The Shire of Hornsby
Executive Manager's Report No. PLN43/02
Planning Division
Date of Meeting : 02/20/2002



Item No: Subject:
15RIVER SETTLEMENTS LOCAL ENVIRONMENTAL PLAN

PURPOSE

The purpose of this report is to progress the draft River Settlements Local Environmental Plan (LEP).

BACKGROUND

Situated along Berowra Creek and the Hawkesbury River are the river settlements of Berowra Waters, Dusthole Point, Neverfail Bay, Calabash Point, Collingridge Point, Coba Point, Sunny Corner, Murramurra Creek, Fishermans Point and Milsons Passage. The settlements are characterised by dwellings within a steep bushland setting. Access to the settlements is via boat from Berowra Waters or Brooklyn.

Berowra Waters is a focus of commercial, residential, recreational and tourism activities for the area which has resulted in conflict over current and future land uses. The principal concerns are the impact of commercial and residential development on the environment and the availability of parking.

In response to a direction from the Minister for Land and Water Conservation, Council at its meeting on 13 November, 1996, resolved to prepare a Plan of Management for Berowra Waters. Council subsequently established a Steering Committee to oversee the project, endorsed a project brief and engaged a consultant to undertake the project.

Council at its meeting on 18 December, 1998, considered Executive Manager’s Report No. PLN395/98 concerning the draft Berowra Waters Plan of Management and resolved to exhibit the draft Plan, subject to minor amendments. The draft Plan was exhibited from 2 February to 14 May, 1999. Two hundred and thirty-five (235) submissions were received.

Council at its meeting on 1 September, 1999, considered Executive Manager’s Report No. PLN260/99 informing Council of the submissions received, discussing the issues raised in submissions and seeking to finalise the Plan of Management. Council resolved to endorse the Plan of Management, subject to minor amendments and refer it to the Minister for Land and Water Conservation for adoption. Council also resolved (in part) that:
Council at its meeting on 18 October, 2000, considered Executive Manager’s Report No. PLN312/00 concerning the preparation of a draft LEP to implement the recommendations of the Plan of Management. Council resolved to endorse and exhibit the draft River Settlements LEP.

Consultation with Gosford City Council and relevant statutory authorities was undertaken and the draft LEP was exhibited for community comment between 30 January and 30 March, 2001. Gosford City Council and seven statutory authorities responded to Council’s letters of consultation. Eight submissions were received from members of the community in response to the exhibition of the draft River Settlements LEP.

Council at its meeting on 2 May, 2001, considered Executive Manager’s Report No. PLN113/01 which reported on the submissions received following the exhibition of the draft River Settlements LEP. At the meeting, two proprietors of commercial land uses operating within the river settlements along the Lower Hawkesbury River spoke against the progression of the draft LEP. Concern was expressed that the draft LEP does not recognise the continued operation of the commercial uses at “Melvy’s Wharf” at Fishermans Point, “Peats Bite Restaurant” at Sunny Corner and the former “Camp Knox” at Fishermans Point (see attached location map). Council resolved that:
In accordance with Part 2 of Council’s resolution, Council officers undertook a compliance inspection and safety audit of the unauthorised tourism facilities at Melvy’s Wharf on 30 May, 2001. Council advised the owner of Melvy’s Wharf, by letter dated 22 August, 2001, of the issues required to be addressed to comply with relevant legislation and ensure the health and safety of visitors to the site. A submission from the owner of Melvy’s Wharf, dated 5 September, 2001, responded to the issues identified in Council’s letter.

In accordance with Part 1 of Council’s resolution, a site meeting for Councillors was held on 6 December, 2001, to inspect Melvy’s Wharf and the other commercial operations.

DISCUSSION

This report discusses the progression of the Berowra Waters Plan of Management, the draft River Settlements LEP and the draft amendments to the River Settlements DCP.

A. Berowra Waters Plan of Management

The majority of land at Berowra Waters and the waterway is Crown land under the authority of the Department of Land and Water Conservation. The Minister for Land and Water Conservation requested Council to prepare the Plan of Management to provide guidance for the future management of Crown land and other properties. Council prepared the Berowra Waters Plan of Management which was overseen by a Steering Committee comprising community and business representatives.

