Shire Planning Committee Meeting...2016/11/07 · 5. PRESENTATIONS 6. REPORTS FROM OFFICERS...

Business Paper

Shire Planning Committee Meeting

Monday, 7 November 2016 Commencing at the conclusion of the Corporate Governance

Committee and Shire Services Committee Meetings

Council Chambers, Level 2, Administration Building

4-20 Eton Street, Sutherland

Shire Planning Committee 7 November 2016

ORDER OF BUSINESS

1. ACKNOWLEDGMENT OF COUNTRY 2. APOLOGIES 3. DISCLOSURES OF INTEREST 4. CONFIRMATION OF MINUTES OF THE PREVIOUS MEETING 5. PRESENTATIONS 6. REPORTS FROM OFFICERS

PLN001-17 Adoption of Shire Planning Committee Charter

PLN002-17 Kareela Flying-fox Camp Dispersal Update and Budget Review

PLN003-17 Results of Exhibition of Draft Section 94 and Section 94A Plans

PLN004-17 Results of Public Exhibition of Planning Proposal to Rezone 87-97 Willarong

Road, Caringbah (Draft Amendment 5 to SSLEP2015)

PLN005-17 Review of Tree Removal Application Fee

7. QUESTIONS 8. CONSIDERATION OF BUSINESS IN CLOSED SESSION

PLN001-17 ADOPTION OF SHIRE PLANNING COMMITTEE CHARTER

Attachments: Appendix A

EXECUTIVE SUMMARY

• The commencement of the Council term has seen Council endorse a new committee structure

and the charters and members for these committees.

• The endorsed charters will facilitate the first meeting of each of the Standing Committees.

• Subsequent to their adoption feedback has been received on the Standing Committee charters

which have been reviewed and are now presented to the committee for consideration.

REPORT RECOMMENDATION

That the Charter for the Shire Planning Committee, as attached in Appendix A of this report, be

adopted.

PURPOSE

The purpose of this report is to present the draft charter for the Shire Planning Committee, for

consideration.

BACKGROUND

A new committee structure was endorsed by Council on 4 October 2016 (CCL026-17) for the term of

Council consisting of the following Standing Committees:

• Corporate Governance Committee

• Shire Services Committee

• Shire Planning Committee

• Shire Infrastructure Committee

Charters and membership for these committees were endorsed by Council on 24 October 2016

(COR032-17).

DISCUSSION

The charters for the Standing Committees were endorsed by Council on 24 October 2016 to facilitate

the first meeting of the committees. The attached draft charter has been amended in response to

feedback received after its adoption.

The presentation of the draft charter to the committee provides the opportunity for newly appointed

committee members to consider the proposed changes.

BUDGET AND RESOURCES

The Governance and Customer Service Unit is responsible for providing support to committees

utilising existing resources.

POLICY Council's meeting structure is not mandated by legislation or Council policy and is amended from time

to time by Council resolution.

CONCLUSION The charter for the Shire Planning Committee has been amended in response to feedback and is

presented to the committee for consideration.

RESPONSIBLE OFFICER The officer responsible for the preparation of this Report is the Corporate Governance Manager,

Samantha Charlton, who can be contacted on 9710 0817.

File Number: 2015/937

Shire Planning Committee CHARTER November 2016

Prepared by: Corporate Governance Unit

Shire Planning Committee - Charter 2

1. CHAIRPERSON As appointed by Council.

2. DEPUTY CHAIRPERSON As appointed by Council.

3. COUNCILLORS Seven Councillors as appointed by Council. To be expanded to include all Councillors when

necessary to deal with major, special or sensitive issues.

4. STAFF ATTENDING Staff, as determined by the General Manager, will attend when required.

5. QUORUM Four Councillors.

6. MEETING TIME 6.30pm on the first Monday of Meeting Cycle, and at other times when required to meet with all

Councillors or at other times when determined by the General Manager in consultation with the

Committee Chairperson.

7. OBJECTIVES To support the success of Council’s Integrated Planning and Reporting Framework goals and

objectives through the provision of strategic direction and informed decision making.

8. RESPONSIBILITIES The Committee shall have responsibility for consideration of matters related to all functions that

fall within the Shire Planning Division of Council.

9. TERMS OF REFERENCE To make decisions and/or recommendations to Council in relation to matters falling within the

responsibility of the Committee.

PLN002-17 KAREELA FLYING-FOX CAMP DISPERSAL UPDATE AND BUDGET REVIEW

Attachments: Nil

EXECUTIVE SUMMARY

• Council have maintained a successful dispersal of the Kareela Flying-fox camp for over 13

months.

• Flying-fox numbers have varied over the last 13 months and they have roosted during the day

at Camellia Gardens and Kareela during big influxes of this highly migratory species.

• In order to maintain a successful dispersal, further funds are required to sustainably resource

dispersal activities at Kareela and continue to prevent roosting at inappropriate sites such as

Camellia Gardens.

1. Funds of $130,000 for 2016-17 be allocated in the December budget review, to ensure that the

dispersal remains successful.

2. Funds of $120,000 for 2017-18 be allocated to ensure that the future dispersal activities are

adequately funded.

3. Council progress, as a priority, the Kareela Flying-fox Camp Master Plan.

PURPOSE

This report has been prepared to update Council on the progress of the Kareela Flying-fox camp

dispersal, including the status of the budget expended to date and request further funds to ensure the

dispersal remains successful in the long term.

BACKGROUND Following State and Federal approval, Council resolved to commence dispersal of the Kareela flying-

fox camp on 29 June 2015 (EHR111-15). Council staff commenced initial dispersal activities to deter

the Kareela flying-fox camp during the month of August 2015. These actions were successful in

dispersing the original camp using 10-15 staff per day, including consultants, at a cost of

approximately $90,000 for the first month.

Council then moved into maintenance dispersal to prevent re-colonisation of the Kareela camp, which

commenced 1 September 2015. Since then staff have been present on the site between four and six

days per week with cost of 12 months of dispersal totalling $285,000.

For further history on the Kareela flying-fox camp refer to EHR011-16.

DISCUSSION

During the last 13 months there has been a great deal of flying-fox activity at Kareela (see graph

below). It has taken significant resources to keep a camp reforming at Kareela and there is a risk that

without adequate resources the dispersal could become ineffective at any time, especially considering

the unpredictable behaviour of this species.

In addition to activities at Kareela during July 2016, flying-foxes arrived at Council's Camellia Gardens

at Caringbah in numbers of up to 150. Due to the inappropriate nature of this roosting location OEH

(Office of Environment and Heritage) supported Council in attempting a dispersal. Noise dispersal was

conducted at this location for two and a half weeks, running concurrently with the Kareela dispersal in

accordance with conditions of consent. The noise dispersal actions at Camellia Gardens were

required to cease at the end of August due to S95 licence conditions and at that point the initial

dispersal actions had not been successful.

Since the end of August, numbers have reduced at Camellia Gardens. Staff are still attending the site

daily (dispersing without making noise) to ensure that the numbers will not grow again and most days

the Gardens are clear of flying-foxes. These extra dispersal activities have placed pressure on staff

and financial resources. OEH approved ecologists have had to be sourced from external consultants

to enable two dispersals to run concurrently.

A small camp of less than 100 was also recorded at the Kurnell Desalination Plant. This is the original

site of the flying-fox camp prior to their move to Kareela. Council staff have visited the camp and

observed that the habitat is in good condition and could accommodate many more animals. As of 26

September 2016 Veolia staff reported no signs of flying-foxes using the desalination plant flying-fox

camp habitat. Staff will continue to liaise with Veolia on the status of this camp.

The scope of ongoing dispersal operations and the funding required is difficult to forecast as the

determining factor is the unpredictable behaviour of protected, migratory animals.

Dispersal costs initially reduced significantly on cessation of Council's reliance on external consultants

in March 2016. Council staff and casuals replaced consultants on a rotating roster. However, the need

for consultant support has arisen with the latest influx of flying-foxes from May 2016 with dispersal

activities occurring at two locations. Council's limitation is the availability of in-house OEH approved

ecologists as all dispersal actions must be supervised by an OEH approved ecologist.

Currently the cost of dispersal per month is approximately $10,000 including salaries, casual wages,

consultant fees, equipment, consumables and other sundries. This equates to a yearly cost of

approximately $120,000.

The total amount voted by Council to date for the dispersal was $305,000, and of this $285,000 has

been spent. These initial funds were sufficient to fund dispersal for the first 12 months but they did not

provide for ongoing dispersal in accordance with the adopted Dispersal Plan.

Due to the delay in producing a Master Plan for the flying-fox camp site, as per resolution from

EHR043-16, no vegetation modification has been undertaken. No accurate cost estimates are

available for vegetation modification until the Master Plan is completed. The Master Plan project is

currently being managed by Shire Infrastructure.

Until the vegetation at Kareela is modified, the location will remain suitable for flying foxes. To ensure

that the camp does not re-establish, ongoing funding will need to be allocated until the landscape is

modified.

Due to the constant activity at Kareela, unexpected activity at Camellia Gardens and the potential for

future flying-fox activity at other sites within the Sutherland Shire, the current dispersal actions have

exceeded the resources available in the Environmental Science Unit. Environmental Science staff are

performing the role of OEH approved ecologists as well as administering the project.

Overtime is currently being paid to meet these needs, however, an additional staff member two days

per week for 12 months would enable administration and technical support (such as rosters,

timesheets, equipment management, ongoing site maintenance, government liaison, reporting,

contractor engagement and staff liaison) to be funded at a reduced rate. The cost of this will be

approximately $30,000.

In order to continue dispersal activities Council needs to allocate $130,000 for the 2016-17 financial

year and another $120,000 for the 2017-18 financial year.

POLICY All dispersal actions are conducted in accordance with Council's Kareela Flying-fox Camp Plan of

Management and the Kareela Flying-fox Dispersal Plan.

CONCLUSION

Initial dispersal of the Kareela flying-fox camp occurred in August 2015, since that date maintenance

dispersal to prevent re-colonisation of the Kareela camp has been ongoing. In order to maintain this

and other dispersals further funding of $130,000, (2016-17) and $120,000 (2017-18) is required to

resource these activities at Kareela and to prevent roosting at inappropriate sites.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Environmental Project Officer -

Ecologist, Beth Noel, who can be contacted on 9710 5686.

PLN003-17 RESULTS OF EXHIBITION OF DRAFT SECTION 94 AND SECTION 94A PLANS

Attachments: Appendices A, B, C, D and E

EXECUTIVE SUMMARY

• Council exhibited Draft 2016 Sutherland Shire Section 94 and Section 94A Development

Contributions Plans for 28 days from 27 July to 25 August 2016. Council also exhibited the

'Strategy for Finalisation of current S94 and S94A Plans'.

• Seven submissions were received during the public exhibition. No changes are recommended in

response to the submissions. Minor corrections and amendments to the Works Schedule

requested by Council's Asset Management Group have been made.

• The adoption of the new plans will repeal the existing Section 94 and Section 94A plans for new

development applications.

1. The Draft Sutherland Shire Section 94 Development Contributions Plan 2016 and the Draft

Sutherland Shire Section 94A Development Contributions Plan 2016, as amended and

attached as Appendices A and B, be adopted.

2. The 'Strategy for Finalisation of current S94 and S94A plans', as appended to each of the

existing plans, which are attached as Appendix C, be adopted.

3. A notice be placed in the St George and Sutherland Shire Leader advising of the adoption of

the new plans and the plans be forwarded to NSW Department of Planning and Environment.

PURPOSE

This report summarises the results of the public exhibition of the draft Section 94 and Section 94A

Plans 2016 and the Strategy for Finalisation of the current S94 and S94A Plans.

BACKGROUND

New draft Section 94 and Section 94A Plans have been prepared to align with Sutherland Shire Local

Environmental Plan 2015. On 7 July 2016, Council resolved (EHR004-17) to adopt the Draft

Sutherland Shire Section 94 and Section 94A Plans 2016 for public exhibition for 28 days in

accordance with legislative requirements.

DISCUSSION Section 94 of the Environmental Planning & Assessment Act 1979 allows Council to levy development

towards the cost of infrastructure needed as a result of development. SSLEP2015 facilitates

development that could result in population growth of approximately 25,000 people over the next 10

years. This population increase will mainly occur in the centres and the residential flat zones around

the centres. A growing population will place additional pressure on the Shire's regional parkland and

its sporting facilities.

Two new draft Section 94 plans were exhibited:

• A Section 94 plan applying to the eight major growth centre precincts. These are the

commercial and residential flat zones of Caringbah, Cronulla, Miranda, Sutherland/Kirrawee,

Jannali, Engadine, Gymea and Sylvania. This plan will directly fund works to meet the needs of

a growing population in centres. This includes works to increase the utility of existing regional

open space and recreational facilities, the acquisition of open space and public domain

improvements in centres to improve the utility of urban spaces.

• A Section 94A plan applying to all other development in all areas of the Sutherland Shire. The

section 94A levy will apply to the construction of new dwellings, dual occupancy and multi

dwelling development, and to industrial and commercial development. The levy will also apply to

residential flat buildings where they are outside the centre growth precincts, such as Sylvania

Heights or Menai. The Section 94A plan funds open space and recreation facilities. Although

the plan will realise less revenue for Council than the Section 94 Plan, it allows greater flexibility

in expenditure as the plan does not need to establish a direct nexus between the new

development and the works being funded.

The draft Plans, when adopted, will repeal all pre-existing Section 94 Plans and Section 94A Plans

applying within Sutherland Shire. The plans to be repealed are:

Section 94 Plans (Traditional) Section 94A Plans

• 2005 Shire-Wide Open Space and Recreation

Facilities

• 2003 Community Facilities Plan

• Caringbah Centre Contribution Plan 1997

• Miranda Open Space Embellishment Plan

• Sutherland Centre Contribution Plan

• Cronulla Centre S94A Levy Plan 2007

• Employment Land S94A Plan 2007

• Engadine Centre Section 94A Levy Plan 2008

• Kirrawee Mixed Use S94A 2007

• Menai Centre S94A Levy Plan 2008

• Miranda Centre Core Commercial Land 2007

• Sutherland Centre S94A Plan 2006

For development applications lodged before the adoption of the new plans, the existing plans will still

apply. The monies remaining in these funds will be allocated to projects as set out in the 'Strategy for

Finalisation of current S94 and S94A plans', which formed part of the Section 94 exhibition. This

document is to be appended to each of the existing plans and attached to this report as Appendix C.

CONSULTATION

The Draft Section 94 and Draft Section 94A Plans 2016 were publicly exhibited for 28 days from 27

July to 25 August 2016. Owners of land identified for acquisition by Council were notified as part of the

exhibition process for the draft Section 94 plan.

Seven submissions were received. The submissions are attached as Appendix D and a detailed

discussion of the submissions is included as Appendix E. Following is a brief summary:

The application of the plans (raised in 1 submission) The use of both a S94 and a S94A plan seeks to target future work where growth will be most

concentrated. The S94 Plan focuses on the centre growth precincts. Development in the rest of

Sutherland Shire will incur a lower contribution through the S94A plan. One submission objects to this

approach on the basis that it does not maximise potential revenue. However, it should be recognised

that worked funded by S94 must reasonably related to the demand created by the development.

Because development outside of the centres will be disbursed, a strong nexus cannot be established

between acquisition and development. Therefore a S94A plan is a more appropriate tool because it

provides much greater flexibility in terms of how contributions can be spent.

The plans respond to the recent rezoning of land for residential flats and increases in development

potential created by SSLEP2015. Should additional areas be rezoned in the future the plan can be

amended.

The application of the S94A plan to single dwellings (raised in two submissions)

The Section 94 plan will apply to flat development in nominated centres. The Section 94A levy plan

will apply to all other development. Section 94A plans were introduced by the State Government as an

option for councils to allow development contributions to be levied in established urban areas where

development is mainly ‘infill’ and sporadic. As such S94A applies to development where the estimated

cost is greater than $100,000 (the levy is 0.5%), and where the cost is greater than $200,000 (the levy

is 1%). This type of plan allows greater flexibility in expenditure as the plan does not need to establish

a direct nexus between the new development and the works being funded.

Approximately $56 million in total works will be funded by the S94A plan over ten years. Income from

the application of the plan to single dwelling houses is likely to generate $1.2 to $1.6 million per year.

This represents approximately one third of S94A income in a high growth year. In a low growth year

income form single dwellings could be half the S94A income.

The application of Section 94A contributions on single dwellings is a change in policy but is entirely

consistent with the policy framework governing Section 94 contributions. S94A plans which apply to

single dwellings are common throughout Sydney which this approach being used in Section 94A plans

for Rockdale, Kogarah, Willoughby, Warringah, Hornsby, Wollongong, Randwick, Bankstown, Ashfield

and Burwood Council areas.

SSLEP2015 increased the allowable floor space ratio in all residential zones, resulting in a significant

increase in development activity. The substantial expenditure involved in dwelling construction is

indicative of the increased affluence of the residents of the Shire and the better quality of life to which

they aspire. It is reasonable to anticipate that the residents would have the same heightened

expectations for the overall amenity of the community. These expectations are likely to be expressed

in increased demands for both a greater quantity and better quality of public facilities. The S94A Plan

will allow growing demands to be funded.

The need to provide additional land for open space purposes (raised in two submissions)

Two submissions argue that the focus of the plan should be solely on the acquisition of land to

increase the amount of open space. The goal should be to maintain per capita open space, rather

than increase the utility of open space.

Acquisition of land for additional open space is costly and difficult. Council does not compulsorily

acquire residential land. The plans seek to acquire land where it will be of the greatest benefit to the

growing population. However, timing of provision can be very slow and strategies are needed to

increase the carrying capacity of existing assets to accommodate growth as it occurs. Whilst each

centre precinct in the Section 94 Plan has local projects to increase the amount of local open space,

the plans also focus on increasing the utility of existing spaces and improving larger, more useable

areas of Regional public open space, either as playing fields or parks. This approach is consistent with

the regulations governing S94 contributions.

The option of requiring the provision of public open space within each development would only provide

small areas of land on each development site. This space would be of limited utility.

Objection to the items listed on the works schedule, in particular recent works to Ewey Creek, maintenance of existing infrastructure, cycleways, as well as streetscape and roadworks improvements (raised in three submissions)

The submissions object to specific items on the works schedule which it is claimed will not provide the

same utility as the acquisition of land for more open space. Concerns are raised in relation to

proposed public domain improvements, including footpaths, cycleways, stormwater management

works and the Cronulla seawall.

The works schedule has been based on works that can improve the carrying capacity of land used for

recreation so that the growing population can be better accommodated. In centres, incidental public

spaces and the public domain are vital for public recreation activities such as walking for exercise,

socialising and enjoying the outdoors, as well as improving connections between centres and parks.

The policy intends to provide for a range of outdoor recreational experiences, including walking and

the use of bicycles for transport, exercise and recreation. This is based on analysis of current and

likely future recreational demands.

Concerns raised in relation to the funding of works along Ewey Creek are based on objections to

elements of the design as implemented in recent works. This is not a relevant issue for the S94 Plan.

Comments about the work have been forwarded to Shire Infrastructure.

Acquisition of land specifically identified for open space (raised in two submissions).

Two submissions sought to take up Council's obligation to acquire land which is currently reserved for

open space. These inquiries have been referred to the Property Unit for further action.

Minor Changes

Council's Asset Management Group have suggested minor amendments to the description and timing

of works. An additional project has also been added to the Section 94A Works Schedule being the

funding of the Shire Life Strategy which will be used to inform the next update of the plans. It is

recommended that the Section 94 and Section 94A Plans be amended accordingly. The amended

versions are attached as Appendices A and B.

BUDGET AND RESOURCES The Draft Section 94 and Section 94A Contribution Plans are cross divisional plans and have been

prepared by the Strategic Planning Unit in consultation with Shire Services and Shire Infrastructure.

The contributions received by Council will provide significant income for Council to use towards the

acquisition and embellishment of infrastructure. The funds will be expended in accordance with the

Works Schedule and the adopted Infrastructure/Capital Program. Should development not occur and

contributions not be received by Council the works identified in the works schedule will not proceed.

POLICY

The draft S94A and S94 Contribution Plans 2016 have been prepared in accordance with the

provisions of the Environmental Planning and Assessment Act. The plans provide for the levying of

development contributions on new development. Adoption of the draft Plans is consistent with the

strategy identified under the 'Live' heading in the Community Strategic Plan: Our Shire, Our Future -

Our Guide for Shaping the Shire to 2030. Specifically the Plans aim to assist in achieving the primary

strategy to ‘Provide effective and critical Infrastructure’. The plans will ensure that there will be

infrastructure to support our neighbourhoods, our economy, our leisure pursuits and future

communities.

CONCLUSION

The public exhibition of the draft Section 94 and Section 94A Plans 2016 and the 'Strategy for

Finalisation of current S94 and S94A Plans' resulted in seven public submissions. The issues raised

have been considered, but do not justify a change of approach to the plans or finalisation strategy.

Council's Asset Management Group has requested minor amendments to the Works Schedule which

are logical and it is appropriate to add funding of the Shire Life Strategy.

It is recommended that Council adopt the amended draft Section 94 and Section 94A Contribution

Plans 2016 as attached. The adoption of the draft plans will repeal the existing Section 94 and Section

94A plans for new development applications and approvals. It is also recommended that Council

adopt the finalisation strategy for the current plans which sets out how the monies remaining in these

funds will be allocated to projects identified in the plans.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager Strategic Planning, Mark

Carlon, who can be contacted on 9710 0523.

Sutherland Shire Section 94 Development Contributions Plan

Contents 1 Introduction .................................................................................................................... 2 2 How will Contributions be imposed? ............................................................................... 3 3 When and where this Plan applies ................................................................................. 3 4 Land to which this Plan applies: Figures 1-8 .................................................................. 4 5 Types of development to which this plan applies .......................................................... 13 6 Sutherland Shire 2016 to 2026 - Forecast Development and Population Growth ......... 14

Sutherland Shire Local Environmental Plan 2015(SSLEP2015) ................................... 15

7 Demand for Regional Parks, Sporting Facilities and Active Transport Infrastructure .... 17 Regional Parks ............................................................................................................. 17

Sporting Facilities ......................................................................................................... 18

Active Transport Infrastructure ..................................................................................... 21

S94 Contributions for Regional Parks, Sporting Facilities and Active Transport ........... 22

8 Demand for Local Recreation Space & Infrastructure ................................................... 22 Caringbah Centre and Caringbah Medical Precinct ...................................................... 24

Sutherland/ Kirrawee Centre Precinct .......................................................................... 24

Miranda Centre and Pinnacle Street Precinct ............................................................... 25

Cronulla Centre Precinct .............................................................................................. 26

Engadine Centre Precinct ............................................................................................ 26

Gymea Centre Precinct ................................................................................................ 26

Sylvania Centre Precinct .............................................................................................. 27

9 Contribution Rates Summary ....................................................................................... 27 10 Works Schedule ........................................................................................................... 28

Regional Works ............................................................................................................ 28

Local Works ................................................................ Error! Bookmark not defined.32

11 Plan Preparation and Management .............................................................................. 38 12 Administrative Requirements........................................................................................ 38

Methods of payment ..................................................................................................... 38

Offer to enter into a voluntary planning agreement ....................................................... 40

Timing of Payment ....................................................................................................... 40

Set Time Period Deferment & Bank Guarantee ............................................................ 41

Periodic Payment ......................................................................................................... 42

Indexation of Contributions and Values ........................................................................ 42

13 Monitoring and Review of the Plan ............................................................................... 43 14 Accounting and Management of Funds ........................................................................ 43 Appendix 1: S94 Project Locations ...................................................................................... 44

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1 Introduction

This plan is the Sutherland Shire 2016 Section 94 Development Contributions Plan. It commenced on XX 2016.

The primary purpose of this Plan is to enable the consent authority to impose a condition of development consent requiring a monetary contribution prior to the occupation of a building. All contributions received will be used towards the provision, extension or augmentation of infrastructure that is required as a consequence of development. In some instances the contributions will be used to recoup the cost of infrastructure that has been provided in anticipation of likely future development.

Through the collection of funds in accordance with this Plan, Council will undertake the projects documented in the works schedule. These works will increase the capacity of local infrastructure to meet the additional demand generated by new development. This will ensure that the existing community is not burdened with the provision of public facilities required as a result of future development.

The Plan is based on anticipated population growth for the period to 2026. It has been based on the development capacity that is provided by Sutherland Shire Local Environmental Plan 2015 (SSLEP2015). The Plan will be monitored and regularly reviewed to ensure it remains relevant and fit for purpose.

This plan repeals all pre-existing Section 94 Plans applying within the Sutherland Shire. The repealed plans are:

• Shire-Wide Open Space and Recreation Facilities 2005• Section 94 Community Facilities Plan 2003• Land within Sutherland Centre 2006• Caringbah Contribution Plan 1997• Miranda Centre Open Space Embellishment Plan 2005

The plan also repeals the following S94A Plans:

• Miranda Centre Core Commercial Land S94A Levy Plan (2007)• Land within the Employment Zone S94A Levy Plan (2007)• Land within the Kirrawee Mixed Use - Zone 7 Land (S94A Levy Plan) (2007)• Land within the Menai Centre S94A Levy Plan (2008)• Land within the Cronulla Centre S94A Levy Plan (2008)• Sutherland Centre S94A Levy Plan (2008)• Engadine Centre S94A Levy Plan (2008)

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2 How will Contributions be imposed?

In accordance with Section 94 of the Environmental Planning and Assessment Act 1979, contributions will be imposed via conditions on development consents, or as conditions on complying development certificates.

In accordance with section 94EC (1) of the EP&A Act, accredited certifiers must impose a condition upon Complying Development Certificates for development which satisfies the criteria under this plan. The condition imposed must require the payment of a monetary contribution in accordance with the provisions of this Plan.

It is the professional responsibility of accredited certifiers to accurately calculate the contribution and to apply the section 94 condition correctly. The method for calculating the amount of the monetary contribution to be paid is set out in this plan.

