Draft Planning Proposal - Huntley and Avondale Mine … Meeting of Council 12 December 2011 29 REF:...

Ordinary Meeting of Council 12 December 2011 29

REF: CM265/11 File: ESP-100.01.006

ITEM 5 DRAFT PLANNING PROPOSAL - HUNTLEY AND AVONDALE MINE COLLIERY SITE - POST EXHIBITION REPORT

Council resolved on 28 July 2009 to submit a draft Planning Proposal to the NSW Department of Planning seeking approval to exhibit a draft rezoning for the former Huntley and Avondale Collieries from a mixture of environmental, rural and non-urban zones to a combination of R2 Low Density Residential (approximately 470 dwellings), RE2 Private Recreation (Golf Course), SP3 Tourist (90 room hotel and 45 cabins), E2 Environmental Conservation, E3 Environmental Management, and E4 Environmental Living (approximately 25 rural-residential dwellings) zones.

The draft Planning Proposal was exhibited between 7 June and 23 July 2010 and twenty three (23) submissions, including two (2) petitions, were received. The proponent subsequently reduced the extent of the proposed rezoning and removed the tourism and rural-residential components. Council at its meeting on 14 November 2011 deferred consideration of the matter pending a site visit and an additional briefing. This report considers the issues raised in submissions, together with the modifications to the proposal and recommends that a finalised Planning Proposal be submitted to the NSW Department of Planning and Infrastructure for approval.

Recommendation

1 A finalised Planning Proposal for part of the former Huntley and Avondale Colliery site be submitted to the NSW Department of Planning and Infrastructure for approval that:

a Rezones Lot 1 DP 549152 from 1 Non Urban under the Wollongong Local Environmental Plan 1990 to RE2 Private Recreation and R2 Low Density Residential;

b Rezones Lot 2 DP 549152 from 7(b) Environmental Protection Conservation and 1 Non Urban under the Wollongong Local Environmental Plan 1990 to RE2 Private Recreation, R2 Low Density Residential, E4 Environmental Living and E2 Environmental Conservation;

c Rezones Lot 1 DP 382339 from 1 Non Urban under the Wollongong Local Environmental Plan 1990 to RE2 Private Recreation;

d Rezones Lot 1 DP 229358 from 1 Non Urban under the Wollongong Local Environmental Plan 1990 to RE2 Private Recreation, R2 Low Density Residential, E4 Environmental Living and E2 Environmental Conservation;

e Rezones Lot 2 DP 229358 from RU2 Rural Landscape and E2 Environmental Conservation to RE2 Private Recreation, R2 Low Density Residential, and E2 Environmental Conservation;


f Rezones Lot 14 DP 3083 from E2 Environmental Conservation and RU2 Rural Landscape to RE2 Private Recreation, R2 Low Density Residential, E4 Environmental Living and E2 Environmental Conservation;

g The R2 Low Density Residential zones have a floor space ratio of 0.5:1, minimum lot size of 450m² and maximum height limit of 9m (two (2) storey);

h The small R2 Low Density Residential zone area, located on the northern side of Avondale Road, have a floor space ratio of 0.75:1, minimum lot size of 300m² and maximum height limit of 9m (two (2) storey);

i The E4 Environmental Living zone have a floor space ratio of 0.3:1, minimum lot size of 1,500m² and maximum height limit of 9m (two (2) storey); and

j The Urban Release Area Map in the Wollongong Local Environmental Plan 2009 be amended to include the site, which will trigger the need for a Neighbourhood Plan and satisfactory arrangements for infrastructure provision.

2 A draft Neighbourhood Plan be prepared for inclusion in the Wollongong Development Control Plan 2009 – Chapter D16 West Dapto Release Area.

3 The West Dapto Release Area Section 94 Development Contributions Plan be updated to include the subject site.

4 A Vegetation Management Plan be developed as part of any future development application for residential development on the site.

Attachments

1 Site Locality Map.

2 Background.

3 Current Zoning Map.

4 Summary of Submissions.

5 Proposed Zoning Map.

6 Constraints Maps.

Report Authorisations

Report of: Renee Campbell, Manager Environmental Strategy & Planning Authorised by: Andrew Carfield, Director Planning & Environment


Background The former Huntley and Avondale Collieries are located at the western end of Avondale Road, Avondale (Attachment 1 – Site Locality Map). The site of the original Planning Proposal consisted of twenty (20) lots and had an area of 484 hectares. This was subsequently revised and reduced to include six (6) allotments (Attachment 1 – Site Locality Map). A comprehensive background to the original proposal is provided in Attachment 2 – Background. This report concentrates on the revised Planning Proposal which includes Lots 1 and 2 DP 549152, Lot 1 DP 382339 (north of Avondale Road) and Lots 1 and 2 DP 229358 and Lot 14 DP 3083 (south of Avondale Road), covering an area of 178.82 hectares. This area is partially located within Stage 4 of the West Dapto Release Area and is identified for future urban development (elevation 40-80m). The revised site is located in both Wollongong Local Environmental Plan 2009 and Wollongong Local Environmental Plan 1990 which was deferred from Wollongong Local Environmental Plan (West Dapto) 2010. The four (4) lots within the Wollongong Local Environmental Plan 1990 being Lots 1 and 2 DP 549152, Lot 1 DP 382339 (north of Avondale Road) and Lot 1 DP 229358 (south of Avondale Road) are zoned 1 Non Urban. The two (2) lots within Wollongong Local Environmental Plan 2009 being Lot 2 DP 229358 and Lot 14 DP 3083 are zoned RU2 Rural Landscape and E2 Environmental Conservation. (Attachment 3 – Current Zoning Map). A Planning Proposal was submitted to the NSW Department of Planning on 19 February 2010. The Planning Proposal sought to rezone the former Huntley and Avondale Collieries from a mixture of environmental, rural and non-urban zones to a combination of R2 Low Density Residential (approximately 470 dwellings), RE2 Private Recreation (Golf Course), SP3 Tourist (90 room hotel and 45 cabins), E2 Environmental Conservation, E3 Environmental Management, and E4 Environmental Living (approximately 25 rural-residential dwellings) zones. The proponent prepared extensive reports to support the original Planning Proposal including: • Justification Report (TCG Planning 2009); • Vision Report (EDAW/AECOM/TCG Planning 2007); • Built Form Study (EDAW 2007); • Visual and Landscape Assessment (EDAW /AECOM 2006); • Huntley Village and Ecotourism Centre Development Economic Impact Study

(Buchan 2006); • Archaeologist Assessment (Biosis Research 2007);


• Non-indigenous Heritage Study – Mine Administration Building (Biosis Research 2007);

• Traffic Study (BECA 2007); • Arborist Report (David Potts 2007); • Economic Analysis Report (Buchan 2009); • Traffic Impact Assessment (BECA 2009); • Bushfire Assessment Report (Conacher Environmental 2009); • Flora and Fauna Report (Conacher Travis 2009); • Site Flood Study (Land Team 2008); and • Geotechnical Report (GHD Geotechnics 2009). Council received a briefing on the proposal on 5 October 2011. Council at its meeting on 14 November 2011 considered a report on the matter and resolved that:

A decision on this matter be deferred until Councillors have been afforded the opportunity of a site visit and briefing and the matter be presented to the Council meeting on 12 December 2011.

A site inspection and additional briefing occurred with Councillors on 6 December 2011.

Proposal The revised Planning Proposal area now comprises six (6) allotments of the original twenty (20) properties that were included in the original exhibited Planning Proposal. These lots include Lots 1 and 2 DP 549152, Lot 1 DP 382339 (north of Avondale Road) and Lots 1 and 2 DP 229358 and Lot 14 DP 3083 (south of Avondale Road), covering an area of 178.82 hectares. The revised Planning Proposal is concentrated on providing for residential development around the approved golf course on the lower part of the site. The Joint Regional Planning Panel on 3 December 2010 approved Development Application (DA-2009/1037) for an 18 hole golf course and associated facilities (club house, sports education centre, 60 self contained golf lodges) on the south east part of the site. This use was permissible under Wollongong Local Environmental Plan 1990 as a recreational facility. The revised proposal removes the issues associated with the proposed development of tourism uses higher up in the escarpment (proposed SP3 Tourist zone) as well as the rural residential component in the western portion of the site. The following table summarises the revisions.


Table 2 – Comparison of Previous Concept Plan Yield and Revised Concept Plan Amendments

The following table provides a summary of the proposed land uses, zones, indicative number of lots and a minimum lot size.

Table 3 – Revised Planning Proposal


Consultation and Communication The Gateway determination was issued by the NSW Department of Planning on 27 March 2010. The Gateway determination detailed the consultation requirements and allowed Council a twelve (12) month timeframe from the week following the date of determination to complete the Local Environmental Plan. In December 2010 Council requested that the NSW Department of Planning extend the completion date from 27 March 2011 to 27 December 2011 (nine (9) months). The original Planning Proposal was exhibited by Council between 7 June and 23 July 2010. Copies of the document were made available at Wollongong Central and Dapto District libraries, Council’s Administration Building and on Council’s website. Written advice of the exhibition was sent to surrounding land holders, the local Neighbourhood Forum, State Authorities and the local Aboriginal groups. Council received twenty three (23) submissions, fifteen (15) from community members and eight (8) from State authorities. Two (2) of the submissions were petitions containing 174 and 60 signatures respectively, objecting to the inadequate infrastructure in the area and the potential impact of run off on Mullet Creek. It should be noted that the submissions commented on the original Planning Proposal which has since been significantly reduced and therefore some issues are no longer relevant to the assessment of the revised Planning Proposal. A full summary of all submissions is provided in Attachment 4 – Summary of Submissions. In summary the issues raised were as follows: Objection • Nine (9) submissions objected to the rezoning of the escarpment lands for

tourism or residential development. Conditional Objection • Two (2) submissions objected to the rezoning unless the proponent transferred

significant amounts of vegetated land to National Parks. Additional Information • One (1) submission corrected the mapping in the exhibition material. Support • One (1) submission supported the rezoning and further requested that Lot 21 DP

1079478 be considered for the purpose of eleven (11) rural residential lots. Comments • Two (2) submissions requested that the Huntley Hillclimb event be considered as

part of the assessment of the rezoning.


