minmi|Link road and Stockrington - Rio Tinto Coal Australia

minmi|Link road
and Stockrington
preliminary environmental assessment
June 2010

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TABLE OF CONTENTS
1 Introduction.......................................................................................................................................1
2 Background.......................................................................................................................................3
3 Site Description ................................................................................................................................5
3.1 Regional and Local Context ....................................................................................................5
3.2 The Site ...................................................................................................................................5
4 Description of the proposal.............................................................................................................9
4.1 Overview..................................................................................................................................9
4.2 Concept Plan Application ........................................................................................................9
4.3 State Significant Site Listing..................................................................................................13
5 Relevant Planning Instruments and Controls .............................................................................15
5.1 Relevant Planning Provisions & Policies...............................................................................15
5.2 Existing Zoning Provisions ....................................................................................................15
5.3 Lower Hunter Regional Strategy ...........................................................................................16
5.4 Lower Hunter Regional Conservation Plan ...........................................................................17
5.5 Draft Newcastle Lake Macquarie Western Corridor Planning Strategy ................................17
6 Requirements of Environmental Planning & Assessment Act 1979 and Major Development
SEPP 2005 .......................................................................................................................................19
6.1 Class of Development/Capital Investment Value ..................................................................19
6.2 Demonstration of Planning Merit ...........................................................................................19
6.3 State and Regional Planning Significance ............................................................................19
6.3.1 Criterion (a) of the SSS Guidelines .......................................................................................20
6.3.2 Criterion (b) of the SSS Guidelines .......................................................................................20
6.3.3 Criterion (d) of the SSS Guidelines .......................................................................................21
7 Preliminary Environmental Assessment .....................................................................................23
7.1 Strategic Justification.............................................................................................................23
7.2 Compliance with Statutory Plans...........................................................................................23
7.3 Urban Design, development controls and land uses.............................................................23
7.4 Visual Impact .........................................................................................................................23
7.5 Conservation lands & Conservation Corridors ......................................................................24
7.6 Biodiversity ............................................................................................................................24
7.7 Traffic and Transport .............................................................................................................25
7.8 Air Quality ..............................................................................................................................26
7.9 Mine Subsidence and Former Mining Activities ....................................................................26
7.10 Geotechnical and Contaminated Land..................................................................................27
7.11 Heritage .................................................................................................................................28
7.11.1 Potential Aboriginal Heritage Impacts ...................................................................................28
7.11.2 Potential Historic Heritage Impacts .......................................................................................28
7.12 Utilities and infrastructure......................................................................................................29
7.13 Surface Water and Groundwater Quality ..............................................................................29
7.14 Sustainability and Ecologically Sustainable Development (ESD) .........................................30
7.15 Bushfire..................................................................................................................................30
7.16 Acoustic Impact .....................................................................................................................31
7.17 Social Infrastructure...............................................................................................................31
7.18 Planning Agreements/Developer Contributions ....................................................................32
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TABLE OF CONTENTS
7.19 Staging...................................................................................................................................32
7.20 Site Suitability ........................................................................................................................32
8 Conclusion ......................................................................................................................................33
Appendix A Quantity Surveyor Certificate .................................................................................35
Appendix B
Appendix C
Appendix D
Appendix E
Ecological Statement...............................................................................................37
Traffic Statement......................................................................................................39
Air Quality Statement...............................................................................................41
Mine Subsidence, Contamination and Geotechnical Statement.........................43
Appendix F Heritage Statement ..................................................................................................45
Appendix G Infrastructure Statement .........................................................................................47
Appendix H
Drainage, Stormwater Management, Climate Change and Flooding Statement49
Appendix I ESD Statement .........................................................................................................51
Appendix J Bushfire Statement ..................................................................................................53
Appendix K
Appendix L
Acoustic Statement..................................................................................................55
Social Infrastructure Statement..............................................................................57
FIGURES:
Figure 1 – Proposed Development and Conservation Areas........................................................................... 10
Figure 2 – Proposed Minmi/Link Road & Stockrington Concept Plan.............................................................. 11
Figure 3 – Proposed Minmi/Link Road & Stockrington Indicative Lot Layout Plan .......................................... 12
Minmi PEA final

INTRODUCTION
1 Introduction
This report has been prepared on behalf of Coal & Allied Industries Ltd (Coal & Allied), the owner of the
Minmi/Link Road & Stockrington sites.
Coal & Allied propose to develop 520ha of Minmi/Link Road for residential development with a
maximum yield of 3,300 dwelling lots. The balance of the Minmi/Link Road site (17ha) and 2,247ha
(100%) of Stockrington (less 300 ha biodiversity offset land to be transferred to RTA and then to the
Department of Environment, Climate Change and Water (DECCW)) is proposed to be dedicated to the
New South Wales Government (NSWG) for conservation purposes. Other Coal & Allied owned sites in
the Lower Hunter region are the subject of similar but separate Part 3A applications to the Department
of Planning (DoP). Overall Coal & Allied proposes to dedicate approximately 3,260ha of Coal & Allied
land to the NSWG to provide and enhance important conservation corridors identified in the Lower
Hunter Regional Strategy (LHRS) and Lower Hunter Regional Conservation Plan (LHRCP).
The purpose of this report is to request that:
1. The Minister for Planning agree to consider the subject land at Minmi/Link Road and Stockrington
as a potential State Significant Site (SSS) for rezoning/listing under Schedule 3 of State
Environmental Planning Policy (Major Development) 2005 (Major Development SEPP) to facilitate
the residential development of the Minmi Link Road site and conservation and proposed dedication
of Stockrington to NSWG.
2. The Minister for Planning form an opinion that the Minmi/Link Road and Stockrington proposal is of
a kind described in Group 5 in Schedule 1 (classes of development) of State Environmental
Planning Policy - Major Development (2005) (Major Development SEPP).
3. Provided the Minister forms the opinion that the project is one to which Part 3A of the
Environmental Planning and Assessment Act, 1979 (EP&A Act) applies, the Minister authorise the
proponent to submit a Concept Plan Application for the proposed development at Minmi/Link Road
and Stockrington.
4. The Director General issue the Director General’s Requirements to inform an Environmental
Assessment to accompany the Concept Plan for the proposed development.
5. The Director General issues the requirements for a State Significant Site Study.
To support the request for the Director General’s Requirements, this submission includes a Preliminary
Environmental Assessment (PEA). This PEA identifies the relevant planning policies and provides a
justification for the site to be categorised as being of State or regional environmental planning
significance, that Part 3A of the EP&A Act applies and for authorisation of the Concept Plan request.
Finally, it provides a brief outline of the anticipated key issues of the proposed development and the
approach to address these matters as part of the Environmental Assessment.
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INTRODUCTION
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BACKGROUND
2 Background
Coal & Allied has been operating in the Hunter Valley for more than 150 years, with the earliest coal
mining operations located in the East Maitland area dating back to 1844. Numerous mergers,
expansions and acquisitions since then have led to Coal & Allied becoming a regionally significant
mining company.
Since 2004 Coal & Allied has been majority owned and managed by Rio Tinto Coal Australia (RTCA).
Coal & Allied today is one of the major coal producers in the Hunter Valley, employing around 1,500
people across three operations. With annual coal production of around 30 million tonnes, Coal & Allied
continues to evolve as it strives to achieve a vision of being a safe and highly successful business
valued by customers, employees, shareholders and the community.
Coal & Allied has seven separate holdings in the Lower Hunter totalling approximately 4,078 hectares.
Four are located in the northern area comprising Black Hill, Tank Paddock, Stockrington and Minmi
(including land north and south of Link Road). Three are located in the southern area comprising
Gwandalan, Catherine Hill Bay (Middle Camp) and Nords Wharf. The landholdings are located in four
local government areas of Lake Macquarie, Wyong, Newcastle and Cessnock.
The northern lands are located approximately 20 kilometres west of Newcastle and are almost halfway
between Newcastle and Cessnock. The Minmi land adjoins the existing Minmi township and is close to
the emerging Glendale Town Centre and the Glendale/Cardiff renewal corridor identified in the Lower
Hunter Regional Strategy (LHRS). These lands are close to the F3 Freeway and Newcastle Link Road
transportation corridors. The Minmi lands are adjacent to the Blue Gum Hills Regional Park and
Hexham Swamp.
The Black Hill site is located at the intersection of the F3 Freeway and John Renshaw Drive. Tank
Paddock and Stockrington are located east and west of F3 Freeway and fall within the Watagan-
Stockton conservation corridors identified in the LHRS and Lower Hunter Regional Conservation Plan.
Gwandalan adjoins Lake Macquarie State Conservation Area and Chain Valley Bay. Gwandalan is on
the western side of Crangan Bay, Lake Macquarie and Nords Wharf is on the eastern side. Catherine
Hill Bay and Nords Wharf are located between Wallarah National Park and Munmorah State
Conservation Area. Catherine Hill Bay is located on the east coast halfway between Swansea Heads
and the Budgewoi Peninsula.
