Ordinary Council Meeting
29 June 2016
FRANCIS GREENWAY CENTRE
Business Improvement Report
DBI 01 Endorsement of the Delivery Program 2013-17 and Operational Plan 2016-17 including 2016-17 Budget ............................................................................................ 600...........
Planning and Growth Report
DPG 01 Draft Amendment Liverpool Local Environmental Plan 2008 - Leppington Pastoral Company...................................................................................................... 860...........
Endorsement of the Delivery Program 2013-17 and Operational Plan 2016-17 including 2016-17 Budget
Leading Proactive Council
Provide business excellence and financial sustainability to deliver services that meet community expectations
Long-Term Financial Plan
Naeem Babar - Senior Corporate Planner
Carole Todd - Director Business Improvement
This report proposes to adopt Council’s 4-year Delivery Program and 2016-17 Operational Plan and Budget including Revenue Pricing Policy (Fees and Charges) in accordance with Section 404 and 405 of the Local Government Act 1993 which requires Council to review its Delivery Program and adopt its annual Operational Plan by 30 June each year.
At its meeting on 25 May 2016, Council resolved to put draft Delivery Program, 2016-17 Operational Plan and 2016-17 annual budget including Revenue Pricing Policy (Fees and Charges) on public exhibition to allow for public comments and submissions and to receive a further report after a review of public submissions.
This report outlines submissions received during the public exhibition and recommends that Council adopt the 4-year 4-year Delivery Program and 2016-17 Operational Plan and Budget including Revenue Pricing Policy (Fees and Charges).
1. Adopts the 4-year Delivery Program and 2016-17 Operational Plan and Budget with the changes outlined in the report.
2. Makes the rates and charges for the financial year commencing 1 July 2016 as outlined in the Revenue Pricing Policy and exhibited in the draft Delivery Program and Operational Plan and Budget.
3. Writes to the individuals who provided a submission, thanking them for their submission and provides a response to their feedback and, or comments.
4-year Delivery Program and 2016-17 Operational Plan and Budget
The Delivery Program outlines key principal activities that the Council will be delivering during its term of office. The Delivery Program activates the Community Strategic Plan, Growing Liverpool 2023, which has been developed in consultation with the Liverpool Community. The Growing Liverpool 2023 plan provides a long term vision for Liverpool City through identifying seven key directions.
The 2016-17 Operational Plan outlines actions; provides a list of projects and services; assigns responsibilities for delivery of these projects and services; provides targets and key performance indicators to measure Council’s overall performance in the delivery of all actions.
For improved integration and functionality, the Delivery Program and 2016-17 Operational Plan have been included in the same document. It includes the following:
· Council's principal activities/services over four years;
· Key Performance Indicators and Service Statistics to determine effectiveness;
· 2016-17 actions;
· 2016-17 draft budget;
· 2016-17 proposed capital works program; and
· 2016-17 draft revenue pricing policy (proposed rates, fees and charges).
The Local Government Act 1993 requires Council to undertake a detailed review of its Community Strategic Plan and Delivery Program by 30 June in the year following an election. The Operational Plan and annual budget are required to be adopted by 30 June of each year.
Council has committed $62 million for infrastructure capital works in the 2016-17 budget, details of works to be undertaken are available in the full document provided under separate cover.
Proposed major works include:
· $36m for the renewal and replacement of existing assets to improve asset conditions and service levels
· $26m for the provision of new assets and upgrades to facilities to meet demand
· over $2m to continue a major program of upgrades to Northumberland St Car Park and Warren Service way Car Parking stations
· $1m to complete lift and foyer upgrades at 33 Moore St
· Approximately $1m for planned improvements to various elements of the three major leisure centres
· Macquarie Mall - $5m to complete works that are currently in progress
· $10m for a range of improvements to Bigge Park and adjoining streets
· $2.6m for a range of flood mitigation works
· Croatia Avenue - $11m to commence preconstruction activities for reconstruction and widening of this key link to Edmondson Park and Railway Station
· More than $26m for upgrades and improvements to roads related infrastructure, including:
o $12m for pavement reconstruction and resurfacing covering over 6.7 km local and regional roads plus 9.1 km of rural roads - over 30 roads improved
o $2.9m for over 16km of footpaths and shared paths to improve accessibility and mobility covering 35 streets.
