Draft Planning Proposal (LP408) Rezoning of Various ... · Draft LP408 - Planning Proposal –...

Draft Planning Proposal (LP408) - Rezoning of Various Existing Caravan Parks

Prepared by Planning & Development Services Group Shoalhaven City Council File 47831E November 2013

Shoalhaven City Council PO Box 42

NOWRA NSW 2541 telephone (02) 4429 3111 facsimile (02) 4422 1816

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Draft LP408 - Planning Proposal – Rezoning of Caravan Parks Shoalhaven LGA

Planning and Development Services Group, Shoalhaven City Council 3

Table of Contents Table of Contents 3

1 Introduction 5

1.1 Subject Land ........................................................................................................... 5

1.2 Background .......................................................................................................... 11

2 Part 1 –Intended Outcome .......................................................................................... 13

3 Part 2 – Explanation of Provisions .............................................................................. 13

4 Part 3 – Justification ................................................................................................... 14

4.1 Need for the planning proposal (Section A) .......................................................... 14

4.1.1 Is the planning proposal a result of any strategic study or report? ................. 14

4.1.2 Is the planning proposal the best means of achieving the objectives or intended outcomes, or is there a better way? ..................................... 15

4.2 Relationship to strategic planning framework (Section B) ..................................... 16

4.2.1 Is the planning proposal consistent with the objectives and actions contained within the applicable regional or sub-regional strategy (including the Sydney Metropolitan Strategy and exhibited draft strategies)? .......... 16

4.2.2 Is the planning proposal consistent with the local council’s Community Strategic Plan, or other local strategic plan? ...................................... 16

5.2.3 Is the planning proposal consistent with applicable state environmental planning policies? ............................................................................... 17

5.2.4 Is the planning proposal consistent with applicable Ministerial Directions (s.117 directions)? .............................................................................. 17

5.3 Environmental, Social and Economic Impact (Section C) ..................................... 18

5.3.1 Is there any likelihood that critical habitat or threatened species, populations or ecological communities, or their habitats, will be adversely affected as a result of the proposal? ................................................................ 18

5.3.2 Are there any other likely environmental effects as a result of the planning proposal and how are they proposed to be managed? ...................... 18

5.3.3 How has the planning proposal adequately addressed any social and economic effects? .............................................................................. 19

5.4 State and Commonwealth Interests (Section D) ................................................... 19

5.4.1 Is there adequate public infrastructure for the planning proposal? ................. 19

5.4.2 What are the views of state and Commonwealth public authorities consulted in accordance with the Gateway determination? .................................... 19

6 Part 4 – Mapping ........................................................................................................ 19

7 Part 5 - Community Consultation ................................................................................ 19

8 Part 6 – Project Timeline ............................................................................................ 20



Attachment A – Special Development Committee Council report and resolution to prepare a Planning Proposal. ............................................................. 21

Attachment B – Special Development Committee Council report and resolution to prepare a Planning Proposal – 101 Ethel Street Sanctuary Point. ..... 24

Attachment C – Ministerial Directions .......................................................................... 26

Attachment D – Draft SLEP 2013 Submissions ........................................................... 28

Tables Table 1 - Planning Proposal Subject Site details ............................................................. 6 Table 2 - Excerpt from draft Shoalhaven Local Environment Plan 2013 – Fact Sheet .... 6

Zone Conversion tables. ................................................................................. 11

Table 3 - Planning Proposal - Proposed Changes ......................................................... 13 Table 4 - Planning Proposal Project Timeline ................................................................ 20

Figures Figure 1 - Planning Proposal Locations ............................................................................ 5

Planning Proposal Maps



1 Introduction

This Planning Proposal seeks to rezone eleven (11) existing caravan park sites and

associated land within the Shoalhaven Local Government Area (LGA) to the SP3 Tourist

zone. It aims to resolve the issue of ‘caravan parks’ becoming a potentially prohibited use

for a number of the sites in the proposed E3 Environmental Management zone in the

adopted draft Shoalhaven Local Environmental Plan (LEP) 2013. It also proposes to

rezone an adjoining site from a current residential zone to allow extension of a caravan

park. Through this planning proposal, Council is seeking to rezone the subject caravan

park sites to a zone (preferably SP3) that specifically allows ‘caravan parks’ as a permitted

use.

1.1 Subject Land The subject caravan park sites are situated throughout the Shoalhaven LGA.

Figure 1 - Planning Proposal Locations

More specifically, this Planning Proposal relates to the following sites as described in

Table 1 below.

Please note for caravan park sites 1-10, the Planning Proposal seeks to only zone the

whole or part of each site which was exhibited as E3 during the draft LEP 2013 exhibition

and later “deferred” by Council in the finalisation of the LEP.



Table 1 - Planning Proposal Subject Site details

Site Name Site Details

1 Shoalhaven Ski Park

Lot 1 DP 725938

70 Rockhill Road North Nowra

Location:

Located approximately 3 kilometres (km)

west of Nowra on the banks of the

Shoalhaven River.

Current zoning:

Environment Protection 7(d1)(Scenic)

Exhibited zoning - LEP 2013:

E3 Environmental Management (deferred

from adopted draft LEP 2013).