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BACKGROUND
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SITE DESCRIPTION
3 Site Description
3.1 Regional and Local Context
Minmi/Link Road is located within the Lower Hunter Region. The Minmi/Link Road site is positioned
partly within the Lake Macquarie City Council and Newcastle City Council areas and is located
approximately 145 km from Sydney and approximately 17kms northwest of the Newcastle City Centre.
Outer lying suburbs such as Wallsend are within 5km of the Minmi Township, which includes a district
centre commercial core. New residential subdivisions have been approved to the north, south and east
of the Minmi/Link Road estates, which also contribute to providing some of the forecast growth in the
LHRS to be accommodated within new release areas, such as Cameron Park.
The Minmi/Link Road site, comprising Minmi and the land to the north and south of the Link Road is
bounded by the F3 Freeway to the west, Blue Gum Hills Regional Park to the east, Hexham Swamp to
the north and traverses the Newcastle Link Road to its southern boundary with Cameron Park. Minmi is
an historic mining town with a current population of approximately 732 people.
The Stockrington site, located mostly within the Cessnock Council area, adjoins the Mount Sugarloaf
Recreation Reserve and the Heaton State Forest to the southwest and the Pambalong Nature Reserve
(part of Hexham Swamp) to the north east and forms part of this sizable vegetation corridor. It also
adjoins the small settlement of Seahampton to the southeast. Stockrington forms part of the Watagan
Ranges to Port Stephens conservation area identified in the Lower Hunter Regional Conservation Plan
(LHRCP).
The Coal & Allied owned land at Stockrington that is proposed to be dedicated for conservation will play
a significant role in securing in perpetual ownership the Watagan Ranges to Port Stephens
conservation area. The proposed land dedication is a positive conservation step that will protect an
important array of vegetation communities, flora and fauna species, and natural landscape assets,
including threatened species and endangered ecological communities in the conservation lands. The
environmental gain from the environmental land offset package is a once in a generation opportunity
that will provide an enduring legacy for the community and future generations.
3.2 The Site
The Minmi/Link Road site is owned by Minmi Land Pty Ltd, a wholly owned subsidiary of Coal & Allied
Industries Ltd (Coal & Allied) and comprises approximately 538ha. The Minmi/Link Road estates
comprise the allotments with the following legal description:
• Part Lot 71 DP 1065169
• (Lot 711 DP 1113237 is proposed to be sold to the Roads and Traffic Authority).
• Lot 351 DP 1108608; (previously known as Lot 35 DP 800036).
• Lot 6 DP 1044574.
• Lot 2 DP 877349.
• Lot 3 DP 877349.
• Lot 48 DP 115128
These lots are known as Link Road North, Link Road South and Minmi lands.
The Stockrington land that is proposed to be dedicated to NSWG as conservation lands has a total area
of 2,247ha. The land parcels contained in the table below comprise the Stockrington lands for
conservation.
The current title descriptions for the Coal & Allied owned Stockrington landholding are:
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SITE DESCRIPTION
83//DP755260 Part 71//DP1065169 2//DP551917 12//DP1078246
84//DP755260 2//DP250339 30//DP1085228 1//DP250339
8//DP755260 2//DP124209 96//DP755260 82//DP755260
51//DP1095513 1//DP155446 3//DP250339 1//DP877416
89//DP755260 1//DP503566 79//DP755260 1//DP505578
13//DP1078246 3//DP977096 1//DP1126627 4//DP877416
72//DP755260 2//DP877416 1//DP123945 126//DP755262
125//DP755260 1//DP1039968 5//DP250339 2//1126627
1//DP124209 9//DP1078246 3//DP877416
4//DP977096
1//DP119630
95//DP755260
4//DP250339
The key aspects of the site are:
Minmi:
101//DP881099
The Minmi Township was originally a cattle station which was converted into a coal mine in the 1850s.
The land is underlain by coal mine workings in two seams, the Young Wallsend and the Borehole
seams. Underground mining first commencing in the mid 1800’s where it is understood that mining
continued to operate as such until 1925. In 1900’s open cut mining commenced for a further 5 years,
primarily around Minmi Creek and Back Creek.
The land has been owned by Coal & Allied for many years for coal mining. The lease for underground
and surface mining for the site has been relinquished.
Land ownership within Minmi is highly fragmented, with most allotments within the township privately
owned, however the surrounding land is held generally held in single ownership by Coal & Allied.
The key aspects of the Minmi Township and surrounding lands are:
• There are several existing privately owned houses within the development areas, which are
proposed to be accommodated within the future residential subdivision.
• The Minmi township includes several heritage items.
• The distinct character of the existing built environment of Minmi comprises :
−
−
−
Single storey dwellings along Woodford Street.
Dwellings positioned on hillsides.
Dwellings are predominantly timber clad and fibro with metal roofs with evidence of more recent
brick construction dwellings.
• Past mining activity in Minmi is evident through the presence of filled embankments and cuttings
that formed the former rail lines; the presence of open cut mines and capped shafts and other
mining infrastructure.
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SITE DESCRIPTION
• Access to Minmi from the north is via Lenaghans Drive and via Newcastle Link Road and Woodford
Street from the south. Minmi Road provides access from the east and intersects with Woodford
Street.
• The terrain ranges from gentle slopes through to steep topography and consists of cleared areas
through to dense vegetation.
• Several watercourses run through the site, which drain into Hexham Swamp, a large wetland
system of the Hunter River Estuary. The main channel of Minmi Creek flows through Minmi West, to
the west of the existing Minmi village area. Other additional tributaries on the Minmi East area
discharge directly to Hexham Swamp.
Link Road North and South
The Link Road North area is a densely vegetated area which is disconnected from the Conservation
Lands by the existing road network. Similarly, the Link Road South land is densely vegetated and
disconnected from surrounding conservation areas by other residential subdivisions such as Edgeworth
and Cameron Park, as well as the existing road network.
The Link Road North and South land has remained relatively undeveloped and undisturbed to date.
Underground mining activities of the late 1800s present some stability issues for the land which consists
of moderately to steeply undulating terrain. However vegetation clearing has occurred to accommodate
transmission lines within transmission easements and fire access tracks.
Land relating to an unformed road reserve was recently transferred from the Crown to the control of
Lake Macquarie City Council under the Roads Act 1993 and extends along the eastern portion of the
Link Road North area.
Surface levels of the Link Road North and South areas range from about 20m AHD at the northern and
southern boundaries to about 90m AHD at the Link Road. Evidence of previous mining activities
includes two capped shafts and remnants of previous structures including a number of old slabs and
footings.
Back Creek, a major tributary of Minmi Creek, rises on the Link Road North estate and flows north
though Minmi East area, before entering Minmi Creek just prior to discharging into Hexham Swamp.
Brush Creek rises on the Link Road South estate and flows south through Edgeworth to Cockle Creek,
ultimately discharging into Lake Macquarie adjacent to Boolaroo.
The land is all held within single ownership by Coal & Allied which enables it to be developed as a
single area.
Stockrington:
The Stockrington site is located within three Council areas. The site incorporates listed heritage items
associated with the former Richmond Vale Railway and collieries in Stockrington. The site is highly
constrained by topography and watercourses and parts of the site are highly remote with restricted
access. It is a regionally significant parcel of land given its ecological significance, size and single
ownership. The site is predominantly vegetated with some cleared areas. The Hunter Expressway
(previously known as F3 to Branxton Link) will traverse the site.
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SITE DESCRIPTION
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DESCRIPTION OF THE PROPOSAL
4 Description of the proposal
4.1 Overview
It is requested that the Director General issue the requirements for a comprehensive environmental
assessment to accompany a proposal for the listing of the Minmi/Link Road and Stockrington sites as a
State Significant Site under Schedule 3 of the Major Development SEPP and for the lodgement of a
concurrent Part 3A Concept Plan application for the entire site.
4.2 Concept Plan Application
The Concept Plan for a residential subdivision of the Minmi/Link Road site will apply to the entire
approximately 537ha Minmi/Link Road site and 2,247ha Stockrington site. The key parameters for the
proposed development of the site are as follows:
• Dedication of 2,264ha of conservation land (less 300 ha biodiversity offset land to be transferred to
RTA and then to DECCW) to the NSWG that is identified in the LHRS and Lower Hunter Regional
Conservation Plan, comprising 100% of the Stockrington site and approximately 17ha of the
Minmi/Link Road site.
• Maximum dwelling yield of 3,300 dwellings over 520ha.
• Indicative development staging.
• The provision of associated infrastructure.
• Torrens title subdivision of the Minmi/Link Road site. The Torrens title subdivision of Coal & Allied
land will enable the following:
−
−
To dissect land on either side of the F3 Freeway and to separate the development lot from the
conservation land.
