Attachment 1 Stage 3 Claymore Local Planning Panel Report 26 September 2018
Attachment 1 Stage 3 Claymore Local Planning Panel Report 26 September 2018
Attachment 1 Stage 3 Claymore Local Planning Panel Report 26 September 2018
Objective Strategy
4 Outcome Four: A Successful City 4.3 - Responsibly manage growth and
development, with respect for the
environment, heritage and character of our
city
Referral Criteria
The consent authority for the subject development application is the Campbelltown City
Council Local Planning Panel, due to the Council being partial land owner of the subject site
and the developer offering to enter into a planning agreement.
Executive Summary
• Stages 3A and 3B within the Claymore Urban Renewal Concept Plan extend from the
south-western portion of the Claymore Renewal Area to the north-east towards the
centre of the renewal site, covering approximately 8.9 hectares.
• The proposal is consistent with the terms and intent of the Claymore Urban Renewal
Concept Plan, and associated Claymore Urban Renewal Development Control
Guidelines.
Officer's Recommendation
That development application 1700/2017/DA-SW for the subdivision of land creating 113 Torrens title
residential allotments, one residue allotment and associated civil works in Stages 3A and 3B be
approved, subject to the recommended conditions of consent in attachment 1.
Purpose
The purpose of this report is to outline the proposed development and summarise the
assessment of the subject development application in accordance with the provisions of the
Environmental Planning and Assessment Act 1979.
The Campbelltown City Council Local Planning Panel is the consent authority for this
development application due to the Council being partial land owner of the subject site and
the developer offering to enter into a planning agreement.
Site History
The Claymore public housing estate is one of five public housing areas in Campbelltown built
in the 1970s and early 1980s. The housing estate was previously one of the largest public
housing estates in South Western Sydney, containing 1,123 public housing dwellings.
Significant parts of the Claymore public housing area utilised the Radburn urban design
principles, which are now considered unsuitable in a public housing context.
Redevelopment of the Claymore public housing estate is being undertaken by the NSW Land
and Housing Corporation in accordance with the Claymore Urban Renewal Concept Plan
(Concept Plan) granted by the Minister for Planning and Infrastructure on 24 May 2013. The
subject development application is identified as Stages 3A and 3B within the Concept Plan.
The redevelopment of the Claymore public housing estate is facilitated by the Concept Plan.
The Concept Plan increases dwelling numbers from 1,123 to approximately 1,490 dwellings,
including 100 seniors housing units. Further, the Concept Plan increases social mix within
the estate with 70 per cent of housing stock to be privately owned and 30 per cent to be
retained as public housing. The Concept Plan also includes the creation of a new Claymore
town centre and new and upgraded urban infrastructure such as pathways, lighting, open
space, community facilities, drainage and a new road network.
The Concept Plan was modified on 22 October 2013 to allow a planning agreement to be
provided prior to the lodgement of any development application for subdivision relating to
Stage 3 of the Concept Plan.
On 9 October 2014, the Sydney West Joint Regional Planning Panel approved Stages 1 and
2 of the Concept Plan (development application 1141/2014/DA-SW) which created 247
Torrens title residential allotments, two allotments for future medium density development,
four residue allotments and associated subdivision works including construction of new
roads, drainage, site regarding and retaining, utility services and landscaping. The Stages 1
and 2 subdivision works have been completed.
Claymore redevelopment area is an irregularly shaped 125 hectare site bound by Badgally
Road to the southwest, the Hume Highway to the southeast, and the western and northern
boundaries adjoin the existing Eagle Vale residential area. The site is approximately 2
kilometres north of Campbelltown CBD and is accessed from Badgally Road to the south,
Dobell to the south and west and Gould Road to the north.
The Concept Plan prescribes that Stages 3A and 3B are accessed from Rosslyn Drive via
Badgally Road. The subdivision is also connected to Dobell Road via Gidley Crescent and
Arkley Avenue. The location of Stages 3A and 3B proposal is shown below.
