Docstoc

DEVELOPMENT APPLICATION RELATING TO LAND VESTED IN THE CROWN

Document Sample
DEVELOPMENT APPLICATION RELATING TO LAND VESTED IN THE CROWN Powered By Docstoc
					The Director                                                             Level 1, 76 Victoria Street
                                                                                       PO Box 272
Coastal Assessments                                                               GRAFTON 2460
Department of Planning                                                           T (02) 6640 3400
GPO Box 39                                                                       F (02) 6642 8124
SYDNEY NSW 2001


Our reference: 09/08674                                                06 November 2009
Your reference:07_0075


Attention: Annette Birchall


Dear Ms Birchall,

Re: Environmental Assessment Exhibition – Major Project 09_0075 –
Residential Subdivision of 45 Hearne’s lake Road, Woolgoolga

Following a meeting between the Land and Property Management Authority (LPMA), BBK
Development Corporation Pty Ltd (the Proponent), and EcoLogical Australia Pty Ltd on 6
November 2009, and a subsequent meeting between the LPMA and the Proponent on 11
November 2009, agreement has been reached between the LPMA and the Proponent in
relation to the use of Hearne’s Lake Road in association with the proposed residential
subdivision of 45 Hearne’s Lake Road, Woolgoolga (Lot 21 DP714858 or the Subject
Site).

The agreement is detailed in the letter from the Proponent dated 12 November 2009
attached as Annexure A.

In light of the agreement, the LPMA is prepared to grant landowner’s consent for the
following works along the Road:
     The laying of sewage and water mains along the northern mown verge of the Road,
     extending eastwards from the Pacific Highway to the south west corner of the Subject
     Site.
     The construction of a pedestrian footpath along the southern mown verge of the Road,
     extending eastwards from the Pacific Highway to the south west corner of the Subject
     Site.
     The establishment of formal property access to the south-western corner of the
     Subject Site (consisting of bitumen surfacing and the upgrading of three driveways to
     the immediate west).
     The installation of new, or the upgrading of existing, stormwater drainage
     infrastructure (culverts, pipes, headwalls and table drains) along the Road to the west
     of the property access.
     The extension of bitumen surfacing towards the existing vehicular access point to
     Hearne’s Lake Beach.
     The upgrading of the existing track along the southern boundary of the Subject Site
     (including resurfacing and the reinstatement of drainage) to provide for fire
     management and facilitate pedestrian (that is, resident) access to Hearne’s Lake and
     Hearne’s Lake Beach.

                                                                         www.lpma.nsw.gov.au

                                                                          ABN 33 537 762 019
Landowner’s consent is granted subject to the following:
   The Crown and the Minister for Lands are indemnified and kept indemnified against all
   claims arising out of the use and occupation of the land in respect of the proposed
   development.
   The works along the Road are undertaken according to the Preferred Project Report
   (PPR) and the following PPR plans:
   o ‘Map 4S Sewer Concept De Groot and Benson August 2009 Rev H’ (Annexure B);
   o ‘Map 4W Water Concept De Groot and Benson August 2009 Rev H’ (Annexure C);
   o ‘Map 27 Hearnes Lake Road Plan De Groot and Benson August 2009 Rev H’
       (Annexure D);
   o ‘Map 28 Hearnes Lake Road Plan De Groot and Benson August 2009 Rev H’
       (Annexure E); and
   o ‘Map 29 Hearnes Lake Road Plan De Groot and Benson August 2009 Rev H’
       (Annexure F).
   That section of Hearne’s Lake Road directly affected by the abovementioned works
   and not amounting to greater than a width of 20m from the southern boundaries of
   Lots 4, 5, 6 and 7 DP 612977, Lots 31 and 32 DP 1047234, Lot 1 DP 253878, and
   Lots 201 and 202 DP 1066412 is transferred to Coffs Harbour City Council as a
   Council Public Road prior to the issuance of a construction certificate for the works.

