DRAFT WOLLONGONG LOCAL ENVIRONMENTAL PLAN 2009 … · 1.2 CAVIONS PRECINCT - PRINCES HIGHWAY, BULLI...

DRAFT WOLLONGONG

LOCAL ENVIRONMENTAL PLAN 2009

December 2008

Summary of rezoning proposals

Draft Wollongong LEP 2009

Summary of rezoning proposals considered by Council

This document contains a summary of rezoning proposals considered by Council in the preparation of the draft Wollongong Local Environmental Plan 2009. 1. PRECINCT REZONING PROPOSALS – ENDORSED BY COUNCIL FOR EXHIBITION ................................. 2

1.1 Tallawarra – Yallah Bay Road, Yallah ........................................................................................................... 21.2 Cavions precinct - Princes Highway, Bulli ..................................................................................................... 71.3 Dion’s precinct – Fairy Meadow ................................................................................................................. 10

2. RESIDENTIAL REZONING PROPOSALS – ENDORSED BY COUNCIL FOR EXHIBITION ...........................132.1 Excelsior No. 2 Colliery, Thirroul................................................................................................................. 132.2 Bulli Brickworks, Bulli ................................................................................................................................ 162.3 Wyndarra Way, Koonawarra....................................................................................................................... 192.4 No. 24 O’Briens Lane, Figtree ..................................................................................................................... 22

3. MINOR REZONING PROPOSALS – ENDORSED BY COUNCIL FOR EXHIBITION.................................... 253.1 M.E.T School, Maddens Plains.................................................................................................................... 253.2 Cemetery Rd, Walker Street, Helensburgh .................................................................................................. 273.3 No. 177 Princes Highway, Helensburgh...................................................................................................... 293.4 Nos. 200 – 206 Parkes Street, Helensburgh .............................................................................................. 323.5 Railway Avenue, Scarborough .................................................................................................................... 343.6 Edgewood Estate, Woonona, minor proposals............................................................................................. 363.7 McKinnon Street, Woonona ........................................................................................................................ 383.8 No. 18 Napier Street, Balgownie ................................................................................................................ 393.9 No. 41 Parrish Avenue, Mount Pleasant ..................................................................................................... 413.10 Nos 5, 7-11 Bridge Street, and 5 & 9 Old Springhill Road, Coniston ........................................................... 443.11 Lot 1 DP 706704 Five Islands Road, Cringila.............................................................................................. 463.12 Former Department of Defence land - Lot 3 DP 531524 Military Road, Port Kembla .................................. 473.13 Lot 10 DP 534781 Berkeley Road, Berkeley .............................................................................................. 493.14 Kirkwood Place, Mt Kembla ....................................................................................................................... 513.15 Lot 122 DP 1072069 (No. 187) Cordeaux Road, Mt Kembla ...................................................................... 533.16 No. 98 Central Road, Unanderra ................................................................................................................. 553.17 Western Suburbs Leagues Club, Unanderra................................................................................................. 563.18 No. 23A Central Road and 1 Albert Street, Unanderra................................................................................ 573.19 6(b) land - Northcliffe Drive & Canterbury Road, Kembla Grange ................................................................ 583.20 Nos. 254 and 260 Kanahooka Road, Kananhooka ...................................................................................... 603.21 Yallah Roadhouse ....................................................................................................................................... 623.22 1-11 Bruce Road, Fernhill ........................................................................................................................... 633.23 51-53 Charles Road, Fernhill ...................................................................................................................... 64

4. REZONING PROPOSALS - NOT SUPPORTED BY COUNCIL AND NOT INCLUDED IN THE DRAFT LEP...... 664.1 Nos. 42-44 Lawrence Hargrave Drive, Austinmer ....................................................................................... 664.2 No. 55 Princes Highway, Thirroul ............................................................................................................... 674.3 No. 94 Rixon Pass Road, Woonona............................................................................................................. 694.4 Nos.138-150 and Nos. 189-191 Wentworth Street, Port Kembla .............................................................. 714.5 Lot 61 and Part Lot 54 DP 751301 Mt Ousley Road, Mt Keira .................................................................. 724.6 249 Shellharbour Road, Port Kembla .......................................................................................................... 75

Draft Wollongong LEP 2009 - Summary of rezoning proposals Page 1

1. PRECINCT REZONING PROPOSALS – ENDORSED BY COUNCIL FOR EXHIBITION

1.1 TALLAWARRA – YALLAH BAY ROAD, YALLAH

Location The Tallawarra site consists of seventeen (17) separate lots with a total area of approximately 580 hectares. The site is known as part Lot 1 DP 109795, Lot 109 DP 1050302, Lot 1 DP 551658, Lot 21 and 22 DP 774118, Lot 20 DP 633211, Lot 102 DP 716727, Lot 3 DP 109795, Lot 15 DP 105255, Lot 151 DP 628980, Lot 1 DP 543285, Lot 10 and 11 DP 552933, Lot 1 and 2 DP 792664 and Lot 7 and 8 DP 104520, Yallah Bay Road, Yallah.

(photo 2006)



The site is the former location of the Tallawarra Power Station, a coal fuelled station owned and operated by Pacific Power until its closure in 1989. The former power station has now been demolished and a new gas fired power station is nearing completion. Current zoning The site is predominantly zoned 5(a) Special Uses (Power Station) with some sections zoned 7(a) Special Environmental Protection, 7(b) Environmental Protection and 6(b) Private Recreation, under the Wollongong Local Environmental Plan 1990. Proponent/Consultant/Owner The site was purchased from Pacific Power by TRUenergy in 2003 with an approved Development Application for a Combined Cycle Gas Turbine (CCGT) power station, which is currently under construction. A proposal for a second power station has been lodged with the NSW Department of Planning. Proposal The new power station is being constructed in the area of the previous power station, but requires only a small portion (20 to 30 hectares) of the site, including areas for landscaping and buffer areas. TRUenergy wish to redevelop the remainder of the site for a combination of: � Approximately 163 ha of employment and tourism land; � Approximately 130 ha of residential land (approximately 1,200 dwellings); � Approximately 22 ha of open space land; and � Approximately 261 ha of environmental conservation land. A draft zoning plan and draft concept plan are attached. Process and Council Resolutions

� Council resolved to prepare a draft LEP on 12/9/2005. � A Project Control Group with TRUenergy, Council, Department of Planning and

Premier’s Department was set up to oversee the production of the Local Environmental Study and a possible draft Local Environmental Plan (by a consultant contracted to TRUenergy, but selected by Council).

� Council resolved on 2/4/2007 to adopt the Local Environmental Study for the purposes of informing a draft LEP.

� Council resolved to adopt the draft LEP for exhibition on as part of the draft Wollongong LEP on7/5/2007.

Proposed zoning On 7/5/08, Council endorsed a draft LEP for the site, for incorporation into the draft Wollongong LEP 2008 (now 2009)1. The draft LEP (extract attached) proposed the following zones:

� B1 Neighbourhood Centre, � B6 Enterprise Corridor, � B7 Business Park,

1 The draft Wollongong LEP 2009 was initially called draft Wollongong LEP 2007, then 2008. The year refers to the likely gazettal date. A reference in this report to draft Wollongong LEP 2007 or 2008 means the draft Wollongong LEP 2009.

� E2 Environmental Conservation, � E3 Environmental Management, � IN1 General Industrial, � IN2 Light Industrial, � R2 Low Density Residential, � R5 Large Lot Residential, � RE1 Public Recreation, � SP2 Infrastructure, � SP3 Tourism, and � W1 Natural Waterways.

Key Issues

� Key employment lands under regional strategy, � Visual impacts, � Environmentally sensitive lands and Lake Illawarra, � Relationship to West Dapto, � Transport and Infrastructure, � Heritage, and � Natural hazards.

Key Outcomes � Utilisation of the site for regionally significant employment lands, � Protection of the power station and it’s potential for future expansion, � Protection of quality and amenity for Lake Illawarra, and � Protection of the environmentally and sensitive areas of the site.

Further information Additional information on the Tallawarra rezoning, including copies of the Local Environmental Study and Council reports are available on the CD for the exhibition of the draft Wollongong LEP 2009 – under Rezonings – Tallawarra.


Draft zoning plan


Draft concept plan


1.2 CAVIONS PRECINCT - PRINCES HIGHWAY, BULLI

Location The site is south of the existing Bulli township, comprising of Lot 1 DP 719042, Lot 1 DP 1087305, Lot 1 DP 986207, Lot 61 DP 828669, Lot A DP 159222, Lot 1 DP 193917, Lot A DP 161585, Lot B DP 161585, Lot 4 DP 155758, Lot 5 DP 155758, Lot 6 DP 155758, Lot 7 DP 1106646, Lot 8 DP 1106646, Lot 60 DP 828669 & Lot 100 DP 867613, bounded by the Princes Highway, Molloy Street and Railway Street, Bulli.

ip, comprising of Lot 1 DP 719042, Lot 1 DP 1087305, Lot 1 DP 986207, Lot 61 DP 828669, Lot A DP 159222, Lot 1 DP 193917, Lot A DP 161585, Lot B DP 161585, Lot 4 DP 155758, Lot 5 DP 155758, Lot 6 DP 155758, Lot 7 DP 1106646, Lot 8 DP 1106646, Lot 60 DP 828669 & Lot 100 DP 867613, bounded by the Princes Highway, Molloy Street and Railway Street, Bulli.