Figure 2: Location of Stages 3A and 3B within the Claymore public housing estate
Proposal
Stage 3 of the Concept Plan proposes subdivision and associated works within Stages 3A
and 3B. The following works are proposed:
• Subdivision to create 113 residential allotments and one residue allotment in two
stages, being Stages 3A and 3B. Stage 3A includes 64 residential allotments and
Stage 3B includes 49 residential allotments and one residue allotment.
• 21 proposed allotments are less than 300sqm and include building envelopment plans.
• The proposed residue allotment is located within Stage 3B and would be the subject of
a separate development application for the Claymore mixed use shopping centre.
• The removal of redundant services, sedimentation control and tree removal and civil
works associated with road grading and site benching is also proposed.
• Rosslyn Drive is proposed to be extended north from the same roundabout which
• Works are proposed outside the boundaries of Stages 3A and 3B to facilitate access to
the existing Claymore housing area.
Report
Campbelltown 2027 is the Community Strategic Plan for the city of Campbelltown. The
Strategic Plan addresses four key strategic outcomes that Council and other stakeholders
will work to achieve over the next ten years:
The continued redevelopment of the Concept Plan is anticipated to have positive social and
economic impacts for the immediate locality and the wider community due to the provision of
improved housing in a renewed urban environment. Accordingly, the key outcome most
relevant to the proposed development is Outcome 1: A vibrant, liveable city.
The application is consistent with the above strategic directions as the proposal would
continue to facilitate the redevelopment of Claymore public housing estate, which would
significantly improve the existing public infrastructure.
2. Planning Provisions
The development has been assessed in accordance with heads of consideration under
Section 4.15 of the Environmental Planning and Assessment Act 1979, and having regard to
those matters, the following issues have been identified for further consideration.
Pursuant to Clause 4.33 of the Environmental Planning and Assessment Act 1979, a consent
authority must not impose a condition on its consent to a Crown development application,
except with the approval of the applicant. The draft conditions of consent were provided to
Landcom and were amended accordingly.
The proposed development includes works to Council owned land that is classified as
community land under the Local Government Act 1993. To facilitate clear title over this land,
NSW Land and Housing Corporation issued a letter to Council, dated 2 March 2018,
requesting agreement to the compulsory acquisition of Council owned land in order to
facilitate the Concept Plan. Pursuant to Clause 22(1) of the Housing Act 2001, New South
Wales Land and Housing Corporation may acquire Council owned land by compulsory
process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 for
the purposes of residential development. This compulsory acquisition process has previously
been undertaken for Stages 1 and 2 of the Concept Plan.
In general terms, land is compulsorily acquired through publication of the acquisition in the
NSW Government Gazette, at which time ownership passes to the acquiring authority. In this
case, the ownership of the land would be passed from Campbelltown City Council to NSW
Land and Housing Corporation. As the acquisition process has not been finalised, a condition
of consent has been recommended for the notification of acquisition of land to be published
in the NSW Government Gazette prior to the commencement of any works on the land.
Pursuant to Part 3A of the Environmental Planning and Assessment Act 1979 (repealed), the
Concept Plan was approved by the Minister for Planning and Infrastructure on 24 May 2013.
1. a) A Masterplan for the long term urban Section 2.5 provides an assessment
rejuvenation of the estate involving: of the proposed development against
(i) The increase in dwellings from the approved Concept Plan.
1,123 to approximately 1,490
(ii) Retention of approximately 140
existing dwellings on separate lots
(iii) An increased social mix within the
estate of 70 per cent private and 30
per cent public housing
(iv) Creation of a new Claymore town
centre
(v) New or upgraded urban
infrastructure such as pathways,
lighting, open space, community
facilities, drainage and a series of
new interconnecting public roads.
1. b) Utilities and infrastructure delivery plan Consistent.
Accordingly, a condition of
development consent has been
recommended for the development
to be consistent with the Statement
of Commitments.
Part B - An amended Concept Plan Layout is to be The amended Concept Plan has
Modifications submitted to the Department of Planning been accepted by the Department of
to the Concept and Infrastructure that identifies the existing Planning and Infrastructure.
Plan Claymore shopping centre site land use as
mixed use.