In accordance with clause 146 of the EP&A Regulation 2000, a certifying authority must not issue a construction certificate for building work or subdivision work under a development consent, or issue a Complying Development Certificate, unless it has verified that any condition requiring the payment of levies has been satisfied. In particular, the certifier must ensure that the applicant provides a receipt confirming that levies have been fully paid. Copies of such receipts must be included with copies of the certified plans provided to Council in accordance with clause 142(2) of the EP&A Regulation. Failure to follow this procedure may render a Complying Development Certificate invalid.

The only exceptions to this requirement are where works in kind, material public benefit, dedication of land or deferred payment has been approved by Council. In such cases, Council will issue a letter confirming that an alternative payment method has been agreed with the applicant.

3 When and where this Plan applies

This plan applies to all development applications lodged after the commencement of this plan. Any other application that has been lodged but is yet to be determined at the commencement of this plan, will be assessed under the plan that applied at the time the development application was lodged. The area of each centre that is subject to this plan is shown in Figures 1-8. In each case the mapped areas include areas zoned Business and surrounding High Density Residential zones. These centre precincts are:

1. Cronulla Centre Precinct,2. Caringbah Centre and Medical Precinct,3. Sylvania Southgate Centre Precinct,4. Miranda Centre and Pinnacle Street Precinct,

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5. Gymea Centre Precinct,6. Sutherland / Kirrawee Centre Precinct,7. Jannali Centre Precinct,8. Engadine Centre Precinct

4 Land to which this Plan applies: Figures 1-8

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Figure 1

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Figure 7

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5 Types of development to which this plan applies

This plan applies to any development that will create additional dwellings, where that development is predominantly residential, in the centre precincts as mapped in Figures 1-8 in this plan. Contributions will be based on the increase in demand generated by the development. A credit will be factored into the calculation where the land the subject of the development application contains dwellings prior to development. The credit will be equivalent to the contribution that would be applicable to the pre-existing dwellings.

The following development is exempt from the plan:

• Applications made under State Environmental Planning Policy (Housing for Seniors or People with a Disability) by a social housing provider as defined by that policy.

• Components of applications for Seniors Housing that comprise: o hostel accommodation, or o residential care facilities,

as defined under State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004.

• Secondary Dwellings as defined by SSLEP2015

• Affordable Housing undertaken by a social housing provider as defined by the

State Environmental Planning Policy (Affordable Rental Housing) 2009

social housing provider means any of the following:

(a) the New South Wales Land and Housing Corporation, (b) the Department of Housing, (c) a community housing organisation registered with the

Office of Community Housing of the Department of Housing,

(d) the Aboriginal Housing Office, (e) a registered Aboriginal housing organisation within the

meaning of the Aboriginal Housing Act 1998, (f) the Department of Ageing, Disability and Home Care, (g) a local government authority that provides affordable

housing, (h) a not-for-profit organisation that is a direct provider of

rental housing to tenants.

6 Sutherland Shire 2016 to 2026 - Forecast Development and Population Growth

NSW Planning & Environment forecasts a population increase for Sutherland Shire from the current (2016) population of 229,800 persons, to 256,350 persons1 by 2026. This is an estimated increase of 26,550 persons. The tables below show the population projections and the projected dwellings for Sutherland Shire. The population projections are based on assumptions that take into account current trends for births, deaths and migration. These projections show a rate of population increase of 1.1% per annum over the life of this plan. The dwelling projections provide an estimate of the net underlying requirement for dwellings implied by the population projections and assumed future living arrangements.

TOTALS: 2011 2016 2021 2026 2031 Total Population 220,250 229,800 243,200 256,350 267,750 Total Households 80,500 84,900 90,400 95,700 100,600 Average Household Size 2.71 2.68 2.66 2.65 2.63 Implied Dwellings 85,550 90,250 96,100 101,750 106,950 Table 1 Total populations and households to 2031

CHANGE: 2011-16 2016-21 2021-26 2026-31 Total Population Change 9,550 13,400 13,100 11,450 Average Annual Population Growth 0.9% 1.1% 1.1% 0.9% Total Household Change 4,400 5,500 5,300 4,900 Average Annual Household Growth 0.8% 1.1% 1.1% 1.0% Table 2 Population change forecasts to 2031

HOUSEHOLD TYPES: 2011 2016 2021 2026 2031 Couple only 24.3% 25% 24.9% 25% 25.09% Couples with children 40% 39.2% 38.6% 37.8% 36.87% Single parent 9.3% 9.3% 9.29% 9.35% 9.39% Other family households 0.9% 0.8% 0.82% 0.78% 0.84% Multiple-family households 2.7% 2.7% 2.76% 2.71% 2.73% Total family households 62,250 65,250 69,100 72,500 75,350 Lone person 20.5% 21% 21.6% 22.36% 23.26% Group 2.1% 2.1% 1.9% 1.9% 1.83% Total non-family households 18,250 19,650 21,300 23,200 25,250 Total 80,500 84,900 90,400 95,700 100,600

Table 3 Household types to 2031

1 http://www.planning.nsw.gov.au/Research-and-Demography/Demography/Population-Projections.

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As has been the trend in the past, the proportion of older people in the population will increase. It is estimated that by 2026 the proportion of the Shire’s population aged 65 or over will have grown from 14.9% in 2011 to over 20%. Between 2016 and 2026 there is also a projected increase in the proportion of lone households from 21% to 23.26%.

Sutherland Shire Local Environmental Plan 2015(SSLEP2015)

The State Government sets the growth targets of Greater Sydney and each Council is required to adjust its planning framework to accommodate its share of the future population. The 2015 South Subregional Population Projections (NSW Planning & Environment, 2015) identifies population growth of 154,750 people between 2011 and 2031. This growth is to be shared across the Georges River, Canterbury–Bankstown, and City of Rockdale Councils as well as Sutherland Shire. This increase, combined with a demographic shift to smaller households, creates a need for 66,650 additional dwellings across the subregion.

In order to accommodate its share of subregional growth, Sutherland Shire Local Environmental Plan 2015 provides for increased development potential in the Shire. Between 2016 and 2026 it is estimated that the capacity for growth under SSLEP2015 allows for an increase in residential accommodation of approximately 13,535 dwellings across the Shire. The strategic planning that underpins SSLEP2015 focuses development in those centres which can benefit most from revitalisation. Focusing population growth in centres also means that future residents have good access to public transport, shops, schools and services within walking distance. Based on analysis of current take up rates, it is estimated that approximately 8,835 of the new dwellings created to 2026 will be located in the centre growth precincts. This will increase centre population by approximately 15,815 people. This new community will create demand for community infrastructure. Figure 10 below shows how the expected growth will be distributed throughout the centres.

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Figure 9 Sutherland Shire dwelling growth in main centres

Table 4 below shows an estimate of the development potential within the centres combined with likely occupancy ratios and assumed take up rates for development, to provide an estimate of population growth in the centres to 2026.

Location

Projected Dwelling Increase to 2026

Occupancy Rate

Projected Population Increase to 2026

Cronulla 1462 1.79 2617 Caringbah 2013 1.79 3603 Sylvania Southgate 398 1.79 713 Miranda 1459 1.79 2612 Gymea 244 1.79 436 Jannali 190 1.79 339 Kirrawee 936 1.79 1675 Sutherland 1434 1.79 2567 Engadine 699 1.79 1252 Centre Total 8835

Table 4 Dwelling yield and population growth capacity in centres

Dwellings

Existing Number of Dwellings Projected Increase to 2026 Projected Total at 2026

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Approximately one third of this growth will also occur outside of main centres. Based on recent development trends it is estimated that by 2026 an additional 4,700 dwellings will be developed outside the main centres. It is estimated that total population growth will be a total of 25,748 people.

Development Type

Occupancy Rate

Dual Occupancies (Shire Wide)

2,000 2.17 4,340

Medium Density Dwellings (Shire Wide)

2,000 2.17 4,340

Apartment Buildings (Outside Main Centres)

700 1.79 1253

Total dwellings outside Main Centres

4,700 9,933

Shire Wide Total

25,748

Table 5 Dwelling yield and population growth capacity outside main centres

7 Demand for Regional Parks, Sporting Facilities and Active Transport Infrastructure

Regional Parks Sutherland Shire is fortunate to have major foreshore regional parks which provide for a range of recreational opportunities. All foreshore parks experience very high visitation rates due to both their scenic qualities and the investment that has been made to purchase land and embellish the spaces. For example Shire residents have funded extensive works to improve the recreational experience and accommodate growing user demand at the Como Pleasure Grounds, Como; Prince Edward Park, Woronora; Gunnamatta Park, Cronulla and Oak Park, Cronulla. These types of parks are so valued that they are attractive to users regardless of where they live in Sutherland Shire. The scenic quality they offer, and the recreational experience they provide, results in very heavy use of these spaces. Similarly parks providing high quality facilities become regionally attractive. Centenary Park, Miranda is one example where the community has invested in a multifaceted playing environment that attracts users from across the Shire. This legacy comprises approximately 212 hectares of regional parks which equates to approximately 9.24 m2 per person. The value of walking as an exercise activity to maintain health and well being and renew people’s connection with the natural environment cannot be underestimated.

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Walking for exercise is growing in popularity. The 2012 SSC Neighbourhood Interaction & Participation Survey indicated that 93.9% of respondent walked for recreation. Similarly ABS data from the 2014 census shows that walking for exercise was the most popular physical recreational activity, with 19% of people aged 15 years and over walking for exercise at least once in the 12 months prior to interview. Sutherland Shire’s regional parks provide ideal settings which encourage walking as exercise. A growing population will place additional pressure on the Shire’s regional parklands. One approach to meet this demand is to purchase more open space to add to the supply of regional parks.

In preparing this plan the potential of increasing the supply of foreshore parks was investigated but proved to be cost prohibitive. The cost of land in Sutherland Shire is now so high that creating regionally attractive new parks is cost prohibitive. This is particularly the case if land to be acquired is to have high scenic amenity such that it is capable of pulling demand away from existing foreshore parks. If a Section 94 Contribution on new dwellings was based on maintaining supply per head of population, or increasing the supply of foreshore parkland, the resultant contribution would be unreasonable.

Rather than seek to purchase more land, this plan instead aims to fund works that can increase the carrying capacity of the most important regional parks to accommodate the growth in demand that will flow from new development. The works schedule for regional parks consists of individual projects that achieve this end.

The cost of this work is to be borne by new residential development. Given that 61% of residential growth to 2026 is estimated to occur in centre precincts and 39% outside of centre precincts, the cost of the works will be apportioned on this basis - 61% of the cost of the work will be raised from contributions under this plan. The remaining 39% will be generated from development spread throughout Sutherland Shire and is addressed in the 2016 Section 94A Plan.

Sporting Facilities Sutherland Shire residents value organized sport for the strong community spirit it fosters and the health benefits it provides to all age groups. Participation in sport and recreational activities in the Shire is at comparatively high levels. In 2012, the SSC Neighbourhood Interaction & Participation Survey found that 99.2% of the Shire’s population participates in some sort of leisure activity outside the home. The survey indicated that 52% of respondents participated in organised sport and 87.9% participated in non-organised sporting activities. The survey showed that the proportion of respondents who were involved in organised sport has consistently increased from 2003. Due to the nature of organized sport, residents use playing facilities across the region.

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The study also demonstrated that participation in non-organised sporting activities was more common than involvement in organised sporting, with almost 35% more respondents indicating involvement in non-organised sporting activities. All these activities require space and result in strong demand for existing facilities.

Overall Activity Profile 2012 2007 2003 2000 1997 Walking continuously 93.9% 89.3% 91.5% 80.5% 77.7% Vigorous exercise 66.5% 66.8% 63.3% 55.6% 51.9% Organised sporting activities 52% 48.2% 47.1% 25.9% 30.2% Non-organised sporting activities 87.9% 87.35 86.6% 73.7% 73.2% Leisure activities outside home 99.2% 97.0% 98.1% 99.4% 97.6% Source: 2012 NIPS

Table 6 2012 Overall Activity Profile

Involvement in Sport and Leisure Activities

Organised Sport Non-organised sport Leisure 2012 2007 2003 2012 2007 2003 2012 2007 2003 Often % 40.5 35.5 35.6 66.7 64.7 63.8 77.5 76.0 75.3 Sometimes % 8.4 6.6 8.3 16.7 14.9 16.0 14.7 14.7 17.5 Infrequently % 3.1 6.1 3.2 4.6 7.7 6.8 6.3 6.3 5.3 Never % 48.0 58.8 52.7 12.1 12.7 13.2 2.9 2.9 1.5 Total Respondents

526 518 531 526 518 531 518 518 531

Source: 2012 NIPS

Table 7 2012 Involvement in Sport and Leisure Activities

The residents of Sutherland Shire have over many generations made very significant commitments to providing sporting facilities to meet local demand for organised sports. Open space for organised sporting is currently provided in over 119 sporting fields across approximately 70 sites, 3 public golf course, 3 athletics tracks, and Leisure Centres at Sutherland, Engadine and Caringbah. Council also provides approximately 90 netball courts and 55 tennis courts. The total area of these sporting facilities is approximately 472 hectares. In addition, Council also owns and manages 16 public boat facilities and 7 swimming enclosures in the ocean, bays and rivers.

A large range of organised sports are catered for in Sutherland Shire. The table below illustrates the number of registered players in 2014 for the most popular organised sports. In 2015 the most popular team sport is soccer, with 18,891 registered players in 1,561 teams.

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Sport 2014: No. of players Junior Cricketers 1,446 Senior Cricketers 1,334 Total Cricketers 2,780 Junior and Senior Soccer Players 17,420 Junior and Senior Australian Rules Football Players

Australian Rules Football Players 686 Junior and Senior Rugby League 4,788 Junior and Senior Rugby Union 974 Netball 6,226 Source: 2014 State of the Sector Report – Parksbase and SSC 2015 update. Club data

Table 8: 2014 Registered players

It is reasonable to expect that the growth in population to 2026 will have similar demands for open space as the current population. Based on current participation rates in active sports (2012 SSC Neighbourhood Interaction & Participation Survey), the increased population in centres by 2026 will create a need for at least 3 new playing fields. This demand does not include increasing participation in different field uses such as oz-tag and less formal sport training.

Sports Number of New Facilities or Courts Required Based on Local Participation Rates

Outdoor soccer 2.94

Netball (Indoor and outdoor) 0.63

Outdoor cricket 0.62

Australian Rules football 0.08

Hockey (indoor and outdoor) 0.21

Athletics, track and field 0.04

Rugby league 0.33

Softball / Tee ball 0.49

Table 9: Number of playing fields required by 2026

However, the playing fields for most codes are at capacity. A growing population will

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bring additional demand that cannot be accommodated with existing assets. One way to meet the growth in demand for sporting facilities without eroding the service level currently enjoyed by Shire residents is to purchase more land and construct new fields. The current provision of sporting facilities equates to 20.55m2 per person. If development contributions were to fund acquisition and embellishment at this rate, Section 94 contributions for sporting facilities would exceed $20,000 per dwelling. Such a contribution rate would exceed the cap set by the NSW government.

This plan aims to fund works which can increase the increase the availability and capacity of playing fields to accommodate more user hours for organised sport. Where opportunities exist the plan aims to purchase land to increase the number of playing fields. The Works Schedule includes some acquisition of land to create playing fields and projects which will extend the available playing hours on existing playing fields. The cost of this work is to be borne by new residential development. Given that 65% of residential growth to 2026 will occur in centres and 35% outside of centres; consequently 65% of the cost of the work will be raised from contributions under this plan. The remaining 35% will be generated from development spread throughout Sutherland Shire and is addressed in the 2016 Section 94A Plan.

Active Transport Infrastructure Sutherland Shire has been working towards constructing an extensive network of shared and dedicated cycle paths. At present there are 39.63km of off-street cycle paths. This equates to 0.17m of linear off-road bicycle paths per person. There are a further 34.26km of on-road marked cycle lanes which equates to a rate of 0.15m of linear on road bicycle lanes per person.

The forecast development within the Sutherland Shire will generate additional demand for pedestrian paths, shared paths and cycling paths due to the increased number of cyclists and pedestrians. This demand will require the augmentation and extension of existing facilities. Bicycles are more popular in denser urban environments and the future population of the centres can be expected to have greater reliance on bicycles.

The works schedule of this plan includes projects to construct new shared paths which will help link residents to infrastructure, jobs and service, and to maintain the current rate of provision per head. The cost of this work is to be borne by new residential

Sport fields must be level and require large tracts of land. Based on recent average acquisition costs for larger land parcels, acquisition of additional open space at a rate to maintain the current rate of provision, per capita, would necessitate a $28,000 per person contribution, or over $50,000 per residential flat.

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development. Given that 61.5% of residential growth to 2026 will occur in centres and 38.5% outside of centres; 61.5% of the cost of the work will be raised from contributions under this plan. The remaining 38.5% will be generated from development spread throughout Sutherland Shire and is addressed in the 2016 Section 94A Plan.

S94 Contributions for Regional Parks, Sporting Facilities and Active Transport The Works Schedule proposes $72,930,000 of regional recreational works. The formula for the calculation of the contribution rate for regional parks sporting facilities and active transport infrastructure is as follows:

The contribution rate per residential flat is equal to 61.5% of the total cost of projects for regional park, sporting facilities and active transport, (plus an administration cost), divided by the increase in the number of residents in centre precincts (by 2026) multiplied by the average occupancy ratio (1.8).

This equates to a regional contribution per additional dwelling of $5,282.51. 8 Demand for Local Recreation Space & Infrastructure

There are stark contrasts in the existing character and density of the centres covered by this Section 94 Plan. Some centres like Cronulla and Sutherland are currently urban in nature, while others such as Sylvania Southgate are essentially retail services centres with development potential. SSLEP2015 has focused future growth in those centres where increased building height and density can be best accommodated by the existing urban form. The plan also locates future growth where it can assist in the revitalization of a local centre. The table below shows how future growth will be distributed among the centres. Most growth will occur in the large existing centres of Cronulla, Caringbah, Miranda, Sutherland and Kirrawee.

Location Projected Dwelling Increase to 2026

Occupancy Rate Projected Population Increase to 2026

Cronulla 1462 1.79 2617 Caringbah 2013 1.79 3603 Miranda 1459 1.79 2612 Gymea 244 1.79 436 Kirrawee 936 1.79 1675 Sutherland 1434 1.79 2567 Engadine 699 1.79 1252 Jannali 190 1.79 339 Sylvania Southgate 398 1.79 713

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Total 8835 15815

Table 10 Dwelling yield and population growth capacity in centres

The residents of Sutherland Shire value open space. Surveys of residents routinely find that access to parkland and the natural environment are an essential part of the Shire’s sense of place and a key reason why people choose to live in Sutherland Shire. As population densities increase in centres, access to local open space remains an important element of residents’ amenity and quality of life. Residents living in high density flats need access to local open space for day to day activities. Local parks provide space for relaxing, exercise, playing with children and simply enjoying the weather. The centres will experience the greatest population growth - it is important to balance density with opportunities to enjoy open space.

Civic spaces and incidental green spaces play a critical role in providing recreational amenity in centres, particularly as urban density increases. Valuable recreation space can be created though public domain improvements to make streets more attractive for relaxation by providing space for trees and landscaping and accommodating seating areas. Outdoor dining areas also add to the recreational amenity of residents in centres who are more inclined to use cafes as a space for meeting and socialising.

Each centre has a different legacy of open space. Sutherland, for example, has Peace Park which provides a large landscaped civic space. This is supported by several small neighbourhood parks which are spread throughout the high density residential flat zone. This contrasts with Caringbah which does not have a significant centrally located open space. It does, however, have areas of open space at the edges of the precinct, as well as small parks and incidental spaces which provide some amenity.

Cyclists in the Shire have historically been able to safely use quiet streets, laneways and areas shared with pedestrians. This was facilitated by low population densities within the main centres of the Shire. Increasing the residential density of the Shire’s main centres will increase congestion on streets, footpaths and in public spaces. The utility of this infrastructure for cyclists will be decreased. There will be an increased risk of conflicts between cyclists and pedestrians in shared spaces and an increased risk of injury.

The works schedule of this plan includes local works in Caringbah, Sutherland/Kirrawee, Miranda, Cronulla, Jannali, Engadine, Gymea and Sylvania centre precincts. The areas mapped in Figures 1-8 of this plan as “centre precincts” include the centre zoned land and the residential flat zones associated with each centre. The works planned in each centre precinct are based on the opportunities and constraints offered by the particular centres. However, the cost of land and limited opportunities to purchase suitable sites means that the rate of local open space provision per resident will decline over time. Better use of the public domain aims to

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reduce the impact of the increasing residential density in centres. The work schedule also identifies local cycling and shared pedestrian infrastructure to facilitate safer movement of cyclists and pedestrians within centres.

For each centre precinct discussed below, the local contribution rate per residential flat has been calculated by dividing the estimated cost of local works for each of the centre precincts (plus an administration levy) by the estimated number of new residents in that centre precinct (by 2026), multiplied by the average occupancy ratio (1.8).

The works identified in each centre results in a specific contribution rate for local infrastructure for each centre. Summaries of the work schedules and contribution rates are provided below:

Caringbah Centre and Caringbah Medical Precinct Caringbah is forecast to accommodate the largest increase in population of any centre of the Shire with more than 2,013 new high density dwellings by 2026, accommodating 3,603 people. The centre has very little open space, but does have Breen Park (Glenn McGrath Oval) and surrounding open space at the southern edge of the centre. The works schedule aims to address this imbalance by providing a new park Kingsway to meet the local open space needs of new residents in the northern part of the growth precinct. Works are also proposed to better link Breen Park into the centre and enhance its function as a local open space for centre residents. Streetscape improvements are ongoing projects and will deliver incidental spaces for residents throughout the centre. The increase in residents in the precinct necessitates the widening of the road and associated intersection works at the southern side of the signalised intersection of Taren Point Road and The Kingsway. This local road works project is included in the works schedule. The Works Schedule proposes $29,356,400 of local works in Caringbah. The local contribution per residential flat is $14,666. With the addition of the regional contribution the total contribution is $19,948.

Sutherland/ Kirrawee Centre Precinct Sutherland and Kirrawee are two major growth areas located within 1km of each other, both of which have a railway station. Each centre has a different function and provides different services, yet the two centres will become interdependent with the completion of the Kirrawee Brick Pit redevelopment.

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Sutherland benefits from two rail services and more flexible timetabling than Kirrawee. Sutherland also provides many civic and administrative services as well as health care, schools and cafés/restaurants. These attractors will mean that residents in Kirrawee will routinely go to and from Sutherland centre. Kirrawee on the other land will have a large retail shopping complex. This will attract residents of Sutherland centre to Kirrawee. Over time it is expected that the two centres will function as a single place. Given that this plan is based on growth to 2026, the local works schedule has been prepared on the basis that Sutherland and Kirrawee will become a single centre. The Sutherland/Kirrawee Growth Precinct is forecast to have 2,370 new residential flats by 2026. This is a 55% increase in the population of this area. Sutherland is well provided with parks. It has Peace Park as a large central space and this is supported by a number of existing small parks which give residents of the existing residential flats access to local open space. Kirrawee will have a large new central park with the completion of the Brick Pit site and a small local park in Flora Street. This plan seeks to meet the additional demand from the new population by an extension to Peace Park in Sutherland Centre. A new local park in proximity to Sutherland/Kirrawee centre precinct will be funded by local contributions. . The proposed works fall short of maintaining the current rate of provision of open space per resident in the growth precinct. Streetscape improvements are also included in the works schedule to create incidental recreational space to partially compensate for this shortfall. The Works Schedule proposes $34,580,800 of local works in Sutherland / Kirrawee.

The local contribution per residential flat is $14,674. With the addition of the regional contribution, the total contribution is $19,956.

Miranda Centre and Pinnacle Street Precinct Miranda Centre Precinct is forecast to accommodate approximately 1459 new high density dwellings by 2026. This will increase the local population by 2,612 people. The precinct has Seymour Shaw Park as its northern boundary, but has very few local open spaces. A new small park is planned with a partial road closure at the end of University Road. Streetscape improvements are ongoing projects and included in the works schedule. These include improvements to Central Avenue which will deliver incidental landscaped spaces and better integrate Seymour Shaw Park into the centre.

The Works Schedule proposes $20,296,213 of local works in the Miranda Centre Precinct.

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Cronulla Centre Precinct Cronulla Centre Precinct is forecast to accommodate approximately 1,462 new high density dwellings by 2026.Cronulla is well supplied with public open space, most of which is of regional significance. Local facilities will be enhanced to address the increased demand from new residents by improving the functionality of Nerang Road Reserve through the installation of children’s play equipment. Streetscape improvements are ongoing projects that will create incidental open space.

The Works Schedule proposes $21,130,000 of local works in the Cronulla Centre Precinct.

The local contribution per residential flat is $14,533. With the addition of the regional contribution the total contribution is $19,816.

Jannali Centre Precinct

Jannali Centre Precinct is expected to accommodate residential growth of 190 new high density dwellings by 2026. In this precinct a new local park in proximity to the centre will be funded by contributions. In Jannali the public domain will also be upgraded.

The Works Schedule proposes $2,712,600 of local works in the Jannali Centre Precinct.

Engadine Centre Precinct Engadine Centre Precinct is expected to accommodate residential growth of 699 new high density dwellings by 2026. In this precinct a new local park in proximity to the centre will be funded by contributions. In Jannali the public domain will be upgraded.

The Works Schedule proposes $9,800,000 of local works in the Engadine Centre Precinct.

Gymea Centre Precinct Gymea Centre Precinct is expected to accommodate residential growth of 244 new high density dwellings by 2026. In this precinct a new local park in proximity to the centre will be funded by contributions. In Gymea the public domain will be upgraded.

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The Works Schedule proposes $3,400,000 of local works in the Gymea Centre Precinct.

Sylvania Centre Precinct Sylvania (Southgate) is expected to accommodate residential growth of 398 dwellings by 2016. In this precinct a new local park in proximity to the centre will be funded by contributions. In Sylvania Southgate the public domain will be upgraded.

The Works Schedule proposes $5,800,000 of local works in the Sylvania (Southgate) Centre Precinct.

