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ORDINARY MEETING OF COUNCIL

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This report recommends that the planning proposal to amend clause 4.1B of The Hills LEP 2019 relating to 'housing on small lots' be submitted to the Department of Planning, Industry and Environment for finalization, including post-exhibition amendments. The purpose of this report is to consider the outcomes of the public exhibition of the Planning Proposal and Draft DCP Amendments for Small Lot Homes under Clause 4.1B of The Hills LEP 2019.

SMALL LOT HOUSING (INTEGRATED HOUSING)

Site Planning

Lots more than 30 meters deep to have at least two large deciduous trees in the backyard. Other checks x Applications for housing on small lots must be accompanied by a streetscape and typical street views.

Building Design and Streetscape

Access to the sun x The apartments must be located in such a way as to enable adequate provision of direct sunlight in the private open space of neighboring properties.

Access and Parking

MEDIUM DENSITY RESIDENTIAL (TERRACES)

To establish principles and criteria for councils and departments in preparing and considering requests for application of a levy percentage of Article 7.12 above the standard of 1%;. This report summarizes the proposed reforms currently on display and recommends that the Council submit a proposal to the ministry.

REVIEW OF CONTRIBUTIONS PLANS BY IPART – DISCUSSION PAPER

It is acknowledged that the Department's discussion paper has identified some of the main flaws with the current process and the Council is supportive of reducing these obstacles to the efficient operation of the contribution system. Consequently, it is considered fair and reasonable for individual developers to be responsible for the part of the local road network directly adjacent to their individual development sites.

CRITERIA TO REQUEST A HIGHER S7.12 PERCENTAGE – DISCUSSION PAPER The Discussion Paper ‘Criteria to request a higher s7.12 percentage’ (Attachment 2) outlines

C1.4 The contribution plan should focus on delivering high quality site-based community infrastructure and improvements that enhance the centre's facilities. C2.1 The contribution plan must include the financing and provision of infrastructure at the district level representing at least 10% of the total value of the CP.

DRAFT PLANNING AGREEMENTS PRACTICE NOTE AND MINISTERIAL DIRECTION

Accordingly, the outcome of the current review of the contribution framework and the implementation of legislative changes will update how the Council considers and assesses offers to enter into voluntary agreements. Given the scope of the State Government's review (including in particular the VPA framework), it is difficult to progress work on these policies at this stage until the results of the Government's review are finalised.

DRAFT SPECIAL INFRASTRUCTURE CONTRIBUTIONS GUIDELINES

Allowing a variety of SIC calculation methods depending on the circumstances of the district is considered appropriate. As part of the implementation of the changes to the SIC scheme, it is recommended that the guidelines clearly outline the responsibilities of private certifiers and how any breaches of these responsibilities will be dealt with.

DRAFT AMENDMENTS TO THE EP&A REGULATION 2000

Comment: No objection is raised to the proposed reform to increase the reporting requirements for development contributions. Comment: No objection is raised to the proposed reform to increase the reporting requirements for planning agreements.

Improving the review of local

Discussion Paper

You may copy, distribute, display, download and otherwise use this publication freely for any purpose, provided you designate the Department of Planning, Industry and Environment as the owner. You must obtain permission if you wish to charge others for access to the publication (other than at cost); include the publication in advertisements or offer a product for sale; change the publication;

Contents

They will shorten the time it takes to complete the review process, while preserving the underlying transparency and accountability.

Executive summary

  • Introduction
    • Purpose
    • Working group
    • Rationale for process improvements
    • Appointment of a Minister’s Nominee
    • Improving the
  • Update the thresholds that trigger the review process
    • Why should the thresholds increase?
    • What thresholds are proposed?
    • How should the thresholds be indexed?
    • What will happen to local contributions
    • Consequential amendments to the
  • Review of the IPART terms of reference
    • Issues with the current terms of reference
    • Intent of proposed updates to the terms
  • Remove existing exemptions from the review process
  • Remove re-exhibition requirements for councils
  • Have your say

Implement an indexing mechanism for the thresholds that trigger the review process based on the CPI. Instead, this is a trigger for when an s7.11 contribution plan goes through the review process. The adjustment of the thresholds will require an update from the Ministerial Board to replace the existing thresholds that trigger the review process.

Currently, the review process and the essential works list do not apply to land identified in Schedule 1 of the Ministerial Directorate. The removal of grandfathering will provide additional certainty about how the review process works.