(photo 2006)


Current Zoning The site is zoned 4a Light Industrial under Wollongong Local Environmental Plan 1990. Current Land Use

� Service station, � Former Cavions scrap yard site (now vacant), and � Adjacent to Northern Distributor extension.

Proponent/Consultant/Owner The proponent is Urbis JHD on behalf of Fabcot Pty Ltd (Woolworths). Proposal The proposal is to rezone the site to B1 Neighbourhood Centre to allow for a proposed 3200 m2 supermarket, 660m2 of speciality shops and associated parking, thereby expanding the Bulli commercial centre. Process and Council Resolutions An application was lodged with Council, which resolved to prepare a draft LEP for the subject site on 5 June 2006. The Department of Planning’s LEP Review Panel requested that the rezoning incorporate the whole street block, which Council resolved to adopt on 2 April 2007. The proposed rezoning was incorporated into draft Wollongong Local Environmental Plan 2009. Proposed Zoning The proposed zone for the site under the Draft Wollongong Local Environmental Plan 2009 is B1 Neighbourhood Centre. Key Issues

� Compatibility with Council’s Retail Centres Study, � Potential loss of industrial land, � Heritage, � Traffic & parking, � Flooding, and � Contamination.

Key Outcomes

� Permit the development of a supermarket for Bulli area, without adverse on the existing commercial zone within the Bulli Heritage Conservation Area.

� Individual Heritage listing for the former Bulli Guest House, located within the Bulli Heritage Conservation Area.

Further information Additional information on the Cavions rezoning, including copies of the Local Environmental Study and Council reports are available on the CD for the exhibition of the draft Wollongong LEP 2009 – under Rezonings – Cavions.


Draft concept plan


1.3 DION’S PRECINCT – FAIRY MEADOW

Location The subject area is bounded by the Princes Highway to the west, Northern Distributor to the east, Woodhill Street to the north and the intersection of the Northern Distributor and Princes Highway to the south. The site has an area of 2.52 ha and contains 36 lots, these include Lots 1 – 8 DP18012, Lots 3 – 5 DP 333554, Lot 6 DP 336702, Lot 5 DP 786905, Lot 3 and Lot 4 DP37485, Lot 1 DP332526, Lot 15 and 16 DP 607896, Lot 7 DP 660279, Lot 11 and Lot 12 DP 700839, Lot 5 DP 252601, Lot 17 DP1084453, Lot 12 DP 202366, Lot 1 DP 212398, Lot 2 - 4 DP252601, Lot 101 DP 628238, Lot 11 Section 1 DP 635357, Lot 13 DP 657237, Lot 9 DP252601, Lot A DP 157592, Lot 6, Lot 7 and Lot 8 DP 252601.

(photo 2006)


Current zoning The site is currently zoned 2(b) Medium Density Residential under the Wollongong Local Environmental Plan 1990. Proponent/ Consultant/ Owner Treglown Consulting Group is the consultants. The Dion family owns 19 of the 36 lots including the Bus Depot and Dion’s House (Lot 101 DP 628238). Proposal The proposal seeks to alter the current 2(b) Medium Density Residential zone to allow an extension of the Enterprise Corridor proposed for Fairy Meadow, as contained in draft Wollongong Local Environmental Plan 2009. Process and Council Resolution A rezoning submission for the site was lodged with Council on 25 June 2007. On 6 August 2007, Council considered a report on the proposed rezoning of the Dion’s Fairy Meadow precinct. Council resolved to reconsider the proposal following the submission of a Heritage Report, Contamination Assessment and Acid Sulfate Soil report. Following the completion of the previous resolution, a report was submitted to Council on 24 June 2008 recommending that � Draft Wollongong Local Environmental Plan 2009 be amended for the Dion’s Precinct from 2(b) Medium

Density residential to B6 Enterprise Corridor, excluding Lot 101 DP 628238, Lot A DP 157592, Lot 6, 7 and 9 DP 252601which are to retain an R2 Low Density Residential zone as proposed in draft Wollongong LEP 2008.

� Lot 1 DP 212398 and Lot 2 DP 252601 to have a height restriction of 11m to avoid any adverse impacts on the heritage significance of the adjoining property (Attachment 1); and

� “Warrenda”, (274 Princes Highway, Fairy Meadow) and its curtilage, be included in draft Wollongong LEP 2008 as a Local Heritage Item.

Proposed Zoning The proposed zone for the site under the Draft Wollongong Local Environmental Plan 2009 is B6 Enterprise Corridor excluding Lot 101 DP 628238, Lot A DP 157592, Lot 6, 7 and 9 DP 252601which are to retain an R2 Low Density Residential zone. Key Issues

� Amenity, � Surrounding land use, � Heritage, � Traffic & parking, � Acid Sulfate Soils, and � Contamination.

Key Outcomes

� Permit the Fairy Meadow Enterprise Corridor, without adverse impacts on the Dion's house, “Warrenda”, at 274 Princes Highway which is not listed as a heritage item, however has been acknowledged as having heritage significance.


� “Warrenda”, (274 Princes Highway, Fairy Meadow) and its curtilage, be included in draft Wollongong LEP 2009 as a Local Heritage Item.

Further information Additional information on the Dions Precinct rezoning, including copies of the Local Environmental Study and Council reports are available on the CD for the exhibition of the draft Wollongong LEP 2009 – under Rezonings – Dions. Draft LEP extract


2. RESIDENTIAL REZONING PROPOSALS – ENDORSED BY COUNCIL FOR EXHIBITION

2.1 EXCELSIOR NO. 2 COLLIERY, THIRROUL

Location The 36 hectare former colliery site is located at the foot of the Illawarra Escarpment to the west of the Illawarra Railway. The subject site is bordered by the Illawarra Railway Line to the east, residential suburbs to the north and south, and Illawarra Escarpment land to the west. The site subject to rezoning is Lot 2 DP 708557.

(photo 2006)


Current Zoning The site is currently zoned 7b Environmental Protection – Conservation under Wollongong Local Environmental Plan 1990. Proponent/Consultant/Owner The proponent is Cardno Forbes Rigby on behalf of RW Sheargold Pty Ltd. Proposal The proposal is to rezone the site to allow for residential development in the eastern corner of the site (approximately 50-60 residential lots), with the majority of the site zoned for environmental conservation and open space. Process and Council Resolution A previous rezoning application (deferred by Council in 1998) was reactivated in late 2006 with updated studies, and considered by Council in relation to the Escarpment Strategic Management Plan. Council resolved on 6/8/2007 to include the site as part of the draft Wollongong LEP 2009. Proposed Zoning The site is proposed to be predominantly E2 Environmental Conservation and some R2 Low Density Residential in the eastern corner, under draft Wollongong LEP 2009. Key Issues

� Bushfire risk, � Flooding, � Compatibility with The Illawarra Escarpment Strategic Management Plan, � Bushland regrowth, � Uncontrolled filling, and � Traffic and access,

Key Outcomes The main outcome would be the development of the proposed residential component of the site, with rehabilitation of the remaining area, including pedestrian, cycle and emergency vehicle access between Mountain Road and Sea Foam Avenue. Further information Additional information on the Excelsior rezoning is available on the CD for the exhibition of the draft Wollongong LEP 2009 – under Rezonings – Excelsior No.2 Thirroul.


Draft Concept Plan


2.2 BULLI BRICKWORKS, BULLI

Location The site is located to the west of the Princes Highway adjoining the Bulli Showground it includes Lot 2 DP 582940 and Lot 101 DP 565923, Bulli Brickworks, Princes Highway, Bulli. Lot 2 DP 582940 has an area of 12.73 hectares and Lot 101 DP 565923 is 0.8523 hectares.

(photo 2006) Current Zoning The current zone for the site is 4(c) Extractive Industries for Lot 2 DP 582940 and 9(d) Open Space Reservation for Lot 101 DP 565923. Proponent/Consultant/Owner The owner of the site is the Village Building Company and the proponent is Martin Morris and Jones Pty Ltd (MMJ). Proposal The proposal is to enable residential development that provides a range of densities and dwelling types with up to 450 dwellings proposed. There are eight different housing types proposed including Single Family Houses; Apartments and Townhouses; Live/Work Townhouses and Apartments; and apartments for seniors living. The proposed development would include


Community Facilities, Parkland/riparian corridor and a Health and Wellness Centre and adaptable mixed use commercial/retail space totalling 7,000 m². Processes and Council Resolutions On the 1st August 2005, resolved to commence a draft Local Environmental Plan (LEP). On the 11th September 2006 Council received a revised proposal. At Council’s Meeting of 04 December 2006, it was resolved that: 1. As traditional industrial uses for the site are not appropriate, a draft Local Environmental Plan be prepared

to amend draft Wollongong Local Environmental Plan 2007 to: a. Rezone Lot 2 DP 582940 and Lot 101 DP 565923 4(c) Extractive Industries and 9(d) Open

Space Reservation to R3 Medium Density Residential and RE2 Private Recreation. b. Reclassify part of Lot 2 DP 582940 and part Lot 3 DP 863277 from community to operational

land to facilitate vehicular access to the site. 2. The draft Local Environmental Plan be referred to statutory authorities for consultation in accordance with

Section 62 of the Environmental Planning and Assessment Act 1979 and to the Department of Planning for review and certification under Section 65 of the Act.

3. Following certification, the draft Local Environmental Plan is exhibited in accordance with Department of Planning Guidelines “LEP and Council land”, for a period of not less than sixty two (62) days. A public hearing into the proposed reclassification will occur during the exhibition period.