Site Characteristics:

The 8.41ha site is an established caravan

park which is developed with caravan

sites fronting the river with some vacant

area located at the northern end of the site

which are used for overflow camping. The

site is low lying, is within the coastal zone

and partly within a sensitive coastal

location. The northern corner of the site

comprises part of a wetland area. The

site is potentially flood liable and

potentially contains acid sulphate soils

(ASS).

2 Grady’s Riverside Retreat

Part of Lot 1 DP 840803

674 Burrier Road, Burrier

Location:

Located approximately 12.5km west of

Nowra on the banks of the Shoalhaven

River.

Current Zoning:

Environment Protection 7(d1) (Scenic)

Exhibited zoning - LEP 2013:




The site is an established caravan park

surrounded by rural land, is within a

scenic preservation area as defined in

LEP 1985 and is potentially flood liable.

The whole site is approximately 6.75ha

with 4ha subject to the Planning Proposal.



Site Name Site Details

3 Bushy Tail Caravan Park

Lot 81 DP 755907

29 Deakin Street, Wrights Beach

Location:

Located in Wrights Beach on the eastern

side of St Georges Basin.

Current Zoning:


Exhibited zoning - LEP 2013




This 2.54 ha lot is within the coastal zone

and partly within a sensitive coastal

location. The site is also partially bushfire

prone. The majority of the site is cleared

and is fully developed.

4 Erowal Bay Holiday Co-op


66 Wrights Beach Road, Bream Beach

Location:

Located at Bream Beach on the eastern

side of St Georges Basin.

Current Zoning:





Site Characteristics

Approximately 3ha of the whole of Lot 76

(7.79ha) is subject to the Planning

Proposal. The site is partially developed

with dispersed vegetation. This site is

within the coastal zone and partly within a

sensitive coastal location. The site is also

partially bushfire prone.



5 Conjola Lakeside Van Park

Lot 1 DP 1041770

1 Norman Street, Lake Conjola

Location:

Located on the southern foreshore of Lake

Conjola.

Current zoning:

Environment Protection 7(f3)(Foreshores

Protection)





The 21.35ha lot has an approved staged

development consent over the site

(DA94/1558) for the caravan park and

ancillary structures with the northern half of

the lot (which is identified as flood prone)

already developed. This site is within the

coastal zone and partly within a sensitive

coastal location. The site is also partially

bushfire prone.

6 Lake Conjola Deepwater Resort


Garrad Way, Lake Conjola

Location:

Located on the southern foreshore of Lake

Conjola.

Current zoning:

Environment Projection 7(f3)(Foreshores)





Approximately 1.5ha of Lot 250 (3.88 ha) is

subject to the Planning Proposal. The site

is low lying and located on a sand spit land

form. It is within the coastal zone and is

identified as within a sensitive coastal

location. The site is flood liable and

potentially contains acid sulphate soils

(ASS). This part of the site is completely

developed although affected by flood

waters and coastal hazards.



7 Dolphin Point Tourist Park


Dolphin Point Road, Dolphin Point

Location:

Located on the foreshore of Burrill Lake.

Current zoning:

Environment Protection 7(f2)(Coastal

Reservation)





Approximately 1.5ha of Lot 12 (1.91ha) is

subject to the Planning Proposal. The site

is low lying, is within the coastal zone and

is identified as within a sensitive coastal

location. The site is flood liable, contains

potential acid sulphate soils (ASS) and is

partly bushfire prone.

8 Wairo Beach Caravan Park

Lots 153 & 149 DP 755972

F425 Princes Hwy, Lake Tabourie

Location:

Located on the Princes Highway at Lake

Tabourie approximately 250m inland from

the coast.

Current zoning:

Environment Protection 7(f1)(Coastal)





The site comprises of two separate lots with

a combined area of 5.9ha. This site is

within the coastal zone and partly within a

sensitive coastal location. The site is also

partially bushfire prone and contains

potential ASS. The site is fully developed

and is surrounded by National Park and

Crown Land.



9 Racecourse Beach Tourist Park

Lot 30 DP 1183066 (formally Lot 1 DP 579750)

381 Murramarang Road, Bawley Point

Location:

Located at Bawley Point approximately

150m from the coast.

Current zoning:

Environment Protection 7(f1)(Coastal)





The 18.6ha property has a mixture of

caravan parks sites dispersed within

disturbed vegetation. This site is within the

coastal zone, is partially bushfire prone

and contains potential ASS. There is a

small creek which runs through the site out

to the ocean. The site is bounded by

environmental and rural zoned land.

10 Wairo Beach Bush Missionary Society Caravan

Park - Burrill Pines

Lots 157, 160 & 161 DP 755972

F275A Princes Hwy, Burrill Lake

Location:

Located approximately 200 metres inland

from the coast at Burrill Lake.

Current zoning:

Environment Protection 7(f1) (Coastal)





The site is Crown Land and comprises of 3

lots with a total area of approximately 2.8

ha. About two thirds of the site is

developed with the remaining area

considered disturbed vegetation. The site

is situated within the Meroo National Park.