To enable the transfer of approximately 17ha of land at Minmi/Link Road to the North of the
Minmi Rural Fire shed to NSWG for conservation purposes.
Approval will not be sought under the Concept Plan for a specific lot or road layout. An indicative lot
and road layout will indicate how the maximum dwelling yield of 3,300 dwellings could be achieved on
the site.
Similarly, approval will not be sought under the Concept Plan for subdivision or construction of
individual houses. However, the desired future character of the proposed concept plan will be included
in Urban Design Guidelines. Urban Design Guidelines will be prepared to inform the Concept Plan for
Stage 1, the Minmi East precinct, in respect of urban form, built form, open space and landscape,
access and movement and visual impact for the site.
Five developable precincts are proposed under the Concept Plan, located around the Minmi township
and to the north and south of Link Road. The proposed developable areas have been established on
the basis of detailed investigations in respect to existing environmental constraints and opportunities for
future sustainable growth. The proposed developable precincts are:
• Minmi East: Proposed to be located between existing Minmi township and The Outlook, to act as a
“gateway” to the east.
• Minmi Extension: Proposed to be located west of existing Minmi township incorporating existing
Garden House and Workshop heritage parks.
• Village Centre: Proposed to be located in the centre of the site, and is proposed as a new activity
hub for the area.
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DESCRIPTION OF THE PROPOSAL
• Link Road North: Proposed to be located along the northern boundary of the Newcastle Link Road,
acting as “gateway” to existing and future development in the south.
• Link Road South: Proposed to be located south of Newcastle Link Road, including a connector
road linking the proposed development with Cameron Park and other future developments.
It is proposed to dedicate land for conservation purposes as part of the Major Project Application via a
Voluntary Planning Agreement (VPA) between Coal & Allied and the NSWG in accordance with s.93F
of the Environmental Planning & Assessment Act, 1979 (EP&A Act).
The proposed Concept Plan seeks to facilitate residential development that is generally not permissible
under the existing planning provisions and therefore a State Significant listing/rezoning is proposed
under the Major Development SEPP, which will provide the statutory mechanism for approval of the
Concept Plan and associated future development. This is discussed at Section 4.3.
A Plan showing the proposed development areas and conservation areas is shown at Figure 1. The
proposed Concept Plan for the site is shown at Figure 2. The Indicative Lot Layout Plan is shown at
Figure 3.
Figure 1 – Proposed Development and Conservation Areas
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DESCRIPTION OF THE PROPOSAL
Figure 2 – Proposed Minmi/Link Road & Stockrington Concept Plan
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DESCRIPTION OF THE PROPOSAL
Figure 3 – Proposed Minmi/Link Road & Stockrington Indicative Lot Layout Plan
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DESCRIPTION OF THE PROPOSAL
4.3 State Significant Site Listing
It is proposed that the entire Coal & Allied owned Minmi/Link Road and Stockrington sites be
rezoned/listed as a ‘State Significant Site’ (SSS) in Schedule 3 of State Environmental Planning Policy
(Major Development) 2005. A draft Schedule 3 listing will be prepared with the Concept Plan
Application. The proposed zoning for the sites are:
• Residential areas zoned R2 Low Density Residential Zone, with the following uses permissible with
consent:
−
Advertisements; advertising structures; attached dwellings; bed and breakfast accommodation;
car parking; child care centres; community facilities; dwelling houses; environmental facilities;
filming; food and drink premises (not exceeding floor space 200m 2 ); group homes; health
consulting rooms (not exceeding floor space 200m 2 ); home based child care or family day care
homes; home business; home industries; information and education facilities; multi dwelling
housing; neighbourhood shops; places of public worship; recreation areas; recreation facilities
(outdoor); residential care facilities; schools; seniors housing; semi detached dwellings;
signage; takeaway food premises (not exceeding floor space 200m 2 ).
• Village centres in Minmi East Precinct and Minmi Village Centre Precinct zoned B2 Local Centre,
with the following uses permissible with consent:
−
Advertisements; advertising structures; business premises; car parks; child care centres;
community facilities; entertainment facilities; environmental facilities; filming; food and drink
premises; function centres; funeral chapels; funeral homes; health consulting rooms; home
business; hotel or motel accommodation; information and education facilities; kiosks; markets;
medical centres; mixed use development; neighbourhood shops; office premises; passenger
transport facilities; places of public worship; public administration buildings; pubs; recreation
area, recreation facilities (indoor); recreation facilities (outdoor), registered clubs; residential flat
buildings; restaurants; retail premises; schools; seniors housing; service stations; shop top
housing; signage; take away food and drink premises; tourist and visitor accommodation;
veterinary hospitals.
• Stockrington and the northern 17ha tip of Minmi to be zoned E1 National Parks and Nature
Reserves. This land is proposed to be dedicated to the NSWG.
It is proposed that the SSS listing/rezoning for the sites delineate zones and associated development
controls as well as establish the future approval/consent authority regimes. This will set in place what
areas are to be developed and what areas are to be conserved and the future planning controls that will
apply.
A new planning regime is required to rezone the sites to upgrade the permissible land uses and to
enable the development of the site for residential uses.
It is proposed that the Schedule 3 amendment to the SEPP introduce a new statutory planning
framework for the Minmi/Link Road and Stockrington sites that includes:
• Aims and objectives for each site.
• Zoning and permissible uses.
• Key development controls.
• The future consent/approval regime.
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DESCRIPTION OF THE PROPOSAL
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RELEVANT PLANNING INSTRUMENTS AND CONTROLS
5 Relevant Planning Instruments and Controls
The project has already been referred to the Commonwealth Department of the Environment, Water
Heritage and the Arts pursuant to the Environment Protection and Biodiversity Conservation Act 1999
(EPBC Act) provisions and has not been declared a “controlled action”. No further referrals are
required for this project under the EPBC Act.
5.1 Relevant Planning Provisions & Policies
The following current and draft state, regional and local planning controls and policies apply to the site:
• Lower Hunter Regional Strategy;
• Lower Hunter Regional Conservation Plan;
• SEPP Major Development;
• SEPP 71 - Coastal Protection;
• SEPP 14 - Coastal Wetlands;
• SEPP 44 - Koala Habitat Protection;
• SEPP 55 - Remediation of Land;
• SEPP (Mining, Petroleum Production and Extractive Industries) 2007;
• SEPP (Building Sustainability Index: BASIX) 2004;
• SEPP (Infrastructure) 2007;
• Review of Infrastructure Contributions Planning Circular PS08-017;
• Hunter Regional Environmental Plan 1989 (Heritage);
• Draft NSW Centres Policy;
• Lake Macquarie Local Environmental Plan 2004;
• Newcastle Local Environmental Plan 2003;
• Cessnock Local Environmental Plan 1989;
• Draft Newcastle Lake Macquarie – Western Corridor Planning Strategy; and
• Planning for Bushfire Protection 2006.
5.2 Existing Zoning Provisions
Newcastle Local Environmental Plan 2003 (NLEP 2003) applies to the northern portion of the
Minmi/Link Road site. Under the NLEP 2003, the following zones apply to the Minmi/Link Road site:
• 2 (a) Residential Zone
• 7 (b) Environmental Protection Zone
• 7 (c) Environmental Investigation Zone
Lake Macquarie Local Environmental Plan 2004 (LEP 2004) applies to the southern portion of the
Minmi/Link Road site. Under the Lake Macquarie LEP 2004, the following zones apply to the
Minmi/Link Road site:
• 7(2) Conservation (Secondary).
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RELEVANT PLANNING INSTRUMENTS AND CONTROLS
• 10 Investigation (Urban/ Conservation Zone).
• 5 Infrastructure Zone.
The Stockrington land proposed for dedication to the NSWG is situated within Lake Macquarie City
Council and Cessnock local government areas and is currently subject to the following zones:
• 7(2) Conservation (Secondary) and 5 Infrastructure Zone under the Lake Macquarie LEP 2004.
• 1(a) Rural and 5(b) Special Uses (Railways Zone) under the Cessnock LEP 1989.
Under the draft Cessnock LEP 2009 (which has been publicly exhibited), the site is proposed to be
zoned as follows:
• E3 Environmental Management Zone;
• E2 Environmental Conservation Zone; and
• SP 2 Infrastructure Zone (Railway and Hunter Expressway).
The proposed Concept Plan seeks to facilitate residential development that is not currently permissible
over the majority of the Minmi/Link Road land under the existing planning provisions (except for a
portion of land that is currently zoned 2(a) residential under NLEP 2003) and therefore a State
Significant listing is proposed under the Major Development SEPP, which will provide the statutory
mechanism for rezoning of the land and approval of the Concept Plan and associated future
development.