o $1m for a range of traffic facilities to improve pedestrian and motorist safety
o 10 new shelters to provide improved access to bus stops and safer access to public transport
Proposed Changes to the Budget
Feedback received during the exhibition period did not materially change the 2016-17 budget. Key assumptions of the 2016-17 proposed budget are:
· Proposed budget income of $246.6m
· Proposed budget expenditure of $164.9m
· Key revenue budget assumptions
o Rates increase by 1.8% (as determined by IPART)
o Domestic Waste Charges increase from $371 to $411 per household (based on full cost absorption methodology)
o Developer contributions (S94) are based on relevant contributions plan
o Planning & building regulatory fees & charges are based on limits set by State Government
o Non-regulatory fees & charges increase by 2.0%
o Interest and investment earnings are based on average returns from estimated investment holdings in 2016-17
· Key expenditure budget assumptions
o Employee costs increase by 2.8% based on LG Award
o 24 vacant positions will not be filled (Budgeted 730 FTE)
o $0.2m reduction in overtime costs
o Savings from industrial and operational efficiencies
o 2% general price increase applied to materials, contracted supplies and utilities
The documents were placed on Public Exhibition between May 26 and 23 June. The following methods were undertaken in order to solicit public feedback and input:
· Hard copies were placed at various locations including Council’s Customer Service Centre, the Liverpool Library and the Casula Library;
· Presentations were made at the Rural and Urban Community Forums;
· The document was placed on Council’s homepage and the Liverpool Listens page;
· Mail-out to all Liverpool Listens members;
· Public notices were placed in local newspapers;
· Updates were made on Council’s Facebook account and Twitter directing people to the plans.
As a result of the exhibition period, Council received six formal submissions and two facebook comments. A summary of the feedback received included:
· An objection to the Liverpool Council facilities fee increases for all children’s sport facilities;
· Concern around the level of detail in the budget;
· A request to all councils to pass a motion to promote women in sport by improved access, participation and equity for women and girls, and participate in the Local Government Women in Sport Equity Program;
· A request for better drainage to check flooding around Hoxton Park Road;
· Request to provide new amenities and maintain the existing ones at Ida Kennedy Reserve, Wilson Road and Green Valley;
· Requests to improve landscaping at Georges Fair.
A summary of the feedback received during the public exhibition period and officer responses to these submissions has been attached for your information.
This report recommends adoption of Council’s Delivery Program and 2016-17 Operational Plan including Budget and Revenue Pricing Policy (Fees and Charges). The document comprehensively states Council’s position and intention as an entire organisation into the coming 2016-17 year. The document encompasses all economic and financial, environmental and sustainability, social and cultural and civic leadership and governance considerations of Council.
Economic and Financial
Deliver and maintain a range of transport related infrastructure such as footpaths, bus shelters and bikeways.
Deliver a high quality local road system including provision and maintenance of infrastructure and management of traffic issues.
Facilitate economic development.
Environmental and Sustainability
Minimise household and commercial waste.
Manage the environmental health of waterways.
Manage air, water, noise and chemical pollution.
Retain viable opportunities for local food production while managing land use to meet urban growth.
Enhance the environmental performance of buildings and homes.
Protect, enhance and maintain areas of endangered ecological communities and high quality bushland as part of an attractive mix of land uses.
Raise community awareness and support action in relation to environmental issues.
Social and Cultural
Raise awareness in the community about the available services and facilities.
Provide cultural centres and activities for the enjoyment of the arts.
Support policies and plans that prevent crime.
Preserve and maintain heritage, both landscape and cultural as urban development takes place.
Regulate for a mix of housing types that responds to different population groups such as young families and older people.
Support community organisations, groups and volunteers to deliver coordinated services to the community.
Promote community harmony and address discrimination.
Support access and services for people with a disability.
Deliver high quality services for children and their families.
Civic Leadership and Governance
Act as an environmental leader in the community.
Undertake communication practices with the community and stakeholders across a range of media.
Foster neighbourhood pride and a sense of responsibility.
Encourage the community to engage in Council initiatives and actions.
Provide information about Council’s services, roles and decision making processes.
Deliver services that are customer focused.
Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct.
Actively advocate for federal and state government support, funding and services.
1. 2013-17 Delivery Program and 2016-17 Operational PlanView
2. Revenue Pricing Policy (Fees and Charges) 2016-17View
Draft Amendment Liverpool Local Environmental Plan 2008 - Leppington Pastoral Company
Liveable Safe City
Deliver an efficient planning system which embraces sustainable urban renewal and development
Urban Development Plans
Murray Wilson - Senior Strategic Planner
Toni Averay - Director Planning & Growth
1675 The Northern Road, Greendale
Leppington Pastoral Company Pty Ltd
Leppington Pastoral Company Pty Ltd
Note: DPG 01 was first published in the Agenda for Council meeting 29 June 2016 with the incorrect document included as “Attachment 1”. The content of DPG 01 has not changed, however the correct document has now been provided for attachment 1.
On 1 September 2015, a proposal to amend the Liverpool Local Environmental Plan 2008 (LLEP 2008) was received from Leppington Pastoral Company Pty Limited (LPC) in relation to 1675 The Northern Road, Greendale. The subject site is identified as Lot 100 and 101 in DP 1171843, and Lot 11 DP 1092165.
The proposal seeks to amend the LLEP 2008, by adding a clause that permits up to 25 dwellings (dwellings and rural workers’ dwellings) on the subject site. The proposed amendment will enable LPC to continue its operations in a sustainable manner.
1. Endorses in principle the Planning Proposal to amend the Liverpool Local Environmental Plan 2008, to allow with consent a maximum of 25 dwellings (dwellings and rural workers’ dwellings) on 1675 The Northern Road, Greendale;
2. Delegates to the A/CEO the authority to finalise a modified Planning Proposal as detailed in this report, and submit to DPE for Gateway approval.
The proposal seeks to amend the LLEP 2008, by adding a clause that allows (with consent) a maximum of 25 dwellings (inclusive of existing residences and rural workers’ dwellings) on the subject property. The request for the amendment comes from the need to relocate existing rural workers’ dwellings as a result of the government acquisition of land for the proposed Western Sydney Airport as well as the potential noise impacts from the future airport on existing rural workers’ dwellings.
Context of the Subject Land
The subject site is identified as Lot 100 and 101 in DP 1171843, and Lot 11 DP 1092165, within the rural area of Greendale, approximately 20 kilometres west of the Liverpool city centre. The subject property lies outside of the South West Priority Growth Area, and borders the proposed airport at Badgerys Creek. The location of the Leppington Pastoral Company property is shown in Figure 1.
Figure 1 – Image illustrating location of subject property and zoning
Badgerys Creek Airport Site
In October 2015, the Department of Infrastructure and Regional Development (DIRD) publicly exhibited the Environmental Impact Statement for the proposed airport. It is anticipated that the first runway (being the northern runway - Stage 1) will be completed, and operational in 2025. Stage 2 or the long term scenario, involving the construction of the second (and southernmost) runway, is anticipated to be completed in 2063. The LPC dairy lies just west of the proposed southern runway (refer Figure 2).
While additional residential accommodation would not normally be supported in such close proximity to a future airport, the need to relocate or replace existing rural workers’ dwellings has arisen as a direct result of acquisition of some of the existing land by the Commonwealth Government for the future airport. As a result of these land acquisitions, it is likely that LPC will lose approximately seven rural workers’ dwellings.
To ensure LPC can continue as a sustainable farming operation, it is considered appropriate to allow them to relocate or replace their existing rural workers’ dwellings on their property in a location that is currently located outside of the current ANEF contours 20-25. It should be noted that this planning proposal will also be referred to the DIRD for comment, if the recommendations of this report are supported.
Figure 2 – Image illustrating location of subject property in relation to location of Badgerys Creek Airport runways and ANEF contours
A Plan for Growing Sydney
A Plan for Growing Sydney identifies the dairy farm as being outside of the urban growth area as shown in Figure 3. The support of this amendment would be consistent with Action 1.9.1 (supporting the growth of a priority industry i.e. agriculture) of the plan and Action 4.1.2 (minimise adverse economic impacts on existing primary industry and productive agriculture and protecting productive agricultural land).
