Warrah Road, Bangalee – Planning Proposal PP005

Map Amendment No. 7 to Shoalhaven Local Environmental Plan 2014 was notified on Friday, 10 February 2023. The Amendment is available on the NSW legislation website at www.legislation.nsw.gov.au for viewing.

The Planning Proposal documentation is available on the NSW Planning Portal at PP005 - Warrah Road, Bangalee.

The online mapping is available for viewing at Council’s website. Please be aware, the mapping on the NSW Planning Portal may take additional time to update.

Certification Application (BCA)

The updated BCA and Biodiversity Conservation Assessment Report (BCAR) were exhibited concurrently with the PP in accordance with ‘best practice’ and no submissions were received. The Application will be determined by the NSW Minister for Environment and Heritage.

Next Steps

Part 6 (Urban Release Areas) of the LEP applies to the Warrah Road URA layer (illustrated in the attached plan) and requires that a DCP and infrastructure planning arrangements are in place before the land can be released/subdivided. In this regard, Council also resolved (MIN19.289) that the release of the land under Part 6 of the LEP should not occur “until after BOTH the duplication of the Princes Highway/Shoalhaven River Bridge and the Far North Collector Road are complete”. Council’s position on timing will be reconsidered after the bridge duplication and Far North Collector Road projects have been completed and reviewed.

At the appropriate time, staff will seek Council support to formally commence preparation of the DCP and to involve the local community in that process.

Council has considered the post-exhibition Report (CL22.394) (Exhibition Outcomes and Finalisation – Planning Proposal (PP005) – ‘Deferred’ Land at Warrah Road, Bangalee and at the Ordinary Meeting (MIN22.582) on 12 September 2022 resolved to:

1. Adopt and finalise the revised Planning Proposal (PP005) as exhibited between 15 June and 18 July 2022.
2. Forward PP005 to the Office of the NSW Parliamentary Counsel (PCO) with a request to draft the amendment to Shoalhaven LEP 2014.
3. Make the resulting amendment to Shoalhaven LEP 2014 (SLEP) using Council’s delegation.
4. Issue a final invoice for the balance of fees outstanding, to be paid by the proponent prior to making the LEP amendment.
5. Recognises the importance of communication and community engagement during the Planning Proposal process and posts a ‘Newsfeed” update to the ‘Get Involved’ project page and advise all subscribers and the proponent of this resolution.
6. Advise submitters of Council’s decision once the LEP amendment has been notified.

Next Steps: Accordingly, staff will undertake the necessary actions to amend the Shoalhaven LEP 2014 mapping. When the LEP Amendment has been made, all submitters will be advised in writing in accordance with Council’s decision. This process will rezone the land and identify the future Urban Release Area.

However, the land cannot be released for development until the provisions of Part 6 of the LEP have been satisfied. This includes, but is not limited to, completion of the Shoalhaven River Bridge duplication, the Far North Collector Road and adoption of a Development Control Plan (DCP) for the site. Council will engage with the community again when work on the draft DCP is scheduled to commence.

A report on the outcomes from the re-exhibition of the Planning Proposal (PP005) for Deferred land at Warrah Road, Bangalee, and the associated Biodiversity Certification Application, is expected to be considered at Council’s Ordinary meeting on Monday 12 September 2022.

You can access the report on Council’s Agendas and Minutes webpage from the afternoon of Thursday, 8 September 2022.

The meeting is scheduled to start at 5:30 pm and will be held in the Council Chambers at Council’s Administration Building, Nowra. Members of the public are welcome to attend or can watch live streamed on Council's website.

If you would like to deputation regarding this matter, please read the Deputation FAQs on Council’s website and submit an online application form or contact Council’s Governance Team on 1300 293 111. Prior to making a request, please review the report as you will need to advise whether you are making a deputation for or against the report recommendations.

Council is seeking feedback on a revised Planning Proposal (PP005) and Biodiversity Certification Application (BCA) for Lots 21-24 DP 714096 Warrah Road, Bangalee. The revised PP also includes approximately 6,000 m² of unmade Council road situated between the proposed residential area on Lot 24 DP 714096 west of Warrah Road and the existing residential land to the north.

The PP and BCA are public exhibition until Monday, 18 July 2022.

A previous version of this PP was exhibited in May-June 2021. The PP has been substantially reshaped in response to community and Government agency feedback, and achieves better environmental, bushfire protection and planning outcomes than the previously exhibited version.

Viewing the exhibition documents

The exhibition documents can be accessed on Council’s Documents on Exhibition web page and in the Document Library on this web page.

Make a Submission

Feedback on the PP can be made online through the “Feedback PP005” tab on this web page.

Feedback on the proponent’s BCA can be made online through the “Feedback BCA” on this web page.

Or by:

Email: council@shoalhaven.nsw.gov.au
Post: Chief Executive Officer, PO Box 42, Nowra, NSW 2541.

If not using the feedback form, please quote Council’s reference 49462E/6 in your correspondence

Submissions should be received by 5 pm on Monday, 18 July 2022.

To receive updates on this project, subscribe through the 'Stay Informed' tool on this web page.

At the Ordinary Meeting on 14 March 2022, Council considered a report (CL22.119) Exhibition Outcomes – Planning Proposal (PP005) – Revision and Proposed Exhibition – ‘ Deferred’ Land, Warrah Road, Bangalee and RESOLVED (MIN22.170) to:

1. Endorse the revised proposal and modified Local Environmental Plan (LEP) maps contained in this Report and prepare an updated Planning Proposal (PP) that also includes: a. Information about the proposed biodiversity certification of the development land and proposed conservation arrangements for the environmental land as outlined in recommendation 2 below; b. A revised subdivision concept plan 2022; c. Current agency comments.

