Planning for Growth in Nowra-Bomaderry

Amendment No. 28 to Shoalhaven Local Environmental Plan 2014 was notified on the NSW Legislation website on Thursday 9 April 2020.

The LEP amendment clarifies the operation of Clause 6.5 for lots within an Urban Release Area that also have split zoning, i.e. a residential zone (such as R1 General Residential) and either a rural or environmental protection zone (RU1 Primary Production, RU2 Rural Landscape, E2 Environmental Conservation or E3 Environmental Management).

The amendment enables the subdivision of one or more residue lots (zoned either RU1, RU2, E2 or E3) below the minimum lot size applying to that land. It also removes the former Subclause 2 relating to the erection of dwelling houses on residual lots, and maps a reduced minimum lot size for the non-urban zoned portion of three lots within the Moss Vale Road North URA to facilitate a dwelling entitlement under Clause 4.2D of Shoalhaven LEP 2014.

Other residue lots need to satisfy the provisions of LEP Clause 4.2D, for the erection of dual occupancies (attached) and dwelling houses on residual lots zoned RU1, RU2, E2 and E3. The amended clause and lot size map can be found in the Shoalhaven LEP 2014 on the NSW Legislation website.

On Tuesday 3 December 2019, Council’s Development & Environment Committee considered a report on the public exhibition of a Planning Proposal to amend Clause 6.5 of Shoalhaven Local Environmental Plan (LEP) 2014.

The report and minutes are available at shoalhaven.nsw.gov.au/My-Council/Council-meetings/Agendas-and-minutes with the resolution provided below:

1. In response to the submission received during the public exhibition period:

a. Amend the exhibited Planning Proposal (PP032) by including the following changes to Shoalhaven LEP 2014 Lot Size Map Sheet (LSZ_013D) for the RU1 (non-urban zoned) portion only of the following lots:

i. Lot 5 DP 618693, 202 Bells Lane – reduce the minimum lot size from 40ha to 3ha.
ii. Lot 7 DP 618693, Bells Lane – reduce the minimum lot size from 40ha to 7ha.
iii. Lot 2 DP 1134376, 112 Bells Lane – reduce the minimum lot size from 40ha to 3,000m².

b. Liaise with the NSW Parliamentary Counsel’s Office, as part of the legal drafting process, to enhance the readability of the proposed amended Clause 6.5 by potentially following a similar structure to other clauses which outlines the objective, the land to which the clause applies and the specific provisions of the clause.

2. Forward the revised final PP032 to the NSW Department of Planning, Industry and Environment (DPIE) for consideration.

3. If necessary, undertake a further public exhibition of the revised PP in accordance with legislative and Gateway determination requirements, and receive a further report following the conclusion of the public exhibition period.

If re-exhibition is not required, adopt PP032 as amended by part 1(a) above, and forward to the NSW Parliamentary Counsel’s Office to draft the amendment to Shoalhaven LEP 2014 and make the resulting amendment to the LEP using Council’s delegation.

4. Advise all affected landowners, and those who made a submission, of this decision.

Council was not required to re-exhibit the Planning Proposal and is currently liaising with NSW Parliamentary Counsel to draft the amendment to Shoalhaven LEP 2014.

A further update will be provided once the amendment has been notified on the NSW Legislation website.

17 September 2019

A Proponent Initiated Planning Proposal, for Lot 1 DP 949932 Taylors Lane Cambewarra, was considered at Council’s Development and Environment Committee Meeting on Tuesday 2 September 2019.

At the meeting it was resolved that Council (MIN19.614):

1. Accept the proponent initiated Planning Proposal for land within Lot 1 DP 949932, Taylors Lane, Cambewarra as a possible ‘major’ Planning Proposal that Council will take forward dependent of the outcome of Part (2) of this resolution.
2. Undertake an independent Riparian Lands Study for the subject land, at the proponent’s expense, that includes rigorous assessment of the riparian land function and watercourse classification.
3. If the outcome of the Riparian Lands Study shows the PP has merit to proceed, develop a Planning Proposal in Council’s format, for submission to the NSW Department of Planning, Industry and Environment (DPIE) for initial Gateway determination, and report back to Council when a response is received.
4. Receive a further report to determine how to proceed, if the Riparian Lands Study does not provide clear justification for the Planning Proposal.

