AIM
WHY "TREASURE OUR LIFESTYLE"?
OBJECTIVESUrban planningDISCUSSION & STRATEGIES
Transport
Protection of bushland and waterways
Economic development
RESIDENTIAL STRATEGIES
LOCAL ENVIRONMENT PLANObjectives of the LEPAIM
Objections from neighbours
Precedent is no longer justification for non-compliance
Good building design
Accountability in the approval process
Non-urban Land Study (NULS)
Flora and fauna (Section 3)
Catchment Conservation (Section 3)
Visual Catchments (Section 5)
Bushfire Hazard (Section 7)
Rewarding Environmental Performance (Section 13)
Development of privately owned landThe aim of the Party is the election to Council of candidates who will protect and enhance the lifestyles and environment of the district.
The residents of Warringah enjoy a unique and precious lifestyle. Where else in the world can people live and work close to a such a beautiful combination of beaches, waterways and bushland? We should treasure this opportunity and pass it on to future generations.
For too long our lifestyle has been eroded by uncaring, inappropriate development. The needs and aspirations of residents and businesses within Warringah can be met in ways that will benefit the community as a whole while protecting the environment.
TransportBalanced, sustainable development Planning decisions driven by the needs of the community Ensuring that the community benefits of the new LEP are realised and that the rules are adhered to. Protection of bushland and waterwaysBetter public transport. More park and ride facilities and other incentives to take pressure off the peak-hours road system. Improved main roads to take pressure off residential streets Economic developmentImplementing a total catchment management approach to planning so that the cumulative and long-term effects of development are taken into account. Give priority to protecting remaining bushland, beach and headland areas, including incentives for preserving undeveloped land in private ownership. Better sewerage and drainage DISCUSSION & STRATEGIESFoster and support local businesses Encourage major corporations/government departments to establish teleworking intiatives, such as working from home or working from local, shared offices. Encourage eco-tourisim initatives Given the strain on roads, services and the environment the ideal situation would be no further population increase in Warringah. This is not, however, a realistic approach. There is pressure throughout the Sydney metropolitan area for additional housing and Warringah is expected, by the State Government and by the rest of Sydney, to take its share. We must ensure that any increase is controlled in a manner that minimises adverse impacts on the community and the environment.
It is noted that the State Government sets dwelling targets in its residential strategy rather than targets for increased population. There is a trend to fewer occupants per dwelling so the increase in population need not match the increase in the number of dwellings.
Warringah should present a strong case to the State Government for a minimal increase in its population over the next 20 years.
In order to meet State Government dwelling targets the choices for Warringah are the development of remaining bushland or increased dwellings in existing developed areas.
As well as being a great natural asset in its own right, the retention of Warringah's bushland is very important for the health of the waterways such as the coastal lagoons and Manly Dam. This issue is covered under "Non-Urban Land Study"
Protection of remaining bushland areas should receive priority in any residential strategy for Warringah.
Options for increased dwellings in existing developed areas are:
Any proposed major redevelopment (for example, the number of dwellings increases by more than 10) must be subject to a careful study which analyses the effects on traffic, public transport, services, nearby residents, local businesses and the environment. Such studies must involve thorough consultation with residents, local businesses and appropriate experts.Redevelopment of some run-down industrial areas. This would need careful study to ensure that small businesses are not adversely affected. Additional dwellings in some of the higher density residential areas, such as Dee Why, Harbord and Manly Vale. The concerns of residents in these areas need to be addressed. Additional dwellings in the suburbs. The notorious dual occupancy ("duplex") policy of the State Government led to destruction of the character of the surburbs through uncontrolled, unsympathetic development. Any future development along these lines needs much better control. Additional dwelling around suburban shopping centres. There might be potential for additional dwellings above and beside some suburban shopping centres. Despite such studies it is inevitable that developments will have an adverse effect on the lifestyles and amenity of the local community. This is particularly frustrating when just a few parties are seen to profit from the development. It is therefore important that ways of compensating the community are included in plans for major redevelopments. This might include ways of sharing the proceeds amongst local land owners (for example the use of transferrable development rights) or through improved community facilities such as parks, village plazas, community halls and improved roads and parking.
Warringah's new Local Environment Plan (LEP) contains the rules for future development within Warringah. It includes unprecedented controls on building design to minimise impacts on neighbours, the community and the environment. It is not perfect but it is considered by many to be a major improvement on previous planning documents within Australia.
The LEP, however, is only one step in the process of ensuring that a development is appropriate for Warringah. The LEP's objectives (see below) can only be realised if the requirements of the LEP are followed.
It is therefore essential that Guidelines be developed for assisting Councillors and Council staff when making decisions about non-complying development applications.
Objectives were developed in the early stages of preparing the draft LEP but were later deleted from the final document on legal advice. These objectives include: protecting the natural environment, achieving the desired character of the places that make up Warringah, encouraging good building design while providing a variety of housing choices, reducing the community's dependence of private motor vehicles, encouraging employment generating developments, revitalising retail/commercial centres, conserving the natural and built heritage and providing community, recreational and cultural facilities.