The current Cessnock Council rural zoning of Stockrington (dating from 1989) which covers about 70%
of the site is considered inappropriate to ensure suitable long term conservation for this ecologically
sensitive site. Furthermore, Stockrington is in private ownership. Consequently, Stockrington cannot
be protected in accordance with NPWS best practice. If however the land is rezoned to the highest
conservation zoning available under the Standard Instrument – Principal LEP (E1 National Parks and
Nature Reserves) and dedicated to NSWG, it will be locked away permanently and protected in
perpetuity. This is a significant gain to the community.
5.3 Lower Hunter Regional Strategy
The Lower Hunter Regional Strategy (LHRS) is the key planning policy to guide the growth in the Lower
Hunter to 2031 by identifying future development areas, principal land use types, settlement patterns
and conservation outcomes. It is the principal document upon which Environmental Planning
Instruments and major land use and development decisions should be based.
The NSWG released the final LHRS on 17 October 2006. It is understood that Cabinet re-endorsed it in
December 2009. The LHRS plans for population growth of 160,000 people by the year 2031.
The LHRS identifies the Minmi/Link Road and Stockrington site for proposed urban development and
proposed conservation land dedications. The proposal is entirely consistent with the LHRS.
The Minmi/Link Road site is one of the four Coal & Allied sites in the northern and southern lands
proposed for residential development which will assist in achieving the forecast growth in the Lower
Hunter. Whilst geographically separate they will make a significant contribution to the overall growth of
the Lower Hunter region.
The securing, protection and management of conservation corridors is a key focus of both the LHRS
and the companion LHRCP. The proposed development of 520ha of land at Minmi/Link Road and
proposed dedication of 2,264ha (less 300 ha biodiversity offset land to be transferred to RTA and then
to the DECCW) of land at Minmi/Link Road and Stockrington is crucial in achieving the State
Government’s objective of securing major conservation corridors identified in the LHRS, most notably
the Watagan to Stockton Green Corridor. The proposed development of the Minmi/Link Road site and
proposed substantial land dedication of the Stockrington site is an integral element of the LHRS.
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RELEVANT PLANNING INSTRUMENTS AND CONTROLS
5.4 Lower Hunter Regional Conservation Plan
The Lower Hunter Regional Conservation Plan provides a focus for conservation efforts until 2031 by
identifying priority biodiversity areas in the Lower Hunter. As discussed, the securing, protection and
management of conservation corridors is a key focus of the LHRCP. The proposed dedication of
2,264ha (less 300 ha of biodiversity offset land to be transferred to RTA and then to the DECCW) of the
Coal & Allied owned Minmi/Link Road and Stockrington site for conservation purposes as an offset for
the proposed development of 520ha of land is crucial in achieving the state government’s objective of
securing major conservation corridors, most notably the long sought after Watagans to Stockton Green
Corridor.
5.5 Draft Newcastle Lake Macquarie Western Corridor Planning
Strategy
Identified as regionally significant under the LHRS, the Western Corridor stretches from Beresfield to
Killingworth, and has land in both Newcastle and Lake Macquarie Local Government Areas, including
the Minmi/Link Road estates. The Newcastle – Lake Macquarie Western Corridor Planning Strategy
(draft Western Corridor Planning Strategy) was released in October 2008. A revised Consultation Draft
of the Western Corridor Strategy was issued by DoP in April 2009 and placed on public exhibition.
The draft Western Corridor Strategy identifies planning principles that will assist in sustainably meeting
the projected housing densities included in the draft Western Corridor Planning Strategy. These
principles were developed with due consideration to environmental constraints, existing land use
patterns and stakeholder consultation. There is a strong environmental focus in the planning principles,
with the preservation of vegetation corridors, sustainability and heritage conservation all to be
considered in future development in the Corridor. A key feature of the draft Western Corridor Planning
Strategy is the Watagans to Stockton Green Corridor that runs through the centre of the Western
Corridor.
An assessment against each of the development criteria and planning principles listed in draft Western
Corridor Planning Strategy will be undertaken in the Environmental Assessment for Minmi to illustrate
its suitability for future residential and conservation purposes. In summary, the development of the
Minmi/Link Road site for residential purposes is consistent with the planning principles contained in the
draft Western Corridor Planning Strategy as it will:
• Assist in meeting the projected housing densities included in the draft Western Corridor Planning
Strategy, which will facilitate a major contribution to residential development within the Newcastle
and Lake Macquarie Local Government Areas.
• Provide increased and improved social infrastructure to meet the demands of the new and existing
residents.
• Result in the dedication of 2,264ha of conservation land (less 300 ha biodiversity offset land to be
transferred to RTA and then to DECCW) to NSWG for conservation, which will help secure the
conservation corridor between the Watagan Ranges and Stockton Bight.
• Provide a ‘green entry statement’ along Newcastle Link Road collectively on the RTA (Link Road)
and Coal & Allied development lands. It is envisaged this corridor will provide for arboreal and
highly mobile faunal guilds movement through the local landscape into larger patches of offsite
habitat.
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RELEVANT PLANNING INSTRUMENTS AND CONTROLS
•
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REQUIREMENTS OF ENVIRONMENTAL PLANNING & ASSESSMENT ACT 1979 AND
MAJOR DEVELOPMENT SEPP 2005
6 Requirements of Environmental Planning &
Assessment Act 1979 and Major Development
SEPP 2005
6.1 Class of Development/Capital Investment Value
Schedule 1, Clause 13 of the Major Development SEPP lists the types or classes of development that
may be considered as Part 3A projects.
The relevant type or class for this project is listed in ‘Group 5 - Residential, commercial or retail projects’
and as provided below:
(1) Development for the purpose of residential, commercial or retail projects with a capital
investment of more than $100 million.
(2) This clause does not apply to major development within the meaning of section 31 of
the City of Sydney Act 1988.
The Capital Investment Value (CIV) for Minmi/Link Road, as defined in the Major Development SEPP,
has been determined by Davis Langdon and their assessment of the CIV for the project is $839.65m.
A copy of the advice is included at Appendix A.
The proposal is therefore clearly of a kind that satisfies the definition of a ‘residential project’.
6.2 Demonstration of Planning Merit
Given the size and complexity of the proposal, a Concept Plan for Minmi/Link Road and Stockrington
would enable key site parameters associated with land use, infrastructure delivery and timing, and
environmental conservation to be resolved up front, with subsequent detailed stages being submitted
for approval as the site develops progressively.
Under the provisions of the Environmental Planning and Assessment Regulation 2000, the Minister has
discretion to determine whether or not to authorise a Concept Plan to be accepted under Part 3A of the
EP&A Act if any part of the project would otherwise be prohibited by an environmental planning
instrument.
In this case, the Concept Plan proposal for residential development at Minmi/Link Road is currently
prohibited across the majority of the site.
Therefore, to assist the Minister’s consideration of the proposal and authorise the proponent to submit a
Concept Plan Application for the proposed development at Minmi/Link Road and Stockrington, Sections
5.3, 5.4 and 5.5 of this report seeks to demonstrate the planning merits of the project having regard to
the relevant strategic planning policy.
6.3 State and Regional Planning Significance
The Department of Planning’s (DoP’s) ‘Guideline for State Significant Sites under the Major
Development SEPP’, provides that when considering whether a site can be categorised as being of
State significance, the Minister will consider whether the site meets one or more of the following criteria:
(a) be of regional or state importance because it is in an identified strategic location (in a State or
regional strategy), its importance to a particular industry sector, or its employment, infrastructure,
service delivery or redevelopment significance in achieving government policy objectives; or
(b) be of regional or state environmental conservation or natural resource importance in achieving State
or regional objectives. For example protecting sensitive wetlands or coastal areas; or
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REQUIREMENTS OF ENVIRONMENTAL PLANNING & ASSESSMENT ACT 1979 AND
MAJOR DEVELOPMENT SEPP 2005
(c) be of regional or state importance in terms of amenity, cultural, heritage, or historical significance in
achieving State or regional objectives. For example sensitive redevelopment of heritage precincts; or
(d) need alternative planning or consent arrangements where:
(i) added transparency is required because of potential conflicting interests.
(ii) more than one local council is likely to be affected.
It is considered that the proposal for the Minmi/Link Road and Stockrington sites directly meet criteria
(a), (b) and (d).
6.3.1 Criterion (a) of the SSS Guidelines
Criterion (a) of the SSS Guidelines states that a site can be categorised as being of State significance if
the Minister considers it to be of regional or State importance because it is in an identified strategic
location (in a State or regional strategy), its importance to a particular industry sector, or its
employment, infrastructure, service delivery or redevelopment significance in achieving government
policy objectives.
The Coal & Allied owned Minmi/Link Road and Stockrington sites have been recognised for their State
and regional significance based on the inclusion in the LHRS for proposed urban development and
conservation purposes.
