INVITATION TO COMMENT - NSW DEPT PLANNING DRAFT STANDARD LEP

The Department of Planning has prepared a Draft Standard LEP which is now on public exhibition until Friday 28 October 2005. Submissions will be accepted until COB Friday 4 November 2005.

Full details of the draft document can be found at http://www.planning.nsw.gov.au/planning_reforms/index.html

This forum has been set up to generate community discussion on the
Draft Standard LEP.

There is a real opportunity for discussions on this forum to provide the basis for a coordinated response to the Draft Standard LEP by Sydney community groups. An opportunity also exists for your recommendations to be presented to the Sydney Metro Catchment Management Authority.

Please join us in this forum.

Regards,
Marnie Kikken
Community Support Officer (Community Development)
Sydney Metro CMA.
(02) 9279 2466
mkikken@nccnsw.org.au

This draft is intended to streamline the Local Council DA process and be a major tool in the implementation of all the regional and city strategies and plans the community has been working on for years. If community communicates on items of interest we can make a positive input. e.g Item 27 (compulsory) refers to community "use" of educational establishments and chilcare facilities whether or not use is a commercial use of the land" I would like to see 'use" defined eg does it include/exclude community markets, car parking . Will Council decide on and collect the charges for State owned educational establishments. I am looking for a website that we can evenutally download submissions for public viewing before the 4th November. Regards Coleen Greene

This post has been edited by Marnie Kikken: Oct 6 2005, 07:31 AM

You are welcome to post or upload documents to Envirotalk. We have a high rate of traffic and anything you do put here is searchable by search engines and thus can be found by people that way as well as by visiting us directly.

I will also forward this on to other groups I know.

From, http://www.planning.nsw.gov.au/planning_reforms/index.asp



Please visit the website for more.

- Stephen

Hi all,

To facilitate an effective discussion can those posting replies please include their name and organisation / council area and a reference to which item of the Draft Standard LEP they are referring to eg "Part 4 Item 2". with their comments.

Many thanks,
Marnie Kikken

Hi all,

Thank you to all of those who have visited this discussion forum.

I am hoping to coordinate and submit a community response to the Draft Standard LEP but in order to do that I will need to start receiving your comments for discussion! Even if it is only a paragraph please start posting...

The closing date for submissions is approaching and time is of the essence.

The Community Builders website also has a discussion on the Draft Standard LEP with requests for info on any council/community workshops and/or focus groups happening? The NCC can organise an evening to discuss the Draft Standard LEP if enough interest is generated.

Many thanks,
Marnie
02)9279 2466
mkikken@nccnsw.org.au

LEP does not include the compulsory requirement to advertise the Development Application. Not all Councils directly notify adjoining owners and occupants of all development application. The small on site yellow notice with listing in the local paper (minimum requirement) is sometimes the only public advertising.

LEP should include procedures (template) for those making an objection to a development.

Item 54 - This advice on how to apply for approval for contravention to the development standards should be balanced with advice on processes for objecting to the contravention of development standards. Coleen Greene ph 93445722

PEAK ENVIRONMENT GROUP RESPONSE

The NSW Government has recently launched a draft standard template for Local Environmental Plans (LEPs). The standard will be used by all local council’s across the state. They will be required to refine their current planning controls into one new LEP in the next 2-5 years. Having one LEP per local government area (LGA) will help to coordinate the current ad-hoc nature of planning controls in some LGAs and improve the standards for others.

However, the draft standard template has major flaws, particularly in regard to environmental protection. There are some positive environmental protection provisions – the most obvious being (where they apply) coastal protection, tree preservation orders and the banning of sand mining in the coastal zone. However important matters are to be “considered” and do not carry the real legislative strength required to ensure environmental values are protected.

The key concerns with the document are outlined below:

Residential Zones
• Rural Residential as a zone should be removed altogether
• There is no control for lot sizes under any of the residential zonings. The exact definition of residential densities is at the discretion of council’s with only the zoning objectives as a guide

Investigation Zone
• Can be used for either future development or conservation. It will be used to encourage land development speculation, clearing and any number of uses could be requested for this zone. It should be deleted

Environment Protection Zones (EPZs)
• The template’s matrix table allows a broad range of incompatible and high impact uses in EPZs. In comparison, the recreation zones prohibit more uses than does the EPZ. Development must be prohibited in all EPZ’s
• Scope of the zones is limited and should be broadened to allow for more conservation sub-categories e.g. Conservation (bushland), Conservation (Floodplain), etc.
• Waterways/watercourses zone applies only to the water itself. A Riparian Protection Zone and a Foreshore Protection Zone (or subzones) must be added to the waterways section.
• Councils should have the ability to remove permissible uses from EPZs.

Special Uses Zones
• The Special Uses zone is not clearly defined and is designed to cover anything that is not covered by any other zone. This leaves it open to interpretation by each council.

Clause 43 – Development in near zone boundaries
• This clause must be removed as it gives councils and developers rights to extend development into adjacent environmental protection zones.