In summary the issues raised in the eight (8) submissions from State authorities are as follows: No Objection • Integral Energy and the RTA had no objection to the proposal provided the

associated infrastructure was funded by the applicant; • The Lake Illawarra Authority had no objection provided water quality was

considered; • NSW Infrastructure and Investment - Mineral Resources Division had no

objection; • Wingecarribee Council had no objection and provided support to the proposed

recreation uses; and • Rural Fire Service – conditional support to residential component. Objection • The NSW Department of Environment, Climate Change and Water objected to

the development, citing concerns that the potential impacts were uncertain; • Rural Fire Service objected to the tourism component; and • The NSW Industry and Investment Agriculture Division objected due to the land

being important for food production. Comment • The Fisheries Division requested that Vegetation Management Plans and

Riparian Corridor Management Plans be drafted prior to the development of the site; and

• The Sydney Catchment Authority comments centred on the recreational component.

The majority of concern centred on development for residential purposes in the area mapped as Escarpment in the Wollongong Local Environmental Plan 2009. Generally the cleared or highly modified parts of the site sit within what was proposed as Stage 4 of the Wollongong Local Environmental Plan (West Dapto) 2010. Council should note that the site will be developed for a golf course regardless of the endorsement of an RE2 Private Recreation zone for part of the site as this Development Application has been approved. The issues raised in the submissions are discussed later in the report. Following a meeting in December 2010 to discuss a range of matters arising from submissions, the proponent decided to remove the western lands from the subject Planning Proposal for the following reasons: • The range and complexity of issues arising in relation to the western

(escarpment) lands in particular the bushfire risk and its management;


• The time limit imposed by the NSW Department of Planning to complete the amending Local Environmental Plan; and

• The recent approval of the golf course development and the proponent’s commitment of time and resources to commence construction of this portion of the site.

The revised information and updated specialist reports were lodged with Council on 1 July 2011. The refinements have resulted in a significant reduction in the area of land proposed for future development (Attachment 5). Among the revised reports were an updated Flora and Fauna Assessment, an updated Bushfire Assessment; a Contamination Report and an updated Aboriginal Cultural Heritage Assessment. The revised Planning Proposal and additional reports were re-referred to the Catchment Authority, Office of Environment and Heritage (previously known as NSW Department of Environment, Climate Change and Water) and the Rural Fire Service. These referrals were considered necessary because of previous submissions outlining a number of outstanding issues which the applicant was advised needed to be addressed prior to any recommendation being reported to the Council. The advice from the agencies is included in the report. The revised proposal was not re-advertised to the community as the revised proposal was a significant reduction rather than an increase in development. Discussion of Issues Illawarra Escarpment Strategic Management Plan The majority of the original site as proposed for rezoning was within the area covered by the Illawarra Escarpment Strategic Management Plan (2006) (IESMP) (excluding four (4) allotments that are part of West Dapto Land Release Area). The revised proposal is now confined to six (6) allotments, four (4) of are within the West Dapto Release Area being Lots 1 and 2 DP 549152, Lot 1 DP 382339 (north of Avondale Road) and Lot 1 DP 229358 (south of Avondale Road), covering an area of 88.01 hectares. The Illawarra Escarpment Strategic Management Plan identified the areas containing endangered ecological communities and riparian corridors as core escarpment. The rehabilitation area was identified as biophysical support and landscape support. The cleared area on the eastern part of the site was identified as escarpment interface. The flood plan on the northern side of Avondale Road was not addressed by the Management Plan The Illawarra Escarpment Strategic Management Plan requires that development should only occur within cleared areas and vegetation should not be removed to create Asset Protection Zones. The concept plan noted that Asset Protection Zones would need to be established on the site’s western boundary and to protect dwellings which


are likely to require clearing of vegetation. Development in the core or biophysical support for the core would not be consistent with the Illawarra Escarpment Strategic Management Plan. Only two (2) allotments sit within the lower region of the Illawarra Escarpment Area and are known as Lot 2 DP 229358 and Lot 14 DP 3083. These lots comprise 90.81 hectares and several zones are proposed, E2 Environmental Conservation to protect the biodiversity values. RE2 Private Recreation is also proposed for the approved golf course. There is limited E4 Environmental Living and R2 Low Density Residential proposed on these lots. The area proposed for residential development has been highly modified and is not as constrained with vegetation. The revised proposal is primarily outside of the scope of the Illawarra Escarpment Strategic Management Plan and the impacts on the two (2) lots that are within the escarpment are considered reasonable given previous mining use, associated fill, current site conditions and vegetation levels. The revised Planning Proposal affects two (2) lots (Lot 2 DP 229358 and Lot 14 DP 3083) within the Illawarra Escarpment Area of the Wollongong Local Environmental Plan 2009. The lower parts of both lots are highly modified, while the bushland on the upper parts is proposed to be conserved. The areas of biodiversity value (refer to Attachment 6 – Figures 1, 2 and 3) are proposed to be zoned E2 Environmental Conservation and RE2 Private Recreation is proposed for the area subject to the golf course approval. There is minimal low density residential development and environmental living lots proposed for these lots. Nine (9) community submissions opposed the tourism and residential components of the original exhibited Planning Proposal in the escarpment area. Two (2) submissions objected to the rezoning and its impacts unless the proponent transferred significant amounts of vegetated land to National Parks. It is noted that in 2007 the National Parks and Wildlife Service indicated that it was not interested in the site, however in 2010 the NSW Department of Environment, Climate Change and Water advised that it was willing to consider whether any of the site was worthy of inclusion in the Illawarra Escarpment State Conservation Area. The area of possible interest is in the western part of the original proposal and is outside the land affected by the revised proposal. The proponent has acknowledged in their reports that some impacts on native vegetation are likely and proposes the following: • Any adverse impacts of the proposal on the Illawarra Lowlands Grassy Woodland

are proposed to be offset by undertaking ongoing recovery actions in perpetuity within the Illawarra Lowlands Grassy Woodland to be retained;

• The vast majority of residential development is proposed in the low ecological constraint area with 7ha in the moderate ecological area and 1 ha in the high ecological constraint area; and


• The owner has indicated that they are willing to create a fund to finance vegetation management actions in perpetuity.

To further ameliorate the potential and known impacts of the proposal and to facilitate improved environmental outcomes for the site, the following recommendations are made by the proponent: • The native vegetation in the western extremities of the northern precinct which

was originally proposed to be zoned E3 Environmental Management is now proposed for E2 Environmental Conservation zone;

• A comprehensive management plan is recommended to guide the management of the proposed offsets within the study area; and

• The offsets proposed as part of the proposal should be further clarified through negotiations with Council and other relevant stakeholders. In particular, these negotiations should clarify the size of the fund required to finance ongoing recovery actions and the arrangements with respect to the transfer of HTT Huntley Heritage Pty Ltd owned lands in the western parts of the site to the National Parks Estate.

There are a range of mechanisms by which the proposed offset measures could be achieved, including: • Transfer of offset lands or part thereof to National Parks and Wildlife Service

Estate; • Transfer of offset lands or part thereof to Council as Community Land; • The development of a Biobanking Agreement over the offset lands or part thereof; • The development of a Voluntary Conservation Agreement over the offset lands or

part thereof; • The development of a Nature Conservation Trust over the offset lands or part

thereof; and • Placing a restriction-as-to-user on the affected lands pursuant to Section 88B of

the NSW Conveyancing Act 1919 requiring the implementation of a management plan incorporating the proposed offset measures.