Figure 2 - Percentage change in Road and Bridge Construction cost  compared to the fixed contributions thresholds (adjusted for CPI - All  Groups, Sydney)
Figure 2 - Percentage change in Road and Bridge Construction cost compared to the fixed contributions thresholds (adjusted for CPI - All Groups, Sydney)

Criteria to

  • Improving the
  • How the s7.12 fixed rate levy operates?
    • Areas where a higher maximum percentage levy
    • The standard 1% levy will be maintained
    • How the s7.12 fixed levy is applied
  • Principles for a higher maximum levy
    • Identified in a strategic plan
    • Significant
    • Local planning controls will need to support
  • Potential criteria for discussion
    • Criteria for a maximum levy up to 2%
    • Additional criteria for a maximum levy up to 3%
    • Discussion questions
  • Have your say

It also describes how the levies currently operate under 7.12, including how changes to the 1% maximum percentage rate are taken into account. The maximum percentages that councils can charge in the s7.12 development contribution plan are set out in clause 25K of the EP&A. Development Contributions 2005 - A Practice Note describes the principles for the application of fixed charges to development consent s7.12.

They are instrumental in determining whether it is appropriate to consider an identified center for a higher S7.12 maximum percentage charge. Should all the criteria be mandatory for a s7.12 plan to be considered for a higher percentage levy.

Table 2: List of s7.12 contribution plans with higher maximum  percentage levies
Table 2: List of s7.12 contribution plans with higher maximum percentage levies

Planning

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The contributions required by the planning agreement will be provided in the form of cash. The contributions required by the planning agreement will be provided in the form of land allocation [describe land]. The contributions required by the planning agreement are provided in addition to contributions under [relevant contribution plan].

The contributions required in the planning agreement will be provided in lieu of the contributions under [relevant contribution plan] which would have required the development to contribute $[xxx]. The contributions required in the planning agreement will be delivered by [describe timeframe for delivery, whether the provision will be linked to the release of subdivision/building certificates etc].

Special

Infrastructure Contributions

Draft

  • Structure of the Guideline
  • The purpose of SICs in the planning system
  • Governance, Oversight and Program Assurance
  • Steps to implementing a SIC
  • Key principles of the SIC framework
  • Key components of a SIC
  • Public consultation and transparency
  • Expending SIC revenue
  • State Planning Agreements
  • Have your say

The purpose and objectives of the SIC framework that applies to current SICs (especially how to manage costs) and the development and implementation of future SICs. The Department will oversee the allocation and disbursement of SIC funds and monitor progress in implementing the SIC program. SIC will be clear and simple; providing clarity on the financial obligations of the development industry and landowners.

The SIC will be able to generate sufficient revenue to support locality results and strategic objectives. However, the timing of the SIC payment should also be aligned with the relevant stages of the land use planning system.

Table 1 – SIC Infrastructure
Table 1 – SIC Infrastructure

Environmental Planning and

2000 proposed amendments

Policy Paper

Planning context

  • Environmental Planning and Assessment Act 1979
  • Environmental Planning and Assessment Regulation

Central government planning provisions for development contributions are contained in Part 7 of the EP&A Act (Infrastructure Contributions) and Part 4 of the EP&A Regulation (Planning Agreements and Contribution Plans). Legislation requiring development contributions for the provision of public infrastructure was first introduced in NSW in 1980 through section 94 (now s7.11) of the EP&A Act. The enabling provisions of the EP&A Act and the detailed requirements of the EP&A Regulation enable economies of scale to be achieved as infrastructure is planned strategically rather than by development.

The EP&A Act requires developers to contribute to public infrastructure and ensures that the provision of infrastructure is taken into account in the decision whether to proceed with development. The EP&A Regulation contains requirements for councils to achieve accountability and monitoring within the framework of developer contributions.

Rationale for the Regulation amendments

  • Policy intent
  • Implementation of planning system review

Defines the form and subject of planning agreements, as well as the requirements for their connection, amendment and revocation. It includes requirements for public notice, explanatory notes and public inspection for councils, the Planning Secretary and other planning authorities. It sets out form and content requirements for contribution plans including that they take account of practical considerations and that councils must not adopt them without complying with any ministerial guidance.

