Monday, June 06, 2005  

History of Development & Planning Instruments

1995 - 1000 Residents through a petition protested against a proposal for a 4 storey development of 54 home units and one shop. Hurstville City Council refused this proposal. Oatley Residents then tried to have a two storey limit included in the controls.

1999
- After many delays the Minister advised that the two storey limit could not be approved until Council agreed to build more home units throughout Hurstville.

May 2000 - Following further representations by the Oatley Residents Association and strong representations by Kevin Greene the Minister approved LEP Amendment No 13 for a two storey limit for the 3 (a) zone in Peakhurst ward only.

September 2000 - the Minister approved LEP Amendment 23 for a two storey limit for the 3 (a) zone in Penshurst and Hurstville wards. This amendment was subsequently ruled to be ineffective on 17/6/02 because the notice of the intention had not been advertised correctly in the Leader.

August 2002 - the Minister approved LEP Amendment 38 along the same lines as Amendment 23. However in doing so the two storey height limit for the 3 (a) zone in Peakhurst ward was inadvertently removed from the LEP.

16 December 2003 – Renaldo Gaiety meets with 32 Oatley Residents Association at Oatley Bowling Club. At this meeting discussions are about 12 units and trying to preserve the tree.

12 January 2004 – Mr. Gaiety meets with 43 Oatley residents in church hall, Gungah Bay Road. A floor plan is presented with one large retail area of 1000sq metres. Residents are certain and vocal in rejecting a supermarket.

12 July 2004 – Renaldo Plus 3 Pty Ltd lodges DA 20040454 for demolition of existing dwelling houses and construction of a mixed use development which included a supermarket, with basement parking. No mention of “Coles” in Renaldo’s actual DA though the supermarket is referred to as “Coles supermarket” in plans

8 December 2004 – HCC’s Development Assessment Committee meeting at which Council staff presented their report, recommending approval of DA., according to existing planning instruments. Council’s Traffic Engineer did NOT refer DA to the RTA, or Hurstville’s Local Traffic Committee (LTC) as required by SEPP 11.

Councillors in presence of several hundred locals unanimously rejected DA.

13 January 2005 – draft Amendments 60 advertised in leader. Amendment 60 proposed to correct the mistake made in Amendment 38 by reinstating the two storey height limit for the 3 (a) zone in Peakhurst Ward. Amendment 66 proposes to change the name of Zone 3 (a) from General Business to Neighbourhood Business and generally make it clearer that zone 3 (a) was always intended for small neighbourhood shops.

22 March 2005 – first day of LEC hearing held on site at Mulga Rd. About 10 locals spoke to the commissioner. That evening Renaldo lodged an amended DA (dated about 10 days earlier apparently) with the LEC. This DA has not been on public exhibition so the community has not been consulted nor had the opportunity to lodge a submission of objection.

24 March 2005 - Draft Amendment 66 was advertised.

28 April 2005 – Hurstville’s LTC met for first time to discuss Mulga Rd DA that was lodged over 9 months before - and after the first day of LEC hearing.

2 and 3 June 2005 – days 2 and 3 of LEC heard in LEC rooms in Macquarie St. Some residents gave evidence. Renaldo had experts for town planning (Mr Andrew Darroch), traffic (Mr Graham Pindar), trees (Ms Catriona Mackenzie) and supermarkets (Coles Feasibility Manager, Mr Reginald Binding). There were a couple of court-appointed experts for town planning (Mr Gary Shiels), acoustic (Mr Barry Murray) and trees (Mr David Ford). HCC had none.

12 July 2005 – Renaldo Plus 3 Pty Limited v Hurstville City Council [2005] NSWLEC 315 judgment handed down.

26 August 2005 – ORAO met with Shadow Minister for Planning, Chris Hartcher to discuss the Planning Minister’s delay in signing off Amendments No. 60 and 66. That very afternoon, Sartor signed off Amendment 66.

9 September 2005LEP Amendment No 66 was gazetted. Change the name of Zone 3 (a) from General Business to Neighbourhood Business and generally make it clearer that zone 3 (a) was always intended for small neighbourhood shops. A size limit of 400sq metres retail area imposed.

14 October 2005 - Amendment 60 to LEP was gazetted. This will place a height restriction of the area to two storey height limit to include Peakhurst ward which had been inadverdently removed when amendment 38 was made.

17 & 18 October Appeal hearing at the Land and Environnment Court

1 November 2005 - Judgment - Development allowed.


Comments:
I understand that amendment 60 has also been gazetted. when was that?
 
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