A submission was made to the Department of Planning to undertake public exhibition on the 3rd January 2007. The Department of Planning advised (17th February 2007) that the LEP Review Panel did not support the proposal. However ensuing discussions have resolved the issues identified and the LEP Review Panel agreed for inclusion in draft Wollongong Local Environmental Plan 2009. Key Issues � The sites zone of 4(c) Extractive Industries, � Vegetation has been largely cleared, � Bushfire prone land, � Flooding - Slacky’s Creek catchment. � Potential for site contamination. � The proposed Northern Distributor extension alignment constrains the site. Key Outcomes � To provide for a variety of residential development densities and housing types within the

site. � Provide opportunity for retail development within the site. Agency Consultation Consultation was undertaken as part of Section 62 for the draft LEP. Roads and Traffic Authority � The RTA will require additional land to the land shown on the LEP to accommodate an

intersection with a future Bulli Pass deviation; � Future access to adjoining land should be considered as part of this LEP Amendment.


As a consequence of the concerns raised by the Roads and Traffic Authority, the proponent undertook a review and amendment of the original master plan. The amendments made to the master plan satisfactorily addressed the concerns raised by the RTA. Department of Planning � Explain the strategic framework for the locality, � The appropriateness of medium density development; � Other development options such as tourist related facilities. Further information Additional information on the Bulli Bricks rezoning is available on the CD for the exhibition of the draft Wollongong LEP 2009 – under Rezonings – Bulli Bricks. Bulli Brickworks Proposed Master Plan


2.3 WYNDARRA WAY, KOONAWARRA

Location The site is located in Koonawarra and is known as Lot 2 Wyndarra Way being Lot 2 DP 786637. It has a total area of 15.89 hectares

(photo 2006)

Proponent/Consultant/Owner The site is owned by RW Sheargold Pty Ltd and the proponent is Cardno Forbes Rigby. Current Zoning The site is zoned 2(a) Low Density Residential (10.37ha) and 7(b) Environmental Protection (5.52ha). Proposal An application was previously lodged by the former owner (Landcom) for a 48 lot residential subdivision, two residual lots and one public reserve. This was approved in June 2006 with the development consent requiring the residue land, zoned 7(b) and 2(a), to be dedicated to Council for incorporation into the Mount Brown Reserve. Landcom then sold the site to RW Sheargold, who subsequently lodged a revised development application (DA2007/225) and revised rezoning proposal. The rezoning proposal was lodged with Council on the 2 January 2007. This revised development application proposes five stages that include a total of approximately 90 lots.


Proposed Zoning The site is proposed for R2 Low Density Residential (6.76ha) and E2 Environmental Conservation (9.13ha). Processes and Council Resolution On 7 May 2007 Council resolved that “This matter be deferred pending a Councillor Briefing:” The subsequent Councillor Briefing Session was held on 14 May 2007. The proposal went to Council again on the 6 August 2007 and Council resolved that: “The matter be deferred until a formal facilitation or onsite meeting be held”. An onsite meeting was organised between Council officers and the proponent on 16 August 2007 and an informal facilitation meeting was held on the 22 January 2008. Council at its 3 March Environment and Planning Committee Meeting resolved that:

� The draft Wollongong Local Environmental Plan 2008 be amended for Lot 2 DP 786637 (No. 2) Wyndarra Way, Koonawarra to rezone part of the land (0.56ha) from E2 Environmental Conservation to R2 Residential – Low Density and rezone part of the land (4.56ha) from R2 Residential – Low density to E2 Environmental Conservation.

� The draft amendment be referred to the Department of Planning and relevant statutory authorities under section 54 and 62 of the Environmental Planning and Assessment Act 1979.

� The draft amendment be exhibited as part of the draft Wollongong Local Environmental Plan 2008 for community comment.

Key Issues � Environment and conservation, and � Heritage. Key Outcome The outcome is better planning for the site through the rezoning to facilitate a revised subdivision pattern. Further information Additional information on the Wyndarra Way Koonawarra rezoning is available on the CD for the exhibition of the draft Wollongong LEP 2009 – under Rezonings – Wyndarra Way Koonawarra.


Draft Wollongong Local Environmental Plan 2007

Land currently zoned 7b proposed to be zoned R2

Land currently zoned 2a proposed to be zoned E2

Draft concept plan for land to be rezoned to R2


2.4 NO. 24 O’BRIENS LANE, FIGTREE

Location The site is Lot 100 DP 847874 known as No. 24 O’Briens Lane, Figtree which is adjoined by detached residential development immediately to the west and north-west, the Redgum Ridge Estate to south and east, and the Church of Christ Church to the north.

(photo 2006)


Current Zoning The zoning for the site is 1 Non Urban under the Wollongong LEP 1990 and was initially proposed to be RU2 Rural Landscape under draft Wollongong Local Environmental Plan 2008. Owner/Proponent The site is owner by R W Sheargold and the proponent is Cardno Forbes Rigby. Proposal The proposal is for infill residential development with approximately 44 residential dwellings provided on the site around a loop road that will connect to and gain access from George Fuller Drive in the Redgum Ridge Estate. The lot sizes will range between 564m2 and 1877m2.

Proposed Zoning The rezoning proposal sought to rezone 4.38ha of the site to R2 Low Density Residential under the draft Wollongong Local Environmental Plan 2009.

Process and Council Resolution Internal referrals have been completed for the rezoning proposal. It was intended that the rezoning would included as part of the Comprehensive Wollongong Local Environmental Plan. Council resolved on the 6 August 2007 that – 1. The draft Wollongong Local Environmental Plan 2007 be amended for Lot 100 DP 847874 (No. 24)

O’Briens Lane, Figtree to rezone part of the land (3.57ha) from RU2 Rural Landscape to R2 Low Density Residential and part of (0.81ha) Lot 100 DP 847874 to E3 Environmental Management.

2. The following studies be completed for the site; Flora and Fauna Assessment and Aboriginal Cultural Heritage Assessment.

3. The draft amendment be exhibited as part of the draft Wollongong Local Environmental Plan 2007 for community comment.

Key issues Environmental constraints were the main issues for site:

� Land supporting significant vegetation, � Land above the 25% slopes, � Land within the “Flood Risk” precinct (not yet mapped), and � Land with a buffer zones under the Riparian Corridor Management System.

Other issues include

� Visual Impacts, � Aboriginal Cultural Heritage, � European Heritage (documented for the Local Studies Library) , and � Access.

Key outcomes The draft Wollongong Local Environmental Plan 2009 be amended for Lot 100 DP 847874 (No. 24) O’Briens Lane, Figtree to rezone part of the land (3.57ha) from RU2 Rural Landscape to R2 Low Density Residential and part of (0.81ha) Lot 100 DP 847874 to E3 Environmental Management.


Further information Additional information on the O’Briens Land Figtree rezoning is available on the CD for the exhibition of the draft Wollongong LEP 2009 – under Rezonings – O’Briens Land Figtree. Draft Concept Plan


3. MINOR REZONING PROPOSALS – ENDORSED BY COUNCIL FOR EXHIBITION

3.1 M.E.T SCHOOL, MADDENS PLAINS

Location The site is located in Maddens Plains and is bound by the Princes Highway and the F6 Freeway. The site is comprised of Lot A DP 408911 (No. 84A) Princes Highway, Maddens Plains and has an area of approximately 2.1 hectares.

(photo 2001)

Proponent/Consultant/Owner The consultant is TCW Consulting Pty Ltd.


Background On 22 June 2004, Council approved Development Application No. 2004/226 for the use of the eastern portion of the property, zoned 1 Non-urban as an education establishment. The O’Hares catchment was identified by the then Metropolitan Water Sewerage and Drainage Board (MWS&DB), as a possible location for a future water supply dam. The MWS&DB objected to the proposed zoning under Wollongong LEP 1990, and the historic zone was retained. The MWS&DB subsequently abandoned the plans for a dam; however the zoning was never updated. The 7(c) Environmental Protection – Water Catchment does not list education establishments as a permitted land use. Current Zoning The eastern portion of the property is zoned 1 Non-urban and the western half of the property is zoned 7(c) Environmental Protection – Water Catchment under Wollongong LEP No.38 and was deferred under Wollongong LEP 1990. Proposal In September 2004, a rezoning proposal was lodged seeking the additional permitted use of an education establishment on the western part of the property. The land was proposed to be used as playing fields. Process and Council Resolution Council on 4 December 2006, as part of the report on the draft Wollongong LEP 2007, endorsed the inclusion of an additional use to permit education establishments on the western part of the property. Due to the preparation of the draft Wollongong LEP 2007, the proposal was incorporated rather than progressed separately. Agency Consultation Consultation occurred with the Sydney Catchment Authority who in October 2005 advised that it did not object to the proposal provided the western portion of the site was not used for waste water disposal.


3.2 CEMETERY RD, WALKER STREET, HELENSBURGH

Location The site is known as Lot 54 DP 1109163, Cemetery Road, Helensburgh

Current zone boundary

Proposed zone boundary

Note – this land has now been cleared and subdivided

(photo 2006) Proponent/Consultant/Owner The owner of the site is Landcom. Background As part of the development of a Development Application for the subdivision of land at the intersection of Cemetery Road and Walker Street, Helensburgh, consultants for Landcom prepared a Master plan which promoted a minor adjustment to the boundary of the land.


