PART ONE - Campbelltown City Council - NSW Government

More documents

Recommendations

Info

Planning and Environment Committee Meeting 5 April 2011 Page 482.6 Draft Campbelltown (Sustainable City) Dcp 2011 (Volumes 1, 2 & 3) - Stage 4DCP114 includes controls for the removal and pruning of trees. It applies to all land includingprivately owned land. This DCP requires the approval of Council before certain works impactingon trees, are carried out.Summary of current controls under DCP 114 (Trees)DCP 114 includes the following main provisions:A definition of a tree;A list of valid reasons for requesting a tree to be removed or prunedClarification of the tree removal process; andA list of significant trees (significant tree register).(ii)Issues with Current Controls – DCP 114 (Trees)DCP114 (Trees) is now considered to be out of date and suffers a number of shortcomings. Itwas last reviewed and updated in 2002.In summary the following main shortcoming with DCP 114 (Trees) have been identified:There is a need to update the development assessment process to clarify when apermit is needed as opposed to a development application; andLack of tree replacement controls.(iii)Proposed Controls for Trees Management - Draft Part 11 Management of TreesThe following main controls are proposed:a list of detailed and comprehensive definitions;two types of applications: a development application or a permit depending on thenumber and age of the trees to be removed;the introduction of a new policy for tree replacement; anda limit of 5 years for a permit/DA to be valid commencing from the issue date byCouncil.The Significant Tree RegisterCouncil has a Significant Tree Register that is currently part of DCP 114 (Trees). Given that it isintended to transfer the requirements of DCP 114 (Trees) into a new draft Part 11 of the SCDCP,it follows that the Significant Tree Register should also be incorporated into Part 11.However, it is now considered best practice that ‘lists’ or ‘registers’ that are continually updated,are best kept as ‘stand alone’ documents and instead, referred to by EPIs or development controlplans. If such lists and registers are included in either an EPI or a DCP, and are required to beamended, a significant time and resource intensive process would be required including publicexhibition, submissions to the Department of Planning and significant reporting to Council. Astand alone document also allows Council to expediently amend its significant tree register toadd a tree, if Council believes it may be in danger of removal or being damaged.
Planning and Environment Committee Meeting 5 April 2011 Page 492.6 Draft Campbelltown (Sustainable City) Dcp 2011 (Volumes 1, 2 & 3) - Stage 4By keeping documents such as Council’s Significant Tree Register as a ‘stand alone document’,it can be updated as required without the need to undergo a statutory process. Notwithstanding,any establishment and updating of the Significant Tree Register is required to follow a certainprocedure, and any amendment (ie. removal or adding trees) would require the endorsement ofCouncil.Importantly, draft Part 11 Tree Management includes a reference to the Significant tree Register.It requires that any development application or application for a permit to carry out tree worksinvolving an item listed on Council’s Significant Tree Register, will be referred to the HeritageProtection Sub-Committee for consideration and then Council for determination.Council staff has prepared a Nomination and Assessment Process for Inclusion of a nominatedTree(s) on the Significant Tree Register as shown in Attachment 2 of this report.In summary, the proposed procedure would ensure that the owner(s) of nominated trees are:informed of the nomination as soon as possible;provided with the opportunity to make representations to Council concerning thenomination; andgranted the opportunity to address Council’s Planning and Environment Committee(and possibly the Heritage Protection Sub-Committee).The adoption of this procedure by Council will enable staff to utilise it in the future assessment ofnominated significant trees.(e)(i)Draft Part 12 Telecommunication FacilitiesSummary of Existing Legislative Framework for Telecommunication FacilitiesCouncil is the consent authority for telecommunication facilities that require development consentunder the terms of the Environmental Planning and Assessment Act 1979. In NSW, the SEPP(Infrastructure) 2007 and the Commonwealth Telecommunications (Low-impact Facilities)Determination 1997, permit a wide range of telecommunications infrastructure (includingbroadband cabling) to be undertaken without consent from Council.The Commonwealth Telecommunications Act 1997 (Telco Act) provides the framework forregulating the provision of telecommunication services throughout Australia. All licensed carriersmust comply with the Telco Act and the Telecommunications Code of Practice 1997.Schedule 3 of the Telco Act sets out carriers’ powers and immunities from certain State andTerritory laws, and includes a provision that the Minister may determine that a specified facility isa “low-impact facility” under the Telecommunications (Low-impact Facilities) Determination 1997.This Determination was made pursuant to Schedule 3 of the Telco Act, and contains a scheduleof low-impact telecommunications facilities that are exempt from State and Territory laws, andtherefore may be legally constructed without Council approval.State Environmental Planning Policy (Infrastructure) 2007 and State Environmental PlanningPolicy (Exempt and Complying Development Codes) 2008 also permit a wide range oftelecommunication facilities without Council approval. This includes public infrastructure such asbroadband cabling, and certain domestic equipment such as antennae and satellite dishes.
Page 1 and 2: PART ONEReports from the Planning a
Page 3 and 4: Planning and Environment Committee
Page 98 and 99:
Planning and Environment Committee
Page 100 and 101:
Page 102 and 103:
Page 104 and 105:
Page 106 and 107:
show all

PART ONE - Campbelltown City Council - NSW Government

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?