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Meeting contents

Agenda item chapter 1

1. Welcome and speakers for Item 3.1.1. and Moved Into Closed Session

Unknown

Hello, welcome to the Hawkesbury Local Planning Panel meeting for Thursday 16 October 25. This panel has been appointed by the Minister for Planning and Public Spaces and the Council to determine certain categories of development applications and to consider planning proposals. My name is Anthony Hudson. I'm the chairperson for today's panel. The other panel members are Graham Brown, expert representative; Greg Woodhams, expert representative; Ms Katrina Hiltbruner, community member. I'd like to begin by acknowledging the traditional custodians of the land, the Darug people, their elders past and present. If anyone is in the meeting, could you keep your microphones on mute at all times unless you are asked to speak.

The meeting is being visually recorded. Any part of the meeting that is held in a closed session is not recorded, and we'll have a closed session after this, after the public meeting. The Privacy and Personal Information Protection Act, under that, this recording may involve recording of personal information provided at the time of the meeting. The recordings are made to assist staff in compiling the minutes of the meeting and to enable the podcasting and live stream of local planning panel meetings. Under the panel's code of conduct, panel members are required to disclose any pecuniary and/or non-pecuniary interests in relation to matters on today's agenda, and each of us have completed the disclosure forms, and there are no disclosures.

We have one item on the agenda. That is about the planning proposal for Buttle's Lane, and we will hear the applicant, I think, in a moment and their representatives, and then after that we will have a closed session, and then the minutes from the panel's determination or rec will be on the council's website. And I should just say at the beginning that our role here is not to make any specific determination, but to make a recommendation to the council about the proposed planning proposal. That's all said. I understand we have people from the applicant, Mr Brian Garland. Can I just say, Mr Garland, we also have received your submission , which we've all had a look at. So, would you like to start, please?

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Unknown

That's okay, yes, that's fine, Mr. Chairman. I'll , if I can just tell you when you finish the slide, that would be great. If we could please start on page number three, which is the LEP maps, and then I'll speak from there. From there, is that right? Thank you . Thanks, Mr. Chairman and panel members for the opportunity to present 43 Goodall Lane to you. I understand that this presentation has already been given, so I'll fly through as much as I can in the limited time that I've got. Site is residue land off Bonavista Precinct. The land subject to this planning proposal has been marked with a red dot on these two LEP maps. As you can see, both fall outside of the two major rezonings that occurred at Pitt Town in 2006 and in 2008.

Apart from the standard instrument conversion, the residue land has not been rezoned since 1989. Next slide, please . These aerial images show how the site has changed over time. While most of it remains remnant bushland, the western frontage, where five residential lots are proposed, was cleared early on, used for a temporary construction sediment basin and later a sales office. By 2011, the south eastern area was also cleared and construction of the private water system had begun. Council's sewer system is also established. Next slide, please. This broader image represents how the site sits in its surrounds, noting that there is a community centre to the south of the site as part of the Ferny Dell Park precinct.

That this panel, in exercising its function as consent authority, approved at its August meeting. Next slide, please. These next two slides dive into project benefits. These are already documented in the council report before you. Suffice to say four main outcomes: conservation land, securing high value land in the correct zone with long-term management certainty; sewer infrastructure, zones both existing sewer facilities appropriately, enabling subdivision and title transfer of the private water system to the utility operator. Next slide, please. Residential lots allows for five new lots on previously cleared land along the western frontage, mirroring that residential outcome opposite. Public infrastructure, early delivery of the boat ramp subject to a concurrent contributions plan amendment, which I will clarify in a moment.

Next slide, please. We're effectively proposing just one new residential lot. As outlined in the council report, three approved lots are being relocated from another precinct, not mentioned in the council report, but acknowledging the Land and Environment Court's decision of an approved single dwelling entitlement on the subject land. Then that just leaves the one additional lot. Ecological, bushfire and flooding impacts have been carefully assessed with negligible impact. Four of the five lots were already considered in historical flood planning, and recent work by Steve Molino as part of this planning proposal confirms the extra lot, or in fact the whole five lots, won't negatively affect flood capacity, evacuation or emergency resources.