These objectives should be taken into consideration whenever a departure from the requirements of the LEP is being considered
A lack of objections to a non-complying development application is not a good reason for Council to approve that development. In most cases only immediate neighbours are notified of a development. They will have to live next door to the applicant and unless they have very serious concerns about the proposal they are not likely to object. Cases have arisen where, after talking to Council staff, neighbours were under the impression that, because an application did not comply with requirements they would be rejected and so there was no need to lodge an objection.
A lack of objections might therefore indicate that people are trying to be "neighbourly". Paradoxically, it is the applicant who is being "unneighbourly" by lodging a non-complying application and expecting his or her neighbours to not object. In the case of major developments neighbours may feel intimidated "taking on" a large developer.
A lack of objection from immediate neighbours should not be used as a reason for approving a non-complying development.
Precedent is no longer justification for non-compliance
The major innovation of the new LEP is the inclusion of Statements of Desired Future Character (SDFC). Amongst other things, these are intended to ensure that, over the decades, the cumulative effect of new developments leads to a particular character in an area.
When considering a non-complying development application Council is making decisions about the future character of the area. While immediate neighbours might not object to a non-complying development proposal the cumulative effect of several non-complying developments over the years will change the character of a street or precinct.
In particular, it is no longer acceptable to justify a non-complying development on the basis of precedent. In effect the community, via the LEP, has said "We don't want more of the same - if you want to build in this area then these are the rules you must meet".
Unfortunately many cases of non-compliance appear to arise from poor design. A little more thought at the concept stage and the non-compliance could be avoided altogether. The problem seems to manifest itself when a "project home" intended for a large flat block is shoe-horned into a small, sloping block typical of Warringah. One of the aims of the new LEP is to encourage more thought about good building design.
"Hardship" (generally unwillingness to invest in some custom design work) and inability of a package project home to comply with LEP requirements should not be used as a reason for approving a non-complying development.
Accountability in the approval process
It is recognised that the new LEP requires some flexibility in the application of the "rules" and that Council staff and Councillors have some discretion in approving applications. The LEP allows such a non-complying development "provided it is consistent with the General Principles of Development Control and the Desired Future Character of the Locality". The intention is that there is some give and take in the process - there should be some long-term benefit for the community arising from the approval of a non-complying development.
Justification for non-complying developments must be recorded in Council records.
The voting by Councillors on non-complying developments must be recorded, along with any reasons stated by Councillors.
A public record should be maintained of all development application decisions by Council. This should indicate the category of the decision: complying and approved, complies but not approved, non-complying but approved and non-complying and refused.
Warrinagh's Non-Urban Land Study is very important for ensuring that the remaining natural areas of Warringah are protected. Consultants were engaged by Council to prepare a draft report and public comment was sought late in 1998. There are several concerns about that report, as detailed below. It is also of concern that several highly experienced Council staff have resigned over the past year and the loss of expertise could affect the project.
The flora and fauna surveys are considered to be too general. The ecosystems in this area tend to be quite localised and can easily be missed in a broad survey such as that apparently performed for the NULS. For example numerous species of rare flora are located near the ridgetops throughout Warringah but this does not appear to be acknowledged in the draft report.
The NULS report should make specific recommendations for the protection of key areas. Mechanisms such as the creation of nature reserves and extensions to Garigal National Park should be considered.
Catchment Conservation (Section 3)
Undisturbed bushland in the headwaters of creeks are very rare and the few remaining areas need to be preserved to protect the water quality of the creeks feeding into the coastal lagoons and Manly Dam. These areas form the start of the food chain for the Lagoon - microbiological species which thrive in these headwaters are a source of food for invertebrates further downstream and these, in turn, are important for the health of the Lagoon and its fish. Undisturbed stream headwaters should be added to the list of "areas considered of particular value in the preservation of catchment values" (only creek banks are currently in this list).
Throughout the Study area, numerous rock outcrops on ridgetops do not appear to have been recognised as being visually significant but they are located in positions where any development would be visually offensive.
The new LEP recognises the importance of natural rock outcrops and this should be reflected in the NULS report.
Any major development (ie sub-division) should include bushfire buffer zones within the development site and should not rely on the clearing of adjacent crown land for this purpose.
Rewarding Environmental Performance (Section 13)
Land owners who preserve natural areas of a site should be rewarded through rate rebates or similar schemes. Also greater emphasis should be given to the use of Section 94 contributions to purchase and maintain sensitive, natural areas.
Similarly, the report needs to address the issue of bushland areas for which the Council is (or should be) responsible. Council should have a active program for acquiring and maintaining bushland.
As other areas around Australia and the world become environmentally degraded due to inappropriate development the natural assets of Warringah will become increasingly significant and could support a viable tourist industry. Picnic areas, interpretive trails and similar attractions should be provided. These would generate some income for maintenance and acquisition of these assets (a "reward" for Council environmental performance!).
Development of privately owned land
Subject to the concerns expressed above, some areas of private land are likely to be identified as suitable for some development. Any plans for redevelopment of non-urban must be subject to careful studies which analyses the effects on traffic, public transport, services, nearby residents, local businesses and the environment. Such studies must involve thorough consultation with residents, local businesses and appropriate experts.
Schemes that minimise environmental impact and preserve tracts of bushland should be encouraged. In addition, it is very important that cumulative effects, including the health of the water catchment, are considered. Wherever possible, tracts of bushland should be consolidated and protected and wildlife corridors should be provided.