Planning Proposal for Former 7(D) Land at Helensburgh, Otford and Stanwell Tops
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Planning Proposal for Former 7(D) Land at Helensburgh, Otford and Stanwell Tops

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The NSW Department of Planning and Environment has finalised Council’s Planning Proposal on the rezoning of the former 7(d) lands at Helensburgh, Otford and Stanwell Tops.

The Department has approved Council’s recommendations for 22 of the precincts in the area following the 29 July 2013 meeting which recommended rezoning of lands in this area. The 2013 recommendations were the culmination of a six-year review of the planning controls which included three exhibition phases. The final Planning Proposal proposed changing the zoning from the E3 Environmental Management and previously zoned 7(d) Hacking River – Environmental Protection to a variety of environmental, recreation, industrial and residential zones to better reflect land capability, sensitive bushland, existing development and economic opportunities.

In the Department’s determination of the Wollongong LEP (2009) there have been three variations:

  • Central Otford, Otford North and Lady Carrington Estate South precincts have been excluded from the plan as recommended by the Joint Regional Planning Panel and will retain the current E3 Environmental Management zone. The Lady Carrington Estate South precinct was the subject of a separate pre-Gateway appeal, which was supported by the JRPP and Department. Currently the proponent is preparing studies to support the proposed rezoning to permit urban development.
  • The Land Pooling precinct has also been excluded from the plan and will also retain the current E3 Environmental Management zone.
  • A savings provision is included to ensure that development applications lodged, but not yet determined before the amendment has effect, will continue to be assessed under the controls in place when the applications were lodged.

Council will discuss with the Department any future work required regarding the deferred areas.

Background

​The 7(d) Hacking River Environmental Protection zone was introduced in the 1980s and 1990s as a means of limiting development to protect the water quality of the Royal National Park and Hacking River. The zone has resulted in inequities between adjoining landowners, those with and without dwelling houses, and has prevented many land owners from building a dwelling house on their land.
 
The 7(d) lands contain significant bushland which is connected to the Woronora Catchment area, Royal National Park and Illawarra Escarpment. The area is also the head waters of the Hacking River. The extensive bushland results in a high bushfire risk. Conversely, some of the 7(d) lands have been historically cleared for farming, tourism, coal mining, industrial uses and housing. There were 777 lots zoned 7(d) Hacking River Environmental Protection under the Wollongong Local Environmental Plan 1990. The lots are owned by 303 landowners and / or companies and range in size from 42 square metres to 133 hectares. The majority of the lots (58 per cent or 457 lots) are between 500m2 and 2,000m2 in size. Only 108 of these lots contain dwellings.

There has been a long history associated with the conservation and possible development of the 7(d) lands, including the Helensburgh Commission of Inquiry (1994). One of the main issues is the permissibility of dwelling houses. Some owners have owned land since 1965, in the hope that planning controls may change to enable a house to be built. In other instances, planning controls have changed which has prevented a dwelling being built where it was previously permissible.

Planning Proposal History - 2015

23 February 2015: Council resolved to accept the NSW Department of Planning and Environment offer to be the “Relevant Planning Authority” for the draft Planning Proposal for the Lady Carrington Estate South precinct. For details, see the Council report and minutes from 23 February 2015. 
 
5 June 2015: NSW Department of Planning and Environment finalised Council’s Planning Proposal on the rezoning of the former 7(d) lands at Helensburgh, Otford and Stanwell Tops. 
 

Planning Proposal History - 2014

5 February 2014: The NSW Department of Planning and Environment refer Council’s Planning Proposal and the pre-Gateway appeal for the Lady Carrington Estate South and Land Pooling precincts to the Southern Joint Regional Planning Panel (JRPP) for advice and recommendations.

March – July 2014: The Southern JRPP reviews Council’s Planning Proposal and the pre-Gateway appeal for the Lady Carrington Estate South and Land Pooling precincts.  For more details, see the JRPP’s report.

25 August 2014: Council considered the JRPP recommendations and resolved to object to the recommendations for the North Otford and Lady Carrington Estate South precincts. For more details, see the JRPP's report.

