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Warriewood Valley Development Rezoning Rejected By Council Now Approved By Sydney North Planning Panel For Flood Zone: '0' Becomes '22'!

Motion of Urgency - 2 Macpherson St, Warriewood - Warriewood Valley Rezoning

Moved: Cr Vincent De Luca OAM

That this Council:

Notes with concern:

a. The decision of the Sydney North Planning Panel on 4 July 2018 to recommend the making of an amendment to the Pittwater LEP 2014 to increase the number of dwellings allowed in the Warriewood Valley Release Area from 0 to 22 for buffer area 1m in Clause 61.

b. The concerns raised by former General Manager of Pittwater Council, Mr Angus Gordon OAM,BE, M Eng Sc, FIE (Aust) C P Eng via email to Ward Councillors and referred to Council Management dated 6 July 2018:

"The Planning Panel has knowingly placed residences and people in harms way. They have not only intensified development in a flood prone area (which actually goes under water regularly) but also have approved filling of a significant flood storage area thereby causing impacts on surrounding properties.

Clearly they also failed to acknowledge that a "1 in 100 year flood” actually is a flood with a 1% per year probability of being equalled or exceeded and a 45% chance of occurring in a 60 year development life time…that is, it is not a rare event Further, there is the potential for a 1 in 200, a 1 in 300 etc, all with a probability of excellence which mean there is an an unacceptable level of risk of their occurrence, that is more than a 5% chance of occurring during the 60 year expected lifetime of the buildings. The PMF is actually a flood that has a probability of excellence of 0.001% each year; a level of risk generally accepted for many matters, including geotechnical risk, for example. Further, studies by the Uni of NSW indicate that the probability of a PMF event will increase anyway due to the rather poor basis of our current information which does not actually cover enough time to provide certainty as to the current estimates of say a 1 in 100 year event….that is why the State changed from using the 1 in 100 as the flood “standard” and introduce the need to cover the PMF."

That this Council resolves to:

a. Seek urgent advice from Counsel as to the prospects of overturning the decision of the Sydney North Planning Panel;

b. Write to the Minister for Planning and all local State MPs expressing Council's concern regarding the Panel's decision in view of the flood risk as outlined in past Reports to Pittwater Council and formally request the Plan NOT be made.

Voting:

For: Councillors De Luca OAM, Heins, Amon, Daley OAM, McTaggart, Harrison, White, Grattan, Bingham and Walton.

Against: Councillor Philpot

Absent: Regan (left the Chamber during Vote), Ferguson, Warren and Sprott.

Motion of Urgency - 2 Macpherson St, Warriewood - Warriewood Valley Rezoning PASSED

NBC July 17th, Extraordinary Meeting Minutes of Meeting (PDF: 229.89KNB).

The Warriewood Valley Release Area Landscape Masterplan and Design Guidelines 2016, the Warriewood Valley Roads Masterplan (May 2016), and the Warriewood Valley Urban Land Release Water Management Specification set out the detailed requirements for the public domain, transport and drainage infrastructure that accompanies any new development in the Warriewood Valley Release Area.

The Warriewood Valley Strategic Review Report (2013) and the Warriewood Valley Strategic Review Adendum Report (2014) are the contemporary strategic documents that inform the development opportunities in the Warriewood Valley Land Release area.

The Planning Framework 1997, the STP Buffer Sector Planning Framework 2001, and the Planning Framework 2010 are historic strategic documents that informed the rezoning and development of the Warriewood Valley release area since its inception.

Originally, Warriewood Valley was developed on a sector-by-sector basis, using sector masterplans to co-ordinate site development, access and the delivery of infrastructure. Since 2013 individual properties are not subject to a sector masterplan and can be developed individually.