Council at its meeting on 20 June, 2001, noted the contents of Executive Manager’s Report No. 181/01 advising that the Minister has adopted the Plan of Management and approved the necessary administrative actions for the future management of Crown land within the Berowra Waters precinct.

B. Draft Local Environmental Plan

Council at its meeting on 2 May, 2001, considered a report on submissions received following the exhibition of the draft River Settlements LEP. Council resolved to defer consideration of the draft LEP to allow a site meeting with Councillors and owners to discuss relevant issues associated with the future use of Melvy’s Wharf, a property at Pumpkin Point Creek, Peats Bite Restaurant and the former Camp Knox. Council also resolved to undertake a compliance inspection and safety audit of the unauthorised tourism facilities at Melvy’s Wharf. The results of the safety audit and compliance inspection of Melvy’s Wharf and the site meeting for Councillors are addressed below.

(i) Melvy’s Wharf at Fishermans Point

Lot 99 DP 132067 and Lot B DP 363636 (Melvy’s Wharf) at Fishermans Point were purchased by the current owner in 1979. The properties are zoned Environmental Protection B (River Catchments) under the HSLEP. Tourism facilities are not permissible in the zone.

Executive Manager’s Report No. PLN113/01 noted that an unauthorised tourism facility has been operating on the property since 1979. The proprietor of the tourism facility has indicated that the use consists of demonstrations of Aboriginal dance, boomerang throwing and cultural activities in association with a river cruise business which operates out of Kangaroo Point, Brooklyn. Visitors are also provided with lunch at the dwelling.

Council officers undertook a compliance inspection and safety audit of the unauthorised tourism facilities at Melvy’s Wharf on 30 May, 2001. Attached is Council’s letter dated 22 August, 2001, advising of the issues which are required to be addressed to comply with relevant legislation and ensure the health and safety of visitors to the site. In summary, the issues include:

- unauthorised buildings/structures;
- non-compliance with the Building Code of Australia;
- upgrade of sewage management systems;
- testing of drinking water and upgrade of food preparation areas;
- bushfire evacuation measures;
- public liability insurance;
- accessibility for persons with a physical disability; and
- proof of licenses and vessel surveys for the vessels used to transport visitors.

A submission was received from the owner of Melvy’s Wharf, dated 5 September, 2001, responding to the issues identified in Council’s letter. Council officer’s undertook a follow up compliance inspection and safety audit of the premises during the site meeting for Councillors. Attached is a copy of Council’s letter dated 17 January, 2002, advising of the outstanding issues which are required to be addressed.

In summary, the proprietor of Melvy’s Wharf has endeavoured to address the issues which require immediate attention to ensure the health and safety of visitors to the site. The outstanding issues are currently being addressed and it is anticipated that they could reasonably be resolved within 3 months.

Executive Manager’s Report No. PLN 113/01 noted that Council is currently preparing the Tourism Review to identify the demand and need for tourism facilities in the Shire. Currently, there is no identified need in a comprehensive planning review for the rezoning of land for tourism facilities in the area of the Lower Hawkesbury River containing Fishermans Point and Kangaroo Point. The findings and recommendations concerning tourism contained in the Berowra Waters Plan of Management extend only as far as Crosslands in the south, Berrilee in the west, Coba Point in the north and the western fringes of Berowra to the east.

The Berowra Waters Plan of Management, does however, identify that recreational facilities that have minimal demands on the environment such as eco-tourism facilities provide a range of benefits. Specifically, the Plan states that:

The benefits derived from eco-tourism facilities in the Berowra Waters area could be equally applied to other river settlements including Melvy’s Wharf. Further, Council’s Community Services Branch made the following comments concerning the tourism operation at Melvy’s Wharf:

“It is a high quality and valuable tourism product in the local Hawkesbury River area and the region as a whole. It remains one of the only export-ready tourism drawcards operating in the region and should be encouraged to continue operating subject to compliance with the existing environmental regulations that are currently enforced throughout all river environs.”

