Thursday, 13 September 2012

NSW Planning System Green Paper Submission





14 September, 2012


New Planning System Team,
Department of Planning and Infrastructure
GPO Box 39
SYDNEY NSW 2001



Pyrmont Action Inc was established in 2003 to foster cooperation between the local Pyrmont community, Council and other government agencies; to work towards the enhancement of the physical, social and economic environment of Pyrmont; to provide a vehicle for resolution of community issues; and to promote community cohesion.    We have a reputation for providing well-considered and sensible input to the local community as well as agencies with responsibility for planning and development in Pyrmont and its environs.  For example, our members have been involved in the Bays Precinct CRG and have provided input to Community representatives on the Bays Precinct Task Force.   Our active involvement across a large range of local issues, and the relationships we have developed with a range of stakeholders including the local community, the City of Sydney, developers such as Lend Lease, and the Sydney Harbour Foreshore Authority, positions us well to comment on the Green Paper, especially the community consultation proposals. 

The key lesson to be learned from the redevelopment of Pyrmont over the last 20 years is that it is extremely difficult to anticipate the future, and even more difficult to reactively respond to needs in the absence of sufficient land for local infrastructure; therefore plans need to provide the flexibility to meet community needs as they arise.  The planners for the redevelopment of Pyrmont anticipated attracting residents with no children to the area, however they did not anticipate the growth in residents choosing to move to, or remain in the inner city (rather than moving to outer suburbs) to start a family and raise children.   Pyrmont has grown over the last 20 years from a population of ~1,000 residents to over 12,000 in 2011 (Census, 2011) – with minimal to non-existent investment in the public transport, social, educational, youth and sporting infrastructure in the area, affecting all ages, noting that the major population expansion has been in the 20-35 age bracket.  Where community consultations did highlight these future needs, planners failed to make adequate provisions to implement plans to ensure needs were met.  This  created strain on the infrastructure in surrounding suburbs such as Ultimo, which in turn has led to the untenable situation whereby many children living in Ultimo are no longer within the catchment area of the Ultimo public school and must go to the school in adjoining suburbs.  The redevelopment of Pyrmont highlights the importance of ensuring that the new planning system provides for effective community input throughout all stages of the development process, (including on individual developments) and local government must continue to be involved in planning assessments. Plans need to be flexible enough to meet unanticipated future community needs.  

Based on our learnings from the redevelopment of Pyrmont, we propose that the key issues to be addressed in any change in the planning system are:

  • Providing a balance between the need for flexibility for developers and the need for certainty for local residents and businesses 
  • Developing a system of actual and perceived (by the community) effective and genuine community participation at all levels of planning, including assessment of developments at the local level 
  • Ensuring that development is environmentally sustainable and meets social needs 
  • Ensuring there is sufficient time, and resources to enable all stakeholders to reach optimal outcomes

To address the gaps we have made a number of recommendations aligned to each of the areas of focus for the reform and these are summarised in Table 1 below.  The following submission addresses each of the elements of reform in turn and provides a short Case Study on the proposed Pyrmont Infill Growth Plan in Appendix 1 (page 16 of this submission) for further consideration.

Table 1: Summary of Recommendations against each Reform Area of Focus
Community Participation
Recommendation 1: Community Participation should be retained at all levels of the planning process; be in a form agreed up front with community and local government representatives; and conducted at the early concept stage.  The views of the community should be given equal weighting with those of government departments and the development lobby
Recommendation 2:  The Act should require that proponents of developments over $5M consult with representatives of local communities from the concept stage of planning and continue the dialogue until the plans are assessed by local government or other assessment authorities.
Recommendation 3: All members of the local community should be helped to access information about  and contribute to regional, sub-regional and local planning.   The new system needs to provide all members of the local community with  means to effectively participate in planning decision-making
Recommendation 4: That the Seattle model of community participation be adopted, with funding to come from developer contributions.
Recommendation 5: That no decisions be made with regard to major infrastructure provision before amendments to the Planning Act are in place and mechanisms for community consultation that are acceptable to the community are agreed.
Recommendation 6:  It is imperative that public land ownership in Pyrmont be rationalised, and zoning and other planning instruments compiled in ONE LEP, to enable the community to engage more effectively.   
Strategic Focus
Recommendation 7:  The principles enshrined in the new Planning Act should underpin all other strategic plans, all of which should be integrated; community representatives should be partners in strategic planning, not merely informed.
Recommendation 8:  All planning processes must include an objective test to maintain or improve environmental outcomes; retain the roles of the Office of Environment and Heritage, Office of Water and the Environmental Protection Agency in assessing and agreeing to development proposals.
Recommendation 9:  Retain the newly developed DCPs and LEPs in the medium term to provide certainty to the community;  any changes should involve community  representatives in the decision-making, as equal partners; ensure that existing public natural areas, public recreation areas and heritage items are identified and retained as separate, and immutable zones in the new Local Land Use Plans; flexibility should not be achieved at the expense of environmental and heritage protection, and social amenity.
Streamlined Approval
Recommendation 10:  The assessment of DAs, in particular non-complying local development or rezoning should remain in the hands of democratically elected local councils; the assessment process should not be constrained by artificial deadlines.
Recommendation 11: Include consideration of environmental and social values in the definition of State Significance developments; define the roles of local government and the community in the assessment process.
Provision of Infrastructure
Recommendation 12: Planning at all levels must ensure the centrality of infrastructure provision and the means for funding it as regional and sub-regional development occurs; the definition of infrastructure should be broadened to include provision of educational and health facilities, childcare centres, aged care facilities, cultural, community and sporting facilities.
Recommendation 13:  Streamline coordination between State agencies, and local government in the provision of infrastructure; recognising that growth in housing requires social and educational infrastructure as well as physical infrastructure such as roads and transport.
Recommendation 14:  The infrastructure levy system must be fair and transparent and subject to annual monitoring to ensure funds are spent where needed at the local level.
Recommendation 15:  The draft NSW Long-Term Transport Masterplan should be modified and a new plan developed that adopts the best practice from cities such as London, New York and Hong Kong, ie investment (public and private) in rail solutions and the introduction of congestion pricing for the Sydney CBD as Public Priority Infrastructure.
Performance Monitoring
Recommendation 16:  Require 3-yearly independent review of the planning system by the NSW Auditor-General to ensure all Green Paper principles are being addressed effectively, and ensuring that any changes recommended are implemented following public debate.





1.0 Community Participation

Recommendation 1: Community Participation should be retained at all levels of the planning process; be in a form agreed up front with community and local government representatives; and conducted at the early concept stage. The views of the community should be given equal weighting with those of government departments and the development lobby.

Any new planning system, especially for the metropolitan area should be driven from the grass roots, up.   It is our experience that local communities often know the details of their particular precincts and can identify the implications of developments on the local residents, businesses and community facilities far better than planning experts.   However this local knowledge is largely disregarded in the public consultation process as the end decisions typically reflect the original concepts put forward by the consultants, architects, experts ie the community ends up being informed not consulted.  Examples of such largely ‘predetermined’ outcomes after exhaustive consultation with Pyrmont Action and a number of other local community groups over the last 15 years include projects such as:
  • The City Strategic Plan 
  • Local Action Plans 
  • Pirrama Park 
  • Sustainable Sydney 2030 
  • Biodiversity Strategy 
  • 2011 City Plan 
  • Street Tree Master Plan 
  • Greening Sydney
A notable exception was the 2011 City Plan where our voice was heard on a number of issues raised.
The Green Paper fails to ensure that the views of the community are given sufficient weight in planning decisions. If this is not addressed, it is likely that when it comes to the overriding driver of these changes to the planning system – growth - the views of the community will be given very little weight as against the views of the development lobby when it comes to establishing the regional, sub-regional and local plans. The ‘provision for clear feedback in response to issues raised prior to a decision being made’ (p21) is not sufficient to ensure that the issues of merit are given the weight they deserve, rather than creating pro-forma responses that fail to show acknowledgement and consideration of the issues. The Green Paper itself is an example of such bias with a large number of quotes from organisations with a professional interest in development – Productivity Commission, Planning Institute, Urban Development Institute, Australian National Retailers Association, Urban Taskforce and NSW Business Chamber – compared with only one quote from a community group – and even then, a group that represents only a subsection of interests - conservationists.