Next slide, please. In respect of the council commentary on the Metropolitan Rural Area, as just mentioned, we're proposing the addition of one modest infill lot. This is consistent with similar Pitt Town cases, like the 2022 rezoning at 4 Hall Street for a single additional residential lot as per this extract, which were both accepted by the council and the department. We're confident this can be appropriately addressed. If there are any questions on this point or other strategic planning questions arising, Matt Owens is here and available to speak to them. Next slide, please. Before I wrap up, I want to take two minutes to explain the boat ramp and car park issue, which is an important issue to the community, important for you to understand, and important for us to clarify a misunderstanding in the report before you.

The boat ramp and car park are required under the Minister's 2007 Part 3A Concept Plan approval, as I've highlighted in blue. Marked in green, the concept plan and approval covers five precincts: Bonavista Precinct, Fernadel Precinct, Blighton, Cleary and Thornton Precinct, all marked in yellow and as per the plan I've shown. First four precincts are already complete. Thornton is the only precinct left undeveloped. Because Thornton is the last to proceed, the minister's determination requires its developer to deliver the boat ramp and car park during the course of its subdivision. Failing to do so would be inconsistent with the minister's approval. Responsibility is well understood by council, the owners of the Thornton precinct, and the broader Pitt Town community.

It's been clearly communicated through multiple open letters and resident letterbox drops over the years. To be absolutely clear, JPG is not compelled nor responsible for the delivery of the boat ramp or the car park. However, because it's an important issue to the community and council, and the timing of the Thornton precinct is uncertain, we've worked with council's previous city planning directors to find a way to deliver this asset ahead of that Thornton precinct. Next slide, please.

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Unknown

With respectful emphasis, our offer to assist delivery of this asset is not as documented in the council report before you. As we've highlighted in our planning proposal conclusion, as I've highlighted here on the left, if the council and the community wish for JPG to deliver this infrastructure ahead of the Thornton precinct, then council must amend its contributions plan concurrently with the progression of this planning proposal. This would allow the cost of delivering the boat ramp and car park to be recouped from the Thornton precinct and reimbursed to JPG once contributions are collected. Now, this is not an uncommon approach. On the right-hand side, we've provided a direct example from the current contributions plan, where a similar mechanism is used for roadworks in a defined subcatchment of Pitt Town.

The same principle can apply here in respect of the boat ramp and the Thornton subcatchment. Next slide, please. And simply put, if the contributions plan is not amended at the same time as this planning proposal, which we say it must be amended anyway to account for the five residential lots that this planning proposal proposes, plus Punt Road, as noted on this slide, then JPV will not be offering a voluntary planning agreement or a works-in-kind agreement to deliver the boat ramp and car park. It will remain status quo to be delivered by the Thornton developer as part of its subdivision at an unknown time. Next slide, please. I'd just like to finish off by acknowledging the concluding recommendation from Council's land use planners, who provide state and local strategic support of our proposal, acknowledging in their independent opinion no adverse impacts are predicted on the amenity of the locality.

I apologise if I've slightly gone over, but thank you for your time, and Matt Owens and I are available to answer any questions.

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Unknown

Just to clarify the sequence about the contribution, if the contribution plan is amended— And you provide the boat ramp or whatever is needed, and then you're saying once the Thornton precinct is developed, then you're reimbursed for the amount of providing that boat ramp. Does that mean that there is no contribution because you're reimbursed that amount? You effectively don't pay any contribution.

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Unknown

Yeah, so the way that we see it, Greg, is exactly as you've explained, and is exactly how we've done it before with the council. For the example that I gave of the Hall Street and Hawksbury Street works that JPG did, JPG at that time entered into a works in kind agreement with the council, so we did the works and then as that land developed, those contributions were reimbursed. The way that we see it is that the contributions plan has to be amended anyway because we're adding in four additional lots into a parcel of land that falls outside of the current contributions plan, so we say it has to be amended anyway. So we would say our contributions for those four additional lots would either go to the council for other assets, or we could allocate that to the boat ramp , and then the rest of the money gets recouped once the Thornton precinct develops.

