Planning Proposal Extension of West Wallsend Heritage Conservation Area Draft Amendment No. RZ/1/2015 to Lake Macquarie Local Environmental Plan 2014 AS ADOPTED ON 22 AUGUST 2016 Local Government Area: Name of LEP: Subject Land: Land Owner: Applicant: Folder Number: Lake Macquarie City Council (LMCC) Draft Amendment to Lake Macquarie Local Environment Plan 2014 Lot 12 DP8910 90 Withers Street, West Wallsend Lot 5 DP 1180029 11 Robertson Street, West Wallsend Lots 301 324, 332 342 and 353 375 DP 1185817 Tramway Drive, Appletree Road, Cutter Court & Drift Street, West Wallsend Lots 201 261 DP 1197850 Withers Street, Permit Street, Tramway Drive & Steam Close, West Wallsend Lots 101 122 DP 1197851 Withers Street, West Wallsend Lots 401 439 DP 1214240 Royalty Street, Exploration Street, West Wallsend Lot 2 DP 1219091 Tramway Drive, West Wallsend Lots 501 566 in DP 1220621 Royalty Street, Pillar Street and Conveyor Street, West Wallsend (Refer to Table 3 for complete schedule of subject land) Various Private landowners Council Initiated RZ/1/2015 Date: July 2016 Author: Andrew Donald Senior Strategic Landuse Planner Tables: 1. Assessment of the Planning Proposal against SEPPs 2. Consistency with Section 117(2) Ministerial Directions 3. Subject Land Maps: 1. Locality 2. Aerial 3. Existing Heritage Conservation Area 4. Proposed Heritage Conservation Area Attachments: 1. Supporting Material - Gateway Determination, Alteration of Gateway Determination, Further Alteration of Gateway Determination, Written Authorisation to Exercise Delegation, Report to Council Planning Proposal Extension of West Wallsend Heritage Conservation Area 1
Lake Macquarie City Council Part 1 OBJECTIVES OR INTENDED OUTCOMES The objective of the Planning Proposal is to amend the Lake Macquarie Local Environmental Plan 2014 (LMLEP 2014) in order to extend the boundary of the West Wallsend Heritage Conservation Area. Part 2 EXPLANATION OF PROVISIONS The amendment proposes the following changes to LMLEP 2014: Amendment Applies to Heritage Map Sheet HER _008B Part 3 JUSTIFICATION Explanation of provision Section A Need for the Planning Proposal Amend the boundary of the West Wallsend Heritage Conservation Area as shown in Map 4. 1. Is the planning proposal a result of any strategic study or report? No. The Planning Proposal has been prepared in response to the need to protect the heritage values of the subject land identified during the assessment of a 375 lot residential subdivision. The West Wallsend and Holmesville Area Plan contained within the Lake Macquarie Development Control Plan 2014 describes West Wallsend as a good example of a Nineteenth Century mining town. West Wallsend and Holmesville are representative of the establishment and growth of towns, population and commerce in the Hunter Region. They are typical of those settlements closely linked to the fortunes of the coal mining industry. The town retains the Lake Macquarie City s best examples of original grand late Nineteenth and early Twentieth Century commercial and community buildings. The town s built form is visible from a number of external vantage points, particularly the elevated slopes to the east. The town enjoys a magnificent setting, with views to the mountains from almost every part. The northern approach is particularly notable, descending from a high point with a clear transition from rural to urban. In February 2011, Council received a Development Application (DA/113/2011) for a 375 lot residential subdivision known as the Appletree Grove Estate. The consent authority for the DA was the Hunter and Central Coast Joint Regional Planning Panel (JRPP). The development surrounds the existing residential areas of West Wallsend and Holmesville and directly adjoins the West Wallsend Heritage Conservation Area (HCA). The subject land is located within the West Wallsend and Holmesville Heritage Precinct under the Lake Macquarie Development Control Plan 2014. When the DA was first reported to the JRPP in November 2011, the JRPP resolved to defer the matter and requested the applicant address a number of issues. One of the issues was the impact of the subdivision on the existing HCA. As a result, detailed building design guidelines for the estate were required to mitigate heritage and visual impact issues. The JRPP approved the subdivision subject to conditions, including the requirement for a public positive covenant to be registered on the title of all lots. The covenant requires all dwellings within the estate to comply with the Heritage and Urban Design Guidelines (HUDG) prepared for the estate. Changes made to State Environmental Planning Policy (Exempt and Complying Development Codes ) 2008 (The Codes SEPP) has resulted in the ability for Complying Development to be legally carried out in the estate without regard to the covenant requiring compliance with the HUDG. While a temporary local exclusion to the Codes SEPP currently applies to the estate, this is not considered a long-term solution. Therefore, the Planning Proposal is needed to protect the heritage significance of West Wallsend and to ensure that new development within the residential subdivision is sympathetic to the character and
Lake Macquarie City Council heritage significance of West Wallsend. Further background information on the need for the Planning Proposal is contained in Attachment 1. Is the planning proposal the best means of achieving the objectives or intended outcomes, or is there a better way Yes. The Planning Proposal is the best means of achieving the protection of the heritage significant area in the long term. The Planning Proposal aims to conserve the heritage significance of the natural and built environment and ensure new development is sympathetic to the identified heritage values of the area. Section B Relationship to Strategic Planning Framework 2. Is the planning proposal consistent with the objectives and actions of the applicable regional or sub-regional strategy (including the Sydney Metropolitan Strategy and exhibited draft strategies)? Lower Hunter Regional Strategy (LHRS) The primary purpose of the LHRS is to ensure that adequate land is available and appropriately located to sustainably accommodate the projected housing and employment needs of the Region s population until 2031. The LHRS works with the Regional Conservation Plan to ensure that the future growth of the Lower Hunter makes a positive contribution to the protection of sensitive environments and biodiversity. The proposal seeks to protect the heritage significance of West Wallsend which is consistent with the outcomes of section 12 Heritage of the LHRS. The subject land is identified in the LHRS as a proposed urban area and is zoned R2 Low Density Residential under the LMLEP 2014. Development consent was granted in July 2012 for the subdivision of the subject land into 375 lots. Given the site already has subdivision approval, the proposal will not impact on the housing target of the LHRS. Newcastle Lake Macquarie Western Corridor Planning Strategy (WCPS) The Newcastle Lake Macquarie Western Corridor Planning Strategy identifies key planning principles and known infrastructure requirements that will guide future urban expansion and conservation in the western corridor. The specific planning principle of the WCPS (pg. 24) to which the proposal relates to is: OUTCOME: Ensure appropriate development occurs near heritage items, places of heritage significance and conservation. ACTION Urban development will need to respect the heritage character of Minmi and other localities and be sympathetic to the listed with relevant heritage design requirements. Items or places/areas of local or State heritage will be identified by Council s LEP and the State Heritage Register. The proposal is consistent with the WCPS in that it will help ensure future development on the subject land is sympathetic to the existing character and heritage significance of West Wallsend. 