Council received updated flooding and coastal reports from the applicants in December 2020.

Then, in accordance with the requirements of the Department of Planning Industry and Environment, Council formally withdrew the Planning Proposal and resubmitted it for a revised Gateway Determination.

A revised Gateway Determination with the recommendations of the Independent Planning Commission was received.

This included the requirement for revised flooding and coastal inundation reports.

The Independent Planning Commission considered the Planning Proposal in August 2020.

The Commission met with Council staff and the applicants as part of the review. The Commission determined that the proposal should proceed with amendments to the Gateway Determination.

The Department of Planning Industry and Environment notified Council that the review of the Gateway Determination had been forwarded to the NSW Independent Planning Commission for consideration.

The Planning Proposal received a Gateway Determination to proceed from the Department of Planning Industry and Environment.

However, Council disagreed with the determination and sought a review of the determination.

At a meeting on 28 August 2018, Council resolved to note the advice received from the Northern Beaches Local Planning Panel and to submit the Planning Proposal to the Department of Planning Industry and Environment for a Gateway Determination as required by the Sydney North Planning Panel.

View Council Minutes (Item 11.4 p11) - 28 August 2018

The Sydney North Planning Panel considered a Rezoning Review at its meeting of the 2 May 2018. The Panel determined that the proposal should proceed with amendments to a Gateway Determination overturning Council’s decision to refuse the Planning Proposal.

View Sydney North Planning Panel Determination

Northern Beaches Local Planning Panel

Before the Planning Proposal can be lodged with the Department of Planning and Environment, it must be referred to the Northern Beaches Local Planning Panel for advice, in accordance with the Minister for Planning’s Local Planning Directions.

The Northern Beaches Local Planning Panel considered the proposal at its meeting on 1 August 2018. At that meeting the Panel provided the following advice:

The Northern Beaches Local Planning Panel supports the recommendations as detailed in the planning report by the Principal Planner and for the below reasons, that the Planning Proposal not proceed and the matter be referred to Council for their determination.

Reasons:

1. The proposal has not demonstrated strategic merit given the isolated nature of the site. It is inconsistent with the Pittwater Local Planning Strategy (2011).

2. The proposal fails to provide any public benefit of improvement

3. There is no physical contribution to local affordable housing proposed.

4. The proposal does not represent orderly and economic planning.

5. The site is adversely affected by flooding as shown in the Pittwater Overland Flow Mapping and Flood Study and is therefore an inappropriate site for any increased in housing density or development for aged and disabled persons.

6. It does not align with the goals and targets of the North District Plan (March 2018).

7. The lack of strategic direction in the proposed amplifies the likelihood of similar applications in this environmentally sensitive area.

For more detail view the Local Planning Panel page

At the meeting on 28 November, Council resolved that:

A.Council does not submit the Planning Proposal lodged for 2-4 Nooal Street and 66 Bardo Road, Newport for a Gateway Determination for the following reasons:

• It is inconsistent with the Pittwater Local Planning Strategy (2011).
• It does not have strategic merit or site specific merit when assessed in accordance with the NSW Planning & Environment’s Planning Proposal: A guide to preparing planning proposal (2016).
• It does not align with the goals and targets of the Revised Draft North District Plan.
• It is inconsistent with the following State Environmental Planning Policies;

• It is inconsistent with the following Local Planning Directions;

i. 2.1 – Environmental Protection Zones

ii. 4.3 – Flood Prone Land

iii.7.1 – Implementation of the Metropolitan Strategy

iv.Draft Coastal Management Local Planning Direction.

• It is inconsistent with the objectives of the E4 Environmental Living zone in Pittwater LEP 2014.
• It seeks to permit medium density residential development that is inconsistent with the established low density character of the area.
• It would set an unacceptable precedent.

B.The proponent and interested parties who made a submission be advised of Council’s decision.

View Council Minutes (Item 10.8)

Following the Council resolution, the applicant has requested a rezoning review with the Sydney North Planning Panel.

Council undertook a Preliminary Notification (non-statutory) of a Planning Proposal Application for:

• 2 Nooal Street Newport (Lot 1 DP 540092)
• 4 Nooal Street Newport (Lot 1 DP 315279)
• 66 Bardo Road, Newport (Lot 2 DP 540092)

Council sought public comment on this proposal prior to an assessment of the application being reported to Council.

The application seeks to add an Additional Permitted Use to the sites under the Pittwater Local Environmental Plan 2014 to allow for a seniors living development.