Current Zoning The land is currently zoned 4(a) Light Industry under the Wollongong Local Environmental Plan 1990. Proposal The Master Plan proposed the relocation of the 2(a) Low Density Residential zone boundary 20m to the west and south to achieve a better subdivision arrangement and interface with the 4(a) Light Industry zone. Process and Council Resolution The Development Application for the residential subdivision was approved by Council and the land was subsequently cleared and subdivided and made available for sale. Landcom then sought Council’s support for the zone boundary adjustment. The proposal was reviewed by SGS Consulting as part of the Wollongong Employment Lands Study (2006) and supported due to its minor nature. Due to the preparation of the draft Wollongong LEP 2009, the proposal was incorporated rather than progressed separately. Council on 4 December 2006, as part of the report on the draft Wollongong LEP 2007, endorsed the minor zoning boundary adjustment amendment IN2 / R2.


3.3 NO. 177 PRINCES HIGHWAY, HELENSBURGH

Site Location The site is known as Lot 2 DP 584467 and is located on the southern corner of the Princes Highway and Parkes Street, Helensburgh. The site has an area of approximately 2.17 hectares.

(photo 2006)


Current Zoning The site is currently zoned 7 (d) Environmental Protection – Hacking River. The proposed zoning is E2 Environmental Conservation under the draft Wollongong Local Environmental Plan 2008. Proponent/Consultant/Owner The subject site is owned by Durrabul Pty Ltd. Treglown Consulting Group has submitted a rezoning application on behalf of the owners. Proposal The proposal seeks to rezone the site to IN2 Light Industrial for future light industrial and related development of the site. A concept plan has been produced which includes:

� Light industrial units on the southern portion with general business, � Storage facility, � Community based centre on the northern portion, and � Car parking.

Process and Council Resolution Council resolved on the 4 December 2006:

1. The Wollongong Employment Lands Strategy be endorsed to provide a strategic framework and input into the draft Wollongong Local Environmental Plan 2007.

2. The draft Wollongong Local Environmental Plan 2007 be endorsed for: a) Consultation with Statutory Authorities and adjoining councils under Section 62 of the

Environmental Planning and Assessment Act 1979, b) Referral to the NSW Department of Planning for review and certification under Section 65 of the

Environmental Planning and Assessment Act 1979. 3. Following certification the draft Wollongong Local Environmental Plan be exhibited for a minimum

period of two (2) months in accordance with the NSW Department of Planning Guidelines “LEPs and Council Land”.

4. Following the exhibition period submissions be reviewed and reported to the Environment and Planning Committee.

5. The sites listed in Schedule 4 Part 2 of the draft Wollongong Local Environmental Plan 2007 be reclassified as Operational Land and the public trusts be removed where required. Public hearings be held for the proposed reclassifications.

6. Delegation be granted to the Chief Executive Officer to make minor adjustments to the draft Wollongong Local Environmental Plan 2007 as a consequence of consultation undertaken or to correct minor anomalies.

7. All maps and documentation placed on exhibition and referred to the State Planning Department be edited to ensure that points of amendment on Page 28 of the Council Business Paper of 4 December 2006 are reflected in the document.

8. Attachment 5 – Page 66 – Schedule 1(a) be amended to include the words ‘dwelling houses are specifically excluded with the exception of a manager’s residence’.

9. The intention is to exhibit the proposal as part of the draft Wollongong Local Environmental Plan 2008.


Key Issues

� The former historical use as an RTA Depot has degraded the site, and devaluation of its former ecological value,

� The 1994 Commission of Inquiry – Appropriate Land Use and Zonings in the Vicinity of Helensburgh, found the area including the subject site appropriate for urban development,

� Consistent with the following strategies by means of increased industrial land provision: o Wollongong Employment Lands Strategy, o SGS Economics & Planning report (2005), o WCC Economic Development Strategy (2003), and o Illawarra Regional Strategy.

� Bushfire Protection, � Remediation works at the site were carried out in 2003.

Further information Additional information on the 117 Princes Highway Helensburgh rezoning is available on the CD for the exhibition of the draft Wollongong LEP 2009 – under Rezonings – 117 Princes Highway Helensburgh – former RTA depot.


3.4 NOS. 200 – 206 PARKES STREET, HELENSBURGH

Site Location and Zoning The site is comprised of Lots 178 and 179 DP 752033 and is located approximately 300 metres from the Princes Highway and Parkes Street intersection. It is bordered to the south and west by bush land and to the north by a residential dwelling. The site has an area of 1.98Ha and is located opposite the Helensburgh Light Industrial zoned precinct.

(photo 2006)


Current Zoning The site and surrounding lands are zoned 7 (d) Environmental Protection – Hacking River under the Wollongong Local Environmental Plan 1990. The site was proposed to be zoned E2 Environmental Conservation under the draft Wollongong Local Environment Plan 2008.

Proponent/Consultant/Owner The subject site is owned by Mr Royce Clark.

Proposal The proposal seeks to rezone the majority of the site to IN2 Light Industrial and retain the riparian zone of Wilsons Creek as the E2 Environmental Conservation zone.

Process and Council Resolution The proposal has been considered satisfactory by Council’s Traffic Section and the Environmental and Health division. The intention is to exhibit the proposal as part of the draft Wollongong Local Environmental Plan 2009. Council resolved on 2 April 2007 that –

1 The draft Wollongong Local Environmental Plan 2007 be amended by rezoning the majority of Lot 178 and Lot 179 DP 752033 from E2 Environmental Conservation to IN2 Light Industrial. The E2 Environmental Conservation zone is to be retained for the Wilson Creek riparian corridor.

2 The Department of Planning be advised of Council’s resolution. Key Issues

� Long history of light industrial and agricultural uses,� Consistent with Illawarra Regional Strategy and the Wollongong Employment Lands

Strategy as it proposes to increase the area of employment land available in Helensburgh,� No significant vegetation,� Buffer to Wilsons Creek, a tributary of the Hacking River ,� Retaining the E2 Environmental Conservation zone over the creek and the adjacent

riparian buffer,� Bushfire, and� Council endorsed rezoning of former RTA depot on corner of Princes Highway and

Parkes Street Helensburgh to IN2 Light Industrial zone on 4 December 2006.

Further information Additional information on the Parkes Street rezoning is available on the CD for the exhibition of the draft Wollongong LEP 2009 – under Rezonings – 200-206 Parkes St Helensburgh.


3.5 RAILWAY AVENUE, SCARBOROUGH

Location The site is located in Scarborough and adjoins the South Coast Rail Line. The site is comprised of Lot 1 Section 8 DP 2281, Lots 2, 3 & 4 DP 811416 and Lot 1 DP 911238 along Railway Avenue, Scarborough.

(photo 2006)

Proponent/Consultant/Owner The proposal was lodged by TCW Consulting on behalf of one of the owners. Railcorp sought the rezoning of their land. A request from an owner was also received. Current Zoning The current zones for the lots under the Wollongong Local Environmental Plan 1990 are as follows:

� Lot 2, 3 and 4 DP 811416 - 5(b) Special Uses - Railway � Lot 1 DP 911238 - 5(b) Special Uses – Railway � Lot 1 Section 8 DP 2281 – 7(b) Environmental Protection Conservation


Proposal The majority of the sites already contain dwelling houses however they are not permitted under the current zones. Railcorp has requested that they be zoned to permit a dwelling house. Railway Avenue is serviced by water and electricity but is unsewered. The 7(b) Environmental Protection Conservation zone which applies to the western part of Railway Avenue permits the erection of a dwelling house if the land has a minium area of 10, 20 or 40 hectares depending on the date the lot was created. The Railway Avenue lots have an area of between 600 m2 and 2000m2. The land is also within the Illawarra Escarpment and SEPP 1 does not apply. Accordingly, a dwelling house is not permissible on these vacant lots. Although only Lot 1 Section 8 DP 2281 has sought a rezoning, all lots fronting Railway Avenue have been considered as part of the assessment process. Process and Council Resolution Council on 4 December 2006, as part of the report on the draft Wollongong LEP 2007, endorsed the rezoning of the former Railcorp Lots and the other lots fronting Railway Avenue (and the land in between) to E4 Environmental Living. This zone would allow the erection of a dwelling house. Draft LEP extract


3.6 EDGEWOOD ESTATE, WOONONA, MINOR PROPOSALS

Location and Zoning Four minor rezoning proposals have been considered for the Edgewood Estate at Woonona.

1. Lots between Corkwood Circuit and Princes Highway – zoned 4(a) Light Industrial and now developed for Seniors Living

2. Lot 1503 DP 1086019, Forestview Way (corner of Princes Highway) – proposing the rezoning from 4(a) Light Industrial to R3 Medium Density Residential

3. Lot 1501 DP 1086019 Forestview Way (corner of Cherry St) – proposing an increased floor space ratio of 0.75:1 for a neighbourhood shop

4. Lot 1 DP 208287 Duke Street – proposing the rezoning from 4(a) Light Industrial to R3 Medium Density Residential

(photo 2006)

2

1

3

4

Proponent/Consultant/Owner The proposal was lodged by Martin Morris & Jones Pty Ltd on behalf of the Village Building Company. Proposal 1. 4(a) Light Industrial land between Corkwood Circuit and Princes Highway.

As part of the original Edgewood Estate Master Plan, this precinct was proposed to be retained as employment land.