3. Is the planning proposal consistent with a council s local strategy or other local strategic plan? Lifestyle 2030 Strategy (LS2030) The Lifestyle 2030 Strategy (LS2030) provides the long-term direction for the overall development of the City and is a long-range land use strategic plan and policy document. The Strategic Directions identified in the LS2030 describe the overall desired outcomes and general intentions sought by Council for future development in the City. In particular, the Planning Proposal aligns with the following strategic direction/outcome: The specific aims of the LS2030 that relate to the proposal are:
Lake Macquarie City Council Develop attractive and liveable areas in the LGA which reflects its physical and natural environment, and visual character. Manage the City s heritage and economic resources, in a way that protects the value of these resources and enhances the City s character. The proposal is consistent with the relevant aims of LS2030 in that the proposal seeks to protect the heritage significance of West Wallsend. 4. Is the planning proposal consistent with applicable State Environmental Planning Policies? It is considered that the Planning Proposal is not inconsistent with applicable State Environmental Planning Policies (SEPPs). Rather, the proposal will result in additional criteria for development assessment or exclusions to certain development under the applicable SEPPs, as detailed in Table 1 below. Table 1: Assessment of the Planning Proposal against relevant SEPPs SEPP Relevance Implications SEPP (Exempt and Complying Development Codes) 2008 The SEPP streamlines assessment processes for development that complies with specified development standards. The SEPP specifies specific land-based exclusions, including Heritage Conservation Areas, to which certain exempt and complying development cannot be carried out or that require more stringent development controls. The subject land would be excluded from carrying out certain exempt and complying development under the SEPP. Specifically, the following Parts of the SEPP do not apply to land located within a Heritage Conservation Area: Various sections of Part 2 Exempt Development Codes Part 3 General Housing Code Part 3A Rural Housing Code Part 5A Commercial and Industrial (New Buildings and Additions) Code SEPP (Infrastructure) 2007 SEPP No. 64 Advertising and Signage The SEPP supports greater flexibility in the location of infrastructure and service facilities, along with improved regulatory certainty and efficiency. The SEPP specifies where particular development is permitted without consent, Exempt or Complying. This policy aims to ensure that the outdoor advertising is compatible with the desired amenity and visual character of an area, provides effective communication in suitable locations and is of high quality design and finish The SEPP specifies that certain development permitted under the SEPP cannot be carried out on land within a Heritage Conservation Area. Such development includes (but not limited to): small wind turbine systems and solar energy systems. The SEPP also stipulates that where development is likely to have an impact on a heritage conservation area, a public authority must consult with Council. Clause 10 Prohibited advertisements prohibits the display of advertisements on land that is identified as a heritage area. Under Schedule 1 Assessment Criteria, consideration is required to be given as to whether the proposal will detract from the amenity or visual quality of a heritage area.
Lake Macquarie City Council SEPP Relevance Implications SEPP (Housing for Seniors or People with a Disability) 2004 State Environmental Planning Policy (Miscellaneous Consent Provisions) 2007 SEPP (Affordable Rental Housing) 2009 This policy encourages the development of high quality accommodation for the aging population and for people who have disabilities and for housing that is in keeping with the local neighbourhood. This policy contains provisions for certain temporary structures, subdivision, the demolition of a building or work, certain changes of use and fire alarm link communication works, to be development permissible with consent. This policy aims to better encourage home owners, social housing providers and developers to invest and create new affordable rental housing to meet the needs of the growing population and existing residents. Part 3 Design Requirements, states that Council must not grant consent for development, unless it is satisfied that the applicant has considered the location of heritage features and items including archaeology and heritage features of the surrounding locality and landscape. Division 2 Design Principles, Clause 33 Neighbourhood amenity and streetscape stipulates that any proposed development should retain, complement and sensitively harmonise with any heritage conservation areas in the vicinity. Before granting consent for the erection of a temporary structure, a number of matters must be taken into consideration pursuant to Clause 12 of Part 2 Erection of temporary structures. Land located within a heritage conservation area is listed as a matter for consideration. Clause 40 Development may be carried out without consent does not apply to land within a heritage conservation area. Clause 45 Complying development group homes stipulates that group homes cannot be carried out as complying development within a heritage conservation area. 5. Is the planning proposal consistent with applicable Ministerial Directions (s.117 (2) directions)? An assessment of the Planning Proposal and its consistency against the applicable Ministerial Directions is provided at Table 2 below. Table 2: Consistency with applicable Section 117(2) Ministerial Directions Ministerial Direction 1.1 Business and Industrial Zones Objective/s (a) Encourage employment growth in suitable locations, (b) Protect employment land in business and industrial zones, and (c) Support the viability of identified strategic centres. 1.2 Rural Zones Protect the agricultural production value of rural land. Consistency / Comment The direction does not apply as the subject land is zoned R2 Low Density Residential under LMLEP 2014. The direction does not apply as the subject land is zoned R2 Low Density Residential under LMLEP 2014.