Council officers are satisfied that the modified Planning Proposal minimises impacts on the areas of the site within the Illawarra Escarpment. Council’s assessing officer is also satisfied that a transfer of land as an offset, as offered by the proponent, is a positive addition to the Illawarra Escarpment Conservation Area. Illawarra Regional Strategy The Illawarra Regional Strategy (2007) does not specifically mention this site. The Regional Strategy promotes the West Dapto Release Area, the Wollongong City Centre and urban consolidation at commercial centres and transport modes as the key components of the Illawarra’s housing supply. The Regional Strategy also promotes the


protection of areas with high value environments and the limitation of development in constrained environments. The revised proposal supports the Regional Strategy’s economic and employment strategies. The proposal also conforms with the Regional Strategy’s housing strategy which acknowledges that “a number of other smaller land release areas are likely to come online through the life of the Strategy”, even though the proposal was neither envisaged nor specifically mentioned in the Regional Strategy. West Dapto Release Area The eastern four (4) lots (being Lots 1 and 2 DP 549152, Lot 1 DP 382339 and Lot 1 DP 229358), covering an area of 88.01 hectares are within Stage 4 of the West Dapto Release Area. The original 2006 draft master plan for the West Dapto Release Area indicated that low density residential development was scheduled to occur on these lots in Stage 4 of the release. The revised Planning Proposal is consistent with the West Dapto Master Plan in that it proposes R2 Low Density Residential development. The proponent is seeking development to occur ahead of Stage 4 of the West Dapto Release Area. For this to occur they will be required to fund all regional and local infrastructure requirements. The inclusion of the site in the Urban Release Area map will require a Development Control Plan to be prepared and satisfactory infrastructure arrangements. Biodiversity The site of the revised Planning Proposal is highly modified and also contains two (2) Endangered Ecological Communities (EECs) being the Illawarra Lowlands Grassy Woodland (ILGW) and Illawarra Subtropical Rainforest (ISR) (refer to Attachment 6 – Figure 3). The Office of Environment and Heritage reviewed the revised proposal and provided the following information: • The proposal does not improve or maintain biodiversity values; • The proposal is inconsistent with the protection of significant native vegetation

and regional biodiversity corridors; • Should biodiversity impacts be unavoidable then the Planning Proposal should

include a viable and achievable biodiversity offset package; • The proposal should identify the conservation mechanisms to be used to ensure

the protection and management of offset areas and include an appropriate Management Plan;

• The Biodiversity Certification Assessment Methodology (BCA Method) allows for impacts on “red flag areas” such as: o Vegetation types that are more than 70% cleared;


o Endangered Ecological Communities; o Threatened species that cannot withstand further loss; and o Areas of vegetation recognised as having regional or state biodiversity

conservation significance; • Identified offsets be permanently set aside for conservation protection together

with identified funding sources for future active management. Some appropriate measures include: o Reservation of land under the National Parks and Wildlife Act 1974; o A Biodiversity Banking Agreement in accordance with Part 7A of the

Threatened Species Conservation Act (TSC Act); o Acquisition and retirement of biodiversity credits from the biodiversity

register established under Part 7A of the Threatened Species Conservation Act; and

o Dedication of the land as a flora reserve under section 25A of the Forests Act 1916.

As noted earlier the proponent has indicated a willingness to transfer land to National Parks and offered several mechanisms to achieve the transfer of land. In this regard the concerns of the Office of Environment and Heritage are considered to be satisfactorily resolved noting that any transfer is subject to ongoing negotiations with relevant organisations. The Southern Rivers Catchment Management Authority (CMA) provided the following comments in relation to the biodiversity values of the site on the revised proposal: • Native Vegetation Act 2003 is a separate approval which may be required if

native vegetation is to be cleared in certain zones unless the clearing is otherwise excluded or permitted under the Act. The golf course may therefore require additional approvals for clearing in the proposed RE2 Private Recreation zone. This issue was conveyed to the proponent;

• The site has high biodiversity significance with nine (9) threatened species, two (2) Endangered Ecological Communities and one (1) listed migratory species recorded;

• Native Vegetation Act applies to some of the proposal (RE2 Private Recreation, E2 Environmental Conservation and E4 Environmental Living but excluding the R2 Low Density Residential). It is considered more appropriate to use the Environmental Outcomes and Assessment Methodology as it underpins the operation of the Native Vegetation Act rather than the “Biodiversity Certification Methodology;

• Clearing of endangered ecological communities does not pass the “improve or maintain” test therefore clearing cannot be offset and approval cannot be granted;

• The report prepared by the consultant indicates that up to 7.3 ha of Illawarra Lowland Grassy Woodland Endangered Ecological Communities will be lost or modified, which is considered to be a significant loss of an Endangered Ecological Communities;


• Do not support the E4 Environmental Living zone or the proposed 1,000m² lot size because of the potential impacts on the Illawarra Lowland Grassy Woodland Endangered Ecological Communities;

• Endangered Ecological Communities are zoned either E2 Environmental Conservation or E3 Environmental Management. Any offsets should be agreed to prior to any development taking place and recommend that the proponent include Conservation Property Vegetation Plans as mechanisms for delivering offsets;

• It is preferred that good quality native vegetation is not cleared for the purpose of Asset Protection Zones;

• It appears that the Asset Protection Zones are not contained within the R2 Low Density Residential and E4 Environmental Living zones as specified in the report and that the statement contradicts the report; and

• The areas zoned R2 Low Density Residential are not covered by the Native Vegetation Act and therefore clearing in that area does not require approval for clearing.

EcoLogical Australia Pty Ltd prepared a Biodiversity Risk Assessment (28/6/11) to address the revised Planning Proposal area which concentrated on the areas to be zoned R2 Low Density Residential and E4 Environmental Living. This additional assessment was carried out in light of the initial comments relating to the original exhibited proposal. The report noted that the: • Redesign of the Planning Proposal has reduced the overall footprint of the

proposed development; • Revised proposal avoids or provides buffers to the areas of highest conservation

value vegetation, such as threatened flora known areas, fauna habitats, and retains and protects 60ha of native vegetation within the study area;

• The Endangered Ecological Communities of Illawarra Lowlands Grassy Woodland and Illawarra Subtropical Rainforest were identified within the study area, with approximately 46 ha and 19 ha of each Endangered Ecological Communities occurring within the study area respectively;

• A total of eighteen (18) threatened species, two (2) Endangered Ecological Communities and four (4) listed migratory species were either recorded or are considered likely to occur within the study area;

• High, medium and low ecological constraint assessment was undertaken for the study area having regard to the condition of vegetation and habitat;

• The vast majority of the residential development is proposed in the low constraint area, with 7 ha within the moderate and 1 ha within the high constraint areas;

• The proposed rezoning and associated residential development will result in the loss or modification of approximately 3.3 ha of Acacia Scrub;

• The proposal will not result in the loss of any Illawarra Subtropical Rainforest; • All remnant native vegetation beyond the proposed development footprint will be

retained and protected including some 38.7 ha of Illawarra Lowlands Grassy


Woodland and 19 ha of Illawarra Subtropical Rainforest, all the known hollow-bearing trees within the study area, and all the known locations of threatened flora;

• The most substantial impact associated with the proposal is the loss or modification of up to 7.3 ha of the Illawarra Lowlands Grassy Woodland Endangered Ecological Communities. Whilst this impact is adverse, the vast majority (38.7 ha or 84%) of the Illawarra Lowlands Grassy Woodland within the study area and all the highest conservation value occurrences, will be retained and protected, as will several large patches of the community (between 6 and 12 ha in extent); and

• The proposal will also affect less than 7.3% of the estimated local occurrence of the community. Under these circumstances, the proposal is considered unlikely to result in a significant impact on the Illawarra Lowlands Grassy Woodland.

The report had various recommendations with respect to future residential subdivision approval/development stage(s), including: • Additional targeted threatened flora surveys should be undertaken within any

areas of native vegetation to be affected prior to the approval of any residential development application within the proposed E4 Environmental Living zones;

• Roads and services do not result in further impacts on native vegetation and associated habitats;

• Retaining or supplementing vegetation to provide some connectivity through the two (2) proposed E4 Environmental Living precincts in the south eastern precinct;

• Implementation and maintenance of Asset Protection Zones adjacent to the proposed residential development footprint;

• All retained vegetation beyond the proposed footprint should be protected during the construction phase;

• Strict erosion and sediment control measures must accompany any future development approvals to avoid adverse impacts on vegetation and habitats to be retained, and receiving waters; and

• An induction program should be developed for workers involved in the construction of any future developments within the study area to avoid adverse impacts during the operation and maintenance phase of the development.

In summary, the proponent has proposed several measures to offset the adverse impacts on biodiversity associated with the proposal including: • The management for conservation purposes of all the remnant native vegetation

beyond the proposed golf course and residential development footprint. This includes 58 ha of Endangered Ecological Communities or 88.5% of the Endangered Ecological Communities within the study area;

• The management for conservation purposes of all the highest conservation value native vegetation within the study area;


• Consideration of the provision of a fund to finance in perpetuity necessary recovery actions within the “offset areas”; and

• The management for conservation purposes of much of the 250 ha of high conservation value vegetation on the HTT Huntley Heritage owned lands in the western parts of the site (the E2 Environmental Conservation and E3 Environmental Management zone lands to the west of Avondale Road) and their potential transfer to National Parks Estate.

It is considered that the revised Planning Proposal and the potential offsets measures and mechanisms are significant for the site in achieving balanced development outcomes. It must be noted that any offsetting would be subject to negotiation with the relevant State authorities, Wollongong City Council and HHT Huntley Heritage Pty Ltd using the appropriate tools and would serve to inform any future development application should the Planning Proposal proceed.

Aboriginal Cultural Heritage The original Planning Proposal identified the potential for sites of Aboriginal Archaeological significance occurring within the study area. The NSW Department of Environment, Climate Change and Water (now known as Office of Environment and Heritage) noted that the development would have significant impacts on Aboriginal heritage and that further sampling was required to confirm the extent of land filling activities on site to ensure impacts of the proposal were appropriately managed. The NSW Department of Environment, Climate Change and Water noted that the assessment of the area was limited and that the proposal appeared to impact on all areas flagged as high to moderate Aboriginal values. In response to the above comments, the proponent engaged Niche Environment and Heritage to update the Aboriginal Cultural and Heritage Assessment and to address the matters raised as part of the initial exhibition material. The following information is an extract of the report.

