Council to maintain objection
The Planning Proposal for 2-4 Nooal Street and 66 Bardo Road, Newport (PP0003/17) was on public exhibition following a revised Gateway Determination from 28 April to 30 May 2021.
The Planning Proposal seeks to amend the Pittwater Local Environmental Plan 2014 (Schedule 1 Additional Permitted Uses) to allow for seniors living on the site.
A report noting the outcome of the statutory public exhibition of the Planning Proposal was presented at the Council meeting held on Tuesday 27 July 2021.
At the meeting it was recommended that Council:
1. Continue to maintain its objection to the Planning Proposal for the following reasons:
A. The Planning Proposal is inconsistent with the provisions of the North District Plan.
B. The Planning Proposal is inconsistent with the provisions of Council’s Local Strategic Planning Statement - Towards 2040.
C. The Planning Proposal does not demonstrate strategic merit or site specific merit when assessed against the NSW Planning & Environment’s: A guide to preparing planning proposals.
D. The Planning Proposal is inconsistent with the objectives of the E4 Environmental Living zone.
E. The Planning Proposal is out of character with the surrounding locality.
F. The Planning Proposal may establish an unwanted precedent.
G. The Planning Proposal does not provide affordable housing in keeping with the requirements of Council’s Affordable Housing Policy.
2. Write to the Minister for Planning requesting that the Planning Proposal not progress to finalisation in accordance with section 3.35(4) of the Environmental Planning and Assessment Act, 1979.
3. Forward the Planning Proposal with all relevant supporting information to the NSW Department of Planning, Industry and Environment as the Local Planning Making Authority.
View the Council minutes, item 12.3, pg. 16
Once a determination has been received from the NSW Department of Planning, Industry and Environment we will update this page and notify submitters by email.
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.
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.
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.
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.
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;
iii.Draft Coastal Management.
- 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.
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.
2021 Post gateway exhibition documents
2017 Non statutory public exhibition documents
Have an enquiry?
Have questions or want to learn more about this, contact us below:
|Name||Brendan Gavin - Principal Planner|
|Phone||1300 434 434|
'Planning Proposal 2-4 Nooal Street and 66 Bardo Road, Newport', Northern Beaches Council, PO Box 82, Manly NSW 1655.