Recommendation 2:  The Act should require that proponents of developments over $5M consult with representatives of local communities from the concept stage of planning and continue the dialogue until the plans are assessed by local government or other assessment authorities.

Any new system must provide avenues for ongoing community consultation on broad strategic directions (eg. in partnership with local government through Master Plan development) right down to the individual DA assessment. The most effective consultation examples in Pyrmont occurred in relation to a few individual developments where community representatives have worked with developers, including Lend Lease and Ceerose from the early concept stage. On two occasions, the developer has actually come to us to seek our input before an architect has been engaged. It should be noted that the community representatives, in these instances, have accepted the Master Plans and LEP controls as the broad planning parameters for these developments but there were still issues to be addressed at the DA level to meet community expectations and this was achieved by continued consultation with both the developer and Council during the planning and assessment processes. Genuine consultation works and is effective, but only when it is not just a box-ticking exercise or an inflexible application of a formulaic approach such as the Delphi technique. Each community has its own character and composition and will require a flexible approach.    

Recommendation 3: All members of the local community should be helped to access information about and contribute to regional, sub-regional and local planning.  The new system needs to provide all members of the local community with the means to  effectively participate in planning decision-making

Community consultations need to be accessible and representative to be effective. Those of us engaged in preparing submissions have undertaken this work on a voluntary basis and they reflect the views of a fairly narrow section of the community – those who have the knowledge and a strong interest in having their voices heard, as we do not have the resources to engage more broadly. It is often only when a development is proposed close to home, that members of the community become engaged. The Green Paper is lacking in proposals to make the planning system accessible to all members of the community; particularly in terms of any guidance or guarantees on how communities can ensure that implications of proposals are understood, and community concerns can be effectively raised, acknowledged and addressed. Consultation times, venues, formats, notice periods, durations and communication methods and frequency are all means by which various sectors of the community are restricted from being able to actively participate.

Recommendation 4: That the Seattle model of community participation be adopted, with funding to come from developer contributions.

The City of Sydney community is well-acquainted with the Seattle model of community participation as this was supposed to form the basis of the strategic planning undertaken in the early stages of the current Council’s regime. We strongly support the allocation of appropriate levels of funding required for neighbourhoods to develop their vision for their neighbourhoods – with the expectation that they will be assisted to realise it. A possible mechanism is to set aside developer contributions (eg Section 94 funds) to fund community-generated projects in partnership with local governments. We have yet to see this model fully implemented, however its importance is increasing especially in relation to matters such as how the allocation of $55m funding for new child care centres will be spread across the Sydney LGA. 

Recommendation 5: That no decisions be made with regard to major infrastructure provision before amendments to the Planning Act are in place and mechanisms for community consultation that are acceptable to the community are agreed.

We have participated in consultation on a number of NSW Government planning initiatives, including:
  • Rozelle and Blackwattle Bays Master Plan
  • Site M North development (Point/Scott Street)
  • Bank Street Master Plan
  • Sydney Fish Markets Master Plan
  • Redevelopment of Blackwattle Bay – Sites B1 and B2
  • Bays Precinct Stages 1 and 2; and
  • Transport Master Plan;
However it appears that the overwhelming need for a reduction in vehicular traffic in the City and a strategy for increased public transport, such as light rail and a metro system will be deferred, in favour of yet more motorways, resulting in yet more traffic congestion. We have seen too many decisions taken over the 5 year period of the Bays Precinct deliberations which pre-empted any recommendations to be made on the future of these vital publicly owned foreshore areas. It is essential that any decisions about major infrastructure be deferred until changes to the Planning Act are finalised.

Recommendation 6:  It is imperative that public land ownership in Pyrmont be rationalised, and zoning and other planning instruments compiled in ONE LEP, to enable the community to engage more effectively.   

In Pyrmont, we currently have to deal with around 15 local and state government agencies. Public land in Pyrmont is variously under the control of The Department of Planning, the Office of Strategic Lands, SHFA, Roads and Maritime Services, Sydney Ports, Treasury, Ministry of Transport, Rail Corp, and the City of Sydney. We operate under two separate LEPs, the recent 2011 City Plan developed jointly between the Department of Planning and the City of Sydney, and the 2005 LEP Ultimo-Pyrmont Zoning Map. Each uses a different zoning regime, so are inconsistent and all attempts to have the two schemes amalgamated have failed. Changing planning laws should not be used as an excuse to exclude the community and local government from having a voice, especially at the DA assessment stage but it can provide an opportunity to improve community participation in decisions that affect their local area


2.0 Strategic Focus

Recommendation 7:  The principles enshrined in the new Planning Act should underpin all other strategic plans, all of which should be integrated; community representatives should be partners in strategic planning, not merely informed.

The new planning system needs to address the current failure to assess the cumulative impacts of individual developments.  We support an emphasis on strategic planning and, in particular, the integration of land use and infrastructure planning.   Indeed this was the intent of the recommendations of the Bays Precinct CRG.   Yet ad hoc decision-making proceeds apace in the Bays through the State Significant development mechanism.  

We would argue that the community should be recognised as a stakeholder in “partnership between State and local government and stakeholders” and not merely be consulted in the development of these strategies.  The underlying assumptions of the proposed changes are that there will be growth (probably correct in metropolitan areas, but problematic in regional areas); that there will be a partnership between state and local government and stakeholders (presumably that means developers); and consultation with the community.  The valid interests of the community must be given a voice and considered of equal weighting to all other stakeholders in strategic planning.

Recommendation 8:  All planning processes must include an objective test to maintain or improve environmental outcomes; retain the roles of the Office of Environment and Heritage, Office of Water and the Environmental Protection Agency in assessing and agreeing to development proposals.

There is no clear indication given to what, if any, environmental matters will need to be considered in planning policies or assessment procedures. Nowhere in this section of the draft is there any reference to planning at any level being underpinned by environmentally sustainable development (ESD) considerations. Instead, we find proposals to remove the important role of the Office of Environment and Heritage, Office of Water, and the Environmental Protection Agency in assessing and agreeing to development proposals. A fundamental principle of ESD should be the minimization of traffic congestion in the inner metropolitan area, enabled by greatly enhanced public transport, in particular rail transport (both light rail and metro). However, this is violated by the draft Transport Master Plan which is recommending yet more motorways resulting in more congestion and greater reliance on carbon emitting fuel, with no firm recommendations on new rail infrastructure. The overriding sentiment of the Green Paper is to facilitate development in the shortest possible time and in a framework in which assessment of environmental impact is not given a mention. Sustainability and environmental protections are severely lacking in the current proposals, demonstrating an absolute deficit in strategic planning, in direct contradiction to the principles and purposes of the new planning systems.

Recommendation 9:  Retain the newly developed (2011) DCPs and LEPs in the medium term to provide certainty to the community;  any changes should involve community  representatives in the decision-making, as equal partners; ensure that existing public natural areas, public recreation areas and heritage items are identified and retained as separate, and immutable zones in the new Local Land Use Plans; flexibility should not be achieved at the expense of environmental and heritage protection, and social amenity.

We are particularly concerned to learn that there will be new zones to maximise flexibility with opportunities to streamline decision making at development stages, including exempt/complying development. This proposal does not meet the transparency or certainty objectives of the planning review. If these new zones were implemented, they are likely to regenerate the ad-hoc decision-making that previously existed under the Part 3A provisions, which are deplored by the community. It is impossible to reconcile this approach with transparent planning decisions.