The Aboriginal heritage values of the subject area have previously been assessed by Biosis Research (Biosis Research, 2007). Areas of moderate archaeological sensitivity, including two (2) archaeological sites, were identified. Landform analysis, combined with low visibility, suggested areas of archaeological potential and therefore a test excavation program was required to better understand the likelihood and distribution of sites and Aboriginal objects in the subject area. The test excavation was conducted under the Code of Practice for Archaeological Investigation of Aboriginal Objects in New South Wales (Department Environment, Climate Change and Water NSW, 2010b) and included consultation as per the Aboriginal cultural heritage consultation requirements for proponents 2010 (Department Environment, Climate Change and Water NSW, 2010a).


One hundred and nine (109) test pits were excavated across the areas of sensitivity defined by Biosis Research. The excavations resulted in six (6) new archaeological sites being discovered, and the extension of the boundary of the previously discovered site Avondale 1. Management areas of no, low and moderate archaeological value were determined based on these results. The test pit excavations sampled a variety of landforms and were used to further refine the sensitivity model forwarded by Biosis Research in 2007. The following observations were made:

• The hill top area is not archaeologically sensitive; • The river flats are sensitive only on their higher terraces, with the lower

terraces consisting of alluvium containing high energy and recent deposits; • The area around the existing house on the flats is heavily disturbed and not

archaeologically sensitive; • Some parts of the flats have been subject to agricultural land uses that

have resulted in them having no archaeological potential; • The ridge to the south-east of the former mine is sensitive in open

depression landform elements; • The area around site Avondale 1 where there is a flat at the base of a foot

slope is sensitive. The Niche report notes the following findings: • Six (6) sites have low significance, and two (2) have moderate significance.

These areas can be appropriately managed through existing statutory processes and do not pose a major constraint to the proposal;

• The proposed development has a limited footprint including large areas of environmental conservation and areas of potential archaeological conservation where there will be no impact;

• A comparatively small area proposed for R2 Low Density Residential and E4 Environmental Living is located on areas of moderate archaeological value and therefore could harm Aboriginal objects;

• The Aboriginal archaeological heritage matters present no major constraints to the proposed rezoning provided appropriate mitigation measures are employed and areas of archaeological values are managed in accordance with the recommendations of the report;

• Development involving ground disturbance at the identified Aboriginal archaeological sites or within areas of moderate sensitivity will require an Aboriginal Heritage Impact Permit (AHIP);

• The Aboriginal Heritage Impact Permit will be required at Development Consent stage, as the activities authorised by the Development Consent are the activities that will harm Aboriginal objects;


• Unless avoidance can be implemented by amendment to the current site concept plan Aboriginal objects will be harmed and subject to any Aboriginal Heritage Impact Permit; and

• The proposed development concept should be able to avoid three (3) of the known sites by implementing avoidance as a mitigation strategy.

Where proposed impacts occur in areas of moderate archaeological value a salvage archaeological excavation in accordance with an Aboriginal Heritage Impact Permit, may be required. The location and scale of salvage excavations would be dependant on the final footprint of the proposed development (that is where impacts occur in the area of moderate archaeological value), and should seek to only salvage from those areas that will be impacted by the development. The purpose of the salvage excavations would be to collect further information to inform the Aboriginal history of the Huntley and Avondale areas. There is no further archaeological work recommended for the low value and no value areas as there are no constraints to excavation and landscaping within these areas. The revised Planning Proposal was sent to the Office of Environment and Heritage who provided the following comments: • Extent of “moderate” value category land area is not well supported as virtually no

testing took place (Note - 109 test pits are documented) in the areas of “low” value;

• The Aboriginal sites occurring wherever testing took place, indicates very strongly that Aboriginal objects will be present beyond the small areas defined as “sites”;

• Recommendations of assessment report focus on the areas of “moderate value” and then focus further on the smaller areas identified as “sites” where an Aboriginal Heritage Impact Permit would be required. This is misleading, as Aboriginal objects on the whole site are high and this needs to be considered for development design and future liabilities under the National Parks and Wildlife Act and Regulation 2010;

• There are no recommendations by the proponent responding to the assessment report regarding the areas of moderate value included in report;

• The entire development area is sensitive for the presence of Aboriginal objects; • Development proposed should avoid areas identified as being significant; and • Granting of future Aboriginal Heritage Impact Permits will take into account the

adequacy of the assessment attached to any application and the Aboriginal community response.

It is considered that the proponent has acknowledged that some of the site may have archaeological value which will need to be treated carefully during any development application. It is unlikely that the area which was used by the mine for coal wash and fill would contain any site significant or otherwise. The site has known Aboriginal values


that may be managed during development application stage when the extent of development is better known. The proponent confirmed that during the preparation of the Archaeological Report, Niche Consulting undertook the following consultation with the Office of Environment and Heritage as per the Archaeological Code of Practice and the Consultation Guidelines: • Requested a list of stakeholders from the Office of Environment and Heritage; • Sent a copy of the proposed methodology (for information); • Sent intent to commence and finish work; and • Provided records for the Aboriginal Heritage Information Management System. Further testing and reports may be required to establish the extent of impacts upon the areas proposed for future residential development. Bushfire The site is bushfire affected therefore any future development in the area would need to have regard for the Planning for Bushfire Protection Guidelines and may require consent from the Rural Fire Service (RFS). The proponent commissioned EcoLogical Australia Pty Ltd to prepare an updated Bushfire Assessment (29/6/11) in response to the original comments and to address the revised Planning Proposal. The following information is an extract of the report provided by Ecological: Asset Protection Zones (APZ) • Each Asset Protection Zone complies with the minimum Asset Protection Zones

as specified by the acceptable solutions of Planning for Bushfire Protection for residential subdivision (refer to Attachment 6 – Figure 4);

• The subject land has the ability to accommodate the Asset Protection Zones required between future residential development and the bushland interface; and

• Asset Protection Zones have been approved for the previously approved Golf Course proposal, including the club house, accommodation buildings and biomechanics facility.

Access • All six (6) development precincts are able to have safe access and egress; • Although having only one (1) access road, the northern precinct has adequate

access by providing a road network that extends to the east linking to Cleveland Road through cleared agricultural lands away from any potential oncoming bushfire threat from the west;


• Development precincts 2 and 3 are situated along Cleveland Road and Avondale Road. The three (3) southern development precincts are all accessed off Avondale Road and linked together at each end of each precinct (south and north) allowing an alternate access/egress option for each;

• All bushland interface areas containing an Asset Protection Zone for a significant bushfire hazard can accommodate a perimeter road within the Asset Protection Zone; and

• There are two (2) small sections of interface whereby a fire trail will provide perimeter access in lieu of a public road. Both sections are approximately 200m in length and will be located outside of individual lots (under the ownership of one (1) owner ensuring their maintenance) and will form part of the Asset Protection Zone. This strategy is acceptable by Planning for Bushfire Protection.

Water Supply and other Utilities • The subject land is to be serviced by reticulated water infrastructure suitable for

fire fighting purposes. The reticulated water supply is to comply with acceptable solutions within Section 4.1.3 of Planning for Bushfire Protection and the subject land is capable of complying with the above requirements;

• In addition, the site is currently equipped with four (4) concrete reservoirs with a total capacity of approximately 1.1 million litres fed by two (2) surface water extraction licences (25,000 L/hr) and maintained operational for fire fighting purposes; and

• The subject land is capable of complying with the requirements set out in Planning for Bushfire Protection for electrical and gas supplies.

Building Construction Standards • The application of building construction standards for bushfire protection under

AS 3959-2009 Construction of buildings in bushfire-prone areas (Standards Australia 2009) is to be considered at the development application stage for individual dwellings and buildings; and

• An assessment under AS 3959-2009 is not required at the rezoning or subdivision stages.

The previous proposal included eleven (11) development precincts at various locations within escarpment bushland. The revised proposal consists of only six (6) precincts of low density residential development at the base of the escarpment foothill surrounding the proposed golf course, thus significantly reducing the length of hazard interface. The report has demonstrated that the bushfire protection measures are located within a development footprint that has been designed to minimise environmental impacts. It demonstrates that the subject land is capable of accommodating future residential subdivision and associated land use with the appropriate bushfire protection measures and bushfire planning requirements prescribed by s.117 (2) Direction 4.4 – ‘Planning for Bush Fire Protection’ (EP&A Act), Planning for Bushfire Protection (RFS 2006).


