FAQs

Council has adopted a Local Strategic Planning Statement which makes policy directions to which the Local Environmental Plan must be aligned. This also represents an opportunity to fix some minor issues with the Local Environmental Plan. 

Council has determined this Planning Proposal demonstrates merit to proceed to public exhibition. 

Changes to Align to Local Strategic Planning Statement

1. Facilitate the ANSTO Innovation Precinct through changes to the mapped purpose of the special purpose zoning that applies to the site.
2. Give statutory effect to the Sutherland Shire Green Grid.
3. Protect water quality by applying the stormwater controls in Clause 6.4 Stormwater management to all land.
4. Retain more vegetation in suburban areas in E4 Environmental Living zone through amendment of the local complying development provisions.

Other Minor Amendments

1. Add provisions to facilitate subdivisions for the purpose of closing roads under the Roads Act 1993.
2. Remove Clause 4.1C Minimum lot sizes for land containing secondary dwellings as it is an unnecessary duplicate of Clause 2.6(2).
3. Add objectives to Clause 4.1E Minimum lot sizes for dual occupancies and multi dwelling housing to better describe Council’s intent of limiting residential density and protecting local character in the zones to which this clause applies.
4. Remove flood mapping from the SSLEP2015, and amend the flooding provisions to refer to flooding maps on Council’s website.
5. Remove Clause 6.10 Development on the foreshores of Port Hacking, Georges River, Woronora River and Port Botany and associated mapping in response to State Environmental Planning Policy (Coastal Management) 2018 and the repeal of State Environmental Planning Policy No. 71 – Coastal Protection.
6. Rezone land to facilitate a land swap agreement at Geebung Lane in Engadine.
7. Introduce a minimum lot size requirement for boarding house developments in new buildings in the R2 zone.
8. Add a savings clause for applications lodged but not determined.
9. Rezoning to recognise a new Council reserve at 168 Oak Road, Kirrawee.
10. Amend Clause 5.6 Architectural roof features to focus the application of the clause to specified prescribed zones only.
11. Correct a zoning anomaly on a portion of the former church site at 1 Rosebery Street (Formerly 1R Waterfall Road), Heathcote.
12. Clarify the drafting of clause 6.9 to confirm that rebuilding of existing dwellings must not extend further into the foreshore area than the existing dwelling.

ANSTO is Australia's Nuclear Science and Technology Organisation. It is intending to expand its Lucas Heights facility to become a research and innovation precinct, containing a graduate institute, innovation incubator and technology park. These will be based around the unique research facilities provided on the ANSTO Campus. The ANSTO Collaboration Area Place Strategy was approved by the Greater Sydney Commission in December 2019 facilitating its transition to a research and technology hub.

Sutherland Shire Local Strategic Planning Statement Priority 14 aims to support employment growth at ANSTO Innovation Precinct to allow for more highly skilled local employment opportunities.  Action 14.5 states Apply broad land use permissibility to the ANSTO precinct to support a wide and flexible range of uses, including opportunities for short to medium-term visitor accommodation and employment and tourism opportunities for the local Aboriginal community.

The planning proposal amends the mapped purpose for this land from the existing “Research and Technology” to “Innovation Precinct”. In practice, this will not affect the use of the ANSTO site as it is regulated under it’s own Act of the Commonwealth Parliament.

Sutherland Shire’s Green Grid is a strategy which builds on Council’s cycleways, footpaths and detailed public domain manual to facilitate a co-ordinated network of high quality green spaces, tree-lined streets and corridors. 

The Green Grid will support walking, cycling and community access to:
- Centres and public transport hubs
- Schools, shops and community facilities
- Natural destinations (e.g. beaches, waterways, bushland)
- Bush trails through the National Parks
- Greenweb biodiversity corridors
 - Hydrological and drainage corridors.

The Green Grid clause in the SSLEP2015 creates a legislative requirement so that when someone lodges a Development Application with Council on a site that will be part of or adjacent to the Green Grid, the Assessing Officer has to consider how it might contribute to the Green Grid.

