figure 4.
Figure 1
This report provides the background information to Nambucca Shire Council’s proposed
amendment to the Local Environmental Plan 2010 of the Valla Urban Growth Area. However,
a number of additional studies have been undertaken on behalf of Nambucca Shire Council in
consideration of the broader study area (Figure 4).
The objective of this Planning Report is to support an application by Nambucca Shire Council
to rezone certain lands described in Stage 1 for the purposes of developing that land for urban
purposes.
The report discusses the State, Regional and Local context for the proposed rezoning and in
particular the area which has been nominated for future growth, the Valla Urban Growth Area.
This study provides a comprehensive understanding of the subject land, sets out the preferred
land-use pattern and movement network, having regard to the site’s constraints and opportunities
for Stage 1, and its environmental capacity to accommodate future urban growth.
The report highlights the State, Regional and Local Planning Framework, including the NSW State
Plan, the Mid North Coast Regional Strategy, the NSW Coastal Policy, Regionally Significant
Farmland Mapping Project, the Department of Planning’s Settlement Guidelines, the Draft Centres
Policy, Planning for Retail and Commercial Development, Nambucca Shire Council’s Commercial
and Industrial Strategy 1995, the Council’s Urban Release Strategy 1997, Nambucca’s Industrial
Land Release Study 2001, Nambucca Shire 20 Year Structure Plan, the Pacific Highway upgrade,
the Council’s State of the Environment Report, and the Nambucca Shire Council’s Growth
Management Strategy: Employment Lands.
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September 2011
The report also addresses the implication of the Statutory and Non-Statutory Controls that apply
to the subject land including, the Environmental Planning and Assessment Act and its regulations,
the State Environment Planning Policies and other relevant legislation, the North Coast Regional
Strategy and in particular, the provisions of the Nambucca Local Environmental Plan 2010.
Figure 2
A number of studies were also undertaken on behalf of the Welsh and Ussher families, as
well as those undertaken on behalf of Council and include Geotechnical, Flora and Fauna,
Aboriginal and European Cultural Heritage, Community Needs Assessment, Growth
Management Strategy, Employment Lands, Traffic Assessment and Noise Assessment.
A general assessment was also made in respect of infrastructure provision related to the
provision of water, sewerage and power.
The report acknowledges that the Valla Urban Growth Area has been identified in
numerous Council documents since at least 1996, and has recently been confirmed by the
Department of Planning as part of the Mid North Coast Regional Strategy.
The Council’s Growth Management Strategy forms the land component of Nambucca
Council’s Local Growth Management Strategy, and is intended to guide and manage future
industrial and commercial development until at least 2051.
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Valla Urban Growth Area Planning Proposal
For the purpose of this study, employment lands are defined as lands zoned so that they
are predominantly used for activities resulting in employment including existing and future
industrial, commercial and mixed use lands.
The report also sets out the objectives and actions for the amendment to Nambucca Local
Environmental Plan and the process that is to follow.
The report acknowledges the need to exhibit the proposal for public comment, and the
need for further consultation.
An indicative master plan (Concept Plan) for the whole release area is shown at Figure
40. This plan is not part of the proposed rezoning, but is only provided to indicate a
possible scenario for development of the release area, but more particularly development
of the Stage 1 Area.
It is proposed that subject to the rezoning, a Development Control Plan will be prepared to
assist Council in controlling the future development of the area.
Development cannot take place until such time as Council has approved the Development
Control Plan (DCP).
When determining whether to approve the DCP, Council is required to take into
consideration a number of matters referred to in Clause 6 of Nambucca Local
Environmental Plan 2010.
The report concludes that the proposed rezoning is consistent with strategies adopted by
Nambucca Shire Council and the Department of Planning.
The report notes that the Study area has a number of sensitive environmental and
ecological factors that need to be protected, including but not necessarily limited to riverine
eco-systems, wetlands and vegetated areas.
The report considers however that the Valla Urban Growth Area is within an area where
there is land with manageable environmental constraints and is suitable for future urban
development.
In relation to the issue of public benefit it is considered that the project will make a
significant contribution to the stock of residential and employment land, encourage
employment opportunities and job creation, housing market spread and affordability, and
the quality and equity in delivery of facilities and services.
Finally it acknowledges that there are no financial implications for Council in resolving to
prepare a draft Local Environmental Plan.
It is recommended that Council resolve to proceed with the rezoning of the Stage 1 Area of
the Valla Urban Growth Area.
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September 2011
1.0 INTRODUCTION
This planning study has been prepared on behalf of Bluegrass Nominees P/L for the Welsh and
Ussher families in respect of the properties known as lot 19 in DP 755560 and Lot 1 in DP 823624
and Lot 1 in DP 253772 respectively (Figures 1,2 & 3) and other lands identified in Figure 4.
This report provides the background information to Nambucca Shire Council’s proposed
amendment to the Local Environmental Plan 2010 for the entire Valla Urban Growth Area, but in
particular for that area comprising certain land as indicated on the plan at Figure 4. The report also
provides ‘explanatory material’ for incorporation into the planning proposal.
Figure 3
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Valla Urban Growth Area Planning Proposal
As indicated later in this report, the majority of the investigations to date have been undertaken in
relation to the Welsh and Ussher properties only, as shown at Figure 2.
However, a number of additional studies have been undertaken on behalf of Council in
consideration of the broader growth area to ensure lot yields, traffic circulation, open space and
ecological matters, are given appropriate consideration within the life of the entire growth area
(Figure 4).
In that regard the subject land as referred to in this report represents the entire growth area, while
Stage 1 area refers the extent of land being sought for actual rezoning at this stage.
Figure 5 indicates the Stage 1 area in relation to the broader study area.
The objective of this planning report is to support an application by Nambucca Shire Council
to rezone certain lands described in Stage 1 for the purposes of developing that land for urban
purposes.
Council has previously resolved to pursue the rezoning of the land within the Nambucca Local
Environmental Plan 1995 amendment No. 67. However, Council has now decided to transfer the
LEP amendment from the previous process under the Environmental Planning and Assessment
Act 1979 to the new Gateway process.
The Gateway process was adopted by the NSW Government to assist Councils in expediting
amendments to their planning instruments for particular development proposals.
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