The Rural Fire Service was provided with the revised Planning Proposal and provided the following comments: • Note significant assessment of fire threat and potential ability of future

development to comply with the provisions of Planning for Bushfire Protection; • Applicant should be commended for undertaking such assessment at Planning

Proposal stage, however it is indicative until finalised in development application; • Recommend a road design that provides a fully connected public perimeter road;

and • Emergency access and egress detailed from public road will be required. Access

through the golf course to the north during bushfire should be considered. It is considered that the proponent has satisfactorily demonstrated that the land is capable of being protected against a bushfire threat and that the proposed Asset Protection Zone can be provided within the residential zones. It is noted that more detailed assessment will be required at the development application stage consistent with any development application in Wollongong Local Government Area that is bushfire affected. Any future development application should include all Asset Protection Zones for residential areas within the residential zones. Infrastructure The area will require infrastructure to service the golf course and future residents. As noted previously, the proposal is out-of-sequence with the West Dapto Release Area Staging Plan and any local and State infrastructure requirements will need to be met by the developer. This includes road upgrades, water, sewerage and electricity. Two (2) submissions were received commenting on infrastructure. Integral Energy advised that there is currently no capacity in the existing distribution network adjacent to the site. Any proposed works required to supply the site with electricity would be required to be funded by the developer to the specified requirement of Integral Energy. The Roads and Traffic Authority (RTA) had no objection to the Planning Proposal however, noted that service provisions would need to be through a Special Infrastructure Contribution or Voluntary Planning Agreement. The works would need to be carried out and completed to the specification and satisfaction of the Roads and Traffic Authority. Council’s Section 94 officer advised that a separate agreement may be necessary for infrastructure to service the development and would need to be discussed with Council when consent for development is sought. It is also noted that the West Dapto Release


Area Section 94 Development Contributions Plan (2010) needs to be updated to include the subject site. Agricultural Land The NSW Industry and Investment Agriculture Division objected to the development because it considered the land as Class 2 and 3 which are important for food production. However the land which they propose has agricultural value is land that sits within the West Dapto Urban Release Area which has been identified for future residential use by Council and the Illawarra Regional Strategy. Riparian Corridors The site subject to the original Planning Proposal contained several watercourses. The majority of which are situated in the lower parts of the site being the area associated with mining (refer to Attachment 6 – Figures 5 and 6). Council received comments from the NSW Department of Environment, Climate Change and Water stating that the watercourses were not being managed and that the site contained several Category 1 Streams which require protection. The Fisheries Division required that the Vegetation Management Plans and Riparian Corridors Management Plans be prepared prior to the development of the site. The Lake Illawarra Authority did not object to the proposal but requested that Council ensure riparian corridors are maintained and that the impacts on the quality of downstream waterways leading to the lake were appropriately considered. The proponent provided the following information in response to the issues raised in the submissions and the revised Planning Proposal: • The Category 1 streams are located wholly within the land proposed to be zoned

RE2 Private Recreation which is the location of the approved golf course; • In accordance with the conditions of development consent for the eighteen (18)

hole golf course and associated facilities, a Vegetation Management Plan (VMP) has been prepared by EcoLogical Australia Pty Ltd (dated 27th June 2011), to address how the land within 40m of all watercourses will be managed in accordance with the legislative requirements; and

• This is considered to have been satisfactorily managed as part of the approved development application and the rezoning of this portion of the site to RE2 Private Recreation would only be a reflection of the approved development.


The proponent noted that the following watercourses and riparian corridors are located within the revised Planning Proposal site; Mullet Creek; Box Creek; and Heritage Creek. These creeks are all within the proposed RE2 Private Recreation zone which is proposed over the area subject to the approved golf course. These creeks have been approved for management under the Avondale Gold Course Vegetation Management Plan 27 June 2011. Under the approved Vegetation Management Plan the methods for treatment include constructed dam and creek lines, creek line buffering, revegetation and regeneration. Council has approved the Vegetation Management Plan and the assessing officer is satisfied that under the provisions of the Plan the riparian corridors will be appropriately managed. Water Quality In the short-medium term, the future residential development on the proposed R2 Low Density Residential and E4 Environmental Living zones and the golf course will be serviced by a self-contained on-site sewage treatment plant and will incorporate best practice Environmentally Sustainable Design and Water Sensitive Urban Design principles. Measures such as appropriate sediment and erosion control, water quality and storm water management provisions will safeguard the aquatic environment and mitigate impacts downstream. In the long term, the site will be connected to the reticulated sewerage system that will service West Dapto, once it is extended to the site by Sydney Water. The GHD documentation addresses water balance, nutrient loading, impact analysis including impacts on Mullet Creek and Lake Illawarra. While these issues are outside the scope and requirements of this stage of the Planning Proposal process, the Sewerage Treatment Plant (STP) and associated irrigation of the golf course will assist in achieving the water quality outcomes, being a key factor for the management of riparian land by: • Irrigating by reclaimed effluent will be located more than 40m from watercourses.

Where irrigation areas are located within 40m of a watercourse, rainwater reuse will be utilised;

• Any unintended discharge will be of a high quality and hydraulic impacts were modelled within a Water Balance Report, confirming that the impacts will be low to very low; and

• The volume of water generated in the development under consideration is relatively small and the operator will need to be frugal in their use of the available water. The proposed irrigation system will be designed to meet the best modern practice and water logging or overland flows are unlikely to occur.


These measures, together with the relevant conditions of the Integrated Development Consent for the golf course and associated facilities (including Sewerage Treatment Plant) relating to water quality monitoring will ensure water quality is maintained. It is considered that the riparian corridors that remain within the proposed residential zone can be appropriately managed as has occurred with the riparian corridors contained within the proposed RE2 Private Recreation zone being the site approved for the golf course. It is considered that the riparian corridors do not constrain development from proceeding on site. Contamination The site has been previously used for the purpose of coal mining and as such contamination was probable within the study area (refer to Attachment 6 – Figures 7 and 8). The NSW Department of Environment, Climate Change and Water noted that contamination should be investigated in light of the proposed residential uses. Furthermore Council requested the proponent provide information on potential contamination issues associated with the previous use. The following investigation was carried out by the proponent as detailed in the Planning Proposal report. • ‘Review of documentation relating to previous and current land use and issues of

potential land contamination of the former Huntley Colliery and adjacent land’ (‘Document Review Report’) prepared by TCG Planning dated 20 June 2011 (at Appendix G); and

• ‘Preliminary/Targeted Soil Investigation at Huntley Heritage Mine Rehabilitation and Dairy Farm Residential Sites’ prepared by Pacific Environmental dated 22 June 2011.

The Document Review Report: • Identifies the specific area(s) of the Planning Proposal site that is subject to

rehabilitation and associated License; • Outlines materials imported to the site; • Summarises a previously prepared ‘Phase 1 Contamination Assessment Report’

prepared by GHD in 2007. This report applied to the original Planning Proposal area (i.e. including the now removed ‘western lands’), and has been referenced in previous documents provided to Wollongong City Council prepared by TCG Planning relating to the Planning Proposal (e.g. ‘Precinct Acceleration Gateway Justification Report’ 2009), however it appears this report was inadvertently not provided to Council at that time; and


• Provides information on how the matter of contamination was addressed in the assessment and approval of Integrated Development Application (DA-2009/1037) for the eighteen (18) Hole Golf Course and Associated Facilities.

HTT Huntley Heritage Pty Ltd engaged Pacific Environmental to investigate the potential for contamination in the soils that underlie the proposed housing development that forms part of the former Huntley Heritage rehabilitated mine site and the former dairy farm that formed a buffer to the mine site. The report includes a historical review of the site, as well as soil sampling in the areas proposed to be zoned to permit residential development. It is noted that only the eastern portion of the southern-middle proposed residential precinct is located in the area of the former Huntley Colliery rehabilitation works. The remaining residential areas are on land outside of the rehabilitation area. The report also provides a summary of the laboratory test results which were undertaken in accordance with ‘Planning Guidelines for State Environmental Planning Policy (SEPP) 55 - Remediation of Land’ (DUAP and EPA 1998). From the soil sampling results and historical review of the site, the ‘Preliminary/Targeted Soil Investigation at Huntley Heritage Mine Rehabilitation and Dairy Farm Residential Sites’ prepared by Pacific Environmental dated 22 June 2011 report concluded that: • The site soils meet all the relevant criteria (being the National Environment Plan

Measure for Residential Development (NEPM A), and the NSW DEH Guideline “Guidelines for Assessing Service Station Sites (Updated 21st February 2008)”;

• The land proposed to be zoned and developed for residential development is not contaminated, does not require further detailed investigation and does not require remediation works (as defined by SEPP 55); and

• No recommendation is made with respect to remediation of the site in relation to contamination of soil or groundwater.

The report concluded that the matters of contamination of the site were satisfied and it is confirmed that the site is suitable for the proposed recreational and residential uses of the land as sought by the Planning Proposal. Flooding There were no submissions received in regards to flooding impacts however, the NSW Department of Environment, Climate Change and Water noted that the land was flood prone and that further investigation may be required (refer to Attachment 6 – Figure 9). Below are the findings from the report included in the Planning Proposal documentation in relation to flooding and flood access during flood events:


• In the event of flood, modelling indicates that the proposed entry road is flood free in the 1 in 100 year Average Recurrence Interval (ARI) storm event. The entry road to the approved golf club and other adjacent buildings is inundated in the Probable Maximum Flood (PMF);

• In establishing the acceptable level of access, the existing flood affectation of Cleveland and Avondale Roads was accepted by Wollongong Council for Integrated Development Application DA-2009/1037 for the Golf Course and Associated Facilities. Reliable access (up to a depth of 320mm) is achievable during the 1% Annual Exceedance Probability (AEP) flood event at the golf club access road and Avondale Road at the western part of the Planning Proposal site;

• Flood free access can be achieved from the approved golf club and other adjacent buildings via an all weather access road that traverses the golf course and crosses the eastern catchment watercourse;

• Evacuation due to flood waters is unlikely to be required as all of the residential areas will be located above the Probable Maximum Flood (and flood planning level (FPL), which is set at 1% Annual Exceedance Probability +500mm freeboard) and the flood event is a relatively short event, being in the upper catchment area of Mullet Creek. However, it is noted that the access roads adjacent and near to the Planning Proposal site are affected by flood waters in the 1 in 100 year Average Recurrence Interval, presenting a potential access and isolation issue, particularly in times of emergency;

• It is noted that the following roads east of the subject site are inundated during the 1 in 100 Average Recurrence Interval to depths exceeding ‘reliable access’: o Avondale Road approximately 700m to the east: exceeds depth of 1.5m; o Cleveland Road bridge adjacent to the north-eastern boundary of the

subject site: exceeds depth 1.5m; o Cleveland Road approximately 170m east of the bridge: approximate depth

of 1.25m; and o All of the above affected roads are relatively short lengths of road;

• All land proposed to be zoned for residential development (E4 Environmental Living and R2 Low Density Residential) is located above the Probable Maximum Flood as identified in these studies and therefore is above the “flood planning area” as required by the Ministerial 117 Direction for flood prone land. There is opportunity to alter the flood extent of the middle-southern residential zone as the final formation of Heritage Creek is yet to be determined as it is still subject to rehabilitation works; and

• The revised Planning Proposal has regard to the potential to extend the R2 Low Density Residential zone eastward slightly and future development for residential purposes will be subject to a revised flood study for this extent.