Western Sydney Priority Growth Area
LPC is also located just to the west of the recently created Western Sydney Priority Growth Area (WSPGA). The WSPGA includes the Broader Western Sydney Employment Area (but not WSEA), the SWPGA (north of Bringelly Road) and Western Sydney Airport as shown in Figure 3.
– Image illustrating the location of Leppington Pastoral Company’s
property (solid red shape)
in relation to the Western Sydney Priority Growth Area
Leppington Pastoral Company
LPC began operating in 1962 with the purchase of a 230 hectare property at Greendale. Following incorporation a year later, LPC acquired an adjoining property of approximately 350 hectares. These two properties have operated together since then and are referred to by LPC as the “Base Farm” (dairy farm). The dairy farm comprises water storage, dryland farming, year-round irrigation, as well as utilities such as houses, sheds, silage pits and irrigation infrastructure. Approximately 100 workers are directly involved in the daily operation of the pastoral company.
In 1991, the Commonwealth Government acquired 38 hectares of the subject site for the purpose of accommodating a site for an airport at Badgerys Creek. Since the acquisition, the 38 hectares have been leased back to the LPC. The Commonwealth gave notice of its intention to repossess the 38 hectares in May 2016.
LPC have advised they milk over 2,000 cows on the property, on a 24 hour, 7 days a week basis. This represents the second largest single-site dairy farm in Australia. Total dairy sales for 2014 were $17.8 million. The dairy operation also includes the rearing of calves born on the farm or on nearby LPC associated properties (about 2,700 per year). After about 4 months the calves are sent to other properties in south west Sydney (also owned by LPC). The females are later returned to the farm as pregnant heifers and potential milkers, while the males are sold as steers. Refer to Attachment 2 for images of the farm in operation in late May 2016.
In addition to the dairy-based operations, onsite farming processes produce organic fertilizer, which in 2014, achieved $8.3 million in sales.
As stated above, LPC’s core agricultural business is dairy focused. Cows are milked on a 24 hours a day, 7 days a week. The family who own and operate the business live onsite in five separate dwellings. In addition to this, 29 farm employees also live onsite in 16 existing rural workers’ dwellings, which result in a total of 21 dwellings (including rural workers’ dwellings).
Proposed LEP Amendment
The applicant’s Planning Proposal requested the following clause be drafted for consideration.
22 Use of certain land at Bringelly in Zone RU1
(1) This clause applies to Lots 10 and 11, DP 1092165 and Lot 102 DP 812653 in Zone RU1 Primary Production The Northern Road, Bringelly.
(2) The provisions of clause 7.24A(2) do not apply to the land referred in sub-clause (1).
It is noted that Clause 7.24A, which restricts the number of rural workers’ dwellings to one per property, was introduced to ensure that rural workers dwellings do not conflict with zone objectives and undermine ongoing viability of rural enterprises.
Council officers had concerns with the lack of a dwelling cap, the impacts of any new dwellings on the development and operation of the proposed Western Sydney Airport, and potential impacts on the rural amenity of the locality.
The proponent has suggested a maximum cap of 25 dwellings for the possible future expansion of the business. This represents an addition of four (4) rural workers’ dwellings to those currently on the site.
Council officers have held discussions with the applicant and developed a revised clause that addresses officers’ concerns while still allowing the relocation and replacement of existing rural workers’ dwellings. The appropriateness of the additional cap and a revised clause is discussed later in this report.
Liverpool Local Environmental Plan 2008 (LLEP 2008)
The subject site is zoned RU1 Primary Production under the LLEP 2008 (see Figure 1). The objectives and permitted uses of the RU1 zone are outlined below.
Zone RU1 Primary Production
1 Objectives of zone
· To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
· To encourage diversity in primary industry enterprises and systems appropriate for the area.
· To minimise the fragmentation and alienation of resource lands.
· To minimise conflict between land uses within this zone and land uses within adjoining zones.
· To ensure that development does not unreasonably increase the demand for public services or public facilities.
· To ensure that development does not hinder the development or operation of an airport on Commonwealth land in Badgerys Creek.
· To preserve bushland, wildlife corridors and natural habitat.