The site is identified as being within the

coastal zone and is bushfire prone.



11 Palm Beach Caravan Park Extension

Lot 80 DP 16557

101 Ethel Street, Sanctuary Point

Location:

Located within the urban area of Sanctuary

Point.

Current zoning:

Residential 2(a1)


R2 Low Density Residential (deferred from

adopted draft LEP 2013).


This 765m2 lot is owned and used by the

owner/operator of the existing Palm Beach

Caravan Park where the adjoining 7 lots

are proposed to be zoned SP3 Tourist.

The site is within the coastal zone and

currently has a structure on it which is

ancillary to the adjoining caravan park use.

1.2 Background

The caravan park sites 1-10 are all or partially located in existing environment protection

zones under Council’s current Shoalhaven LEP 1985. These existing environment

protection zones currently allow ‘caravan parks’ as a permissible use with consent.

During the draft Shoalhaven LEP 2013 process, a number of the existing environmental

protection zones in LEP 1985 were transferred and compressed into the Standard

Instrument’s E3 Environmental Management zone (see Table 2 below). As a result, the

subject caravan sites 1 – 10 were proposed to be transferred to the E3 zone where

‘caravan parks’ are a proposed prohibited use.

Table 2 - Excerpt from draft Shoalhaven Local Environment Plan 2013 – Fact Sheet 6 Zone Conversion tables.

Environmental Protection Zones

Shoalhaven LEP 1985 Draft Shoalhaven LEP 2013

Environment Protection 7(d1)(Scenic) E3 Environmental Management

Environment Protection 7(f1)(Coastal) E3 Environmental Management

Environment Protection 7(f2)(Coastal Reservation)

E2 Environmental Conservation

Environment Protection 7(f3)(Foreshores Protection)

E3 Environmental Management



Under the proposed E3 Environmental Management zone, the subject caravan parks

would have to rely on existing use rights to continue operating at their current capacity and

potential expansion / diversification could be constrained. Thus the intention of the

planning proposal is not to necessarily increase development potential over these sites but

the proposed E3 zone limits any opportunity for future expansion where sites have not

reached development capacity.

During the re-exhibition of draft LEP 2013, five (5) submissions were received by or on

behalf of caravan park owners objecting to the E3 zoning of their land given it does not

permit ‘caravan parks’ and the potential impact on land value or ability to obtain continued

finance (see Attachment ‘D’ – Submissions to draft SLEP 2013). This issue was reported

to Council during the post re-exhibition period and Council resolved to defer the subject

sites and commence a planning proposal to seek to rezone the sites to SP3 Tourist to

ensure that they were appropriately rezoned and not unduly restricted/constrained in the

future (Attachment ‘A’ – Council Report and Resolution).

In regards to Caravan Park Site No.11, the owner/operator of Palm Beach Caravan Park

submitted a request as part of the re-exhibition of draft LEP2013 to rezone the lot adjoining

the caravan park (Lot 80 DP 16557, 101 Ethel Street, Sanctuary Point) from the proposed

R2 Low Density Residential to SP3 (see Attachment ‘D’ – Submissions to draft SLEP

2013) consistent with the remainder of their holding. The adjoining seven (7) lots comprise

the existing Palm Beach Caravan Park which is proposed to be zoned SP3 Tourist in LEP

2013. The purpose of the request was to enable the relocation of five approved powered

sites currently situated on the adjacent property to a more appropriate location. The

request is not intended to increase the current existing 55 approved sites. It appears that

Lot 80 has been part of the overall caravan park holding for some time, albeit in a different

zone, and used informally as such.

The request for the SP3 zoning over Lot 80 DP 16557, Ethel Street, Sanctuary Point was

also reported to Council during the draft LEP 2013 post exhibition period and Council

resolved to include the proposal to amend the zoning of Lot 80 DP 16557 in the overall

Planning Proposal for the Caravan Park rezoning, to ensure a timely resolution of this

matter (Attachment ‘B’ – Council Report and resolution)

As such this Planning Proposal seeks to implement the aforementioned Council

resolutions.



2 Part 1 –Intended Outcome

The intended outcome of this planning proposal is to provide certainty to the affected

landowners by permitting the continuing use of the approved caravan parks and their

landholdings through a zoning that specifically allows caravan parks. It is not the intention

of the planning proposal to dramatically increase development potential over the sites.

3 Part 2 – Explanation of Provisions

For caravan park sites 1-10, the Planning Proposal seeks to only zone the whole or part of

each site which was exhibited as E3 during the draft LEP 2013 exhibition and “deferred” by

Council in the finalisation of the LEP.

The proposed outcome will be achieved by amending the Land Zoning Map under clause

1.7 of draft LEP 2013 as described in the table below and the corresponding maps for

each site. It is noted that specific map overlays that correspond to each site will be

amended, these are identified in Table 3 below and in the attached Planning Proposal

Maps.