Lake Macquarie City Council Ministerial Direction 1.3 Mining, Petroleum Production and Extractive Industries 2.1 Environment Protection Zones Objective/s Ensure that the future extraction of State or regionally significant reserves of coal, other minerals, petroleum and extractive materials are not compromised by inappropriate development. Protect and conserve environmentally sensitive areas. 2.2 Coastal Protection Implement the principles in the NSW Coastal Policy. 2.3 Heritage Conservation Conserve items, areas, objects and places of environmental heritage significance and indigenous heritage significance. 3.1 Residential Zones (a) Encourage a variety and choice of housing types to provide for existing and future housing needs, (b) Make efficient use of existing infrastructure and services and ensure that new housing has appropriate access to infrastructure and services, and (c) Minimise the impact of residential development on the environment and resource lands. 3.3 Home Occupations Encourage the carrying out of low-impact small businesses in dwelling houses. 4.1 Acid Sulfate Soils Avoid significant adverse environmental impacts from the use of land that has a probability of containing acid sulfate soils. 4.2 Mine Subsidence and Unstable Land Prevent damage to life, property and the environment on land identified as unstable or potentially subject to mine subsidence. Consistency / Comment The direction does not apply as the proposal will not prohibit or restrict mining, petroleum production and extractive industries. The direction does not apply as the subject land is zoned R2 Low Density Residential under LMLEP 2014. The direction does not apply as the subject land is not located in a Coastal Protection zone. The proposal is consistent with the direction. The proposal aims to conserve the heritage significance of the natural and built environment by including the subject land within the West Wallsend Heritage Conservation Area. The planning proposal will ensure that the subject land, identified as having heritage significance, will be protected by being included in a heritage conservation area under the LMLEP 2014. The proposal is consistent with the direction. The Planning Proposal retains the current density provisions of the LMLEP 2014. The subject land already has development consent for a 375 lot residential subdivision. Accordingly, the Planning Proposal is not inconsistent with this direction. The proposal is consistent with the direction. The Planning Proposal does not alter the provisions that enable home occupations to be carried out without development consent on the subject land. The direction does not apply as the subject land does not contain Acid Sulfate Soils. The direction does not apply as the Planning Proposal retains the current zoning and density provisions of the LMLEP 2014.
Lake Macquarie City Council Ministerial Direction Objective/s 4.3 Flood Prone Land (a) Ensure that development of flood prone land is consistent with the NSW Government s Flood Prone Land Policy and the principles of the Floodplain Development Manual 2005, and 4.4 Planning for Bushfire Protection 5.1 Implementation of Regional Strategies 6.1 Approval and Referral Requirements 6.3 Site Specific Provisions (b) Ensure that the provisions of an LEP on flood prone land is commensurate with flood hazard and includes consideration of the potential flood impacts both on and off the subject land. (a) Protect life, property and the environment from bush fire hazards, by discouraging the establishment of incompatible land uses in bush fire prone areas, and (b) Encourage sound management of bush fire prone areas. Give legal effect to the vision, land use strategy, policies, outcomes and actions contained in regional strategies. The Lower Hunter Regional Strategy (LHRS) applies to the Planning Proposal. Ensure that LEP provisions encourage the efficient and appropriate assessment of development. Discourage unnecessarily restrictive site specific planning controls. Consistency / Comment The direction does not apply as the subject land is not flood prone. The proposal is consistent with the direction. The subject land is bushfire prone, however the Planning Proposal does not propose to rezone the land or increase density provisions of the LMLEP 2014. The Planning Proposal does not diminish the current requirements for development on the subject land to comply with the building requirements of Planning for Bushfire Protection 2006. The proposal is consistent with the direction. The proposal seeks to protect the heritage significance of West Wallsend, which is consistent with the outcomes of section 12 Heritage of the LHRS. The subject land is identified in the LHRS as a proposed urban area and is currently zoned R2 Low Density Residential. The subject land was granted development consent for a 375 lot residential subdivision in 2012.Therefore the proposal does not impact on the housing target of the LHRS given the site already has subdivision approval. The proposal is consistent with the direction. The proposal does not result in inclusions of a provision/s that would require the concurrence, consultation or referral of a development application to a Minister or public authority. The proposal seeks to include the land within a heritage conservation area of local heritage significance and therefore would not trigger the requirement for concurrence under Section 58 of the Heritage Act 1977. The direction does not apply as the proposal does not seek to allow a particular development with site specific planning controls to be carried out on the land.
Lake Macquarie City Council Section C Environmental, Social and Economic Impact 6. Is there any likelihood that critical habitat or threatened species, populations or ecological communities, or their habitats, will be adversely affected as a result of the proposal? No. The Planning Proposal is aimed at protecting the existing natural and built environment and as such, there is no likelihood that critical habitat or threatened species, populations or ecological communities, or their habitats, will be adversely affected. 7. Are there any other likely environmental effects as a result of the planning proposal and how are they proposed to be managed? The proposal aims to ensure that the identified heritage qualities are appropriately managed through the development application process. 8. How has the planning proposal adequately addressed any social and economic effects? The proposed extension to the West Wallsend Heritage Conservation Area will ensure that new development is sympathetic to the character of West Wallsend. Protecting the heritage significance of an area has the benefit of conserving, for current and future generations, the aesthetic and social qualities which give the area its cultural value and make it an appealing place to live. Other benefits include certainty as to the types of and form of development that occurs in a HCA, ensuring the character of an area is retained. It is acknowledged that some restrictions and additional development costs may result from the proposed extension to the West Wallsend HCA. However, given there is a covenant on the title of all subject lots, which requires compliance with the Appletree Grove Estate Heritage and Urban Design Guidelines, landowners and prospective purchasers would be notified of the special building design requirements that apply to the subject land through the conveyancing process. In addition, Council is currently in the process of seeking to amend the Lake Macquarie DCP 2014 to include the requirements of the Heritage and Urban Design Guidelines. As such, prospective purchasers would also be notified of the specific development controls applying to the subject land through a Section 149 Planning Certificate. On balance the community benefit from the conservation of West Wallsend s heritage buildings and appealing streetscapes that provides a net community benefit. Section D State and Commonwealth Interests 9. Is there adequate public infrastructure for the planning proposal? The planning proposal relates only to the existing natural and built environment. No additional public infrastructure is required. 10. What are the views of State and Commonwealth public authorities consulted in accordance with the Gateway determination? The Gateway determination specified that no consultation is required with public authorities.
