From the Council Chamber June 17, 2024
By Pittwater Greens Councillor Miranda Korzy
Harmonisation of Northern Beaches Council’s planning controls took a step forward when an overwhelming majority of councillors approved a draft of its core documents at an extraordinary meeting last Monday.
Staff will now send the Planning Proposal - Northern Beaches Local Environment Plan (LEP) to the NSW Planning Department for a so-called “Gateway Determination”, before it returns to the council next year for public consultation.
I was disappointed that a number of straightforward changes I had proposed in an amendment, including recognition of climate change and a limit to depth of excavation at development sites, was rejected by most councillors.
Without these common-sense protections and recognition of the impact of climate change (via sea level rise, coastal erosion, flooding and bushfires) I was not prepared to support the draft LEP.
Manly Your Northern Beaches Councillor Sarah Grattan moved the Draft LEP for approval by council saying it was the culmination of an enormous amount of work by staff over several years, including housing and conservation zones reviews.
“It has been a long and complex process with a lot of community consultation along the way,” Ms Grattan told the meeting.
“I really appreciate how it has shaped the outcome of the Planning Proposal.”
In Pittwater, we are fortunate the NSW Planning Department knocked back the council’s recommendations for a reduction in the number of properties assigned to Conservation Zones.
However, the department is also exerting pressure on staff regarding some issues the community is committed to in Pittwater and elsewhere - some of these being explicit hazard zones and limits on the depth of excavations.
Further, with the NSW Labor government’s proposals for increasing density still under discussion, much remains unknown about the final shape of the LEP.
In the lead up to the meeting I heard from a number of residents groups concerned about inclusions or omissions from the draft, so I put up an amendment calling for:
- A new “Intended Outcome” to be added at the beginning of the document, namely: “Prevention of and adaptation to climate change”.
- Local Hazard provisions to address a number of coastal management issues, including climate change impacts.
- Foreshore Scenic Protection areas be extended from Manly throughout the LGA to include Pittwater, while controls for “Scenic Protection areas” should apply to cliffs as well as other landscape features.
- The “sunset period” for the Warringah Deferred Lands, to be reduced to one year (from two).
- Addition of a clause limiting excavation in Conservation Zones to two storeys.
- And in preparation for the draft Development Control Plan, staff to devise draft controls to protect wildlife and tree corridors.
Local Environmental scientist and Northern Beaches Climate Action convenor Nigel Howard raised the issue of climate change in relation to the LEP in an address to the meeting.
Mr Howard said the draft LEP failed to address the “Climate Emergency” that Council had declared nearly five years ago.
“This LEP will be in force for the critical decade within which precautionary science tells us we must make radical transitions to renewable energy and electrified transport if we are to have a chance of avoiding a climate runaway of 4 to 6 Degrees Celsius of warming.
“Scientists are freaking out about the last 18 months of trashed climate records – it is an emergency!
“… Council must take its “Climate Emergency Declaration” seriously and work proactively with other Councils to demand the NSW Government mandate Net Zero for the National Construction Code and for BASIX (which determine minimum standards for building sustainability in NSW).
“Council should make clear this intent and anticipate this change within this LEP. Another decade of delay is too late! Numerous surveys have confirmed that Northern Beaches residents want far greater climate action from all levels of government.”
Curl Curl Greens Councillor Kristyn Glanville seconded my motion, however, it failed with only Ms Glanville, Frenchs Forest Liberal Councillor Stuart Sprott and myself voting for it.
No other amendments were proposed at the meeting and all councillors except me then voted for the draft as it stood.
Key changes to land use across the LGA included in provisions of the Planning Proposal include:
- Floor space ratios to be introduced for all low-density residential areas, with the maximum FSR determined by lot size and location.
- Density controls in the Pittwater LEP will be replaced with minimum lot size and frontage controls for a range of residential developments.
- A scenic protection clause will apply requiring consideration of views to protect important natural landscape features - however, the Planning Department has already knocked back the council’s proposal for Foreshore Scenic Protection Areas to be extended from the Manly area across the LGA.
- Permitting dual occupancy developments in all R2 low density residential zones subject to minimum allotment size and frontage requirements.
- New detached dual occupancies will be allowed only on corner blocks with two street frontages and not on battle-axe blocks. .
- Secondary dwellings will be permitted 60 square metres of floor space, however, if attached to the main house, that figure rises to 75 square metres.
- A new housing mix will be encouraged in a clause to ensure diversity of dwelling types, living needs and budgets - so blocks of more than 10 units will be required to include: 20 per cent three bedroom units; and 20 one bedroom units.