Table 3 - Planning Proposal - Proposed Changes

Site Name Draft Shoalhaven LEP 2013- Planning

Proposal Proposed Map Layers

1 Shoalhaven Ski Park

Lot 1 DP 725938

70 Rockhill Road, North Nowra

LZN SP3 Tourist

ASS Acid Sulfate Soils

WCL Natural Resource Sensitivity -

Watercourses

SCP Natural Resource Sensitivity – Scenic

Protection

2 Grady’s Riverside Retreat


674 Burrier Road, Burrier

LZN SP3 Tourist

WCL Natural Resource Sensitivity - Watercourses

3 Bushy Tail Caravan Park

Lot 81 DP 755907

29 Deakin Street, Wrights Beach

LZN SP3 Tourist


CLS Local Clause 7.15

4 Erowal Bay Holiday Co-op


66 Wrights Beach Road, Bream

Beach

LZN SP3 Tourist





5 Conjola Lakeside Van Park

Lot 1 DP 1041770

1 Norman Street, Lake Conjola

LZN SP3 Tourist



FLD Flood Planning Area

6 Lake Conjola Deepwater Resort

Lot 250 DP 1125372

Garrad Way, Lake Conjola

LZN SP3 Tourist




7 Dolphin Point Tourist Park


Dolphin Point Road, Dolphin Point

LZN SP3 Tourist



8 Wairo Beach Caravan Park

Lots 153 & 149 DP 755972

F425 Princes Hwy, Lake Tabourie

LZN SP3 Tourist



9 Racecourse Beach Tourist Park

Lot 30 DP1183066 ( formally Lot 1 DP

579750)

381 Murramarang Road, Bawley Point

LZN SP3 Tourist


10 Wairo Beach Bush Missionary Society

Caravan Park - Burrill Pines

Lots 157, 160 & 161 DP 755972

F275A Princes Hwy, Burrill Lake

LZN SP3 Tourist


11 Palm Beach Caravan Park

Lot 80 DP 16557

101 Ethel Street, Sanctuary Point

LZN SP3 Tourist


LSZ Minimum Lot Size


It is assumed this amendment will occur after or in conjunction with the finalisation of the draft LEP 2013, dependent on timing.

4 Part 3 – Justification

4.1 Need for the planning proposal (Section A)

4.1.1 Is the planning proposal a result of any strategic study or report?



The Planning Proposal is not the result of a strategic study or report. For Sites 1-10 the

Planning Proposal is the result of concerns raised with the E3 zone under draft LEP 2013

and the removal of ‘caravan parks’ as a permitted use from that zone. For Site 11, it is a

site specific rezoning request that arose during the exhibition of Council’s draft LEP 2013.

4.1.2 Is the planning proposal the best means of achieving the objectives or intended outcomes, or is there a better way?

In regard to Sites 1-9, changing the land zone map to SP3 Tourist will mean ‘caravan

parks’ remain a permitted use and will satisfy the objectives and outcomes of the planning

proposal. The proposed zoning will secure the future of these existing caravan parks.

Considering the disturbed/developed nature of a majority of the subject sites, the proposed

change of zone achieves the intended outcome of the planning proposal. However, the

proposed rezoning is somewhat inconsistent with the draft LEP 2013 transfer approach

and could in turn widen the range of permissible uses for these particular sites including

some that are incompatible with the existing locations e.g. serviced apartments. It is

however noted that most of the sites have physical or locational constraints that would limit

this form of development.

Further, two (2) sites discussed in Section C - Environmental, Economic and Social impact

(Sites 1 & 9) of this proposal do have existing environmental value. These values will

need to be recognised by ensuring the Terrestrial Biodiversity map overlay and other

relevant environmental map overlays are produced for these.

Other options may be for the caravan parks to retain the exhibited E3 zone and continue

under existing uses or alternatively retain the exhibited E3 zone and include a clause in

Schedule 1 Additional permitted uses to allow for caravan parks on the sites. This latter

option provides more certainty to the landowners than relying on ‘existing uses’ and retains

the environmental objectives of the zone. The owners do not support this approach as they

are concerned that it will limit their ability to obtain finance given the overlying

environmental protection zoning. Council shares the owners concerns and has resolved to

pursue the requested SP3 zoning.

For Site 10, (Wairo Beach Bush Missionary Society Caravan Park), a more appropriate

zone may be RE1 Public Recreation to reflect the Crown Land tenure of the site and a

previous request to rezone the site to RE1 by Crown Lands in their submission to the draft

SLEP 2013 (see Attachment ‘D’).

In regards to Site 11 (Ethel Street Sanctuary Point), the planning proposal would allow

continuation of the adjoining zone (SP3 Tourist) and facilitate continued use as a caravan

park and is therefore the most appropriate means of achieving this objective.



4.2 Relationship to strategic planning framework (Section B) Given the various locations of the subject sites across the Shoalhaven LGA, some or all of

the following strategic plans and strategies will apply.

4.2.1 Is the planning proposal consistent with the objectives and actions contained within the applicable regional or sub-regional strategy (including the Sydney Metropolitan Strategy and exhibited draft strategies)?

South Coast Regional Tourism Plan (2003-2006)

The South Coast Regional Tourism Plan 2003-2006 provides clear and achievable

priorities for tourism development and marketing activities on the South Coast of New

South Wales. It aims to improve the yield from tourism and its contribution to the future

development of the South Coast of New South Wales in economic, social, cultural and

environmental terms. Caravan parks play an important part in Shoalhaven’s tourism

sector.