The local contribution per residential flat is $14,622. With the addition of the regional contribution the total contribution is $19,904.

9 Contribution Rates Summary

The following is a summary of the Centres and contribution rates:

Centre Precinct Regional

Contribution/flat Local Contribution/flat

Total Contribution

Caringbah $5,282 $14,666 $19,948

Cronulla $5,282 $14,533 $19,816

Miranda $5,282 $11,919 $19,269

Sutherland/Kirrawee $5,282 $14,674 $19,956

Jannali $5,282 $14,403 $19,686

Engadine $5,282 $14,089 $19,372

Gymea $5,282 $14,037 $19,319

Sylvania $5,282 $14,622 $19,904

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10 Works Schedule Contributions paid to council will be applied towards meeting the cost of provision or augmentation of new public facilities. The plan funds regional and local works as detailed below.

The works schedule sets out:

• the location and description of the public facilities, • the estimated timing for the provision of each facility, and • the estimated total cost of providing each facility,

Regional Works The following Regional works are to be partly funded through section 94 contributions: Area Project

ID Title Project Description Cost

Estimate Scheduled completion

Proportion Funded

All areas PK16 Gym equipment in the Shire

Installation of outdoor gym equipment in existing parks in the Shire.

$ 500,000 17-20 61.5%

Caringbah 152600 Lugano Avenue, Burraneer: wharf upgrade

Replacement of Lugano Wharf

$ 250,000 17-19 61.5%

Caringbah SP1 Solander Sports Field - Modified floodlights and irrigation

Works to improve lighting and drainage of playing fields to increase utility.

$ 700,000 18-21 61.5%

Como 153580 Como Shire Gateway Path

Upgrade path between the end of Cremona Road and the Railway Bridge, Como. The path is an important regional waterfront pedestrian path which connects Sutherland with Oatley via the railway bridge which has heritage significance.

$ 400,000 15-18 61.5%

Como 156060 Scylla Bay sportsfield and seawall upgrade

Improve grounds and facilities of Scylla Bay Reserve to increase utility of playing fields.

$ 2,010,000 20-22 61.5%

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Area Project ID

Title Project Description Cost Estimate

Scheduled completion

Proportion Funded

Cronulla 152310 Hungry Point Reserve, Cronulla walking path DESIGN

Design walking path through Hungry Point Reserve to improve the pedestrian link between Salmon Haul Bay and Darook Park as a continuation of the Esplanade regional walkway.

$ 400,00 17-19 61.5%

Cronulla 152310 Hungry Point Reserve, Cronulla walking path Stage 2

Stage 2: Walking path through Hungry Point Reserve to improve the pedestrian link between Salmon Haul Bay and Darook Park as a continuation of the Esplanade regional walkway.

$ 5,000,000 19-25 61.5%

cronulla 153261 Dunningham Park - Paving, Picnic and Playground Extension -stage 2

Stage 2: Upgrade park with new paving, pathway, picnic tables and playground extension to increase utility.

$ 500,000 17-20 61.5%

Cronulla 153990 Cronulla Esplanade Upgrade (Cronulla Peninsula)

Masterplan to enhance the Esplanade to improve its use and accessibility.

$ 4,100,000 17-25 61.5%

Cronulla 156040 Cycleway North Cronulla to Cronulla Station

Survey and design of the Bate Bay Shared Pathway network between Peryman Plaza and Cronulla Station via the Esplanade and Beach Park Ave.

$ 1,000,000 18-19 61.5%

Cronulla 156050 Cycleway Captain Cook Drive to Wanda Shared Pathway and Elouera Road

Reconstruction of existing shared pathway in accordance with Austroad guidelines. Upgrade Elouera Rd cycle link.

$ 1,000,000 17-19 61.5%

Cronulla 162190 Cronulla South Peninsula Playground

Construct playground on Esplanade and Hungry Point foreshore to increase regional utility.

$ 600,000 18-19 61.5%

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Area Project ID

Proportion Funded

Cronulla 162910 North Cronulla to Cronulla Esplanade Enhancement

Upgrade footpath connections to increase the accessibility to the Esplanade and rockpools.

$ 7,000,000 17-22 61.5%

Cronulla E1 The Esplanade Lighting Upgrade

Review lighting of the Esplanade to increase safety and usage.

$ 5,000,000 17-22 61.5%

Greenhills 155130 Greenhills Stage 3 - Amenities Building

Design and construct support facilities for the new Greenhills recreation area to allow for increased utility.

$ 800,000 19-21 61.5%

Greenhills 155880 Greenhills Public Domain Improvements - Stage 3

Provision of services and lighting in the public domain of the Greenhills sporting facilities in Stage 3. This work will increase the useability of the recreation area for the increased population.

$5,000,000 18-22 61.5%

Kareela PK15 Embellishment of Kareela Recreational Facility, Kareela

Masterplan for works to Kareela Sports Facility land to increase recreational utility of the land. The project includes improvements to land previously occupied by flying fox colony and SSC depot.

$ 6,000,000 22-26 61.5%

Kurnell 140130 Silver Beach Pathway (east/west connection) Stage 2/3

In accordance with the Silver Beach Masterplan, construct a shared path with viewing areas and landscaping along the beach side of Prince Charles Parade, connecting Botany Bay National Park and Bonna Point Reserve.

$ 2,000,000 18-21 61.5%

Kurnell 152300 Kurnell Peninsula Regional Recreational Facilities

Works to provide new recreational facility on the Kurnell peninsula. Bonna Point is a possible site.

$ 2,000,000 17-20 61.5%

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Area Project ID

Proportion Funded

Miranda 150320 Seymour Shaw Park - Upgrade of sporting field to increase usage.

Redevelopment of Seymour Shaw Fields 3 & 4 to create two level, full sized fields. Remodelling of the grass netball area and possible relocation of 6 netball courts to Miranda Park.

$ 1,000,000 18-22 61.5%

Miranda 152920 Yowie Bay Wharf

Reconstruction of Yowie Bay Wharf to encourage increased visitation to Camellia Gardens.

$ 1,000,000 18-19 61.5%

Miranda 162800 Seymour Shaw Field 2 - Lighting Upgrade

Lighting upgrade to Seymour Shaw (Field 2) to increase the utility of the fields for night time use.

$ 120,000 17-18 61.5%

Miranda PK14 Enlargement of Centenary Park, Miranda

Aquisition of land to enlarge Centenary Park, Miranda, to connect the existing park with the Ewey Creek open space corridor and provide more recreation options for the anticipated increased population, including extended walking and running routes.

$ 5,000,000 24-25 61.5%

Miranda PK17 Embellishment of Ewey Creek

Ongoing project to embellish Ewey Creek corridor

$ 1,000,000

Miranda SP3 Regional Netball Facilities

Upgrade regional netball facilities to increase utility.

$ 1,000,00 24-25 61.5%

Oyster Bay SP4 Oyster Bay Oval Sports Field - Irrigation, Drainage and Floodlights

$ 600,000 18-20 61.5%

Sutherland

Proposed extension to Peace Park incorporating 2,4,6,8 Stapleton Ave Park Extension

$ 1,000,000

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Area Project ID

Proportion Funded

Sutherland 140980 Rawson Avenue, cycle / pedestrian and public domain link

Develop concept design for Rawson Avenue upgrade between Princes Highway and Sutherland Centre. The upgrade is to improve connectivity and safety for pedestrians and cyclists between the Sutherland town centre and Sutherland Leisure Centre and sporting fields and encourage greater active transport use in the area.

$500,000 15-19 61.5%

Sutherland/Kirrawee

154290 Waratah Park Sports Complex

Masterplan and staged improvements to the regional sports complex to increase utility

$ 5,000,000 18-20 61.5%

Various SP5 Conversion of tennis courts to multi purpose facilities.

Convert existing tennis courts to multi purpose facilities with all weather use in response to changes in demand.

$1,500,000 18-22 61.5%

Various SP6 Upgrade of sportsfields to improve capacity

Improvements to fields to increase utility.

$ 5,000,000 20-25 61.5%

Various SP7 Cricket Pitch Upgrade Program

Works to upgrade cricket pitches to increase utility.

$ 500,000 16-18 61.5%

Western area

164870 Western area all abilities playground

Works to construct playground to specifically support all abilities. The most likely location is at the Ridge regional recreation area.

$900,000 18-19 61.5%

Woolooware

160650 Shared Cycleway Gannons Road, Woolooware, between Kingsway and Captain Cook Drive

Works to construct shared pathway.

$ 400,000 17-19 61.5%

Woolooware

162870 Jenola Park Playing Fields - improved utlity

Works to existing fields to increase utility.

$ 4,000,000 17-19 61.5%

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Area Project ID

Proportion Funded

Woronora 154050 Woronora River Recreation Areas

Works to develop two recreation areas on the Woronora River. The sites are in spectacular bushland settings. One is accessible by walking track and both are accessible by water. Works will include weed removal, removal of old foreshore infrastructure, creation of new picnic areas, revegetation, new signage and track improvements.

$ 150,000 19-20 61.5%

Total $ 72,930,000

The following local works are to be wholly funded through contributions from the plan:

Area Project ID

Scheduled completion 20’

Proportion Funded

Caringbah 152950 Embellishment of Breen park, Caringbah

This project is to embellish the northernmost section of Breen Park as passive open space, replacing the playing field. The redesigned park is to include an improved entrance and interface of park to Burns Lane and a walking track. The park is to meet the recreation needs of the increased residential population anticipated in the centre.

$550,000 19-22 100%

Caringbah 164360 Road and intersection widening Taren Point Road & Kingsway, Caringbah

Upgrade of intersection and road widening to facilitate traffic from future development of the medical precinct. Rezoning of this precinct under SSLEP2015 will increase residential and worker population of this area.

$2,000,000 18-22 100%

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Area Project ID

Proportion Funded

Caringbah 164570 Willarong Road Precinct Caringbah public domain upgrade

Zone R4 precinct in Willarong Road north of Kingsway: Streetscape upgrade to cater for increased population.

$4,303,200 20-22 100%

Caringbah PD3 Port Hacking Road Caringbah public domain upgrade

Port Hacking Road Caringbah Centre: Streetscape upgrade to cater for increased population.

$3,256,000 20-22 100%

Caringbah PD4 Burns Lane Caringbah public domain upgrade

Burns Lane Caringbah Centre: Streetscape upgrade to cater for increased population.

$1,245,200 20-22 100%

Caringbah PD5 Park Lane Caringbah public domain upgrade

Park Lane Caringbah Centre: Streetscape upgrade to cater for increased population.

$1,452,000 20-22 100%

Caringbah PK6 New Local Park in proximity to Caringbah growth precinct.

Acquire 5 lots to embellish as a local park

$8,500,000 20-25 100%

Caringbah PK9 New local park within Caringbah Centre

Acquisition and embellishment of land as a local park

$8,050,000 20-25 100%

Cronulla PD2 Elouera Road public domain upgrade

Upgrade of the public domainElouera Road to cater for an increased population.

$3,630,000 20-22 100%

Cronulla PK11 Nerang Road, Cronulla park upgrade

Embellishment of park to increase recreational options.

$500,000 24-25 100%

Cronulla PK5 New Local Park in proximity to Cronulla growth precinct.

$17,000,000 20-25 100%

Engadine PK8 New Local Park in proximity to Engadine growth precinct.

$9,800,000 20-25 100%

Gymea PK2 New Local Park in proximity to Gymea growth precinct.

$3,400,000 20-25 100%

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Area Project ID

Proportion Funded

Illawong New 100%

Jannali PD13 White St, Leopold Ln, Roberts St public domain upgrade

Flora Street from Eton Street to Bath Road Kirrawee: Streetscape upgrade to improve the public domain to cater for increased population

$512,600 19-23 100%

Jannali PK1 New Local Park in proximity to Jannali growth precinct.

$2,200,000 20-25 100%

Miranda

164300

Master Plan for the long term development of Seymour Shaw Park $200,000 16-18

Miranda PD18 Open Space Landscaping (Urunga Parade Road Closure) $200,000 18-20

Miranda PD19 Landscaping of the grounds of the Community Centre $250,000 18-20

Miranda 164350 Pinnacle Precinct local park, University Road, Miranda

Construct and embellish a new small park (20m x 50m) at the end of University Road to provide public open space for new residential flat developments.

$400,000 18-22 100%

Miranda 164370 196 Port Hacking Road recreation facilities for the elderly

Install outdoor gym equipment suitable for older people

$300,000 18-19 100%

Miranda PD7 Central Road Stage 1, Miranda public domain upgrade

In Central Road, construct widened footpath, add seats and plant street trees to improve pedestrian amenity. Central Road is important as it connects Seymour Shaw Park and the main pedestrian "fig tree" entrance to Westfield.

$1,311,898 20-22 100%

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Area Project ID

Proportion Funded

Miranda PD8 Central Road Stage 2, Miranda public domain upgrade

In Central Road, construct widened footpath, add seats and plant street trees to improve pedestrian amenity. Central Road is important as it connects Seymour Shaw Park and the main pedestrian "fig tree" entrance to Westfield.

$299,435 20-22 100%

Miranda PD10 Urunga Parade, Higherdale Ave and Miranda Road, Miranda public domain upgrade.

Zone R4 precinct in Urunga Parade, Higherdale Avenue and Miranda Road: Streetscape upgrade to cater for increased population.

$3,451,360 20-22 100%

Miranda PD11 Kiora Road north of Kingsway, Miranda public domain upgrade.

Zone R4 precinct in Kiora Road north of Kingsway: Streetscape upgrade to cater for increased population.

$1,580,480 20-22 100%

Miranda PD12 Pinnacle Street Precinct, Miranda public domain upgrade

Pinnacle Precinct Road Works & Public Domain. Kerb and guttering plus public domain works not covered by the approved projects.

$2,603,040 18-22 100%

Miranda PK18

Embellishment of Darly Street Park $200,000 20-22

Miranda PK7 New Local Park in proximity to Miranda growth precinct.

$9,500,000 20-25 100%

Sutherland/Kirrawee

164290 Flora Street Sutherland public domain upgrade

Flora Street from Eton Street to Bath Road Kirrawee: Streetscape upgrade to improve the public domain to cater for increased population

$13,728,000 19-23 100%

Sutherland/Kirrawee

PD14 Old Princes Highway Sutherland public domain upgrade.

South side Old Princes Highway between Glencoe Street and Eton Street at entrance to centre: Streetscape upgrade to cater for increased population

$1,152,800 24-25 100%

Sutherland/Kirrawee

PD20 Road and intersection widening Oak Rd /Flora /President

Upgrade of intersection and road widening to facilitate traffic from future development.

$1,500,000 17-19 100%

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Area Project ID

Proportion Funded

Sutherland/Kirrawee

PK12 Local Park within Sutherland growth precinct

Acquire approx 2000m2 of land and embellish as park within the precinct

$9,000,000 20-25 100%

Sutherland/Kirrawee

PK4 New Local Park in proximity to Kirrawee growth precinct.

$9,200,000 20-25 100%

Sylvania PK3 New Local Park in proximity to Sylvania growth precinct.

$5,800,000 20-25 100%

Total $127,076,013

Although it is Council's intention that all of the public facilities identified in the schedule will be provided as soon as possible in accordance with timing and priorities indicated, this will depend on the rate at which development occurs within the Shire. The locations of Section 94 Local and Regional projects are shown in Appendix 1.

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11 Plan Preparation and Management

Council is authorised to recoup the reasonable costs of preparing this Plan and costs associated with the ongoing management and administration of the Plan.

This Plan has been specifically prepared to enable Council to ensure that open space and sporting facilities are provided to meet the demands generated by additional residents in high density development in the growth centres. The total cost associated with this category of contributions comprises:

• Staff costs associated with preparing the Plan; and • Ongoing management of the Plan over a ten year period; and • Two five-yearly reviews

This plan has been prepared in conjunction with the Sutherland Shire Section 94A Plan and the two plans will be jointly managed and reviewed. Given that 65% of residential growth to 2026 will occur in centres and 35% outside of centres, the plan preparation and management costs will be apportioned on this basis.

The formula for the calculation of the contribution rate for Plan preparation and management is:

Contribution rate per new resident =

61.5% of the total cost divided by residents in the growth centres (15,815)

=$99 resident

This equates to a contribution per residential flat of $178

12 Administrative Requirements

Methods of payment As per Section 94 of the Environmental Planning and Assessment Act 1979, contributions can be made by a combination of the following methods.

• The payment of contributions; • The dedication of land; • The provision of a material public benefit.

The method of payment will be specified as conditions of development consent. Council may consider the above options at its discretion provided the contribution will achieve the aims of this plan.

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If an applicant for development consent seeks to make a development contribution other than by payment of a levy, the applicant may adopt one of the following procedures:

Offer made to the Council as part of a development application:

The applicant may include in the relevant development application an offer to carry out works, dedicate land, or provide a material public benefit instead of paying a levy provided the work would meet the objectives of this plan. The Council will consider the offer as part of its assessment of the development application. If the Council agrees to the arrangement and grants consent to the application, it will include a condition of consent under section 80A of the Act requiring the works to be carried out or the material public benefit to be provided in-lieu of a condition requiring payment of a contribution under section 94. If the Council does not agree to the alternative arrangement, it may grant consent subject to a condition authorised by this Plan requiring payment of a contribution.

In assessing the applicant’s offer, the Council will have regard to the requirements of the Practice Note issued by the NSW Government in the Revised Development Contributions Manual (DIPNR 2005, with updates 2006) and will consider matters such as, but not limited to, the following:

• Council must be satisfied that the land to be dedicated or the material public benefit provided is of equal or greater value than the monetary contribution that would otherwise be required. The value of works will be assessed and determined by Council. Land is to be dedicated “free of cost”, and all costs associated with the transfer of ownership are to be met by the applicant. Council is under no obligation to accept land dedications which are not considered suitable, and

• In situations where the material public benefits involve works-in-kind, the

Council will only accept such an offer where the works are constructed by the developer to the Council’s standards and then transferred to Council. Council is under no obligation to accept works in kind which are not considered suitable. Works-in-kind should facilitate items which are included in the works schedule.

In considering any such offer, Council will assess the benefits of the works to the Council and the community. Council will give due consideration to the overall costs and benefits, need and timing of the works. If development consent has been granted to the carrying out of development, subject to a condition authorised by this Plan to pay a contribution, the applicant must comply with the condition unless it is modified under section 96 of the Act. If the Council approves the application to modify the condition, the applicant will be bound by the substituted condition

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Offer to enter into a voluntary planning agreement If an applicant does not wish to pay a contribution in connection with the carrying out of development, the applicant may offer to enter into a voluntary planning agreement with Council under s93F of the Act in connection with the making of a development application.

Under a planning agreement, the applicant may offer to pay money, dedicate land, carry out works, or provide other material public benefits for public purposes. Those purposes need not relate to the impacts of the applicant’s development or to the items listed in the Works Schedule.

The applicant’s commitment under a planning agreement may be additional to, or instead of, paying a contribution in accordance with a condition of development consent authorised by this Plan. This will be a matter for negotiation with Council. The offer to enter into a planning agreement together with a copy of the draft agreement should accompany the relevant development application.

Council will publicly notify the draft planning agreement and an explanatory note along with the development application and will consider the agreement as part of its assessment of that application. If Council agrees to enter into the planning agreement, it may impose a condition of development consent under section 93I(3) of the Act requiring the agreement to be entered into and performed. If Council does not agree to enter into the planning agreement, it may grant consent subject to a condition authorised by this Plan requiring the payment of a contribution. Applicants should refer to the Council’s Policy on Planning Agreements.

Timing of Payment The payment of contributions required by a condition of development consent shall be made prior to the issue of the construction certificate for the development. Council may allow deferred or periodic payment of monetary section 94 contributions subject to consideration of a section 96 modification of consent. This application must specify the payment method. The Section 96 application must be made before the payment of the contribution is due. In deciding whether to allow deferred or periodic payment of a monetary s94 contribution, the Council will take into consideration the following matters:

• the reasons provided by the applicant requesting a deferred or periodic payment,

• whether allowing the deferred or periodic payment is likely to prevent the public facility being provided in a timely manner,

• whether the applicant has provided the Council with adequate security in relation to the deferred or periodic payment,

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• any other relevant circumstances of the case. The decision to accept a deferred or periodic payment is at the sole discretion of Council. If Council determines to allow the application, the arrangements relating to the deferred or periodic payment will not take effect until the applicant has entered into a written agreement with Council. If approved, the following condition relating to the deferred or periodic payment will be placed on the amended development consent:

Deferred or periodic payment arrangements shall be made in accordance with a Deed of Agreement, and in accordance with Council requirements, and the provisions of the Plan. The Deed of Agreement must be executed prior to the issue of a Construction Certificate. Full payment of outstanding contributions is required prior to the issue of the Occupation Certificate or within 12 months of the Deed of Agreement, whichever comes first. Note: Interest is payable at the current Council overdraft rate. This arrangement is subject to indexation which is charged on the 1st July each year on the balance outstanding at the time.

Deferred or periodic payment is subject to indexation which is charged on the 1st of July each year on the balance outstanding at the time. Applicants may apply to defer the payment of contributions two ways:

• 12 month deferral - by way of a bank guarantee, or • 12 month periodic payments.

Both methods require full payment within 12 months of the date of issue of the construction certificate or prior to issue of the occupation certificate. These deferral methods are detailed below.

Set Time Period Deferment & Bank Guarantee A set time period deferment requires contributions to be paid within 12 months of the date of issue of the construction certificate or prior to issue of the occupation certificate, whichever comes first. A deferred payment will only be accepted by way of a bank guarantee from an Australian bank for the total or outstanding contribution amount plus interest. A Deed of Agreement entered into by the applicant and Council must be executed prior to the release of the Construction Certificate. The guarantee requires the bank to unconditionally pay the guaranteed sum to Council at the time stipulated in the agreement. All costs incurred in the establishment, operation, administration or discharge of the bank guarantee, are

Page | 41

borne by the applicant. The bank’s obligations are discharged when payment to the Council is made in accordance with the guarantee, or when Council notifies the bank in writing that the guarantee is no longer required, or if the related consent lapses. The formula applied to all bank guarantees for section 94 contributions is as follows:

Bank Guarantee = Amount

C(1+i)n+A

C = section 94 contribution that is due i = interest foregone by Council calculated at the

current overdraft rate (%) n = period of deferral in years A = Council’s current administration charge

Periodic Payment A periodic payment deferment requires contributions to be paid within 12 months of the date of issue of the construction certificate or prior to issue of the occupation certificate, whichever comes first. A Deed of Agreement entered into by the applicant and Council must be executed prior to the release of the Construction Certificate and a payment schedule created and administered by Council. The formula applied to all periodic payments for section 94 contributions is as follows:

Bank Guarantee = Amount

C(1+i)+A 12

C = section 94 contribution that is due i = interest foregone by Council calculated at the

current overdraft rate (%) A = Council’s current administration charge

Indexation of Contributions and Values To ensure that the value of contributions is not eroded over time, the contributions stated in this Plan will be indexed to reflect changes in the cost of facilities. The Section 94 contribution plan rates and outstanding contributions will be indexed on 1 July every year. Council may also index the notional value of an item of works in the works schedule of this plan.

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Levies specified in the Plan will be applied to the extent permitted by prevailing Ministerial Directions relating to contributions thresholds.

The rate used to index the contribution rate and outstanding contributions is the Consumer Price Index (All Groups Index) for Sydney. The formula suggested to review a contribution rate is as follows:

current CPI New Contribution Rate = Current Contribution Rate x Previous year’s

The same basic formula is also used to index outstanding contributions under this plan:

current CPI New Contribution Rate = Current Contribution Rate x Previous year’s

13 Monitoring and Review of the Plan

The plan will be reviewed regularly to ensure its forecasts and costs remain accurate and relevant. This plan will be reviewed at least every 5 years and following the release of census results.

14 Accounting and Management of Funds

Detailed records will be kept for all development contributions collected by Council under this plan. Contributions will be reported annually in Council’s Annual Report (see Note 17). A Development Contributions Register is to be maintained to ensure compliance with Clause 34 of the Environmental Planning and Assessment Regulation 2000.

Funds collected under this plan will be invested to ensure that their real value will be preserved over time. All returns on investments made with development contributions will be returned to development contributions.

This plan expressly authorises S94 contributions paid to be pooled and applied progressively or otherwise for those purposes. The priorities for expenditure are shown in the works schedule.

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Appendix 1: Map 2 S94 Projects West

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2016 Sutherland Shire Section 94A Plan

Contents

1 Part A Contribution Summary .............................................................................. 2

2 Works Schedule ................................................................................................... 3

3 Part B Expected Development and Demand for Public Facilities ...................... 11

4 Application of the Plan ....................................................................................... 13

5 Purpose of the Plan ........................................................................................... 13

6 Where this Plan applies ..................................................................................... 14

7 Types of development to which this plan applies ............................................... 16

8 How much is the levy? ....................................................................................... 17

9 How is the cost of Development to be determined? ........................................... 18

10 Complying development and the obligations of accredited certifiers ................. 19

11 Construction Certificates and the obligations of accredited certifiers ................. 19

12 When is the levy payable to Council? ................................................................ 20

13 Deferral or periodic payment.............................................................................. 20

14 Indexation of Contributions and Values ............................................................. 22

15 Monitoring and Review of the Plan .................................................................... 22

16 Accounting and Management of Funds ............................................................. 23

17 Savings and transitional arrangements .............................................................. 23

Appendix 1 – Standard Condition CDC .................................................................... 24

Appendix 2 - Cost Summary Report ......................................................................... 25

Appendix 3 - Cost Summary Report ......................................................................... 26

Appendix 4- Project Location Maps………………………………………………………27

1 Part A Contribution Summary

The section 94 levies payable under this contributions plan are the maximum rates permitted by direction of the Minister for Planning under section 94E(1)(d) of the EP&A Act. The section 94A Levy will be applied at the following rates:

Development Type

Area Levy

Proposed cost of the development

Maximum percentage of the levy

All development that is not subject to a the 2016 Sutherland Shire Section 94 Contribution Plan prepared under s94 of the Environmental Planning and Assessment Act, 1979

Sutherland Shire

Up to $100,000

$100,001 - $200,000

0.5 percent

More than $200,000

1.0 percent

Note: The 2016 Sutherland Shire Section 94 Contribution Plan applies to any development that creates additional dwellings in the main centres of the Shire (as mapped in the S94 plan), being Sutherland/Kirrawee, Miranda, Caringbah, Cronulla, Engadine, Gymea, Jannali, Woolooware Bay, and Sylvania Southgate Precincts. These centres are expected to experience residential growth in this period. Please refer to the Sutherland Shire Section 94 Contribution Plan 2016 for more details.