Clause 46 - Tree preservation orders
• These are compulsory but it is up to councils to define a ‘tree’, so very little may be protected.

Daniela Gambotto
Nature Conservation Council
02) 9279 2466
dgambotto@nccnsw.org.au

"Existing Use Rights" EP&A Regulation 41 (1) has been omitted.!
That is to be applauded assuming its omission indicates it is not to be implemented. However in case it is overlooked it is recommended the Government repeal the regs. cheers Coleen Greene ph 93445722

Please find attached a summary of the LEP standard template (for quick reference) provided by the Total Environment Centre.

SUMMARY OF LEP STANDARD INSTRUMENT

TOTAL ENVIRONMENT CENTRE INC.LEVEL 2, 362 KENT STREET, SYDNEY, NSW 2000 Ph: 02 9299 5599 - 02 9299 5680 Fax 02 9299 4411

LEP Standard Template – Summary (28/10/05)
A draft “Standard Instrument (Local Environment Plans) Order 2005” is out for public comment until November 4 2005. The Government intends to have it in place by the end of this year. The instrument provides a standard format of zones and provisions for the preparation of LEPs by all councils in New South Wales. Within the next 2-5 years all NSW councils will be expected to prepare a new LEP, using the standard format, to cover their entire LGA. This will replace all existing LEPs.

WHAT WILL BE IN A STANDARD LEP?
The LEP Template identifies mandatory standards and provisions that are either "compulsory" or "optional" to be included in LEPs. These include items such as zones, prohibited and permitted zone uses, standards on tree preservation, heritage, exempt development standards and more. There is also a “dictionary” of definitions.

ZONES AND LAND USES
There are 25 zones in the Standard LEP. Councils are not able to add their own zones or subzones. The 25 zones list mandated land uses as either permissible or prohibited in particular zones. There are also many land uses that aren’t listed as either permitted or prohibited in each zone, leaving councils free to choose to add them if they like. They cannot however delete any uses. Councils choose where to apply the zones in their LGA.

The zone categories are:
Residential: Low Density, Medium Density, High Density, Rural Residential
Rural: Agriculture, Intensive Agriculture, Rural Small Holdings, Investigation Business: Neighbourhood business, Local Centre, Mixed Use, Commercial Centre, Enterprise Corridor
Industrial: Light Industrial, General Industrial, Heavy Industrial, Business/Technology Park
Recreation: Local Open Space – Public, Local Open Space – Private, Regional Open Space
Environment Protection: Natural Areas (National Parks), Waterways/Watercourses (defined as the water only), Conservation (covers all areas of environment protection).

There is also a “Special Areas” zone which allows councils to apply any extra land use that hasn’t been listed under the Template and for infrastructure and facilities which are not defined. Councils can also choose to apply land uses to unzoned land if that use is compatible with adjacent land uses. Each zone has a list of objectives, which are fairly vague in most cases leaving them open to interpretation. For example some zones, such as Waterways, Rural Residential, Special Uses and Investigation have objectives that allow for development or environment protection.

SEPPS AND REPS/REGIONAL STRATEGIES
The Standard LEP will also incorporate State Environment Planning Policy (SEPP) and Regional Strategy or Regional Environment Plan (REP) within the new LEPs. A number of SEPPs have already been reviewed and partially or fully incorporated into the Standard LEP so they can be incorporated into the LEPs developed by councils. These include: SEPP 1 - Development Standards; SEPP 21 - Caravan
Parks and SEPP 71 – Coastal Protection.

Eventually all SEPPs will be changed and fully or partly incorporated into the Standard LEP. Once these provisions are in the new LEPs, the SEPP will no longer apply to that LGA. There will also be a shift away from using REPs and greater emphasis on developing and incorporating provisions of Regional Strategies. These are already being developed in a number of regional areas, particularly on the coast. They will influence the Standard LEP by identifying general areas for development, infrastructure needs and environment protection. A Standard LEP can still be amended once completed as is the current case.

MISCELLANEOUS (COMPULSORY AND OPTIONAL) PROVISIONS (STANDARDS)
These are a mix of the partial or full incorporation of existing SEPPs into the Standard LEP and new provisions, many of which relate to environmental protection: However most of the environment protection provisions only require councils to “consider” the environmental issue before giving development consent.

Examples of provisions are:
* Exceptions to Development Standards which is incorporated from SEPP 1 that allows flexibility in development standards.
* Development in the Coastal Zone which brings objectives and matters to be considered under SEPP 71 over but leaves out the more detailed parts that laid down clearer rules.
* Foreshore building lines – restricts development on foreshores, but only where councils have set a foreshore building line
* Sandmining – bans sandmining in sensitive coastal locations
* Preservation of Trees – makes TPOs or equivalent compulsory on land not covered by the Native Vegetation Act.
* Waterbodies and riparian land – councils have to consider impacts on waterways, banks and riparian zones when considering development proposals

There is also a provision on Bushfire hazard reduction that states no consent is required on any land for bushfire hazard reduction.