1. Concept
Plan Layout
4. Traffic and All roads that form part of the final bus Noted.
transport route, identified within Appendix 6 of the
Preferred Project Report and Appendices,
prepared by BBC Consulting Planners
dated May 2012, shall be of least minor
collector road standard.
5. Traffic and No development (excluding new roads) The proposed development does not
transport shall be permitted to have direct access propose direct access from Badgally
onto Badgally Road. Road.
6. Special In recognition of the strong community The proposed development does not
Uses desire for the continuation of the Baptist impact the continuation of the Baptist
Church and the Guardian Angles Child Church or the Guardian Angles Child
Care Centre, the concept plan is to either Care Centre.
show these uses, or the functions and
services they provide, continuing at their
current locations or at suitable alternative
sites identified within the Claymore renewal
project site.
1. General The proponent shall ensure that any future Required details provided with the
Requirements applications shall include: subject development application
a) a detailed description of the layout and documentation.
design of the proposed development, and
b) a demonstration that the project is
consistent with the requirements of this
approval.
2. Built Form Each subsequent subdivision application is Section 2.4 provides an assessment
and Urban to demonstrate consistency with Claymore of the proposed development against
Design Urban Renewal Development Control the Claymore Urban Renewal
Guidelines. Development Control Guidelines.
4. Built Form Any future development application for the An acoustic report prepared by
and Urban creation of residential allotments or seniors Renzo Tonin and Associates, dated
Design living development fronting Badgally Road 26 May 2017, was provided with the
must refer to the document entitled development application.
Environmental Criteria for Road Noise to
enable Council to properly consider The report concluded that the
potential impacts on that residential residential subdivision would not be
development that may arise from the affected by noise emanating from
developments proximity to potential road Badgally Road due to the setback of
noise and to determine if there are any the proposed residential allotments.
particular conditions of consent that should
be imposed upon that development.
5. Built Form To ensure that the natural character of The Badgally Road vegetation buffer
and Urban Badgally Road streetscape is retained and would be the subject of future
Design integrated into the Claymore urban renewal development applications.
project, the Badgally Road vegetation
buffer is to be planted in accordance with
the Entry Road and Hill Tops planting
schedule within the Claymore Urban
Renewal - Urban and Landscape Master
Plan, prepared by AECOM, dated 12 May
2012, in development applications lodged
involving landscaping along the Badgally
Road streetscape.
6. Traffic Any future development application for the The Claymore mixed use retail
Transport proposed new retail centre (currently shown centre would be the subject of a
as Stage 3A) must be supported by a separate development application.
detailed Traffic and transport Study.
7. Prior to the lodgement of any development Council has received a letter of offer,
Development application for subdivision relating to Stage dated 19 January 2018, from NSW
contributions 3, a planning agreement to provide roads, Land and Housing Corporation to
social and community infrastructure, enter into a Voluntary Planning
drainage and open space facilities and Agreement (VPA).
amenities, with details of the contributions,
and the nature of any land dedications or The terms of the VPA and
works in kind, is to be negotiated and associated Infrastructure Services
executed with Campbelltown City Council Delivery Plan (ISDP) are currently
and must be consistent with the under consideration.
proponent's Statement of Commitments.
A condition of consent has been
Each development application for recommended for the VPA to be
subdivision for each of the stages must be executed prior to the issue of a
consistent with the Statement of subdivision certificate.
Commitments or an executed planning
agreement and identify how any relevant
contributions of works in kind required for
that stage will be delivered.
9. Vegetation The draft Vegetation Management plan is The Vegetation Management Plan,
Management to be finalised and approved by prepared by Cumberland Ecology,
Campbelltown City Council prior to dated September 2014, was
determination of development applications approved by Council on 9 October
of stages to which these works relate under 2014.
the approved concept plan.
10. Heritage Consistent with the Statement of Stage 3 would not impact areas of
Commitments made by the proponent, prior potential heritage impact.
to the determination of development
applications of stages to which these works
relate under the approved concept plan, the
proponent must demonstrate that the
recommendations of the Aboriginal Cultural
Heritage Assessment have been finalised.
11. Heritage Any future development application for The proposed development is not
development under the concept plan on considered to impact either Glenroy
land immediately adjoining Glenroy and or Hillcrest.
