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(submitted Wed 28 Aug 2002)
As you are aware earlier this year I sought to gain the support of my fellow councillors to urgently progress towards seeking an exemption from SEPP 5 Aged Housing for parts of our city that are zoned 2a(i), 7a, 7b, 7c and 7d - and for me disappointingly this was not supported by a majority of councillors - ie both ALP and Independent - at Council's May 2002 meeting where it had been decided to pursue this matter concurrently with the City Futures - Future Strategies program which may take several years to complete.
I am now aware that a number of councillors may now be reconsidering their thoughts on this matter
Therefore
I would like to submit the following notice of motion to be considered at the September 2002 meeting of Wollongong Council:
"That, noting the following points :
1. SEPP 5 - Aged Housing, allows medium density up to 75% floor space ratios, well above council's usual maximum of 50% and that this 75% fsr is permitted even in areas where medium density is not normally permitted
2. Fundamentally the objectives of 2a(i), 7a, 7b, 7c & 7d zonings covering environmentally sensitive land are inconsistent with medium density developments with floor space ratios of the order of up to 75% - ie substantially higher than medium density allowed in 2b and 2a zones
3. Council has been in receipt of proposals for SEPP 5 development with floor space ratios of up to 70% at various locations in the city, including on 2a(i) land where medium density is normally not permitted
4. The ready availability of 2b land zoned for medium density through much of the Wollongong City Council area which would be more compatible with SEPP 5 developments than 2a(i), 7a, 7b, 7c & 7d zonings - ie in such 2b zones services such as shops, doctors, public transport, leisure and recreational facilities are generally more readily available and the often flatter land topography in many 2b zoned areas may be more suitable for aged pedestrians and encourage increased mobility of aged citizens
5. Specifically in regard to 2a(i) zoned land - the views of DUAP when it supported the creation of 2a(i) residential zoning in the Wollongong Council area , ie in Draft Local Environmental Plan 94/24 back in 1995 & 1997.
ie In 1997 it was stated in Rec 5 of Planning Committee - 3/2/1997 page 34ff "Draft Local Environmental Plan 94/24 is aimed at limiting development in the northern suburbs of Wollongong to take into account the special environmental qualities of the area, the existence of environmental hazards, limited supply of infrastructure and the lack of adequate utility services."
In 1995 it was stated in Recommendation 1 of Planning Committee !3 June 1995 page 1ff "The Department of Urban Affairs and Planning have advised that their preferred approach to the Draft LEP (ie 94/2) would be to rezone the subject land to a zone which would provide stronger zone objectives and allow for more stringent assessment of the environmental impacts of development applications.
As highlighted in the previous report to Council the narrow coastal strip from Austinmer to Stanwell Park has long been recognised as an environmentally sensitive area for a number of reasons including geological instability, high rainfall propensity and the prevalence of numerous creeks which carry large volumes of water.
While the subject land possesses similar qualities similar to other 7(c) areas, in addition it is encumbered by the lack of reticulated sewerage (over 60% of the land) the limited provision of infrastructure such as public transport, shopping centres, health/community centres and post offices, the high proportion of land considered unstable (78% between Headlands Austinmer and Scarborough), the prevalence of numerous creeks, history of landslip and the lack of capacity to upgrade roads and drainage systems to adequately meet significantly increased densities. Accordingly, it is recommended that the land between Headlands Avenue Austinmer and the Helensburgh Study Area which is currently zoned 2(a) be rezoned to a new zone 2(ai) (Special Environmental Protection Residential) as shown in Attachment 4."
6. Concerns being expressed in other local government areas and also within Wollongong that some of the SEPP5 proposals may not appear to be necessarily genuinely destined for aged housing and will revert back to conventional medium density housing - effectively providing a loophole for developers to extract higher development levels
7. SEPP 5 arguably could lead to greater pressures on council's flood management resources which are already acknowledged to be in need of upgrading as per the eight DLWC funded flood studies being carried out across the city - - particularly for stormwater systems in areas where medium density is not permitted because of the inadequate stormwater infrastructure
8.In March 2002, the Director-General, Sue Holliday has written to all councils in NSW advising them of the process for seeking exemption from SEPP 5 - Housing for Older People and People with a Disability.