A development application was lodged and approved by Council for a Seniors Living development under SEPP No. 5. At that time Seniors Living development was permissible on land zoned for industrial purposes. As the land has now been developed for housing, there is little value in retaining the 4(a) Light Industrial zone. It also causes confusion to potential purchasers. The Wollongong Employment Lands Study reviewed the precinct and agreed that the 4(a) zone is redundant on the site.

2. Lot 1503 DP 1086019, Forestview Way The land is zoned 4(b) Light Industrial and has a floor space ratio of 0.5:1. It was not included in the original development application for Seniors Living. The SEPP was subsequently amended to exclude the permissibility of seniors living development on industrially zoned land. The proponents sought a higher floor space ratio of 0.75:1 for the site, as part of the entrance development to the estate. A three storey senior living development is proposed. As the proposed development is part of the Master Plan for the estate, the increase FSR was supported by Council.

3. Lot 1501 DP 1086019 Forestview Way As part of the Master Plan for Edgewood Estate, a three storey mixed use development incorporating a community centre/neighbourhood shop and second storey residential development is proposed for the site. The land is zoned part 2(b) Medium Density Residential and part 4(b) Light Industrial and has a floor space ratio of 0.5:1. The proponents sought a higher floor space ratio of 0.75:1 for the site. As the proposed development is part of the Master Plane for the estate, the increased FSR was supported by Council.

4. Lot 1 DP 208287 Duke Street The property is an isolated lot zoned for industrial purposes and now surrounded by residential development. The adjoining land to the east is also zoned 4(a) and contains a watercourse. This land has been transferred to Council and is proposed to be zoned RE1 Public Recreation. In 2007, the Village Building Company bought the site and sought the rezoning of the land, to enable its development as part of the Edgewood Estate. The proposal was reviewed by SGS Consulting as part of the Wollongong Employment Lands Study (2006) and supported due to its minor nature. It was considered that the site had minimal benefit of being retained as employment land due to its small size, isolation and being surrounded by residential development.

Process and Council Resolution All four proposals were supported by Council on 4 December 2006, as part of the report on the draft Wollongong LEP 2007.


3.7 MCKINNON STREET, WOONONA

Location The site is comprised of Part Lot 23 DP 1080390 McKinnon Street, Woonona. Lot 23 fronts Hospital Road, McKinnon Street and Corrie Road. The site has an area of approximately 1,400m2.

(photo 2006)

Proponent/Consultant/Owner Cardno Forbes Rigby is the proponent. Current Zoning The land is zone 7(b) Environmental Protection Conservation and 7(c) Environmental Protection Residential. Proposal A submission was made to rezone the land from 7(b) Environmental Protection Conservation to 2(a) Low Density Residential. The intent was to transfer the land behind Nos 2 and 4 Corrie Road to those properties and to create one residential lot fronting the intersection of McKinnon Street and Corrie Road. Process and Council Resolution Council on 4 December 2006, as part of the report on the draft Wollongong LEP 2007, endorsed the rezoning of the land from 7(b) Environmental Protection Conservation to R2 Low Density Residential.


3.8 NO. 18 NAPIER STREET, BALGOWNIE

Location Lot 1 DP 714558 (No.18) Napier Street, Balgownie

(photo 2006)

Proponent/Consultant/Owner TCW Consulting Pty Ltd is the proponent.


Background The site is currently zoned 5(a) Special Use – Parking and has been since the 6 February 1990 when Wollongong Local Environmental Plan No.173 was made. Prior to this amendment, the land was zoned 2(b) Medium Density Residential. The change from 2(b) to 5(a) was made at the time to allow the owner of the property to gain approval for a development application on an adjoining property, Lot 1 DP 509545. The basis of this decision was that the land would “enable its use as a car park for the use of the Liquor Barn premises and other businesses and shops located in the Balgownie area”. The development never progressed and the approval has since lapsed meaning that the current zoning has become inappropriate. Proposal On 17 October 2005, the proponent requested the rezoning of the site from the current 5(a) Special Uses – Parking to 3(b) Neighbourhood Business. This request has been made to allow for commercial development that will provide for additional commercial activities in Balgownie Village. Process and Council Resolution Council officers advised on numerous occasions that a rezoning to 3(b) Neighbourhood Business was not supported, however, a rezoning back to the original 2(b) Medium Density zone could be supported on the site. The residential zone is consistent with the zoning of the land to the north. Council on 4 December 2006, as part of the report on the draft Wollongong Local Environmental Plan 2007, endorsed the rezoning of the site from 5(a) Special Uses – Parking to R3 Medium Density Residential. The R3 zone was subsequently amended to R2 Low Density Residential as part of the overall review of residential zones.


3.9 NO. 41 PARRISH AVENUE, MOUNT PLEASANT

Location The site is known as Lot 1 DP 870325 (No.41) Parrish Avenue Mount Pleasant. The property has an area of 5,473 m2.


Background The property was part of a rezoning in 2000 via Wollongong Local Environmental Plan (Amendment 201), which rezoned the land on the southern side of Parrish Avenue to 7(c) Environmental Protection Residential and the creation of 11 lots. The zoning boundary between the 7(a) Special Environmental Protection and 7(c) Environmental Protection Residential zones reflected a BHP Electricity Easement. The electricity easement also served the Mt Keira lookout. The former owner was advised that once the easement was removed, Council would consider a modification to the zone boundary. In 2007 the electricity easement was extinguished and the power line to Mt Keira lookout relocated. Current Zoning The site is currently zoned 7(a) Special Environmental Protection under the Wollongong LEP 1990 and is proposed to be zoned E2 Environmental Conservation and E4 Environmental Living under draft Wollongong LEP 2009. No change to this zoning is proposed by the Illawarra Escarpment Land Use Review. Proposal The rezoning proposal seeks to increase the area zoned E4 Environmental Living by 1000 m2 to enable a larger building envelope. Proposal The partial rezoning of the land is sought to allow the future extension of the building envelope. The zone boundary adjustments apply to the northern most corner of Lot 1 DP 870325 (No. 41) Parrish Avenue Mt Pleasant. Key Issues

� Proposed within a cleared section of the foothills of the escarpment that has been and continues to be developed for residential development.

� The rezoning would support the consolidation of Lot 1 DP 870325 and Lot 1 1008498 (No. 39 and 41) Parrish Avenue Mount Pleasant.

� Residential uses are not permitted under the current 7(a) zone objectives and hence the rezoning of the portion of land to E4 Environmental Living.

� There are no additional dwelling entitlements proposed. � Bushfire � Geotechnical.

Process and Council Resolution Council considered a report on the matter on 6 August 2007, as part of the report on the Illawarra Escarpment Land Use Review. Council resolved that:

1 The Illawarra Escarpment changes to the draft Wollongong Local Environmental Plan 2007 be amended for Lot 1 DP 870325 by partially rezoning from E2 Environmental Conservation to E4 Environmental Living.

2 The proponent be required to submit the Geotechnical and Bushfire Assessment reports.

(note: these reports were subsequently submitted)


Proposed draft LEP amendment

Area proposed to be rezoned


3.10 NOS 5, 7-11 BRIDGE STREET, AND 5 & 9 OLD SPRINGHILL ROAD, CONISTON

Location The sites is comprised of

� Lot 21 DP 879687, being No. 5 Bridge Street, Coniston. � Lots 1 to 5 DP 18460 and lots 51 & 52 DP 5330, No. 7-11 Bridge Street, Coniston. � Lot 31 & 32 DP 1062838, Old Springhill Road, Coniston.

(photo 2006)

Proponent/Consultant/Owner Consultant: TCW Consulting Owners:

� 5 Bridge Street, Coniston – 6 storey commercial building, formerly the Integral Energy Administration Centre building. Tenants now include Pillar and Woolworths. Known as the “Coniston Corporate Centre.”

� 7-11 Bridge Street, Coniston – 4 story commercial building leased by NSW Department of Community Services.


� Lot 31 & 32 DP 1062838, Old Springhill Road, Coniston – former Sydney Water depot. Lot 31 now owned by Pillar. Lot 32 is owned by Sydney Water and is the location of a sewer pumping station.

Current Zoning The land is currently zoned 4(a) Light Industrial under the Wollongong Local Environmental Plan 1990. Proposal Proposals were submitted for the sites seeking the inclusion of the Additional use of “business premises” premises on the sites, to enable the office use of the land to continue and expand if required. Proposed Zoning The site was initially proposed to be zoned IN1 General Industry under the Wollongong Local Environmental Plan 2007 with the additional use of “business premises” permitted. It was subsequently resolved that to zone the land B7 Business Park. This zone permits business premises, office premises and light industries. Key Issues The land was recognised by the Port of Port Kembla study to be important to serve the expansion of the Port and Port related uses. However, as the land is already occupied by commercial premises, the inclusion of the additional use is not opposed. Process and Council Resolution Council on 4 December 2006, as part of the report on the draft Wollongong LEP 2007, endorsed the inclusion of the additional use of “business premises” on the sites. The Department of Planning requested that the list of additional uses be reviewed to see if an alternative zone could be used. On 24 June 2008, Council resolved that the sites be zoned B7 Business Premises.


3.11 LOT 1 DP 706704 FIVE ISLANDS ROAD, CRINGILA

Location The site is known as Lot 1 DP 706704 Five Islands Road, Cringila. It is a manufacturing industrial property that is accessed from Five Islands Road.