We have just been through an exhaustive process conducted over five years and involving both the City of Sydney and the Department of Planning and Community Consultation to produce the 2011 City Plan. This process saw a substantial reduction in the number of land use zones and consolidation of permitted and non-permitted uses within these zones. Yet, it is proposed to undertake the whole process again through the development of Local Land Use Plans which will maximise flexibility [for developers] and provide opportunities for investment capture, only protecting suburban character “in certain circumstances” (undefined). The current plans already provide a framework in which “planning and investment decisions can be readily communicated and made”. What is allowed and what isn’t is quite clear. The only uncertainties arise when the Government declares non-conforming developments to be of State Significance as has occurred around the Bays Precinct.

Three zones are currently proposed which, we are advised “are expected to become part of a suite of zones under Local Land Use Plans”: 

  • Enterprise Zone will allow any development to occur within it with fewer standards
  • Future Urban Release Area Zone – allows Councils to identify areas for future urban release without definite boundaries and before infrastructure or services are planned
  • Suburban Character Zone – will allow a council to retain lower density development in particular suburbs (similar to the current R2 zone).
This flexible new approach will allow a weakening of subdivision rules; provide no inherent protection for heritage, natural areas or areas currently zoned Public Recreation. There may be intent to consider such natural, social and cultural heritage items but this won’t be enforceable with any statutory controls. If developers seek a review of zoning and if a council refuses or delays a spot rezoning proposal it will be subject to litigation. Finally, this zoning approach makes it impossible for Councils to preserve land required to provide local infrastructure.


3.0 Streamlined Approval

Recommendation 10: The assessment of DAs, in particular non-complying local development or rezoning should remain in the hands of democratically elected local councils; the assessment process should not be constrained by artificial deadlines.

We strongly oppose the proposal to prohibit assessment of any matter that has been dealt with at another stage of the approval process. This removes any right of appeal and reduces assessment to a “box ticking” exercise without any thought to changes to community needs or impacts during the process. It assumes that the higher level strategic planning “got it right” in the first place – and our experience in Pyrmont belies that assumption. A strategic plan is only ever ‘right’ for a moment in time and without mechanisms for reviews and updates in line with the changing demographic of an area, the removal of community rights to assess a matter at the DA stage is too high a cost to bear. In the event that a developer seeks spot re-zoning, the community will have no say, and councils will be unlikely to be able to prevent it. Simplicity and the removal of red tape must not come at the cost of effectiveness and the loss of any existing rights; effective and balanced outcomes must always be the overriding objective.

We are also concerned that Councillors will be placed in positions where they are unable to represent the interests of their constituents. We note that the development types that can be approved by accredited certifiers will be extended; and that responsibility for assessing DAs will be given to “independent and expert decision makers”, ie it removes such decisions from democratically elected Councillors. Our experience is that better outcomes can be achieved through making representations to, and addressing directly our Councillors.

It is unclear from the Green Paper how the ‘independence’ of such decision makers will be determined, or what rights of appeal or review will be available in the event that the independence of a decision needs to be challenged. No person who relies on state or local government or proponent contracts can be deemed truly independent. If our local government representatives don’t perform to the community’s expectations, they will lose their positions so they are more likely to heed community views than anyone on the state or local government, or proponent payroll. No measures have been proposed to enable community representatives to put their case to these unelected officials who must operate under extremely restrictive statutory timelines. Giving certainty to developers should not come at the cost of maintaining certainty for the environment and community amenity. Efficiency is important but it does not necessarily equate with effectiveness. Rather than constrain the assessment process by the establishment of artificial timelines, it should be allowed to proceed in a way that assists communities to contribute meaningfully towards development of plans at all levels which meet government, stakeholder and community objectives

Recommendation 11: Include consideration of environmental and social values in the definition of State Significance developments; define the roles of local government and the community in the assessment process.

Leaving State and regional scale development assessment and assessment of developments of State Significance in the hands of the Planning Assessment Commission and the Joint Regional Planning Panel effectively maintains the status quo. To effect any improvement, it is essential that community representatives have the right to make direct representations to such bodies, and to personally address them to make their case. The definition of State Significance should include consideration of environmental and social values as well as the jobs and dollars that may be generated. Two new additions have been made to the definition of State Significant Projects and it is noted that the decision maker for these will be the Planning Assessment Commission/ the Department of Planning and Infrastructure. It is vital that the ability of local government to have an input into the assessment process be clearly defined; and to ensure that community representatives are able to meet with the decision maker and/or the assessors for these large projects.


4.0 Provision of Infrastructure

Recommendation 12: Planning at all levels must ensure the centrality of infrastructure provision and the means for funding it; the definition of infrastructure should be broadened to include provision of educational and health facilities, childcare centres, aged care facilities, cultural, community and sporting facilities, as regional and sub-regional development occurs.

We agree with the view of the Western Sydney Regional Organisation of Councils that “the provision of infrastructure should be made central to the new planning legislation”.   But the legislation needs to expand the definition of “infrastructure” to encompass far more than roads, railways and public parks.   It also must include social infrastructure critical to community development such as schools, hospitals, aged care facilities, childcare, sporting facilities, community centres, cultural facilities, social housing, etc. etc., not just in greenfield sites on the outskirts of the city, but also in any new plans associated with urban consolidation in existing suburbs.   As noted above, even in recently redeveloped areas such as Pyrmont and Ultimo, infrastructure requirements need to be re-examined, to address the shortfall in the provision of schools, sporting facilities, cultural and community spaces and other facilities unanticipated in the plans for the redevelopment of the area.  Pyrmont, in particular, has large sites that have remained undeveloped for over 20 years, including sites owned by the City of Sydney, where partnership between the council, the government, developers and the community provides an opportunity to address this shortfall.  

Recommendation 13: Streamline coordination between State agencies, and local government in the provision of infrastructure; recognising that growth in housing requires social and educational infrastructure as well as physical infrastructure such as roads and transport; and recognising that provisions need to be made for existing as well as future needs


We also agree that state agencies should demonstrate a stronger sense of common purpose and be focused on providing essential infrastructure. Whilst the Government has made an attempt to get greater coordination between agencies, they still appear to operate as silos, even within the one department. This is clearly demonstrated by the failure to reach any resolution on the future of the Bank Street Public Recreation Area in Pyrmont where land ownership lies with Roads and Maritime Services and SHFA, since the finalisation of the Bank Street Master Plan in 2006. This is also evident in the lack of coordination between all levels of government to ensure adequate provision of local childcare places and schools for local residents; Ultimo children falling outside the catchment area for Ultimo Public School is a case in point. DCPs fail to give local councils and local communities any power to address already existing inadequacies in local infrastructure; and the proposals under the Green Paper do not address these issues outside of recommendations to increase collaboration and coordination between agencies.

Recommendation 14:  The infrastructure levy system must be fair and transparent and subject to annual monitoring to ensure funds are spent where needed at the local level

We agree that a new framework for infrastructure levies is required. Developer contributions levied on new developments in Pyrmont and Ultimo differ markedly from those applying in other parts of the City of Sydney. The system is manifestly unfair and not transparent, with little or no accountability on the part of the bodies collecting and dispensing the levies. It is essential that there be a clear, transparent link between levy revenue collection and infrastructure programming and delivery. Any new system must ensure that developers adhere to the agreed infrastructure program and any changes proposed should require community and local government consultation. In addition, it must give local communities the power to enforce provisions to ensure that there is sufficient investment of funds in local infrastructure; not just the mere collection of those funds. The inadequacy of social infrastructure in Pyrmont relative to resident needs is again a case in point. 

Recommendation 15:  The draft NSW Long-Term Transport Masterplan should be reconsidered and a new plan developed that adopts the best practice from cities such as London, New York and Hong Kong, ie investment (public and private) in rail solutions and the introduction of congestion pricing for the Sydney CBD as Public Priority Infrastructure.