Therefore, although there is no identified need in a comprehensive planning review for the rezoning of land for tourism facilities in the area of the Lower Hawkesbury River containing the tourism operations, planning studies for nearby river settlements and Council’s Community Services Branch identified that Melvy’s Wharf generates a range of benefits for the local community. Further, the compliance audit and safety inspection identified that the unauthorised tourism facility is a low intensity eco-tourism operation where existing environmental impacts can be addressed.

Executive Manager’s Report No. PLN113/01 presented four options for the current tourism use of Melvy’s Wharf at Fishermans Point, as follows:

As the proponent has now submitted detailed information about the use of the property, a compliance inspection has been undertaken to ensure the health and safety of visitors and Council’s Community Services Branch has commented on the tourism benefits of the proposal, it would be appropriate to pursue Option 4. However, should the outstanding safety and compliance issues not reasonably be addressed or progressed following the exhibition period, Council could resolve not to progress the draft LEP.

Should Council decide to pursue Option 4, Council should be cognisant that the tourism facilities at Melvy’s Wharf are reliant on the land/water interface that Kangaroo Point provides for visitors to the site. Council in 1998, resolved to prepare the Kangaroo Point Community Masterplan to provide direction for the long-term role and function of Kangaroo Point. There are a number of competing land uses seeking to remain or establish at the site. Council, as part of the preparation of the Masterplan is evaluating appropriate uses for the site. Should Council decide to recognise the tourism operations at Melvy’s Wharf, Council should also acknowledge that land will be required at Kangaroo Point to accommodate the land and water based requirements of the subject tourism operations.

Resolve: It is recommended that the draft River Settlements LEP be amended to include an exception to permit eco-tourism uses at the property known as Melvy’s Wharf and re-exhibit the draft LEP for further community comment.

It is also recommended that Council acknowledge that land will be required at Kangaroo Point to accommodate the land and water based requirements of the Melvy’s Wharf tourism operations.

(ii) Pumpkin Point Creek, Canoelands

Executive Manager’s Report No. PLN113/01 advised that, in 1997, the owners of Melvy’s Wharf purchased Lot 3 DP 752040 at Pumpkin Point Creek, Canoelands and that they have aspirations for establishing a tourism use on the property.

The property is zoned part Environmental Protection A (Wetland) and part Environmental Protection B (River Catchment) under the HSLEP. Tourism facilities are not permissible in these zones. The proprietor has requested that Council consider rezoning the land to permit tourism facilities at the site.

The Pumpkin Point Creek property is currently undeveloped for tourism purposes, is a sensitive environment and is only accessible via sensitive terrestrial environments. These environmental sensitivities are reflected by the current zonings. There is no demand and need identified in a comprehensive planning review for tourism facilities in the area of the Lower Hawkesbury River containing Pumpkin Point. Accordingly, it is appropriate that the current zonings be retained at the Pumpkin Point Creek property.

Resolve: It is recommended that no amendment be made to the draft River Settlements LEP in response to representations made concerning the Pumpkin Point Creek property.

(iii) Peats Bite Restaurant, Sunny Corner

Lot 1 DP 901023, Lot A DP 319646, Lot 1 DP 1003363 and Lot 0 DP 752026 (containing Peats Bite Restaurant) at Sunny Corner were purchased by the current owner in 1983. The land based properties are zoned Environmental Protection B (River Catchment) under the HSLEP. The water based properties are unzoned. Tourism facilities and restaurants are not permissible under the Environmental Protection B zone.

Council records indicate that a number of approvals for commercial operations have been granted on the site. In 1971, Council granted consent for the establishment of an aquatic club and tourist centre on the site. In 1975, Council granted consent for the upgrade of an existing building for a licensed restaurant in conjunction with the tourist/holiday centre. In 1982, Council granted consent to reinstate holiday rental accommodation. In 1984, Council granted consent for the redevelopment of holiday accommodation and associated facilities.

The draft Environmental Protection E (River Settlements) zone prohibits the establishment of restaurants and tourism facilities. Accordingly, the proprietor would be reliant on the existing use right provisions of the EP&A Act to continue to operate.

The proprietor of the restaurant at Sunny Corner has commented that the property has been in continuous commercial usage since operations began and requested that Council either rezone the property or make an exception to permit the continued use of the property for the approved uses.