Lake Macquarie City Council Part 4 MAPPING Map 1 Locality
Lake Macquarie City Council Map 2 Aerial
Lake Macquarie City Council Map 3 Existing Heritage Conservation Area
Lake Macquarie City Council Map 4 Proposed Heritage Conservation Area
Lake Macquarie City Council Part 5 COMMUNITY CONSULTATION The Planning Proposal will be placed on public exhibition for the relevant period as advised by the Gateway determination. Part 6 PROJECT TIMELINE Action Timeframe Commencement date (date of Gateway determination) March 2015 Anticipated timeframe for completion of required technical information March 2015 Granting of extension to complete Planning Proposal April 2016 Timeframe for government agency consultation (pre exhibition) Public exhibition (commencement and completion dates) 20 June 18 July 2016 Date of Public hearing (if required) Consideration of submissions July-August 2016 Timeframe for government agency consultation (post exhibition if required) Post exhibition planning proposal consideration / preparation N/A N/A N/A August - September 2016 Submission to Department to finalise LEP Mid September 2016 Date RPA will make Plan (if delegated) November 2016 Date RPA will forward to the Department for notification (if not delegated) N/A Part 7 SUBJECT LAND Table 3: Subject Land to which the Planning Proposal Applies Lot Deposited Plan Street Address 324 1185817 15A Appletree Road, WEST WALLSEND 323 1185817 17 Appletree Road, WEST WALLSEND 322 1185817 17A Appletree Road, WEST WALLSEND 321 1185817 19 Appletree Road, WEST WALLSEND 320 1185817 19A Appletree Road, WEST WALLSEND 319 1185817 21 Appletree Road, WEST WALLSEND 318 1185817 21A Appletree Road, WEST WALLSEND 317 1185817 23 Appletree Road, WEST WALLSEND 316 1185817 23A Appletree Road, WEST WALLSEND 315 1185817 25 Appletree Road, WEST WALLSEND 314 1185817 25A Appletree Road, WEST WALLSEND 545 1220621 1 Conveyor Street, WEST WALLSEND 546 1220621 3 Conveyor Street, WEST WALLSEND 562 1220621 4 Conveyor Street, WEST WALLSEND 547 1220621 5 Conveyor Street, WEST WALLSEND
Lake Macquarie City Council Lot Deposited Plan Street Address 561 1220621 6 Conveyor Street, WEST WALLSEND 548 1220621 7 Conveyor Street, WEST WALLSEND 560 1220621 8 Conveyor Street, WEST WALLSEND 549 1220621 9 Conveyor Street, WEST WALLSEND 559 1220621 10 Conveyor Street, WEST WALLSEND 550 1220621 11 Conveyor Street, WEST WALLSEND 558 1220621 12 Conveyor Street, WEST WALLSEND 557 1220621 14 Conveyor Street, WEST WALLSEND 551 1220621 15 Conveyor Street, WEST WALLSEND 556 1220621 16 Conveyor Street, WEST WALLSEND 552 1220621 17 Conveyor Street, WEST WALLSEND 555 1220621 18 Conveyor Street, WEST WALLSEND 553 1220621 19 Conveyor Street, WEST WALLSEND 566 1220621 20 Conveyor Street, WEST WALLSEND 554 1220621 21 Conveyor Street, WEST WALLSEND 334 1185817 1 Cutter Court, WEST WALLSEND 333 1185817 3 Cutter Court, WEST WALLSEND 332 1185817 5 Cutter Court, WEST WALLSEND 369 1185817 4 Drift Street, WEST WALLSEND 370 1185817 6 Drift Street, WEST WALLSEND 371 1185817 8 Drift Street, WEST WALLSEND 372 1185817 10 Drift Street, WEST WALLSEND 373 1185817 12 Drift Street, WEST WALLSEND 374 1185817 14 Drift Street, WEST WALLSEND 375 1185817 16 Drift Street, WEST WALLSEND 356 1185817 18 Drift Street, WEST WALLSEND 353 1185817 23 Drift Street, WEST WALLSEND 354 1185817 25 Drift Street, WEST WALLSEND 427 1214240 1 Exploration Street, WEST WALLSEND 428 1214240 3 Exploration Street, WEST WALLSEND 429 1214240 5 Exploration Street, WEST WALLSEND 430 1214240 7 Exploration Street, WEST WALLSEND 431 1214240 9 Exploration Street, WEST WALLSEND 432 1214240 11 Exploration Street, WEST WALLSEND 433 1214240 15 Exploration Street, WEST WALLSEND 434 1214240 17 Exploration Street, WEST WALLSEND 435 1214240 19 Exploration Street, WEST WALLSEND 436 1214240 21 Exploration Street, WEST WALLSEND 437 1214240 23 Exploration Street, WEST WALLSEND 438 1214240 25 Exploration Street, WEST WALLSEND 439 1214240 27 Exploration Street, WEST WALLSEND 214 1197850 4 Permit Street, WEST WALLSEND 526 1220621 1 Pillar Street, WEST WALLSEND 543 1220621 2 Pillar Street, WEST WALLSEND 527 1220621 3 Pillar Street, WEST WALLSEND 542 1220621 4 Pillar Street, WEST WALLSEND 528 1220621 5 Pillar Street, WEST WALLSEND 541 1220621 6 Pillar Street, WEST WALLSEND 529 1220621 7 Pillar Street, WEST WALLSEND
Lake Macquarie City Council Lot Deposited Plan Street Address 540 1220621 8 Pillar Street, WEST WALLSEND 530 1220621 9 Pillar Street, WEST WALLSEND 539 1220621 10 Pillar Street, WEST WALLSEND 531 1220621 11 Pillar Street, WEST WALLSEND 538 1220621 12 Pillar Street, WEST WALLSEND 537 1220621 14 Pillar Street, WEST WALLSEND 532 1220621 15 Pillar Street, WEST WALLSEND 536 1220621 16 Pillar Street, WEST WALLSEND 533 1220621 17 Pillar Street, WEST WALLSEND 535 1220621 18 Pillar Street, WEST WALLSEND 534 1220621 19 Pillar Street, WEST WALLSEND 5 1180029 11 Robertson Street, WEST WALLSEND 401 1214240 3 Royalty Street, WEST WALLSEND 402 1214240 5 Royalty Street, WEST WALLSEND 403 1214240 7 Royalty Street, WEST WALLSEND 404 1214240 9 Royalty Street, WEST WALLSEND 405 1214240 11 Royalty Street, WEST WALLSEND 406 1214240 15 Royalty Street, WEST WALLSEND 407 1214240 17 Royalty Street, WEST WALLSEND 408 1214240 19 Royalty Street, WEST WALLSEND 409 1214240 21 Royalty Street, WEST WALLSEND 410 1214240 23 Royalty Street, WEST WALLSEND 411 1214240 25 Royalty Street, WEST WALLSEND 412 1214240 27 Royalty Street, WEST WALLSEND 413 1214240 29 Royalty Street, WEST WALLSEND 414 1214240 31 Royalty Street, WEST WALLSEND 415 1214240 33 Royalty Street, WEST WALLSEND 416 1214240 35 Royalty Street, WEST WALLSEND 417 1214240 37 Royalty Street, WEST WALLSEND 418 1214240 39 Royalty Street, WEST WALLSEND 419 1214240 41 Royalty Street, WEST WALLSEND 420 1214240 43 Royalty Street, WEST WALLSEND 421 1214240 45 Royalty Street, WEST WALLSEND 422 1214240 47 Royalty Street, WEST WALLSEND 423 1214240 49 Royalty Street, WEST WALLSEND 424 1214240 51 Royalty Street, WEST WALLSEND 425 1214240 53 Royalty Street, WEST WALLSEND 426 1214240 55 Royalty Street, WEST WALLSEND 564 1220621 56 Royalty Street, WEST WALLSEND 501 1220621 57 Royalty Street, WEST WALLSEND 563 1220621 58 Royalty Street, WEST WALLSEND 502 1220621 59 Royalty Street, WEST WALLSEND 503 1220621 61 Royalty Street, WEST WALLSEND 544 1220621 62 Royalty Street, WEST WALLSEND 504 1220621 63 Royalty Street, WEST WALLSEND 505 1220621 65 Royalty Street, WEST WALLSEND 506 1220621 67 Royalty Street, WEST WALLSEND 525 1220621 68 Royalty Street, WEST WALLSEND 507 1220621 69 Royalty Street, WEST WALLSEND