2. Endorse, in principle, the transfer/dedication of the proposed C2 Environmental Conservation zoned land (part of Lot 24 DP 714096) to Council at the appropriate point in the future with a single, fully costed and funded Biodiversity Stewardship Agreement (BSA), registered on Title.

3. Forward an updated PP to the NSW Department of Planning and Environment (DPE) with a request for a further Gateway extension to permit re-exhibition and finalisation of the PP.

4. Publicly exhibit the updated PP in accordance with legislative requirements and consult relevant agencies (provided Gateway extension is issued), with costs accrued to date to be invoiced and paid by the Proponent prior to exhibition commencing.

5. Concurrently exhibit the Biodiversity Certification Application (BCA) and updated BCAR with the PP for 30 days in accordance with s8.6 of the Biodiversity Conservation Act 2016.

6. Receive a future report on the outcomes of the re-exhibition and proposed finalisation process.

7. Advise the proponent and previous submitters of this resolution.

8. Prepare any future DCP Chapter for the area in accordance with Part 6 of the LEP including requirements for appropriate tree retention within the subdivision area.

FOR: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Watson, Clr Kitchener and Clr Gray AGAINST: Nil

CARRIED

The Council Report, Minutes and the relevant attachments (Page 59 onwards), can be accessed from these links or from the 'Document Library' on this web page. Please note that links to other relevant documents are available on the last page of the Council report (p.97 ) and also within Attachment 2.

Next Steps: An updated Planning Proposal (PP) document is being prepared. The revised PP will be forwarded to the NSW Department of Planning & Environment to request a Gateway extension for additional time to re-exhibit and finalise the PP. Provided a Gateway extension is granted, this webpage will be updated, documents for exhibition will be prepared and the revised PP will be re-exhibited as soon as practical. The Biodiversity Certification Application (BCA) and updated BCAR will also be re-exhibited concurrently with the PP. To encourage and assist with community engagement, this webpage will be maintained throughout the re-exhibition process and beyond to provide an electronic platform for the making of submissions and future project updates.

A report on the outcomes from public exhibition of the Planning Proposal for Deferred land at Warrah Road, Bangalee (PP005) and the results of government agency consultation, is expected to be considered at Council’s Ordinary Meeting on Monday, 14 March 2022.

You can confirm this by checking the agenda which will be available on Council's Agendas and Minutes webpage from the afternoon of Wednesday, 9 March 2022.

The meeting is scheduled to start at 5:30pm in the Council Chambers at Council’s Administration Building. Members of the public are welcome to attend or can watch the meeting via live stream.

Should you wish to make a deputation regarding this matter, please submit an application via the online application form on Council’s website or contact Council’s Governance Team on 1300 293 111. Prior to making a request, you should review the report and the recommendations in the agenda as you will need to advise whether you are making a deputation for or against the report recommendations.

As of 1 December 2021, a reference to an Environment Protection zone E1, E2, E3 or E4 in a document should be taken to be a reference to a Conservation zone C1, C2, C3 or C4.

For further information please see Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021 (nsw.gov.au).

Following the discussions with the RFS, the Planning Delivery Unit (PDU) and Biodiversity Conservation Branch (BCD) of the NSW Department of Planning, Industry & Environment (DPIE), the proponent and Council, the proponent has now been requested to provide:

1. an updated Bushfire Assessment Report that considers the relevant bushfire protection measures of Planning for Bushfire Protection 2019
2. an updated Biodiversity Conservation Assessment Report (BCAR) using the Biodiversity Assessment Method (BAM) 2020
3. a water-cycle management study to support the Planning Proposal.

It is anticipated that the Planning Proposal, including the exhibition outcomes and key issues raised in response to the exhibited PP (12 May – 25 June 2021), will be reported to Council in early 2022, dependent upon timely receipt of the updated reports and the water-cycle management study.

Comments (below) received from the NSW Rural Fire Service (RFS) dated 15 July 2021 stated, in part, that PP005, as exhibited:

“…has not adequately addressed the strategic bush fire planning principles and bush fire study requirements detailed in section 4 of Planning for Bushfire Protection 2019 (PBP) … and that “the NSW RFS [RFS] is not satisfied that the proposal is consistent with the [Ministerial] directions.”.

As a result, discussions have been held involving the RFS, the Planning Delivery Unit (PDU) and Biodiversity Conservation Branch (BCD) of the NSW Department of Planning, Industry & Environment (DPIE), the proponent and Council. Arising from those discussions, the key areas of concern to the RFS have been identified as:

• the extent of interface with adjoining bushland
• perimeter roads are required around the full development footprint
• alternate access essential
• APZs.

It is expected that the outcomes from these discussions and how they can be addressed will be included in a report to Council in early 2022.

Note: The NSW Council Elections are scheduled for 4 December 2021. As the caretaker period commences on 4 November 2021, the project lifecycle has been updated accordingly.

Comments, dated 15 July 2021, have been received from the NSW Rural Fire Service.

To view the comments, please click on the link above or go to the “Agency Comments” folder in the Document Library on this web page.

Please see ‘Important Links’ for a copy of Planning for Bushfire Protection 2019.