2 Permitted without consent
Environmental protection works; Extensive agriculture; Home-based child care; Home occupations
3 Permitted with consent
Agriculture; Airstrips; Animal boarding or training establishments; Bed and breakfast accommodation; Building identification signs; Business identification signs; Cemeteries; Community facilities; Crematoria; Dual occupancies; Dwelling houses; Environmental facilities; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Hazardous storage establishments; Health consulting rooms; Helipads; Heliports; Home businesses; Home industries; Landscaping material supplies; Offensive storage establishments; Open cut mining; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Veterinary hospitals; Water recreation structures
Any development not specified in item 2 or 3
It is considered that this proposed amendment would be consistent with encouraging sustainable primary industry production and diversity in primary industry enterprise and systems by supporting necessary residences for employees of the dairy operation. It is anticipated that the proposed rural workers’ dwellings would not hinder the development potential of the proposed airport in the short or long term.
There are two main clauses within LLEP 2008 that affect this land. These are outlined below:
1. Clause 7.18 Development in areas subject to potential airport noise, dwellings are not permitted on land where the ANEF (Australian Noise Exposure Forecast) exceeds 25. While residential accommodation is permitted where the ANEF exceeds 20, subject to meeting the requirements of AS 2021-2000 Acoustics—Aircraft noise intrusion—Building siting and construction with respect to interior noise levels.
This intent of this clause is to ensure new developments in the vicinity of the Badgerys Creek airport (and Bankstown Airport) do not hinder the development or operation of the airport.
As explained on the DIRD’s webiste:
The ANEF (Australian Noise Exposure Forecast) System was developed through a major socio-acoustic survey carried out in the vicinity of a number of Australian airports in 1980. Based on the results of this work the system then in use in Australia—the NEF system—was modified to suit Australian conditions and became termed the ANEF system. The ANEF system incorporated a weighting for the period 7pm to 7am (as opposed to the 10pm to 7am period under the NEF system) as the study showed that this gave the best correlation between noise dose and community reaction. (Source: Department of Infrastructure and Regional Development)
2. Clause 7.24A was included in LLEP 2008 (Amendment 32), which was gazetted in April 2016. The purpose of Clause 7.24A was to place restrictions on the size and quantity of rural workers’ dwellings.
Clause 7.24A was introduced as a result of the NSW Department of Primary Industries’ Prime Fact Bulletin, released to assist local councils in determining how to provide for rural workers’ dwellings in LEPs.
It is proposed that Council consult with the NSW Department of Primary Industries as well as the DIRD if the recommendations of this report are adopted.
Difference between a Dwelling House and a Rural Worker’s Dwelling (LLEP 2008)
· dwelling house means a building containing only one dwelling; and
· rural worker’s dwelling means a building or place that is additional to a dwelling house on the same lot and that is used predominantly as a place of residence by persons employed, whether on a long-term or short-term basis, for the purpose of agriculture or a rural industry on that land.
Existing Dwellings (including Rural Workers’ Dwellings) on the site
There are currently 21 dwellings on the subject property. These consist of five (5) main dwellings and 16 rural workers’ dwellings. Council officers have located 14 approvals, dating back to 1964, for dwellings (including rural workers’ dwellings) on the subject site. Council officers have been unable to locate seven (7) consents or building certificates. This could be for the following reasons:
· Dwellings may have been built prior to 1963;
· The property files searched did not contain information prior to 1963; or
· Some files have not been able to be located.
Council has no evidence to conclude that the dwellings located on the site are unauthorised. It is clear the rural workers’ dwellings have been erected for a significant period of time based on a number of site visits carried out by Council staff.
The need to relocate or replace existing rural workers’ dwellings has arisen due to the acquisition of land by the Commonwealth Government for the future Western Sydney Airport. Figure 4 (below) shows the dwellings that are to be retained and dwellings that need to be relocated.
The draft Environmental Impact Statement for the Badgerys Creek Airport identifies a further allotment to be acquired for the airport (Lot 102 in Figure 4). As a result of these land acquisitions, LPC are likely to lose approximately seven rural workers’ dwellings (yellow, white, blue and red circles in Figure 4).
Attachment 2 also shows images of some of the rural workers’ dwellings that need to be replaced.
