Since the completion of the public exhibition Council has been consulting the NSW Department of Planning and Environment (the Department) on the proposals as part of a special “pilot project”.

In late November 2023, Council received final advice from the Department about the project. Amongst other things, that advice directed Council to:

• retain existing conservation zoning throughout the Local Government Area, and
• remove natural hazard criteria (e.g. bushfire prone or flood prone land) and “Medium Environmental Value” criteria from the zoning methodology

Council is currently amending its Conservation Zones criteria and re-mapping the outcomes for further consideration.

Upon completion of this work and other work associated with Council’s new Local Environmental Plan (LEP), a report will be presented to Council (mid-2024) to endorse a Planning Proposal for submission to the Department for a ‘Gateway Determination’. The Planning Proposal and updated draft land use zoning maps will be placed on statutory public exhibition following endorsement by Council and the issue of a Gateway Determination by the Department.

This calendar year (2023), we have been finalising a draft of the new Northern Beaches Local Environmental Plan (LEP) and Development Control Plan (DCP) to provide our community with a clearer, simpler, and fairer set of planning rules.

This has included a series of meetings with the Department of Planning and Environment (DPE) on the Conservation Zones Review. We are currently waiting on written advice from DPE to finalise the Review methodology and other key aspects of the draft LEP.

In the interim, we commenced a program of engagement with the Councillors to discuss proposed LEP content based on the community feedback we have already received.

In 2024, we aim to report to Council a draft LEP for submission to DPE for approval, also referred to as ‘Gateway Determination’.

Once we receive the Gateway Determination, we will prepare the LEP for public exhibition together with a draft DCP. The exact timing of reports to Council and public exhibition relies upon the receipt of final written advice from DPE, the timing of the Gateway Determination from DPE, and the interrelationship of these key decisions with the timing of Local Government Elections (September 2024).

You can view the project timeline at the end of our ‘Planning our Sustainable Future’ webpage.

Pilot Project with Department of Planning and Environment (DPE)

We have completed a series of meetings with the Department of Planning and Environment (DPE) as part of a ‘Pilot Project’ and now we are awaiting their formal advice which we are expecting in early September.

This advice may result in changes to the Conservation Zones Review methodology depending on DPE’s final views on each of the environment and hazard criteria proposed for use in the methodology (see draft methodology).

Once we receive this advice, we will prepare updated mapping of relevant criteria and review the outcomes against previous community submissions to determine the impacts. We anticipate that this process will in many cases resolve the concerns raised in these submissions.

Site Investigations

As resolved at Council’s meeting 23 August 2022, we will undertake an independent review, including a site inspection, where there remains a dispute about rezoning of land under the Review. These independent reviews cannot commence until we receive the DPE advice, re-runs the maps and reviews the impacts on land that may be the subject of a dispute.

Impact on the LEP/DCP Process

The Conservation Zones Pilot Project has resulted in delays to the LEP/DCP Program. Consequently, the updated methodology for the Conservation Zones Review is likely to finalised by late 2023 and the draft LEP/DCP will now go to Council in 2024, with the statutory public exhibition expected in late 2024/early 2025.

Pilot Project with Department of Planning and Environment (DPE)

Earlier in March, Council met with the Department of Planning and Environment (DPE) to discuss a Pilot Project to further investigate the methodology and mapping used in our Conservation Zones Review and to explore potential changes to address community and stakeholder feedback.

This is important because the Department will have the final say about any proposed zoning changes resulting from the Review.

Site visit requests and mapping Investigations

We have also undertaken a review of all the submissions to the public exhibition. This has shown:

• Over three hundred submissions raised concerns with the accuracy of mapping, including approximately fifty which requested a site visit.
• Approximately forty submissions requested a site visit based on their concerns about the methodology.

We are conducting a desktop/ online assessment of those submissions which raised issues with mapping accuracy. This work will continue over the next few months concurrently with the Department of Planning and Environment Pilot Program.

Once we reach agreement with the Department of Planning and Environment on a revised methodology, site inspections will be arranged for landowners whose submissions on mapping have not been resolved.

Due to the timing of the Pilot Project with the Department, site visits may not now commence until July/August. We will contact those who requested a site visit to notify them of the delay.

Whilst Council is considering changes to its methodology to address submissions received, it does not propose to conduct site visits where a submission requests one based on methodology, as specific site conditions will not impact methodology.

We are aiming to complete all relevant work by early September.

The outcomes from the Review will help us develop a draft Northern Beaches Local Environmental Plan and Development Control Plan, which will be presented to Council and exhibited for community feedback in 2024.

We will continue to keep you updated.

We anticipate many of the issues raised can be resolved by potential changes to the draft methodology which Council is currently investigating.

Where areas of dispute remain about the accuracy of Council mapping of criteria used in the review, we will engage relevant consultants and contact those landowners who have requested a site inspection.

We are expecting to commence site visits from May 2023.

We are also meeting with the Department of Planning and Environment to discuss the Review, the submissions received, and possible changes. This is important because the Department will have the final say about any proposed zoning changes resulting from the Review.

The outcomes from the Review will help us develop a draft Northern Beaches Local Environmental Plan and Development Control Plan, which will be presented to Council and exhibited for community feedback in 2024.

We will continue to keep you updated.

Estuarine planning level (EPL) studies define the estuarine inundation (also referred to as coastal inundation) risk during extreme but rare storm events, for affected properties, under both existing and future sea level conditions.

The Draft North and Middle Harbour Estuarine Planning Levels Study prepared by Rhelm Pty Ltd covers the foreshore areas of Manly, Fairlight, Balgowlah Heights, Clontarf, Seaforth and Killarney Heights. Land uses in the study area include national park, public recreation, residential and commercial.

Northern Beaches Council has a responsibility to manage coastal hazard risks under the Coastal Management Act 2016 and State Environmental Planning Policy (Resilience and Hazards) 2021. This includes strategic planning as well as applying planning provisions and development controls to reduce risks to the natural and built environments for current and future coastal hazards. Estuarine inundation is one type of coastal hazard.

Northern Beaches Council uses estuarine inundation mapping to identify foreshore properties that are subject to estuarine inundation. Estuarine inundation mapping is also used to establish appropriate floor levels for new development and identifies properties requiring hazard disclosures on planning certificates.

The study uses the same approach and methodology as the previous Pittwater EPL Study, mapping all properties affected by estuarine inundation.

The outcomes of the study include:

• New proposed estuarine inundation maps for inclusion in the Northern Beaches LEP/DCP

• Specific estuarine planning levels for development for affected properties, under both existing and future sea level conditions.

The study and associated maps provide a consistent and evidence-based approach to mapping estuarine inundation across the LGA. The mapping will be included in the new Northern Beaches LEP/DCP to ensure land use policy responses and development controls address estuarine inundation.

Development controls may include:

• Raising floor levels for new development, in particular residential dwellings, above the EPL (similar to a flood planning level).
• Ensuring that all structural elements below the EPL are flood compatible.
• Designing and constructing buildings to have a low risk of damage from wave action and estuarine inundation.
• Ensuring that all electrical equipment, wiring, service pipes and utilities are raised or waterproofed to the EPL.
• Not permitting storage below the EPL of toxic or potentially polluting goods and materials which may be hazardous or pollute the waterways.

Do the maps and proposed development controls strike the right balance to ensure due diligence for estuarine risk is carried out whilst avoiding onerous development application requirements?