South Coast Regional Strategy

The South Coast Regional Strategy aims to support economic growth in the region

including tourism, while limiting development constrained by coastal processes, flooding,

wetlands and significant and cultural landscapes. It identifies councils requirements with

zoning land and making provision for natural environments and natural hazards through

implementing applicable natural resource policies, plans and guidelines.

South Coast Regional Conservation Plan (2010)

The South Coast Regional Conservation Plan provides direction to local government on

planning and development decision-making so that the biodiversity of the South Coast can

be maintained or improved.

4.2.2 Is the planning proposal consistent with the local council’s Community Strategic Plan, or other local strategic plan?

Shoalhaven City Council’s Community Strategic Plan, Shoalhaven 2020

The Proposal is consistent with Council’s Community Strategy Plan and the relevant

objective, strategy and action below:

Objective 2.4 Population and urban settlement growth that is ecologically

sustainable and carefully planned and managed



Strategy 2.4.2 Develop land use and related plans for the sustainable growth of the

City which use the core principles of the Growth Management Strategy

and ESD principles, also carefully considering community concerns

and the character of unique historic townships.

Action 2.4.2.3 Implement appropriates land use zones and planning controls that

reflect endorsed strategic plans and strategies

5.2.3 Is the planning proposal consistent with applicable state environmental planning policies?

State Environmental Planning Policy No. 71 – Coastal Protection

This policy aims to protect and manage the natural, cultural, recreational and economic

attributes of the New South Wales coast through ensuring that development in the NSW

Coastal zone is appropriate and suitably located. Most of the lots within the planning

proposal area fall within a sensitive coastal location and this will need to be considered in

agreeing on a suitable zoning.

Jervis Bay Regional Plan (deemed SEPP)

The Jervis Bay Regional Plan aims to protect the natural beauty and species diversity of

Jervis Bay while allowing development that is compatible with this aim to proceed. The

plan includes provisions to protect water quality, landscape attributes, cultural heritage,

natural habitats, and identifies and provides for the acquisition of a future National Park. It

also identifies opportunities for urban development and encourages appropriate tourism

developments.

5.2.4 Is the planning proposal consistent with applicable Ministerial Directions (s.117 directions)?

Given the various locations of the subject sites across the Shoalhaven LGA, some or all of

the Ministerial Directions apply as per Attachment C.



5.3 Environmental, Social and Economic Impact (Section C)

5.3.1 Is there any likelihood that critical habitat or threatened species, populations or ecological communities, or their habitats, will be adversely affected as a result of the proposal?

There is no declared critical habitat in Shoalhaven. However, given the range of known

threatened species, consideration of their habitat generally is a key issue when a zone

change is being considered. With regard to the eleven caravan parks being assessed for

a change of zone, a desktop assessment indicates that there are only two which have

elements that could provide habitat to threatened species. The remaining eight have

effectively removed all habitat features from their land. Mitigation measures could ensure

that the two parks with some environmental value avoid any adverse impacts. Each is

discussed below:

Site 1 - Shoalhaven Ski Park – Contains a small wetland area to the north of the block.

This wetland would most logically retain the E3 Environmental Management zone or be

added to the Biodiversity overlay to ensure that consideration of the environmental values

of the wetland in any future development assessment process.

Site 9 - Racecourse Beach Tourist Park - This is a relatively degraded site, however, it

still retains some habitat value in key areas, predominantly around the creek. Should the

site be rezoned to SP3, provision of an environmental zone such as E3 Environmental

Management around the creek would mitigate impact to threatened species habitat. The

site is however predominantly under scrubbed.

5.3.2 Are there any other likely environmental effects as a result of the planning proposal and how are they proposed to be managed? A wider range of uses and structures are permissible under an SP3 zone compared to an

E3 zone so consequently greater impact is possible. If sensitive areas are included in the

biodiversity overlay then this would assure that adequate consideration of environmental

values would occur during any future development assessment.

Several of the caravan parks are within the 1 in 100 year flood area. All are susceptible to

some bushfire risk. Although the planning proposal is not anticipated to increase the

overall nature of the parks, consideration of these hazards is relevant.



5.3.3 How has the planning proposal adequately addressed any social and economic effects?

The social and economic impacts related to the planning proposal are considered minimal,

however, it is envisaged that the proposal has a positive impact by ensuring the ongoing

use and evolution of the existing caravan parks, hence supporting tourism and its

economic and social input to the region.

The sites do not contain any known European or Aboriginal cultural heritage significance

that could potentially be impacted by the proposal.

5.4 State and Commonwealth Interests (Section D)

5.4.1 Is there adequate public infrastructure for the planning proposal?

The Planning Proposal does not require additional public infrastructure given the existing nature of the parks it covers.

5.4.2 What are the views of state and Commonwealth public authorities consulted in accordance with the Gateway determination?

The nature of this Planning Proposal is such that Council does not consider that any State

or Commonwealth public authorities are required to be consulted in relation to this

Planning Proposal at this time.