2 Works Schedule Levies paid to council will be applied towards meeting the cost of provision or augmentation of new public facilities.

The works schedule sets out:

• the location and description of the public facilities, • the estimated timing for the provision of each facility, and • the estimated total cost of providing each facility.

The following works are to be fully funded through section 94A levies:

Area Project ID

Proportion Funded

Como 153950 Como Pleasure Grounds frontage works

Works to improve road frontage by separating the road and pedestrian/ cyclist paths, including turning circle, drop off area and separated shared path links.

$350,000 16-18 100%

Cronulla 151980 Cronulla CBD Southern Toilet Block, Cronulla

Design of new public toilets to service the southern end of Cronulla CBD Precinct.

$400,000 15-19 100%

Cronulla 156091 Dunningham Park seawall - Construction Works

Works to construct a new seawall at North Cronulla to ensure that the park and walkways can be utilised to their maximum whilst providing utility and attraction to the wall itself. Dunningham Park is a regionally significant tourist destination.

$5,000,000 19-22 100%

Cronulla 156110 Cronulla Plaza public domain upgrade

Streetscape improvements

$2,000,000 22-24 100%

Heathcote

162740 Cassandra Crescent Reserve Playground

Installation of all- abilities swingset, soft fall and edging treatments which allow universal access.

$100,000 17-18 100%

Area Project ID

Proportion Funded

Kirrawee

SW1 Sedimentation Pond - End of Box Road

The project includes construction of a sedimentation pond with a floating litter boom. The pond will proved water pollution control as well as flood management.

$500,000 17-19 100%

Lilli Pilli 162500 Turriel Bay Road Reserve Playground

Works to upgrade existing playground

$125,000 18-19 100%

Miranda 162690 Gpt and Linear wetland at fiveways, Miranda

Engage a consultant to prepare a detailed design of stormwater quality improvement devices adjoining 226 Parraweena Road Miranda.

$500,000 17-18 100%

Miranda

Ewey Creek Embellishment and Flood Mitigation Works

Ewey Creek works in Miranda S94 local projects $1,000,000 20-22

Sutherland/Kirrawee

162210 Kiewa Place Reserve Playground

This project is for the removal of the existing playgrounds, soft fall, edging and associated amenities and the design and installation of a small local playground with concrete edge, playbark softfall, seating and shade structure.

$125,000 17-18 100%

Taren Point

162680 Kumulla Road, Taren Point - GPT

Install gross pollutant trap (GPT) in Kumulla Road.

$700,000 16-18 100%

Taren Point

164330 Drainage Upgrade between Taren point Road and Box Road

Minimise the impact of increasing industrial development in Taren Point by improvement to the drainage.

$1,000,000 22-25 100%

Taren Point

164340 Installation of a wetland sedimentation pond and floating litter boom east of Port Hacking

The project includes design and construction of a wetland, sedimentation pond and floating litter boom east of Port Hacking Road, Miranda.

$500,000 17-20 100%

Area Project ID

Proportion Funded

Taren Point

SW2 Water Quality Improvement at Endeavour Road

installation of water quality improvement devices such as GPT combined with offline sedimentation pond at Endeavour Road to treat stormwater before it reaches Woolooware Bay.

$1,000,000 22-25 100%

Various 164270 New Footpath construction

Program for new footpath construction

$5,000,000 17-27 100%

Various PD15 Public domain improvement from new development

Program for sites where development is occuring to ensure public domain connections are maintained.

$2,000,000 17-27 100%

Various PD17 New Shared path & Cycleways/Upgrade to shared path of existing footpaths

Program for new shared paths & cycleways

$5,000,000 17-27 100%

Various SW3 Flood Mitigation and Water Quality Treatment

Flood Mitigation and Water Quality Treatments at Production Road. The project at this location will include measures such as widening of existing adjoining Production Road between Bay Road and Woolooware Bay and establish saltmarsh plantations

$2,500,000 20-25 100%

Woronora

162700 Prices Circuit Reserve Playground

Works to upgrade existing playground

$125,000 17-18 100%

Yowie Bay

161460 Kalang Lane Reserve - Playspace Upgrade

Upgrade to Kalang Lane playground

$250,000 17-18 100%

SP0130 Shire Life Study

$125,000 16-17

Total $28,300,000

The following Regional works are to be partially funded (38.5%) through this plan and partially funded (61.5%) through the 2016 Section 94 Contribution Plan:

Area Project ID

Proportion Funded

All areas PK16 Gym equipment in the Shire

Installation of outdoor gym equipment in existing parks in the Shire.

$ 500,000 17-20 38.5%

Caringbah 152600 Lugano Avenue, Burraneer: wharf upgrade

Replacement of Lugano Wharf

$ 250,000 17-19 38.5%

Caringbah SP1 Solander Sports Field - Modified floodlights and irrigation

$ 700,000 18-21 38.5%

Como 153580 Como Shire Gateway Path

Upgrade path between the end of Cremona Road and the Railway Bridge, Como. The path is an important regional waterfront pedestrian path which connects Sutherland with Oatley via the railway bridge which has heritage significance.

$ 400,000 15-18 38.5%

Como 156060 Scylla Bay sportsfield and seawall upgrade

$ 2,010,000 20-22 38.5%

Cronulla 152310 Hungry Point Reserve, Cronulla walking path DESIGN

Design walking path through Hungry Point Reserve to improve the pedestrian link between Salmon Haul Bay and Darook Park as a continuation of the Esplanade regional walkway.

$ 400,00 17-19 38.5%

Cronulla 152310 Hungry Point Reserve, Cronulla walking path Stage 2

Stage 2: Walking path through Hungry Point Reserve to improve the pedestrian link between Salmon Haul Bay and Darook Park as a continuation of the Esplanade regional walkway.

$ 5,000,000 19-25 38.5%

Area Project ID

Proportion Funded

cronulla 153261 Dunningham Park - Paving, Picnic and Playground Extension -stage 2

$ 500,000 17-20 38.5%

Cronulla 153990 Cronulla Esplanade Upgrade (Cronulla Peninsula)

$ 4,100,000 17-25 38.5%

Cronulla 156040 Cycleway North Cronulla to Cronulla Station

$ 1,000,000 18-19 38.5%

Cronulla 156050 Cycleway Captain Cook Drive to Wanda Shared Pathway and Elouera Road

$ 1,000,000 17-19 38.5%

Cronulla 162190 Cronulla South Peninsula Playground

Construct playground on Esplanade and Hungry Point foreshore to increase regional utility.

$ 600,000 18-19 38.5%

Cronulla 162910 North Cronulla to Cronulla Esplanade Enhancement

Upgrade footpath connections to increase the accessibility to the Esplanade and rockpools.

$ 7,000,000 17-22 38.5%

Cronulla E1 The Esplanade Lighting Upgrade

Review lighting of the Esplanade to increase safety and usage.

$ 5,000,000 17-22 38.5%

Greenhills 155130 Greenhills Stage 3 - Amenities Building

$ 800,000 19-21 38.5%

Greenhills 155880 Greenhills Public Domain Improvements - Stage 3

Provision of services and lighting in the public domain of the Greenhills sporting facilities in Stage 3. This work will increase the useability of the recreation area for the increased

$5,000,000 18-22 38.5%

Area Project ID

Proportion Funded

population.

Kareela PK15 Embellishment of Kareela Recreational Facility, Kareela

Masterplan for works to Kareela Sports Facility land to increase recreational utility of the land. The project includes improvements to land previously occupied by flying fox colony and SSC depot.

$ 6,000,000 22-26 38.5%

Kurnell 140130 Silver Beach Pathway (east/west connection) Stage 2/3

$ 2,000,000 18-21 38.5%

Kurnell 152300 Kurnell Peninsula Regional Recreational Facilities

$ 2,000,000 17-20 38.5%

Miranda 150320 Seymour Shaw Park - Upgrade of sporting field to increase usage.

Redevelopment of Seymour Shaw Fields 3 & 4 to create two level, full sized fields. Remodelling of the grass netball area and possible relocation of 6 netball courts to Miranda Park.

$ 1,000,000 18-22 38.5%

Miranda 152920 Yowie Bay Wharf

Reconstruction of Yowie Bay Wharf to encourage increased visitation to Camellia Gardens.

$ 1,000,000 18-19 38.5%

Miranda 162800 Seymour Shaw Field 2 - Lighting Upgrade

Lighting upgrade to Seymour Shaw (Field 2) to increase the utility of the fields for night time use.

$ 120,000 17-18 38.5%

Miranda PK14 Enlargement of Centenary Park, Miranda

Aquisition of land to enlarge Centenary Park, Miranda, to connect the existing park with the Ewey Creek open space corridor and provide more recreation options

$ 5,000,000 24-25 38.5%

Area Project ID

Proportion Funded

for the anticipated increased population, including extended walking and running routes.

Miranda PK17 Embellishment of Ewey Creek

Ongoing project to embellish Ewey Creek corridor

$ 1,000,000

Miranda SP3 Regional Netball Facilities

Upgrade regional netball facilities to increase utility.

$ 1,000,00 24-25 38.5%

Oyster Bay SP4 Oyster Bay Oval Sports Field - Irrigation, Drainage and Floodlights

$ 600,000 18-20 38.5%

Sutherland

Proposed extension to Peace Park incorporating 2,4,6,8 Stapleton Ave Park Extension

$ 1,000,000

Sutherland 140980 Rawson Avenue, cycle / pedestrian and public domain link

Develop concept design for Rawson Avenue upgrade between Princes Highway and Sutherland Centre. The upgrade is to improve connectivity and safety for pedestrians and cyclists between the Sutherland town centre and Sutherland Leisure Centre and sporting fields and encourage greater active transport use in the area.

$500,000 15-19 38.5%

Sutherland/Kirrawee

154290 Waratah Park Sports Complex

Masterplan and staged improvements to the regional sports complex to increase utility

$ 5,000,000 18-20 38.5%

Various SP5 Conversion of tennis courts to multi purpose facilities.

Convert existing tennis courts to multi purpose facilities with all weather use in response to changes in demand.

$1,500,000 18-22 38.5%

Area Project ID

Proportion Funded

Various SP6 Upgrade of sportsfields to improve capacity

Improvements to fields to increase utility.

$ 5,000,000 20-25 38.5%

Various SP7 Cricket Pitch Upgrade Program

$ 500,000 16-18 38.5%

Western area

164870 Western area all abilities playground

Works to construct playground to specifically support all abilities. The most likely location is at the Ridge regional recreation area.

$900,000 18-19 38.5%

Woolooware

160650 Shared Cycleway Gannons Road, Woolooware, between Kingsway and Captain Cook Drive

Works to construct shared pathway.

$ 400,000 17-19 38.5%

Woolooware

162870 Jenola Park Playing Fields - improved utlity

Works to existing fields to increase utility.

$ 4,000,000 17-19 38.5%

Woronora 154050 Woronora River Recreation Areas

Works to develop two recreation areas on the Woronora River. The sites are in spectacular bushland settings. One is accessible by walking track and both are accessible by water. Works will include weed removal, removal of old foreshore infrastructure, creation of new picnic areas, revegetation, new signage and track improvements.

$ 150,000 19-20 38.5%

Total $ 72,930,000 n the table will be provided as soon as possible in accordance with timing and priorities indicated, this will depend on

Although it is Council's intention that all of the public facilities identified in the schedule will be provided as soon as possible in accordance with timing and priorities indicated, this will depend on the rate at which development occurs within the Shire.

The locations of Section 94A projects and Section 94 Regional projects are shown in Appendix 4

3 Part B Expected Development and Demand for Public Facilities Parks and quality public spaces encourage investment in business and improve the demand for both residential and commercial property. A key statement in the NSW Government’s Metropolitan Strategy is that there is value to businesses from improved open space. Quality urban environments and access to recreational facilities also benefit surrounding property values. Increased physical activity is important for health and when people are healthy they are motivated and more productive.

The 2015 South Subregional Population Projections (NSW Planning & Environment, 2015) identify population and employment growth of approximately 154,700 across the Canterbury, Hurstville, Kogarah, Rockdale and Sutherland Local Government Areas. This, combined with a demographic shift to smaller households, creates a need for 66,650 additional dwellings across these same local government areas. Specific targets for individual local governments within this subregion will be identified in new Subregional or District Plans which will be released by the NSW Government.

Sutherland Shire Local Environmental Plan 2015 (SSLEP2015) was made in June 2015, with changes to zones and development standards to allow for the development of additional dwellings. Based on the current rate of development and development potential under the SSLEP2015, it is estimated that 13,535 new dwellings will be constructed in the period to 2026. Based on current occupancy ratios, this will create homes for 25,748 new residents. This includes approximately up to 4,700 additional dwellings which will be developed outside of the main centres. The increased population will require increased infrastructure.

Column1

Occupancy Rate

Dual Occupancies (Shire Wide)

2,000 2.17 4,340

Medium Density Dwellings (Shire Wide)

2,000 2.17 4,340

Apartment Buildings (Outside Main Centres)

700 1.79 1253

Total dwellings outside Main Centres

4,700 9,933 (38.5%)

Shire Wide Total

25,748

Table 1 - Dwelling yield and population growth capacity outside main centres

In addition, SSLEP2015 has increased floor space ratios and widened the permissibility of uses in the business and industrial zones. The plan provides for an increase in commercial and industrial floor space which in turn will generate employment in the LGA. The strong population growth expected to continue throughout the Shire will generate increased demand

for local retail and service businesses within existing commercial centres, especially the Sutherland/Kirrawee town centre.

Council has approved a number of new industrial, commercial and retail developments as well as major alterations and additions to existing industrial, commercial and retail premises. The ongoing displacement, within existing industrial zones, of manufacturing and traditional wholesale trade industries with more intensive uses, and increasing employment density (jobs per square metre) such as high technology industries, high value logistics and transport uses and business parks with higher components of office spaces. This trend is expected to continue or accelerate into the future.

In 2014, development applications with an estimated cost of over $445 million were approved, including over $1.7 million in residential flats. By 2015 this value had increased to over $482 million per annum, including over $7 million in residential flats. In the first 6 months of 2016 applications for over $436 million in development have been lodged with Council, including over $99 million in residential flat building development – largely in the centres. It is evident that the volume and value of development has significantly increased.

At present, over half of all current applications are for dwellings (new dwellings, pools, waterfront structures and alterations/additions to existing dwellings). In many instances resultant dwellings are substantially larger and contain more bedrooms than existing dwellings. This trend towards larger dwelling houses, often with more bedrooms, is expected to continue into the future. The substantial expenditure involved in their construction is indicative of the increased affluence of the occupants of the Shire and the better quality of life to which they aspire. It is therefore reasonable to conclude that these occupants would have the same heightened expectations for the overall amenity of the community, reflecting their own enhanced lifestyles and serving to protect the considerable investments they have made in improving their homes. These expectations are likely to be expressed in increased demands for both a greater quantity and better quality of public facilities, including those intended to be funded under this plan.

These future residential and non-residential populations will create a demand for new, enhanced or augmented community infrastructure, including the following forms of infrastructure:

• additional regional open space and recreation facilities and the embellishment of existing open space,

• embellishment of the public domain and urban spaces • improvements to existing civic facilities, such as public amenities buildings, • local roads improvements and the provision of local traffic management facilities, • provision and embellishment of pedestrian and cyclist facilities, and • improvements to the existing stormwater drainage system.

This plan establishes the framework for such developments to contribute towards the provision of these facilities.

4 Application of the Plan This plan is the 2016 Sutherland Shire S94A Development Contribution Plan.

This plan commences on XX 2016.

This plan is intended to supplement the operation of the 2016 Sutherland Shire S94 Contributions Plan applying to the Sutherland Shire, by levying contributions on developments that are not presently required to make contributions under these contributions plans, but which nonetheless are still likely to generate demand for additional public amenities and services.

This plan repeals all pre-existing Section 94A Plans applying within the Sutherland Shire. The repealed plans are:

• Miranda Centre Core Commercial Land S94A Levy Plan (2007) • Land within the Employment Zone S94A Levy Plan (2007) • Land within the Kirrawee Mixed Use - Zone 7 Land (S94A Levy Plan) (2007) • Land within the Menai Centre S94A Levy Plan (2008) • Land within the Cronulla Centre S94A Levy Plan (2008) • Sutherland Centre S94A Levy Plan (2008) • Engadine Centre S94A Levy Plan (2008)

5 Purpose of the Plan The primary purposes of this Contributions Plan are:

(a) To authorise the imposition of a condition on certain development consents and complying development certificates requiring the payment of a contribution pursuant to Section 94A of EP& A Act 1979;

(b) To assist the Council to provide the appropriate public facilities which are required to maintain and enhance amenity and service delivery within the area; and

(c) To publicly identify the purposes for which the levies are required.

This plan authorises:

(a) Council to grant consent to, and (b) Council or an accredited certifier to issue a complying development certificate for,

Development to which this plan applies subject to the imposition of a condition under Section 94A of the EP&A Act requiring payment to Council of a section 94A levy at the rate specified in this plan.

Council’s standard section 94A development consent condition is set out in Appendix 1 of this plan.

This plan is designed to collect developer contributions using the “flat rate levy” model as prescribed by the Environmental Planning and Assessment Act 1979, and Environmental Planning and Assessment Regulations 2000. The levies paid to Council will be put towards meeting the cost of public facilities within the various employment areas across the Shire.

This contributions plan authorises section 94A contributions to be levied towards the provision of the following public amenities and services:

• Open space and recreation facilities • Shared path & Cycleways/Upgrade to shared path of existing footpaths • Sea walls • Flooding, Stormwater and Drainage Facilities • Cronulla Plaza public domain upgrade

Although it is Council's intention that all of the public facilities identified in the Works Schedule will be provided as soon as possible in accordance with timing and priorities indicated, this will depend on the rate at which development occurs within the Council area, which is a matter largely outside the control of Council.

6 Where this Plan applies This plan applies to the Sutherland Shire Local Government Area, as mapped in Figure 1 below.

7 Types of development to which this plan applies This plan applies to all development within the Sutherland Shire where the proposed cost of carrying out the development is more than $100,000 and for which a development application or an application for a complying development certificate is determined on or after the commencement of this plan, other than:

• The types of development subject to the 2016 Sutherland Shire S94 Contributions Plan. The 2016 Sutherland Shire S94 Contributions Plan applies to development creating additional dwellings in the following centre precincts: Sutherland/Kirrawee, Miranda, Caringbah, Cronulla, Engadine, Gymea, Jannali, and Sylvania Southgate, all as mapped in Figures 1-8 of the S94 Plan.

• Development that is exempted from paying the levy by direction of the Minister under section 94E of the EP&A Act. In this regard the levy presently will not apply to development: o for the purpose of disabled access; or o for the sole purpose of providing affordable housing; or o for the purpose of reducing a building’s use of potable water (where

supplied from water mains) or energy; or o for the sole purpose of the adaptive reuse of an item of

environmental heritage; or o that has been the subject of a condition under section 94 under a

previous development consent relating to the subdivision of the land on which the development is to be carried out.

• Applications made under State Environmental Planning Policy (Housing for Seniors or People with a Disability) by a social housing provider as defined by that policy.

• Components of applications for Seniors Housing that include:

• hostel, • residential care facilities, • as defined under State Environmental Planning Policy (Housing

for Seniors or People with a Disability) 2004.

• Secondary Dwellings as defined by SSLEP2015

• Affordable Housing undertaken by a social housing provider as defined by the SEPP (Affordable Rental Housing) 2009.

8 How much is the levy?

The levy will be determined on the basis of the rate as set out in Contributions Summary. The levy will be calculated as follows: Proposed cost of the development Maximum percentage of the levy Up to $100,000 Nil $100,001-$200,000 0.5% More than $200,000 1.0%

Levy payable = %C x $C

Where: %C = is the levy rate applicable $C = is the proposed cost of carrying out the development

social housing provider means any of the following: (a) the New South Wales Land and Housing Corporation, (b) the Department of Housing, (c) a community housing organisation registered with the

Office of Community Housing of the Department of Housing,

(d) the Aboriginal Housing Office, (e) a registered Aboriginal housing organisation within the

meaning of the Aboriginal Housing Act 1998, (f) the Department of Ageing, Disability and Home Care, (g) a local government authority that provides affordable

housing, (h) a not-for-profit organisation that is a direct provider of

rental housing to tenants.

The proposed cost of carrying out the development will be determined in accordance with clause 25J of the EP&A Regulation. The procedures set out in Schedule 1 to this plan must be followed to enable the council to determine the amount of the levy to be paid. The value of the works must be provided by the applicant at the time of the request and must be independently certified by a Quantity Surveyor who is registered with the Australian Institute of Quantity Surveyors or a person who can demonstrate equivalent qualifications. Without limitation to the above, council may review the valuation of works and may seek the services of an independent person to verify the costs. In these cases, all costs associated with obtaining such advice will be at the expense of the applicant and no construction certificate will be issued until such time that the levy has been paid.

9 How is the cost of Development to be determined? Details of the proposed cost of carrying out the development are required to determine the amount of the levy to be paid. To this end, the following report must be submitted by the applicant:

• Where the proposed cost of carrying out the development is less than $1,000,000, a cost summary report prepared and certified by a building industry professional, or

• Where the proposed cost of carrying out the development is $1,000,000 or more, a detailed cost report prepared and certified by a registered quantity surveyor registered with the Australian Institute of Quantity Surveyors or a person who can demonstrate equivalent qualifications.

The cost summary report or quantity surveyor's detailed cost report is to be prepared in the form specified in Appendix 2 and 3 of this plan.

To avoid any doubt, clause 25J of the EP&A Regulation sets out the things that are to be included in the estimation of the proposed cost of carrying out the development by adding up all the costs and expenses that have been or are to be incurred by the applicant in carrying out the development, including the following:

a) if the development involves the erection of a building, or the carrying out of engineering or construction work - the costs of, or incidental to, erecting the building, or carrying out the work, including the costs (if any) of, and incidental to, demolition, excavation and site preparation, decontamination or remediation.

b) if the development involves a change of use of land - the costs of, or incidental to, doing anything necessary to enable the use of the land to be changed,

c) if the development involves the subdivision of land - the costs of, or incidental to, preparing, executing and registering the plan of subdivision and any related covenants, easements or other rights.

Without limitation to the above, Council may review the costs contained in the report and may seek the services of an independent person to verify them. In such a case, all costs associated with obtaining this advice will be at the expense of the applicant, and consent is not to be issued until such time as these costs have been paid.

10 Complying development and the obligations of accredited certifiers

In accordance with section 94EC(1) of the EP&A Act, accredited certifiers must impose a condition on complying development certificates requiring a section 94A levy to be paid in accordance with this contributions plan, unless the certifier is satisfied that development to which the certificate relates is exempted from payment of the levy under this plan or by a direction of the Minister under section 94E of the EP&A Act.

The condition imposed must be consistent with Council's standard section 94A development consent condition (Appendix 1) and be strictly in accordance with this contributions plan. It is the professional responsibility of accredited certifiers to accurately calculate the levy and to apply the section 94A condition correctly.

The certifier must ensure that the applicant provides a receipt(s) confirming that levies have been fully paid and copies of such receipts must be included with copies of the certified plans provided to Council in accordance with clause 142(2) of the EP&A Regulation. Failure to follow this procedure may render such a certificate invalid.

The only exceptions to the requirement are where a works in kind, material public benefit, dedication of land or deferred payment arrangement has been agreed by Council. In such cases, Council will issue a letter confirming that an alternative payment method has been agreed with the applicant.

11 Construction Certificates and the obligations of accredited certifiers

In accordance with clause 146(b) of the EP&A Regulation, a certifying authority must not issue a construction certificate for building work or subdivision work under a development consent unless it has verified that each condition requiring the payment of a section 94A levy has been satisfied.

In particular, the certifier must ensure that the applicant provides receipts confirming that the levy have been fully paid and copies of such receipts must be included with copies of the certified plans provided to Council in accordance

with clause 142(2) of the EP&A Regulation. Failure to follow this procedure may render such a certificate invalid.

12 When is the levy payable to Council? Payment of contributions under this Contributions Plan shall be made at the following times:

• For development involving subdivision: before the release of the subdivision certificate / linen plan;

• For development that involves subdivision and construction – before whichever is the first to occur: the issue of a construction certificate, or the release of the linen plan.

• Development application involving building work: before the time of the

issuing of the construction certificate

• Development applications involving a change of use: before at the commencement of the use or occupation of the premises

• Complying Development Certificates - payment must be made to Council before the commencement of construction or works approved by a the certificate.

13 Deferral or periodic payment Council may allow deferred or periodic payment of monetary section 94 contributions subject to consideration of a section 96 modification of consent, specifying the payment method, made before the time for payment of the contribution. In deciding whether to allow deferred or periodic payment of a monetary s94 contribution, the Council will take into consideration the following matters:

• the reasons provided by the applicant requesting a deferred or periodic payment,

• whether allowing the deferred or periodic payment is likely to prevent the public facility being provided to meet the demands of development in a timely manner,

• whether the applicant has provided the Council with adequate security in relation to the deferred or periodic payment,

• any other relevant circumstances of the case. The decision to accept a deferred or periodic payment is at the sole discretion of Council. Prior to a periodic payment being accepted, discussions must be held with Council’s section 94 planner/administrator. If the Council determines to allow the application, the arrangements relating to the deferred or periodic payment will not take effect until the applicant has

entered into a written agreement with the Council reflecting the terms of the Council’s approval. If approved, a condition relating to the deferred or periodic payment will be placed on the subject amended development consent. Deferred or periodic payment is subject to indexation which is charged on the 1st of July each year on the balance outstanding at the time. Applicants may apply to pay contributions through periodic payments or defer the payment for a set period by way of a bank guarantee as detailed below.