A copy of the Council report and minutes from the meeting are available at https://shoalhaven.nsw.gov.au/My-Council/Council-meetings/Agendas-and-minutes

If you need further information about this matter, please contact Thomas Trezise, Strategic Planner – Local Planning Team on (02) 4429 3477. Please quote Council’s reference 60737E.

27 August 2019

A report regarding a Proponent Initiated Planning Proposal for Lot 1 DP 949932, Taylors Lane Cambewarra is scheduled to be considered at Council’s Development and Environment Committee Meeting of Tuesday, 3 September 2019.

You can confirm this matter will be considered at this meeting by viewing the agenda and report. These documents will be available to view on the afternoon of the Friday prior to the meeting at: http://shoalhaven.nsw.gov.au/mycouncil/Councilmeetings/AgendasandMinutes.aspx

The meeting is open to the public and will be held in the Council Chambers at the City Administration Centre, Bridge Road, Nowra, commencing at 5pm. The Meeting can also be viewed via live stream. Information about accessing the live stream can be found at: https://webcast.shoalhaven.nsw.gov.au/

Any enquiries on making representations to the Meeting should be:

• Submitted online at http://shoalhaven.nsw.gov.au/My-Council/Council-meetings/Deputations-Council-Meetings; or
• Directed to Council’s Executive Support Manager on (02) 4429 3264.

If you need further information about this matter, please contact Thomas Trezise, Strategic Planner – Local Planning Team at Shoalhaven City Council on (02) 4429 3477. Please quote Council’s reference 60737E.

21 August 2019

A Planning Proposal (PP032) that seeks to amend Clause 6.5 in Shoalhaven Local Environmental Plan (LEP) 2014 will be on public exhibition from Wednesday 21 August until Friday 6 September 2019 (inclusive).

The Planning Proposal applies to land that is partly or wholly within an Urban Release Area (URA) under Shoalhaven LEP 2014. The amendment seeks to rectify an anomaly in the current Clause 6.5 to enable the creation of a ‘residue lot’ containing land zoned RU1, RU2, E2 or E3 as a result of the subdivision of land in an URA.

Council resolved (MIN18.8) to support the preparation and submission of the Planning Proposal (PP) on 22 January 2018. The original PP was revised following consultation with the NSW Office of Environment and Heritage (OEH). A revised PP was submitted to the NSW Government on 5 June 2019 and a Gateway determination enabling the PP to proceed was received on 24 July 2019.

The Planning Proposal is available at Council’s City Administration Centre, Bridge Road, Nowra, the Ulladulla Administration Building and online at https://shoalhaven.nsw.gov.au/My-Council/Public-exhibition/Documents-on-exhibition

Invitation for submissions:

Submissions quoting Council reference 57476E can be lodged in writing to: The General Manager, Shoalhaven City Council, PO Box 42, Nowra, NSW, 2541; or emailed to council@shoalhaven.nsw.gov.au

All submissions must be received in writing before 5pm Friday 6 September 2019.

Submissions may become public documents and may be viewed by other persons on request. All persons who lodge a submission are required to declare any relevant political donations and/or gifts in accordance with Section 10.4(5) of the Environmental Planning and Assessment Act 1979.

8 August 2019

On Tuesday 6 August 2019, Council’s Development & Environment Committee considered a report on the Land Owners Group Package of Information for the Moss Vale Road North Urban Release Area.