Planning Proposal History - 2013

29 July 2013: Council at its meeting on 29 July 2013 considered 13 reports on the draft Planning Proposal to rezone land at Helensburgh, Otford and Stanwell Tops, currently zoned E3 Environmental Management and previously zoned 7(d) Hacking River – Environmental Protection, to a variety of zones.
 
The reports and minutes from this meeting can be viewed on our Archived Agenda Items and Minutes page. Documents are arranged chronologically, look for the meeting of 29 July 2013 for details.

Planning Proposal History - 2011

5 July 2011: Council considered 12 reports. 
Final report on 7(d) submissions.
Council resolved to:

  1. Prepare a draft Planning Proposal to rezone 16 precincts.
  2. Retain the current E3 Environmental Management zone for 3 precincts.
  3. Exhibit a draft Planning Agreement involving a land swap proposal that affects 7 precincts. The draft Planning Agreement is an early part of the community consultation process and Council sought community comment.

The draft Planning Agreement proposed the dedication of 321 hectares of land to Council for inclusion in the National Park. In exchange, the draft Planning Agreement seeks urban development within the Land Pooling and Lady Carrington Estate South precincts. The draft proposal also includes an exit strategy for third party land owners in the Lloyd Place, Central Bushland and Lilyvale precincts.

The following reports published by the (then) Department of Environment, Climate Change and Water were considered in the assessment:

 

 

21 November 2011: Community information session. For details on this session, view the speaker list.

28 November 2011: Council at its meeting on 28 November 2011 considered twelve reports on the different precincts in the area. The draft Planning Proposal reflected the decisions made by Council at this meeting. For details, see the reports and minutes from this Council meeting below. Council resolved not to progress the proposed draft Planning Agreement.

Reports - 28 November 2011

Report 1 - Item 2 - Review of 7(d) lands - Background Summary Report
Report 2 - Item 3 - Review of 7(d) lands - Lady Carrington Estate North, Garrawarra, Isolated Lots in the Royal National Park
Report 3 - item 4 - Review of 7(d) Lands - Otford North, Otford Central, Otford South and Govinda Precincts
Report 3 - item 4a Govinda Precinct
Report 4 - Item 5 - Review of 7(d) Lands - Gills Creek and F6 West Precincts
Report 5 - item 6 - Review of 7(d) Lands - Wilsons Creek Precinct
Report 6 - item 7 - Review of 7(d) Lands - Gateway Precinct
Report 7 - item 8 - Review of 7(d) Lands - Walker Street, Frew Avenue and Kelly Falls Precincts
Report 8 - item 9 - Review of 7(d) Lands - Lukin Street, Old Farm Road and Metropolitan Colliery Precincts
Report 9 - Item 10 - Review of 7(d) lands - Camp Gully Creek Precinct including Undola Road and Walker Lane Sub-Precincts
Report 10 - item 11 - Review of 7(d) Lands - Lloyd Place Precinct
Report 11 - Item 12 - Review of 7(d) Lands -Lady Carrington Estate, Lilyvale, Central Bushland and Otford Valley Farm Precincts
Report 12 - item 13 - Review of 7(d) lands - Land Pooling, Lady Carrington Estate South and Draft Planning Agreement

Planning Proposal History - 1994 to 2010

2010

 
25 May 2010: Council considered the Preliminary Report on 7(d) submissions. Council resolved to seek further community input.

 

2 June to 16 August 2010: Exhibition of the Preliminary Report on submissions.  Council received 19,395 submissions. View the agency submissions.

2009


28 July 2009:
Council considered the draft Review of 7(d) lands at Helensburgh, Otford and Stanwell Tops (known as the Willana Report on 7(d) lands).  Council resolved to exhibit the draft Report.

10 August to 9 October: Exhibition of the draft Review report. Council received 3,447 submissions. View the agency submissions​.

2005


Council’s review of the planning controls commences.

1994


Helensburgh Commission of Inquiry.

 

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