Lake Macquarie City Council Lot Deposited Plan Street Address 524 1220621 70 Royalty Street, WEST WALLSEND 508 1220621 71 Royalty Street, WEST WALLSEND 523 1220621 72 Royalty Street, WEST WALLSEND 509 1220621 73 Royalty Street, WEST WALLSEND 522 1220621 74 Royalty Street, WEST WALLSEND 510 1220621 75 Royalty Street, WEST WALLSEND 521 1220621 76 Royalty Street, WEST WALLSEND 511 1220621 77 Royalty Street, WEST WALLSEND 520 1220621 78 Royalty Street, WEST WALLSEND 519 1220621 80 Royalty Street, WEST WALLSEND 518 1220621 82 Royalty Street, WEST WALLSEND 512 1220621 89 Royalty Street, WEST WALLSEND 513 1220621 91 Royalty Street, WEST WALLSEND 514 1220621 93 Royalty Street, WEST WALLSEND 515 1220621 95 Royalty Street, WEST WALLSEND 516 1220621 97 Royalty Street, WEST WALLSEND 517 1220621 99 Royalty Street, WEST WALLSEND 565 1220621 Drainage Reserve, 81C Royalty Street, WEST WALLSEND 260 1197850 1 Steam Close, WEST WALLSEND 239 1197850 2 Steam Close, WEST WALLSEND 259 1197850 3 Steam Close, WEST WALLSEND 240 1197850 4 Steam Close, WEST WALLSEND 258 1197850 5 Steam Close, WEST WALLSEND 241 1197850 6 Steam Close, WEST WALLSEND 257 1197850 7 Steam Close, WEST WALLSEND 242 1197850 8 Steam Close, WEST WALLSEND 256 1197850 9 Steam Close, WEST WALLSEND 243 1197850 10 Steam Close, WEST WALLSEND 255 1197850 11 Steam Close, WEST WALLSEND 244 1197850 12 Steam Close, WEST WALLSEND 245 1197850 14 Steam Close, WEST WALLSEND 254 1197850 15 Steam Close, WEST WALLSEND 246 1197850 16 Steam Close, WEST WALLSEND 253 1197850 17 Steam Close, WEST WALLSEND 247 1197850 18 Steam Close, WEST WALLSEND 252 1197850 19 Steam Close, WEST WALLSEND 248 1197850 20 Steam Close, WEST WALLSEND 251 1197850 21 Steam Close, WEST WALLSEND 249 1197850 22 Steam Close, WEST WALLSEND 250 1197850 23 Steam Close, WEST WALLSEND 368 1185817 5 Tramway Drive, WEST WALLSEND 367 1185817 7 Tramway Drive, WEST WALLSEND 366 1185817 9 Tramway Drive, WEST WALLSEND 335 1185817 10 Tramway Drive, WEST WALLSEND 365 1185817 11 Tramway Drive, WEST WALLSEND 336 1185817 12 Tramway Drive, WEST WALLSEND 337 1185817 14 Tramway Drive, WEST WALLSEND 364 1185817 15 Tramway Drive, WEST WALLSEND 338 1185817 16 Tramway Drive, WEST WALLSEND
Lake Macquarie City Council Lot Deposited Plan Street Address 363 1185817 17 Tramway Drive, WEST WALLSEND 339 1185817 18 Tramway Drive, WEST WALLSEND 362 1185817 19 Tramway Drive, WEST WALLSEND 340 1185817 20 Tramway Drive, WEST WALLSEND 361 1185817 21 Tramway Drive, WEST WALLSEND 341 1185817 22 Tramway Drive, WEST WALLSEND 360 1185817 23 Tramway Drive, WEST WALLSEND 342 1185817 24 Tramway Drive, WEST WALLSEND 359 1185817 25 Tramway Drive, WEST WALLSEND 358 1185817 27 Tramway Drive, WEST WALLSEND 357 1185817 29 Tramway Drive, WEST WALLSEND 313 1185817 30 Tramway Drive, WEST WALLSEND 312 1185817 32 Tramway Drive, WEST WALLSEND 355 1185817 33 Tramway Drive, WEST WALLSEND 311 1185817 34 Tramway Drive, WEST WALLSEND 228 1197850 35 Tramway Drive, WEST WALLSEND 310 1185817 36 Tramway Drive, WEST WALLSEND 227 1197850 37 Tramway Drive, WEST WALLSEND 309 1185817 38 Tramway Drive, WEST WALLSEND 226 1197850 39 Tramway Drive, WEST WALLSEND 308 1185817 40 Tramway Drive, WEST WALLSEND 225 1197850 41 Tramway Drive, WEST WALLSEND 307 1185817 42 Tramway Drive, WEST WALLSEND 224 1197850 43 Tramway Drive, WEST WALLSEND 306 1185817 44 Tramway Drive, WEST WALLSEND 223 1197850 45 Tramway Drive, WEST WALLSEND 305 1185817 46 Tramway Drive, WEST WALLSEND 222 1197850 47 Tramway Drive, WEST WALLSEND 304 1185817 48 Tramway Drive, WEST WALLSEND 221 1197850 49 Tramway Drive, WEST WALLSEND 303 1185817 50 Tramway Drive, WEST WALLSEND 220 1197850 51 Tramway Drive, WEST WALLSEND 302 1185817 52 Tramway Drive, WEST WALLSEND 219 1197850 53 Tramway Drive, WEST WALLSEND 301 1185817 54 Tramway Drive, WEST WALLSEND 218 1197850 55 Tramway Drive, WEST WALLSEND 229 1197850 56 Tramway Drive, WEST WALLSEND 217 1197850 57 Tramway Drive, WEST WALLSEND 230 1197850 58 Tramway Drive, WEST WALLSEND 216 1197850 59 Tramway Drive, WEST WALLSEND 231 1197850 60 Tramway Drive, WEST WALLSEND 215 1197850 61 Tramway Drive, WEST WALLSEND 232 1197850 62 Tramway Drive, WEST WALLSEND 233 1197850 64 Tramway Drive, WEST WALLSEND 234 1197850 66 Tramway Drive, WEST WALLSEND 235 1197850 74 Tramway Drive, WEST WALLSEND 236 1197850 76 Tramway Drive, WEST WALLSEND 237 1197850 78 Tramway Drive, WEST WALLSEND 238 1197850 80 Tramway Drive, WEST WALLSEND
