DRAFT KU-RING-GAI DEVELOPMENT CONTROL PLAN (TOWN CENTRES) 2009 by lindahy

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									Ordinary Meeting of Council - 9 June 2009                                                            1 /1

Item 1                                                                                           CY00054
                                                                                              29 May 2009


 DRAFT KU-RING-GAI DEVELOPMENT CONTROL PLAN
        (TOWN CENTRES) 2009 TIMETABLE




                                      EXECUTIVE SUMMARY

PURPOSE OF REPORT:                               To have Council consider and endorse the timetable for
                                                 finalisation of the draft Ku-ring-gai Development
                                                 Control Plan (Town Centres) 2009, henceforth referred
                                                 to as the draft DCP.



BACKGROUND:                                      On 27 May 2009 the Ku-ring-gai Planning Panel
                                                 adopted the final Ku-ring-gai Local Environmental Plan
                                                 (Town Centres) 2008. Ku-ring-gai Council is
                                                 responsible for preparing the draft Ku-ring-gai
                                                 Development Control Plan (Town Centres) 2009 that is
                                                 to be in place prior to the gazettal of the Local
                                                 Environmental Plan.



COMMENTS:                                        This report puts forward a timeline for the draft DCP to
                                                 be in place to coincide with the gazettal of the main
                                                 draft Ku-ring-gai LEP (Town Centres). In addition the
                                                 timelines for the aligned projects of the consolidated
                                                 contributions plan, reclassification, public domain plan
                                                 and parking management plan have also been
                                                 prepared to coincide with the Town Centres DCP
                                                 project.



RECOMMENDATION:                                  That Council adopt the timeline for the draft Ku-ring-
                                                 gai Development Control Plan (Town Centres) 2009 and
                                                 receive and note the timelines for the aligned projects
                                                 of the consolidated contributions plan, reclassification,
                                                 public domain plan and parking management plan.




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Item 1                                                                                       CY00054
                                                                                          29 May 2009


PURPOSE OF REPORT

To have Council consider and endorse the timetable for finalisation of the draft Ku-ring-gai
Development Control Plan (Town Centres) 2009, henceforth referred to as the draft DCP.

BACKGROUND

On 16 December 2008 Council considered a report that provided an update on the draft
Development Control Plan (Town Centres) and Aligned Projects and resolved in Part the
following:-

      A.     That Council adopt the structure of the draft Development Control Plan Town Centres
             as in Attachment 1.

      B.     That Council receive and note the updates on the Public Domain Plan, Parking
             Management Plan and the development contributions planning.


COMMENTS

Ku-ring-gai Council is the responsible entity for the finalisation of a series of projects that will
support the draft Local Environmental Plan (LEP) and deliver on the implementation of key local
infrastructure, public domain improvements, planning and urban design outcomes.

The Town Centres Development Control Plan (DCP) and aligned projects will need to be in place
when the Ku-ring-gai draft Local Environmental Plan (Town Centres) 2008 comes into force, to
assist with the orderly delivery and implementation of the town centres plans. At this stage
gazettal is anticipated to be September or October 2009.

The Draft Development Control Plan (Town Centres) 2009

The draft DCP provides detailed provisions with respect to development to achieve the stated aims
and purpose of Ku-ring-gai draft Local Environmental Plan (Town Centres) 2008.

The draft DCP establishes a framework for future development in the Ku-ring-gai Planning Panel
areas by specifying a series of urban strategies to help achieve the community’s vision for each
respective centre.

The planning framework contained in the draft DCP adopts a place-based planning approach by
defining appropriate building types and developing place-specific controls, supported by detailed
design and environmental controls aimed at achieving a high quality built environment, landscape
setting and community spaces.

The Department of Planning in a letter dated 11 November 2008 have advised Council to ensure
that DCP generally conforms with the provisions of the Town Centres LEP and that the DCP is
completed to coincide with the finalisation of the Town Centres LEP (see Attachment 1) The
Department has regularly sought updates on progress of the draft DCP in the intervening six (6)

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Item 1                                                                                     CY00054
                                                                                        29 May 2009

months. The Department have also made it clear in the past the DCP should not limit or reduce
development potential within the LEP.