It is considered that the flooding impacts for the proposed residential zones, including access, have been satisfactorily addressed for the purpose of the Planning Proposal however, the level of flood access available will need to be further considered when


development applications for residential development are submitted to determine any required access upgrades. Visual Assessment A Visual Assessment was completed upon the request of Council. The following views were provided. External views from roads: 1 Cleveland Road, Dapto (railway bridge adjacent to Dapto High School) – distance

of 4.9km; 2 East of the site on an elevated section of Cleveland Road, Avondale on approach

to the subject site– 420m; 3 East of the site on an elevated part of Avondale on approach to the subject site –

1.45km; 4 Cleveland Road, Avondale (immediately adjacent to the site, looking north-west)

– adjoining; and 5 Cleveland Road, Avondale (immediately adjacent to the site, looking south) –

adjoining; Internal Views from mid-point of the subject site (from approved) golf club site: 6 Looking northward; and 7 Looking eastward. These sites were the only locations (or otherwise very similar points) from where the subject site is visible. All sites could be considered as local visual catchment as the site is generally only visible within a 4.5km distance. The site appears to have limited visibility from most public places due to the natural landscape screening via ridgelines surrounding the site. Having regard to location of the landform to the east in particular, visibility of the land to permit residential development will be apparent only upon immediate approach to the subject site. The residential development will become a new suburb surrounding a fully landscaped golf course having its own identity of appearance and “Golf Course estate gateway” character as viewed from Cleveland and Avondale Roads immediately adjacent to the site. Social and Economic Impacts Council received two (2) submissions relating to the Huntley Hillclimb track which has been used by the Wollongong Sporting Car Club since 1953. The submissions requested that the event be considered in the assessment of the Planning Proposal.


The scope of development and its impact on the Huntley Hillclimb are unclear, as the Planning Proposal considers the land’s appropriateness for the proposed use and not the final development form. It is considered that as the roads are public roads, it is unlikely the event would cease as a result of the Planning Proposal, especially considering that the lower lands are considered part of the West Dapto Release Area which is primarily for urban purposes. The following are considered additional social and economic impacts of the Planning Proposal: • Creation of housing choice; • Creation of construction jobs and flow on effects to business; • Infrastructure and housing to support the golf course as a tourist attraction for

Wollongong; • Potential for land to be dedicated to National Parks and Wildlife for the Illawarra

Escarpment State Conservation Area as well as associated funding for maintenance (subject to future discussions and agreements); and

• The infrastructure would be provided with minimal cost to Council (proponent would be required to fund costs via a Planning Agreement or the like) as part of Planning Proposal.

Further amendments proposed by Council The revised proposal submitted by the proponent has been reviewed by Council officers which has resulted in some additional amendments (“revised amended proposal”), including: • the expansion of the E2 Environmental Conservation and E3 Environmental

Management zone into the proposed RE2 Private Recreation zone, to better conserve the existing vegetation;

• the straightening of zone boundaries to reduce edge effects, generally to expand the E2 Environmental Conservation zone;

• increasing the minimum lot size in the E4 Environmental Living zone from 1,000m² to provide larger lots that will be able to allow dwellings to be more sensitively placed;

• decreasing the minimum lot size for the small patch of R2 Low Density Residential land (6,622m²) on the northern side of Avondale Road (opposite the entrance gate) to 300m² and increasing the floor space ration to 0.75:1, to encourage small lot or town house style development. The extent of residential zone land in this small precinct was reduced to conserve archaeological sites.

It is considered that there may be further opportunity to review the minimum lot size in the R2 Low Density Residential precincts adjacent to Avondale and Cleveland Roads. However, the revision should be undertaken as part of the development of a masterplan and neighbourhood plan for the development.


Options Council has the following options with regard to the revised amended Planning Proposal: 1 Resolve not to progress the revised Planning Proposal. The zoning of the land

will remain unchanged. 2 Resolve to progress the revised amended Planning Proposal to the NSW

Department of Planning and Infrastructure for review and approval as an amendment to the Wollongong Local Environmental Plan 2009.

3 Resolve to, progress only part(s) of the revised amended Planning Proposal to

the NSW Department of Planning and Infrastructure for review and approval as an amendment to the Wollongong Local Environmental Plan 2009. It is noted that a substantially modified proposal may require a further Gateway determination and exhibition.

4 Resolve to exhibit the revised amended Planning Proposal as submitted by the

proponent for further community comment. Option 2 is recommended. As the proponent has demonstrated that the land is capable of supporting residential development around the golf course and has considered the need for mitigating environmental impacts to support a rezoning. A partial rezoning of the site is necessary to remove the 1 Non Urban and 7(b) Environmental Protection Conservation zones from the Wollongong Local Environmental Plan 1990 and bring these lands into the Wollongong Local Environmental Plan 2009. This option will not have any further environmental impacts as the rezoning would be solely to reflect the approved land use being the golf course.

Conclusion The Planning Proposal in its revised (lower impact) form is a significant improvement on previous plans submitted to Council. The reports and referrals indicate that there is potential for the land to support the rezoning of land surrounding the approved golf course (currently under construction). The land is capable of being developed in a sensitive manner and the revised Planning Proposal satisfactorily addresses the issues raised previously by Council and State Authorities. It is likely that a number of issues will need to be resolved at development application stage. This is preferable as the type of information needed to satisfy the


resolution of these issues would only be available at the detailed design stage of the subdivision and construction of dwellings. The applicant has prepared updated reports and addressed issues that resulted from the exhibition. The environmental outcomes are considered to be significantly improved as a result of this work. It is recommended that Council support the submission of the revised Planning Proposal to the NSW Department of Planning and Infrastructure for approval as an amendment to the Wollongong Local Environmental Plan 2009.

BACKGROUND Huntley Colliery was established in 1946 and bought by the State Government in 1951 to supply coal to the Tallawarra Power Station. The mine closed in 1989 and was sold by the State in the 1990’s. In 1998 the Minister for Mineral Resources approved the mine rehabilitation plan which required: 1. The tailing dams be filled, stabilised and rendered incapable of holding water, consistent with

the requirements of the Dams Safety Committee; 2. All slopes be re-contoured to promote long term stability and to facilitate re-vegetation; 3. Land disturbed by mining related activity be rehabilitated; and 4. The site returned to a state equivalent to the pre-mining land use or to an agreed land use that

is compatible with the surrounding land fabric. In December 2004, Council approved DA-2004/1349 for inert waste land filling to occur on-site and rehabilitation of the Tailing Dams. In March 2006, the Department of Planning approved the re-opening of Avondale Mine and the removal of 20,000 tonnes of coal. The Major Project application for Stage 2, being the removal of 200,000 tonnes of coal (MP06/41) has yet to be determined by the Department of Planning. The Joint Regional Planning Panel on 3 December 2010 approved Development Application (DA-2009/1037) for an 18 hole golf course and associated facilities (club house, sports education centre, 60 self contained golf lodges) on the south east part of the site. This use was permissible under Wollongong Local Environmental Plan 1990 as a recreational facility. The middle part of the site (elevation 60-160m) is currently comprised of large rural residential lots that are predominately covered in bushland and are within the Illawarra Escarpment. The former mine buildings are located at elevation 300m at the base of the Illawarra Escarpment cliffs. The western boundary of the site is at the top of the Illawarra Escapement at elevation 500-560m. Table 1 provides a summary of the twenty (20) lots, their current area and zoning. Attachment 2 is a copy of the current zoning map. Table 1 – Subject lots, area and zoning Lot & Deposited Plan

Site Area Current Zone - Wollongong LEP 2009

Current Zone - Wollongong LEP 1990

Proposed Zone - Wollongong LEP (West Dapto) 2010

Lot 26 DP 3083 29.75 ha E2 N/A N/A Lot 1 DP 386238

0.705 ha E2 and E3 N/A N/A

Lot 1 DP 415430


Lot 27 DP 3083 37.990 ha E2 N/A N/A Lot 49 DP 751263

20.230 ha E2 N/A N/A

Lot 55 DP 751263

19.420 ha E2 N/A N/A

Lot 10 DP 867347

68.830 ha E2 N/A N/A

Lot 1 DP 120957


Lot X DP 416731

0.752 ha E3 N/A N/A

Lot B 2.276 ha E3 N/A N/A

Lot & Deposited Plan

Site Area Current Zone - Wollongong LEP 2009

Current Zone - Wollongong LEP 1990

Proposed Zone - Wollongong LEP (West Dapto) 2010

DP 106828 Lot 1 DP 659618


Lot 1 DP 655151


Lot 21 DP 1079478 (owned by DTC No.1 Pty Ltd)