Lake Macquarie City Council Lot Deposited Plan Street Address 2 1219091 60A Tramway Drive, WEST WALLSEND 261 1197850 Drainage Reserve, 68C Tramway Drive, WEST WALLSEND 12 8910 90 Withers Street, WEST WALLSEND 201 1197850 92 Withers Street, WEST WALLSEND 202 1197850 94 Withers Street, WEST WALLSEND 203 1197850 96 Withers Street, WEST WALLSEND 204 1197850 98 Withers Street, WEST WALLSEND 205 1197850 100 Withers Street, WEST WALLSEND 206 1197850 102 Withers Street, WEST WALLSEND 122 1197851 103 Withers Street, WEST WALLSEND 207 1197850 104 Withers Street, WEST WALLSEND 121 1197851 105 Withers Street, WEST WALLSEND 208 1197850 106 Withers Street, WEST WALLSEND 120 1197851 107 Withers Street, WEST WALLSEND 209 1197850 108 Withers Street, WEST WALLSEND 119 1197851 109 Withers Street, WEST WALLSEND 210 1197850 110 Withers Street, WEST WALLSEND 118 1197851 111 Withers Street, WEST WALLSEND 211 1197850 112 Withers Street, WEST WALLSEND 117 1197851 113 Withers Street, WEST WALLSEND 212 1197850 114 Withers Street, WEST WALLSEND 116 1197851 115 Withers Street, WEST WALLSEND 213 1197850 116 Withers Street, WEST WALLSEND 115 1197851 117 Withers Street, WEST WALLSEND 114 1197851 119 Withers Street, WEST WALLSEND 113 1197851 121 Withers Street, WEST WALLSEND 112 1197851 123 Withers Street, WEST WALLSEND 111 1197851 125 Withers Street, WEST WALLSEND 110 1197851 127 Withers Street, WEST WALLSEND 109 1197851 129 Withers Street, WEST WALLSEND 108 1197851 131 Withers Street, WEST WALLSEND 107 1197851 133 Withers Street, WEST WALLSEND 106 1197851 135 Withers Street, WEST WALLSEND 105 1197851 137 Withers Street, WEST WALLSEND 104 1197851 139 Withers Street, WEST WALLSEND 103 1197851 141 Withers Street, WEST WALLSEND 102 1197851 143 Withers Street, WEST WALLSEND 101 1197851 145 Withers Street, WEST WALLSEND
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Report to Council City Strategy Committee Meeting 9 February 2015 15STRAT002 Appletree Grove Estate, West Wallsend Draft Amendment to Lake Macquarie Local Environmental Plan 2014 and Development Control Plan 2014 Council Ref: F2014/00876/04 D07036639 Report By: Strategic Landuse Planner Tahlia Alexander Précis: In 2012, the Hunter and Central Coast Joint Regional Planning Panel (JRPP) approved the subdivision of Appletree Grove Estate, adjacent to the existing township of West Wallsend, a former mining town with heritage significance. A condition of approval required new dwellings in the subdivision to comply with the Heritage and Urban Design Guidelines prepared specifically for the estate. Under the provisions of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP), dwellings can be approved through the Complying Development process without regard to covenants that require compliance with specific development controls, such as the Heritage and Urban Design Guidelines. The Department of Planning and Environment approved a temporary exclusion from Complying Development for the Appletree Grove Estate. The temporary exclusion was granted to allow Council time to undertake a Heritage Study to determine whether the Appletree Grove Estate has merit to be included in the West Wallsend Heritage Conservation Area, thereby excluding the subject land from Complying Development provisions in the Codes SEPP. This report seeks a resolution to amend Lake Macquarie Local Environmental Plan 2014 (LMLEP 2014) by amending the Heritage Map to include the Appletree Grove Estate in the West Wallsend Heritage Conservation Area. In addition, it is proposed to incorporate the principles of the Heritage and Urban Design Guidelines into the West Wallsend and Holmesville Area Plan contained in Part 11 Heritage Area Plans of Lake Macquarie Development Control Plan 2014 (LMDCP 2014). Recommendation: Council resolves to: A. Prepare a Planning Proposal to amend Lake Macquarie Local Environmental Plan 2014 by changing the Heritage Map (Sheet HER _008B) to include the Appletree Grove Estate in the West Wallsend Heritage Conservation Area, as shown in Attachment 1. B. Request a Gateway determination from the Department of Planning and Environment pursuant to the Environmental Planning and Assessment Act 1979 in relation to the Planning Proposal (Attachment 2). C. Prepare an amendment to the West Wallsend and Holmesville Area Plan contained in Part 11 Heritage Area Plans of Lake Macquarie Development Control Plan 2014 (LMDCP 2014) to incorporate the requirements of the Heritage and Urban City Strategy Committee Meeting 9 February 2015 24
Design Guidelines for the Appletree Grove Estate, as shown in Attachment 3. D. Place the Planning Proposal and proposed amendment to LMDCP 2014 on exhibition for a minimum period of 28 days, subject to the outcome of the Gateway determination. E. Notify stakeholders and affected landowners of the Gateway determination and public exhibition of the Planning Proposal and draft amendment to LMDCP 2014. Background: West Wallsend is an example of a nineteenth century mining town. Holmesville, located in close proximity to West Wallsend, owes its existence to the same historical mining activity of West Wallsend. West Wallsend and Holmesville include a number of listed Heritage Items and most of the established areas of West Wallsend are located within the West Wallsend Heritage Conservation Area (HCA) under the LMLEP2014. In addition, some areas of West Wallsend and Holmesville are located within a Heritage Precinct under Part 11- Heritage Area Plans West Wallsend and Holmesville of LMDCP 2014. Development Application In February 2011, Council received a Development Application (DA/113/2011) for a 375 lot residential subdivision, in nine stages, known as the Appletree Grove Estate. The development surrounds the existing residential areas of West Wallsend and Holmesville and directly adjoins the West Wallsend HCA. The consent authority for the DA was the JRPP. The assessment process for the subdivision was complex due to a range of issues including European heritage, Aboriginal heritage, ecological impacts, and visual impacts. When the DA was first reported to the JRPP in November 2011, the JRPP resolved to defer the matter and requested the applicant address a number of issues. One of the issues was detailed building and urban design guidelines for the estate to mitigate heritage and visual impacts. In July 2012, the JRPP approved of the subdivision subject to conditions. One of the conditions of the consent is that a public positive covenant be registered on the title of all lots, to require all dwellings within the estate to comply with the Heritage and Urban Design Guidelines (HUDG) prepared by RobertsDay, dated June 2012. A map of the subject land and a staging plan of the approved subdivision is shown in Figure 1. City Strategy Committee Meeting 9 February 2015 25