To date there has been a considerable amount of work on the preparation of the draft DCP by staff
as well as a series of Councillor briefings on the draft DCP:

•     19 December 2008 Council meeting endorsement of structure.
•     20 January 2009 Councillor Overview of LEPs and DCP and aligned projects.
•     17 February 2009 Council Briefing.
•     21 April 2009 Councillor Briefing.
•     5 May Urban Design Bus Tour key site in Metropolitan Sydney.
•     2 June 2009 briefing on Part 2 of the DCP.

On 27 May 2009 the Ku-ring-gai Planning Panel adopted the revised Ku-ring-gai Local
Environmental Plan (Town Centres) 2008.

Attachment 2 shows the recommended timeline for the completion of the DCP and indicates
consideration of the draft DCP at a Council Committee meeting on 28 July 2009, with an expected
exhibition period in August 2009 and adoption post exhibition in October 2009.


ALIGNED PROJECTS

Ku-ring-gai Town Centres Development Contribution Plan (consolidated)

Ku-ring-gai Council Section 94 Contributions Plan 2004-2009 Residential Development
(Amendment 2) was developed as a five year contributions plan in 2004. It is due to expire during
2009. This is now imminent.

Ku-ring-gai Town Centres Development Contributions Plan 2008 is built upon development and
population projections based on the development which would have been permitted by Council’s
draft LEP 2007 for the Town Centres plus development currently permitted under the gazetted LEP
194 and LEP 200. Review is required as a result of draft Town Centres LEP 2009 adopted by the
Ku-ring-gai Planning Panel on 27 May 2009.

The consolidation of the two Contributions Plans currently applying to the Ku-ring-gai Local
Government Area is an integral platform of the financial strategy underpinning the infrastructure
which supports new development. It is intended that this document will be reported for exhibition
concurrent with the draft Town Centres Development Control Plan 2009; however, the
Contributions Plan is subject to some uncertainty due to the current investigation of Ku-ring-gai’s
application to exceed the $20,000 threshold for its current plans. The current Section 94E
Direction limiting contributions to $20,000 per residential dwelling would preclude Council
adopting a new Contributions Plan exceeding this threshold and staff are currently seeking advice
on how to formally proceed. It is important that these documents are exhibited in tandem and are
in force before the Town Centres LEP comes into force. The draft Ku-ring-gai Contributions Plan
2009 is expected to be reported to Council as per the attached timeline (see Attachment 2). There
will be a further briefing on this project.




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Item 1                                                                                        CY00054
                                                                                           29 May 2009

Reclassification of Council Lands

Council owns a number of strategic sites within all centres that have been rezoned under the Ku-
ring-gai draft Local Environmental Plan (Town Centres) 2008. The majority of these sites are
classified as community land under the provisions of the Local Government Act, 1993.

To date the process to have the Council owned lands reclassified to operational land has not been
completed due to a range of factors including legal issue; the complexity of the process of land
reclassification being held under two sets of legislation the Environmental Planning and
Assessment Act 1979 and the Local Government Act 1993; and finally a change in the responsible
authority for finalising the town centres planning from Ku-ring-gai Council to the Ku-ring-gai
Planning Panel.

Moreover, there has been an ad hoc approach to reclassification over the past year with several
key Council owned sites being excluded from the draft LEPs for reclassification, although these
sites have recently rezoned under the Ku-ring-gai draft Local Environmental Plan (Town Centres)
2008.

The process forward will be to prepare the necessary information for the draft LEP and exhibition
for all Council owned sites within the Ku-ring-gai Planning Panel boundaries and have this
information ready for exhibition immediately after the formal gazettal of the Ku-ring-gai draft
Local Environmental Plan (Town Centres) 2008.

The process will be in two stages; firstly Council will consider and endorse the sites for
reclassification; and secondly a request will be made to the Ku-ring-gai Planning Panel to formally
exhibit the draft LEP as amendment No .1 to the Ku-ring-gai draft Local Environmental Plan (Town
Centres) 2008 if the Panel is still in place at this time.

A further briefing will be provided to Councillors prior to the matter of reclassification being
formally considered by Council.