Figure 4 – Location of Dwellings to be removed or retained
Size of Property, Hypothetical Subdivision & Test of Rural Amenity
It is appropriate to consider the potential for subdivision of the subject properties. This will assist in determining whether the proposed number of dwellings and rural workers’ dwellings (25), is appropriate.
While this is not a definite test of rural amenity, it provides an approximate indication of whether the proposed maximum cap of 25 dwellings and rural workers’ dwellings could be an over-development of the site. LPC could hypothetically subdivide their property into 13 lots:
Size of Property: 530.1 hectares (approximately)
Hypothetical Subdivision: 530.1 ha ÷ 40 ha (current minimum lot size in RU1 zone) = 13.27 = 13 lots.
The number of lots would potentially accommodate a maximum of 26 dwellings in the form of a dwelling and a dual occupancy on each lot under LLEP 2008.
It is proposed that any new rural workers’ dwellings will be located and clustered outside of the noise affected area, i.e. outside of the light yellow contour of ANEF 20 and 25.(shown in Figure 5). It is recommended to cluster of the rural workers’ dwellings for the following reasons:
1. to ensure all new dwellings are located outside of the noise affected areas,
2. to ensure the effective ongoing use of the site as a dairy, and
3. to ensure rural amenity is not lost as a result of the clustering.
Figure 5 – Image illustrating the location of rural workers’ dwellings (blue triangle) outside of the ANEF contour
Justification for Planning Proposal
The LPC is a working dairy that directly employs over 100 people, milking over 2,000 cows and producing approximately 68,500 litres of milk per day. The dairy also rears calves born on nearby LPC properties. Given the scale and nature of the dairy business, LPC has stated they must accommodate the current workers onsite to ensure operational efficiencies are maintained for the overall management and economic viability of the farm. It is also stated in a publication (Prime Fact Bulletin) by NSW Department of Primary Industries that, in some cases for the management of large scale intensive livestock enterprises, additional onsite residences may be required.
On site workers dwellings are important to support the 24 hour operation of the farm to offer cost effective onsite residences as a strategy to recruit and retain farm workers.
To ensure LPC can continue as a sustainable farming operation, it is considered appropriate to consider a new clause in to the LEP (outlined below) which permits 21 dwellings on the site comprising five dwellings and 16 rural workers’ dwellings.
As stated previously in this report, LPC have requested permission for an additional four (4) rural workers’ dwellings to provide them with flexibility if the need arises in the future. Council supports the ongoing operation of this significant rural enterprise which provides local employment and contributes significantly to the local economy. It is considered appropriate to facilitate expansion of the business in the future by allowing potential for additional rural workers’ dwellings.
Accordingly, the request by LPC to allow the replacement of existing residences and future construction of four rural workers’ dwellings on the subject site is supported for the following reasons:
· It is consistent with the objectives of the RU1 Primary Production zone;
· It is consistent with the NSW Department of Primary Industries publication (Prime Fact Bulletin) on rural workers’ dwellings;
· The continuing use of the site as a dairy is an ideal use of its rural setting;
· All new dwellings are to be located outside of noise affected areas;
· Rural workers’ dwellings are necessary for the ongoing operation, management and economic viability of the dairy;
· It would help retain and attract employees for the dairy;
· The farm directly employs over 100 people; and
· It is consistent with Action 1.9.1 of A Plan for Growing Sydney by supporting the growth of a priority industry i.e. agriculture and Action 4.2.1 by minimising adverse economic impacts on existing primary industry and productive agriculture and protecting productive agricultural land.
This report recommends Council endorse in principle the Planning Proposal to amend the Liverpool Local Environmental Plan 2008, to allow with consent a maximum of 25 dwellings (dwellings and rural workers’ dwellings) on 1675 The Northern Road, Greendale and forward a copy of the Planning Proposal to the Department of Planning and Environment seeking Gateway Determination.
Risk of Precedent
Council officers are aware that additional dwellings (including rural workers’ dwellings) around the airport could potentially set an undesirable precedent considering that the area around Badgerys Creek has been protected from residential development through New South Wales (NSW) Government planning restrictions, since the 1990s.
However, it is considered that the situation is unique to the LPC farm because of the size of the site, the significance of the rural business, the nature of the rural operations and the loss of land and dwellings as a result of the government acquisition process.