Hillcrest shall demonstrate compliance with
the recommendations of the View Corridor
and Visual Curtilage Study of Glenroy and
Hillcrest attached to the Preferred Project
Report.
12. Site filling Any future applications are to provide The proposed development is
and disposal details of the nature and extent of any cut considered satisfactory in terms of
and fill that is required to be undertaken. the extent of cut and fill required in
Compliance with the relevant order to facilitate the Concept Plan.
Campbelltown City Council's requirements
(as relevant to cut and fill) should also be
demonstrated.
13. Utilities The provision of utilities and services are to An Infrastructure Servicing
be carried out generally in accordance with Statement, prepared by SMEC,
the Infrastructure Servicing Report dated 9 May 2017, was submitted
prepared by Mott McDonald Hughes with the development application.
Truman (dated June 2011). Each future The statement concluded that the
application for residential subdivision and proposal is consistent with the
commercial/retail development shall Concept Plan and the associated
demonstrate consistency with the Infrastructure Servicing Report.
Infrastructure Servicing Report.
14. Prior to any future application for Interim Contaminated Land Advice
Contamination subdivision and if required by the Phase 1 for Site Audit 244C By Dr Ian Swane,
Contamination Assessment approved with Stage 3 Claymore Urban Renewal
the concept plan, a detailed Phase 2 Project NSW (10 pages), dated 26
15. Flooding Any future application for subdivision are to A Stormwater Management
demonstrate compliance with the flood Statement, prepared by SMEC,
management measures outlined in the Part dated 9 May 2017, was submitted
3A Concept Plan, Water Cycle with the development application.
Management Study and Flooding Analysis The statement states that Stage 3 is
prepared by Mott McDonald Hughes at the top of the existing catchment
Truman, attached to the Preferred Project and would not have an adverse
Report. impact on the existing downstream
stormwater system.
16. Water Any future applications for subdivision are A Stormwater Management
Quality and to provide details on the proposed water Statement, prepared by SMEC,
Riparian sensitive urban design infrastructure, to the dated 9 May 2017, was submitted
Corridors satisfaction of the consent authority. with the development application.
The statement concluded that Stage
3 has no proposed Water Sensitive
Urban Design requirements.
17. d) Future Demonstrate that habitable floor levels are Stage 3 is located at the top of the
Development located above the 100 year ARI flood level existing catchment and is above the
plus 500mm freeboard, and that 100 year ARI flood level inclusive of
appropriate flood evacuation can be 500mm freeboard and is in
provided for accordance with the Water Cycle
dwellings located below the probable Management Study prepared by Mott
maximum flood level MacDonald Hughes and Truman.
17. f) Future Demonstrate compliance with the Planning The subject site is not mapped as
Development for Bushfire Protection 2006 bush fire prone lands.
17. g) Future Demonstrate that ESD measures have Residential development does not
Development been incorporated into the design of the form part of the proposed
buildings to reduce water and energy development. Residential
consumption in accordance with State development would be the subject of
Environmental Planning Policy (Building future development applications.
Sustainability Index: BASIX) 2004
18. Future In addition to the requirements of 17.e) The development application is not
Development above, any future development applications within Stage 2 of the Concept Plan.
for subdivision for future residential
purposes within Stage 2 that may be
affected by noise emanating from the Hume
Highway (M5) shall be accompanied by
noise assessments demonstrating
satisfactory environmental and residential
amenity is achieved.
It is considered that the proposed development is generally consistent with the terms of the
Concept Plan.
The terms of the Concept Plan require all subdivision applications to demonstrate
consistency with the Claymore Urban Renewal Development Control Guidelines (DCG). The
DCG apply to all land within the Claymore Urban Renewal area.
The DCG were prepared to guide the design of subdivision and construction of housing in
the Claymore Urban Renewal area. The provisions of the DCG are site-specific and reflect
the planning and design objectives of the Concept Plan.
• Ensure the development occurs generally in accordance with the Claymore Urban
Renewal Project Concept Plan
• Ensure that the principles of ecological sustainability are incorporated into the design,
construction and ongoing operation of development.
