PLANNING PROPOSAL– DEFERRED LANDS IN OXFORD FALLS AND BELROSE
The former Warringah Council at its meeting on 24 February 2015 resolved to proceed with a Planning Proposal to transfer planning controls for land in Oxford Falls Valley and Belrose North (Deferred Lands) from Warringah Local Environmental Plan 2000 (WLEP 2000) to Warringah Local Environmental Plan 2011 (WLEP 2011).
Council submitted the draft Planning Proposal to the Department of Planning and Environment (the Department) on 15 April 2015 for a Gateway Determination.
Approximately two and half years later, on 1 November 2017, the Department issued a Gateway Determination. The Gateway Determination requires Council to, amongst other things, complete a detailed review of the future urban development potential of four sites in the Deferred Lands area (Oxford Falls West, Red Hill, Lizard Rock, and Cromer Golf Club), further examine the environmental significance of land proposed to be zoned E4 – Environmental Living, and to amend the Planning Proposal having regard to those investigations prior to undertaking any community consultation on the Planning Proposal.
The Gateway Determination requirements represent a departure from the process, methodology and recommendations previously agreed to by the Department and adhered to by Council, are not warranted having regard to Council’s District Plan housing targets, and will result in significant resource and financial costs for Council to meet. This report preseneds options to respond to the Gateway Determination and recommends that the Minister be requested not to proceed with the Planning Proposal.
066/18 RESOLVED Cr Regan / Cr Grattan
A. Council, in accordance with s3.35(4) of the Environmental Planning and Assessment Act 1979, request the Minister for Planning to determine that the Planning Proposal for Oxford Valley Falls and Belrose North should not proceed for the following reasons:
a. The Gateway determination requirement to complete “Stage 2” Review of four sites in the Deferred Lands area prior to exhibiting the Planning Proposal reneges on previous longstanding agreements with the Department of Planning and Environment regarding the Local Environmental Plan translation process
b. The Stage 2 Review requires costly and time consuming studies that should be funded by the Department of Planning and Environment
c. The 2009 Planning Assessment Commission Review Report regarding the four sites generally concludes that the area is unlikely to be suitable as a release area
d. The Department of Planning and Environment did not support the development of the four sites in its submission to the 2009 Planning Assessment Commission Review
e. Urban Development in Oxford Falls Valley / Belrose North is inconsistent with the draft Greater Sydney Regional Plan
f. Urban Development in Oxford Falls Valley / Belrose North is inconsistent with the Revised Draft North District Plan
g. Council can meet its housing targets under the Revised Draft North District Plan without developing non-urban land h. Undertaking studies for Oxford Falls Valley / Belrose North would pre-empt Council’s Local Planning Strategy and Local Housing Strategy.
B. Council include a copy of this report with Council’s request to the Minister for Planning outlined in A.
C. Council notify affected landowners of its request to the Minister for Planning outlined in A.
D. Councillors be provided with a briefing (by no later than 7 May 2018) on the following proposal: “That Council request the Minister for Planning amend State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, Clause 1.6 (1A) from: (1A) Land identified as “Deferred matter” on the Land Application Map within the meaning of Warringah Local Environmental Plan 2011 is, for the purposes of this Policy, taken to be in Zone E3 Environmental Management. To: (1A) Land identified as “Deferred matter” on the Land Application Map within the meaning of Warringah Local Environmental Plan 2011 is, for the purposes of this Policy, taken to be in Zone RU4 Primary Production Small Lots.”
VOTING FOR: Crs McTaggart, Heins, Amon, Grattan, Philpott, White, Warren, Harrison, Sprott, Walton, Ferguson, Bingham and Regan
AGAINST: Crs Daley and De Luca