There is no evidence that the Masterplan’s proposal for more roads will solve the immediate and long term challenges for Transport in NSW; in fact all the evidence from major cities around the world demonstrates that building more motorways provides only temporary relief from congestion, increases pollution, and is unsustainable in the longer term. Of vital importance to those who live and work in the CBD and inner suburbs is the provision of new public transport and the progressive reduction of traffic congestion within a 5km radius of the centre of the City of Sydney. The draft NSW Long-Term Transport Masterplan with its proposed new motorways, if implemented in its current form will result in gridlock in our city streets. It is essential that a new metro rail system be put in place as soon as possible to provide new CBD train stations to cope with the already planned new residential and commercial development at Barangaroo and the proposed redevelopment of Darling Harbour, not to mention any future new large-scale developments in the city eg above Central railway, that may be contemplated. Wynyard, Town Hall and other CBD stations are at capacity now. In addition, light rail must be introduced to George Street, Barangaroo and Walsh Bay in order to reduce the reliance on buses in the CBD. This means planning at a regional and sub-regional level for transport interchanges, and the introduction of congestion charges in and around the CBD. If the draft Transport Masterplan represents the government’s idea of “evidence based” planning, we have little confidence in the future of planning in NSW.



5.0 Performance Monitoring 

Recommendation 16: Require 3-yearly independent review of the planning system by the NSW Auditor-General to ensure all Green Paper principles are being addressed effectively, and ensuring that any changes recommended are implemented following public debate.

No details are provided as to how the performance of the new planning regime will be monitored other than reference to Key Performance Indicators and accountabilities included in strategic and local plans. As stated earlier, we do not think that the establishment of unrealistically short timelines in any way demonstrates the effectiveness of the new system. It is our view that the operations of the new Act should be independently reviewed by the Auditor General every 3 years against the high level principles outlined in the Green Paper:
  • Community Participation – How effective has community engagement at all levels of planning and assessment 
  • Strategic Focus – Have strategic decisions been integrated, based on the best evidence, and involved effective community and stakeholder engagement 
  • Streamlined Approach – Has the speed of decision-making been achieved without removing essential checks and balances or compromising environmental and social amenity 
  • Provision of Infrastructure – Has adequate infrastructure been integrated within and to serve new developments, including flexibility for adjustments for unanticipated future needs
The Planning Green Paper is a highly significant document which will revolutionise the way NSW regions and cities will be developed in the future.   It is fundamentally weighted towards the interests of developers and has a “speed at any cost” philosophy towards planning and its assessment.   The environmental and social impacts of development are given little weight.  The plan will stand or fall on how well all those involved in the proposed planning system engage with local communities.   The outcome of the consultation on the Green Paper will give some indication as to how well, or even if, the voices of communities are heeded.  We look forward to working with the NSW Government on the attached proposed planning project, as a model for future consultation.

Yours sincerely,


Elizabeth Elenius
Convenor






Appendix 1: Case Study – Pyrmont Infill Growth Plan

Whilst much of the redevelopment of Pyrmont-Ultimo has been completed, there remain a number of sites which are vacant and undeveloped.  Many of these are owned by one person who is not interested in selling, using or developing them.  As the owner is elderly, it is anticipated that these sites will come on the market in the medium term.   The sites include vacant land in and around Harris Street, the main commercial strip in Pyrmont.   They also include heritage listed properties, including the Terminus Hotel.   Other undeveloped sites include the large Council-owned Wattle/Fig Street depots (2) and 21 Harris Street, owned by Lend Lease, both of which have been undeveloped for over 20 years.  All undeveloped properties are currently zoned Commercial or Mixed Use. 

The Planning Green Paper places considerable emphasis on strategic community participation and, given the Pyrmont community’s strong record in sensible, informed and sometimes successful involvement in local planning issues, including participation in the Bays Precinct consultation, we propose that the government trial the Seattle model of community engagement to enable us to develop OUR vision for our neighbourhood, involving the future use of these vacant or unused sites.

This would provide an opportunity to re-examine the zoning for these sites, presenting more opportunities for near-city housing, including affordable/social housing, more retail opportunities, and, importantly, opportunities to provide the social, sporting, educational and cultural facilities which are currently lacking for the peninsula and nearby suburbs through state/local government and private partnerships.  

We ask that we be given the opportunity to explore this proposal in more depth with relevant officers.   

Wednesday, 12 September 2012

Tuesday, 13 March 2012

Local Action Plan 2012 – Our Vision for Pyrmont

31 January, 2012

Ms Monica Barone,
CEO
City of Sydney,
GPO Box 1591,
SYDNEY NSW 2001

Dear Ms Barone,

Local Action Plan 2012 – Our Vision for Pyrmont

Pyrmont Action Inc, together with other members of the Pyrmont community participated enthusiastically in the development of the 2006 Local Action Plan for Pyrmont. We put forward 10 projects, some of which were adopted by Council and have been completed or are in progress. A number were not adopted, including:

• renovation of Pyrmont Community Centre for community use
• renovation of the Maybanke Youth Centre
• commencement of planning of the Wattle/Fig Street depot site to provide services and facilities not provided elsewhere in Pyrmont and Ultimo
• involvement in the redevelopment of the Bank Street Public Recreation area for public parkland and passive (non-motorised) boating facilities
• Development of a “brand” image for Pyrmont with community involvement

Additional projects were also proposed most of which have not yet been acted upon:

• Establishment of a Heritage Walk in Pyrmont and Ultimo
• Provision of additional childcare facilities
• Working with NSW Government towards a 24 hour police presence in Pyrmont and establishment of alcohol-free zones in Pyrmont and Ultimo
• Development of a traffic plan for the John Street Square precinct and working with the NSW Government to extend public transport in Pyrmont and Ultimo, including new ferry services
• Education campaign for Pyrmont and Ultimo businesses and building managers on responsible disposal of cigarette butts

In providing recommendations to Council in 2012, members of the community are constrained by the lack of data. The 2011 census data will not be available until mid June, 2012, and the Integrated Facilities Plan, commenced in 2007 has not yet been made public which is regrettable.

In the intervening six years since the last LAP was developed, members of the Pyrmont community have continued to press for action, particularly regarding provision of social infrastructure, recognizing that the residential population has, or will shortly, exceed the projections made in the original redevelopment plans for Pyrmont and Ultimo. Even in the absence of 2012 census data, it is clear that the number of families with young or teenage children are moving, in increasingly large numbers, into near-city apartments. This trend, too, was not anticipated when the redevelopment of the area was planned. It should be noted that the 0-4 demographic doubled between 2001 and 2006 and is likely to have at least doubled again in 2011. The only local public school, Ultimo Primary, has had to reduce its student intake catchment in the past few years as it has no room to expand. There are vacancies at Fort Street Primary, yet there is no public transport to Millers Point. Pyrmont has only 3 childcare/pre-school facilities, Star City having closed its work-based childcare some years ago.

The Local Action Plan provides the Council with the opportunity to address the shortfall in facilities and we trust that the following, now urgent, projects will be adopted and implemented over the next LAP cycle:

1.0 Redevelopment of Wattle/Fig Street Depot Site – This is the last large, publicly owned, undeveloped site in Pyrmont. It is zoned Mixed Use and has the potential to provide much of the missing social/youth/sporting facilities needed to support the communities, not only of Pyrmont and Ultimo, but also of Glebe and possibly Chippendale. This project was put forward in 2006 and has been promoted on a regular basis by the community in the intervening years. We have been advised that the Property Division of Council is preparing a Master Plan for the site, with no community consultation, and that it will be released in the fullness of time. In the meantime, the community has held a workshop and continues to consult widely. New developments in the vicinity of the site eg the Affordable Housing development in Bay Street (with only 100 sqm of community space proposed), and the proposed redevelopment of the Davey Flour Mill site (adjacent the depot site) as a large apartment building provide further evidence of the need for additional community facilities. The outcomes of the workshop included the following recommendations:

• that any development should aim to be at least revenue neutral to local ratepayers
• that the site be kept in public ownership
• that the development should integrate commercial with community facilities
• that the development should complement facilities at Wentworth Park
• that the views from Jones Street should be maintained.