If Council allows and application for deferred or periodic payment, an amended condition of consent will be placed on the Development Consent:

Payment shall be made in accordance with a Deed of Agreement, in accordance with Council requirements and the provisions of the Plan. The Deed of Agreement must be executed prior to the issue of a Construction Certificate. Full payment of outstanding contributions is required prior to the release of the Strata Plan or Occupation Certificate or within 12 months of the Deed of Agreement, whichever comes first. Note: Interest is payable at the current Council overdraft rate. This arrangement is subject to indexation which is charged on the 1st July each year on the balance outstanding at the time.

a. Set Time Period Deferment & Bank Guarantee

A set time period deferment requires contributions to be paid within 12 months of the date of issue of the construction certificate or prior to issue of the occupation certificate, whichever comes first. A deferred payment will only be accepted by way of a bank guarantee from an Australian bank for the total or outstanding contribution amount plus interest. A Deed of Agreement entered into by the applicant and Council must be executed prior to the release of the Construction Certificate. The guarantee requires the bank to unconditionally pay the guaranteed sum to Council at the time stipulated in the agreement. All costs incurred in the establishment, operation, administration or discharge of the bank guarantee, are borne by the applicant. The bank’s obligations are discharged when payment to the Council is made in accordance with the guarantee, or when Council notifies the bank in writing that the guarantee is no longer required, or if the related consent lapses. The formula applied to all bank guarantees for section 94 contributions is as follows:

Bank Guarantee Amount = C(1+i)n+A C = Section 94 contribution that is due i = interest foregone by Council calculated at the current overdraft rate (%)

n = period of deferral in years A = Council’s current administration charge

b. Periodic Payment

A periodic payment deferment requires contributions to be paid within 12 months of the date of issue of the construction certificate or prior to issue of the occupation certificate, whichever comes first. A Deed of Agreement entered into by the applicant and Council must be executed prior to the release of the Construction Certificate and a payment schedule created and administered by Council.

The formula applied to all periodic payments for section 94 contributions is as follows:

Monthly Payment Amount = (12 months)

C(1+i)+A 12

C = section 94 contribution that is due i = interest foregone by Council calculated at the current overdraft rate (%) A = Council’s current administration charge

14 Indexation of Contributions and Values To ensure that any section 94A levies required as a condition of consent under the provisions of this plan accurately reflect the actual cost of the proposed development at the time of construction, outstanding levies will be adjusted at the time of payment on the first of July each year in accordance with the following formula: The rate used to index the contribution rate and outstanding contributions is the Consumer Price Index (All Groups Index) for Sydney. The formula suggested to review a contribution is as follows:

current CPI Adjusted Contribution = Current Contribution x Previous year’s

CPI The adjusted levy is the amount of the levy due at time of payment.

15 Monitoring and Review of the Plan The Plan caters for a planning period to 2026. The plan will be reviewed regularly to ensure its forecasts and costs remain accurate and relevant. This plan will be reviewed at least every 5 years and following the release of census results.

16 Accounting and Management of Funds Detailed records will be kept for all development contributions collected by Council under this plan. Contributions will be reported annually. A Development Contributions Register is to be maintained to ensure compliance with Clause 34 of the Environmental Planning and Assessment Regulation 2000.

This plan expressly authorises S94 contributions paid to be pooled and applied progressively or otherwise for those purposes. The priorities for expenditure are shown in the works schedule.

17 Savings and transitional arrangements The contributions plan came into force on xx 2016. A development application or an application for a complying development certificate that has been made prior to the commencement of this plan but not determined will be determined in accordance with the provisions of the plan/s applied at the date of determination of the application.

Appendix 1 – Standard Condition CDC

Standard Section 94A development consent condition for complying development

In accordance with section 94EC(1) of the Environmental Planning and Assessment Act 1979 and Section 10 of this plan, accredited certifiers must impose the following condition on complying development certificates where a contribution is required in accordance with this plan:

Pursuant to section 94EC of the Environmental Planning and Assessment Act 1979, and Council’s Section 94A Contribution Plan a contribution of $x (1) must be paid to Sutherland Shire Council towards the cost of works as outlined in the contribution plan. The amount to be paid is to be adjusted at the time of the actual payment, in accordance with the provisions of the Section 94A Development Contributions Plan. The amount payable of monetary s.94 contributions will be indexed on 1 July each year in accordance with the Contribution Plan and the following formula:

Current CPI New Contribution Rate = Current Contribution x ___________ Previous year’s CPI

Payment must be made to Council before the commencement of construction or works approved by the Complying Development Certificate.

The Contributions Plan may be inspected or a copy purchased at the Customer Service Counter in Council’s Administration Centre, 4-20 Eton Street, Sutherland during office hours.

Notes: (1) Insert the total amount of contributions using the calculation methodology outlined in this plan

Appendix 2 - Cost Summary Report DEVELOPMENT APPLICATION No. DATE: CONSTRUCTION CERTIFICATE No. APPLICANT’S NAME: APPLICANT’S ADDRESS: DEVELOPMENT NAME: DEVELOPMENT ADDRESS:

ANALYSIS OF DEVELOPMENT COSTS:

Demolition and alterations

$ Hydraulic services $

Structure $ Mechanical services $ External walls, windows

and doors $ Fire services $

Internal walls, screens and doors

$ Lift services $

Wall finishes $ External works $ Floor finishes $ External services $

Ceiling finishes $ Other related work $ Fittings and equipment $ Sub-total $

Sub-total above carried

forward $

Preliminaries and margin $ Sub-total $

Consultant Fees $ Other related development

costs $

Sub-total $ Goods and Services Tax $ TOTAL DEVELOPMENT

COST $

I certify that I have: inspected the plans the subject of the application for development consent or construction certificate. • calculated the development costs in accordance with the definition of

development costs in clause 25J of the Environmental Planning and Assessment Regulation 2000 at current prices.

• included GST in the calculation of development cost.

Signed: Name:

Position and Qualifications:

Appendix 3 - Cost Summary Report Registered* Quantity Surveyor’s Detailed Cost Report

Development Cost in excess of $1,000,000.00 *A member of the Australian Institute of Quantity Surveyors

DEVELOPMENT APPLICATION No. DATE: CONSTRUCTION CERTIFICATE No. APPLICANT’S NAME: APPLICANT’S ADDRESS: DEVELOPMENT NAME: DEVELOPMENT ADDRESS: DEVELOPMENT DETAILS:

Gross Floor Area –

Commercial m2 Gross Floor Area – Other m2

Gross Floor Area – Residential m2 Total Gross Floor Area m2

Gross Floor Area – Retail m2 Total Site Area m2

Gross Floor Area – Car Parking m2 Total Car Parking Spaces

Total Development Cost $

Total Construction Cost $

Total GST $

ESTIMATE DETAILS:

Professional Fees $ Excavation $

% of Development Cost % Cost per square metre of site area

% of Construction Cost % Car Park $

Demolition and Site Preparation

$ Cost per square metre of site area

Cost per square metre of site area

Cost per space $

/space

Construction – Commercial

$ Fit-out – Commercial $

Cost per square metre of site area

Cost per m2 of commercial area

Construction – Residential

$ Fit-out – Residential $

Cost per square metre of residential area

Cost per m2 of residential area

Construction – Retail $ Fit-out – Retail $

Cost per square metre of retail area

Cost per m2 of retail area $ /m2

I certify that I have:

• inspected the plans the subject of the application for development consent or construction certificate.

• prepared and attached an elemental estimate generally prepared in accordance with the Australian Cost Management Manuals from the Australian Institute of Quantity Surveyors.

• calculated the development costs in accordance with the definition of development costs in the S94A Development Contributions Plan of the council of [insert] at current prices.

• included GST in the calculation of development cost. • measured gross floor areas in accordance with the Method of

Measurement of Building Area in the AIQS Cost Management Manual Volume 1, Appendix A2.

Signed: ____________________________________

Name: ____________________________________

Position and Qualifications: ____________________________________

Date: ____________________________________

Appendix 4- Map 2: S94A and S94 Regional Projects West

Strategy for Finalisation of current S94 and s94A Plans

What are the Current Plans?

Sutherland Shire Council currently has five traditional Section 94 plans and seven Section 94A plans. These are identified below.

Section 94 Plans (Traditional) Section 94A Plans • 2005 Shire-Wide Open Space and Recreation

Facilities• 2003 Community Facilities Plan• Caringbah Centre Contribution Plan 1997• Miranda Open Space Embellishment Plan• Sutherland Centre Contribution Plan

• Cronulla Centre S94A Levy Plan 2007• Employment Land s94A Plan 2007• Engadine Centre Section 94A Levy Plan 2008• Kirrawee Mixed Use S94A 2007• Menai Centre S94A Levy Plan 2008• Miranda Centre Core Commercial Land 2007• Sutherland Centre S94A Plan 2006

A traditional Section 94 plan levies for development based on the demand created, which is calculated on the number of new dwellings constructed. A Section 94A plan levies for development as a set percentage of the cost of development.

What are the proposed new plans?

It is proposed that Council only has one traditional Section 94 Plan and one Section 94A plan, which will operate for a ten year period from 2016-2026.

The traditional Section 94 Plan 2016 will impose an open space levy on new dwellings in the precincts where the greatest population growth is anticipated. The main growth precincts are the centre and high density residential flat zones where development of residential flats could occur, with a corresponding increase in residents. The following precincts have been identified: Sutherland/ Kirrawee, Miranda, Caringbah, Cronulla, Engadine, Gymea, Jannali, and Sylvania Southgate.

This levy will be the sum of three components:

• A regional levy for regional open space (parks), sporting facilities and active transport(footpaths and cycle ways) with regional importance, plus

• A local levy for local works (open space improvements and intersection widening) in thegrowth precincts, plus

• A levy for the administrative costs associated with the plan.

The Section 94A Plan 2016 will impose a levy on all other development with value over $100,000, in all areas of the Sutherland Shire. The projects to be funded under this plan are varied in type and will be distributed across the Sutherland Shire.

What happens to projects and funds in the existing plans?

Some projects in the existing plans have been completed. Some plans have projects which have not yet been completed. Each plan has some remaining funds. Funds will continue to be collected under the existing funds from developments for which conditions of consent require S94 contributions under the existing plans. A snapshot of the funds held in trust under each plan is provided below.

Plan Current Funds (as at 23.5.2016)

2005 Shire Wide Open Space Plan $ 24,646,305 (includes asset investment

property of $5 mil) 2003 Community Facilities Plan $ 2,157,750 Caringbah Centre Contribution Plan 1997 $ 431,953 Miranda Centre Open Space Embellishment Plan $ 0 Sutherland Centre Contribution Plan $ 203,785 Cronulla Centre Levy Plan $ 21,180 Employment Lands Levy Plan $ 1,291,438 Engadine Centre Levy Plan $ 26,795 Kirrawee Mixed Use Levy Plan $ 60,606 Menai Centre Levy Plan $ 275,698 Miranda Centre Core Commercial Lands Levy Plan $ 3,036,750 Sutherland Centre Levy Plan $ 10,969

The projects and funds under each plan will be transitioned in a range of ways: • Identified land acquisitions and the associated funds will continue to be funded from the funds

collected by the 2005 Shire-Wide Open Space and Recreation Facilities Plan. Embellishment of some of these regional spaces will be transferred to the Section 94 Plan 2016 as regional projects. The projects will be acquired as requested by land owners or as they come onto the market.

• In some cases, there will be sufficient funds in the existing plans to complete identified project. • In some cases, projects identified but not yet completed will be transferred (with the

accompanying funds) into the new Section 94 Plan 2016 as a regional open space project. • In some cases, projects listed in the Section 94 plans can be transferred (with the accompanying

funds) to the new Section 94 Plan 2016 as a specific local works project in one of the growth precincts.

• Some projects listed in the Section 94 plans do not meet the nexus test of the new Section 94 plan. These projects will either be listed as projects under the Section 94A 2016 plan, or will not be pursued.

• Remaining funds and projects listed in the Section 94A plans will be carried across to the new Section 94A 2016 plan.

Specific details relating to each of the current plans are provided below.

2003 Community Facilities Plan

• All projects on the works schedule have been completed. • Remaining funds collected under this plan are committed to the following projects of

regional significance: o Hazelhurst Regional Gallery and Art Centre Expansion o Sutherland Library Upgrade

2005 Shire Wide Open Space Plan

• Identified land acquisitions and the associated funds will continue to be funded from the funds collected by the 2005 Shire-Wide Open Space and Recreation Facilities Plan. Properties will be provided as they come on to the market or at the request of the land owner.

• Projects to which Council has committed resources for implementation in the short-term will be completed under the 2005 Shire Wide Open Space Plan utilising funds already collected and additional funds anticipated to be collected.

• Projects which have been identified, but to which no resources have yet been committed, will be transferred to the Section 94 Plan 2016 – Regional Parks, Sporting Facilities and Active Transport as these are projects with regional significance.

• Any revenue in excess of the funds required to complete committed projects will be transferred to the Section 94 Plan 2016 to fund projects of regional significance.

• 9 projects on the works schedule have been completed. • 9 projects on the works schedule will not proceed.

2005 Shire Wide Open Space Plan Section 94 Plan 2016

2005 Shire Wide Open Space Plan Current funds

Acquisitions $12.3 million

$25 million Committed Projects $12.7 million

Regional Parks, Sporting Facilities and Active Transport

Potential Additional Revenue

Committed Projects $5.9 million

Local works in Growth Precincts

$28 million Any additional revenue received to identified and future works

Details relating to the specific projects on the 2005 Shire Wide Open Space Plan Works Schedule are provided overleaf.

2005 Shire Wide Open Space and Recreation Facilities Contribution Plan - Acquisitions – to be carried forward

Property Address Land Proposed to be Acquired

EWEY CREEK 49 Wandella Road, MIRANDA Lot 11 DP26393 154 Karimbla Road, MIRANDA Part Lot A DP371833 156 Karimbla Road, MIRANDA Part Lot F DP390085 158 Karimbla Road, MIRANDA Part Lot E DP390085 170 Karimbla Road, MIRANDA Part Lot 4 DP21073 1 Gosby Avenue, MIRANDA Part Lot 29 DP26569 4 Gosby Avenue, MIRANDA Part Lot 27 DP26569 3 Kalmia Place, MIRANDA Part Lot 4 DP 220243 1 Barkduk Avenue, MIRANDA Part Lot 39 DP 27093 CARINA AND CORONATION BAY - OYSTER BAY 47 Caravan Head Road, OYSTER BAY Part Lot E DP396262 22 Farrer Place, OYSTER BAY Part Lot 111 DP735532 24 Farrer Place, OYSTER BAY Part Lot 91 DP777227 83-85 Caravan Head Road, OYSTER BAY Part Lot 1 DP383135 91 Caravan Head Road, OYSTER BAY Part Lot 2 DP394387 95-97 Caravan Head Road, OYSTER BAY Part Lot 1 DP394387 109-111 Caravan Head Road, OYSTER BAY Part Lot 432 DP 855460 41 Riverview Road, OYSTER BAY Part Lot 91 DP14716 73 Riverview Road, OYSTER BAY Part Lot 75 DP14716 WORONORA CRESCENT COMO 149 Woronora Crescent, COMO Part Lot A DP444666 151A Woronora Crescent, COMO Part Lot 5 DP230532 COMO ROAD OYSTER BAY 50 Como Road, OYSTER BAY Part Lot 1 DP579367 56 Como Road, OYSTER BAY Part Lot 472 DP1026839 96 Como Road, OYSTER BAY Lot 1 DP515144 100 Como Road, OYSTER BAY Lot 1 DP617854 1154 Old Princes Highway, ENGADINE Lot 3 DP208312 1150 Old Princes Highway, ENGADINE Lot 1 DP208312

34A Prince Edward Park Rd, WORONORA Lot 10 DP 214761 142 North West Arm Road, GRAYS POINT Lot 9 DP204968 1A Atkinson Road, TAREN POINT Lot 1 DP551751 THE ESPLANADE SYLVANIA 8/1R The Esplanade, SYLVANIA Lot 121 Sec B DP12157 7/1R The Esplanade, SYLVANIA Lot 7 Sec B DP12157 67/1R The Esplanade, SYLVANIA Lot 189 Sec B DP12157 141/1R The Esplanade, SYLVANIA Lot 175 Sec B DP12157 128/1R The Esplanade, SYLVANIA Lot 176 Sec B DP12157

Total $12.3 mil

2005 Shire Wide Open Space and Recreation Facilities Contribution Plan Works Schedule Projects

Notes Project ID Project Name Project Description

Scheduled Completion Funds

Committed Project

150280 Gymea Community Centre Playground

Install playground equipment to increase utility of reserve.

$50,000

Committed Project

152280 Silver Beach -westend carpark

Construct the first stage of the Silver Beach Walking Path to improve pedestrian connectivity.

15/16 $100,000

Committed Project

153260 Dunningham Park - Paving, Picnic and Playground Extension

Stage 1: Upgrade playground with new swing set to improve utility.

$50,000

Committed Project

155230 Scylla Bay Como improvements

15/16 $135,000

Committed Project

155850 Greenhills Skate Park Lighting Install lighting to increase utility. 15/16 $85,000

Committed Project

156090 Dunningham Park seawall - Investigation & Design

In accordance with the Dunningham Park and Seawall Masterplan, commence implementation of works.

$200,000

Committed Project

152190 Scylla Bay boat ramp wharf and carpark upgrade

Upgrade wharf, boat ramp and car park to increase utility of reserve.

15-17 $900,000

Committed Project

152230 Tonkin Oval boat ramp and wharf upgrade

In accordance with Head of Gunnamatta Bay Masterplan, upgrade Tonkin Oval boat ramp and wharf.

$750,000

Committed Project

152250 Joseph Banks Native Reserve

In accordance with the Joseph Banks Native Reserve Masterplan, upgrade picnic areas and pond to improve utility of the reserve.

$800,000

Committed Project

152530 Como Heritage Environment Trail - CHET

Works to embellish and add signage to the Como Heritage Environment trail

15-17 $276,000

Committed Project

154840 Cricket Wicket Program

Works to increase recreational utility of reserve. 15-17 $90,000

Committed Project

155860 Greenhills Public Domain Improvements - Stage 1

Install services and lighting in the public domain of the Greenhills sporting facilities in Stage 1, to increase utility of the recreation area.

$100,000

Committed Project

GH0002 Greenhills Hockey Field Construction Stage 1B

Design and construction of two synthetic hockey fields with ancillary services as a regional playing field facility.

$2,500,000

Committed Project

GH0003 Greenhills Hockey Amenities Building Stage 1B

Design and construction of the amenities building to service the new hockey fields, which will increase utility of fields.

$750,000

Committed Project

PE0064 Roger Summers Playground Stage II - Bundeena

Construct elevated footpath and landscaping of Roger Summers Reserve to improve utility of reserve.

$925,000

Committed Project

140130 Silver Beach Masterplan Pathway (east/west connection) Stage 1

$1,000,000

Committed Project

140320 Grays Point Reserve Improvements to the existing carpark and installation of a new raised boardwalk to improve utility of reserve.

$300,000

Committed Project 140980

Rawson Avenue, Sutherland On Road Cycle Lane

Works to improve connectivity between Sutherland centre and playing fields.

15-18 $1,000,000

Committed Project

151220 Old Ferry Road Reserve

Construct new car park, picnic area, kayak launching facility and boat pick-up and drop-off point, to increase utility of reserve.

$250,000

Committed Project

153940 Como Pleasure Grounds lower path connection

Construct a walking connection from the foreshore to the existing paths.

15-18 $350,000

Committed Project

150063 The Ridge LED Lighting Installation

Install LED lighting in carparks to increase utility of reserve. 15-21 $815,000

Committed Project

150070 Cooper Street Reserve, Engadine: Car park upgrade

Improve the existing carpark to increase utility of reserve.

16/17 $205,000

Committed Project

155120 Greenhills Stage 2 - Maintenance shed

Construction of support facilties for new playing fields, which will increase utility of fields.

16/17 $400,000

Committed Project

PK0162 Como Pool Path Construct a walking connection around the Como Pool and baths.

16/17 $550,000

Committed Project

Pt0140 Don Lucas Reserve Construct landscaping and drainage in association with new toilet facilities.

16/17 $100,000

Committed Project

PK0121 Camellia Gardens upper play space

Design and construct upper playground area and improvements to tea house entry.

16/18 $350,000

Committed Project

140960 Cycleway Woolooware Bay Stage 6

Design Woolooware Bay shared pathway Stage 6: Woolooware Shores to Mangrove Lane.

16-18 $2,000,000

Committed Project

153970 Gunnamatta Park main entry upgrade

In accordance with Gunnamatta Park Masterplan, upgrade the main entry with new landscaping, seating, signage and boom gate.

$900,000

Committed Project

150120 Veno Street Reserve - Playground Upgrade & Expansion

Install additional playground equipment to increase utility of reserve.

$30,000

Committed Project

150130 Narnia Park Playground

Install additional playground equipment to increase utility of reserve.

17/18 $100,000

Committed Project

155870 Greenhills Public Domain Improvements - Stage 2

Install services and lighting in the public domain of the Greenhills sporting facilities in Stage 2, to increase the utility of the recreation area.

$1,000,000

Committed Project

156020 Slessor Place Playground

Upgrade playground with concrete edges, playbark soft fall, seating and shade structure to increase utility.

$150,000

Committed Project

150140 Blaxland Drive Reserve Playground, Illawong

Upgrade of playground to allow access for people with a disability. 18/19

$100,000

Committed Project

152980 Mansion Point Reserve playground

Upgrade Mansion Point Reserve with an increased range of play equipment, concrete edging, playbark soft fall, seating and shade structure to increase utility of reserve.

$130,000

Committed Project

GH0010 Greenhills Voluntary Planning Agreement Management

Works to embellish ten playing fields and skate park provided through Voluntary Planning Agreement (VPA).

ongoing

$1,200,000

Total $18,641,000

Transfer as Regional Project

Cricket Pitch Upgrade Program

16-18 $500,000

Cycleway Captain Cook Drive to Wanda Shared Pathway and Eloura Road

$1,000,000

Dunningham Park - Paving, Picnic and Playground Extension -stage 2

$500,000

Kurnell Peninsula Regional Recreational Facilities

$2,000,000

Enhancing the Esplanade - Esplanade Masterplan

$4,100,000

Cycleway North Cronulla to Cronulla Station

$1,000,000

Silver Beach Pathway (east/west connection) Stage 2/3

In accordance with the Silver Beach Masterplan, construct a shared path with viewing areas and landscaping along the beach side of Prince Charles Parade, connecting Botany Bay National

$2,000,000

Park and Bonna Point Reserve.

Greenhills Public Domain Improvements - Stage 3

Provision of services and lighting in the public domain of the Greenhills sporting facilities in Stage 3. This work will increase the useability of the recreation area for the increased population.

$5,000,000

Greenhills Stage 3 - Amenities Building

$800,000

Scylla Bay sportsfield and seawall upgrade

In accordance with Scylla Bay Masterplan, undertake works to raise fields to minimise flooding at high tides to increase utility of sporting fields.

$2,010,000

Total $18,910,000

Transfer as S94a

Project

153950 Como Pleasure Grounds frontage works

Works to improve road frontage by separating the road and pedestrian/ cyclist paths, including turning circle, drop off area and separated shared path links.

$350,000

Transfer as S94a

Project

156091 Dunningham Park seawall - Construction Works

Works to construct a new seawall at North Cronulla to ensure that the park and walkways can be utilised to their maximum whilst providing utility and attraction to the wall itself. Dunningham Park is a regionally significant tourist destination.

$5,000,000

Total $5,350,000

Completed Pt0140 Don Lucas Reserve Toilet Facilities

Completed 140961 Atkinson Road Shared Path

Completed SP0131

Kareela Oval Establishment of Sporting Fields

Completed PK0187

Don Lucas Reserve Shade Areas and Paths

Completed PK0175 Mill creek Conservation Park

Completed 140140

Albert Delardes Stage 2 - foreshore works

Completed pk0152

Woronora Heights Recreational Facility Upgrade

Completed 150100 Forum Drive

Completed 150110 Konrads Place Reserve, Menai

Not continuing 152290

Carol Avenue Reserve, Jannali West

Leisure Centre Upgrades

Como Pleasure Grounds Knoll Upgrade

Not continuing

151240

Sylvania High School Flood Lights and Amenities Building

continuing SP0130 Sports Strategy Not

continuing PK0167 Cronulla Lighting Upgrades

Perryman Place Public Domain Upgrade, Cronulla

Oak Park Pavilion, Cronulla

Prince Edward Park, Woronora

Centre Plans to be combined in the Section 94 Plan 2016

• Projects and funds from these plans will generally be transferred to the Section 94 Plan 2016 as local works for the specific growth precincts where the projects are located.

Centre Plans Section 94 Plan 2016

Regional Parks, Sporting Facilities and Active

Transport

Local works in Caringbah Growth Precinct

Local works in Sutherland/Kirrawee

Growth Precinct

Local works in Miranda Growth Precinct

Local works in Cronulla Growth Precinct

Local works in Engadine Growth Precinct

Caringbah Centre Contribution Plan 1997

• Works in the Works Schedule have been completed - Caringbah Centre Upgrade/Public Domain improvements.

• Remaining funds to be transferred to the Section 94 2016 plan to fund local works in the Caringbah Growth Precinct. More public domain improvements are to be carried out under this plan.

Sutherland Centre Contribution Plan

• Three projects on the schedule have been completed: Public domain improvements, footpath widening and landscaping at the intersection of Old Princes Highway and Eton Street.

• One project (extension of Peace Park) is to be transferred to the Section 94 Plan - Regional Parks, Sports Facilities and Active Transport.

• The other 4 projects on the works schedule are not proceeding.

Engadine Centre Levy Plan

$26,795

• Remaining funds are to be transferred to the Section 94 2016 plan to fund local works in the Sutherland/Kirrawee Growth Precinct.