Coal & Allied propose to develop 520ha of Minmi/Link Road for residential development with a
maximum yield of 3,300 dwelling lots. The balance of the Minmi/Link Road (17ha) and Stockrington
(2,247ha - less 300ha of biodiversity offset land to be transferred to RTA and then to DECCW) is
proposed to be dedicated to the NSWG for conservation purposes. The conservation land proposed to
be dedicated to NSWG will provide and enhance vitally important conservation corridors identified in the
LHRS and LHRCP, most notably the Watagans to Stockton Green Corridor.
The proposed dedication of land to the NSWG for conservation purposes will significantly contribute to
ensuring that key strategic parcels of land that complete long sought-after regional biodiversity
conservation corridors are retained in perpetuity by NSWG.
The proposal for Minmi/Link Road and Stockrington is considered to meet the criteria for a State
Significant Site both as an individual parcel and as an integral part of the overall Coal & Allied
environmental land package that will achieve substantial conservation outcomes through proposed land
dedication as set out in the LHRS and LHRCP.
Furthermore, the proposed 3,300 dwellings at Minmi/Link Road will help achieve the State
Government’s objective to cater for the predicted population growth for the Lower Hunter Region until
2031.
In our opinion, the proposal for Minmi/Link Road and Stockrington sites satisfies criterion (a) of the SSS
Guidelines.
6.3.2 Criterion (b) of the SSS Guidelines
Criterion (b) of the SSS Guidelines states that a site can be categorised as being of state significance if
the Minister considers the site to be of regional or state environmental conservation or natural resource
importance in achieving State or regional objectives.
As stated, the expansion, management and protection of the Watagans to Stockton Green Corridor for
conservation and biodiversity is a key focus of the LHRS and the companion LHRCP. Coal & Allied is
proposing to dedicate approximately 2,264ha of Minmi/Link Road and Stockrington (less 300ha of
biodiversity offset land to be transferred to RTA and then to DECCW) to the NSWG as ‘conservation
land’ to provide an important component of the Watagans to Stockton Green Corridor. The proposed
Coal & Allied land dedication will clearly help expand and enhance the biodiversity and conservation
values of the Watagans to Stockton Green Corridor.
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REQUIREMENTS OF ENVIRONMENTAL PLANNING & ASSESSMENT ACT 1979 AND
MAJOR DEVELOPMENT SEPP 2005
Coal & Allied is also proposing to dedicate approximately 147ha of the Tank Paddock to the NSWG as
‘conservation land’ as part of a separate Part 3A application. The proposed Coal & Allied land
dedications will clearly help protect, expand and enhance the biodiversity and conservation values of
the Watagans to Stockton Green Corridor.
The 2,264ha of Minmi/Link Road and Stockrington (less 300ha of biodiversity offset land to be
transferred to RTA and then to DECCW) that is proposed to be dedicated for conservation provides
substantial areas of contiguous vegetation, some of which has state and regional ecological value. The
proposed dedication of land to NSWG will also ensure substantial and significant land will be protected
from inappropriate development by locking away this land as ‘conservation land’ in public ownership
and perpetuity. The environmental gain from the proposed environmental land offset package is a once
in a generation opportunity that will provide an enduring legacy for the community. The proposed
dedication of 2,264ha of Minmi/Link Road and Stockrington sites to the NSWG by Coal & Allied is
clearly of state and regional significance.
Importantly the proposal for Minmi/Link Road and Stockrington site will also result in the establishment
of ecological corridors across the site, encompassing riparian corridors and linking to Blue Gum Hills
Regional Park and Hexham Swamp.
In our opinion, the proposal for Minmi/Link Road and Stockrington clearly satisfies criterion (b) of the
SSS Guidelines.
6.3.3 Criterion (d) of the SSS Guidelines
Criterion (d) of the SSS Guidelines states that a site can be categorised as being of State significance if
the Minister considers that the site needs alternative planning or consent arrangements where:
• Added transparency is required because of potential conflicting interests; and
• More than one local council is likely to be affected.
Alternative planning consent arrangements are necessary because the Minmi/Link Road and
Stockrington land forms an important part of an overall environmental land offset package proposed for
the Lower Hunter by Coal & Allied which includes seven Coal & Allied owned sites in the Lower Hunter
and spans four local government areas (Newcastle, Lake Macquarie, Cessnock and Wyong Councils).
This creates complications given the likely differing views of the respective Councils as to how and
whether or not the proposals for each site should proceed. Separate consent arrangements are unlikely
to enable an appropriate conservation and land use framework to be achieved in a timely, effective and
efficient manner. All the Coal & Allied sites, including Minmi/Link Road and Stockrington need to be
considered in a regional context rather than a Council-by-Council basis to allow for the coordinated
protection of priority areas of biodiversity. This will result in a more targeted conservation action, than
an uncoordinated approach to the sites.
It is therefore important that Minmi/Link Road and Stockrington be considered in a coordinated manner
by NSWG to achieve permanent preservation of the Watagans to Stockton Green Corridor. Given the
overall environmental land offset package proposed for the Lower Hunter by Coal & Allied spans four
local government areas, the environmental gains to the community would not be achieved if each site
was separately considered by the individual Councils.
In our opinion, the proposal for Minmi/Link Road and Stockrington satisfies criterion (d) of the SSS
Guidelines.
In summary, the proposed development and proposed conservation land dedication of Minmi/Link Road
and Stockrington clearly meets the criteria of the SSS Guidelines as outlined above. The listing of the
site on Schedule 3 of the Major Development SEPP will facilitate the orderly use, development and
conservation of regionally important sites of environmental and social significance to the State.
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REQUIREMENTS OF ENVIRONMENTAL PLANNING & ASSESSMENT ACT 1979 AND
MAJOR DEVELOPMENT SEPP 2005
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PRELIMINARY ENVIRONMENTAL ASSESSMENT
7 Preliminary Environmental Assessment
This section of the report has been prepared to assist the Director General in identifying the likely
general and key environmental issues to be addressed as part of the project.
7.1 Strategic Justification
As stated the LHRS identifies the site for proposed urban development and proposed conservation land
dedications. The proposal is entirely consistent with the LHRS.
The Environmental Assessment to accompany the Concept Plan will provide adequate strategic
justification for the proposal. The proposed residential development of Minmi/Link Road will assist in
achieving the forecast growth of the Lower Hunter region.
The securing, protection and management of conservation corridors is a key focus of both the LHRS
and the companion LHRCP. The proposed development of 520ha of Minmi/Link Road and proposed
dedication of 2,264ha of lands at Minmi/Link Road and Stockrington (less 300ha of biodiversity offset
land to be transferred to RTA and then to DECCW) is crucial in achieving the State Government’s
objective of securing major conservation corridors identified in the LHRS, most notably the Watagans to
Stockton Green Corridor.
7.2 Compliance with Statutory Plans
The Environmental Assessment to accompany the Concept Plan will consider all the relevant Acts,
Regulations, State and Regional Environmental Planning Polices, Regional Strategies and Plans,
applicable planning instruments, relevant legislation and policies.
The current local planning policies affecting Minmi/Link Road prohibit the proposed residential
development across the majority of the site. A new planning regime is therefore required to facilitate
the development of the site for residential purposes. The Concept Plan will be lodged concurrently with
an application for an amendment to Schedule 3 of the Major Development SEPP to rezone/list the site
as a State Significant Site.
7.3 Urban Design, development controls and land uses
Design guidelines will be prepared as part of the Concept Plan for Stage 1, the Minmi East precinct.
Given the anticipated timeframe for the development of the estate, of some 25 years, it is most
appropriate to present the design and built form controls relative to the first stage only. Subsequent
stages of the project, which would be subject to future applications, will be accompanied by design
controls and guidelines that reflect the relevant stage and market. A Draft Statement of Commitments
will also be prepared which will commit future residential development to adhere to the Urban Design
Guidelines.
7.4 Visual Impact
The Environmental Assessment will address visual impacts of the proposal, particularly in regard to the
heritage significance and recreational amenity of the area.
The visual impact considerations have been a fundamental element in defining the proposed
developable areas. This has included the importance of ensuring acceptable visual impacts to key
heritage places and respective outlooks. A Visual Impact Assessment of the proposed development will
be submitted with the Concept Plan which will consider the impact on views from the listed heritage
item, the Court House as well as the landscape character of the Minmi township and the Link Road
character.
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PRELIMINARY ENVIRONMENTAL ASSESSMENT
7.5 Conservation lands & Conservation Corridors
An Ecological Assessment Report will be submitted with the Concept Plan to address the extent,
location and timing of the proposed dedication of conservation land. The Ecological Assessment
Report will also discuss any edge effects between the proposed development area and the proposed
conservation area and/or surrounding land. In summary, an ongoing management program for the
interface, or “edge effects” between the proposed conservation lands and surrounding and/or the
developable lands will be prepared as part of a Statement of Interim Management Intent (SIMI) which
will form part of a draft Statement of Commitments.