It is proposed that the site could be used in a number of ways including:

• Commercial – park and ride for light rail; parking for Wentworth Park Sporting Complex (thus freeing up public parkland); offices; childcare centre; retail/cafes/restaurants; cinema
• Educational – alternative or additional site to enable the expansion of the Ultimo Primary School including multi-purpose buildings which can be used by the public after school hours (eg after school care, vacation care, performance/meeting space, adult education); playgroup facilities
• Social – indoor recreational facilities; mens’shed; women’s shed; local Sports Club; rooftop sporting facilities including tennis/netball courts
• Cultural – performance space; arts centre
• Community garden – allotments; kids’garden

Recommendation: that the Council work with local community representatives to develop a mixed commercial/educational/community use development on the publicly-owned Wattle/Fig St depot site with a view to commencing construction within the next Local Government election term.

Bank Street Public Recreation Area – We recognize that both 3-5 Bank Street and 1 Bank Street are currently owned by Roads and Maritime Services and Sydney Harbour Foreshore Authority, respectively. Nevertheless, the City of Sydney has a role to play in working with these Government authorities to ensure that these sites are used appropriately and in accordance with the existing Master Plan and the draft City Plan zoning. In particular, as one section of 3-5 Bank Street is proposed to be a public park, and negotiations for the transfer of care, control and management by the Council are underway, we seek a commitment by the Council to the realization of this public park, working with the community (Pyrmont Ultimo Landcare Inc and other volunteers).

As a first step, PUL has applied for a NSW Government environmental grant which, if they are successful, will enable the installation of a rainwater collection system and some initial landscaping on the southern section of 3-5 Bank Street. Before this project can proceed (from April, 2012), formal arrangements between RMS and the City will need to be completed and the site remediated. In addition, alternative parking arrangement for the dragon boaters will have to be found.

Recommendation – That the Council commits to supporting the development of the proposed public park, in cooperation with the community, as a green, open passive recreation area, with public access to the foreshore on the southern section of 3-5 Bank Street.

In the event that the proposed Sydney Heritage Fleet shipyard and tourist facilities are relocated to an alternative foreshore site (desired by local community groups, residents and other stakeholders), the Council is asked to consult with the community and stakeholders regarding the use of the northern end of the 3-5 Bank Street site, noting that the proposed passive boating facility proposed by the Community Water Sports Centre has still not been given certainty that it can be located at 1 Bank Street (owned by SHFA) and could be located there. Development of 3-5 and 1 Bank Street should incorporate extension of the foreshore walkway to Rozelle from the CBD.

Recommendation: That the Council support and help facilitate the establishment of a passive boating facility on land zoned Public Recreation in Bank Street; extend the foreshore walkway from the CBD to Rozelle.

3.0 Pyrmont Community Centre Refurbishment – Pyrmont residents have been working to improve the amenity of the Pyrmont Community Centre and have recently completed what we hope is the first stage of the transformation of the PCC from a user pays venue for outside providers of primarily fitness training to largely non-resident customers, into a centre which provides facilities to meet the needs of the Pyrmont community. We note that the Council has moved away from the “activity hub” concept (in our case based at the forecourt of the Powerhouse Museum) to “village centre” planning which recognizes Pyrmont and Ultimo as two separate villages (M Barone 25 May, 2010) although the reference to a “civic and community hub around the Ian Thorpe Aquatic Centre” in the latest “Have your Say” brochure, leads us to believe that the village centre concept has not yet been widely adopted within Council. As the City has also approved a policy that no resident should live more than 10 minutes’ walk to “childcare, health services and leisure, social, learning and cultural infrastructure” (Target 8 in Sustainable Sydney 2030, 2011 p22) we are amazed that the “hub” idea still has currency. We welcome the distance policy but do not find the notion of “Village Groups” very helpful in planning for our Village centre which is not based entirely on Harris Street, but also incorporates Union Square, Union Street and Miller Street, as well as the precinct around John Street Square.

In planning amenities for the Village Group, it is necessary to recognize the disparity between the residential populations of Pyrmont, Broadway and Ultimo, the presence or absence of amenities in each of these suburbs, and accessibility issues. For years now, Pyrmont residents have been urged to get themselves to the Ultimo Community Centre if they want services and facilities, despite the lack of public transport, parking and difficult walking/cycling/driving access to UCC. The over-55s officer is located at UCC and is only allocated to PCC 1-1/2 hours per week. We have requested the presence of such an officer one day per week to engage in consultation and outreach activities but this has been rejected.

The Pyrmont Community Centre is on land whose classification was changed from “community” to “operational” around 18 years ago. We are advised that land classified as “community” is for public use and involvement but that land classified as “operational” is normally for functional and investment purposes (P Cooper 27 Jan 2012). This represents the root cause of Council resistance to efforts by the local community to reclaim the PCC for community use. Since this change in classification the Meeting Room has been transformed into a space full of gym equipment, and the aforementioned focus on hiring out space for fee-paying fitness training has been initiated. With the completion of the Ian Thorpe Aquatic Centre which houses a huge gymnasium, and also King George V Recreation Centre at The Rocks, plus the proliferation of private and commercial gymnasiums, and the changing demographic towards families in Pyrmont, we believe that it is time to change the land classification back to “community”.

The PCC is not a purpose built centre and much needs to be done to optimize the space available. A large part of the PCC is taken up with the SDN Early Childhood Learning Centre. It is therefore unavailable for public use. Much of the remaining space provides limited access as it is used for After School and Vacation Care. The Arts and Crafts room is unable to be used for meetings or other activities that require soundproofing, as one wall is only at half-height.

Following a community-initiated workshop where a range of ideas for improvements and new activities was proposed, a number of residents have formed Friends of Pyrmont Community Centre. FoPCC applied for the Council grant to undertake artwork and repainting of the Ground Floor corridor, now launched as The Link (all undertaken by volunteer members of the community, with additional support from local businesses), and has demonstrated local community commitment to the transformation of the PCC to a community-focused facility. Over 150 people attended the official opening of The Link by Clr John McInerney on 19 December, 2012 and a number of new activities have been initiated – again, by the locals. But this is just the first step. We note that the 2011-12 budget for repainting the PCC was diverted elsewhere but much more than a paint job is needed to transform the Centre into a true community facility.

Recommendation: That the Council (a) reclassify the land occupied by the Pyrmont Community Centre as “community”; (b) give priority to the complete refurbishment of the PCC as a Local Action Plan project in 2012, to enable it to operate as a community centre; (c) that staff with qualifications in provision of social services be allocated to work with the local community at the PCC in order to identify and cater for their needs.

Whilst space will remain a limitation in the redevelopment of the PCC, we note the use of mobile playvans to provide valuable activities for small children in local parks in some adjoining municipalities. Marrickville Council has been running the Magic Yellow Bus for more than 30 years and a similar mobile playvan services Burwood communities. We are advised that the Community Services Division of Burwood Council is interested in hiring out the Playvan on a regular basis to other Sydney Councils. With the growing population of babies and toddlers in the Pyrmont area, a regular playgroup session in, say, Pirrama Park, would be a very popular addition to the two playgroup sessions per week now operating from the PCC.

Recommendation: That the City of Sydney negotiate the hire of the Burwood Council Playvan one day a week, to be located at an appropriate local park in Pyrmont.

4.0 Renovation of Maybanke Youth Centre – Whilst it is recognized that this facility, like the Pyrmont Community Centre, is small and not purpose built, it, nevertheless provides a much-needed meeting place for young people in Pyrmont. The upper court continues to be mostly unusable and the condition of the whole Centre needs to be reviewed, in consultation with the users, with a view to improving the range of services and facilities that can be offered to this growing demographic.

Recommendation: that Council undertakes a major review of the Maybanke Youth Centre in order to address the current lack of community space for organized forms of social and cultural engagement, and the lack of sporting and recreational facilities for Pyrmont’s youth.