(photo 2006)

Proponent/Consultant/Owner TCW Consulting Current Zoning The site is zoned part 4(b) Heavy Industry and part 7(b) Environmental Protection Conservation under the Wollongong Local Environmental Plan 1990. Proposal The proponent sought a minor zoning map amendment to extend the industrial zoning south to reflect the contours and landform of the property. Council Resolution Council on 4 December 2006, as part of the report on the draft Wollongong LEP 2007, endorsed the minor zone boundary adjustment.


3.12 FORMER DEPARTMENT OF DEFENCE LAND - LOT 3 DP 531524 MILITARY ROAD, PORT

KEMBLA

Location The site is known as Lot 3 DP 531524, Military Road, Port Kembla. The property has an area of 6,310m². The site is located immediately adjacent to the Hill 60 Public Reserve which is recognized on the Wollongong Local Environmental Plan 1990 as a State significant heritage item.

Hill 60

(photo 2006) Proponent/Consultant/Owner Council Background Lot 3 DP 531524 Military Road, Port Kembla was resumed by the Department of Defence in 1941 for defence purposes. The existing reserve is also listed on the New South Wales Heritage Register and is recorded as an Aboriginal Place under the National Parks and Wildlife Act 1974. The Reserve is recognised


for its significance to the Aboriginal people, as a significant coastal landscape with environmental values, and for its Military Heritage. The Defence land forms part of this significant landscape and has significance to the Aboriginal people of the area. Current Zoning The site is currently zoned 2(b) Medium Density Residential under the Wollongong Local Environmental Plan 1990. Proposed Zone The site is proposed to be RE1 Public Recreation under the draft Wollongong Local Environmental Plan. Process and Council Resolution In 1997, Council sought to rezone the property, however the Department of Defence objected and the draft Local Environmental Plan was not supported by the Department of Planning due to the objection and so was abandoned. In July 2006 the Department of Defence sought to dispose of the land and called for tenders to purchase the site. In response to concern from the Aboriginal community over the sale of the land, Council resolved at its meeting of the 24 July 2006 that:

“Council liaise with the local Aboriginal community and others to build a case for listing Hill 60 on the NSW Heritage Register or support for a Native Title Claim.”

On 26 October 2006, as a result of the community objections Senator Concetta Fierravanti-Wells announced that the Department of Defence property would be offered to Council for $1.00 on the condition it is incorporated into the Hill 60 Park. On 6 November 2006, Council resolved that: In line with Council’s policy to protect cultural heritage assets across the City of Wollongong the Manager

City Strategy be requested to undertake the following actions – 1 Submit to the December 2006 Environment and Planning Committee a report that commences the

process to investigate the rezoning of land owned by the Department of Defence on Military Road, Port Kembla from 2(b) Medium Density Residential Zone to RE1 Public Recreation Zone.

2 Write to the Department of Defence informing them of Council’s decision and commence discussions

with regard to Council’s proposed rezoning. 3 Provide a progress report to the February 2007 Environment and Planning Committee. On 4 December 2006, Council considered a report on the proposed rezoning and resolved that:

Lot 3 DP 531524 Military Road, Port Kembla be zoned RE1 Public Recreation and be added to the existing heritage listings for Hill 60 under the draft Wollongong Local Environmental Plan 2007.


3.13 LOT 10 DP 534781 BERKELEY ROAD, BERKELEY

Location The site is known as Lot 10 DP 534781 Berkeley Road, Berkeley. The site is an isolated industrial lot that is currently used for storage purposes and has an area of 1.32 hectares.

(photo 2006)

Proponent/Consultant/Owner Martin Morris & Jones Pty Ltd Current Zoning The site is zoned 4(a) Light Industrial and 6(a) Public Recreation. The land to the south was also once zoned 4(a) but was rezoned to 5(a) Special Uses – Place of Worship to allow a church to be established. Proposal The intent of the rezoning proposal is to provide land for residential development in Berkeley.


Proposed Zoning The site is proposed to be zoned R2 Low Density Residential Development under the draft Wollongong Local Environmental Plan 2009. Process and Council Resolution The proposal was reviewed by SGS Consulting as part of the Wollongong Employment Lands Study (2006) and supported due to its minor nature. It was considered that the site had minimal benefit of being retained as employment land due to its small size, isolation and being surrounded by residential development. Council on 4 December 2006, as part of the report on the draft Wollongong Local Environmental Plan 2007, endorsed the rezoning of the site from 4(a) Light Industrial to R2 Low Density Residential. The part of the property zoned 6(a) Public Recreation is proposed to be zoned RE1 Public Recreation. As part of the future residential development of the land, the part zoned 6(a) / RE1 would be transferred to Council at nil cost. Further information Additional information on the Lot 10 Berkeley Road rezoning is available on the CD for the exhibition of the draft Wollongong LEP 2009 – under Rezonings – Lot 10 Berkeley Rd Berkeley. Draft LEP extract


3.14 KIRKWOOD PLACE, MT KEMBLA

Location The site is comprised of Lot 8 (DP Unknown), Kirkwood Place and Part Portion 131 DP 751278, Stones Road, Mt Kembla

(photo 2006)

Proponent/Consultant/Owner Martin Morris & Jones Pty Ltd on behalf of BHP Billiton Current Zoning The land is currently zoned 1 Non-urban under the Wollongong Local Environmental Plan 1990. Proposal On 28 April 2005 a rezoning submission was submitted for the site seeking a zoning to permit 6 large lots (1200m2 – 2400m2 in area) and the dedication of the land to the north to Council to form part of the Mt Kembla Mine Memorial walking track.


Key Issues � Heritage Significance - forms part of the former colliery and was partially used as the

mine railway. � The southern part of the site follows the upper reaches of America Creek. � The land is within the Illawarra Escarpment and was subject to a moratorium on

rezonings pending the endorsement of the Illawarra Escarpment Strategic Management Plan by the Minister for Planning and the preparation of new planning controls.

Council Resolution Council on 4 December 2006, as part of the report on the draft Wollongong LEP 2007, endorsed the rezoning of the site from 1 Non-Urban to E4 Environmental Living and RE1 Public Recreation. Further information Additional information on the Kirkwood Place rezoning is available on the CD for the exhibition of the draft Wollongong LEP 2009 – under Rezonings – Kirkwood Place Mt Kembla. Draft Concept plan


3.15 LOT 122 DP 1072069 (NO. 187) CORDEAUX ROAD, MT KEMBLA

Location The site is known as Lot 122 DP 1072069 being No. 187 Cordeaux Rd, Mt Kembla. The property has an area of 10.1ha.

Proponent/Consultant/Owner Owner Background The IELURS proposes that the land zoned 7(b) Environmental Conservation be zoned E3 Environmental Management. The IELURS does not apply to the front part of the property proposed to be zoned E4 Environmental Living. Current Zoning


The site is currently zoned part 7(c) Environmental Protection Residential (1091m2, fronting Cordeaux Road) and 7(b) Environmental Conservation (8.9 ha). No dwelling house is constructed on the land. Proposal A rezoning proposal was received enquiring about the rezoning of this land to enable two dwelling houses to be constructed. An amended proposal was subsequently received, requesting that the boundary of the E3/E4 zone be shifted south by 15 m to enable a single dwelling-house to be constructed on the property. The proponents have indicated that a drainage line / piped watercourse bisects the land zoned E4 Environmental Living making it unsuitable for a dwelling-house. Key Issues The variation to the planning controls to enable a second dwelling to be built on the land zoned 7(b)/E3 is not supported. The E3 zone provides a non-urban interface between Mount Kembla village and Cordeaux Heights. However, the minor extension of the E4 Environmental Living zone to enable a dwelling house to be constructed outside the drainage line / piped watercourse is supported. Process and Council Resolution Council considered a report on the matter on 6 August 2007, as part of the report on the Illawarra Escarpment Land Use Review. Council resolved that: 1 The Illawarra Escarpment changes to the draft Wollongong Local Environmental Plan 2007 be

amended for Lot 122 DP 1072069 (No. 187) Cordeaux Rd, Mt Kembla by extending the E4 Environmental Living zone by 15m to the south.

Proposed draft LEP amendment

Area proposed to be rezoned. 15m extension of current E4 zone


3.16 NO. 98 CENTRAL ROAD, UNANDERRA

Location The site is known as Lot A DP 346411 being No.98 Central Road, Unanderra. The property is currently vacant and is on the boundary of the Unanderra commercial zone.

(photo 2006)

Proponent/Consultant/Owner TCG Consulting Current Zoning The site is currently zoned 2(b) Medium Density Residential under the Wollongong Local Environmental Plan 1990. Proposal The rezoning proposal sought to permit retail activities as an expansion of the 3(a) General Business zone. Process and Council Resolution The proposal and precinct was reviewed and it was concluded that the proposal had merit and the commercial zone should be expanded to include all properties to Blackman Parade. As the proposal was within the proposed expansion of Unanderra B2 zone, a specific rezoning was no longer required. Council on 4 December 2006, as part of the report on the draft Wollongong LEP 2007, endorsed the expansion of the B2 Local Centre zone at Unanderra. Council on 24 June 2008 resolved not to progress the expansion of the B2 zone apart from the minor expansion onto the subject site.


3.17 WESTERN SUBURBS LEAGUES CLUB, UNANDERRA

Location The site is comprised of Lots 1 - 4 and 6 - 9 DP 203572, part Lot 5 DP 203572, Lot 1 DP 720905, Lot 1 & 206 DP 244204, Lot 1 DP 205003, Lot 1 DP 657222, and Lot 494 DP 31905, Central Road, Unanderra. The site is currently occupied by the Western Suburbs League Club.