People who live on the Green Grid map and apply for major development work on their land may have some additional requirements to satisfy such as planting trees, building the path in front of their site and making sure that their driveways and landscaping do not create safety problems. People who don’t live on the Green Grid will still enjoy the tree plantings and improved and expanded network of walking and cycling paths it will create.

To give effect to the Green Grid Strategy, a new clause and the Green Grid Map are being introduced as a local provision in the SSLEP2015. The clause will apply to land identified on the map as part of the “Green Grid Links” layer which includes streets, paths, corridors and adjoining land holdings to ensure private development can respond to the Green Grid. The Green Grid map will be subject to ongoing changes as specific projects are completed and new projects are identified for inclusion.

Clause 6.4 Stormwater Management requires development to consider and minimise the impacts of urban stormwater on adjoining land, native bushland and waterways. This clause currently only applies to residential, business and industrial zones and land zoned E3 Environmental Management and Zone E4 Environmental Living. 

Council’s LSPS promotes water efficiency and stormwater management across all areas of the Sutherland Shire and Water NSW has requested that Clause 6.4 be amended to expand its application to all land in the LGA.  Expanding the provisions of Clause 6.4 to include all land will apply these provisions to all development and land in the Sutherland Shire.

The LEP has complying development provisions applying for zone E4 Environmental Living that allow for a development of dwelling houses and ancillary development. At present, vegetation removal or pruning undertaken for development under this Schedule requires a separate permit unless the vegetation satisfies one of the following criteria:

•           the tree or vegetation is within 3m of the development; or

•           the tree or vegetation is less than 6m high.

Council’s original intent in making this provision was to require both criteria be satisfied to exempt a tree or vegetation from the need for a permit. This was to ensure that only minor vegetation close to the development could be removed as complying development. 

In contrast, the current drafting allows small trees to be removed anywhere on the site even if they bear no relation to the development being undertaken. Council is therefore seeking to amend the drafting of this provision so that trees and vegetation must satisfy both the height and proximity tests in order to qualify for removal without a separate permit or consent.

• 4.1C Minimum lot sizes for land containing secondary dwellings: It is proposed to remove this clause as the provisions are duplicated by clause 2.6(c).
• 6.10 Development on the foreshores of Port Hacking, Georges River, Woronora River and Port Botany: It is proposed to remove this clause and mapping as its provisions are superseded by the Coastal Management Act 2016 and SEPP Coastal Management 2018.

Council has agreed (SER033-18 October 2018) to a land swap with the owners of 5 Preston Avenue Engadine, (Engadine Tavern Project Pty Ltd). A portion of the privately owned car park (approximately 160m²) is to be exchanged for a portion of public road (143.5 m²) along Geebung Lane, adjacent to 5 Preston Avenue Engadine (Lot 6 DP 232490). The land exchange results in the extension of Engadine Town Park, located at 1058-1062 Old Princes Highway Engadine and the formal closure of the portion of road. All existing private access on Geebung Road will be maintained.

Consequently the Planning Proposal seeks to amend the Sutherland Shire Local Environmental Plan 2015 by: 

• The park extension (5 Preston Avenue) will be rezoned from B3 Commercial to RE1 Pubic Recreation with removal of the mapped building height and FSR limit.
• The road closure portion will retain the B3 commercial core zoning, but have a Floor Space Ratio limit of 2:1 and height limit of 20m applied.

Council resolved to amend SSLEP2015 to require a minimum lot size of 800m² for the development of Boarding Houses in all zones (Minute No. 302, PLN037-19).  However, the Department of Planning imposed a condition on their Gateway approval, requiring that the provision be amended to apply only to the R2 Low Density Residential zone and only to new buildings constructed for the purpose of boarding houses. Change of use applications to convert existing dwelling houses to boarding houses will be exempted from the minimum lot size requirement.

Consequently the planning proposal seeks to apply an 800m² minimum lot size requirement to new buildings constructed for the purpose of a boarding house in the R2 zone only.

Clause 6.3 Flood Planning identifies applies to land at or below the flood planning level as identified in the Flood Planning Map. 