Given the above justification, it is considered that allowing the relocation and potentially additional rural workers’ dwellings will ensure the long term sustainability of the dairy as a viable use in this location and that it will not create an undesirable precedent.
Recommended LEP Amendment
The intent of the amendment is to allow for the relocation of existing rural workers’ dwellings on the property and allow (with consent) no more than 25 dwellings total on the site (inclusive of the existing main residences).
Ultimately, this report seeks to gain in principle support from Council in making a Gateway submission to the Department of Planning and Environment to amend the LLEP 2008. As part of this amendment, a key sites map is recommended to be included to indicate where the rural workers’ dwellings can be constructed. The potential area where rural workers’ dwellings could be located is shown in Figure 5. It is proposed that the draft clause (below) be incorporated into LLEP 2008.
7. ## Use of certain land at Greendale in Zone RU1
1. The objectives of this clause are:
(i) to allow the provision of adequate accommodation for employees of agricultural or rural industries operating; and
(ii) to limit the number of dwellings to protect the rural amenity.
2. This clause applies to Lot 100 and 101 in DP 1171843, and Lot 11 DP 1092165 in Zone RU1 at The Northern Road, Greendale, known as the Leppington Pastoral Company.
3. The provision of clause 7.24A does not apply to the land referred in sub-clause (2).
4. A maximum of five (5) dwellings and sixteen (16) rural workers’ dwellings are permitted, with consent on land to which this clause applies.
5. Development for the purpose of rural workers’ dwellings is permitted with consent providing:
- the development will be on the same lot as an existing lawfully erected dwelling house, and
- the development will not impair the use of the land for agricultural or rural industries, and
- all new dwellings are to be located in accordance with the Key Sites Map, and
- the agricultural or rural industry being carried out on the land has a demonstrated economic capacity to support the ongoing employment of rural workers, and
- the development is necessary considering the nature of the agricultural or rural industry land use lawfully occurring on the land or as a result of the remote or isolated location of the land, and
- the gross floor area of the rural workers’ dwelling does not exceed 100 square metres; and
6. Despite subclause 4, an additional four (4) rural workers’ dwellings, are permitted, subject to consent, in accordance with subclause 5, if it can be proven that there has been significant investment and expansion in the operations of the dairy resulting in an increase in the number of rural workers employed on site and that the additional rural workers’ dwellings are necessary to support the expanded operation of the rural use.
It is proposed that the Planning Proposal as submitted, will be modified with the above clause, prior to seeking Gateway Determination from the Department of Planning and Environment, with delegation to the Acting CEO.
The Planning Proposal was referred to internal departments in September 2015. There were three referrals received in relation to Floodplain Management, Environmental Significant Land and Contamination.
Further supporting documentation will be required in relation to potential contamination. The applicant will be required to prepare a Stage 1- Preliminary Site Investigation for the area proposed for rural workers’ dwellings. These reports can be prepared subject to Council supporting the recommendation.
The need to relocate or replace existing rural workers’ dwellings has resulted from the acquisition of land, by the Commonwealth Government, for the future Western Sydney Airport. It is likely that LPC will need to relocate approximately seven rural workers’ dwellings.
To ensure LPC can continue as a sustainable farming operation:
· it is considered appropriate to allow them to relocate or replace their existing rural workers’ dwellings on their property;
· It is proposed to introduce a new clause in to the LEP (outlined above) to allow 21 dwellings comprising of five main dwellings and 16 rural workers’ dwellings on the property; and
· Allow a maximum of 25 dwellings subject to demonstration that the expansion of the rural enterprise requires additional rural workers’ dwellings.
It is proposed that Council resolves to prepare and exhibit the draft amendment to the Liverpool Local Environmental Plan 2008, and forwards a copy of the Planning Proposal to the Department of Planning and Environment seeking Gateway Determination.
It is considered that the amendment will support the continued operation of a significant and sustainable agriculture business use and protect at least 100 rural jobs.
Economic and Financial
There are no economic and financial considerations.
Environmental and Sustainability
There are no environmental and sustainability considerations.
Social and Cultural
There are no social and cultural considerations.
Civic Leadership and Governance
There are no civic leadership and governance considerations.
1. Leppington Pastoral Company Planning Proposal and Background InformationView
2. Images of Leppington Pastoral Company View