5.0 Branding of Pyrmont – We have continued (unsuccessfully) to seek Council’s assistance in the development of a “brand” image for Pyrmont, with community involvement. Pyrmont remains unbadged, with most signage referring to Darling Harbour, the Sydney Fish Markets, The Star, or Parking. With the improvements to a section of Harris Street in Pyrmont, and the installation of banner poles, there is now the opportunity to work with local businesses, educational institutions, and residents to design banners which clearly identify Pyrmont as our Village. The Shop Local banners which were produced with no community consultation refer in small lettering to Pyrmont and Ultimo, do not distinguish between the two separate villages, with their own identify, and have a universal design, rather than one which captures the spirit of Pyrmont. It would be understood that such local banners would only be displayed when not required to promote City of Sydney events.

In addition, we seek signage at each road entry point to Pyrmont, including at the Pyrmont Interchange on Pyrmont Bridge Road, the corner of Harris and Fig Streets, and at the corner of Darling Drive and Murray Street (near the end of the Pyrmont Bridge) and would appreciate the assistance of Council in negotiating with RMS, as required, to achieve this outcome.

Recommendation: that Council work with the Pyrmont community to develop a “brand” image for Pyrmont to be incorporated in local banners; that the City work with RMS to provide identifying Pyrmont signs at road entries to Pyrmont.

6.0 Access to Wentworth Park – We greatly appreciate the joint efforts of the City and the Wentworth Park Sporting Complex Trust in undertaking the improvements which have assisted in integrating the Sporting Complex with the rest of the park. However, access to Wentworth Park from Pyrmont and Ultimo remains difficult and circuitous, because of the complex road system, the Western Distributor, and steep topography. The proposed public access proposed in the Davey Flour Mill apartment building DA will be one step towards providing improved access, if approved and constructed. The community has identified a potential direct route from the southern side of the railway station, under the W Distributor, and up to Bulwara Road. This would not only link the area of Pyrmont and Ultimo south of Pyrmont Bridge Road with Wentworth Park, but also provide easier access to the light rail station, and provide an alternative route to the Sydney Fish Markets. The land is owned by the Ministry of Transport and Council is asked to commence negotiations with the NSW Government to enable a path, with safety fence, to be constructed along the side of the railway track, with steps or disabled ramp up to Bulwara Road. Pyrmont Ultimo Landcare Inc is willing to undertake landscaping along the path.

Another important project which will assist in improving access to Wentworth Park is the continuation of the foreshore walkway from Bank Street, along the Fish Markets and Blackwattle Bay foreshores. Council is asked to work with the various government agencies and the Sydney Fish Markets to expedite planning for the completion of this important pedestrian and cycle link between Pyrmont and Glebe, including Wentworth Park.

Recommendation: that the City work with NSW Government agencies, in consultation with local communities, to improve access from Pyrmont and Ultimo, to Wentworth Park and surrounds, including continuation of the foreshore walkway along the Blackwattle Bay foreshore.

We will welcome the opportunity to further advance these projects at the proposed workshops and trust that they will be included in the agenda and draft plans when they are finally exhibited. They have wide support within the Pyrmont community and have been thoroughly workshopped over a number of years.

Yours sincerely,



Elizabeth Elenius

cc All Councillors

Thursday, 28 April 2011

PA Submissions on draft City Plan 2011 20th April 2011

20 April, 2011

The Chief Executive Officer,
City Plan Development Unit,
City of Sydney,
GPO Box 1591,
SYDNEY NSW 2001

Ref: S081001

Dear Monica,

Thank you so much for arranging your staff’s attendance at our City Plan Forum on 14 April. We greatly appreciate both your attendance and the opportunity to discuss our concerns openly with the team. The following comments should be taken as a Supplementary Submission to our previous submission dated 8 March, 2011 to be read in conjunction.

NSW Government Planning Parameters – It is now quite clear that in preparing the draft City Plan, Council has been forced to comply with stringent and restrictive requirements set down by the Department of Planning and directions from the former Planning Minister. Whilst the Department of Planning has as its aim the establishment of a one-size-fits-all LGA approach, it is obvious from the draft Plan, that this has resulted in, at best, mediocrity, and, at worst, the delivery to developers of a cornucopia of undesirable uses which can occur in the common zones now reduced to 15 throughout the state. What is appropriate in Parkes (say) may not be appropriate in Pyrmont. This has been a shared process with the Department of Planning, but it is apparent that in conforming to these requirements Council has had little room to move in terms of enunciating zones and uses that look forward. The draft Plan is largely a backwards-looking exercise enshrining the status quo whether that represents good planning or not.

NSW now has a new Government which has a stated focus on less intense development in inner and older suburbs and a return of planning decision-making to local Councils. There is now an opportunity to work with the new Minister to amend the planning parameters in the light of the concerns already expressed by local community associations and the Local Government and Shires Association, to achieve good planning for the future, and certainty, not only for developers, but for local communities.

Recommendation: Council to put on hold the draft new City Plan, pending further consultation between the community, Councils and the new NSW Government.
Zoning Map Inaccuracies – We have already pointed out the incorrect zoning of residential apartment buildings in the area bounded by Refinery Drive (S), Mount Street Walk (N), and between Bowman Street, Distillery Drive and Jones Street. Only one such building has any space suitable for commercial/retail purposes, and that is the Distillery on the corner of Bowman Street and Jones Street (W) and the room is under 200 sq m in area. On the other hand, the residential complex 36 – 42 Refinery Drive has two quite large commercial premises, yet this complex is zoned General Residential. Council must address this inconsistency.

A serious zoning error has been made with regard to land on the S side of Distillery Dr and on the W Escarpment on Bank St. In the 2005 Ultimo-Pyrmont Zoning Map this is clearly shown as Public Recreation, and that is, in fact what it is, comprising Carmichael Park and The Knoll Park, and the urban bushland in front of the 1 Distillery Drive development, yet this whole area is shown as Mixed Use on the 2011 draft zoning map. There is also a public walkway/stairs between two of the residential towers which is correctly shown as Public Recreation on the 2005 map, but incorrectly zoned as Mixed Use on the 2011 draft map.

Recommendation – The draft Zoning Maps be re-drawn to reflect the actual zoning which should apply throughout Pyrmont. As mistakes have occurred in consolidating existing controls, all zoning maps should be checked, in consultation with local communities, to ensure they reflect the reality of land use.

Cycleways – We note that the cycleway depicted in Bulwara Road, Ultimo is described as on-road cycleway. This should be changed to reflect Council’s recommendation that it be a Shared Road, following extensive consultation with the local community.

Recommendation – Alter the Cycleways Map for Pyrmont Ultimo to depict Bulwara Road as a Shared road.

Uses Permitted with Consent – We note that there have been significant changes to the Objectives of the Public Recreation zone from those applying to the Ultimo-Pyrmont LEP to those which will now apply across the LGA. We particularly seek the reinstatement of the objective “to provide public access to all parts of the public domain, especially waterfront areas and escarpments”. It is vital to ensure that what should be the primary objective of Public Recreation areas (ie public access and use of an area) should not be alienated through the approval of a use for commercial or private usage.

Recommendation – Add “to provide public access to all parts of the public domain, especially waterfront areas and escarpments” to the list of objectives for the Public Recreation Zone.

With the very large list of permissible uses to chose from, we are still unclear as to the objective criteria Council or the Planning Assessment Commission will adopt for the assessment of DAs on land zoned Public Recreation. In particular, we are concerned about the potential use of Public Recreation land in Bank Street, Pyrmont (the last piece of publicly owned vacant foreshore land) for inappropriate development. Many of the uses listed in the draft Sydney LEP 2011 are considered unsuitable as the sites are surrounded by residential apartment buildings (albeit that 1 Distillery Drive is shown as Mixed Use on the draft zoning map). For instance, how will Council justify refusing a DA which seeks to establish a commercial marina at 1 Bank Street given that marinas are a use permitted with consent? Is a “child care centre” really a recreational use of such a site? Similarly, “electricity generating works” (other than solar panels on any structure which may be constructed for recreational purposes, eg a toilet block or kiosk)? As it stands, we believe that the assessment process is wide open for subjective judgments as to what are appropriate or inappropriate uses in Public Recreation areas. There will be no certainty for local communities.