9. The objectives of SEPP5 make provision for SEPP 5 not to apply on environmentally sensitve land - ie "Aims to increase the supply and choice of housing for older people or people with a disability. Such housing is permitted, with council consent, wherever houses, flats, hospitals or 'special uses' are permitted in or adjoining urban areas, except for some environmentally sensitive lands. "
10. The land where SEPP 5 does not apply according to legislation (refer
http://www.austlii.edu.au/au/legis/nsw/consol_reg/seppn5hfopopwad873/s4.html)
- according to SEPP 5 Part 4 - Section (2), ie
STATE ENVIRONMENTAL PLANNING POLICY No 5 HOUSING FOR OLDER PEOPLE OR PEOPLE WITH A DISABILITY - SECT 4
(2) This Policy does not apply to:
(a) land described in Schedule 1 (Environmentally sensitive land),
(b) the land to which Sydney Regional Environmental Plan No 17 Kurnell Peninsula applies.
11. Schedule 1 to SEPP5 lists the exemption criteria for SEPP 5 for environmentally sensitive land
(http://www.austlii.edu.au/au/legis/nsw/consol_reg/seppn5hfopopwad873/sch1.html)
ie
STATE ENVIRONMENTAL PLANNING POLICY No 5 HOUSING FOR OLDER PEOPLE OR PEOPLE WITH A DISABILITY - SCHEDULE 1
SCHEDULE 1 Environmentally sensitive land
(Clause 4 (2))
Land identified in another environmental planning instrument by any of the following descriptions or by like descriptions or by descriptions that incorporate any of the following words or expressions:
coastal protection
conservation (but not land identified as a heritage conservation area in another environmental planning instrument)
critical habitat
environment protection
open space
escarpment
floodway
high flooding hazard
natural hazard
high bushfire hazard
scenic (but not land that is so identified if:
(a) the land is within a residential zone in which development of two storeys or more in height is permitted, or
(b) an adjacent residential zone, also identified as scenic, permits development of two storeys or more in height)
water catchment
natural wetland
12. Notwithstanding Council's previous position as resolved at May 2002 meeting not to undertake an urgent review of its applicability to SEPP 5 and that instead Council resolved as follows .. A study be completed addressing the specific needs, preferences and supply of housing for older persons and persons with a disability in conjunction with the 'Wollongong Futures' - City Strategy addressing appropriate zones in which these developments can occur.
13. Advice from the Director Environment and Planning that Wollongong Futures City Strategy will take several years to complete and hence several years before Council would be applying to Planning NSW for any exemption in regard to SEPP5.
14. At its July 2002 meeting Council resolved to give high priority to a SEPP 5 review as one of the tasks for the Strategic Planning Division - overruling the recommendation by the Director Environment & Planning that a SEPP 5 only be given a low priority - and this was confirmed at the August 2002 meeting of council explicitly when the minutes of the July meeting were confirmed.
Therefore
I move that
1. Council initiate discussions with the Regional Manager - Planning NSW - in regard to Council to commence immediately the potential preparation of a DCP covering the scale of SEPP 5 developments in 2a(i), 7a, 7b, 7c & 7d - ie reflecting current environment protection and development planning instrument standards in these environmentally sensitive zones,
2. Council commence immediately to obtain exemptions from SEPP 5 in 2a(i), 7a, 7b, 7c and 7d zones on the grounds of environmental sensitivity - in line with Schedule 1 of SEPP5, particularly where for proposals which are totally inconsistent with establishing council planning instruments where medium density is not permitted on environmental grounds.
3. The assistance of the State Members, Ian McManus, David Campbell, Colin Markham and Marianne Saliba be sought in gaining these exemptions
Cr Kerrie Anne Christian
Councillor for Ward 1
Submitted Wed Aug 28 2002
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