In addition to the proponent’s contribution to the Watagan Range to Stockton Bight regional corridor, the
proposed Concept Plan scheme incorporates a matrix of corridor links in and around the proposed
development estate.
7.6 Biodiversity
An Ecological Assessment Report will be submitted with the Concept Plan to address the following:
• Assess the impact of the proposed rezoning and land clearing on existing native flora and fauna, on
the site and surrounding areas. The assessment must be conducted in accordance with the
Department of Environment, Climate Change and Water (DECCW’s) “Threatened Species
Assessment Guidelines” (DECC Aug 2007) and include a field study.
• Describe the actions that would be taken to avoid or mitigate impacts on biodiversity, threatened
species, their habitat and ecological corridors.
• Identify proposed riparian areas and future management options.
• Demonstrate the linkages between proposed conservation lands and adjoining lands and the
benefits in providing biodiversity habitats in these locations.
The proposed development will require the removal of intact vegetation and/or be concentrated in
already disturbed environs. In either case it is considered that impacts to the existing ecological
environment will result. However and of key note is the proposal to offset these impacts through the
proposed dedication of land for conservation purposes, pursuant to s.93F of the EP&A Act.
Although the proposed development will require the removal of intact vegetation at Minmi, the proposed
Concept Plan scheme incorporates a matrix of vegetation corridor links in the proposed development
estate. Furthermore, a key environmental component to the project is the proposed dedication of
2,247ha of Stockrington (less 300 ha biodiversity offset land to be transferred to RTA and then to
DECCW) and 17ha of Minmi/Link Road to NSWG for conservation purposes. This land will help
consolidate the long sought after regional corridor for the Lower Hunter running from the Watagan
Range to Stockton Bight. This corridor is identified as a highly significant regional link between
southern sandstone ranges and the coastal heaths and wetlands of Port Stephens in the LHRS and
LHRCP.
The nature of the landform settings to be conserved, varying from coastal ranges forests and
woodlands to wetlands, provides a diverse array of habitats and resources for native fauna. The
conservation lands are known to contain important populations of numerous threatened fauna species,
including birds, mammals and herpetofauna. The proposed dedication and conservation of Stockrington
site will provide secure regional biodiversity gene pools, and also through linkages facilitate valuable
genetic material exchange and other key processes associated with sustainable ecological population
dynamics.
Considering the large area of conservation land that is proposed to be set aside as part of the proposed
development, overall it is considered that the proposal will provide positive ecological outcomes.
The PEA will be expanded upon to include rigorous field survey and associated reporting that complies
with relevant guiding policy and legislation in a suitable scientific format to inform the final
Environmental Assessment. For further details refer to Appendix B.
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PRELIMINARY ENVIRONMENTAL ASSESSMENT
7.7 Traffic and Transport
Hyder has reviewed the available data and anticipates that the following traffic issues are likely to form
the basis of future examination of traffic and transport for Minmi/Link Road and Stockrington
development. They are:
• Journey to Work data indicates that journeys to and from work for residents living near to the Minmi
site was predominantly by private car (78%). Travel by public transport amounted to a further 2.5%
of trips.
• Recent crash data indicates that the majority of crashes were distributed across the major roads,
and in particular the F3 Freeway, Newcastle Link Road and Minmi Road. The data suggested that
the additional traffic generated by a development at Minmi is unlikely to have significant impact on
the number or severity of crashes.
• Recent data indicated Newcastle Link road carried over 22,000 vehicles per day during a weekday,
with weekend traffic around a third lower than on an average weekday. This implied that the Link
Road carried a high proportion of commuter traffic demand to/from Newcastle. The heavy vehicles
on the Link Road were recorded between 1,600 and 2,200 vehicles per day comprising between
7% and 9% of total traffic. Minmi Road (through Edgeworth), south of Newcastle Link Road carried
approximately 14,000 vehicles per day during a weekday. Woodford Street, Leneghans Drive and
Minmi Road (through Minmi, Fletcher) carried between 3,500 and 5,300 vehicles per day.
• Traffic data indicates currently two key intersections on the Newcastle Link Road at Woodford
Street and Minmi Road operate at good level of service during both the morning and evening peak
periods.
• Traffic on Newcastle Link Road is expected to increase significantly in the future due to cumulative
background growth in the Lower Hunter and the proposed Hunter Expressway. The Minmi
development could generate in the order of additional 1,800 to 2,400 vehicles in the one peak hour
depending on the level of self containment. The additional traffic will impact on the operation of both
Minmi Road/Newcastle Link Road and Newcastle Link Road/Woodford Street roundabouts.
The issues identified above will be addressed as part of the Environmental Assessment. For further
details refer to Appendix C. A Traffic Study will be prepared to accompany the Concept Plan in
accordance with RTA’s Guide To Traffic Generating Developments that includes (but is not limited to)
the following:
• Impacts on regional road networks during construction and operation.
• Opportunities to minimise traffic on sensitive road frontages during construction and operation.
• Efficiency of emergency vehicle access/egress.
• Proposed access from the wider road network as well as the opportunities and constraints of
alternative vehicular access points.
• Measures to introduce and promote public transport usage and mode share.
• Proposed pedestrian and cycle access within and to the site that connects to all relevant transport
services and key off-site locations.
• Traffic signal and intersection upgrades underpinned by an intersection analysis and microsimulation
model.
• Road design that is responsive to the proposed land use and associated urban form including
proposed transport linkages between the subject land and surrounding key destination points such
as existing centres, recreational areas and employment/industrial centres.
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PRELIMINARY ENVIRONMENTAL ASSESSMENT
7.8 Air Quality
An Air Quality Report will be submitted with the Concept Plan which will assess the odour and air
quality impacts of the nearby existing development and any proposed development on the site and in
light of any potential coal-bed methane extraction on the subject land.
A desktop review of aerial photography, the National Pollutant Inventory (NPI) database and information
provided via Coal & Allied reveal the following significant local sources of emissions to air that could
potentially impact on the proposed Minmi/Link Road development:
• Odour and dust emissions from landfill activities at the Summerhill Waste Management Facility
(WMF). The Summerhill WMF operates on approximately 220,000 tonnes per year of municipal
waste of which approximately 70,000 tonnes is inert waste; and
• Industrial/commercial air emissions from the nearby Cameron Park Business Park.
In summary:
• Odour and dust emissions from the Summerhill Waste Management Facility (WMF) is not expected
to impact on the future Minmi/Link Road estates due the facility’s current configuration and hours of
operation.
• No significant industrial or commercial sources of air emissions are generated from the Cameron
Park business park based on a search of the National Pollutant Inventory database.
• Coal-bed methane extraction will not be occurring on the land. All existing wells on the subject land
will remain capped, and as such, residual emissions of methane from the wells should be negligible.
• No sewage treatment plant facility is proposed for the Minmi/Link Road estates. Therefore an
assessment will not be required relative to a sewage treatment plant facility.
For further details refer to Appendix D.
7.9 Mine Subsidence and Former Mining Activities
A Geotechnical, Contamination and Mine Subsidence Report will be submitted with the Concept Plan,
which will:
• Identify the potential for subsidence, hazards associated with subterranean gases and
contamination and other associated risks for development and propose restrictions and limitations
for building in areas that are geotechnically sub-optimal.
• Identify the impacts of the development of the proposal and conservation offsets on the future
recovery of resources of coal and coal-seam methane below the site.
Recorded traces of former mine workings indicate that the site is underlain by coal mine workings in two
seams, the Young Wallsend Seam and the Borehole Seam. The workings are complex and have been
undertaken by several different collieries. The site also formerly contained open-cut mining operations
and mine surface infrastructure on various parts of the site including various shafts and tunnel entries,
buildings and rail lines.
The mine subsidence risk assessment will assess the potential effects of the former mining on the
proposed development. This risk assessment will include the following:
• Review of Mine Subsidence Board (MSB) and Department of Industry and Investment (DII) records
relating to the mining.
• Mapping of former mining relative to the site.
• Identification of mine stability mechanisms for the site, associated risks and potential subsidence.
• Location and assessment of the condition of shaft and tunnel entry capping/backfilling.
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PRELIMINARY ENVIRONMENTAL ASSESSMENT
• Potential development restrictions.
• Remedial measures, if required.
The potential for future mining below the site will also be assessed, although it is noted there are no
mining tenements in place over the subject site.
The Environmental Assessment, Draft Statement of Commitments and a Building Height Map will also
detail how future development will comply with any MSB requirements and respond to any mining
constraints. For further details refer to Appendix E.
7.10 Geotechnical and Contaminated Land
A Geotechnical, Contamination and Mine Subsidence Report will be submitted with the Concept Plan,
which will:
• Assess the capability of the land for the proposed development including with respect to erosion
potential, slope stability, sodicity and salinity and the presence of potential and actual acid sulphate
soils if any.