Landowner’s consent is also granted in relation to those specific planning and on-ground
activities proposed for Hearne’s Lake Road and Crown Reserve 74543 detailed in the
Proponents letter of 12 November 2009, subject to the following:
    The Crown and the Minister for Lands are indemnified and kept indemnified against all
    claims arising out of the use and occupation of the land in respect of the proposed
    activities.
    Consent is given without prejudice so full investigation of the activities can proceed
    during the development of the proposed Vegetation Management Plan (VMP) and
    when plans, drawings and designs pertaining to specific on-ground activities are
    submitted to the LPMA for approval. The LPMA, on behalf of the Minister, reserves the
    right to submit comments on the proposed activities during the development of the
    VMP and the drafting of relevant plans, drawings and designs.
    The proposed activities are authorised by the LPMA prior to the commencement of the
    activities.

Please feel free to contact Ian Hanson on 6640 3436 or Ian.Hanson@lpma.nsw.gov.au if
you have any questions or concerns in relation to these comments.


Yours sincerely,




David McPherson
Team Leader - Environment
Land Management Program
Crown Lands Division
Far North Coast
 DEVELOPMENT APPLICATION RELATING TO LAND VESTED IN THE CROWN

 CONSENT AS OWNERS OF THE LAND PURSUANT TO SECTION 78A OF THE
 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 AND CLAUSE 49
 OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000

                                                            Our Reference: 09/08674

APPLICANT:                 Mr Barry France
                           BBK Development Corporation Pty Ltd
                           45 Hearne’s Lake Road
                           WOOLGOOLGA NSW 2454
PROPERTY DETAILS:          Crown Public Road – Hearnes Lake Road
                           Crown Reserve 74543 for Public Recreation notified 25
                           October 1951 (Lot 7011 DP1070054)
                           Parish of Woolgoolga
                           County of Fitzroy
                           Coffs Harbour Local Government Area
HOLDING DETAILS:           -
DEVELOPMENT:                   The laying of sewage (gravity rising) and water
                               (150mm) mains along the northern mown verge of
                               the Road, extending eastwards from the Pacific
                               Highway to the south west corner of Lot 21
                               DP714858.
                               The construction of a 1.2m-wide AC footpath along
                               the southern mown verge of the Road, extending
                               eastwards from the Pacific Highway to the south
                               west corner of Lot 21 DP714858.
                               The establishment of a formal property access to
                               the south-western corner of Lot 21 DP714858
                               (consisting of bitumen surfacing and the upgrading
                               of three existing driveways to the west).
                               The installation of new, or the upgrading of existing,
                               stormwater drainage infrastructure (culverts, pipes,
                               headwalls and table drains) along Hearne’s Lake
                               Road to the west of the property access.
                               The extension of bitumen surfacing towards the
                               existing access to Hearne’s Lake Beach.
                               The upgrading of the existing track along the
                               southern boundary of the Subject Site (including
                               resurfacing and the reinstatement of drainage).
                               The extension of the dog-proof fence along the
                               southern verge of the upgraded track (including the
                               installation of gates to allow access to the remaining
                               permissive occupancies on Hearne’s Lake Road).
                               Those specific planning and on-ground activities
                               detailed in the letter from BBK Development
                               Corporation Pty Ltd dated 12 November 2009 and
                               attached as Annexure A.

Consent as owner of the above-described lands pursuant to Section 78A of the
Environmental Planning and Assessment Act 1979 and Clause 49 of the
Environmental Planning and Assessment Regulation 2000.
Under Instrument of Authority dated 21 April 2006, I, David McPherson, Team Leader
Environment, Land Management Program, Crown Lands Division, Land and Property Management
Authority, 76 Victoria Street (PO Box 272) GRAFTON, NSW 2460 for and on behalf of the Crown
being the owner of the land, hereby consent to the making of the attached development application
for Crown lands for the proposed upgrade of Hearne’s Lake Road in association with the residential
subdivision of Lot 21 DP714858 as detailed above, and those specific planning and on-ground
activities detailed in the letter from BBK Development Corporation Pty Ltd dated 12 November
2009 and attached as Annexure A, subject to the aforementioned conditions of consent.




David McPherson
Team Leader Environment
Land Management Program
Crown Lands Division
Date:16/11/09
                                        ANNEXURE A
Attention Mr Ian Hanson                                                               12 /11/ 2009.
Land and Property Management Authority
Crowns Land Division
Far North Coast

Dear Ian

Further to our site meeting and discussions I would outline BBK Development Corporation PTY LTD
position regarding proposed improvements to Crown Land (shown in figure 1-your reference
09/08674) to offset benefits by utilising the existing 4M wide access track servicing existing
permissive occupancies as a combined fire trail and pedestrian public walk way.