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Unknown

If the Council didn't amend the contributions plan and you didn't build the boat ramp by agreement, that you could effectively just do a VPA and pay those contributions, and that could be the end of it also. That could be another solution.

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Unknown

That was the second question answered me through you. Yeah, no, you go. Going back to the aerial photo, and I don't know if the staff person can do that, the aerial photo of a site which shows the subdivided lots superimposed over the aerial photo, I think I heard you say that those lots are substantially cleared, but it shows that I think at least three lots have large trees at the back of them. Is it just because the aerial photo is old or incorrect? It just looks like at least half of the lots have significant vegetation on them.

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Unknown

Yeah, so we've done a fair bit of work with our arborist, who is also our bushfire guy in respect of those trees. Yes, it's a bit— The trees and aerial photos not a very good overlay, but yes, there are trees in the back of those lots that we say, because there is no understory. There's canopy and there's ground cover, but there's no mid-story. So we've done a fair bit of work in there in terms of that. There might be one or two, three trees that might be affected by those five lots, or by those three lots, sorry. But our ecologist and our bushfire guy doesn't feel as though that's an issue. That was something that was raised in the Land Environment Court process as well about the same question that you asked. So obviously it's something to work through, but yes, there's a couple of trees there that...

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Unknown

Can I just add, your report says an APZ of 18.1 metres shall be required from the hazard to the use of the proposed residential zone. So that's a large proportion of the block, I would have thought.

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Unknown

As I said, we've done a lot of work in respect of justifying why five lots are appropriate from all the environmental hazards, or from all the environmental components, including bushfire and ecology. I think there's maybe page 15

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Unknown

Just take me through what you think you would be doing, or what you think the council will be doing in relation to the maintenance of it, or any work that would be done before it was given to the council. Is there any proposals about that?

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Unknown

Yeah, so we've spoken to the council about that as well. The plan of attack, as I understand it, is that as part of this process, that we'll be working with council on preparing a vegetation management plan for the site.

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Unknown

And enacting those vegetation management works for a period of time before the land gets transferred to the council. So that's sort of one component. And then the second component is the retirement of credits for the ongoing in-perpetuity management of the land once it becomes council's asset. The credits for you or for anyone? Well, the credits go to the council with the land, as I understand. Oh, sorry. You mean if it becomes a

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Unknown

Or whatever … But I suppose my point is, and the point you're making is, first of all, it's going to be given to the council, and you're saying, subject to agreement with the council, you'll do some work on the land before you give it to the council. That's right, yeah. And that's to be worked out with the council.

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Unknown

And as I've shown in there, just by way of example on the slide following this aerial photography on the project benefit slide, there's been a little bit of text work that has occurred on the site. Yes. But this is a photo from 2024, but it just shows the community have access to site to do bike jumps and other things on it. That's all been rectified at the moment, but there's …

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Unknown

Another one from me, which follows on from a question asked earlier. The bit of land that has the … The detention basin, which is in the northeast, I think it is, which is not part of the rezoning. Yes So do you know who owns that, and what's the future of that parcel of land? So that's not a separate

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Unknown

Is an easement that traverses the subject land that we're talking about today to contain overflow that connects into, again, if you're on the larger aerial photograph, I'm not sure what page is on the screen, but that basically drains into the Fernadell Basin, which is to the south. And

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Unknown

Is it? Correct. Land owned and current easement, and council also maintains that easement as well, or within that easement, yes. Basically, again, I'm not sure what you're on, but where the word Birtles Lane is, you know, basically diagonally towards the basin for where

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Unknown

Yeah, yeah, on the plan, I know, sort of down that side, yep. All right . And again, sorry to interrupt, Mr Chairman, but it is shown, that easement is shown on page 13 of the council report. Yeah, yeah,

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Unknown

Okay, thanks very much. So we don't need to detain you anymore, and I don't think there's any other speakers in relation to this matter, so that brings us to the end of this public part. So we will now, if you, we'll stay on this Zoom meeting, and I think the applicants and their representatives will leave the meeting, and then we can finalise the discussion.

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