The proposed development is consistent with the above aims of the DCG.
The objectives of the subdivision guidelines within the DCG are as follows:
• Provide a range of lot sizes with the more intensive development located closer to the
town centre, around parks and along bus routes
• Create efficient layouts that respond to existing site conditions and context
• Ensure that subdivision provides safe connections with an extension of existing street
patterns, as well as any pedestrian, cycleway and public open space networks
• Promote walking and cycling as the primary mode of travel within a residential
neighbourhood
• Provide a network of bus, pedestrian and cycle routes within the public domain which
connect open space areas and community facilities and encourage alternative modes
of transport.
The proposed development satisfies the above objectives as a range of allotment sizes are
proposed ranging between 260sqm and 613sqm. The allotments would be capable for
accommodating a range of affordable housing types, efficiently responding to the existing
site conditions. Further, the proposal provides safe connections to the existing pedestrian
and vehicular access constructed in Stages 1 and 2.
2. Subdivision Guidelines
5. Allotment Width Any allotments with a width to All proposed allotments Yes
the street frontage of less than 9 have at least one street
metres is to have the garage frontage greater than 9m.
located to the rear of the
property accessed from a rear
lane or access way.
For proposed allotments less than 300sqm, building envelope plans are proposed which
prescribe the maximum permissible building envelopes in accordance with the Claymore
Urban Renewal Development Control Guidelines (DCG).
An assessment of the proposed building envelope plans for allotments less than 300sqm is
provided in accordance with Part 3 Dwelling Controls of the DCG:
3. Dwelling Controls
3.1Dwelling Guidelines
9. Garage Rear access garage (6 metre Rear access garages not Yes
dominance max door width) or single proposed.
garage only to primary street
The proposed building envelope plans for allotments less than 300sqm comply with the
dwelling control contained within the DCG.
The Claymore Urban Renewal Concept Plan (Concept Plan) includes a Masterplan for the
long term urban rejuvenation of the Claymore public housing estate. Stages 3A and 3B are
located between Badgally Road to the south west, the new entry road to the south east,
Dobell Road to the north and Eagle Vale residential area to the west.
The location of proposed Stage 3A and 3B does not reflect the location and configuration of
Stage 3A and 3B of the Concept Plan. However, planning advice, prepared by BBC
Consulting Planners, was submitted with the development application to specifically address
the consistency of the development application with the Concept Plan.
The advice details that Condition 2 of Schedule 3 of the Concept Plan states the proponent
shall carry out the concept plan generally in accordance with:
Further, Condition 5 of Schedule 3 of the Concept Plan states that the determination of future
applications for development on the site is to be generally consistent with the terms of the
approval.
The planning advice submits that the Stage 3A and 3B location has been revised due to
further detailed road design. Specifically, the advice states:
The proposed street pattern in the Stage 3 DA and the revised concept plan has evolved
from the application of the key design principles and concepts incorporated into the
approved Concept Plan. Adjustments have been made to result in an improved street
layout with a higher percentage of new streets replacing some existing streets that were to
be retained. This results in a more efficient street pattern and lot layout, reduces the
potential for battle axe lots and creates a street system more related to the topography of
the site. Existing streets are retained where practical and replaced where a better urban
structure and form result. The approved Concept Plan and the DCG seek to make use of
existing streets where practical and desirable and proposes new streets that respond to
local conditions such as topography. Further design development has found retention of
some existing streets not practical or desirable with new streets proposed that respond to
local conditions.
The advice further details that the proposed development retains the essential features of the
Concept Plan including:
• The entry roads and main circulation roads remain generally the same
• There is improve vehicular and public transport access within Claymore and to
adjoining areas
• The location of the town centre and its relationship to the road network remains the
same.
Overall, it is considered that the proposed location of Stage 3A and 3B and the revised road
layout does not inhibit the delivery of the Concept Plan and is considered to be generally
consistent with the terms of the Concept Plan.
Schedule 4 of the Concept Plan lists the following condition in relation to development
contributions:
Prior to the determination of any development application for subdivision and consistent
with the proponent's Statement of Commitments, a voluntary planning agreement (VPA) to
provide roads, social and community infrastructure, drainage and open space facilities
and amenities, with details of the contributions, and the nature of any dedications or works
in kind, is to be negotiated and executed with Campbelltown City Council.