The rezoning of the property to a zoning which permits those uses approved by Council (i.e. Residential AT (Low Density – Tourist Village), would introduce a number of additional land uses inconsistent with the environmental sensitivities of the land identified as part of this planning review. Such uses would likely adversely impact on the environment. Accordingly, the rezoning of the land to an alternate zoning would be inappropriate.

Clause 22 – Exceptions of the HSLEP provides specific exceptions that allow or prohibit land uses and other development where they would ordinarily be prohibited or permitted as the case may be. Council could include an exception in Clause 22 of the HSLEP to recognise the approved uses on the property.

Properties benefiting from existing use rights have the potential to seek Council consent for a change to another non-conforming use (i.e. a use that would otherwise be prohibited under the relevant zoning). Accordingly, recognition of the non-conforming uses by their inclusion within Clause 22 – Exceptions of the HSLEP would restrict the future use of the property to a restaurant, holiday cabins and uses permissible within the Environmental Protection E zone.

There are three options for the continued use of the property known as Peats Bite Restaurant as follows:

1. Resolve to rezone the property to Environmental Protection E (River Settlements) under the HSLEP. The continued use of the property would be reliant upon the existing use right provisions of the EP&A Act;

2. Resolve to rezone the property to a zoning under the HSLEP which permits the same uses as those approved by Council and re-exhibit the draft LEP for further community comment; and

3. Resolve to rezone the property to Environmental Protection E (River Settlements) and amend the draft River Settlements LEP to include an exception to permit the continued use of approved uses at the property and re-exhibit the draft LEP for further community comment.

Option No. 3 is recommended to recognise the approved commercial operations of the restaurant and holiday cabins on the property known as Peats Bite Restaurant by inclusion of an exception in Clause 22 of the HSLEP. Such recognition would restrict the future use of the property to a restaurant, holiday cabins and uses permissible within the Environmental Protection E zone.

Resolve: It is recommended that the draft River Settlements LEP be amended to include an exception to permit a restaurant and holiday cabins on the property known as Peats Bite Restaurant.

(iv) Camp Knox, Fishermans Point

Lots A and B DP 946059, Lot B DP 300905 and Lot 1 DP 946058 (the former Camp Knox) at Fishermans Point were purchased by the current owner in 2000. The properties are zoned Open Space C (Private Recreation) under the HSLEP. Educational establishments and tourism facilities are prohibited within the zone.

Council’s records dating back to 1966 recognise the use of the site as the “Outward Bound School”. Subsequently, Council has approved a number of variations to the use of the land as an educational establishment including, “Camp Knox” where the site was used for holiday camps and on-site accommodation was provided.

There are a number of improvements to the land. Facilities for education, recreation and accommodation are largely located on Lot 1 DP 946058 with the property owner’s residence, a weatherboard dwelling, being located on Lot A DP 946059.

No formal submission has been received from the owner of the Camp Knox site detailing his aspirations for the future use of the site. However, it is understood from representations made on his behalf at the Councillors’ site meeting and subsequent meetings with Council officers, that he has aspirations for the use of the site for a mix of uses, including tourism facilities and an artists’ retreat.

The draft River Settlements LEP does not propose to rezone the property. The Open Space C (Private Recreation) zone prohibits the establishment of educational establishments and tourism facilities. Accordingly, the proprietor would be required to demonstrate existing use rights to continue to operate as an educational establishment. Similarly, where existing use rights can be demonstrated, the proprietor has the potential to seek Council consent for a tourism facility as an alternate non-conforming land use. However, there is no evidence of the continued use of the site as an educational establishment since the purchase of the property in 2000.

Without a detailed submission outlining the future aspirations for the site, it would be inappropriate to permit a more intensive use of the site (i.e. a tourism facility) by rezoning or inclusion of an exception in the HSLEP.

Council should note that the owner of the property could submit a development application proposing a permissible use under the Open Space C zone. Council should also note that the owner of the property could submit a detailed rezoning submission identifying the future proposed use and development at the property. Any rezoning submission should be prepared by a suitably qualified consultant and at a minimum, include an evaluation of the proposal, the likely strategic planning and land use implications and demonstrate the community benefits arising from the proposal.

Resolve: It is recommended that no amendment be made to the draft River Settlements LEP in response to representations made concerning Camp Knox.