Public Domain Plan (PDP)
To date a Council has appointed specialist consultant team, to work closely with a Project
Reference Group (PRG) established by Council, to prepare and deliver the Plan.

A significant amount of work has been undertaken to date to develop principles and criteria for the
selection of furniture and materials. A preferred furniture range has been selected by the PRG and
two paving options have been identified and have been reviewed. It is proposed to exhibit both
options (granite unit paving and concrete unit paving). A preferred paving type will be selected
after exhibition and public comment has been received.

Changes to the draft DCP and the anticipated timing for gazettal of draft LEP 2008 have prompted
a revised structure for the PDP and a revised program to ensure the PDP is consistent with the
draft DCP and is finished as close as possible to the time of draft LEP (Town Centres) 2008
gazettal. Attachment 2 includes the timeline for this project for Council’s information.

Parking Management Plan
The Parking Management Plan is being prepared for each town centre for reporting to Council
prior to gazettal of the draft LEP (Town Centres). The objective of the Parking Management Plan is

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Item 1                                                                                     CY00054
                                                                                        29 May 2009

to develop a comprehensive plan for the long term management and provision of car parking
within the main commercial centres of Ku-ring-gai Local Government Area (LGA). In particular, it
seeks to address existing Council resolutions in relation to parking within the town centres;
provide strategies for to maintaining current levels of public off-street car parking (both time
restricted and unrestricted); as well as developing strategies to manage and compensate for any
parking shortfalls that may arise.

To date, parking surveys, literature review, data collection, calculation of parking demands
shortfalls and/or oversupplies have been undertaken. The base information prepared by ARUP
indicates that future parking provision in the centres should be generally adequate. Precinct by
precinct analysis of the 6 centres has been completed by staff and a Working Party was formed to
provide community input at key stages and met over 2 sessions, in early December 2007 and
February 2008. In early 2008, Council resolved to prepare a Parking Study for the Wahroonga
Centre, and ARUP was also engaged to analyse the traffic and parking situation, in a similar
fashion to the other 6 centres. The results of this work are being finalised in a Parking
Management Plan for the 6 town centres and Wahroonga, which will soon be placed on public
exhibition for further feedback. Attachment 2 includes the timeline for this project for Council’s
information.

Aligned Projects – the next steps

There will be a series of further briefings for Councillors prior to these projects being put to
Council for formal exhibition over the next few months. For the aligned projects of the
consolidated contributions plan, reclassification, public domain plan and parking management
plan.

CONSULTATION

Consultation for the draft Development Control Plan will be undertaken during the exhibition of the
document.

FINANCIAL CONSIDERATIONS

The costs of preparing the draft DCP, Parking Management Plan and reclassification projects are
covered by the Urban Planning, Strategy and Environment Department Budget. The Contributions
Plan and Public Domain are funded via Council’s Development Contribution Plan.

CONSULTATION WITH OTHER COUNCIL DEPARTMENTS

An integrated planning approach has been adopted for this project and where appropriate other
Departments of Council have been consulted in the project including the Development and
Regulation Department.

SUMMARY

Ku-ring-gai Council is responsible for the finalisation of a series of key programs associated with
Ku-ring-gai draft Local Environmental Plan (Town Centres) 2008 including the Town Centres
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Item 1                                                                                        CY00054
                                                                                           29 May 2009

Development Control Plan, Public Domain Plan, Parking Management Plan, Reclassification and
Consolidated Contributions Plan all of which will need to be in place when draft Ku-ring-gai Local
Environmental Plan (Town Centres) 2008 comes into force.

RECOMMENDATION

         A.    That Council adopt the timeline for the draft Ku-ring-gai Development Control Plan
               (Town Centres) 2009.

         B.    That Council receive and note the timelines for the consolidated contributions plan,
               reclassification, public domain plan and parking management plan.

         C.    That the Department of Planning be notified of Council’s decision.




Antony Fabbro                                            Andrew Watson
Manager Urban & Heritage Planning                        Director Strategy & Environment



Attachments:          1. Letter from Department of Planning of 11 November 2008 regarding progress
                      of the Development Control Plan - 2009/079384
                      2. Timelines for draft DCP and Aligned Projects - 2009/079391




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