6 Part 4 – Mapping

The maps included in this Planning Proposal are provided for information purposes. The

maps identify each site, the draft LEP 2013 exhibited zone, the proposed zone, aerial

views and any other relevant overlays from the draft LEP 2013. Council will prepare

relevant maps for exhibition purposes, as directed by the Department of Planning and

Infrastructure through the Gateway Determination.

7 Part 5 - Community Consultation

Council proposes to exhibit the Planning Proposal in accordance with the requirements of

Section 57 of the Environmental Planning and Assessment Act 1979 (EP&A Act) and/or

any other requirements as determined by the Gateway process.



It is submitted that the Proposal fits the definition of a “low impact planning proposal”

requiring an exhibition period of 14 days. Public notification of the exhibition will include a

local newspaper notifications and a notice on Council’s website. Hard copies of the

Planning Proposal will be available at Council’s Administrative Buildings. Council will write

to all owners adjoining the subject land.

8 Part 6 – Project Timeline

The following milestone timeframes are anticipated and will be revised if any significant

delays are encountered.

Table 4 - Planning Proposal Project Timeline

Task Anticipated Timeframe

Commencement date (date of Gateway determination)

November 2013

Completion of Gateway determination requirements – e.g. studies, Government agency consultation.

December 2013 – January 2014

Public exhibition (14 days) January 2014 – February 2014

Consideration of submissions February 2014

Post exhibition consideration of Planning Proposal

February – March 2014

Finalisation and notification of Plan March – April 2014



Attachment A – Special Development Committee Council report and resolution to prepare a Planning Proposal.

REPORTED AND ADOPTED BY DELEGATED AUTHORITY AT SPECIAL DEVELOPMENT COMMITTEE COUNCIL MEETING HELD ON 17 JULY 2013 Council Report

Issue 4.2: E3 Zoning over Existing Caravan Parks-Submissions Number of Submissions-E3 zoning over Caravan Parks

Type Number

Individual 6

Petitions 0

Local, State and Federal Agencies 1

Rezoning requests 0

CCBs and other community groups 0

Internal 0

Total 7

Key Issues – E3 zoning over Caravan Parks Table 4.2 – Summary of Submissions Issues, Comments and Recommendations

Issue Comment and Recommendation

Six(6) submissions were received by or on behalf of caravan park owners objecting to the E3 zoning of their land given it does not permit ‘caravan parks’. This would mean these caravan parks would have to rely on “existing use rights”. It is inequitable that caravan parks on nearby public land in similar locations will remain a permissible use in the proposed RE1 Public Recreation zones. Concern that the E3 zoning will impact on the value of the land. One (1) submission from Crown Lands raised concern with the E3 zoning at Wairo Beach – where the Bush Missionary Society Caravan Park is located.

The caravan parks referred to are all located in existing environment protection zones under SLEP 1985. A number of the environmental protection zones under SLEP 1985 allow ‘caravan parks’ with consent. In the compression of the existing 8 environmental protection zones, ‘caravan parks’ became a prohibited use in the E3 zone. As a result, these existing caravan parks would have to rely on existing use rights. An addition to Schedule 1 would avoid reliance on existing use rights and provide certainty to the landowners. This would allow continued use without widening the potential uses on the sites via a



The existing caravan parks raised in the submissions are:

Wairo Beach – Bush Missionary Society Caravan Park, F275A Princes Hwy, Burrill Lake (Lots157, 160 & 161 DP 755972)

Wairo Beach Caravan Park F425 Princes Hwy, Lake Tabourie (Lots 143 & 149 DP 755972.

285 Murramarang Road, Bawley Point.

381 Murramarang Road, Bawley Point - Racecourse Beach Caravan Park (Lot 1 DP 579750).

635 Murramurang Road, Kioloa - Kioloa Beach Holiday Park (Lot 128 DP 40869).

1 Norman Street, Lake Conjola - Lake Conjola Lakeside Van Park (Lot 1 DP 1041770).

The submissions generally request a change of zone to RE1, RE2, SP3 or the inclusion of a Schedule 1 Clause to allow the ongoing use of these sites.

zone change, particularly to RE3 or SP3. The LEP “ground rules” included that where practical, the new LEP will recognise existing use. As such given that the subject land could be considered to be an “existing use rights” situation then there was merit in reconsidering the planning provisions applying to the affected properties of this land. Recommendation Amend Schedule 1 development for additional purposes to include the development for the purposes of a ‘caravan park’ for the following properties:

Lots157, 160 & 161 DP 755972, F275A Princes Hwy, Burrill Lake;

Lots 143 & 149 DP 755972, F425 Princes Hwy, Lake Tabourie;

Lot 2 DP 579750, 285 Murramarang Road, Bawley Point

Lot 1 DP 579750, 381 Murramurang Road, Bawley Point;

Lot 128 DP 40869, 635 Murramurang Road, Kioloa; and

Lot 1 DP 1041770, 1 Norman Street, Lake Conjola.

Other similarly affected existing caravan parks that may be identified prior to finalising the plan.