Flood planning information is subject to regular review - as new studies, development or environmental changes evolve, and Council’s understanding of flood affected land improves. Because the flood planning maps are in the LEP, a Planning Proposal is required to update information. This results in there being delays in the maps reflecting the latest and most accurate information. More up to date flood studies and flood hazard risk mapping is provided on Council’s website.

It is therefore proposed that clause 6.3 be amended to remove the reference at 2(a) to land identified on the flood planning map, remove the Flood Planning Map from the suite of LEP maps, and remove the definition of ‘Flood Planning Map’ in the Dictionary. 

Development on land at or below the flood planning level will still need to satisfy the provisions of Clause 6.3 Flood Planning in the SSLEP2015.

The property at 1 Rosebery Street, Heathcote was used as a church from the 1980s. In 2000 the church property was extended through the purchase of a small (44m²) portion of adjacent land to the rear of the property (Lot 10 DP 1014211) which had the separate address 1R Waterfall Road, Heathcote. This new parcel was developed for the purpose of expanding the church carpark in the same year.

Under the Sutherland Shire Local Environmental Plan 2000, the lot was zoned “7(b) Environment protection” in line with the adjacent crown land. At the introduction of the Sutherland Shire Local Environmental Plan 2015 the zone of this lot was transferred to the equivalent zone “E2 Environmental Conservation” along with most land in the former 7(b) zone. The zone change occurred despite this parcel being entirely used as a bitumen car park with no remaining vegetation. The rest of the former church site is zoned R2 Low Density Residential.

The site is now in different ownership and a development application (DA20/0430) has been submitted for “Demolition of existing structures, construction of a multi-dwelling housing complex comprising of twelve (12) dwellings and strata subdivision”. The proposed use is prohibited in the E2 Zone and this has prompted the applicant to request the zoning anomaly be corrected.

It is therefore proposed that the zoning anomaly be corrected by changing the zone of Lot 10 DP 1014211 from E2 Environmental Conservation to R2 Low Density Residential and applying development standards consistent with the rest of the former church site.

SSLEP2015 limits development through clause 6.9 in order to protect the natural and aesthetic qualities of the foreshore area. The clause recognises that in the past some homes were constructed in the foreshore area and provides exceptions to allow them to be rebuilt, altered and extended provided that they do not intrude further into the foreshore area as a result.

The current drafting of the clause is problematic because it directly limits the expansion of dwellings in the foreshore area by extension or alteration, but does not limit the expansion of these dwellings when they are rebuilt. 

To address this inconsistency it is recommended that the clause be amended slightly at (2)(a) to apply the existing limitation on the footprint of development in the foreshore area to the rebuilding of an existing dwelling.

• The new Council Park at 168 Oak Road Kirrawee will be zoned and mapped appropriately in the LEP.
• Amendments will be made to subdivision clauses 4.1 and 4.1A to allow Council to close roads where they are no longer needed. This will assist in the disposal of surplus land, and may assist in the provision of new public open space.
• Additional objectives will be added clause 4.1E to better recognise the intent of the clause to achieve planned residential density in certain zones. The actual operation of the clause will not change.
• Clause 5.6 Architectural Roof Features will be amended so that it applies only in higher density zones.
• A savings provision will be introduced to ensure that any development applications under assessment with Council when the proposal is gazetted are not retrospectively affected.

No. The Green Grid does not acquire private property. It seeks to establish a network of walking and cycling paths shaded by trees on public property, primarily on the footpath or in the street. The only impacts on private property will be at the time of redevelopment for larger scale development like dual occupancies, townhouses or flats. The developers of those projects will be required to construct the section of path in front of their site, and design their driveways & landscaping to ensure safe entry and exit for vehicles and people on the pathway.

The Green Grid does not limit the use or development potential of private property, and therefore is unlikely to reduce its value. The only impacts of the Green Grid on private property will be at the time of redevelopment for larger scale development like dual occupancies, townhouses or flats. The developers of those projects will be required to construct the section of path in front of their site, and design their driveways & landscaping to ensure safe entry and exit for vehicles and people on the pathway. This doesn’t reduce the yield of development. Published research has shown that streets with more tree canopy coverage tend to have higher property values than other streets in the same suburb.