The Concept Plan was modified on 22 October 2013 to allow a planning agreement to be
provided prior to the lodgement of any development application for subdivision relating to
Stage 3 of the Concept Plan:
Prior to the lodgement of any development application for subdivision relating to Stage 3,
a planning agreement to provide roads, social and community infrastructure, drainage and
open space facilities and amenities, with details of the contributions, and the nature of any
land dedications or works in kind, is to be negotiated and executed with Campbelltown
City Council and must be consistent with the proponent's Statement of Commitments.
Each development application for subdivision for each of the stages must be consistent
with the Statement of Commitments or an executed planning agreement and identify how
any relevant contributions of works in kind required for that stage will be delivered.
Pursuant to Section 93F of the Environmental Planning and Assessment Act 1979, Council
has received a letter of offer, dated 19 January 2018, from NSW Land and Housing
Corporation to enter into a Voluntary Planning Agreement (VPA).
The terms of the VPA and associated Infrastructure Services Delivery Plan (ISDP) are
currently under consideration. A condition of consent has been recommended for the VPA to
be executed prior to the issue of a subdivision certificate.
State Environmental Planning Policy 55 provides a state wide planning framework for the
remediation of contaminated land. In particularly, the policy aims to promote the remediation
of contaminated land in order to reduce the risk of harm to human health or any other aspect
of the environment.
The Concept Plan states that prior to any future application for subdivision, and if required by
the Phase 1 Contamination Assessment approved with the concept plan, a detailed Phase 2
contamination assessment must be carried out in accordance with the requirements of SEPP
55.
Interim Contaminated Land Advice, prepared by Dr. Ian Swane, dated 26 May 2017, was
provided with the development application. The purpose of the advice was to review
contamination assessments available for the 8.873 ha Stage 3 area and to provide
recommendations regarding additional environmental assessments that may be required
following the granting of a development consent for subdivision.
The following reports were considered in the preparation of the interim advice:
The interim advice detailed that the Geotechnique reports were sufficient to conclude that the
Stage 3 development site can be made suitable for residential purposes and that the
remediation/validation work can be undertaken in a practical manner. No evidence of
contamination in the Stage 3 area exceeded criteria appropriate for Residential A land use.
The interim advice states that a Detailed Site Inspection (DSI) and a Remedial Action Plan
(RAP) should be prepared to investigate the following:
• Test pits that target any infilled creek lines and farm dams in the Stage 3 area
• Test pits that target major buried services in the Stage 3 area, such as the deeply
buried concrete pipeline encountered by the Geotechnique 2011 PSI at test pit TP28
• The collection of more detailed and up-to-date data on the presence of physical
evidence of soil contamination at the ground surface. This should involve a grid-based
walkover survey being undertaken across the Stage 3 area in accordance with
protocols specified in Section 11.2.2 of the NEPM (2013) Schedule B2 guideline
• The collection and testing of samples from any fly-tipped stockpiled waste or ground
surface soils where physical evidence of suspect contamination is identified by the
walkover survey
• The collection and testing of shallow soil samples collected adjacent to building
foundations to check for contamination from pesticide spraying of house foundations;
and
The results of the DSI for the Stage 3 area should be presented in a report meeting NSW
EPA guidelines. The data to be provided in the report should include, but not be limited to:
• The field data collected by the grid-based walkover survey and a data assessment.
The field data should include, but not be limited to, copies of field records, photos,
coordinates of areas of concern
The development site is located within the Georges River Catchment, therefore the
provisions of the Greater Metropolitan Regional Environmental Plan No. 2 - Georges River
Catchment applies to the subject application.
a) to maintain and improve the water quality and river flows of the Georges River and its
tributaries and ensure that development is managed in a manner that is in keeping with
the national, State, regional and local significance of the Catchment
b) to protect and enhance the environmental quality of the Catchment for the benefit of all
users through the management and use of the resources in the Catchment in an
ecologically sustainable manner
c) to ensure consistency with local environmental plans and also in the delivery of the
principles of ecologically sustainable development in the assessment of development
within the Catchment where there is potential to impact adversely on groundwater and
on the water quality and river flows within the Georges River or its tributaries
e) (Repealed)
f) to provide a mechanism that assists in achieving the water quality objectives and river
flow objectives agreed under the Water Reform Package.