Lot A DP 106828

0.8644 ha E3 N/A N/A

Lot 2 DP 229358

37.518 ha RU2 N/A N/A

Lot 14 DP 3083 53.522 ha RU2 and E2 N/A N/A Lot 1 DP 549152

0.216 ha N/A Non Urban 1 Deferred - was proposed to be E2, E3, RU2 and R2

Lot 2 DP 549152

46.523 ha N/A Non Urban 1 Deferred – was proposed to be E2, E3, RU2 and R2

Lot 1 DP 382339

0.085 ha N/A Non Urban 1 Deferred – was proposed to be R2

Lot 1 DP 229358

41.733 ha N/A Non Urban 1 Deferred - was proposed to be E2, E3, E4 and R2

Total 484.2934 ha

In September 2006 a rezoning proposal was lodged with Council seeking: 1. Village Centre comprising a small retail centre (600-1000m² of retail floor space) to serve the

new community and visitors; 2. International standard golf course – eighteen (18) holes; 3. Golf course club house and recreation centre; 4. Upper terrace – reuse of the Huntley mine buildings and mining area for an ecotourism

development comprising a boutique hotel and self contained tourist accommodation; 5. Steep upper ridge – dwellings set into the escarpment with the density of one (1) to two (2)

dwellings per hectare; 6. Rural Valleys - rural living dwellings on large lots of five (5) dwellings per hectare; 7. Ridgeline forest – suburban residential development around the golf course on the former

rehabilitated ash pond at ten (10) dwellings per hectare; 8. Rehabilitated flat land – residential development around the golf course at ten (10) – fifteen (15)

dwellings per hectare; 9. Lower south-east facing slopes – suburban family living at ten (10) dwellings per hectare; and 10. Funicular rail – possible reuse of the former coal conveyor line as a transport route/tourist

attraction. In total, the original concept plan proposed some 700 dwellings. On 7 May 2007 Council considered a report on the proposal and resolved that:

1. Council endorse the commencement of the rezoning process for Huntley Mine and Avondale Collieries site;

2. A draft Local Environment Plan be prepared in accordance with Section 54 of the Environmental Planning and Assessment Act 1979 to amend the draft Wollongong Local Environmental Plan 2007;

3. The Department of Planning be advised of Council’s resolution; 4. Section 34 and 62 consultation commence with relevant Statutory Authorities; 5. A further report on the proposal be submitted to the Environment and Planning Committee

following receipt of advice from the Department of Planning and Statutory Authorities and the submission of additional information from the proponent; and

6. The proposed lifestyle residential development in the Illawarra Escarpment not be supported at this time, and be reviewed once Council has considered the recommendations of the Illawarra Escarpment Land Use Review.

The draft Local Environmental Plan was not supported by the NSW Department of Planning LEP Review Panel. However, the (then) Minister for Planning invited the proponent to prepare and submit a “Gateway” proposal to justify the rezoning of the site. In May 2009, the Department advised the proponent and Council that the draft Local Environmental Plan was being returned to Council for assessment. The proponent also made a submission during the exhibition of the draft Wollongong Local Environmental Plan 2009. As part of its consideration of submissions, Council at its meeting on 28 July 2009 resolved that:

The additional information for the Huntley Mine rezoning be submitted to the Department of Planning for evaluation. The proposal include the additional use of “hotel and motel accommodation” on the former mine entrance part of the site (Lot 27 DP 3083). If endorsed by the Department of Planning the draft proposal will be exhibited for community comment.

SUMMARY OF SUBMISSIONS

Community Submissions No. Address Submission Comments C1 Neighbourhood

Forum 5 Land ownership of escarpment. Reintroduce the Fair Trading Scheme. No land should be rezoned to allow dwellings unless significant

areas are transferred to public ownership. Guidelines should be developed to establish a process for these

transfers. Escarpment lands be incorporated into National Parks.

C2 DTC No. 1 Pty Limited

Supports the proposal in principal. Re: Lot 21 DP 1079478 – 11 rural residential lots are appropriate

but the remainder should be considered for minimum lot size of 10ha.with an E3 zone (previous submission attached).

C3 TCG Planning

(Proponent) Minor omission from proposed zone map which relates to

identification of R2 zone - 6 lots west of Cleveland Road. These are identified on the Master plan which was placed on

exhibition.

C4 National Parks Association of NSW - non govt Wollongong

Object to the proposal. Threat to bushland. Lack of consistency with overall planning blueprints. The hotel is too high in the escarpment. Accelerated land release that is not planned from decades. Isolated. No commercial services. No public transport or other infrastructure. Car dependant. Add stress to Dapto town centre. EEC’s. Consistency with Escarpment Plan should be considered. Reports of dumping contaminated fill. Request a public inspection of land.

C5 Resident Wollongong (2 submissions)

Wants justification for the minimum lot sizes of R2 and E4. Requests an on-site meeting. Wants the buildings removed and the area restored to bush. Objects to proposal in the escarpment.

C6 Resident Marshall Mount

Object to SP3 Tourist Zone – undesirable precedent. Affected by cliff rock fall which cannot be prevented. Bush Fire Report recommends 10m buffers – seems inadequate. If

a larger buffer is required too much vegetation will be lost. Contrary to the Draft Illawarra Biodiversity Strategy and IRS. Tourist component should be relocated to adjoin golf course. Walking track through the escarpment – better tourist outcome.

C7 Resident Dapto

Own Lot 1 Avondale Colliery Road (Lot 1 DP 867347). Inconsistent IESMP – particularly the rural residential and hotel


Community Submissions No. Address Submission Comments

components. Risk accelerating creek line degradation. Inadequate fire escape roads (for existing & potential residents). How will trespass, noise, fire risk and traffic be mitigated for

current residents? Requested a meeting with the developer. Avondale Road is inadequate. Currently opposed to proposal.

C8 Resident Thirroul

Site is unsuitable. Issues include fill, toxicity, flooding, and traffic.

C9 National Trust of Australia (Illawarra –Shoalhaven)

Objects to the proposed rezoning of E2 and E3 for SP3. Core needs to be protected. Landscape and Visual Impact Assessment should have been

conducted. Provision of second access is opposed –impacts on ecosystem. In principle support to building reuse but not new structures on

the remnant slabs. If however additional development approved then needs to be

small scale and subject to VIA. Ensure retention of trees. Fair Trading Scheme needs to be reintroduced to enable land to be

transferred to public ownership.

C10 Wollongong Sporting Car Club

Huntley Hillclimb provides the Illawarra with its only motor sports venue.

Valuable opportunity through community participation and driver training/mentoring.

Concerned about the impacts on the event which is integral to the club.

Club has existing infrastructure in place. Request that the impacts be taken into account.

C11 Resident Yallah

Huntley Hillclimb track used by Wollongong Sporting Car Club since 1953 should be considered in the assessment.

C12 Resident

Keiraville NSW Opposes the components that impinge on escarpment. No land in E2 or E3 should be rezoned unless significant areas are

transferred to public ownership. Clear guidelines be drafted to facilitate the transfer. Current proposal be deferred until a Fair Trading scheme exists.

C13 Petition from Dapto residents

174 signatures. The site has no water supply or sewer connection. Effects of run off on Mullet Creek. Avondale Road is aging and Cleveland Road is not a practical

alternative.


Community Submissions No. Address Submission Comments C14 Petition Dapto

residents 60 signatures. The site has no water supply or sewer connection. Effects of run off on Mullet Creek. Poor conditions of the road and traffic increases.

State Government Authority Submissions No. Address Submission Comments SA1 Sydney

Catchment Authority

As a small part of Lot 55 DP 751263 is located in the drinking water catchments of Sydney and adjacent regional centres.

Therefore the proposal should be consistent with the Drinking Water Catchments Regional Environmental Plan No1.

Planning direction 5.2 Sydney Drinking Water Catchments therefore applies.

Objects to allowing ‘recreational activities (outdoor)’ as an additional use, some of these uses as defined in dictionary are inappropriate.

SA2 Rural Fire

Service Does not support the rezoning of land to allow tourist and hotel

accommodation (Zone 1). o Issues to be address include density and use versus level of risk. o Isolation generates evacuation difficulties. o Access and egress arrangements must be compliant with Planning

for Bushfire Protection (PfBP). Do no support the proposed layout in Zone 3 and 4 (Residential). The provision of one road in and out and no perimeter road is not

supported. Residential could supported if proponent addresses:

o Proposed density with the level of risk; o Identify the potential bush fire threat to individual sites; o Provisions consistent with Planning for Bushfire Protection

(PfBP) re minimum residential lot depths to accommodate asset protection; access and egress which is safe operational access for emergency services to an area while residents evacuate; adequate water supply etc;

o Identify if bush fire measures will adversely affect the environment; and

o Minimise the perimeter of area interfacing the hazard which may develop.

Seek further information on access arrangement for the proposed Rural Residential Zone 2.

APZ identified by the report may not be suitable for future development depending on the exact location of the building envelope (should only be a guide).

Report does not reflect the introduction of AS3959-2009 “Construction of buildings in bushfire prone areas’.

Advises Council to limit of exclude development in bush fire prone areas where:


State Government Authority Submissions No. Address Submission Comments

o Difficult to evacuate; o Create access and egress difficulties; o Result in increased Government spending on bushfire

mitigation, infrastructure or service; and o Incur significant environmental costs.

SA3 Integral

Energy No capacity in existing distribution network adjacent the site to

supply the proposed development. Integral proposes to establish a new 132/11kV zone substation

funded by Integral in 3-5 years subject to Integral receiving commitment from the customer that the development will proceed and obtaining title of a site for the substation.