Require that draft contribution plans be publicly exhibited, copies made available, and that any person may make a submission. The updated Voluntary Planning Agreement framework3 should also include requirements for reporting and auditing where the funds are allocated.

Proposed changes

  • Improve reporting on development contributions
  • Improve reporting on contributions received via
  • Streamline the process for making a contribution
  • Limit the maximum percentage s7.12 levy that
  • Update the cl 25K outdated reference to

Allow contribution plans to be amended to implement the advice of the Minister (or the Minister's nominee) regarding the implementation of IPART recommendations without the need for a new 28-day exhibition after IPART review (see below). Clause 25K of the EP&A Ordinance sets a maximum rate of levy that Central Coast Council can impose under a local contribution plan, which is 4%. However, the intention of the Gosford City Center SIC was to create a 3% contribution rate in Gosford (2% under the SIC and 1% under the local contribution schemes created under s7.12).

The change is required as the boundary of the Wollongong City Center was changed in the 2009 LEP and will provide consistency for land in the Wollongong Commercial Core. Your feedback will help us better understand the views of the community and help us finalize the proposals outlined in this document.

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Cook Street, Baulkham Hills - Proposed pedestrian refuge island 12.5m vehicle turning paths

The Hills Shire Council has received funding of $50,000 from the 2019/20 Safer Local Government Roads Program to make safety improvements at the intersection of Charles Street and Edgar Street, Baulkham Hills by constructing two median island STOP treatments. There are currently 'Give Way' controls on Charles Street on the east and west sides of the intersection with Edgar Street (Figures 1 and 2). It is proposed to construct a median island STOP treatment on Charles Street on both the east and west sides of Charles Street at the intersection with Edgar Street.

A design of the two median island STOP treatments at the Charles Street and Edgar Street intersection has been completed and is provided as Attachment 1. The construction of the two median island treatments on Charles Street will result in the loss of approximately 12 parking spaces on Charles. Street and Edgar Street.

Figure 1: Locality plan - Charles Street and Edgar Street, Baulkham Hills
Figure 1: Locality plan - Charles Street and Edgar Street, Baulkham Hills

Charles & Edgar St, Baulkham Hills- Median Island STOP treatment design

Charles & Edgar St, Baulkham Hills- Median Island STOP treatment turning paths

Charles & Edgar St, Baulkham Hills- Median Island STOP treatment turning paths

Charles & Edgar St, Baulkham Hills- Median Island STOP treatment turning paths

Charles & Edgar St, Baulkham Hills- Median Island STOP treatment turning paths

  • Rates Income – Increase $200k
  • Temporary Road Closure Income – Increase $360k
  • RMS Compulsory Lease Income – Increase $111k
  • Rates 603 Certificate Income – Increase $50k
  • RMS Block Grant – Decrease $183k
  • Planning Income – Decrease $500k
  • Cemetery Income – Increase $210k
  • Street Lighting – Increase $250k
  • Various Project Savings – Decrease $333k
  • Bio Banking Sophia Doyle Management Plan Actions – Increase $122k
  • Transfer to/from Reserves – Net Increase $448k
  • Transfer from Prior Years Income – Increase $44k
  • Hills of Carmel VPA (CP15) $1.8m

360,000 transfer to road closure reserve due to an increase in road closure income as in note 2 above. 210,000 transfer to the cemetery reserve due to an increase in cemetery income as per note 7 above. The RMS grant application for this project has been withdrawn due to the number of accidents that do not meet the RMS funding criteria.

The project has been completed less than originally budgeted and it is proposed to transfer $18,000 to the Kenthurst Tennis Court lighting improvement project requiring additional funding per Note 14 above. According to the above Ministry Instruction, the Council can technically continue to collect contributions based on the existing plan until the revised plan is approved and fully approved.

Figure

Figure 2 - Percentage change in Road and Bridge Construction cost  compared to the fixed contributions thresholds (adjusted for CPI - All  Groups, Sydney)
Table 2 - Escalations of thresholds from June 2010 to June 2019 quarter  using various indices
Table 2: List of s7.12 contribution plans with higher maximum  percentage levies
Table 1 – SIC Infrastructure
+7

References

Related documents

Noted P1Peter D Webb and Associates on behalf of Automotive Properties Pty Ltd the landowner Lots 1 & 20 No.200 Stirling Crescent, and Lot 145 Talbot Road, Hazelmere