Recommendation 4.2: Support the recommendations in Table 4.5 and amend the draft LEP 2013 Amend Schedule 1 development for additional purposes to include the development for the purposes of a ‘caravan park’ for the following properties:

Lots157, 160 & 161 DP 755972, F275A Princes Hwy, Burrill Lake;

Lots 153 & 149 DP 755972, F425 Princes Hwy, Lake Tabourie;

Lot 2 DP 579750, 285 Murramarang Road, Bawley Point

Lot 30 DP 1183066, 381 Murramarang Road, Bawley Point;



Lot 128 DP 40869, 635 Murramarang Road, Kioloa; and

Lot 1 DP 1041770, 1 Norman Street, Lake Conjola;

Lot 250 DP 1125372, Garrad Way, Lake Conjola; and

Other similarly affected existing caravan parks located on E3 zoned land that may be identified prior to finalising the plan.

Minute number 13.1.4.2 Recommendation 4.2: Note: Russ Pigg left the meeting MOTION: Moved: Watson / Second: Guile

RESOLVED that the Special Development Committee, under delegated authority, that:

a) Caravan parks specifically identified in section 4.2 and other existing caravan parks identified by staff that are proposed to be zoned E3 be deferred from the Plan and included in a planning proposal to be commenced immediately;

b) The General Manager be given delegated authority by Council to progress the planning proposal; and

c) The Planning proposal seek to zone these caravan parks to SP3 and if

possible the planning proposal be incorporated into the gazettal of the LEP 2013.

Note: Clr Watson requested an apology from Clr Findley. Clr Findley declined to apologise. CARRIED FOR: Tribe, Robertson, Anstiss, Gash, Wells, Baptist, Guile, Watson, Kitchener, White AGAINST: Nil



Attachment B – Special Development Committee Council report and resolution to prepare a Planning Proposal – 101 Ethel Street Sanctuary Point. REPORTED AND ADOPTED BY DELEGATED AUTHORITY AT SPECIAL DEVELOPMENT COMMITTEE COUNCIL MEETING HELD ON 17 JULY 2013 Council Report

Request No. J

Submission No.

Property Address

SLEP 1985 zoning

Draft SLEP 2009 zoning

Draft SLEP 2013 zoning

J D13/137568 Andy van den Oever – Owner/operator of Palm Beach Caravan Park on adjoining land.

Lot 80 DP 16557 101 Ethel Street Sanctuary Point

Residential 2(a1)

R2 Low Density Residential

R2 Low Density Residential

Exhibited Draft LEP Zoning

Requested Change Comment and Recommendation

Request: Zone SP3 Tourist, not R2 Low Density Residential The zone change would allow for the relocation of 5 approved powered sites which surround the main residence. If re-zoned, land could become part

This proposal has some merit considering the purpose of the request is to relocate 5 sites that surround the main residence. The owner/operators of Palm Beach Caravan Park own the existing seven (7) lots zoned SP3 which form part of the Caravan Park.



of the Caravan Park and would be used for the 5 relocated powered sites. At present, very few tourist's like the idea of setting up their vans outside the owners Lounge, Kitchen and Dining room windows. Would not increase the number of approved sites - would remain at 55 sites.

Extract of Community Map/Site Plan from landowner’s submission This request would effectively permit an extension of the existing Caravan Park. Appropriate community consultation is warranted for such a proposal and it is recommended that the request be considered as a future Planning Proposal. Recommendation Receive for information and advise the landowners to submit a future Planning Proposal to amend the zoning of Lot 80 DP 16557, 101 Ethel Street Sanctuary Point from R2 to SP3.

Recommendation 4.5.J Receive for information and advise the landowners to submit a future Planning Proposal to amend the zoning of Lot 80 DP 16557, 101 Ethel Street Sanctuary Point from R2 to SP3.

Council Minute

Recommendation 4.5.J MOTION: Moved: Watson / Second: Gash RESOLVED that the Special Development Committee, in accordance with its delegated authority, include the proposal to amend the zoning of Lot 80 DP 16557, 101 Ethel Street Sanctuary Point, to SP3 in the “gateway” process to be undertaken other caravan parks proposed to be zoned E3. CARRIED FOR: Tribe, Baptist, Anstiss, Watson, Kitchener, Gash, Russ Pigg, White AGAINST: Findley



Attachment C –Ministerial Directions

Draft LEP Checklist – Section 117(2) Directions – Rezoning of Caravan Parks Planning Proposal

Direction

No: Subject Applies? Relevant? Consistent? Comment

1 Employment and Resources

1.1 Business and Industrial Zones

N

1.2 Rural Zones N

1.3 Mining, Petroleum Production and Extractive Industries

N

1.4 Oyster Aquaculture N

1.5 Rural lands N

2 Environment and Heritage

2.1 Environmental Protection Zones

Y Y N

The draft LEP is inconsistent with this direction but of minor significance. However, due to the disturbed / developed nature of the relevant caravan park sites and the minor significance of any environmental values it is considered the impact on any existing environmental value will be very minimal. Further, any relevant overlays referring to the environmental attributes of the sites will be included and therefore trigger the need to consider these environmental values should future development be considered.

