27 February 2007 - Ordinary Meeting of Council (pdf. 14MB)

Ordinary Meeting of Council - 27 February 2007 8 / 2
Item 8
S05706
20 February 2007
PURPOSE OF REPORT
To consider the finalisation of Draft Local Environmental Plan No 211 following completion of the
statutory public exhibition.
BACKGROUND
A rezoning application was submitted to Council by the National Parks and Wildlife Service to
broaden the permitted uses of the Open Space 6(a) zone. This was to address the limitations
imposed by the restrictive provisions of the 6(a) zone in relation to the operation of National Parks.
The land use table to the 6(a) zone is biased towards Council operated open space facilities and
does not reflect National Park uses.
Council on 12 September 2006 resolved that Draft Local Environmental Plan No 211 (DLEP211)
be prepared. It provided for amendment to the 6(a) zone to permit development for the range of
activities provided for by the National Parks and Wildlife Act 1974. It applies only to National
Park land.
COMMENTS
Council notified the Department of Planning of its resolution to prepare DLEP211. The
Department granted Council authorisation to prepare, exhibit and ultimately submit the Plan and
prepare the Section 69 report, to the Minister. Council has so far prepared the Plan, after
undertaking Section 62 consultation and completed exhibition of the DLEP.
CONSULTATION
Consultation under Section 62:
Council has received 2 responses to its Section 62 consultation being from Warringah Council and
Hornsby Shire Council. Both Councils advise that they have no comment to make in response to
the Plan. Council also received verbal advice from Willoughby City Council that it raised no
objections.
Public Submissions:
In accordance with statutory requirements DLEP211 was publicly exhibited for comment for the
period 15 January to 16 February 2007. No submissions were received in response to the exhibition
process.
Parliamentary Counsel advice:
Council forwarded DLEP211 to the NSW Parliamentary Counsel’s office for advice that the Plan
might be legally made. The Parliamentary Counsel office suggested several minor grammatical
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