C. Draft Amendments to the River Settlements DCP

The River Settlements DCP was prepared as part of the River Settlements Planning Study (1993) and came into force on 5 September, 1995. The DCP applies to the river settlements of Berowra Waters, Dusthole Point, Neverfail Bay, Calabash Point, Coba Point, Murramurra Creek and Sunny Corner. The DCP has been revised to incorporate recommendations of the Berowra Waters Plan of Management including revised Masterplans for Berowra Waters, to reflect the proposed rezoning of the River Settlements to Environmental Protection E (River Settlements) zone and to ensure the DCP reflects best environmental practice.

Council at its meeting on 7 March, 2001, considered Executive Manager’s Report No. PLN44/01 concerning the draft amendments to the River Settlements DCP. Council resolved that:
In accordance with Council’s resolution, the draft revised River Settlements DCP was exhibited from 3 April, 2001, to 8 June, 2001, at Council’s Administration Building and the Hornsby, Galston and Berowra libraries. Advertisements advising of the exhibition were placed in local papers and on Council’s website. Letters advising of the exhibition and seeking comments were sent to 253 owners of properties in river settlements, five relevant community groups, ten relevant statutory authorities and Gosford City Council. Council branches were also consulted during the exhibition period.

A report on the submissions received in response to the exhibition of the draft revised River Settlements DCP will be presented to Council in the near future.

OPTIONS

Executive Manager’s Report No. PLN113/01 advised that Council has two options concerning the progression of the draft Local Environmental Plan.

1. Progress the draft Local Environmental Plan, as exhibited.

2. Progress an amended draft Local Environmental Plan. The report recommends that gardening and landscaping be deleted from the land use table as they are ancillary to the residential use of the settlements.

Following the site inspection and safety audit, the options have been revised as follows:

1. Progress the draft Local Environmental Plan as exhibited.

2. Progress an amended draft LEP incorporating the following amendments:

Option 2 is recommended. This report also recommends that Council acknowledge that land will be required at Kangaroo Point to accommodate the land and water based requirements of the Melvy’s Wharf tourism operations.

CONSULTATION

The draft plan was referred under Section 62 of the Environmental Planning and Assessment Act, 1979 to Gosford City Council, Hawkesbury Nepean Catchment Management Trust, Roads and Traffic Authority, NSW Fisheries, Department of Land and Water Conservation, National Parks and Wildlife Service and NSW Waterways.

The draft LEP was exhibited for a two month period (from 30 January to March, 2001) at the Administration Centre, Hornsby, Berowra and Galston libraries and on Council’s website. Letters were sent to all river settlement property owners, relevant community groups and statutory authorities advising of the exhibition and inviting submissions. Eight submissions were received.

A submission from the Hawkesbury Nepean Catchment Management Trust requests an amendment to be made the draft plan to delete “gardening” and landscaping from the Environmental Protection E (River Settlements) land use table. Submissions from two proprietors of commercial land uses operating within the river settlements along the Lower Hawkesbury River request an amendment to be made the draft Plan to:

* include an exception to permit an eco-tourism facility at Melvy’s Wharf; and * include an exception to permit a restaurant and holiday cabins at the property known as Peats Bite Restaurant.

The further amendments recommended are substantially different from those exhibited. Accordingly, it is appropriate that Council re-exhibit the amended draft River Settlements LEP for further community comment. Accordingly, Council should re-exhibit the draft River Settlements LEP generally in accordance with the previous consultation strategy. However, rather than exhibiting the draft Plan for two months, the draft LEP should be re-exhibited for a minimum period of 28 days as the amendments to the draft LEP are site specific (i.e. Melvy’s Wharf and Peats Bite Restaurant) and consultation with the owners of the properties affected has been undertaken as part of the site inspection by Councillors.

As the draft LEP applies to land owned by Council, the draft LEP should be exhibited in accordance with the Best Practice Guidelines published by the (then) Department of Urban Affairs and Planning in January, 1997 titled “LEPs and Council Land – Guideline for Councils using delegated powers to prepare LEPs involving land that is or was previously owned or controlled by Council”. The exhibition of the draft Plan will include the following.