The proposal does not conflict with any of the relevant provisions of the Greater Metropolitan
Regional Environmental Plan No. 2 - Georges River Catchment and is considered
acceptable In this regard.
The subject site is zoned R2 Low Density Residential and B2 Local Centre under the
provisions of Campbelltown Local Environmental Plan 2015. The proposed development is
permitted with consent under the provisions of Clause 2.6 of CLEP 2015.
• To provide for the housing needs of the community within a low density residential
environment
• To enable other land uses that provide facilities or services to meet the day to day
needs of residents
• To enable development for purposes other than residential only if that development is
compatible with the character of the living area and is of a domestic scale
• To minimise overshadowing and ensure a desired level of solar access to all properties
• To provide a range of retail, business, entertainment and community uses that serve
the needs of people who live in, work in and visit the local area.
• To provide for appropriate residential development in the form of shop top housing to
support the vitality of the local area.
The B2 Local Centre zone area is within the proposed residue allotment which would be the
subject of a separate development application for the Claymore town centre. The proposed
allotment configuration does not constrain development opportunities for future mixed use
development of the site.
Clause 2.6 of CLEP states that land to which CLEP 2015 applies may be subdivided, but
only with development consent. Torrens title subdivision is sought as part of the
development application.
Clause 4.1(3) states that the size of any lot resulting from subdivision of land must not be
less than the minimum shown on the Lot Size Map. The Lot Size Map identifies a minimum
lot size of 500sqm for the area zoned R2 Low Density Residential. The part of the site
zoned B2 Local Centre is not subject to a minimum lot size on the Lot Size Map.
The proposed minimum allotment size is inconsistent with the minimum allotment size
specified by CLEP 2015. However, the proposed allotment sizes are consistent with the
minimum allotment sizes in the Concept Approval.
2.8.1 a) Cut and Fill A Cut and Fill Management The proposed cut and fill Yes
Plan (CFMP) shall be levels are considered
submitted with a satisfactory.
development application
where the development
incorporates cut and/or fill
operations.
2.12 a) Any retaining wall that is Retaining walls form party Recommended
not complying or exempt of the proposed condition of consent
development as specified in development. that all retaining
the E&CDC shall be walls to be designed
designed by a suitably by a suitably
qualified person.
qualified person.
The proposed development satisfies the relevant requirements of Part 2 of DCP 2015.
2.11 Draft Volume 2 Campbelltown (Sustainable City) Development Control Plan 2015
At the time of lodgement, Part 9 of DCP 2015 was in draft. The purpose of Part 9 of DCP
2015 is to implement the intention of the Concept Plan granted by the Minister for Planning
for the urban renewal of Claymore and Aids Bradbury. An assessment against draft Part 9 is
not considered necessary as this report has provided a detailed assessment against the
Concept Plan, which is the basis of Part 9.
3. Planning Assessment
Section 4.15(1)(b) of the Environmental Planning and Assessment Act 1979 requires Council
to assess the development's potential impacts on the natural and built environment.
The key matters for considerations when considering the development's potential impact on
the natural and built environment are as follows:
• Traffic impacts
• Stormwater impacts
• Noise impacts
• Landscaping
• Vegetation management
• Construction impacts
Traffic Impacts
A Traffic Impact Statement, prepared by SCT Consulting, dated 26 May 2017, was submitted
with the development application. The statement provides an assessment of the specific
impacts associated with the proposed development. The statement concludes that the
proposal is generally in accordance with the Concept Plan in relation to the development
yield and street network and would not give rise to adverse impacts on the function of the
local or regional road network.
Council's Technical Services section reviewed the proposed road layout. The following
response has been recommended as a condition of development consent:
• The temporary road connections are required to achieve Austroads Design Guidelines.