(photo 2006)

Proponent/Consultant/Owner TCW Consulting on behalf of Western Suburbs League Club. Proposal A rezoning proposal was submitted seeking the rezoning of the site from 3(d) Commercial Services to SP3 Tourist to reflect Club use. Council Resolution Council on 4 December 2006, as part of the report on the draft Wollongong LEP 2007, endorsed the rezoning of the site to SP3 Tourist.


3.18 NO. 23A CENTRAL ROAD AND 1 ALBERT STREET, UNANDERRA

Location The site is comprised of 23A Central Road (Lot 20 DP 774581) and 1 Albert Street (Lot 21 DP 774581), Unanderra

(photo 2006)

Proponent/Consultant/Owner TCG Consulting Current Zoning The properties are currently zoned 2(b) Medium Density Residential and are used as business premises (accounting). Proposal The rezoning proposal sought an additional use on the land to permit the business premises. Process and Council Resolution The proposal and precinct was reviewed and it was concluded that the proposal had merit and the commercial zone should be expanded to include all properties to Blackman Parade and these 2 lots. As the proposal was within the proposed expansion of Unanderra B2 zone, a specific rezoning was no longer required. Council on 4 December 2006, as part of the report on the draft Wollongong LEP 2007, endorsed the expansion of the B2 Local Centre zone at Unanderra. Council on 24 June 2008 resolved not to expand the B2 zone of Unanderra but allow the rezoning proposal to proceed as an additional use “business premises”.


3.19 6(B) LAND - NORTHCLIFFE DRIVE & CANTERBURY ROAD, KEMBLA GRANGE

Location The site is comprised of Lots 50-52 DP 879625, Lots 1-2 DP 1118629, and Lots 121-123 DP 834074.

(photo 2006)

Proponent/Consultant/Owner TCW Consulting on behalf of some of the owners. Current Zoning The site is currently zoned 6(b) Private Recreation under the Wollongong Local Environmental Plan 1990. The land use within the precinct includes:


o Lot 123 DP 834074 Funeral parlour o Lot 121 DP 834074 The German Club o Lot 122 DP 834074 former Motor Museum site o Lot 1 DP 1118629 Prime television o Lots 51-52 DP879625 Landscape Supply business

The land to the north of Canterbury Road is part of the Unanderra Industrial area zoned 4(a) Light Industrial. Proposal Council received submissions on behalf of a number of the owners seeking to rezone the land from 6(b) to B6 Enterprise Corridor. The zoning options were discussed with Councillors who were of the view that the B6 Enterprise Corridor zoning was more appropriate and would fit in better with the large rural residential lots and horse stables on the other side of Northcliffe Drive. Council at its meeting on 6 December 2006 endorsed the rezoning to B6 Enterprise Corridor. Draft LEP extract


3.20 NOS. 254 AND 260 KANAHOOKA ROAD, KANANHOOKA

Location The site comprises Lot 1 & 2 DP 851407 being No. 254 & 260 Kanahooka Road, Kanahooka

(photo 2006)

Proponent/Consultant/Owner The proponent is TCG Consulting. Current Zoning The land is currently zoned 6(b) Private Recreation under the Wollongong Local Environmental Plan 1990.


Process and Council Resolution The zoning of the land has been reviewed by the:

� Mullet Creek Flood Study, which identified that the northern part of the property is flood prone and not suitable for urban development. Whereas the southern part is above the 1% flood level.

� Kanahooka Road study examined all the 6(b) zoned land along Kanahooka Road. Based

on the Mullet Creek flood study and the lack of other constrains, it recommended that the southern part of the property was capable of urban development and should be zoned R2 Low Density Residential, and the northern part E3 Environmental Management.

The Kanahooka Road study was endorsed by Council on 5 March 2007 and the changes were incorporated into the draft Wollongong LEP 2009. Draft LEP extract


3.21 YALLAH ROADHOUSE

Location The site is known as Lot 1 DP 156657 Princes Highway, Yallah. The site adjoins the Tallawarra Power Station site. The site has been used as a roadside stall selling animal skins, the Yallah Woolshed and Yallah Roadhouse, the later two uses being places of public entertainment.

(photo 2006)

Proponent/Consultant/Owner TCW Consulting Current Zoning The site is zoned part 9(b) Reservation for Main Road and part 5(a) Special Uses – Power Station under the Wollongong Local Environmental Plan 1990. Key Issues The red roofed building on the southern portion of the site is identified in the Wollongong LEP 1990 as a heritage item of local significance. It is currently being used as a Bed and Breakfast establishment. Process and Council Resolution The 5(a) Power Station zoning was not considered appropriate and on the 4 December 2006, Council as part of the report on the draft Wollongong LEP 2009 endorsed the rezoning of the site from 5(a) Power station to SP3 – Tourist, in recognition of the entertainment use.


3.22 1-11 BRUCE ROAD, FERNHILL

Location The site comprises Part Lot 1 and 2 Section 8 DP 4451, Lot 3 DP 664001, and Lots 4, 5 and 6 DP 248158 being No. 1-11 Bruce Road Fairy Meadow. The site is located in the Fairy Meadow Light Industrial Precinct.

Proponent/Consultant/Owner The owners of the site requested that Council consider adjusting the zone to reflect the current residential land use. Current Zoning The site is zoned 4(a) Light Industrial under the Wollongong Local Environmental Plan 1990. Key Issues The site is currently developed for residential purposes despite the 4(a) Light Industrial zone of the site. The six lots contain a mixture of single dwelling houses and town houses. The lots adjoin existing residential and light industrial areas. Proposal The proposal is to rezone the site from 4(a) Light Industrial to R2 Low Density Residential to better reflect the established residential land use. Process and Council Resolution Council at its meeting on the 6 August 2007 resolved to rezone the site to R2 Low Density Residential and incorporate the site into the draft Wollongong LEP 2008.


3.23 51-53 CHARLES ROAD, FERNHILL

Location The site comprises Lot 7, 8, 20 and 21 Section 2 DP 4451 being Nos. 51-53 Charles Road/483-485 Princes Highway Fernhill. The site is immediately north of the Fairy Meadow light industrial precinct and has a combined area of 2787m2.

Proponent/Consultant/Owner Lot 8 and Lot 21 is owned by Tidebar Pty Ltd and Lot 7 and Lot 20 is owned by Tidebar Pty Ltd and Mr and Mrs Chiaverini. Current Zoning The site is zoned 2(a) Low Density Residential under the Wollongong Local Environmental Plan 1990. The site contains existing dwelling houses on Lot 8, 20 and 21. Key Issues The issues arising are:

� Noise, � Loss of privacy, � Building heights, � Character, � Consistent with the Wollongong Employment Lands Study, and � Buffers to adjoining residences.


The Council report on the 6 August 2007 recommended a 6 metre buffer which included 3 metres of landscaping. Proposal The proposal is to rezone the site from 2(a) Low Density Residential to IN2 Light Industrial to enable the expansion of the Fairy Meadow light industrial precinct. Process and Council Resolution Council at its meeting on the 6 August 2007 resolved to rezone the site to IN2 Light Industrial and incorporate the site into the draft Wollongong LEP 2008.


4. REZONING PROPOSALS - NOT SUPPORTED BY COUNCIL AND NOT INCLUDED IN THE DRAFT LEP

4.1 NOS. 42-44 LAWRENCE HARGRAVE DRIVE, AUSTINMER

Location The site is known as Lot 1 DP 201973 being Nos. 42-44 Lawrence Hargrave Drive, Austinmer.

(photo 2006)

Proponent/Consultant/Owner The proponent is Cardno Forbes Rigby. Current Zoning The site is currently used as a service station and is zoned 2(a1) Special Low Density Residential, under the Wollongong LEP 1990. Proposal The proponent lodged a rezoning proposal seeking to rezone the land to 2(b) Medium Density Residential to allow a proposed town house development and sought a higher floor space ratio of 0.75:1. The current 2(a1) zone does not permit residential flat buildings (including town houses) and has a floor space ratio of 0.5:1. Council Resolution The proposal was not supported however, with the rationalisation of the Residential zones as a consequence of the Standard LEP Instrument, the site is proposed to be zoned R2 Low Density Residential with a floor space ratio of 0.5:1. Multi-dwelling housing is proposed to be a permissible land use.


4.2 NO. 55 PRINCES HIGHWAY, THIRROUL

Location The site is known as Lot B DP 656884 (No. 55) Princes Hwy, Thirroul. The property has an area of 6.2ha.

Current Zoning The site is currently zoned 7(b) Environmental Conservation and is proposed to be zoned E3 Environmental Management.


Proposal The proposal seeks the rezoning of the site to the E4 Environmental Living zone to allow the subdivision into lots greater than 1500m2 in size. Although no concept plan has been submitted, a minimum lot size of 1,500m2 would enable a theoretical maximum of 40 lots, although this number is unrealistic. The surrounding lots have an area of 1-2 hectares Key Issues

� The Illawarra Escarpment Land Use Review Study proposes that the land be zoned E3 Environmental Management to be consistent with the Commission of Inquiry and current land use zoning of 7(b).

� The site is partially cleared and contains remnant vegetation (Escarpment Moist Blue Gum Forest and Escarpment Blackbutt Forest Communities) which are identified as being of Primary Conservation value. Neither of the vegetation communities are identified as being endangered.