BBK proposed to carry out works in kind which will be listed in a statement of commitments and to
be added to our existing commitments listed in our PPR.

        BBK will expand the scope of the proposed Vegetation Management Plan to encompass the
       adjacent Crown lands and submit this to LPMA for comment during the development and
       approval once development is completed.
       Extend the proposed subdivision dog proof fence (seaward of subdivision fire trail) to
       include a dog proof fence South of the existing permissive occupancies access track
       terminating at the existing car parking area. Two access gates will be provided opposite the
       two permissive occupancies. The benefits of the fences are:

   A. Formalisation of pedestrian track to navigate beach users to the existing beach access point
      and reduce unfettered beach access.
   B. Provide a clear vegetation corridor from lake foreshore to SEPP 26.

       Revegetation of areas currently impacted by permissive occupancies on removal of beach
       shacks when tenancy expires as per the proposed Vegetation Management Plan.
       BBK proposed to dedicate land seaward of the proposed subdivision fire trail for inclusion
       into the existing Regional Crown Reserve shown in gold in Figure 1 ( this will be via an
       addition to Crown Reserve 74543). Dedication of land known as lot 28 in proposed
       subdivision would be on issue of Construction Certificate and Linen plan as per our PPR.
       Dedication to Regional Crown Reserve would replace existing PPR proposal to dedicate lot
       28 of the proposed subdivision to Coffs Harbour City Council.
       Edge planting to Southern tip of SEPP 26 to reduce impact from “Edge Effects” with suitable
       species as listed in PPR and as per the Vegetation management Plan.
       Formalisation of existing car park area and where possible increase number of parking bays
       subject to LPMA design approval.
       Formalisation of lake car parking area to reduce impacts from random vehicle parking
       subject to LPMA design approval. Revegetate parts of lake foreshore area with suitable
       grasses and plants as per the Vegetation Management Plan.
       Provide dedicated picnic area with timber seating and tables subject to LPMA design and
       location approvals.
       Provided interpretive signage at beach access point, car park areas and picnic area subject to
       LPMA design and location approvals. Interpretive signage to include such items as location
       and importance of Little Terns nesting area and the Solitary Islands Marine Park.
       Provide gravel surface to existing permissive occupancies access track and form to include
       adequate drainage of track. Track to be utilized as combined fire trail and pedestrian access.
        Provide sewer point and mains water to a determined location in existing car park for
        proposed toilet facilities.
        Provide weed management for a two year period (post construction)to the adjacent Crown
        land as detailed in the Vegetation Management Plan. Further weed management and
        allocation of responsibilities would be detailed in the Vegetation Management Plan.

The above commitments / works are to be carried out by date of issue of Construction Certificate for
the subdivision.

Upgrade works to be carried out on Hearne’s Lake Road will be carried out as listed in PPR.


Note: Additional works suggested by BBK but not to form part of our current subdivisional approval
/assessment by DOP. We believe the following items require further discussion with various
stakeholders and we request these be addressed as specified post Part 3 A determination.
CHCC have listed a Canoe Launching and Toilet facility in the Hearne’s Lake / Sandy Beach DCP.
Section 94 contributions have been allocated towards the provision of these proposed facilities. We
seek consent be granted for these works to be carried out on Crown Land subject to a LPMA
approval on design and location. We propose funding of these facilities and ongoing maintenance be
allocated from CHCC section 94 contributions. BBK proposes to forward fund these facilities in lieu of
section 94 and section 64 contribution payments. CHCC and LPMA to form agreement for DCP listed
facilities.
We believe these facilities would be of benefit to the public and the inclusion of a toilet facility to
have environmental benefit.


Yours sincerely

Barry France
Director BBK
0407301404.
ANNEXURE B (scale @ A3)
ANNEXURE C (scale @ A3)
ANNEXURE D (scale @ A3)
ANNEXURE E (scale @ A3)
ANNEXURE F (Scale @ A3)

				
DOCUMENT INFO
Shared By:
Categories:
Stats:
views:19
posted:5/4/2010
language:English
pages:11
Description: DEVELOPMENT APPLICATION RELATING TO LAND VESTED IN THE CROWN