2.2 Coastal Protection Y Y N

The draft LEP is inconsistent with this direction. However, the objective of the Planning Proposal is to include a currently permitted use and not to change development potential and therefore the proposal is of minor significance.

2.3 Heritage Conservation

N

2.4 Recreation Vehicle Areas

N

3 Housing, Infrastructure and Urban Development

3.1 Residential Zones Y Y N

Lot 80 DP16557 Palm Beach Caravan Park is currently within a residential zone. This direction is inconsistent, however, the Planning Proposal justifies the request to rezone to SP3 for consistency with the adjoining caravan park use and not intended to increase development potential. The lot is consistently owned with the remainder of the caravan park holding and has been for some time. This is of minor significance.

3.2 Caravan Parks and Manufactured Home Estates

Y Y Y The draft LEP is consistent with this direction.

3.3 Home Occupations N

3.4 Integrating Land Use and Transport

N

3.5 Development Near Licensed

N



Aerodromes

4 Hazard and Risk

4.1 Acid Sulfate Soils Y Y Y The draft LEP is consistent with this direction. Some of the subject sites may contain Acid Sulfate soils, however, the Planning Proposal is not proposing intensification of development on any of the sites.

4.2 Mine Subsidence and Unstable Land

N

4.3 Flood Prone Land Y Y N The draft LEP is inconsistent with this direction. However, given the developed nature of the sites and the intent of the proposal not to change the development the proposal is considered of minor significance.

4.4 Planning for Bushfire Protection

Y Y Y

The draft LEP is consistent with this direction. The proposal is not intended to change development over the sites, and initial consideration was given to NSW Planning for Bushfire Protection during preparation of draft Shoalhaven Local Environmental Plan 2013 which this will amend.

5 Regional Planning

5.1 Implementation of Regional Strategies

Y Y Y The draft LEP is broadly consistent with the Regional Strategy.

5.2 Sydney Drinking Water Catchments

N

5.3

Farmland of State & Regional Significance on Far North Coast

N

5.4 Commercial & Retail Development, Pacific Hwy

N

5.5 Development in the vicinity of Ellalong, Paxton & Millfield

N

5.6 Sydney to Canberra Corridor

N

5.7 Central Coast N

5.8 2nd Sydney Airport: Badgerys Creek

N

6 Local Plan Making

6.1 Approval and Referral Requirements

N

6.2 Reserving Land for Public Purposes

N

6.3 Site Specific Provisions

N



Attachment D – Draft SLEP 2013 Submissions Submission to Draft SLEP 2013 – Planning Proposal Site 5











Submission to Draft SLEP 2013 – Planning Proposal Site 6





Submission to draft SLEP 2013 – Planning Proposal Site 8





Excerpt from Crown Lands Submission to Draft SLEP 2013 – Planning Proposal Site 10

Attention: Shoalhaven City Council Strategic Planning Section

Crown Lands Division submission being

Review of required changes to

Draft Shoalhaven Local Environmental Plan 2009

Section 65 consultation phase No. 2 re-exhibition

Crown Lands Division submit the following proposed land use table for the consideration of Shoalhaven City Council and the Department of Planning in accord with assessment processes as part of phase two of the SLEP Section 65 consultation. Lot & DP Locality CL parcel

Description Proposed zoning

Comment 2013 review by CL

Lots 157, 160&161 DP 755972,

Wairo Beach

Parish reserve for Future public requirements Lease 78116 Bush Missionary Society – caravan park

E3 Cleared and modified block. Caravan Park on Crown land requires zoning RE1. E3 does not allow for caravan park and would limit future development of caravan park – RE1 zoning required. Land Assessment supports Recreation (Environmental Protection, Public Utilities and Tourism).

Crown Lands require RE1 zoning

If you have any further information or clarification requirements please contact me at the Nowra Crown Lands Office on 4428 9101. Regards

10.05.2013 Mark Edwards Group Leader South Coast Area



Submission to Draft SLEP 2013 – Planning Proposal Site 11

To the General Manager, My wife and I own and operate the Palm Beach Caravan Park in Sanctuary Point, (103-105 Ethel St Sanctuary Point) and also 101 Ethel St. I would like to apply to have this block of land, adjacent and surrounded by the Park (101Ethel St) re-zoned from 2(a1) to 2(d). My intention is to relocate the 5 approved powered sites that surround the main residence at present, to this block of land. I did make contact with Council some time ago, approx 6mths, to apply for re-zoning and was advised by Staff that Councillors would not be looking at any re-zoning applications until after the current LEP was completed. I have since been advised by Council Staff (Michael Park) that it would be beneficial to have this application for re-zoning included in the present LEP discussions. If re-zoned to 2(d) and become part of the Caravan Park it would be used for the 5 relocated powered sites. At present, very few tourist's like the idea of setting up their vans outside my Lounge, Kitchen and Dining room windows ( I can't blame them ). I have attached the current Council issued Community Map / Site Plan hoping this will clarify our situation. The intention is to relocate sites 51, 52, 53, 54 & 55 to the block adjacent (101). This will not increase the No of approved sites and the Park will remain @ 55 sites. Hoping this is met favourably , Regards Andy van den Oever.

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