Advertisements in local newspapers

An advertisement will be placed in the newspapers listed below on two occasions during the exhibition period.

Hills Shire Times
Hornsby Advocate
Bush Telegraph

The advertisement will identify the purpose of the draft LEP and where the draft Plan can be viewed.

Advertisement on the Council website

The draft LEP will be exhibited on the Council website (www.hornsby.nsw.gov.au) under What’s New – exhibitions. Council’s libraries have access to the website.

Letter to affected property owners

A letter and a copy of the draft LEP will be sent to affected property owners advising of the exhibition of the draft Plan and inviting submissions.

Letters to Community groups

Notification letters and a copy of the draft LEP will be sent to the following community groups advising of the exhibition of the draft Plan and inviting submissions.

Arcadia Galston Residents’ Association
Hornsby Shire Residents' and Ratepayers' Association Inc
Galston Area Residents’ Association
Association for Berowra Creek
Lower Hawkesbury Catchment Centre
Berrilee Progress Association
Berowra & District Residents’ Association
Berowra Waters Progress Association Inc
Milsons Passage Progress Association

Displays at the Council Administration Building and local libraries

The draft LEP will be displayed at the Council Administration Centre, 296 Pacific Highway, Hornsby and the following libraries:

Hornsby library
Berowra library
Galston library

Referrals to Statutory Authorities

Notification letters and a copy of the draft LEP will be sent to the following statutory authorities advising of the exhibition of the draft Plan and inviting submissions.

Gosford City Council
Department of Land and Water Conservation
NSW Fisheries
National Parks and Wildlife Service
Waterways Authority
Roads and Traffic Authority
Environmental Protection Authority of NSW
Sydney Water
Rural Fire Service
Heritage Office
NSW Tourism

Referrals to other Divisions/Branches

A copy of the draft LEP will be forwarded to the following Divisions/Branches of Council for comment.

Fire Control Team
Education and Compliance Team
Water Catchments Team

Review of Consultation Strategy

Where submissions warrant, the consultation strategy may be reviewed to extend the exhibition period and/or the methods of consultation. This may occur where a submission provides reasonable justification for a request for an extension to the exhibition period or where Council is of the opinion an amendment to the consultation strategy would facilitate greater feedback on the draft Plan.

Following the exhibition period, a report on submissions will be presented to Council for its consideration.

STATUTORY CONSIDERATIONS

Prior to certification and exhibition, the draft plan was referred under Section 62 of the Environmental Planning and Assessment Act, 1979 to Gosford City Council, Hawkesbury Nepean Catchment Management Trust, Roads and Traffic Authority, NSW Fisheries, Department of Land and Water Conservation, National Parks and Wildlife Service and NSW Waterways.

As the draft LEP applies to land owned by Council, the draft LEP was exhibited in accordance with the Best Practice Guidelines published by the (then) Department of Urban Affairs and Planning in January, 1997 titled “LEPs and Council Land – Guideline for Councils using delegated powers to prepare LEPs involving land that is or was previously owned or controlled by Council”.

As part of Council’s consideration of a draft Local Environmental Plan, Council is required to consider the relevance of any State Environmental Planning Policy (SEPP), Regional Environmental Plan (REP) or Ministerial Direction under Section 117 of the Environmental Planning and Assessment Act, 1979. The draft LEP is not inconsistent with any SEPP, REP or Section 117 Direction. The draft LEP is consistent with SREP No. 20 – Hawkesbury/Nepean River (No. 2 – 1997) and the principles of Ecologically Sustainable Development.

If Council resolves to re-exhibit the draft LEP, the draft Plan would be exhibited for a minimum period of 28 days in accordance with the Environmental Planning and Assessment Act, 1979 and the Best Practice Guidelines for Councils using delegated powers to prepare LEPs involving land that is or was previously owned or controlled by Council. Following exhibition, a report addressing submissions would be prepared enabling Council to determine whether to proceed with the Plan.

POLICY

There are no policy implications.

FINANCIAL

The draft LEP proposes to rezone three properties owned by Council at Calabash point and Coba Point from Environmental Protection B to Open Space A, to secure their retention as public open space. Executive Manager’s Report No. PLN312/00 discussed the financial implications of the proposed rezoning. If the sites retain their current zone and were reclassified as operational land, the sites could provide an income source of approximately $450,000. If retained for public open space, this potential income source would be forfeited.