� No environmental studies were submitted as part of this proposal. Further development of the site is not indicated by the Illawarra Escarpment Land Use Review Study or the Commission of Inquiry.

Council Resolution Council at its meeting on 6 August 2007 resolved that: 1 The proponent be advised that Council does not have sufficient information to support the rezoning of Lot

B DP 656884 (No. 55), Princes Hwy, Thirroul to permit further residential development.


4.3 NO. 94 RIXON PASS ROAD, WOONONA

Location

The site is known as Lot 27 DP 1002240 (No. 94) Rixons Pass Road, Woonona. The property has an area of 5.6 hectares and contains one dwelling house.


Current Zoning The site is currently zoned 7(b) Environmental Conservation under the Wollongong Local Environmental Plan 1990. Proposal The proposal seeks to rezone the site to enable the subdivision of the land into 21 lots ranging in size from 558m2 to 8851m2 (average size of 2625m2). Key Issues

� The Illawarra Escarpment Land Use Review Study proposes that the land be zoned E3 Environmental Management,

� Visually prominent site with a lack of foreground screening vegetation (Visual Quality Analysis of Escarpment Scenic Values - dsb Architects),

� Development of the site would be visually intrusive in the Illawarra Escarpment. � The site contains slopes above that suitable for housing development. � The proposal is not consistent with Council’s Housing Strategy which aims to provide

additional housing near transport nodes and commercial centres. Process and Council Resolution Subsequent to the IELURS report being considered by Council on 4 June 2007, the proponent submitted additional information, comprising: � A Flood study, � A Bushfire Assessment � Flora and Fauna Assessment � A geotechnical report.

The rezoning proposal was not supported as it would impact on the visual significance of the Illawarra Escarpment. Council at its meeting on 6 August 2007 resolved that: 1 The proponents be advised that Council does not support the rezoning of 94 Rixon Pass Road,

Woonona to enable further subdivision.


4.4 NOS.138-150 AND NOS. 189-191 WENTWORTH STREET, PORT KEMBLA

Location The site is comprised of Lots 13-16 Section 3 DP 5868, Lots 17-19, 21-22 Section 3 DP 5868, and Lot 2 DP 201009 in Wentworth Street Port Kembla:

(photo 2006)

Proponent/Consultant/Owner Lots 14-16 Section 4 DP 5868 are owned by Council and is the location of a Community Centre. Lots 2 DP 201009, Lots 21 and 22 are owned by Kollaris & Co. Current Zoning The land is zoned 3(a) General Business and has a floor space ratio of 1.5:1. Proposal Following representations from the Kollaris’s, the former Ward Councillors promoted the increase of the floor space ratio on the land from 1.5:1 to 3:1. The proposal was not evaluated and pre-empted the Port Kembla Mainstreet study. Recommended Council at its meeting on 24 June 2008 resolved that the floor space ratio revert to 1.5:1 under the draft Wollongong LEP 2009 and the proposal be reviewed as part of the Port Kembla Mainstreet study.


4.5 LOT 61 AND PART LOT 54 DP 751301 MT OUSLEY ROAD, MT KEIRA

Location The site is comprised of Lot 61 and part Lot 54 DP 751301, Mt Ousley Road, Mt Keira. The site is located to the north of the Mt Keira Reserve. A paper road separates the two lots. The site is accessed via Mt Ousley Road, with only northbound left-in and left-out being permissible.


The two (2) lots have a total area of 30.9 hectares (lot 61 19.6 ha, part Lot 54 11.3 ha). The paper road that separates the two lots has an area of 0.83ha. The ownership of this road is not clear. The western part of the site (lot 61 and part of lot 54) is covered by bushland on steep escarpment slopes while the eastern most part of the property (Lot 54) on the lower escarpment slopes has been cleared. A dwelling-house and former agricultural structures are located on the southern eastern part of Lot 54. Proponent/Consultant/Owner Cardno Forbes Rigby on behalf of the land owner. Current Zoning Both lots are partially zoned 7(a) Special Environmental Protection and 7(b) Environmental Protection Conservation under Wollongong LEP 1990. Background In 1992, Council advised the owner that it had agreed in principle, under the Fair Trading Policy, to enable the land to be subdivided into three (3) lots to enable an additional two (2) dwelling entitlements, subject to the transfer of 22 hectares to be incorporated into the Illawarra Escarpment State Conservation Area. In 1993 Council prepared and exhibited a draft LEP seeking to create an additional two (2) dwelling entitlements and transfer 22 hectares into public ownership for incorporation into the Illawarra Escarpment State Conservation Area. Following exhibition, the draft LEP was endorsed by Council on 25 July 1994 as Wollongong LEP 1990 (Amendment No. 100) and referred to the Department of Planning for processing and gazettal. It is unknown from both Council and Department of Planning records why the draft plan was not gazetted. A development application (DA 1999/71) seeking to subdivide the land into four (4) lots (3 to contain dwelling-houses and one to be transferred to Council) was refused in 1999 as the rezoning had not been gazetted. The rezoning and development of the site were subsequently captured by the Illawarra Escarpment Commission of Inquiry and rezoning moratorium as the draft LEP was never made. Under the IELURS the land is proposed to be zoned E2 Environmental Conservation and E3 Environmental Management, largely reflecting the current zone boundaries. The IELURS considers that one dwelling is appropriate on the site. Proposal A revised rezoning proposal was submitted seeking to be able to subdivide the land into three lots. No change to the zone boundaries was proposed. The proposal seeks to increase the dwelling entitlements on the land zoned E3 to permit an additional two (2) dwellings. The proposal indicates that the owner is still willing to transfer the core escarpment area (22 ha) to the Government for incorporation into the Illawarra Escarpment State Conservation Area, if the Government is willing to accept it. However, the transfer did not form part of the proposal and is not being promoted as being as an off-set for increased development potential. Key Issues As well as being located in the Illawarra Escarpment, the site is also constrained by:


� Access – access to the site is via a driveway from Mt Ousley Road, with only left-in and left-out movements being available. Consequently the owners need to undertake large detours to head south to Wollongong or when returning from the north. Although, the driveway has good site distances on Mt Ousley Road, the intensification of development could lead to vehicle conflicts. The poor access results in the site being isolated from Wollongong and its services and facilities.

� Geotechnical –the site is a suspect land slip area and contains one small known landslip area.

� Services – the site is only serviced by electricity and telephone connections. Reticulated water, sewage and gas services are not available,

� Bushfire – the site is subject to a high bushfire risk, � Potential Aboriginal Heritage value, � Flooding – the site is in the Escarpment and is not subject to flooding. However, the

site contains steep watercourses which flow during and after rainfall. Process and Council Resolution The intensification of development on the site was not supported, as a consequence of poor access and isolation, lack of services and site constraints. It is acknowledged that Council supported a rezoning of the site in 1993 however the proposal needs to reflect current legislation and community attitudes. Council considered a report on the matter on 6 August 2007, as part of the report on the Illawarra Escarpment Land Use Review. The report recommended that the proposal not be supported. Council resolved that:

Council endorse the following site specific variations – Lot 61 and Part Lot 54 DP 751301 Mount Ousley Road, Mount Keira: Council amend the Draft LEP to enable two additional dwelling entitlements and the applicant be requested to - i Dedicate part of their land, which is of high conservation value and which is adjacent to the

Illawarra Escarpment Park. ii Prepare a feasibility study of an alternative emergency access road through their land, secured by

a roadway north of Mt Pleasant in case of fire or bridge failure. iii An onsite meeting be held with available Councillors and staff.

The RTA has subsequently advised that it does not support the access road link to Mt Ousley Road and the proposal has stalled. The onsite meeting did not occur. The proponent subsequently submitted a draft plan indicating how an access route could be constructed from Mt Pleasant to provide alternate access. The proponent indicated that the alternate access route would increase safety for Mt Pleasant residents, as it would provide an alternate access route in the event of an emergency. The proposal was reviewed by Council following the appointment of Administrators. On 24 June 2008 Council resolved to remove the proposal from the draft Wollongong LEP 2009.


4.6 249 SHELLHARBOUR ROAD, PORT KEMBLA

Location The site is known as Lot 4 DP 270518 being No. 249 Shellharbour Road, Port Kembla and has an area of approximately 2.29ha.

(Photo 2006)

Proponent/Consultant/Owner The proponent was Urbis on behalf of Belmorgan Property Developments Pty Ltd. Current Zoning The site is currently zoned 4(b) Heavy Industrial under the Wollongong Local Environmental Plan 1990. Proposal The proposal sought to rezone the site from 4(b) Heavy Industrial to B6 Enterprise Corridor to permit a bulky goods retail use with an existing industrial area. Key Issues The key issues were as follows:

� Inconsistent with o Illawarra Regional Strategy, o Department of Planning’s Spot Rezoning Criteria, o Section 117 Directions, o Wollongong Employment Land Strategy, and o Illawarra Employment Land Guidelines.

� Conflicting land uses permitted under B6 zone



A report on the proposal was prepared for the Council meeting on 7 April 2008 recommending that the proposal not be supported. The report withdrawn by the applicant before the meeting and the matter was not formally considered by Council.

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DRAFT WOLLONGONG LOCAL ENVIRONMENTAL PLAN 2009 … · 1.2 CAVIONS PRECINCT - PRINCES HIGHWAY, BULLI...

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