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Fern St Warriewood

To support the incoming residents of the Warriewood Valley Release Area, Council identified the need for the creation of a Central Local park on either side of Fern Creek in Warriewood Valley. To this end, in 2008 Council purchased 9 Fern Creek Road, Warriewood Valley. It was recognised at this time that the 9 Fern Creek property didn’t correspond exactly with the desired shape of the future park however, it was necessary to secure this parcel to ultimately enable the future delivery of the park. In 2013, the owner of adjoining land parcels 11, 12 & 13 Fern Creek Road, presented a land swap proposal to Council to facilitate the achievement of the preferred open space layout for the sector and provide for the development of the owner’s landholdings. A period of consultation followed with adjoining land owners and the Warriewood Valley Residents Association. From this consultation a revised concept plan for the layout of the park was agreed. This was formalised via a Memorandum of Understanding (MOU) and Deed of Agreement (Deed). The MOU & Deed were endorsed by Council on March 2016 (Attachment 1). Council received a Planning Proposal (PP0002/16) from GLN Planning, on behalf of Council’s Property Management & Commercial Business Unit, relating to 9, 11, 12 and 13 Fern Creek Road, Warriewood. The Planning Proposal seeks to amend the Pittwater Local Environmental Plan (PLEP) 2014 to enable the creation of the southern portion of the planned Central Local park in the Warriewood Valley Release Area. A secondary objective is to enable the development of the remaining land in an orderly and economic manner for housing.

This will be achieved through an amendment to the Land Zoning map, the Height of Building map, and the dwelling provisions contained in Part 6 Clause 6.1(3) PLEP 2014. As a result of the commercial negotiations effected by the land swap agreement (Deed), PP0002/16 is essentially a proposal to facilitate the delivery of the southern portion, of the planned Central Local Park by re-adjusting the zoning boundaries and the dwelling numbers allocated to the subject lands so the remaining land can be developed for housing development in an orderly and economic manner. PP0002/16 therefore sets out to:  Rezone the northern portions of 9, 11 & 12 Fern Creek Rd and the entire area of 13 Fern Creek Rd from R3 (Medium Density) to RE1 (Public Recreation).  Amend the Height of Building Map applying to northern portions of 11 & 12 Fern Creek Rd and the entire area of 13 Fern Creek Rd, from 10.5m to 8.5m.  Amend the Height of Building Map applying to southern portion of 9 Fern Creek Rd, from 8.5m to 10.5m.  Amend the provisions in Part 6, Clause 6.1(3) regarding the permitted number of dwellings relating to the subject properties’ respective Sectors. (i.e. 9 Fern Creek Rd, Sectors 901A, 901C and 901G). At its meeting of 30 May 2017, Council resolved to progress PP0002/16 and place it on public exhibition for a period of 6 weeks. Council also resolved to prepare amendments to P21 DCP and the Addendum Report, consistent with the Planning Proposal. The public exhibition has now concluded, and the matter is reported to Council to advise of the outcome of this consultation and to seek approval for the finalisation of the amendment of PLEP 2014, P21 DCP and the Addendum Report. As Council is the landowner of 9 Fern Creek Rd and the proponent for this application, an external planning consultant, MBWA Consulting, was engaged to assess the application on behalf of Council’s Strategic & Place Planning Business Unit. The independent assessment report, prepared by MBWA Consulting is at Attachment 2. Procure Group was engaged to undertake a probity audit of the assessment by MBWA Consulting and the roles of Council in the assessment process. A Probity Audit Report, Attachment 3, was prepared for this phase of the rezoning.

10.1 PLANNING PROPOSAL PP0002/16 – 9, 11, 12 & 13 FERN CREEK ROAD, WARRIEWOOD 209/17

RESOLVED Cr De Luca / Cr Heins

That Council:

A. Adopt the ten (10) recommendations outlined in the Final Independent Assessment Report prepared by MBWA Consulting.

B. Note the report prepared by the probity consultant, Procure Group.

C. Notify those parties that made a submission during the exhibition period regarding Council’s decision.

VOTING FOR: Unanimous


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