• Outline actions, management and mitigation measures required and address contamination issues
if any, in accordance with SEPP 55 and other relevant legislation and guidelines.
The site has been subject to disturbance from former mining activities and as such is likely to contain
uncontrolled filling. The site is also likely to contain soft alluvial soils and reactive clay soils, all of which
present a potential hazard to building and road foundations. Mapping also indicated the presence of
acid sulphate soils which have potential to generate acidic leachate upon disturbance and there is some
risk of aggressive soils conditions. The site is also likely to contain chitter/coal reject which is potentially
combustible. The site also contains moderate slopes and likely shallow coal seams and therefore there
may be potential for slope instability.
Therefore the following information/assessment will be provided as part of the Geotechnical,
Contamination and Mine Subsidence Report:
• Delineation of the extent, depth and nature of filling across the site; Extent, depth and nature of soft
unsuitable soils in alluvial areas.
• Presence of acid sulphate soils, soil aggressivity and erosion potential of soil.
• Presence of combustible material and improvement measures.
• Slope stability.
These issues should be assessed and general guidelines provided for appropriate management of the
issues with respect to the proposed development.
Former activities at the site include surface infrastructure associated with coal mining operations and
much of the site may have been disturbed by these activities. Therefore there is potential for the
presence of soil contamination associated with these activities. A preliminary contamination
assessment will be provided in accordance with SEPP 55 and relevant DECCW Guidelines, in order to
provide the following information:
• Presence of contaminated soils.
• Additional investigation requirements.
• Remedial measures required, if any, to protect human health and the environment with respect to
the proposed development.
The potential for hazards associated with subterranean gases will also be assessed.
These issues will all be assessed and general guidelines provided for appropriate management of the
issues with respect to the proposed development. For further details refer to Appendix E.
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PRELIMINARY ENVIRONMENTAL ASSESSMENT
7.11 Heritage
A Heritage Impact Assessment (HIA) will be prepared and submitted with the Concept Plan in
accordance with NSW Heritage Office guidelines. The HIA will:
• Address the requirements set out in DECCW’s “Guidelines for Aboriginal Cultural Heritage Impact
Assessment and Community Consultation” and assess the heritage significance of the area.
• Provide detail of how the development will incorporate and not negatively impact on site setting,
landscapes, landmark elements, heritage items, views and vistas.
• Assess the impact of potential development on the historic setting and visual catchment of Minmi
and demonstrate how proposed development is to be integrated with the existing development in
Minmi.
7.11.1 Potential Aboriginal Heritage Impacts
One Aboriginal site is recorded within the north eastern section of the Minmi portion of the study area.
Three other sites are recorded along the southern and eastern boundaries of the Link Road South
portion of the study area. These are all stone artefact sites. Four axe grinding groove sites are also
recording in close proximity to the east of the study area. The potential for Aboriginal sites to occur
around Minmi is considered extremely low due to the extent of disturbance caused by mining,
particularly the open cut mining that was carried out in the early 1950s. There is some potential for
sites to occur within the Link Road portion, particularly along creek lines and in less disturbed areas.
Due to the level of disturbance around Minmi caused by mining it is considered unlikely for Aboriginal
sites to occur on the northern or Minmi portions of the study area. However, the Link Road portions of
the study area and the eastern part of the Minmi study area have some potential for previously
unrecorded Aboriginal sites to occur. A survey will therefore be provided with the Environmental
Assessment to determine if any sites occur in these areas.
7.11.2 Potential Historic Heritage Impacts
Minmi contains several items and places of local heritage value as evidenced by the range of NLEP
2003 heritage listings that apply to the area. The historic character of the town is evidenced by the
mining affected landscape setting and the heritage buildings along Woodford Street, which the
Newcastle DCP 2005 aims to protect in any new development.
The heritage values of Minmi are embodied in the character of the heritage buildings focussed on
Woodford Street and the immediate landscape setting surrounding the township that provides some
evidence of the previous mining activity that occurred in the area for over one hundred years.
The heritage items and places listed under the NLEP 2003 have been included for their role in the
mining history of Minmi and the surrounding region and include former railway alignments and relics.
The Link Road portions of the study area are considered unlikely to contain items or places of potential
European heritage value.
The desk-top literature review and searches indicate that additional survey work to ground truth the
extent of the Duckenfield Colliery Railway and associated archaeological sites and any mitigation
measures that may subsequently be required is needed as part of the Environmental Assessment.
In summary, the Concept Plan has been sensitively designed to address potential heritage impacts of
the proposed development. The design has ensured no impact to built heritage items within the
development footprint. The landscape values have been respected by not encroaching on the ridgelines
and preserving significant views such as to the courthouse. The HIA and Draft Statement of
Commitments that will accompany the Concept Plan will detail mitigation measures to ensure that the
heritage values of the study area in terms of built heritage, historical archaeological heritage and
Aboriginal heritage will be protected and preserved. For further details refer to Appendix F.
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PRELIMINARY ENVIRONMENTAL ASSESSMENT
7.12 Utilities and infrastructure
An Infrastructure Report will be prepared to:
• Identify existing utilities and infrastructure.
• Assess the capacity of utility infrastructure to service the proposed development in conjunction with
existing uses, proposed uses and potential future uses (including fire suppression).
• Demonstrate compliance with the requirements of any public authorities.
• Detail technologies which may reduce the demand or need for servicing or provide for the supply of
sustainable services.
• Identify the types of infrastructure and community facilities required for proposed development and
assess the adequacy of the existing level of infrastructure services and community facilities for each
stage of proposed development.
• Justify any staging of proposed infrastructure works.
Preliminary investigations show that electricity to the site will be reticulated from the existing zone
substation at Maryland and the proposed zone substation at Cameron Park.
The northern portion of the site drains to the Shortland Sewerage Treatment Plant (STP) while the
southern portion of the site drains to the Edgeworth STP. Neither STP has capacity to accommodate
the proposed development hence upgrades to the treatment plants will be required. Further, upgrade
and augmentation to the existing sewer pump stations (SPSs) will be required to accommodate the
development.
The northern portion of the site is located in the Minmi/Maryland Water Supply Scheme while the
southern portion of the site is located within the South Wallsend Water Supply Scheme. Neither
Scheme has incorporated demand from the proposed development hence upgrade works will be
required.
A number of gas mains exist near the development site. It is likely that reticulated natural gas will be
provided to the development.
Key Service Authorities will be consulted as part of the Environmental Assessment to identify and
assess issues relating to:
• Existing infrastructure and capacity.
• Current proposals for upgrade and/or augmentation of existing infrastructure.
• Requirements for infrastructure upgrade/duplication.
• Staging of the proposed development and impacts upon any existing capacity and/or proposed
upgrades to infrastructure.
The Concept Plan will be accompanied by Draft Statement of Commitments which will detail the scope
and timing of contribution for or delivery of necessary infrastructure and other matters. For further
details refer to Appendix G.
7.13 Surface Water and Groundwater Quality
Much of the land within Minmi/Link Road and Stockrington has areas of steep gradient. In addition
drainage catchments discharge at a number of locations from the site. Slopes are highly variable and
generally reflect a terrain that has been modified by past mining activity. The Link Road North site is
located to the south of the existing Minmi village, at the extent of the Hexham Swamp catchment. This
site slopes steeply towards the north. The Link Road South site, located south of Link Road, comprises
more gentle slopes and drains towards the south and Lake Macquarie.
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PRELIMINARY ENVIRONMENTAL ASSESSMENT
The watercourses draining the Minmi and Link Road North sites discharge into Hexham Swamp, a large
wetland system of the Hunter River estuary.
The main channel of Minmi Creek flows to the west of the existing Minmi village area. Back Creek, a
major tributary of Minmi Creek, rises on the Link Road North site, flows north through the Minmi East
Precinct, before entering Minmi Creek just prior to discharging into sensitive receiving environment of
Hexham Swamp. There are a number of additional tributaries on the Minmi East Precinct, discharging
directly to Hexham Swamp.
The Link Road South site gives rise to a number of tributaries, which converge into Brush Creek. Brush
Creek eventually flows through the urban areas of Edgeworth and Argenton and enters Cockle Creek at
the Waratah Golf Club. Cockle Creek flows into the northwest corner of Lake Macquarie.
The Environmental Assessment will deal with climate change and flooding. Flooding of Minmi Creek
and the other tributaries across the site is a risk that needs to be considered and managed. Flooding
will be associated with a number of the tributaries draining towards and through the site. In the lower
reaches, backwater effects from the Hunter River and Hexham Swamp will potentially affect flood risk.
A flood study will define existing flood regimes and would determine flood levels extents, flow velocities.
In particular the flood study will define flooding for the 100-year ARI event to inform development levels
and other infrastructure requirements and the Probable Maximum Flood to define flood liable land and
inform flood evacuation planning. The flood study will be prepared in accordance with the NSW
Floodplain Development Manual 2005 and will consider Climate Change impacts on rainfall peaks and
volume.