Sutherland Centre Levy Plan

• Works in the Works Schedule have been undertaken – Embellishment of public open space, footpaths and street plantings.

• Remaining funds to be transferred to the Section 94 2016 plan to fund local works in the Sutherland/Kirrawee Growth Precinct.

Kirrawee Mixed Use Levy Plan

• The project in the Works Schedule – Open Space masterplan embellishment and funds in the plan are to be transferred to the Section 94 2016 plan to fund local works in the Sutherland/Kirrawee Growth Precinct.

Miranda Centre Core Commercial Lands Section 94A Plan

• Acquisition of properties along, and embellishment of Ewey Creek to be transferred to Section 94 Plan 2016 – Regional Parks, Sports Facilities and Active Transport as a regional project.

• Flood Mitigation Works along Ewey Creek is transferred to the Section 94A Plan 2016. • 2 projects included in the work schedule will not proceed. • Funds are committed to continuing Public Improvement works along the Kingsway under this

plan. • Remaining projects on the work schedule and associated funds are to be transferred to the

Section 94 2016 plan to fund local works in the Miranda Growth Precinct.

Miranda Centre Open Space Embellishment Plan

• Embellishment of Ewey Creek is to be transferred to Section 94 Plan 2016 – Regional Parks, Sports Facilities and Active Transport as a regional project.

• Remaining projects on the work schedule are to be transferred to the Section 94 2016 plan to fund local works in the Miranda Growth Precinct.

• There are no funds in the plan to transfer.

Cronulla Centre Levy Plan

• The project in the Works Schedule – Cronulla Centre Upgrade/Public Domain improvements and funds in the plan are to be transferred to the Section 94 2016 plan to fund local works in the Cronulla Growth Precinct.

Engadine Centre Levy Plan

• Works in the Works Schedule have been completed – Engadine Centre Upgrade/Public Domain improvements.

• Remaining funds to be transferred to the Section 94 2016 plan to fund local works in the Engadine Growth Precinct.

Specific details in relation to each plan are provided overleaf.

Centre Contribution Plans

Notes Project ID Project Name

Project Description

Caringbah Centre Contribution Plan 1997 Completed

156260 Caringbah Shopping Centre Domain Improvements Program

Sutherland Centre Contribution Plan Transfer as Regional Project

Proposed extension to Peace Park incorporating 2,4,6,8 Stapleton Ave Park Extension 20-25

$1,000,000

Completed Public Domain improvements Completed

Footpath widening in Boyle Street and Flora Street – enabling outdoor eating/plaza, street planting and beautification

Completed

155160

Landscaping Intersection Old Princes Highway and Eton Street Sutherland

Not continuing

Sculpture at entry to centre Eton Street/Old Princes Highway

Not continuing

Linden St Sutherland Park (Linden St) embellishment

Not continuing Glencoe St open space Not continuing

Boulevard street tree planting Old Princes Highway, President Avenue, Linden Street, Rawson Street, and other street tree planting

Sutherland Centre Levy Plan Completed Public Domain improvements Kirrawee Mixed Use Levy Plan Not continuing

Kirrawee Open Space Masterplan Embellishment

Miranda Core Commercial Lands Levy Plan Committed project 163050 Miranda Shopping Centre -

Miscellaneous Works (Public Domain Improvements along the Kingsway)

Continued Public Domain works at Kingsway Miranda

15-17 $17,000

Transfer Acquisition and Embellishment as Regional Project; Transfer Flood Mitigation Work as S94A project

Ewey Creek Acquisition, Embellishment and Flood Mitigation Works

Ewey Creek works in Miranda S94 local projects 20-22

$1,000,000

Transfer as Local Works project

Public Domain improvements - Kiora Road/Karimbla Road (Landscaping of the grounds of the Community Centre) 18-20

$250,000

Not continuing Closure of Central Road Not continuing

Landscape Edge Along Willock Avenue

Miranda Centre Open Space Embellishment Plan Transfer as Regional Project

Embellishment of Ewey Creek Ongoing project to embellish Ewey Creek corridor 20-22

$1,000,000

Open Space Landscaping (Urunga Parade Road Closure) 18-20

$200,000

Transfer as Regional Works project

Master Plan for the long term development of Seymour Shaw Park 16-18

$200,000

Transfer as Local Works project Embellishment of Darly Street Park 20-22

$200,000

Landscaping of the grounds of the Community Centre 18-20

$250,000

Cronulla Centre Levy Plan Transfer as Local Works project

Public Domain improvements Works to complete embellishment of town square

16-18 $293,700

Engadine Centre Levy Plan Transfer as Local Works project

Engadine Town Square - public domain upgrade

Works to complete embellishment of town square

16-18 $293,700

Plans to be combined in the Section 94A Plan 2016

• Specified projects are to be completed under the existing plans. • Remaining projects and funds from these plans will generally be transferred to the Section 94A

Plan 2016 as the projects identified in these plans are similar to the Shire-Wide projects identified in the Section 94A Plan 2016 (footpath improvements, drainage works etc).

Employment Lands Levy Plan

• Beautification of Taren Point Road to continue as a Committed Project under the existing plan. • 3 projects on the work schedule have been completed. • 5 projects on the work schedule are not continuing. • The remaining projects and funds are to be transferred to the Section 94A Plan 2016.

Menai Centre Levy Plan

• Embellishment of the public domain will be undertaken utilising the funds collected under this plan – Upgrade of Menai Skate Park and Further Embellishment of Parc Menai.

• Menai Road Carter Road Roundabout Landscaping is a committed project not yet completed - consequently approximately $30,000 to finish the project

• Any remaining funds will be transferred to the Section 94A Plan 2016.

Specific details in relation to each plan are provided overleaf.

Levy Plans

Notes Project ID Project Name Project Description

Employment Lands Levy Plan

Committed project 150380

Taren Point Road Beautification-Landscaping

Tree planting along Taren Point Road. 16/17

$215,000

Transfer to Section 94A Plan 162690

GPT and Linear wetland at fiveways, Miranda

Engage a consultant to prepare a detailed design of stormwater quality improvement devices adjoining 226 Parraweena Road Miranda.

$500,000

Transfer to Section 94A Plan

Water Quality Improvement at Endeavour Road

installation of water quality improvement devices such as GPT combined with offline sedimentation pond at Endeavour Road to treat stormwater before it reaches Woolooware Bay.

$1,000,000

Drainage Upgrade between Taren point Road and Box Road

Minimise the impact of increasing industrial development in Taren Point by improvement to the drainage.

$1,000,000

Flood Mitigation and Water Quality Treatment

Flood Mitigation and Water Quality Treatments at Production Road. The project at this location will include measures such as widening of existing adjoining Production Road between Bay Road and Woolooware Bay and establish saltmarsh plantations

$2,500,000

Not continuing

Linear Wetland for Western Side of Taren Point Road

Not continuing

Engadine Landscaping Mainga Avenue and Caldarra Avenue

Not continuing

Heathcote Landscaping Burns Road and Princes Highway

Not continuing

Landscaping Improvement Works Along Kiama Street

Completed Street tree Program

for Captain Cook Drive

Completed

Landscaping Improvement Works Along Oak Road and Waratah Street

Completed Menai Road

Landscaping Works Completed

Installation of Stormwater Quality Improvement Device at Bates Drive.

Menai Centre Levy Plan

Committed Project 153140 Menai Skate Park

Improvements Upgrade Menai Skate Park to improve utility.2 16/17

50,000 Committed Project

153750

Parc Menai - Additional Play Facilities, Shade, BBQ & Seating

Install new playground equipment, shade structure, BBQ with shelter and seating to increase utility of reserve.2

120,000

Committed Project

161450

Embellishment of public open space, foot path upgrades and street plantings in Menai Centre

Menai Road Carter Road Roundabout Landscaping

$30,000

Pre-Plan Contributions

Council also holds funds which were collected pursuant to conditions of consent in development approvals prior to the introduction of Section 94 plans (pre-plan funds) in 1993.

In Jannali, Caringbah and Miranda funds contributions collected from development applications which were deficient in the provision of car parking spaces. In Miranda, contributions were also collected as a condition of consent for the closure of Central Road.

Pre- Plan Contributions Current Funds (as at 23.5.2016)

Jannali car parking $ 272,700 Caringbah car parking $ 379,268 Miranda car parking $ 1,311,898 Miranda Central Road closure $ 299,435

Investigations have found that these funds are insufficient to deliver additional public parking in Jannali Caringbah or Miranda. The closure of Central Road Miranda is no longer advisable on traffic grounds. However, the widening of footpaths, improved landscaping is a local project in the plan.

These pre-plan funds to be transferred to the Section 94 Plan 2016 for local works in the specific growth precincts where the funds were collected.

Pre-Plan funds Section 94 Plan 2016

section 94 plan 2016 responce 1 of 2

23 August 2016 Sutherland Shire Strategic Planning Locked Bag 17 Sutherland NSW 1499

Dear Senior Environmental Planner

Draft Section 94 Plan 2016 – 2015/227611

Comments follow:

Overview Sutherland Shire is awash with residential units, new, under construction, DA approved, DA under consideration. Shire lacks industry, land for industry, manufacturing. Residents travel away for work.

Rezoning is needed from dwellings to industrial.

More dwellings attract more people. However, existing dwellings have unused capacity. More housing is not needed.

Increase in population requires increase in open space which can only be achieved by demolition of buildings.

Development approval should be conditional on demolition of buildings within the project to provide public open space. Use of Section 94 levies to buy existing open space will not increase total open space within the Shire.

Similarly, jamming more people into existing facilities will decrease quality of life. Jamming more things into existing parks would reduce the utility and comfort of parks. Unstructured open space is needed where children can kick or throw balls.

Some examples * The Kingsway, University Rd, Pinnacle St high densityproject is a planning disaster. Solid homes with yards, lawnsand gardens will be developer crunched into garbage tip waste.The existing public reserve was handed to developers for salespromotion. Traffic lanes are being narrowed under railwaybridge in Sylvania Rd. Highrise overlooks the school.Vehicles from the units will further clog Kingsway arterialroad. All this detriment without a single sq m of open space.(see powerpoint slides)

section 94 plan 2016 responce 2 of 2

* Embellishment of Ewey Creek. In recent years Council hasdestroyed part of Ewey Creek environment by converting anattractive natural perennial stream into a dangerous verticalsided stormwater channel where people who fall over the wallcould be killed or injured.Vertical wall sections downstream from Kiah Place and upstreamfrom Sylvania Rd are open to public day and night.Apart from removing risks in these sections, Ewey Creek needsno “embellishment”. Floods are natural events. Ewey Creekneeds no flood mitigation. Please see separate powerpointslides.

Pollution of estuaries. Pollution traps and cleaning are needed at street entry drainage points. However, these are not Section 94 work.

* Veno St Heathcote reserve. Council allowed increase inpopulation density in the Veno St/Rosebery St/StricklandRd/Princes Highway block with no public open space. The 77units now under construction overlook the school. Allpopulation increase without public open space.Veno St park is popular with visitors driving along thehighway. Any increase in equipment would detract from theambience of this small pleasant place. Leave the parkuntouched.

* Dunningham Park – CronullaThis opens space facility is often taken over for events. Itshould be kept for park only use. Sea walls built out to seaare repeatedly battered and fail. Funds should not be spenton futile attempts at repair.

* Cycleways. Cycleways are part of the road system and notrelated to open space. The proposes cycleway Sutherland toCronulla has an confused mix of sharp corners, roadintersections, various locations in road reserve, uses part ofexisting foopaths. All space within the railway reserve(established + 80 years ago) is needed for rail purposes.Overall the design is unsatisfactory.

Yours faithfully,

please see separate powerpoint slides

Ewey Creek Miranda – At rear 156/162 Karimbla Rd and upstream Sylvania Rd – July 2016

Downstream rear 158 Karimbla Rd Natural perennial stream – Preserving environment

Upstream from rear 158 Karimbla Rd

Downstream to rear 158 Karimbla Rd – No public access

Upstream from Sylvania Rd – new vertical wall danger 2016

Dangerous, vertical side stormwater drains with steep slope to top of walls - Downstream from Kiah Place open day and night

No public access to Council owned public open space

From:To: sscSubject: Submission: Exhibition of Draft Sutherland Shire Section S94A Plan 2016Date: Wednesday, 3 August 2016 6:27:51 PM

Attn: Strategic Planning Unit

I am writing to you with regards to Council's recent newspaper advertisement regarding the Exhibition of Draft Sutherland Shire Section 94A Plan.

Upon viewing the documents on exhibition at Council, I am astounded with the fact that Council proposes to hit your average mother and father who invest all their time and money into their home, in many cases their only investment, with a levy of 0.5%-1.0% for making alterations and additions to their home!!!

This is a disgrace and seems that Council will be taking money from those that can least afford it. As I understand it, the original S94 plan was introduced to levy developers who create new dwellings ie townhouses, units etc which create extra pressure on local infrastructure. This is understandable and logical as the extra development in the shire has definitely had this affect and as developers make considerable profits, the levies charged are insignificant to these profits. However now we are in a position where this pressure is apparent and will worsen into the future, Council has decided to charge residents of single dwellings as well to fund the projects to address this pressure, created by developers. The work undertaken on their homes has no affect on this pressure on infrastructure, these levies are therefore illogical and outrageous. An average alteration to a dwelling of $150,000 (which is very easy do considering the cost of renovating in 2016), will cost the home owner $750 which is a lot of money to most people to just throw away, on top of having to find the security bond which is also payable on development, in this case $3500, a Long Service Levy of $535 and Planning Reform Fund Levy when lodging a DA.

This is simply not acceptable and residents will be outraged when they are faced with this extra charge when progressing through their building applications.

Please assist the average home owner by reconsidering this levy, and place an increased levy in the hands of developers where it belongs to fund infrastructure improvements.

Thanking you in advance, I look forward to your response.

Kind Regards

From:To: sscSubject: 2015 / 227611Date: Wednesday, 17 August 2016 12:48:33 PM

Dear Robyn,Further to your letter , I would be interested in selling the subject portion of land at market value.Should you need to inspect the property please do so by viewing over the rear fence from the Council land of Ewey creek. The house is currently leased to a very good tenant and I do not want to disturb her.Yours sincerely

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Aug 28 16 04:45:01 pm Nero

Nero;;topowys@gmail.com;;I do not agree;;GYMEA, NSW;;;;Male;;Live here;;;;Planning & Development

I feel that S94 on residential homes from $100000 is unfair. The development that residential homes make to the shire doesn't effect the traffic and infrastructure of the shire. They are only improving their homes. If you feel you have to charge S94 on residential properties I feel it should start from $800000. The units and dual occupies are the ones that are the greatest on the infrastructure as they take up parking in the street as usually they only have one car parking spot and they use their garage for storage. Because units are build on residential land there are always a lot more people on single residential properties which create a large inpack on the infrastructure traffic ,parking electricity etc. Maybe you should increase S94's on units to 2% for 10 years and dual occupancy 1%.I just feel that on residential properties 1% under the $800000 will be unfair.

Nero topowys@gmail.com

I do not agree

GYMEA, NSW Male Live here

Planning & Developme

641616

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Appendix E – Discussion of Public Submissions

Application of the Section 94 Plan - dwellings

Two submissions were critical that the new Section 94A plan includes a levy on homeowners for the

construction of single dwellings as well as alterations and additions to dwellings. The submission states

that the levy is an unreasonable additional charge to impose on an average landowner, and adds that

only development which creates additional dwellings and, therefore, clearly increase demand for public

open space, should be levied a greater amount. The second submission contends that improvements to

homes do not affect the infrastructure of the Shire. This submission suggests that the Section 94A levy

should only apply for dwellings when construction cost exceeds $800,000 (instead of a 0.5% levy where

construction cost exceeds $100,000).

Response:

The Section 94A levy plan was introduced by the State Government as an option for councils to allow

development contributions to be levied in established urban areas where development is mainly ‘infill’

development and is also sporadic. Such plans are common throughout Sydney and apply to single

dwellings (including S94A plans for Rockdale, Kogarah, Willoughby, Warringah, Hornsby, Wollongong,

Randwick, Bankstown, Ashfield and Burwood Council areas).

The application of Section 94A contributions on single dwellings is a change in policy. Council does not

currently require Section 94 or Section 94A contributions for replacement or alterations and additions to

single dwellings. However, SSLEP2015 increased the allowable floor space ratio in low density residential

zones, resulting in a significant increase in development activity. At present, over half of all current

applications are for dwellings (new dwellings, pools, waterfront structures and alterations/additions to

existing dwellings). In many instances the resultant dwellings are substantially larger and contain more

bedrooms than existing dwellings. This trend towards larger dwelling houses is expected to continue into

the future. The substantial expenditure involved in construction is indicative of the increased affluence of

the residents of the Shire and the better quality of life to which they aspire. It is reasonable to anticipate

that the residents would have the same heightened expectations for the overall amenity of the

community, reflecting their own enhanced lifestyles and serving to protect the considerable investments

they have made in improving their homes. These expectations are likely to be expressed in increased

demands for both a greater quantity and better quality of public facilities, including those intended to be

funded by the Section 94 and Section 94A plans.

The Environmental Planning and Assessment Act does not require any nexus between development

which pays the S94A levy and the object of the expenditure of the levy. The Section 94A levy only applies

where construction costs exceed $100,000 and the maximum percentage of the levy is set by legislation.

Consequently smaller projects will not be levied. Where construction costs are between $100,000-

$200,000 the levy is 0.5% and where construction costs are greater than $200,000 the levy is 1%. Hence

for domestic construction the levy is not large.

With respect to the preference for a greater Section 94 levy for large developments, for example

residential flats, most of this form of development will occur in the centre growth precincts. Development

in these precincts is subject to the Section 94 Plan, which requires a per residential flat contribution of

over $19,000. This is likely to be higher than a levy based on construction cost which would be realised

under the Section 94A plan. It is acknowledged that there will be new townhouse development, and even

some residential flats, outside the growth centre precincts. However, these sites are scattered across the

Shire and it is difficult to establish a nexus between the individual developments and the need for

additional local open space projects. Consequently such development will be levied under the Section

94A Plan.

Application of the plan - new flat precincts

One submission is critical of zoning decisions to increase residential densities in the Sutherland Shire.

Another submission suggests the Section 94 Plan should also apply to flat zones outside the growth

centres, and that when areas are rezoned for high density development the Section 94 Plan should be

amended before the rezoning occurs to ensure that the new flat zones are levied at the higher

contribution rate set in the Section 94 Plan, rather than under the rate applicable in the Section 94A Plan.

Response:

The State government policies have required Council to provide an increase in dwellings, particularly

within walking distance of centres and train stations. SSLEP2015 allows for greater densities in town

centres whilst preserving more environmentally sensitive areas for lower density residential development.

The submission's comments on zoning policy do not directly relate to the Section 94 and Section 94A

plans as these do not zone land.

However, the draft Section 94 and Section 94A plans respond to the recent rezoning of land under

SSLEP2015 and include projects to create new parks in proximity to growth centre precincts such as the

Pinnacle Street Precinct. In future, Council can amend the plans to apply the Section 94 plan to new

areas zoned to permit residential flats should such rezonings occur.

Public Open Space Land Provision

Two submissions were concerned that the current rate of public open space provision cannot be

maintained with the expected increase in density and population. Submissions call for all expenditure

from Section 94 and Section 94A contributions to be used for land acquisition for new parks and the

embellishment of existing parks to increase capacity. A submission is concerned that insufficient funds

are allocated in the plans for land purchase, given the recent rapid increase in land prices and the long

time frames set out in the plans. A submission suggests that the provision of public open space within a

residential flat development should be a condition of consent.

One submission encourages Council to be proactive in seeking properties for purchase to increase the

amount of public open space to meet the needs of the increased population as per the commitments

made in the Section 94 Plan.

Response:

The Section 94 Plan Works Schedule addresses both the need for additional public open space for the

projected population increase and the potential to improve existing areas of public open space so that

they can be more intensively used by the anticipated increased population. Increasing population while

maintaining amenity requires either an increase in the amount of land for public open space or works to

the existing open space to increase its carrying capacity and cater for more intensive use.

Acquisition of land for additional open space is costly and difficult. Each centre precinct in the Section 94

Plan has local projects to increase the amount of local open space. The submission's urging to be

proactive in purchasing this land is noted.

Identified projects in the Works Schedules both increase the capacity of local open space near the growth

centre precincts and provide for regional open space which serves all the population of the Shire,

including playing fields to which people travel for sporting activities. While funds are allocated for the

purchase of additional land for local parks, Council needs to be prudent in planning for additional public

open space. It is a slow process to acquire land for new parks in useful locations as Council's current

policy is not to compulsorily acquire land. Also, each new facility creates an ongoing maintenance liability

for Council and Section 94 monies cannot be used for maintenance purposes. It is most practical to use

Section 94 funds to increase the capacity of existing facilities where feasible.

Requiring the provision of public open space within each residential flat development would only provide

small areas of land on each development site. This space would be of limited utility. Instead, the plans

focus on improving larger, more useable areas of public open space, either as playing fields or parks thus

providing broader public benefits.

A submission objects to the use of Dunningham Park in Cronulla for events, at which times it is not

available as a park. Specific comments on the use of Dunningham Park are noted.

Items in the Works Schedule - General

Submissions object to use of Section 94 and Section 94A funds for works such as centre precinct public

domain improvements, footpaths, cycleways, stormwater drainage, the North Cronulla seawall and street

tree planting. A submission suggests that cycleways are related to the road system and not related to

open space, while another objects to the use of Section 94 funds for on-road cycleways, as cycling on

road is dangerous. A submission objects to the design of the Sutherland to Cronulla cycleway. A

submission regards these projects as civil works rather than public open space, contending that these

works do not provide the same health, recreation and social benefits as large areas of green public open

space. One submission is concerned that funds in the Plans will be regarded by Council as an alternative

source of funding civil works. This submission suggests that street tree planting should be done under

Council's Green Streets Program, rather than using Section 94 funds.

Response:

Works to improve the public domain, including footpaths, are planned to be undertaken using funds from

Section 94A funds. In centres, incidental public spaces are vital for public recreation activities such as

walking for exercise, socialising and enjoying the outdoors, as well as improving connections between

centres and parks. Using Section 94 funds for upgrading public spaces in centres and street tree planting,

improving the landscaped quality of these incidental spaces improves the amenity of the area for local

residents and visitors to the centres.

The Works Schedule funds one road infrastructure project in Caringbah - a local project to improve an

intersection with the Kingsway, required as a direct result of increased local population in the growth

centre precinct. Bike paths are often used for recreational purposes and are included as recreational

infrastructure. Council policy supports the development of bike paths to encourage active transport as an

alternative to private vehicle use as well as providing pedestrian and cycling connections between areas

of open space. The policy intends to provide for a range of outdoor recreational experiences, including

walking and the use of bicycles for transport, exercise and recreation. Creating on-road cycleways is a

simple and inexpensive measure to encourage cycling. Shared off-road cycleways are always preferred,

but not always possible.

Improvements to stormwater drainage and the North Cronulla seawall are works to be funded from the

Section 94A levy plan. Funds from this plan need not be used for public open recreational space, but can

be used for other public infrastructure purposes.

Works Schedule - Ewey Creek, Miranda

Three submissions relate to works to the Ewey Creek corridor in Miranda, which are being funded by

Section 94 developer contributions. The submissions suggest that Council’s works have not protected the

creek as a natural system, have made it less attractive than a natural creek and have made it into a

drainage culvert, contrary to the exhibited Ewey Creek Management Plan. They submit the natural creek

edges have been replaced with vertical walls which may be unsafe, particularly at night. One of the

submissions points to inconsistencies between completed works and the figures in the Ewey Creek Plan

of Management which shows works to retain the shallow sides to the waterway.

Response:

The embellishment of Ewey Creek is a long standing Council project funded by Section 94 funds, which

will continue under the new plans. The works to the Ewey Creek Corridor are to mitigate flooding effects

and provide a public access pathway through an area of open space alongside the creek. The creation of

a pedestrian path through a natural area within a residential zone is consistent with Council's policy to

provide a range of open space recreational experiences. The submissions' detailed illustrated comments

on the design of the project are noted and will be forwarded to Council's Asset Management Group.

Works Schedule - Veno Street, Heathcote

One submission objects to the residential development at Veno Street in Heathcote, suggesting that the

development will create a need for more open space. The submission also objects to improvements to

Veno Street Park suggesting the works would detract from the ambience of the park.

Response:

This project is in a current Section 94 Plan (2005 Shire Wide Open Space and Recreation Plan). The

required open space contribution will be used to improve or add to public open space as per the adopted

Works Schedule. The submission's comments on the plans for improvements to the Veno Street Park will

be forwarded to Council's Asset Management Group.

Open Space Land Identified for Acquisition

Two submissions were received from owners of land identified for acquisition under the current Section

94 Plan “2005 Shire-Wide Open Space and Recreation Facilities”. Council’s Property Unit are in

communication with the land owners to progress the acquisitions if agreement is reached.

PLN004-17 RESULTS OF PUBLIC EXHIBITION OF PLANNING PROPOSAL TO REZONE 87-97 WILLARONG ROAD, CARINGBAH (DRAFT AMENDMENT 5 TO SSLEP2015)

Attachments: Appendices A, B and C

EXECUTIVE SUMMARY

• The Planning Proposal for Amendment 5 to SSLEP2015 seeks to rezone 87-97 Willarong Road,

Caringbah from R2 Low Density Residential to R4 High Density Residential, with an increase in

development standards to those which generally apply in the R4 zone.

• Three submissions were received objecting to the proposal. They raise issues of traffic, parking,

pedestrian safety, overlooking of the adjoining school grounds, waste collection and concerns

with the planning process.

• Many of the issues identified in the submissions can be addressed in the design of future

development or can be adequately resolved during the development assessment process.

• It is recommended that the Planning Proposal proceed without variation and Council exercise its

authorisation to make the plan.

1. Council formally request Parliamentary Counsel prepare and make a legal instrument to

rezone land at 87-97 Willarong Road, Caringbah to R4 High Density Residential with FSR of

1.2:1 and Maximum Building Height of 16m.