Complying Development Issues Figure 1 Appletree Grove Estate Staging Plan While there is a legal obligation under the Conveyancing Act 1919 for owners of the residential lots created by subdivision to ensure that their new dwellings complied with HUDG, this was not supported by the Codes SEPP, which at the time, allowed Principal Certifying Authorities, such as private certifiers, to lawfully issue Complying Development Certificates for new dwellings without regard to the HUDG. As a result, Council staff wrote to the NSW Department of Planning and Infrastructure (now Department of Planning and Environment) requesting a local exclusion for Complying Development for the Appletree Grove Estate from the Codes SEPP. In August 2013, the Department of Planning and Environment (DoPE) permitted a temporary exclusion from Part 3 General Housing Code of the Codes SEPP for the estate. In their letter to Council, DoPE stated: Although a certifying authority may issue a complying development certificate for development that is not consistent with the public positive covenant, the requirements of the covenant still apply. Each owner must still ensure that any development undertaken on their lot conforms to the Heritage and Urban Design City Strategy Committee Meeting 9 February 2015 26
Guidelines and that their obligations under the covenant are met. However, the department is currently finalising an amendment to the Codes SEPP that will include provisions that suspend covenants that mandate development standards in conflict with those specified in the Codes SEPP. This is consistent with the approach under the Standard Instrument Order and will ensure that where a lot meets the requirements for complying development, an owner can use the Codes SEPP to erect a single or two-storey dwelling house. Given these factors, the department is agreeable to allowing a temporary exclusion to be inserted into the Codes SEPP for the West Wallsend subdivision, which will preclude complying development under Part 3 General Housing Code of the Codes SEPP. This exclusion will be included into the upcoming amendment to the Codes SEPP and cease on 30 November 2015. This temporary exclusion is being made to allow Council time to undertake a study into the West Wallsend subdivision and assess whether it would be more appropriate to include the area as a heritage conservation area in their Standard Instrument Local Environmental Plan. The Codes SEPP was amended on 22 February 2014 by inserting Clause 1.20, which suspends covenants that require compliance with standards more stringent than its own, such as the HUDG for Appletree Grove Estate. Consequently, there would be no obligation for landowners within the estate to comply with the public positive covenant through the Complying Development approval process after the temporary exclusion from the Codes SEPP expires. Exclusions to Complying Development - Options Investigated Council staff investigated a number of possible options for precluding the estate from Complying Development under the Codes SEPP to ensure that development is carried out in accordance with the HUDG thereby protecting the heritage significance of West Wallsend. Land can be excluded from complying development under the Codes SEPP in two key ways: 1. Local Exclusions Councils may seek local exclusions through a nomination process outlined by the DoPE. These can be either zone based, contained within an environmental planning instrument, or be a precinct in a policy or plan as having particular unique attributes that may require a merit-based assessment through a DA. Where there is an area that Council would like to be excluded from Complying Development, a council may nominate the area and seek approval from the Minister for Planning for the local exclusion, but applications can only be made when the DoPE calls for local exclusion nominations. The Local Exclusion and Variations Panel review the nominations and a recommendation is made to the Minister for Planning. Enquiries have been made with the DoPE on whether there would will be a call for local exclusion nominations in the next 12 months. The DoPE advised that are unable to give a timeframe for the next call for local exclusion nominations. As a result, this option cannot be pursued now. 2. Clause 1.19 of Codes SEPP Clause 1.19 of the Codes SEPP identifies that Complying Development cannot be carried out where: Land is within a HCA (Heritage Conservation Area) or draft HCA. Land is reserved for a public purpose. City Strategy Committee Meeting 9 February 2015 27
Land is mapped as containing Class 1 or 2 Acid Sulfate soils. Land is subject to a Biobanking Agreement. Land is identified as being affected by a coastline hazard, coastal hazard, coastal erosion hazard or land within a foreshore area. Land is affected by aircraft noise (higher than 25 ANEF contour). Land is unsewered. Land is identified in an environmental planning instrument as being within a buffer area, river front area, ecologically sensitive area, protected area or environmentally sensitive land. The estate is not currently affected by any of the land-based exclusions stipulated in Clause 1.19 of the Codes SEPP. The only land-based exclusion that could apply to the subject land, aside from land being within a HCA, is environmentally sensitive land. There is no definition or criteria for what land constitutes environmentally sensitive land, however existing land mapped as environmentally sensitive land in LMLEP 2014 predominantly comprises land that is of high ecological value. The subdivision s visual impact on the built