PLEASE SEE BELOW FOR RECOMMENDED CHANGES TO THE LEP STANDARD INSTRUMENT, PROVIDED BY THE TOTAL ENVIRONMENT CENTRE.

TOTAL ENVIRONMENT CENTRE INC. LEVEL 2, 362 KENT STREET, SYDNEY, NSW 2000 Ph: 02 9299 5599 - 02 9299 5680 Fax 02 9299 4411

LEP STANDARD TEMPLATE – RECOMMENDATIONS (28/10/05)

ZONES
The LEP Template should clearly list prohibited and permitted land uses in all zones according to that zone’s objectives.

ENVIRONMENT PROTECTION ZONES
• The Environment Protection Zones should be expanded to allow for additional “subzones” that protect environmentally fragile lands. Zones that could be added include but are not limited to: foreshore; wetland; riparian; escarpment; significant vegetation (named) - eg littoral rainforest; heath; saltmarsh etc
• Councils should also be able to add their own Environment Protection "subzones" that clearly depict the reasons for the zoning Natural Areas and Conservation
• Land uses in National Parks (Natural Areas) (under DEC management) should not be listed in Local Council LEPs. Delete the Natural Areas column – along with all the land uses that councils can choose to add - from the Land Use table.
• All Environment Protection Categories must be made “No Go” zones that clearly list ALL uses as prohibited except for roads and public utility installations and undertakings (as permitted). Waterways/Watercourses
• Waterways and Watercourses should be separated into two different zones - natural watercourses and developed waterways (eg canals, ports)
• The objective that allows for water-based and foreshore development should only apply to developed waterways.
• The definition of Watercourses should be expanded to encompass lakes, estuaries, riparian zones and foreshores to more adequately protect aquatic ecosystems.

RESIDENTIAL ZONE CATEGORIES
• The LEP Template should limit the use of low density to areas within existing urban/ village/town centres to avoid sprawl.
• Rural Residential zoning should only be applied to land that is currently zoned Rural Residential

RURAL ZONE CATEGORIES
• Rural zones should clearly limit and define the location, number and type of dwelling houses permitted.
• All land uses that are not specifically for agricultural or rural small holding purposes should be listed as prohibited in all Rural zones
• The Investigation zone should be deleted. SPECIAL AREAS ZONES
• The Special Uses zone should be deleted.
• “Infrastructure” and “facilities” should be clearly defined so they do not become a category for a broad range of inappropriate uses.

SUGGESTED ADDITIONAL ZONE CATEGORY
Natural Hazards Zone – the LEP Template working paper included a Natural Hazards Zone to cover floodprone land. This should be reinserted

MISCELLANEOUS (COMPULSORY AND OPTIONAL) PROVISIONS (STANDARDS)

SEPPs (general)
• All SEPPs should be listed in a schedule to the standard LEP with web links for further detail
• It should be clearly stated to which SEPP each of the provisions apply where they have been inserted in the LEP.

Development within the coastal zone (SEPP 71)
The SEPP 71 standards should be strengthened so they are not just considerations. They should be made "conditions precedent to a decision".

Temporary use of land -
should be clearly stated what is acceptable as a temporary use and in which zones. There should be a limit on the number of times the period for temporary use can be renewed.

Foreshore building line –
• A distinction should be made between eg highly built up city waterways and natural environmentally fragile aquatic systems.
• The Foreshore Building Line should apply to all councils and a guide to distance should be included.
• Swimming pools, house extensions and other high impact uses should not be permitted beyond the foreshore building line.

Development near zone boundaries -
This should be deleted.

Preservation of Trees -
• As the Native Vegetation Act does not cover non-rural zoned land, this clause should include all Native Vegetation (not just trees) , clearly defined
• The Clause should be renamed Preservation of Native Vegetation
• "Native Vegetation Clearing" should be defined as a land use.

Heritage Conservation -
Considerations should be changed to "conditions precedent to a decision".

Waterbodies and Riparian Land -
• There should be a minimum-width definition for riparian land
• There is a need to differentiate between city (Harbour and canals eg) and the fragile and highly pressured waterways and riparian areas outside the city on the coast, mountains and in rural areas
• There should be a clause concerning retention of riparian vegetation with an explanation as to its importance for water quality and habitat reasons.

Development on Flood Prone Land -
• All (relevant) councils should be required to have Flood Prone Land Maps
• The provision should be strengthened to avoid inappropriate development on flood prone. "Considerations" should be changed to "conditions precedent to a decision". (alternatively the use of a Natural Hazards Zone would help protect flood prone land)

Exemptions to Development Standards (was SEPP 1) -
The onus should be on a developer to fit in with stated standards rather than standards being altered to suit a developer. This clause should be deleted.

Bushfire hazard reduction -
Bushfire Hazard Reduction should require some form of consent that enables consideration of environmental matters.

If you found this discussion forum useful for preparing your submission on the LEP standard instrument please let me know!

Marnie Kikken
mkikken@ncnsw.org.au
02) 9279 2466

Thank you.