Wollondilly Local Environmental Plan 2011 (Amendment No. 3) - Maldon Employment Lands

PLANNING PROPOSAL Wollondilly Council, on 1 December, 2011, has submitted a Planning Proposal prepared in accordance with section 55 of the EP&A Act. The purpose of the Planning Proposal is as follows: ? to enable the development of land fronting Picton Road in Maldon from RU2 Rural Landscape to the IN1 General Industrial Zone for employment generating uses; and? to enable rezoning of the riparian buffer adjacent to the Nepean River and Carriage Creek from RU2 Rural Landscape to E2 Environmental Conservation Zone. Consequential changes are: ? to amend the Wollondilly LEP 2011 by adding the IN1 General Industrial zone to the land use table with the following attributes:Zone IN1 General Industrial1 Objectives of zone. To provide a wide range of industrial and warehouse land uses. . To encourage employment opportunities. . To minimise any adverse effect of industry on other land uses. . To support and protect industrial land for industrial uses. . To ensure new development is sustainable and will not impact on land with high biodiversity value. To maintain the efficient operation of the regional and local road network.2 Permitted without consent Nil3 Permitted with consentDepots; Freight transport facilities; General industries; Industrial training facilities; Kiosks, Light industries; Neighbourhood shops; Roads; Storage Premises; Warehouse or distribution centres; Any other development not specified in item 2 or 44 ProhibitedAgriculture; Air Transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat sheds; Camping Grounds; Caravan Parks; Cemeteries; Crematoriums; Charter and tourism boating facilities; Child care centres; Commercial premises; Community facilities; Correctional centres; Eco-tourist facilities; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Function Centres; Hazardous industry; Heavy industrial storage establishment; Health services facilities; Highway service centres; Home occupations (sex services); Information and education facilities; Mortuaries; Offensive storage establishments; Places of public worship; Public administration buildings; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential accommodation; Restricted premises; Retail premises; Schools; Sex services premises; Tourist and visitor accommodation; Veterinary hospitals; Water recreation structures; Wharf or boating facilities; Wholesale supplies? to amend the Wollondilly LEP 2011 Land Zoning Map in accordance with the proposed zoning map shown at Tag C2; ? to amend the Wollondilly LEP 2011 Natural Resources - Biodiversity Map in accordance with the proposed map shown at Tag C3; and? to amend the Wollondilly LEP 2011 Natural Resources - Water Map in accordance with the proposed map shown at Tag C4.Details of the land involved are in the Planning Proposal submitted by Council at Tag A. The aerial and location maps of the subject land are attached at Tags B1 and B2, and the current and proposed land zoning maps are at Tags C1 and C2.BACKGROUNDThe site (Tag B2):The subject site adjoins IN3 Heavy Industrial zoned land and is strategically located in terms of regional transport infrastructure with major transport routes including Picton Road with linkages to major industrial nodes such as Port Kembla and nearby South Western Freeway (Hume Highway) providing a direct route to metropolitan destinations north and to Melbourne in the south. The Main Southern Railway forms one of the site boundaries and may have a junction with the proposed Maldon-Dombarton railway which would be located nearby. The railway is currently used as a freight route by existing industries in Maldon which are connected via sidings to this line.The subject site contains nine lots in three separate areas:- Area 1 contains an electrical substation which is not suitable for further development and five smaller lots ranging in size from 2 - 5 ha; - Area 2 contains two lots in one ownership with a combined area of almost 9 hectares; and - Area 3 is a portion of a larger lot and contains 87 hectares but only around 25-30 hectares is suitable for zoning to industrial and the remainder is proposed to be zoned for environmental conservation purposes.Proposed zoning:In 2008 Wollondilly Shire Council notified the Department of the draft local environmental plan to amend the then Wollondilly LEP 1991 to rezone certain rural land (approx. 103 ha) at Maldon to an IN1 General Industrial Zone and E3 Environmental Management Zone. The draft LEP has been proposed following requests from owners of land at Maldon. Maldon is located within the Macarthur South Area. The land subject to the draft LEP is located adjacent to the Blue Circle Southern Cement Facility and the Allied flour and maize mill (under construction) and is on the Main Southern Rail line as well as about 10 kilometres from the F5/Picton Road junction. Part of the site is located adjacent to the Nepean River and Carriage Creek and contains a large portion of native vegetation comprising ecologically endangered communities. It is proposed to conserve the vegetation. Council has advised that the proposed zoning of the riparian corridors has been amended from E3 Environmental Management Zone (as per the Council resolution dated of 17 March, 2008) to E2 Environmental Conservation Zone following agency consultation carried out under S62 in November, 2009. It should be noted that when the LEP was transitioned to the new process under the new Part 3 of the Act in December, 2010, the proposed zoning of the riparian corridors was E3 Environmental Management Zone. Planning process:In March, 2009, Council was given authorisation to proceed with the draft plan using S65(1) and 69(1) delegations under the previous EP&A Act, 1979. Council completed the agency consultation process under S62 in November, 2009. However, due to a submission from the Department of Primary Industry's Mineral Resources section regarding future mining in the area, and the requirement for additional studies to be prepared, the draft LEP was delayed.The Deputy Director General determined on 22 December, 2010, that the former LEP plan making provision ceased to apply to the draft LEP and that the LEP be transitioned to the new process under the new Part 3 of the Act, see letter at Tag 3. Council was given 9 months to finalise the draft LEP. A "Gateway Determination" is considered necessary to continue the progression of the planning proposal. Accordingly, Wollondilly Shire Council has submitted the current planning proposal for a Gateway Determination.