environment was identified as an issue during the assessment of the DA and mitigated through the application of the HUDG which specifies the required tree planting, colour palates, and fence materials for all dwellings within the Appletree Grove Estate. Advice was sought from the local DoPE office regarding the proposal to include the estate as environmentally sensitive land. The DoPE advised that it would be difficult to justify including the areas as environmentally sensitive land. Therefore, the appropriate option to preclude the estate from Complying Development is to include the subject land in the West Wallsend HCA, which is discussed in the following section of this report. West Wallsend and Holmesville Background Heritage Study In June 2013, prior to DoPE granting a temporary exclusion to the Codes SEPP, Council made an application to the Heritage Division of the NSW Office of Environment and Heritage for funding to undertake a heritage background study. The purpose of the West Wallsend and Holmesville Background Study (Heritage Study) was to commence a process to review the existing planning controls in West Wallsend and Holmesville. Council was successful in receiving funding and engaged a Heritage Consultant to prepare the Heritage Study. Given the application for grant funding was made prior to the Complying Development issues with the Appletree Grove Estate coming to Council staff s attention, the scope of work for the Heritage Study largely focuses on reviewing the planning controls of West Wallsend and Holmesville in a broader manner. As such, the preparation of the Heritage Study was not focused on the Complying Development issues associated with the Appletree Grove Estate and any resulting potential adverse impacts. The Heritage Study has now been finalised and recommends that stage 1, stage 9 and part of stage 2 are included in the West Wallsend HCA as shown in Figure 2. The areas of the Appletree Grove Estate that are recommended to be included in the HCA are primarily located at the two main entry points to the town; Withers Street and Carrington Street. The Heritage Study s justification and recommendation for the proposed West Wallsend HCA is included below: 11.3.5 Recommendations for Boundaries of the Conservation Area West Wallsend City Strategy Committee Meeting 9 February 2015 28
1. All those precincts assessed and mapped in Carste STUDIO s Heritage Background Study should be included in the conservation area. 2. New subdivision areas Stage 1 and parts of Stage 2 are recommended for inclusion in the West Wallsend Heritage Conservation Area. These subdivisions are assessed as important in their location and the potential to impact on the conservation area and precinct WW4. Stage 1 and parts of Stage 2 subdivision are located at the southern entrance to West Wallsend on a main axial street within West Wallsend, Withers Street. The views from Withers Street, both the internal following the curvilinear form of this street and distant vistas of Sugarloaf are assessed as significant within the conservation area. Hence any new development in Stage 1 and identified parts of Stage 2 has the potential to enhance or detract from these important views and significance values of Precinct WW4. 3. New subdivision area Stage 9 is recommended for inclusion in the West Wallsend Heritage Conservation Area. This subdivision is assessed as important in its location and has the potential to impact on the conservation area. Stage 9 subdivision is located at the eastern entrance to West Wallsend and is an extension of Carrington Street, a main axial street at this eastern entrance and through West Wallsend. The views from Carrington Street approaching West Wallsend, both internal townscape and distant vistas of Sugarloaf have been assessed as significant. Hence any new development in Stage 9 has the potential to enhance or detract from these important views and significance values of Precinct WW2. 4. The proposed West Wallsend Heritage Conservation Area is shown on West Wallsend Precinct Map and Heritage Conservation Area in Appendix B. In consultation with Council s Heritage Planner Heritage Focus, the Heritage Study s recommendation regarding the Appletree Grove Estate have been reviewed. It is considered that the potential visual impact on the existing HCA would be mitigated if all dwellings within the estate were constructed in accordance with the HUDG. However, the provisions of the HUDG to lessen the impact on the HCA will not be enforceable after 30 November 2015, when Complying Development will again be permissible. The impact of the development in remaining stages of the estate on the HCA will then be significantly increased. Using this rationale, it is considered that development in all stages of the estate would have a potential adverse visual impact on the heritage character of West Wallsend. The impact of the whole estate on the West Wallsend HCA was subject to extensive assessment and conditional determination of the JRPP requiring the HUDG to be registered as a public positive covenant on all lots within the estate. Relevant excerpts from the subdivision DA documents are included below: Council Heritage Referral 1 March 2011 Page 3: Appropriate controls for subsequent future housing are not assured as the current housing SEPP provisions are not in line with the values of the area and do not meet the objectives of the West Wallsend / Holmesville Heritage Precinct and the objectives for managing impacted heritage items and provisional heritage items. It is therefore considered necessary to require specific development controls for this subdivision, backed where necessary by a set of appropriate covenants, to be able to achieve and implement provisions for appropriate housing forms. Page 8: City Strategy Committee Meeting 9 February 2015 29