CONCLUSION

Council at its meeting on 2 May, 2001, resolved to defer consideration of the draft River Settlements LEP to allow a site meeting with Councillors and owners to discuss relevant issues associated with the future use of Melvy’s Wharf, a property at Pumpkin Point Creek, Peats Bite Restaurant and the former Camp Knox. Council also resolved to undertake a compliance inspection and safety audit of the unauthorised tourism facilities at Melvy’s Wharf.

Council officers undertook a compliance inspection and safety audit of the unauthorised tourism facilities at Melvy’s Wharf on 30 May, 2001. A site meeting for Councillors was held on 6 December, 2001, to inspect Melvy’s Wharf and to discuss the future use of other commercial operations along the Lower Hawkesbury River. Council officers also undertook a follow up compliance inspection and safety audit of the premises during the site meeting for Councillors.

It is recommended that Council amend the draft River Settlements LEP by:

* deleting “gardening” and “landscaping” from the Environmental Protection E (River Settlements) land use table in accordance with the recommendations of Executive Manager’s Report No. PLN113/01;

* including an exception to permit an eco-tourism facility at Melvy’s Wharf; and

* including an exception to permit a restaurant and holiday cabins at the property known as Peats Bite Restaurant.

Council should acknowledge that land will be required at Kangaroo Point to accommodate the land and water based requirements of the Melvy’s Wharf tourism operations.

As there are substantial changes recommended to the River Settlements LEP, it is recommended that the draft LEP be re-exhibited for further community comment.

RESPONSIBLE OFFICER

The responsible officer for this report is Mr Jason Rawlin, Strategic Planner, Town Planning Services Branch. For further information please telephone the Manager, Town Planning Services Branch, Mr James Farrington, on 9847 6744.


RECOMMENDATION

THAT:-

1. Council amend the draft River Settlements Local Environmental Plan by:
2. Council acknowledge that land will be required at Kangaroo Point to accommodate the land and water based requirements of the Melvy’s Wharf tourism operations.

3. Council re-exhibit the draft River Settlements Local Environmental Plan in accordance with the consultation strategy identified in this report and the Department of Urban Affairs and Planning’s Best Practice Guidelines for Councils using delegated powers to prepare Local Environmental Plans involving land that is owned or controlled by Council.

4. The draft Local Environmental Plan be exhibited for a minimum period of 28 days and the exhibition material include:

5. Following the exhibition, a report be presented to Council advising of any submissions received.

6. Persons/organisations who made submissions be advised of Council’s decision.





JAMES FARRINGTON
Manager
Town Planning Services




Endorsed By:





PETER HINTON
Executive Manager
Planning Division

JR:PA

Attachments:

1. pln43a0.pdfExecutive Manager's Report No. PLN113/01 (18 pages)

2. pln43b0.pdfExecutive Manager's Memo No. PLNDM132/01 (6 pages)

3. pln43c0.pdfLocation Map of Commercial Operations (1 page)

4. pln43d0.pdfCouncil's letter dated 22 August, 2001, (6 pages)

5. pln43e0.pdfCouncil's letter dated 17 January, 2002, (6 pages)

6. pln43f0.pdfAmended draft LEP (5 pages)

File(s) required for Meeting: P70/0153
RECO PRECIS
1. Council amend the draft River Settlements Local Environmental Plan by:
2. Council acknowledge that land will be required at Kangaroo Point to accommodate the land and water based requirements of the Melvy’s Wharf tourism operations.

3. Council re-exhibit the draft River Settlements Local Environmental Plan in accordance with the consultation strategy identified in this report and the Department of Urban Affairs and Planning’s Best Practice Guidelines for Councils using delegated powers to prepare Local Environmental Plans involving land that is owned or controlled by Council.

4. The draft Local Environmental Plan be exhibited for a minimum period of 28 days and the exhibition material include:

5. Following the exhibition, a report be presented to Council advising of any submissions received.

6. Persons/organisations who made submissions be advised of Council’s decision.
LATE ITEMS
No additional information.