The minutes are available at shoalhaven.nsw.gov.au/My-Council/Council-meetings/Agendas-and-minutes with the resolution provided below:

1. Acknowledge the work undertaken by the proponent group and give ‘in-principle’ support to the current package of information for the Moss Vale Road North Urban Release Area being used as the basis for the detailed supporting plans, including the Planning Proposal Background Report being used as the basis for preparing a Planning Proposal to amend Shoalhaven Local Environmental Plan 2014.
2. Prepare and submit the Planning Proposal to the NSW Department of Planning, Industry and Environment for Gateway determination and if necessary, receive a further report following receipt of the Gateway determination.
3. Formally commence the preparation of a Development Control Plan Chapter and Contributions Plan for the Moss Vale Road North Urban Release Area as required by Part 6 of Shoalhaven Local Environmental Plan 2014.
4. Continue to work with the Moss Vale Road North Owners Group to discuss opportunities highlighted in the report and resolve the issues identified in this report and through initial staff referrals as the Planning Proposal, Development Control Plan Chapter and Contributions Plan are advanced and prepared.
5. Investigate biodiversity certification for the Urban Release Area with a further report to be provided to Council in due course.
6. Investigate the preparation of an affordable housing contribution scheme under the SEPP 70 Affordable Housing (Revised Schemes) for the Urban Release Area and opportunities more generally to ensure affordable housing outcomes in the area.
7. Investigate and report back on potential suburb naming options for the Moss Vale Road North and Moss Vale Road South Urban Release Areas.

Council will now commence work on the draft Planning Proposal, Development Control Plan Chapter and Contributions Plan for the Moss Vale Road URA. Further updates on the progress of these plans will continue to be provided on this page.

1 August 2019

A report on the Land Owners Group Package of Information for the Moss Vale Road North Urban Release Area will be considered by Council’s Development & Environment Committee on Tuesday 6 August 2019.

A copy of the report will be available on Council’s website on Friday 2 August 2019 at: https://shoalhaven.nsw.gov.au/My-Council/Council-meetings/Agendas-and-minutes

The Meeting is open to the public and will commence at 5.00pm in the Council Chambers within the City Administrative Centre, Bridge Road, Nowra.

Any enquiries on making representations to the Meeting should be:

• Submitted online at http://shoalhaven.nsw.gov.au/My-Council/Council-meetings/Deputations-Council-Meetings; or
• Directed to Council’s Executive Support Manager on (02) 4429 3264.

11 June 2019

Council has recently received a package of planning information relating to the Moss Vale Road North (MVRN) Urban Release Area (URA) from the Moss Vale Road North Owners Group.

The draft package of information has been prepared following Council’s decision in August 2017 to commence the detailed planning work for the MVRN URA. The submitted package includes detailed technical investigations related to the development of the area, a draft Development Control Plan (DCP) and justification for a proposed Planning Proposal (PP) to adjust zone boundaries within the URA.

The submitted package of information is available to review, should you wish, on Council's website.

Please be advised that Council has not yet endorsed the package of information or resolved to take it forward. A report on the package of information is expected to be considered at Council’s August Development & Environment Committee Meeting on Tuesday 6 August 2019. This will be the first formal opportunity for Council to consider the package of information and resolve whether or not to proceed with preparing the PP, DCP and Contributions Plan (CP) which are required to ‘release’ the land for development and enable development applications for residential subdivision to be considered.

A formal opportunity to provide comments and feedback will be provided during the public exhibition of the PP, DCP and CP – expected in late 2019. Stay subscribed for future updates.

31 May 2019

Council has received a Planning Proposal (PP) to extend the Moss Vale Road South Urban Release Area (MVRS URA) boundary and rezone land within Lot 1 DP 949932, at Taylors Lane, Cambewarra.

The document has entered into the ‘Preliminary Community Engagement’ phase, as per Council’s Planning Proposal (Rezoning) Guidelines.

Public submissions are invited between Monday 3 June 2019 and Monday 1 July 2019. All submissions must be received in writing and should be addressed to: the General Manager, Shoalhaven City Council, PO Box 42, Nowra NSW 2541 or emailed to council@shoalhaven.nsw.gov.au

To view the submitted PP document, visit Council’s City Administration Centre, Bridge Road, Nowra or visit shoalhaven.nsw.gov.au/Planning-amp-Building/Strategic-planning/Planning-Proposals

It is noted that the submitted document includes discussion relating to a proposed subdivision layout/development concept. The proposed subdivision layout/development concept should not be considered as part of the PP.

Only a preliminary review of the PP document has been undertaken. All submissions received will form part of the detailed review of the PP document. Please be advised that Council has not made a decision whether or not to support this PP at this stage.