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Gateway Determination

18/10/2015

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On the 2nd October the Department of Planning released its Gateway Determination on the proposed changes to the LEP relating to the Broulee Development.

You can read the full information on the Departments LEP Tracking website which lists the proposal as "Resubmission required at Gateway"

The determination letter is provided for convenience below, alternatively you can download the PDF from the Departments website.

We will keep you updated when Council provides information relating to this.

"Dear Dr Dale

I am writing in response to your Council's letter dated 1 July 2015 requesting a Gateway determination under section 56 of the Environmental Planning and Assessment Act 1979 (the Act) in respect of the planning proposal to rezone undeveloped residential land at Broulee and amend the minimum lot size and building height maps.

As delegate of the Minister for Planning, I have now determined that the planning proposal should be re-submitted by Council following completion of the additional work and information required by the conditions in the attached Gateway determination (see below).

It is acknowledged that the subject land has been zoned for residential development and also contains important vegetation communities. The Department is aware of the outcomes of the Broulee bio-certification process, and the need to preserve the biodiversity corridor through the application of the E2 Environmental Conservation zone. The Department also supports the reduction in the minimum lot size from 550 square metres to 450 square metres and notes that the maximum building height is to remain at 8.5 metres.

However, it is considered that Council has not provided sufficient detail on how the proposed R3 Medium Density Residential zone and associated built form would sensitively integrate with the existing coastal character and low scale village of Broulee.

Therefore, to progress the planning proposal, Council is to undertake a master planning process to inform the proposed zoning and development controls for the subject site. The masterplan should consider the proposed development scale, form and layout of the site and associated development controls to achieve the desired built outcome. The masterplan should also illustrate how future development of the site will integrate with existing development. The planning proposal is to be amended following preparation of the masterplan. The Department is available to work with Council to progress this matter".

Gateway Determination
"Planning proposal (Department Red: PP_2015_EUROB_004_00)

I, the Acting Deputy Secretary, Planning Services at the Department of Planning and Environment as delegate of the Minister of Planning, have determined under section 56(2) of the Environmental Planning and Assessment Act 1979 (the Act) that an amendment to the Eurobodalla Local Environmental Plan (LEP) 2013 to rezone land at Broulee from R2 Low Density Residential to R3 Medium Density Residential and E2 Environmental Conservation and amend the minimum lot size and height of buildings maps should be re-submitted for the following reasons:
  1. Council has not provided sufficient strategic justification to support the location and scale of the proposed R3 Medium Density Residential zone adjacent to the E2 zone proposed on the subject land.
  2. Council should prepare a masterplan to:
  • demonstrate how the proposed higher density residential area can be integrated into the scale and character of the Broulee urban area
  • address issues of urban design (including the Coastal Design Guidelines), management of conservation areas, traffic, pedestrian/cycling access, stormwater management and any other development control issues considered necessary to enable a full assessment of the proposal.
  1. Council is to consult with the Office of Environment and Heritage and NSW Rural Fire Service during the preparation of the masterplan;
  2. Following preparation of the masterplan, Council should update the planning proposal inline with the outcomes of the master planning process and re-submit to the Department for a revised Gateway determination."
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