Recommendation – Prior to finalizing the 2011 City Plan, Council to prepare a statement of objective criteria relating to the use of Public Recreation sites against which any DA submitted will be assessed,

Similarly, comparing the objectives for General Residential zones in the Ultimo-Pyrmont LEP 2005 with those of the draft Sydney LEP 2011 which covers the whole LGA, we note that a number of objectives have been omitted including 2(b) “to ensure that land within the zone is primarily used for residential purposes” and 2(d) “to prohibit tourist development in residential areas (including serviced apartments, hotels and associated tourist facilities) and to prohibit brothels”. We believe these omissions enable Council to include what we have already indicated are inappropriate uses in a residential area, namely” bed and breakfast accommodation”, “boarding houses”,” hostels” and “home occupations (sex services)”. It might very well be that these activities are being carried out illegally in residential areas, but that is no reason to enshrine them as permitted uses in residential areas in the new LEP. Of particular concern for the many thousands of residents who live in secure apartment buildings in such uses is the potential for a breakdown in the security arrangements, the commandeering of precious visitor carparking spaces and the overcrowding which has already been noted where apartments are being used illegally for such purposes.

Recommendation – Reinstate 2(b) and 2(d) objectives of the Residential Zone as listed in the Ultimo-Pyrmont LEP 2005 in the objectives of the draft Sydney LEP 2011. Remove uses which are incompatible with these objectives including “bed and breakfast accommodation”, “boarding houses”, “hostels”, “home occupations (sex services)” from the list of permitted uses in General Residential zones.

We note that a prohibited use in General Residential zones are “boat launching ramps” and cannot see the difference between that and “jetties” which is listed as a permitted use in this zone. Similarly, a jetty can be considered a “charter and tourism boating facility”, which is also listed as a prohibited use. We believe “jetties” should be included in the prohibited uses list and not in the permitted with consent list. Similarly, we fail to see the difference between the prohibited use “sex services premises” and “home occupations (sex services)” – it seems to be a matter of degree, rather than whether the use is appropriate at all.

Recommendation – Remove “jetties” from permitted uses and list as a prohibited use in residential zones.

Integration of 2005 LEP – Further to our earlier submission, we have been advised that the areas shown as white on the draft 2011 zoning map have been excluded from this planning process by order of the NSW Government. We have been told that for those excluded areas, the Ultimo-Pyrmont Zoning Map of 2005 still applies. This situation is patently absurd and we urge Council to negotiate with the new state Government for the integration of the two maps. People cannot be expected to continually refer to two documents prepared six years apart to ascertain the zoning of particular parcels of land. We further note that the 2005 zoning map does NOT include the jetty which is shown as jutting out into the harbor in front of 2 Mount Street Walk on the draft 2011 map. We are advised that this, in fact, represents the LGA boundary but as the wharf does not and will not exist (as a marina at this location has been ruled out by NSW Maritime), we ask that the wharf be deleted from the 2011 maps.

Again, we urge Council to negotiate further on the basic directives given by the previous Government to ensure that the new City Plan is a forward-looking and integrated set of documents to provide certainty to the residents of the City of Sydney. Such negotiation should be in consultation with local communities.

Yours sincerely,


Elizabeth Elenius
Convenor

cc The Hon Barry O’Farrell, Premier of NSW; The Hon Brad Hazzard MP, Minister for Planning

PA Submissions on draft City Plan 2011 8th March 2011

8 March, 2011

The Chief Executive Officer,
City Plan Development Unit,
City of Sydney,
GPO Box 1591,
SYDNEY NSW 2001

Ref: S081001

Dear Monica,

We appreciate the opportunity provided by Franscesca O’Brien and her team to brief some of us on the draft City Plan.

We understand that the City is required to prepare the City Plan in accordance with the template provided by the NSW Government whose instructions are to “generally aim to maximize the range of appropriate uses” for each zone across the LGA. The Plan is primarily a land use regulation document which, under current legislation and Government policy, can be ignored when plans are being assessed under Part 3A provisions. Nevertheless, it provides clarity for those developments which are the responsibility of the City of Sydney. We further understand that Council and CSPC have reduced the number of zones from 31 to 15 in the City Plan 2008. This may have resulted in administrative efficiencies, but it has also resulted in inappropriate uses being made to fit into what we consider inappropriate zones. Council has instructed its officers to prepare lists that keep land uses as they are under existing controls, rather than review and update the lists of permissible and prohibited uses in order to look at what is appropriate for future land use.

It is our view that the number of zones should be further reviewed, given the current detailed clarification of what can and can’t be permitted in each of the (now) reduced number of zones.

We refer specifically to the Locality Statements that apply to Pyrmont and Ultimo, the Land Zoning Maps and the Land Use Table which outlines permissible and prohibited uses in the various zones.

Land Use Table – LEP 2011

Zone R1 - General Residential – We note that the City has added the following to the list of uses “Permitted with Consent”: Bed and breakfast accommodation, Food and drink premises; Home-based child care; Home industries; Home occupations (sex services); Jetties; Markets, Roads, Roadside stalls etc. “Home-based child care” could be accommodated under the “Child care centre” usage rather than have its own category. We recommend that these uses more appropriately belong under Zone B4 Mixed Use or Zone B3 Commercial Core as the uses listed in black appear to cover most situations. In particular we urge the removal of permissibility of sex services and bed and breakfast accommodation from this zoning. We already have real problems with some apartment buildings zoned residential setting up backpacker accommodation arrangements for the owners, resulting in loss of amenity to the owner/occupiers and we’re sure most residents in buildings in a residential zone would be horrified to learn that “Home Occupations (sex services)” could operate from their buildings.

Zone B4 – Mixed Use – As noted above, a number of uses listed under General Residential are more appropriate for Mixed Use zone. We support the addition of the objective “to encourage uses that generate employment opportunities and provide facilities and services to the community”.

Zone RE1 - Public Recreation - We are appalled at the range of activities proposed by Council which could be allowed on sites zoned Public Recreation. Almost anything goes, yet these precious green areas, even along the waterfront, can be approved for activities ranging from Charter and tourism boating facilities; electricity generating works; Marinas, Registered clubs; signage, waste or resource management facilities or boat sheds etc etc. It is completely unacceptable that our public parkland be alienated in the ways outlined. Whilst it is accepted that some large sites are currently used for intensive active recreation and have substantial structures on them, activities such as Marinas and Charter and tourism boating facilities more appropriately belong in land zoned industrial or commercial, most likely owned by NSW Maritime or Sydney Ports, in the case of Pyrmont and Glebe. By raising the possibility that such inappropriate development, involving substantial structures could be approved on land zoned Public Recreation, Council is creating a situation where proponents will have an expectation that their DAs will be approved. If it’s on the list, it will be difficult to knock back. We recommend that the “Permitted with consent” section for Zone RE1 include ONLY Kiosks, Recreation Areas and Public Parks. By keeping the list broad, Council will be better able to reject DAs for inappropriate developments. Alternatively, we ask that Council consider creating a new Zone – Public Parks - covering those areas currently zoned RE1 which should be protected from alienation – in particular foreshore parks. Such a zone would prohibit most of the uses outlined in Zone RE1.

As proposed by Council, the only prohibited uses seem to be mining and logging (Resource recovery facilities) or garbage dumps (Waste or resource transfer stations). This list needs to be expanded to include all uses which involve substantial structures and alienation of parks and open space. The City really needs as much green open space as possible – not hectares of concrete. There are still substantial Council-owned sites, eg the Fig/Wattle Street depot, which could accommodate active recreational facilities requiring structures within the Mixed Use Zone.

Whilst many parks under Council control operate under approved Management Plans which may preclude inappropriate activities, these could be changed at any time by a future Council, with the numbers to do so.