2. On receipt of the Opinion of the Parliamentary Counsel's Office that the legal instrument can

be made, pursuant to Clause 400 of the Local Government (General) Regulations 2005, the

LEP be executed under the Common Seal of the Council of the Sutherland Shire in the

presence of the Mayor and General Manager.

PURPOSE

This report informs Council of the results of the exhibition of the Planning Proposal to rezone land at

87-97 Willarong Road, Caringbah from R2 Low Density Residential to R4 High Density Residential.

Accompanying the R2 zone is a Floor Space Ratio (FSR) of 1.2:1 and Maximum Building Height of

16m. These standards are generally consistent with the development standards that apply in the R2

BACKGROUND A Planning Proposal for the 87-97 Willarong Road, Caringbah was lodged in June 2015 by the

landowners and considered by Council on 21 March 2016 (EHR048-16). The proposal was supported

and submitted to NSW Department of Environment and Planning on 24 March 2016. Gateway

Determination was received on 20 June 2016 which allowed Council to exhibit the Planning Proposal,

subject to conditions. The Gateway Determination also delegated plan making power to Council for

the Planning Proposal.

The land was previously exhibited with the currently proposed development standards for the second

exhibition of Sutherland Shire Local Environmental Plan 2015 (SSLEP 2015). No submissions were

received which objected to the proposal at that point in time. The rezoning was removed from the third

draft of the Local Environmental Plan (LEP3) following the recommendation of the Independent

Review of making of the LEP. The review found against the rezoning because officers has not

provided advice on the rezoning. A submission to the third exhibition of the LEP requested that the

land revert to the zoning, height and density exhibited in the second exhibition. Council considered the

request (DAP043-15). At the time the proposal was seen to have merit, but was not supported for

inclusion in draft SSLEP2015 as it would delay the finalisation of the plan because it required a further

exhibition on the plan. This was not considered to be in the public’s interest.

DISCUSSION Issues raised in submissions The issues raised through the submissions are acknowledged. However, most of the issues raised in

the objections received can be addressed in the design of future development of the site, or resolved

during the development assessment process. The Planning Proposal will result in an extension to the

Caringbah North Residential Flat Precinct which was extended to the north through SSLEP2015.

The issues raised in the public submissions received can be summarised as:

• Privacy, overlooking and safety of the school - raised in three submissions

Concerns about overlooking of the school are not a valid reason to exclude high density development

on adjacent land. Schools in an urban context cannot reasonably expect that there will be no increase

in density on surrounding land. The Land and Environment Court has previously considered similar

arguments and has found that fear of inappropriate behaviour is not a matter that can be given

significant planning weight. However, the development assessment process provides an opportunity

for building design to mitigate potential concerns.

• Traffic, parking and infrastructure capacity - raised in three submissions

Concerns relate to the potential future traffic likely to be generated from new development in the

precinct which will be exacerbated by the proposal. The proposed density is likely to produce a

maximum of 164 trips per day. However, the land makes up only a very small proportion of released

residential flat zone along Willarong Road and of the broader Caringbah North Precinct and will not

add significantly more to the already anticipated traffic movements. The peak movement periods will

also be outside of peak school periods. As such the likely traffic implications do not justify refusal of

the planning proposal.

• Pedestrian access - raised in two submissions

Concerns are based on the carrying capacity of the footpaths which it is claimed will not be able to

accommodate the anticipation increased density in the precinct. Council’s Draft DCP for Caringbah

North Residential Flat Precinct includes a scheme for public domain improvements consistent with

Sutherland Shire’s Public Domain Design Manual. This will improve the pedestrian environment and

support increased pedestrian volumes.

• Garbage collection - raised in two submissions

While the potential for a large number of bins on street for garbage collection is highlighted by the

submission, the waste requirements of residential flat buildings are resolved on a case by case basis

at Development Application stage.

• Planning approach and precedence - raised in two submissions

Council accepting and supporting this Planning Proposal does not set a precedent for future

applications. The Environmental Planning and Assessment Act, 1979 specifically allows individual

planning proposals to be lodged which council must determine. Each individual Planning Proposal is

required to provide justification for, and documentation supporting, the proposed rezoning. Each

proposal is individually considered on its merits and reported for Council's consideration.

A detailed discussion of the issues raised in submissions is attached in Appendix C. In conclusion it is

considered that the issues raised do not warrant not proceeding with the proposed rezoning of the

Delegation of the Plan Making Process

The Gateway Determination authorises Council to exercise delegated authority to make the plan. This

means that Council takes responsibility for the plan making process. This requires council to request

that the legal instrument (the LEP) is drafted by Parliamentary Counsel's office and that the actual LEP

is made once a supporting Opinion has been issued by Parliamentary Counsel's office.

As no amendment to the Planning Proposal is required, Council can now make a formal request to the

Parliamentary Counsel's Office for a draft legal instrument be made under section 59(1) of the

Environmental Planning and Assessment Act 1979 to amend SSLEP2015. Once the legal instrument

has been drafted and Parliamentary Counsel issues an Opinion that the plan can be made, Council

may exercise the functions of the Greater Sydney Commission under section 59(2) of the Act to make

the LEP. This is undertaken by executing the amendment to Sutherland Shire Local Environmental

Plan 2015 under the Common Seal of the Council of the Sutherland Shire in the presence of the

Mayor and General Manager. Once the LEP has been executed by Council, a request must be sent

for online notification of the LEP on the NSW legislation website. The amendment only comes into

force on the day the LEP is published on the legislation website.

CONSULTATION

The amended Planning Proposal was initially exhibited for a total of 29 days from 6 July to 3 August,

2016, meeting the requirements of the Gateway Determination. A copy of the amended Planning

Proposal is attached as Appendix A. On 15 August 2016, Council resolved to extend the exhibition for

a further 14 days to 29 August 2016. Exhibition material was available at all Council library branches,

at the Customer Service Centre and online through Council’s Join the Conversation website. During

this time three public submissions were received which object to the proposal. Copies are attached at

Appendix B. The submissions are from the Principal of Caringbah High School, the Caringbah High

School Parents and Citizens Association and a concerned resident.

As a condition of the Gateway Determination, Council was required to consult with NSW Health,

Transport for NSW, Office of Environment and Heritage and Department of Education. Only Transport

for NSW responded but it raised no objection to the proposal. The submission is included in Appendix

The finalisation of the Planning Proposal is within the budget and resources allocation of the Strategic

Planning Unit. Assistance will be required from Information Management & Technology. A portion of

these costs are recovered through the planning proposal application fee.

POLICY The recommendations contained in this report will amend Council’s primary planning instrument;

SSLEP2015. The proposal is consistent with the strategic aims to provide housing that accommodates

Shire household structures and demographic changes expressed in 'A Plan for Growing Sydney' and

the Community Strategic Plan for Sutherland Shire - Our Shire Our Future: Our Guide for Shaping the

Shire to 2030.

CONCLUSION

The Planning proposal for Amendment 5 to SSLEP2015 seeks to rezone land at 87-97 Willarong

Road, Caringbah. The proposal was publicly exhibited between 6 July and 29 August 2016. The

objections raised through the submissions are acknowledged; however the proposal is a small

extension to the Caringbah North Residential Precinct and many of the issues raised can be

addressed during the design and approval stages of the development. It is recommended that the

Planning Proposal proceed without variation.

RESPONSIBLE OFFICER The officer responsible for the preparation of this Report is the Manager Strategic Planning, Mark

Carlon, who can be contacted on 9710 0523.

PLANNING PROPOSAL

Sutherland Shire Local Environmental Plan 2015 Amendment 5 - 87-97 Willarong Road, Caringbah

Sutherland Shire Council

Background Sutherland Shire Local Environmental Plan 2015 (SSLEP2015) came into force on 23 June 2015. The

process leading to adoption of the LEP involved three public exhibitions, an independent review and

significant community interest.

87-97 Willarong Road, Caringbah, the subject land of this Planning Proposal, was exhibited with

differing zone and development standard options through the three exhibitions leading to

SSLEP2015. During the first exhibition of the LEP, the subject site was zoned R2 with development

standards applying to that zone, which at the time included a 9m maximum height and a maximum

FSR of 0.55:1. Through resolution of Council, the site was rezoned to R4 High Density Residential

with an FSR of 1.2:1 and a height of 16m for the second exhibition of the LEP. The Independent

Review noted that no submissions had been made to prompt the change in zone between LEP1 and

LEP2 and that no planning advice had been provided on the issue. The panel suggested that this

decision was not good planning practice and the site should revert to the zoning and development

standards under LEP1 for the third exhibition.

During the third exhibition of the LEP, a submission was made in seeking the zone and development

standards exhibited in LEP2. The submission provided justification primarily on the site’s location,

including its proximity to the centre and hospitals. The submission noted the abrupt transition to

higher densities to the south and proposed the inclusion of this site to remove the mid block zoning

boundary and shift the transition point to the larger school site. The Officer’s report noted the

context and suggested the proposal had merit but was unable to progress in LEP3 as it would

necessitate the re-exhibition of the plan which, given the significant delays that had already

occurred, was not seen as being in the public’s best interest.

A Planning Proposal was then lodged on behalf of the landowners seeking a zone of R4 High Density

Residential, a FSR of 1.2:1 and a maximum height of 16m. This proposal was supported by Council on

the 21st of March, 2016 and is the subject of this Planning Proposal.

PART 1 – OBJECTIVES OR INTENDED OUTCOMES The purpose of this Planning Proposal is to amend Sutherland Shire Local Environmental Plan 2015

to extend the redevelopment area known as the “Caringbah North Precinct” of high density housing

to include land at 87-97 Willarong Road, Caringbah.

PART 2 - EXPLANATION OF THE PROVISIONS Through the preparation of its new Standard Instrument LEP; SSLEP2015, Council investigated a number of new residential flat precincts across the Sutherland Shire leading to its Housing Strategy. It also looked to how increased residential populations could assist in the revitalisation and growth of various centres within the LGA, including Caringbah, resulting in the Draft Caringbah Centre Strategy. The “Caringbah North Precinct”, including the surplus Caringbah High School site, was identified in both strategies; capitalising on the Precinct’s proximity to Caringbah Centre, public and private hospitals, employment land and public transport. An area around the strategic surplus school site was included in the investigation; however the Precinct’s boundaries varied through the many drafts. The initial Precinct was limited to the surplus school site and adjoining properties, denoted in red below. The final extent as per LEP2015 is shown below in blue while the subject site is edged in green. The current operational school site is shaded yellow.

Figure 1 Precinct boundary over multiple versions. Red - Draft Centre Strategy, Blue - LEP2015, Green - Subject Land, Yellow - Caringbah High School

Rezoning the subject land through this Planning Proposal land would provide a logical extension to

the “Caringbah North Precinct” and remove a mid block transition which currently exists to the

south of the subject land. As sought through this Planning Proposal, the zone transition would be

moved to the boundary of the subject land and the adjoining school which is likely to be less

affected by the impacts of adjoining higher density development. The result will be a continuous

stretch of high density residential zoned land to the west of Willarong Road.

The sites immediately south of the subject land are now zoned R4 High Density Residential with an

FSR of 1.2:1 and a maximum height of 16m. The surplus Caringbah High School site is also benefitted

by special clauses under the LEP that, subject to the provision of access to properties fronting Taren

Point Road, provides an additional 0.3:1 in FSR and 14m in height.

The applicant has provided supporting documentation to demonstrate how a similar height of 16m

and 1.2:1 FSR could be accommodated on the subject land. A concept scheme, which provides one

solution to demonstrate how a possible development could be sited, sees the land split into two

development sites with a total of four residential flat buildings. Shadow diagrams, replicated below,

demonstrate that development could result in minimal overshadowing on the adjoining school while

the properties adjacent to the site would be partially overshadowed in the afternoon.

As the length of the built form presented in this scheme runs east to west, the southern neighbouring sites would be the most affected. While these sites are currently occupied by single dwellings, they have been zoned for residential flats under SSLEP2015. An alternative building form may reduce the overshadowing impact which could be explored through the development application process. While the application has not demonstrated the internal solar access implications of the proposed development standards, this can be resolved through the appropriate design solutions and the development application process.

The block form presented demonstrates that the FSR can be accommodated while generally meeting the building separation requirements within the ADG and without significant impact on the adjoining properties. Council is satisfied that the FSR and height sought are appropriate and while the applicant has only proposed to amend the height and FSR, it is reasonable to amend all development standards to be in line with those typical of the proposed zone. Therefore a reduction in landscaped area to 30% and removal of the minimum lot size requirement is proposed, in line with adjoining properties within the R4 zone. The proposed outcome will be achieved by amending the following map series in relation to 87-97

Willarong Road, Caringbah:

SSLEP2015 Land Zoning Map to rezone the subject land from R2 Low Density Housing to R4

High Density Housing.

SSLEP2015 Floor Space Ratio Map to increase the maximum FSR of the subject land from

0.55:1 to 1.2:1.

SLEP2015 Height of Buildings Map to increase the maximum height of buildings of the

subject land from 8.5m to 16m.

SSLEP2015 Lot Size Map to remove minimum lot size requirements for the subject land.

SSLEP2015Landscaped Area Map to decrease the required landscaped area for the subject

land from 35% to 30%.

PART 3 - JUSTIFICATION

Section A – The need for the Planning Proposal

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

While the Planning Proposal is not the result of any strategic study or report; land adjoining the site,

including the surplus Caringbah High School site, was considered as part of the Draft Caringbah

Centre Strategy and Council’s Housing Strategy. Both strategies built on the Precinct’s proximity to

Caringbah Centre, public and private hospitals and railway station and acknowledged that the

proposal approved through the Site Compatibility Certificate for the surplus school site failed to

capitalise on the strategic importance of this large site.

The strategies resulted in the Caringbah North Precinct which involved rezoning land from a low

density housing zone to R4 High Density under SSLEP2015. The strategy envisioned an area of

residential flat buildings in a landscaped context which would assist in the revitalization of Caringbah

Centre. The precinct also provided for a significant number of dwellings needed to satisfy Council’s

requirements under the Draft South Sub-regional Plan. The addition of the 87-97 Willarong Road,

Caringbah to the Precinct would further the intended outcome of the Draft Caringbah Centre

Strategy but is outside of these strategies’ scope.

The proposal also seeks to remove the minimum lot size requirements and reduce the landscaped

area requirements from 35% to 30% for the subject land in order to remain consistent with the

development controls for the R4 High Density Residential zone of SSLEP2015. Further, the proposed

amendments to the landscaped area and minimum lot size requirements are in keeping with those

of the adjoining R4 High Density Residential zoned land.

2. Is the planning proposal the best means of achieving the objectives or intended

outcomes, or is there a better way?

Yes, the land is currently zoned for low density housing, with the most intense form of development

permissible being multi dwelling housing. The land currently marks a midblock transition which will

result in a poor relationship between high and low density residential. Rezoning this land will allow

for higher densities and a continuous precinct of residential flats along the western site of Willarong

Section B – Relationship to strategic planning framework

1. Is the planning proposal consistent with the objectives and actions contained

in the applicable regional or sub-regional strategy (including the Sydney

Metropolitan Strategy and exhibited draft strategies)?

Yes. The proposal is relatively minor and is consistent with the broad policy directions contained in

the Plan for Growing Sydney and the draft South Sub-regional Strategy (2007).

The Plan for Growing Sydney identifies principles and actions which will guide how Sydney will grow.

Principle 1 relates to increasing housing choice around all centres through urban renewal in

established areas. This planning proposal seeks to accelerate housing supply, facilitate local housing

choice and provide growth through urban renewal close to Caringbah Centre. The plan also speaks

to providing a variety of housing options. The proposal will allow for the redevelopment of the land

for residential flats. Should redevelopment occur; the resulting residential flat building/s would

provide a variety of apartment options for shire residents, including both adaptable and livable

apartments.

The Draft Sub-regional strategy outlines a key action of meeting the LGA’s dwelling target. Council

has met this target with rezoning provided through SSLEP2015. However, it is unlikely that all zoned

land will be redeveloped for varying reasons and the rezoning of this land would likely result in

redevelopment and the provision of extra dwellings toward the target. The strategy also speaks to

resolving the roles of Caringbah and other centres. This rezoning will add to a significant precinct of

redevelopment which may aid to revitalise Caringbah. It is envisioned that Caringbah will be revived

through the provision of amenities to service the new residential population.

2. Is the planning proposal consistent with the local council’s Community

Strategic Plan or other local strategic plan?

Yes - Sutherland Shire Council’s Community Strategic Plan “Our Shire, Our Future” 2011 provides a

number of desired outcomes in three domains – live, work and enjoy. Of relevance to this planning

proposal are the following outcomes under the domain Live:

Housing for all:

Housing accommodates Shire household structures and demographic changes

The proposal will allow for the redevelopment of the land for residential flats. Should

redevelopment occur; the development would provide a variety of apartment options for shire

residents, including both adaptable and livable apartments. Apartments provide a lower

maintenance option for Sutherland Shire’s aging population looking to downsize, which represents a

significant demographic change in the LGA. Redevelopment would also assist in providing an

increase to housing supply in the Sutherland Shire, potential assisting housing affordability for first

home buyers.

Balanced Development:

The negative impacts of development on the environment, people and economy are

minimised

The proposal is close to an existing centre within an identified area of redevelopment. In centralising

redevelopment to locations in proximity to existing centres, Council has ensured the protection of

the lower density area in the peninsulas of the Shire.

The domain of Work and the outcome of diverse, local jobs is also relevant.

Diverse, local jobs

• Infrastructure, technology and support for local economic and employment opportunities

enable residents to achieve a work/life balance

Should redevelopment occur; employment opportunities may be provided to Sutherland Shire

residents during the construction phase of the redevelopment. This could provide local job

opportunities for the 8.8% of Sutherland Shire residents employed in the construction industry and

aid in the achievement of a work/life balance.

3. Is the planning proposal consistent with applicable state environmental

planning policies?

Yes – All State Environmental Planning Policies which apply to the land are identified below, with

those relevant to the proposal noted and their consistency detailed.

STATE ENVIRONMENTAL PLANNING POLICY RELEVANCE TO PLANNING PROPOSAL

IS THE PLANNING PROPOSAL

CONSISTENT?

SEPP No. 19 - Bushland in Urban Areas Yes The planning proposal is consistent with this policy. The land contains an Endangered Ecological Community – Sydney Turpentine-Ironbark Forest, and possible remnant vegetation. The location of these species provides for a developable area within the site that would not impact upon the EEC. Further the site is protected through the LEP Environmentally Sensitive Land – Biodiversity provisions that would require further consideration of potential impacts upon development assessment.

SEPP No. 21 - Caravan Parks N/A

SEPP No. 30 - Intensive Agriculture N/A

SEPP No. 32 - Urban Consolidation (Redevelopment of Urban Land)

Yes The planning proposal is consistent with this policy as it allows for the redevelopment of this site for higher density residential.

SEPP No. 33 - Hazardous and Offensive Development

SEPP No. 39 - Spit Island Bird Habitat N/A

SEPP No. 50 – Canal Estates N/A

STATE ENVIRONMENTAL PLANNING POLICY RELEVANCE TO PLANNING PROPOSAL

IS THE PLANNING PROPOSAL

CONSISTENT?

SEPP No. 55 – Remediation of Land Yes The planning proposal is consistent with this policy. The land is currently zoned residential and is only to increase in the density of the land use permitted and the development standards prescribed. The land has not been identified as contaminated, nor has it been identified by Council as having potential for contamination based on review of previous uses.

SEPP No. 62 – Sustainable Aquaculture N/A

SEPP No. 64 - Advertising and Signage N/A

SEPP No. 65 - Design Quality of Residential Flat Development

SEPP (Affordable Rental Housing) 2009

SEPP (Building Sustainability Index: BASIX) 2004

Yes The planning proposal is consistent with this policy.

SEPP (Exempt and Complying Development Codes) 2008

SEPP (Housing for Seniors or People with a Disability) 2004

SEPP (Infrastructure) 2007 Yes The planning proposal is consistent with this policy.

SEPP (Major Development) 2005 N/A

SEPP (Mining, Petroleum Production and Extractive Industries) 2007

SEPP (Miscellaneous Consent Provisions) 2007

DEEMED STATE ENVIRONMENTAL PLANNING POLICY

RELEVANCE TO PLANNING PROPOSAL

IS THE PLANNING PROPOSAL CONSISTENT?

Greater Metropolitan REP No. 2 - Georges River Catchment

REP No. 9- Extractive Industry (No. 2) N/A

4. Is the planning proposal consistent with applicable Ministerial Directions

(s.117 directions)?

Yes – All Ministerial 117 Directions which apply to the land are identified below, with those relevant

to the proposal noted and their consistency detailed.

PLANNING DIRECTION PLANNING PROPOSAL RELEVANCE

1. Employment and Resources 1.1 Business and Industrial Zones The objectives of this direction are to: (a) encourage employment growth in suitable

locations, (b) protect employment land in business and industrial

zones, and (c) support the viability of identified strategic centres.

1.2 Rural Zones The objective of this direction is to protect the agricultural production value of rural land.

1.3 Mining, Petroleum Production and Extractive Industries

The objective of this direction is to ensure that the future extraction of State or regionally significant reserves of coal, other minerals, petroleum and extractive materials are not compromised by inappropriate development.

1.4 Oyster Aquaculture The objectives of this direction are: (a) to ensure that Priority Oyster Aquaculture Areas

and oyster aquaculture outside such an area are adequately considered when preparing a planning proposal,

(b) to protect Priority Oyster Aquaculture Areas and oyster aquaculture outside such an area from land uses that may result in adverse impacts on water quality and consequently, on the health of oysters and oyster consumers.

1.5 Rural Lands The objectives of this direction are to: (a) protect the agricultural production value of rural

land, (b) facilitate the orderly and economic development of

rural lands for rural and related purposes.

2. Environment and Heritage 2.1 Environment Protection Zones The objective of this direction is to protect and conserve environmentally sensitive areas.

Yes The site is not located within an Environmental Protection Zone; however, an Endangered Ecological Community – Sydney Turpentine-Ironbark Forest – is located on the site. The proposed inconsistencies are of minor significance as there are adequate provisions within SSLEP2015 and draft SSDCP2015 that facilitate the protection and retention of the EEC. The environmental protection provided to the EEC through the LEP is not proposed to be amended.

2.2 Coastal Protection The objective of this direction is to implement the

principles in the NSW Coastal Policy.

2.3 Heritage Conservation The objective of this direction is to conserve items, areas, objects and places of environmental heritage significance and indigenous heritage significance.

2.4 Recreation Vehicle Areas The objective of this direction is to protect sensitive land or land with significant conservation values from adverse impacts from recreation vehicles.

3. Housing, Infrastructure and Urban Development

3.1 Residential Zones The objectives of this direction are: (a) to encourage a variety and choice of housing

types to provide for existing and future housing needs,

(b) to make efficient use of existing infrastructure and services and ensure that new housing has appropriate access to infrastructure and services, and

(c) to minimise the impact of residential development on the environment and resource lands.

Yes The proposal will provide increased opportunities for a variety of housing choice and broaden the selection of apartment living available in the Sutherland Shire.

3.2 Caravan Parks and Manufactured Home Estates The objectives of this direction are: (a) to provide for a variety of housing types, and (b) to provide opportunities for caravan parks and

manufactured home estates.

3.3 Home Occupations The objective of this direction is to encourage the carrying out of low-impact small businesses in dwelling houses.

3.4 Integrating Land Use and Transport The objective of this direction is to ensure that urban structures, building forms, land use locations, development designs, subdivision and street layouts achieve the following planning objectives: (a) improving access to housing, jobs and services

by walking, cycling and public transport, and (b) increasing the choice of available transport and

reducing dependence on cars, and (c) reducing travel demand including the number

of trips generated by development and the distances travelled, especially by car, and

(d) supporting the efficient and viable operation of public transport services, and

(e) providing for the efficient movement of freight.

Yes The planning proposal is consistent as it is within 800m radius of the railway station, services and shopping.

3.5 Development Near Licensed Aerodromes The objectives of this direction are: (a) to ensure the effective and safe operation of

aerodromes, and (b) to ensure that their operation is not

compromised by development that constitutes an obstruction, hazard or potential hazard to aircraft flying in the vicinity, and

(c) to ensure development for residential purposes or human occupation, if situated on land within the Australian Noise Exposure Forecast (ANEF) contours of between 20 and 25, incorporates appropriate mitigation measures so that the development is not adversely affected by aircraft noise.

3.6 Shooting Ranges The objectives of the planning direction are: (a) to maintain appropriate levels of public safety

and amenity when rezoning land adjacent to an existing shooting range,

(b) to reduce land use conflict arising between existing shooting ranges and rezoning of adjacent land,

(c) to identify issues that must be addressed when giving consideration to rezoning land adjacent to an existing shooting range

4. Hazard and Risk 4.1 Acid Sulfate Soils The objective of this direction is to avoid significant adverse environmental impacts from the use of land that has a probability of containing acid sulfate soils.

4.2 Mine Subsidence and Unstable Land N/A 4.3 Flood Prone Land The objectives of this direction are: a) to ensure that development of flood prone land is

consistent with the NSW Government’s Flood Prone Land Policy and the principles of the Floodplain Development Manual 2005, and

b) to ensure that the provisions of an LEP on flood prone land is commensurate with flood hazard and includes consideration of the potential flood impacts both on and off the subject land.

4.4 Planning for Bushfire Protection

The objectives of this direction are: a) to protect life, property and the environment from

bush fire hazards, by discouraging the establishment of incompatible land uses in bush fire prone areas, and

b) to encourage sound management of bush fire prone areas.

5. Regional Planning 5.1 Implementation of Regional Strategies N/A

5.2 Sydney Drinking Water Catchments The objective of this Direction is to protect water quality in the Sydney drinking water catchment.

5.3 Farmland of State and Regional Significance on the NSW Far North Coast

5.4 Commercial and Retail Development along the Pacific Highway, North Coast

5.5 Second Sydney Airport: Badgerys Creek N/A

6. Local Plan Making 6.1 Approval and Referral Requirements The objective of this direction is to ensure that LEP provisions encourage the efficient and appropriate assessment of development.