A Water Sensitive Urban Design (WSUD) and Stormwater Management Assessment will be submitted
with the Concept Plan which will quantify and identify the management facilities to manage stormwater
from the site, before discharge to the receiving environment. The study will also demonstrate that the
design criteria in appropriate guidelines are met, and present a plan for management of stormwater
runoff.
In addition, the Environmental Assessment will consider the existing groundwater flow regimes on site
and the potential impacts of the proposed development on groundwater flow and quality. For further
details refer to Appendix H and E.
7.14 Sustainability and Ecologically Sustainable Development (ESD)
An ESD Report will be prepared to support the concept plan for Minmi/Link Road and Stockrington. The
report will demonstrate that the project can commit to principles of ESD including water reuse, waste
minimisation, minimisation of energy use and car dependency.
An Energy and Water Savings Action Plan for Minmi/Link Road and Stockrington will also be prepared
to address both energy and water from a householder’s perspective not from a developer’s perspective.
This approach is consistent with Coal & Allied’s development approach, that of selling freehold lots.
The Energy and Water Savings Action Plan will demonstrate that the proposed future 3,300 dwellings at
Minmi/Link Road and Stockrington can achieve BASIX energy and water compliance. For further detail
refer to Appendix I.
In summary, the proposed development of the 520ha of Minmi/Link Road and Stockrington and
dedication of 2,264ha of conservation lands at Minmi/Link Road and Stockrington provides the
opportunity to create new communities for the Lower Hunter region and in doing so, implement key
objectives of the LHRS and LHRCP associated with accommodating sustainable population and
employment growth and environmental outcomes.
7.15 Bushfire
A Bushfire Threat Assessment will be submitted with the Concept Plan, which will demonstrate
compliance with the current version of Planning for Bush Fire Protection and Australian Standard 3959
(Building in Bush Fire Prone Areas). It will also identify ongoing management arrangements of any
proposed Asset Protection Zones (APZs).
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PRELIMINARY ENVIRONMENTAL ASSESSMENT
Minmi/Link Road and Stockrington sites constitute Bushfire Prone Land. Planning for the proposed
dwellings will therefore take into consideration bushfire planning principles to minimise the overall risk to
life and property, consistent with the relevant guidelines and specifications. These principles will be
reflected in the design of the overall Concept Plan with specific measures such as the location and
extent of APZs determined. For further detail refer to Appendix J.
7.16 Acoustic Impact
An Acoustic Report will be submitted with the Concept Plan. The Acoustic Report will demonstrate that
the proposal will be designed, constructed, operated and maintained so that there are no unacceptable
impacts from noise.
Noise emissions from external sources potentially impacting the proposed residential subdivision of the
Minmi/Link Road site include:
• F3 Sydney-Newcastle Freeway – approximately 800 metres west of the site.
• Newcastle Link Road – located to the south of the northern areas of the sites and to the north of the
southern areas of the site;
• Lenaghans Drive – running along part of the north eastern boundary of the site.
• Minmi Road (north) – running through the existing Minmi township and the north eastern part of the
site.
• Minmi Road (south) – running along the western boundary of the southern area of the site.
• Woodford Street – running through the southern and northern parts of the site.
• Summer Hill Waste Management Facility – approximately 200-500m east of the site, directly to the
north east of the northern areas of the site and approx 1 km north of the southern areas of the site.
• Cameron Park Business Park – on the southern side of Newcastle Link Road and west of Cameron
Park Drive and approx 500 metres from the site.
• Mount Sugarloaf Kart Raceway – located approximately 1.3–1.5km from the northern areas of the
sites, and approximately 2.8km from the southern areas of the site.
In addition to external noise sources impacting the site, future residential subdivisions of the Minmi/Link
Road site may potentially impact residences in the existing Minmi Township and proposed residences
that form part of the subdivision. Noise impacts as a result of the site may include:
• Traffic along Woodford Street and Minmi Road (north) as a result of the proposed residential
subdivision. Noise from the additional traffic along Woodford Street and Minmi Road (north) may
potentially affect residences in the existing Minmi Township; and
• Potential noise impact from mechanical plant (air conditioner units, exhaust fans etc) associated
with the proposed residential subdivision onto residences within the subdivision.
These will all be considered in the Environmental Assessment. For further details refer to Appendix K.
7.17 Social Infrastructure
A Social Infrastructure Assessment will be provided to support the Concept Plan. It will identify the
types of infrastructure and community facilities required for proposed development and assess the
adequacy of the existing level of infrastructure services and community facilities for each stage of
proposed development.
A social infrastructure assessment is intended to ensure that the proposed development provides
sufficient support for existing and future households to meet their social needs. Social infrastructure is
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PRELIMINARY ENVIRONMENTAL ASSESSMENT
required in order to create viable and sustainable communities, and services and facilities are critical to
the well-being, health and prosperity of local communities.
The likely scope of a planning agreement and/or developer contributions between Coal & Allied, Council
and other agencies for matters such as community, regional and local infrastructure, public transport
provision, social infrastructure and facilities either onsite or within the LGA will also be detailed. The
social infrastructure report will assist in informing the appropriate provisions or contributions required.
For further details refer to Appendix L.
7.18 Planning Agreements/Developer Contributions
A Draft Statement of Commitments will be prepared to support the Concept Plan detailing the various
contributions, additional studies, etc the proponent commits to undertake in association with the project.
This may involve the implementation of various Voluntary Planning Agreements (VPAs) between Coal &
Allied, NSWG, other agencies and relevant Councils for matters such as community, regional and local
infrastructure. A Draft Statement of Commitments will also provide details of the proposed ownership
arrangements for publicly accessible land including roads, parks, riparian corridors, etc.
7.19 Staging
Consideration will be given to the staging of the proposed development at Minmi/Link Road in the
Environmental Assessment. The number of lots and extent of staging for release areas will be largely
dictated by the service infrastructure requirements as well as responding to market forces.
7.20 Site Suitability
The suitability of the site for the proposed residential development and associated local retail services
will be demonstrated by a range of technical assessments undertaken to inform the proposed rezoning
of the site and Concept Plan design.
Environmental investigations to date demonstrate that all potential adverse impacts of the project can
be sustainably managed, resulting in significant social, environmental and economic benefits.
Notwithstanding this, the environmental, social and economic factors arising from the project will be
addressed in detail in the Concept Plan.
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CONCLUSION
8 Conclusion
In conclusion Coal & Allied request that the Minister for Planning consider listing the subject land at
Minmi/Link Road and Stockrington as a State Significant Site (SSS) on Schedule 3 of the Major
Development SEPP to introduce new zoning and planning controls for the Minmi/Link Road and
Stockrington sites
Under the provisions of Part 3A of the EP& A Act, Coal & Allied formally seek the Minister’s
confirmation that the proposal is to be declared a Major Project and that authorisation be given to
submit a Concept Plan application.
Coal & Allied also request the Director General issue Environmental Assessment Requirements for the
proposal to assist in the preparation of the Environmental Assessment documentation for a Concept
Plan approval and a State Significant Study.
This PEA report has been prepared to provide the Department of Planning with an understanding of the
project and how it satisfies strategic planning policy. As identified in this report, the proposal satisfies a
number of the key directions and actions of the LHRS and Lower Hunter Regional Conservation Plan.
The Minmi/Link Road and Stockrington site will achieve substantial conservation outcomes through the
proposed dedication of 2,264ha of conservation land.
In summary, the proposed Minmi/Link Road and Stockrington project will:
• Conserve in perpetuity key strategic parcels of land that complete long sought-after regional
biodiversity conservation corridors and buffer areas.
• Establish ecological corridors across the site, encompassing riparian corridors, linking Blue Gum
Hills Regional Park and Hexham Swamp.
• Incorporate water sensitive urban design features into the development.
• Protect sensitive riparian corridors.
• Preserve the historic integrity of Minmi.
• Establish a road network that will accommodate the anticipated development and cumulative
regional growth.
• Respect the existing township through the establishment of urban design guidelines for new
housing, addressing proportion, size and landscape elements.
• Provide housing to help achieve the Lower Hunter Strategy dwelling targets to cater for the
predicted population growth for the Region by 2031.
• Increase and improve social infrastructure to meet the demands of the new and existing residents.
In summary, the Minmi/Link Road and Stockrington proposal is of clear significance to the region and
state in terms of its significant delivery of environmental gain from the proposed conservation land
dedication and the implementation of the objectives of the LHRS and LHRCP. For these reasons, we
conclude that there is sufficient planning merit and community benefit for the Minister to consider listing
the site as a State Significant Site, determine that Part 3A of the EP&A Act applies, authorise the
proponent to prepare a Concept Plan application and issue Director General’s requirements.
Minmi PEA final Page 33

CONCLUSION
Minmi PEA final Page 34

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