- Rezoning some land within the “Deferred lands” of the former Warringah LGA to RU4 Rural, C3 Environmental and R2 Residential amongst others.
- Building heights in local centres (not Mona Vale) will increase from 8.5 metres to 9.3 metres, and from 11 metres to 12.4 metres.
- On flood prone land and land with a steep slope (greater than 30 per cent), special considerations as set out in the Pittwater LEP will be extended across the LGA.
- The height of detached secondary dwellings (ie Granny flats) will be restricted to 5.5 metres in C4 and RU2 zones (Conservation and Rural zones respectively).
- Boarding houses and hostels will be permitted in low density residential zones, within 400 metres of some local centres including Avalon, Newport and North Narrabeen.
- A clause for registered clubs in the RE1 Public Recreation Zone and RE2 Private Recreation Zone will be applied to ensure clubs are “incidental or ancillary” to a recreation facility in these zones.
- Heritage lists have been consolidated and “redundant” items removed.
A number of residents have expressed anger and disappointment about the inclusion of Section 4.6 in the LEP, allowing for some features of developments to be approved despite not meeting standards set in the LEP. However, as staff pointed out at the meeting, this clause was mandated by the Planning Department.
Staff have emphasised that the community will be consulted once the Planning Department has considered the draft, so I hope we can secure some of those fundamental changes called for by residents in the final document.
The new LEP will replace the Pittwater LEP of 2014 (PLEP14), the Warringah LEP of 2011 (WLEP11) and its partner, the Warringah LEP 2000 (for “Deferred Lands”) (WLEP2000), and the Manly LEP 2013 (MLEP13).
Monday 17/06/2024 – Northern Beaches Council – Local Environment Plan
Address given by Nigel Howard
Good evening Councillors
My name is Nigel Howard, I am a retired environmental scientist. I founded the Edge Environment consultancy In Manly and I’m a member of the Environment Strategic Reference Group.
I speak in support of the motion for harmonising the LEP’s across prior Council jurisdictions, but with the qualification and concern that the draft LEP currently fails to address the “Climate Emergency” that Council declared nearly 5 years ago and the climate related commitments made in the Protect Create Live Strategy and the Community Strategic Plan.
This LEP will be in-force for the CRITICAL decade within which precautionary science tells us we MUST make radical transitions to renewable energy and electrified transport if we are to have a chance of avoiding climate runaway to 4-6DegC of warming.
Scientists are freaking out about the last 18 months of trashed climate records – it is an emergency!
Planning is the most potent instrument that Council have to mitigate the largest community emissions from buildings and transport, but also to promote carbon drawdown.
Within the LEP, Council states that “councils are not permitted to set higher standards than those included in the Sustainable Buildings SEPP and the NCC.”
This is true, but in an emergency, you take extraordinary action beyond the normal bounds of responsibility and obligation.
Council must take its “Climate Emergency Declaration” seriously and work proactively with other Councils to demand that NSW Government mandate Net Zero for the National Construction Code and for BASIX.
Council should make clear this intent and anticipate this change within THIS LEP.
Another decade of delay is too late! Numerous surveys have confirmed that Northern Beaches residents want far greater climate action from all levels of government.
There are also huge benefits from mandating Net Zero:
1. We stop adding to the stock of houses that need retrofit for net zero.
2. We ensure solar on every new house (Council committed to 50% of suitable premises having solar by 2030)
3. We reduce emissions from houses 4 times faster
4. Net Zero homes are IMMEDIATELY more affordable – the energy cost savings are 2-4 times greater than the additional mortgage payments.
5. Net Zero homes provide significant opportunities for homebuilders to add value and maximise profitability (e.g. larger solar panels future-proofing for Battery Electric Vehicles, Home batteries, bi-directional charging for Electric Vehicles, heat pump hot water systems etc.)
6. We eliminate gas and methane emissions from new buildings
Net Zero for all other building types has similar benefits.
Planning is also Council’s most potent instrument for reducing transport impacts by accelerating the roll-out of charging points and promoting the availability and uptake of bi-directional charging. This has radical implications for electric vehicle uptake, for the viability of renewables and for reducing the costs of grid upgrade.
Planning can also promote carbon-drawdown from agriculture, reforestation, preserving existing bushland, restoring and protecting mangroves, peat bogs, sea grasses and prairies.
The current draft LEP gives scant consideration to all of these opportunities but will be in force for most of the time that we all have to transition for a survivable future.
This is literally critical for providing a survivable future for our children and grandchildren and 90% of other species. In the entirety of human history nothing has ever mattered more. It may already be too late!!