• A permanent cul-de-sac is required at the South end of proposed Road 01. The civil
plans need to be amended in this regard prior to the determination of the DA.
• A road safety audit is to be undertaken for the design of all new roadworks. The audit
report needs to be submitted to Council prior to issue of a construction certificate.
Stormwater Impacts
Noise Assessment
An acoustic report prepared by Renzo Tonin and Associates, dated 26 May 2017, was
provided with the development application in response to Condition No. 4 and No. 17 a) of
the Concept Plan relating to traffic noise from residential allotments facing Badgally Road
and construction noise impacting residential properties directly adjoining the north western
boundary of Stage 3B.
The report concluded that the residential subdivision would not be affected by noise
emanating from Badgally Road or the Hume Highway due to the setback of the proposed
residential allotments from the road noise source. Further, the report detailed noise and
vibration management measures to control noise impacts. The management measures have
been recommended as a condition of development consent.
Landscaping
The proposed landscape and street tree planting schedule were referred to Council's Open
Space Coordinator and Council's Technical Services section for review and comment. The
responses have been recommended as a condition of development consent.
Vegetation Management
Condition No. 9 of the Concept Plan requires the Vegetation Management Plan (VMP) to be
finalised and approved by Campbelltown City Council prior to determination of development
application of stages to which the management works relate under the Concept Plan. It is
advised that the VMP, prepared by Cumberland Ecology, dated September 2014, was
approved by Council on 9 October 2014 and forms part of the Concept Plan. Accordingly,
compliance with the VMP has been recommended as a condition of development consent.
Construction Impacts
The applicant has advised that a Construction Management Plan (CMP) would be prepared
for the Stage 3 prior to construction commencing to mitigate any potential impacts on the
amenity of nearby existing dwellings and existing land uses within the locality. A condition of
development consent has been recommended for a CMP to be prepared prior to the
commencement of any works.
Section 4.15(1)(b) of the Environmental Planning and Assessment Act 1979 requires the
consent authority to assess the likely impacts of the development, including social and
economic impacts on the locality.
The Concept Plan facilitates the construction of over 1,300 dwellings and the retention of
approximately 140 social housing cottages and privately owned dwellings.
Having regard to the social and economic impacts generated by the development, the
continued redevelopment of the Claymore Housing Estate is anticipated to have positive
social and economic impacts for the immediate locality and the wider community due to the
provision of improved housing in a renewed urban environment.
Section 4.15(1)(c) of the Environmental Planning and Assessment Act 1979 requires the
consent authority to assess the suitability of the site for the proposed development.
The key matter for considering the suitability of the site for the proposed development is
whether the proposal is with consistent with the Concept Plan. This report has detailed that
the proposed development is generally consistent with the terms of the Concept Plan. The
site is therefore considered suitable for the proposed development.
4. Public Participation
Section 4.15(1)(d) of the Environmental Planning and Assessment Act 1979 requires the
consent authority to consider any submissions received as a result of the public notification
of the development application. The application was notified to nearby and adjoining
properties and placed on public exhibition between 4 August 2017 and 18 August 2017. No
submissions of objection were received.
5. Conclusion
Stage 3 of the Claymore Urban Renewal Concept Plan proposes subdivision to create 113
residential Torrens title allotments, one residue lot and associated civil works in Stages 3A
and 3B within the Claymore public housing estate. The proposed development is generally
consistent with the terms of the Claymore Urban Renewal Concept Plan.
The continued redevelopment of the Claymore public housing estate is anticipated to have
positive social and economic impacts for the immediate locality and the wider community due
to the provision of improved housing in a renewed urban environment.
Overall, having regard to the matters for consideration under Section 4.15 of the
Environmental Planning and Assessment Act 1979, and the relevant matters discussed
within this report, it is considered that the development be approved, subject to the
recommended conditions of consent in attachment 1.
Attachments
1. Recommended Conditions (contained within this report)
2. Subdivision and Civil Works Plans (contained within this report)
3. Landscape Plans (contained within this report)
4. Building Envelope Plans (contained within this report)
5. Notification Plan (contained within this report)
Reporting Officer
Executive Manager Urban Release and Engagement