Land Zoning - As a general comment, we ask Council to note that most of Pyrmont, and parts of Ultimo have only recently been redeveloped with a mix of medium to high-density residential apartments, integrated with commercial premises and mixed use buildings. It is inconceivable that there will be any demolition or rebuilding within our suburb in the medium to long term. It is therefore important that the zoning is depicted accurately to reflect the reality of this redevelopment and not provide opportunities for property owners to apply for consent for inappropriate uses such as provision of sex services or back packer hostels in residential buildings.

Pyrmont Point – Land Zoning Map – Sheet LZN_007

• We note the extensive areas designated B4 (Mixed Use) associated with development that has already occurred in this area. As the final two residential buildings at Jacksons Landing are now under construction, we ask that the map be amended to reflect reality. The Rum Store and The Elizabeth in Mount St Walk are residential buildings with restaurants on the ground floor; John Street Square bounded by Harris, John and Harvey Streets is also largely residential, with some small scale commercial/retail at street/square level; similarly, the Affordable Housing on the corner of John and Harris Sts is primarily residential with street level restaurant/small business premises; the Promontory at Pirrama Road and Point Street is almost entirely residential apart from a “public:” carpark; The Distillery, Stonecutters, the Quarry, Sugardock, Silk and Antias (under construction) and located in Bowman Street, Distillery Drive and Tambua Street are all residential buildings as is Fleetview in Bowman Street. Given the long list of uses proposed to be “permitted with consent” under this zoning, including boarding houses, business premises, educational establishments, entertainment facilities, function centres, office premises, passenger transport facilities, registered clubs, roads, etc., we urge the amendment of the Map of areas shown as Mixed Use to Residential, where that is currently the reality and the use for which development approval has been given.
• 1 Distillery Drive – We note that the whole of this site is designated B4, but point out that a strip of land along the top of the Bank Street escarpment is designated “urban bushland” which, we understand, will be transferred to Council. It has already been extensively planted with natives, with further planting following completion of the building. We ask that this land be rezoned RE1 Public Recreation.
• 21 Harris Street is currently zoned B3 Commercial. Whilst we appreciate the desire to achieve a mix of “small scale retail and cafĂ© uses with large scale commercial uses in certain areas” we are of the view that as there are large areas of vacant office/commercial space in and around Pyrmont north of Pyrmont Bridge Road, and noting the failure of Lend Lease to sell this site (with an approved DA for commercial development), it would be more appropriate to rezone this site B4 Mixed Use to provide flexibility. Residents do not want this site to remain undeveloped but wish to see it developed in such a way as to provide much-needed additional community amenities, including a childcare centre, as well as a mixture of residential and commercial space, as demand is identified. It is essential that the currently approved height and building envelope restriction remains in place.
• Bank Street – We strongly support the retention of the Public Recreation zoning on the sites currently owned by NSW Maritime and SHFA. However, we have strong objection to its use for any activity other than those approved in the Master Plan governing the site – for passive (non-motorised) boating, community recreational facilities, and a public park. As currently listed as “permitted with consent”, there is a large range of possible uses which we consider totally unacceptable including Charter and tourism boating facilities, electricity generating works, emergency services facilities, marinas, research stations, waste or resource management facilities, water treatment facilities. We seek assurance from Council that this site will not be used for any of these purposes.
• Land linking Quarry Master Drive with Bank Street – We note the strip of land zoned RE1 which runs between 1 Distillery Drive and 120-122 Saunders Street and note its future use is unclear. At present it is not publicly accessible and is in a poor state. As the construction of the adjoining 1 Distillery Drive is underway we ask that Council make a decision on this site’s future.
• We note areas marked SHC SREP Sydney Harbour Catchment 2005 which shows wharf areas which don’t exist, including a long jetty near the end of Harris Street. In addition, the configuration of the shoreline around Pyrmont Point (now Pirrama Park) does not reflect reality. We ask (a) that Council clarify the implications of the depicted jetty, noting that the LEP 2005 Ultimo-Pyrmont Zoning Map does not show it, and (b) that the map be amended to reflect the current shoreline. To leave the jetty would lead to uncertainty with regards to future marinas, etc. We also recommend that you add the Glebe Island Bridge abutment to the map (RTA owned) and clarify its zoning.

Pyrmont – Land Zoning Map – Sheet LZN_008

• We strongly support the zoning of the Council-owned site bounded by Fig and Wattle Streets as Mixed Use. We note that the objectives of this zoning include the integration of “suitable business, office, residential, retail and other development in accessible locations so as to maximize public transport patronage and encourage walking and cycling”. We particularly support community facilities as one of the uses of this site and note its proximity to Wentworth Park sports fields and Wentworth Park light rail station. We further urge consideration of access links to Jones Street, above the site, retention of views to the walls of the old Hell Hole Quarry, and linkage across Wattle Street to Wentworth Park. We also particularly support the principle outlined in the Locality Statement for this precinct to “adaptively re-use the historical buildings providing a mix of land uses in the distinctive built forms”.
• We are unclear as to the status of the sites shown white on the map running between the East side of Harris Street and West side of Pyrmont St from Allen Street to William Henry Street. The old Goldsborough Mort building has now been converted to residential and sits adjacent the new M Central residential development. The Global Switch building on the South side of Fig Street is Commercial; there is a private residential development (Bullecourt) between the Global Switch building and the Council-owned Ian Thorpe Aquatic Centre which would be more appropriately zoned Public Recreation, and the Powerhouse Museum site is zoned Mixed Development. We ask that the status of these sites be clarified.
• We support the zoning of the Neighbourhood Centre in Harris Street near William Henry Street to serve the Ultimo community whilst recognizing that this would involve a gradual transition from its current usage.
• The sites shown as B4 Mixed Development running to the west of Pyrmont Street between Allen St and Bunn Street, and including the Mirage building to the East of Pyrmont Street are all residential buildings and should be shown as R1.

Locality Statements – Pyrmont Point. There appears to be no reference to the waterfront, despite this being a locality surrounded on three sides by water. A principle should be to retain and enhance public access to the foreshore, especially at Bank Street; and protection of foreshore public recreation areas from inappropriate development such as marinas and Charter and tourism boating facilities. We do however, support low key, kiosk-type facilities that enhance the activation of the waterfront.

Pyrmont – We would recommend that a principle be added: Require owners to either use and maintain buildings in their ownership or have their properties subject to compulsory acquisition following due notice of five years by the relevant Council or Government authority. Pyrmont has a large number of buildings and unused land zoned commercial/residential which are neglected and falling into disrepair, including several heritage buildings. The full activation of Harris Street cannot be achieved because of this failure to develop or utilize these properties. In addition, a valuable vacant site located next to the Pyrmont Community Centre is currently used as a carpark. This site could be acquired by the City of Sydney to enable expansion of the Pyrmont Community Centre to provide much-needed community facilities. We believe that legislation should be enacted that enables Government/Council to acquire such properties within a vibrant and growing suburb, rather than continuing and exacerbating what is now urban blight.

Summary

• Land use tables should be amended to look to the future, rather than reflect the past
• The zoning maps need to be updated to show accurately, current developments on land and water;
• The Land Use Table relating to Zone RE1 Public Recreation should not be amended to include the uses added by Council under Section 3 - “Permitted with consent” or a new zoning should be created to ensure protection of green open spaces from alienation by large-scale structures and other inappropriate uses.
• The Land Use Table relating to Zone R1 should not include the uses added by Council under Section 3 – “Permitted with consent” but these should be included under Zone B4 or Zone B3. These uses may be the current reality in some suburbs, but the Plan should look at what is appropriate in a residential zone for the future – and that does not include provision of sex services
• Include a reference to access to the waterfront in the Locality Statement – Pyrmont Point
• Include an additional principle which enables the compulsory acquisition of neglected and un-used property, particularly those with heritage listing/values.

Yours sincerely,


Elizabeth Elenius
Convenor