Two new feeders will be required from the substation to the development these will be funded and constructed by the customers.

Customer will be responsible for installation and funding of the “connection assets”.

SA4 Wingecarribee

Council Planning Proposal is satisfactory. Pleased for residents and visitors that the site is being proposed for

a recreation use and that the location of these on the lower escarpment will minimise visual impacts.

SA5 Lake Illawarra

Authority No objection provided:

o Ensure appropriate zones for riparian corridors are maintained; o Impacts on quality of downstream waterways leading to Lake

Illawarra are considered; and o On-site sewerage treatment plant must have safeguards - no

detrimental effects downstream at any time.

SA6 RTA Arrangements need to be made for service provision with Special Infrastructure Contribution or VPA.

No objection provided: o Traffic signals provided at Princes Highway and Huntley Road; o Prior to CC SIDRA modelling be undertaken to justify the

layout of signals (10 year scenario); o Prior to issuing CC concept plan be provided to RTA showing

property boundaries; o All road works, traffic control facilities and other works

including property acquisitions will be at nil cost of RTA; and o All work to be completed prior to occupation developer will be

required to enter into a Works Authorisation Deed. Huntley and Avondale Road from its intersection at Huntley Road

be upgraded to Council standards prior to occupation of area. Relocation of any utility poles with the clear zone of the roads

required to be upgraded.

SA7 Department of SP3 Tourist inappropriate due to: remoteness, steep terrain,



Environment Climate Change and Water

potentially unacceptable bushfire risk, limited emergency access/egress, large extent of clearing required to meet bushfire protection requirements, direct environmental impacts.

Rural residential development not well justified. RU2; RE2 and R2 have less environmental constraints however

there are concerns relating to Aboriginal cultural heritage, bushfire and impacts on identified EECs.

In south-western part of site the proposed RE2 and R2 zone boundaries extend into E2 – unacceptable.

E2 lands in west of site forms part of ‘core’ or ‘support for core’ conservation lands and should be protected, consistent with IESMP 2005.

Proposal inconsistent with Section 117(2) Direction No. 13[sic - 2.1], Part 1 (Environmental Protection Zones).

Bioregional Assessment Study Part III 2002 identifies all land portions within the study area bar Lot 1 DP 229358, as being of highest conservation value.

Inconsistent with Illawarra Regional Strategy does not appear to reflect a ‘long-term strategic vision for protecting these escarpment lands and the regional Moist Forest Fauna Linkage: a virtually continuous habitat corridor’.

Significant loss of two endangered ecological communities (Illawarra Subtropical Rainforest-ISR and Illawarra Lowland Woodland) will occur as a result of development (including clearing for APZs).

Preliminary review reveals 15ha of ISR EEC may be cleared or modified to accommodate APZs for tourist accommodation.

Recommend a biodiversity assessment be undertaken. Council must undertake own assessment under Section 5A of the

EP&A Act 1979 with regards to threatened species. Submitted Flora & Fauna Assessment states biobanking or other

compensatory measures may be required, however compensatory measures are inappropriate as extent of impacts on flora and fauna have not yet been identified and assessed.

Submitted Flora and Fauna Assessment inadequate, does not quantify extent or magnitude of impacts to vegetation, habitats & fauna.

Proposal does not include adequate detail on protection of Riparian Corridors (all land in study area contain Category 1 streams).

The proposal has the potential to impact on areas of Aboriginal cultural sensitivity. Recommend further systematic sampling for Aboriginal archaeological evidence and further consultation.

Management of Aboriginal heritage through stop work provisions as recommended in submitted BIOSIS report 2007 is not appropriate and not supported.

Potential for objects to occur across the landform and potential heritage values should be identified and assessed at rezoning stage to ensure adequate protection.

Possibility of contamination residential may not be appropriate use in these areas. Further investigation to confirm extent of land filling



upon site is required. Recommends following principles, taken from IESMP, be applied

to any revised zonings and permissible uses: o no clearing of native vegetation for dwelling site/provision of

services/ for APZs; o contain APZs in already cleared areas; o ecological restoration where possible; o vegetated buffers adjoining high conservation land and riparian

corridors. Recommend careful consideration be given to potential impacts of

flooding on site as part of rezoning process. The submitted documents do not clearly identify the nature and extent of flooding on the site as it relates to the propose land use zones.

SA8 NSW Industry

& Investment Agriculture Comments: Prime agricultural lands will be developed for housing and

recreation. Illawarra Regional Strategy recognises their importance and should be considered.

Should be consistent with the intent for the area – vision or master plan for West Dapto.

I&I does not consider the Class 2 and 3 lands (north of Avondale Road, east of Cleveland Road and south of Avondale Road) are suitable for residential development given the importance of these lands for food production.

Recommend considering the need for this development given the release of West Dapto.

Mineral Resources Comments: Further mining unlikely. I&I Minerals have no objection to proposed rezoning on the

condition discussions continue between the proponent and Gujarat NRE.

Should take into account previous mining related uses which may limit future uses or require additional treatment.

Consideration of subsidence is recommended and Mine Subsidence Board should be contacted.

Fisheries/Aquaculture Comments: Solomons Gully Creek- tributary of Mullet Creek is a key fish

habitat and must be protected through buffer zones and rehabilitation etc.

Insufficient information provided in relation to how riparian corridors will be protected and managed.

Future Vegetation Management Plans and Riparian Corridor Management Plans should be provided to I&I Fisheries prior to development of the site.


State Government Authority Submissions No. Address Submission Comments SA9 Southern

Rivers Catchment Authority (Additional Consultation)

Native Vegetation Act (NV Act) is a separate approval which may be required if native vegetation is to be cleared in certain zones unless the clearing is otherwise excluded or permitted under the Act. The golf course may therefore require additional approvals for clearing in the proposed RE2 Private Recreation zone. This issue was conveyed to TCG Planning.

The site has high biodiversity significance with 9 threatened species, 2 endangered ecological communities (EEC’s) and 1 listed migratory species were recorded.

NV Act applies (RE2, E2 and E4 but excluding the R2) it is more appropriate to use the Environmental Outcomes and Assessment Methodology (EOAM) as it underpins the operation of the NV Act.

Clearing of EEC’s does not pass the “improve or maintain” test therefore clearing cannot be offset and approval cannot be granted.

The report prepared by the consultant indicates that up to 7.3 ha of Illawarra Lowland Grassy Woodland EEC will be lost or modified, which is considered to be a significant loss of an EEC.

Do not support the E4 Environmental Living zone or the proposed 1000m2 lot size because of the potential impacts on the Illawarra Lowland Grassy Woodland EEC.

EEC’s are zoned either E2 or E3. Any offsets should be agreed to prior to any development taking place and recommend that the proponent include Conservation Property Vegetation Plans as mechanisms for delivering offsets.

It is preferred that that good quality native vegetation is not cleared for the purpose of Asset Protection Zones.

It appears that the APZs are not contained within the R2 and E4 zones as specified in the report and that the statement contradicts the report.

The areas zoned R2 are not covered by the Native Vegetation Act and therefore clearing in that area does not require approval for clearing.

SA10 Office of

Environment and Heritage (Additional Consultation)

The proposal does not improve or maintain biodiversity values. The proposal was inconsistent with the protection of significant

native vegetation and regional biodiversity corridors. Should biodiversity impacts be unavoidable then the Planning

Proposal should include a viable and achievable biodiversity offset package.

The proposal should identify the conservation mechanisms to be used to ensure the protection and management of offset areas and include an appropriate Management Plan.

The Biodiversity Certification Assessment Methodology (BCA Method) allows for impacts on “red flag areas” such as: o Vegetation types that are more than 70% cleared; o Endangered ecological communities; o Threatened species that cannot withstand further loss; and o Areas of vegetation recognised as having regional or state



biodiversity conservation significance. Identified offsets be permanently set aside for conservation

protection together with identified funding sources for future active management. Some appropriate measures include: o Reservation of land under the National Parks and Wildlife Act

1974; o A biodiversity banking Agreement in accordance with Part 7A

of the TSC Act; o Acquisition and retirement of biodiversity credits from the

biodiversity register established under Part 7A of the TSC Act; and

o Dedication of the land as a flora reserve under section 25 A of the Forests Act 1916.

Note that the Aboriginal Cultural Heritage Assessment was not completed before the Planning Proposal.

No explanation of the values or criteria. Unclear about locations of no testing. Not that the consultation is yet to be completed with Aboriginal

community. Proposal must carefully consider the flooding issues.

SA11 Rural Fire Service (Additional Consultation)

Notes the lots will be subject to future assessment as Development Application stage.

Note significant assessment of fire threat and potential ability of future development to comply with the provisions of Planning for Bushfire Protection – applicant should be commended for undertaking such assessment at Planning Proposal stage however it is indicative until finalised in DA.

Recommended a road design that provides a fully connected public perimeter road.

Emergency access and egress detailed from public road will be required. Access through the golf course to the north during bushfire should be considered.

1 - Flora and Fauna - Survey Areas

2 - Vegetation within Study Area after NPWS (2002a)

3 - Extent of EECs, Threatened Flora and Hollow Bearing Trees

4 - APZ Locations

5 - Watercourses and Riparian Land

6 - Riparian Corridors

7 – Contamination Sample Locations – Dairy Farm North of Avondale Road

8 – Contamination Sample Locations – Mine Rehabilitation Area

9 – Flood Prone Lands

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