6.2 Reserving Land for Public Purposes The objectives of this direction are: (a) to facilitate the provision of public services and

facilities by reserving land for public purposes, and

(b) to facilitate the removal of reservations of land for public purposes where the land is no longer required for acquisition.

6.3 Site Specific Provisions The objective of this direction is to discourage unnecessarily restrictive site specific planning controls.

Yes While the planning proposal relates to a specific site, it adopts an existing zone and does not prescribe any site specific controls.

7. Metropolitan Planning

7.1 Implementation of the Metropolitan Plan for Sydney 2036

The objective of this direction is to give legal effect to the vision, transport and land use strategy, policies, outcomes and actions contained in the Metropolitan Plan for Sydney 2036.

Yes The draft plan is consistent with the Planning Direction.

Section C – Environmental, social and economic impact

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?

The land is partially affected by the Endangered Ecological Community – Sydney Turpentine-Ironbark

Forest. The affectation covers an already developed portion of the site, with possible remnant trees

also being located within the front and rear setbacks, as shown in green in the figure below.

Figure 2 Aerial showing the portion of subject land mapped as affected by EEC.

The affectation results in three of the five sites being identified as Environmentally Sensitive Land –

Biodiversity in SSLEP2015. This enacts a number of considerations at the development application

stage to mitigate the impacts of development and ensure the protection and retention of natural

resources throughout Sutherland Shire.

The location of the EEC, being largely along the western and eastern boundary lines, and comprising

of 3-4 trees, allows for development solutions that would not significantly impact the EEC, while also

not inhibiting development of the sites. Further, draft SSDCP2015 contains controls that restrict

development within the front, rear, and side boundaries of these sites where the trees comprising

the community are located. These controls facilitate the adequate protection and retention of the

EEC on the site.

It is considered that the rezoning of the land will not adversely impact the life cycle of the EEC, and

that a viable local population of the species is likely to remain on the subject sites and within the

local area, the community’s location within the local Caringbah area is shown below in green with

the subject land edged in red.

Figure 3 Local of EEC within Caringbah area denoted in green

The composition of the EEC is unlikely to be adversely modified such that it, or any critical habitats

that it houses, are directly or indirectly placed at risk of extinction.

2. Are there any other likely environmental effects as a result of the planning

proposal and how are they proposed to be managed?

No, the proposal is generally minor in nature.

3. How has the planning proposal adequately addressed any social and economic

effects?

The planning proposal is minor and is unlikely to create any adverse social or economic impacts

which could not be mitigated at development application stage.

Section D – State and Commonwealth Interests

1. Is there adequate public infrastructure for the planning proposal?

Yes – The proposal is minor in nature as it is within an area already developed for residential

purposes and, based on preliminary concept plans, will only result in an increase of 95 dwellings.

Significant development proposed through SSLEP2015 within the precinct may result in the need for

public infrastructure; however this issue was addressed through the development of SSLEP2015 and

is not caused by the increases proposed through this Planning Proposal.

2. What are the views of State and Commonwealth public authorities consulted in

accordance within the gateway determination?

The views of State and Commonwealth agencies will be sought through consultation, if required,

following receipt of the Gateway Determination.

PART 4 – MAPS

Land Zoning Map

Figure 4 Current Zoning

Figure 5 Proposed Zoning

Height of Buildings Map

Figure 6 Current Height of Buildings

Figure 7 Proposed Height of Buildings

Floor Space Ratio Map

Figure 8 Current Floor Space Ratio

Figure 9 Proposed Floor Space Ratio

Landscape Area Map

Figure 10 Current Landscaped Area

Figure 11 Proposed Landscaped Area

Lot Size Map

Figure 12 Current Lot Size

Figure 13 Proposed Lot Size

PART 5 - COMMUNITY CONSULTATION In accordance with “A Guide to Preparing Local Environmental Plans’ prepared by the Department of Planning and Environment (2013), it is suggested that the Planning Proposal is a low impact planning proposal as it is consistent with the pattern of surrounding land use zones and/or land uses, consistent with the strategic planning framework, presents no issues with regard to infrastructure servicing, is not a principal LEP and does not reclassify public land. This would result in an exhibition period of 14 days. It is proposed that the exhibition will include:

Advertisement in local newspaper An advertisement will be placed in the Council page in the St George and Sutherland Shire Leader and The Liverpool City Leader identifying the purpose of the planning proposal and where the planning proposal can be viewed. Consultation with affected owners and adjoining landowners. A letter will be send to landowners whose land is affected by the planning proposal, and adjoining landowners. Opportunities for one-on-one consultations to discuss the proposals will be offered to interested parties. Displays at the Council Administration Building and local libraries The planning proposal will be displayed at the Council Administration Building, 4-20 Eton Street, Sutherland and in all branch libraries (located in Bundeena, Caringbah, Cronulla, Engadine, Menai, Miranda, Sutherland and Sylvania) Advertisement on the Council website The planning proposal will be exhibited on the Council website (www.sutherlandshire.nsw.gov.au) with links from the home page. Direct contact Interested parties will be able to contact the Strategic Planning Unit of Council directly through a telephone hotline and through a dedicated email address.

PART 6 - PROPOSED TIMELINE The following timeframes are proposed:

Milestones Timing

1. Gateway Determination April 2016 2. Exhibition Start May 2016 3. End Exhibition June 2016 6. Review and Consideration of submissions June/July 2016 7. Report to Committee on submissions August 2016 8. Council Meeting September 2016 9. Request for draft instrument to be prepared October 2016

General Manager Sutherland Shire Council Locked Bag 17, Sutherland NSW 1499 For attention: Mr Mark Carlon, Manager Strategic Planning Dear Sir/Madam Reference 2016/244250 Proposed Development at 87-97 Willarong Road, Caringbah At a special meeting of the Parents & Citizens Association (P&C) of Caringbah High School (CHS), the combined parents determined by resolution that we oppose the proposed amendment to the Sutherland Shire LEP 2015 to rezone land at 87-97 Willarong Road, Caringbah from R2 Low Density Residential to R4 High Density Residential. We note the proposed development adjoins Caringbah High School, and is significant in bulk and scale; and we believe it will considerably impact the operations of the school, both during the construction phase and when completed. We wish to inform Sutherland Council that this view is held for the following reasons:

1. The proposal raises significant enough planning questions that it should be addressed thoroughly via the next LEP, rather than as a one off increase in zoning density;

2. The proposal fails to adequately consider or address safety and amenity issues that will negatively impact CHS students and their families;

3. The proposal, if approved, will create a precedent for incremental zoning changes in the area that will likely result in additional non-conforming applications and planning uncertainty, while limiting the options for a more comprehensive plan.

We lay out below some additional details regarding our position, but would welcome the opportunity to engage in a detailed discussion with Council to fully present our views: 1. Narrowly focussed planning policy. We believe that this individual rezoning request is

poor planning and will result in inferior community outcomes, and would be best addressed via the full LEP process and not as a one off zoning change. Specifically, we understand:

Caringbah High School Parents & Citizens’

(i) The site was considered for higher density, but NOT included in the LEP adopted in 2015 by Sutherland Shire Council. Approving the rezoning now avoids the full planning review of the LEP process.

(ii) The incremental development has been presented as being an extension of the Caringbah Centre Strategy that resulted in the Caringbah North Precinct but is acknowledged by council as being outside of that scope.

(iii) The proposal is assessed as addressing a “mid-block” transition issue, but actually leaves the same issue in place in regards to CHS, while limiting the options for alternate transition strategies.

Essentially the CHS P&C acknowledge the need for higher density centres where appropriate in our community, but believes that the Caringbah North Precinct within the 2015 LEP provides adequate opportunities for this at this time. The premature increase of this land zoned for higher density is not required to meet Council’s strategic goals, and should be left for more thorough and comprehensive consideration.

2. Safety issues not addressed. We believe there are fundamental safety issues – and our

primary concern is of course for our students - that have not been properly addressed in the area, and should be prior to any further increases in zoning density.

3. Traffic. The area is significantly constrained from a traffic perspective.

(i) With main roads on 3 sides (Captain Cook Drive, Taren Point Road, and the Kingsway), and no cross roads within the block, there are limited access points, which result in the channelling of traffic along Willarong Road heading north. Traffic can already get dangerously backed up with cars trying to enter Captain Cook Drive from Willarong Road after school events, etc.

(ii) While the premise of the Caringbah North Precinct is that access to Caringbah train station will create opportunities for increased use of public transport, residents in the precinct will inevitably maintain cars for their other transport needs. We do not believe that Council has adequately assessed the likely impact of these future traffic demands at this time, and should refrain from further complicating the traffic situation until such time as the land already zoned for higher density as part of the Caringbah North Precinct has been developed.

(iii) Given Caringbah High School’s role as a regional Selective High School, Council needs to consider that the existing traffic at the school is potentially different from other schools. As a selective high school, the CHS percentage of out of area students is much higher than most local high schools, and while many of those students take advantage of public transport, there are also families with no choice but to drive, especially for pre or post school activities;

(iv) Many CHS students as learner drivers in years 11 and 12 use the school commute as a way to build their driving skills and hours. Many Year 12 students will drive to school given the more varied schedules of their HSC preparations. Both of these factors result in having a disproportionate number of inexperienced drivers

on Willarong Road, who will potentially be put at risk from an inadequately planned increase in traffic.

4. Parking. There are already issues with inadequate parking in the vicinity of the school,particularly around evening events at the school, whether school related, or through thebroader communities’ use of the school grounds as part of our community engagement.The same concerns exist that inadequate consideration has been given to parkingconstraints, and that rather than incrementally increasing density, Council should deferuntil consideration of the next LEP.

5. Garbage collection. On current garbage collection days, there are a very large numberof bins on the roadway, which create further traffic hazards. The incremental expansionof zoning density, will exacerbate this hazard to pedestrian and vehicular movementsalong Willarong Road, and should not be undertaken until existing issues are resolvedthrough the development applications for the existing precinct.

6. Pedestrian access. We are particularly concerned with student safety as pedestrianswithin this zone. While sidewalks exist on Willarong Road, the School has a very highvolume of pedestrian traffic with students walking to and from Caringbah train station atthe start and end of the school day. This foot traffic is highly concentrated in time, andunfortunately often exceeds the capacity of the existing footpath, creating risks to ourstudents. The existing Caringbah North rezoning also suggests significant foot traffic toand from the station, and we are not aware of any plans to upgrade the alreadyinadequate pedestrian infrastructure. Increased vehicle traffic entering or travellingalong Willarong Road will make the existing crossings more hazardous, and we believethese risks should be fully explored before any further increase in zoning density isapproved.

7. Overlook issues. While not yet at a stage of being a development application, theproposal, combined with existing zoning, would appear to result in the limited outdoorareas of CHS being surrounded on 3 sides by high density development. Overshadowingof the school grounds, combined with continuous surveillance of the grounds by thenew residences, does not maintain the school amenity in a manner supportive of theSchool’s mission as one of the State’s highest performing secondary educationinstitutions.

The proposed development overlooks Caringbah High School and this raises privacy, child protection and security concerns. The loss of privacy from direct overlooking of the school site is a child protection issue that needs to be mitigated through planning measures.

In short, there are existing safety issues related to the already planned expansions of density resulting from the Caringbah North Precinct in the current LEP; and we believe that further increases in density which could negatively impact those safety issues should be deferred until they can be considered as part of a thorough review at the next LEP.

8. Precedence issues. An approval of this rezoning, would inevitably result in additionalnon-conforming applications from developers and/or owners on the east side ofWillarong Road.

Having approved a one off change of zoning for the proposed site, Council would haveestablished a precedent for the area that would make it difficult to refuse futureapplications, or to require appropriate planning and safety considerations to beaddressed for those sites at a future date.

Conclusion

As stated, the P&C of Caringbah High School oppose the proposed rezoning of 87-97 Willarong Road Caringbah from R2 Low Density Residential to R4 High Density Residential.

We believe that rather than approving this proposed rezoning in a singular manner, Council should engage in sustained consultation and engagement with the Caringbah High School and Caringbah North Public School communities, local residents and landowners, as well as the relevant state departments for education and transport, to develop a more comprehensive plan for how the Willarong Road area north of the current Caringbah North Precinct should be developed, and then take that plan forward as part of the next LEP.

As we have been advised by our local Councillors that they are already being asked to start the next LEP process, it seems inappropriate and premature to take the risk of rushing through this zoning change on a stand-alone basis that will result in exceptionally inferior community outcomes.

The P&C of Caringbah High School has created a standing sub-committee to engage with Council on this proposal and related planning issues in the immediate area of the School, and we would be happy to discuss in more detail, or to engage in an ongoing planning dialogue as part of the next LEP.

The Council can make contact with the P&C via my mobile phone number and email address below or through Caringbah High School.

We thank you in advance for your consideration of our views on this proposal.

Sincerely,

Barry Munns President Parents & Citizens Association - Caringbah High School

2 August 2016

Ph. E.

The rezoning of this area flys in the face of the recently agreed LEP. Re Zoning to this

level will impact on the overall amenity of the surrounding properties including the

school.

Public transport is limited , street width is limited which will lead to increased

pressure on the local infrastructure. There is no reason to increase the density in this

area given this proposed re zoning will create an outlier in the zoning of the precinct

without appropriate infrastructure.

Date of contribution: Aug 22 16 12:37:22 pm

Contributor Name: Cronulla concerned

Appendix C – Results of Public Exhibition of Planning Proposal to Rezone 87-97 Willarong Road, Caringbah (Draft Amendment 5 to SSLEP2015) Detailed Discussion of Submissions

• Privacy, overlooking and safety

All three submissions express concern about the loss of amenity for the surrounding properties,

particularly the Caringbah High School. Two submissions note that the proposed rezoning will result in

the school being surrounded on three sides by high density residential development. These submissions

suggest the school will be impacted on during and after construction, particularly by overshadowing of the

school grounds by new developments. Concern is raised regarding the potential for overlooking from

residential flats to the school grounds, suggesting this will minimise privacy for the children and potentially

raise child protection, safety and security issues. One of the submissions suggests a number of

measures which could be introduced during the design of future development to mitigate these issues

such as window screening and balcony positioning.

The concern for the potential for overlooking of students using the school playground and a loss of

privacy is understandable; however, fear of inappropriate behaviour is not a matter that can be given

significant planning weight. The Land and Environment Court has previously considered similar matters

and determined that, “…unfounded fears of impacts on amenity (however widespread) cannot be material

to planning assessment “(Milne v Minister for Planning (No 2) [2007] NSWLEC 66). The concern about

overlooking is not a valid reason to exclude high density development on adjacent land. Schools in an

urban context cannot reasonably expect that there will be no increase in density on surrounding land.

Development on the land to be rezoned requires development consent. All development applications are

the subject of a detailed assessment. This assessment will take into account possible overshadowing and

overlooking impacts on adjoining properties and the public domain in order to ensure reasonable

outcomes are achieved.

Good design and the implementation of a number of the suggested design elements can facilitate

appropriate passive surveillance and to help mitigate the impact of development on adjacent land.

Greater setbacks are required for residential flat buildings compared with other building forms. This can

allow for landscaping and screen planting which may assist in maintaining some privacy for the school.

Greater setbacks also offset the potential impacts of greater permissible height, in particular to ameliorate

the effects of overshadowing and overlooking. Due to the size of the school campus and the arrangement

of the built form, many recreational spaces are available to students. However, even with sensitive

development there will be impacts on existing development as the precinct changes.

• Traffic, Parking and Infrastructure Capacity

The anticipated increase in traffic and the inadequacy of the existing infrastructure is highlighted as a

concern in all three submissions. Two submissions highlight the likely increase in traffic resulting from the

number of approved, pending or anticipated future developments at the southern end of Willarong Road.

These suggest that no further increases in density should be permitted until the full impact of the current

level of development is understood. One of these submissions suggests that there is a need for a plan to

ensure both pedestrian and driver safety. Another submission suggests the width of the local streets in

the vicinity cannot support the increased density proposed.

A submission notes that the traffic situation for Caringbah High School differs greatly to other local high

schools as its selective nature draws students from a wider catchment. The submission notes that there

are a high number of inexperienced drivers on Willarong Road as provisional and learner drivers drive to

school. It also highlights the constrained nature of the site and the traffic and parking difficulties

experienced around the school, particularly during evening school or public events. The submission

suggests the incremental changes to the zoning of the area does not allow for accurate consideration of

parking constraints.

It is acknowledged that the increase in density are likely to result in an increase in traffic movements.

Using rates set out in the RMS Guide the Traffic Generating Development an increase of 164 trips per

day is estimated to be created by the 108 dwellings which may be accommodated on the land; however

actual trips may be higher as the Guide does not reflect the local circumstances of car usage. As a

proportion of increased density already approved along Willarong Road, and anticipated in the broad

Caringbah North Precinct, the proposed rezoning will not add significantly more to the anticipated traffic

movements. Traffic resulting from the increased density is likely to also have differing peak periods to

school's peaks. As these peaks would likely not align, the potential impact on student safety and

pedestrian movements would be reduced. Any potential conflict between traffic on Willarong Road,

entry/exit points of both the future development and school, and pedestrian movements can be examined

at the development application stage where more detailed information is provided.

On-site parking is required for all new residential flat buildings, as outlined in Council’s DCP. While there

may be demand beyond the car parking provided on site, this is likely to result in cars parked on street at

alternate times, with the school’s parking needs primarily during the day and resident’s parking in the

evening.

As a requirement of the Gateway Determination for this Planning Proposal, Council consulted with public

authorities who manage the infrastructure provision beyond Council’s control. Transport for New South

Wales did not raise any objections to the proposal.

• Pedestrian Access on Willarong Road

Two submissions suggest the existing footpath along Willarong Road is inadequate for the current

pedestrian traffic and will not be capable of accommodating an increase in pedestrian movements

resulting from increased density in close proximity to the school. A submission notes the significant

number of students who walk from Caringbah High School to Caringbah station via Willarong Road. The

submissions express concern that pedestrian safety will be compromised and that the incremental

change proposed does not allow for adequate consideration of the impacts. The submissions suggest

that an overall plan be developed to address pedestrian safety prior to any future increase and

residential density. The submission suggests that inclusion of actions such as the removal of vegetation

and relocation of pedestrian crossing points in such a plan.

In anticipation of increased density in the precinct, Council’s Draft DCP for Caringbah North Residential

Flat Precinct includes a scheme for public domain improvements consistent with Sutherland Shire’s

Public Domain Design Manual. The Design Manual notes redevelopment and densification of this precinct

will generate a need for substantial public domain improvement. The Design Manual outlines the future

street character for Willarong Road as a tree lined street with a high level of pedestrian amenity and

landscape quality, including new footpaths, new cycle lane, new street tree planting and undergrounding

of existing overhead utilities. The provision of a bike lane on the western side of Willarong Road will add

to the pedestrian safety of students who will be further removed from the vehicular traffic movements

along Willarong Road. These improvements are to be progressively rolled out as the precinct is

redeveloped.

• Garbage Collection

Two submissions highlighted concern with garbage collection as the large number of individual bins

encumber pedestrian movement and create traffic hazards. One submission requests a move to the use

of 'skip' style bins.

Council’s DCP sets out the waste requirements for residential flat buildings. If the width of all bins

required does not exceed 50% of the lot width, regular garbage bin collection can be pursued. If the total

bins required exceed 50% of the lot width, other on site collection methods are to be pursued; this may

include bulk waste collection. While the potential for a large number of bins on street for garbage

collection is highlighted by the submission, the waste requirements of residential flat buildings are

resolved on a case by case basis at Development Application stage. This should not prevent the

progression of the planning proposal.

• Planning approach and precedence issues

All three submissions questioned the appropriateness of rezoning this land through a site specific

proposal, rather than as part of a more comprehensive LEP. One submission objected to the planning

proposal as it was seen to be beyond the agreed upon LEP, while another suggests that a site specific

planning proposal leads to poor community outcomes. Both submissions highlight the recent completion

of SSLEP2015 and the community agreement reached prior to the making of this LEP. Another

submission argues that if all the properties in the precinct were to have the same zoning, this should have

occurred in SSLEP2015. The submissions argue that rezoning in a comprehensive LEP would allow for

better consideration of the impacts of the redevelopment of the other properties in the precinct before

rezoning more land. A submission expresses concern that rezoning this land will set a precedent for other

“non-conforming” applications along Willarong Road.

The proposed rezoning was land included in the second exhibition of draft SSLEP2015. During this period

no submissions were received which objected to the proposal. However, the rezoning was not included in

SSLEP2015 as gazetted in response to the recommendations of the Independent Review into the LEP.

The progression of this rezoning as a standalone planning proposal allows for the focus of planning

consideration and consultation to be wholly about the site and the anticipated impacts. A standalone

planning proposal also allows for greater detail to be made available to the community. The Planning

Proposal includes a series of conceptual plans and shadow analysis for the site, which may not be

provided if the site were a component of a larger LEP. These indicate some overshadowing of properties

on the eastern side of Willarong Road at 3pm on 21st June (midwinter). The property immediately to the

south is most impacted, with some overshadowing all day on 21st June. However, this may be mitigated

through the design process.

Council accepting and supporting this Planning Proposal does not set a precedent for future applications.

This proposal has previously been exhibited as part of the comprehensive LEP process. The rezoning

has been accepted as a Planning Proposal lodged on behalf of the owners of the land. Each individual

Planning Proposal is required to provide justification for, and documentation supporting, the proposed

rezoning, Each proposal is individually considered on its merits by Council staff prior to being reported for

Council's consideration.

Should Council fail to consider or refuse a Planning Proposal lodged, the applicant may pursue a pre-

Gateway Review through the Department of Planning and Environment. This would allow the matter to

progress without full consideration of the proposal by Council which the standard Planning Proposal

process allows. The rezoning in a standalone Planning Proposal is the most appropriate method for

progressing the amendment to the LEP.

PLN005-17 REVIEW OF TREE REMOVAL APPLICATION FEE

Attachments: Nil

EXECUTIVE SUMMARY

• In July this year Council considered a report, Green Streets Program (EHR003-17). As part of

this report Council resolved to set a fee for applications to remove trees.

• In accordance with Section 610F of the Local Government Act 1993, the proposed fee was

advertised in the Leader for 28 days. Council received 13 submissions.

• It is recommended that Council adopt the fee structure identified in this report.

That the proposed fee of $150 for tree removal applications, with a 50% Pensioner discount, as

advertised, be endorsed and included in the 2016/2017 Schedule of Fees and Charges.

PURPOSE

The purpose of this report is to inform Council on the results of public exhibition of the proposed fee

for tree removal applications and to seek Council's consideration in respect of what fee should be

adopted.

BACKGROUND Report EHR003-17 provided information to Council that a large number of trees are being removed

within the Shire and proposed a strategy on how to address the issue. The reasons for large numbers

of trees being removed are ageing stock, the 10/50 bushfire protection legislation and increased

development pressure. If not addressed the inherent landscape and unique character of the Shire will

be dramatically altered with the removal of between 6,000 and 7,000 trees annually.

The report EHR003-17 proposed an application fee for tree removal applications be introduced, as

well as offset planting payments and fine revenue as a means of funding replacement planting with the

goal of achieving no net canopy loss. Council resolved to introduce a fee for applications to remove

trees. Prior to the Council resolution, applications to remove trees were at no charge to property

owners, subsidised from general revenue.

DISCUSSION

An application is required to remove a tree by virtue of provisions in Council's Local Environmental

Plan. There are certain exemptions where an application is not required such as pruning up to 10%

annually; removal of tree identified as an immediate danger by suitably qualified persons; removal of

branches overhanging dwellings and certain species are exempt.

The charging of a fee for an approval required by legislation should not be so unreasonable as to

cause financial hardship and should be relative to the cost of the service provided. From the

responses received during the consultation period, there is concern about the current impact on the

tree canopy and that the fee of $150 per application is excessive considering there may be further

costs involved for removal and offset planting.

Fees in other local government areas vary widely. Comparative rates are listed below:-

Hornsby Council - 1 to 3 Trees $163, Pensioner $75 (Pensioner Card must be

supplied)

- 4 to 10 Trees $205, Pensioner $93 (Pensioner Card must be

supplied)

Georges River Council - Per application $50, Pensioner $0 (Pensioner Card must be

supplied)

Canterbury - Bankstown Council - 1 to 10 Trees $80, Pensioner $40 (Pensioner Card must be

supplied)

- 11 to 15 Trees $120, Pensioner $60 (Pensioner Card must be

supplied)

Wollongong Council - $70 per application, Pensioner $35 (Pensioner Card must be

supplied)

The fee proposed is within the general vicinity of those charged by neighbouring councils.

The recommended fees do not equate to cost recovery, which is estimated to be $200 on average per

application, depending on the location of the property and the number of trees to be inspected.

CONSULTATION

In accordance with the Local Government Act the proposed fee was advertised in the Leader

newspaper and on Council's website for 28 days over August/September.

Thirteen submissions were received. Eleven submissions raised concerns that the fee was too high in

various detail. One of these submissions advised of comparable fees and highlighted the disparity.

Two submissions supported the fee on the basis that a fee may reduce the number of trees being

removed in the Shire and raised concerns about the loss of trees. The response rate was low relative

to the population of The Shire.

The funds generated from the proposed fee would be directed toward the Green Streets tree planting

program. If the fee is not implemented the program would need to be curtailed or funds redirected

from another project or service.

POLICY

The Community Strategic Plan primary strategy "Protect our Environment" clearly reflects the

community’s vision and wishes for no net canopy loss.

CONCLUSION

At the conclusion of the exhibition period there were 13 submissions received, 11 believing that the

fee is too high. The fee is below cost recovery, comparable with the fee charged by other councils

and similar to fees charged for similar services elsewhere within Council (e.g. for pool fence

inspections). It is recommended that the advertised $150 fee with a 50% pensioner discount be

adopted.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager Environment, Health &

Building, Michael Ryan, who can be contacted on 9710 0131. File Number: 2015/87420

Shire Planning Committee Meeting...2016/11/07 · 5. PRESENTATIONS 6. REPORTS FROM OFFICERS...

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