Department of Planning and Environment
SEPP (Planning Systems) 2021
Aboriginal Lands & Northern Beaches
Aboriginal Land Development Delivery
Plan
Independent Planning Review
May 2022
This document may contain confidential and legally privileged information, neither of which are intended to be waived,
and must be used only for its intended purpose. Any unauthorised copying, dissemination or use in any form or by any
means other than by the addressee, is strictly prohibited. If you have received this document in error or by any means
other than as authorised addressee, please notify us immediately and we will arrange for its return to us.
Aboriginal Lands Exhibition
Planning Advice_WSP_Final 2.0
May 2022
SEPP (Planning Systems) 2021 Aboriginal Lands & Northern Beaches Aboriginal land
Development Delivery Plan
Planning Advice
Department of Planning and Environment
WSP
Address line 1
Address line 1
Phone: +0 000-000-0000
Fax: +0 000-000-0000
wsp.com
Rev Date Details
1 13 May 2022 Draft for client review
2 27 May 2022 Final Draft
3 17 June 2022 Final
Name date signature
Prepared by: Linda Rodriguez 17 June 2022
Glossary ................................................................................................. iii
Abbreviations ......................................................................................... iv
Executive summary ................................................................................ v
1 Background ................................................................................ 1
2 Aboriginal Land Planning Framework ..................................... 3
2.1 Aboriginal Land Rights Act 1983 ..................................................................... 3
2.2 State Environmental Planning Policy (Planning Systems) 2021 .................... 3
2.3 Ministerial Direction .......................................................................................... 3
2.4 Development Delivery Plans ............................................................................ 3
2.5 Independent Proposal Review ......................................................................... 4
2.6 Planning Systems SEPP Guideline .................................................................. 4
3 Planning Pathway Overview ..................................................... 5
3.1 Planning Proposal ............................................................................................ 5
3.2 Development Application ................................................................................. 5
4 Summary of Planning Pathway ................................................ 6
5 Exhibition outcomes - key planning implications .................. 7
5.1 Biodiversity and threatened species ............................................................... 8
5.2 Infrastructure .................................................................................................... 8
5.3 Strategic framework and urban development ................................................. 9
5.4 Culture and heritage ......................................................................................... 9
5.5 Bushfire ........................................................................................................... 10
5.6 Open space and recreation ............................................................................ 10
5.7 Waterways ....................................................................................................... 10
5.8 Site suitability ................................................................................................. 11
5.9 Engagement process ...................................................................................... 12
5.10 Policy development process .......................................................................... 12
6 Conclusion ............................................................................... 13
7 Limitations................................................................................ 14
Project No PS131087
Aboriginal Lands SEPP & Northern Beaches Aboriginal land Development Delivery Plan
Planning Advice
Department of Planning and Environment
WSP
May 2022
Page iii
Glossary
Consent authority
Is the organization responsible for approving or refusing development
applications. This could be a local council, a local or regional planning
panel, or the Minister for Planning and Homes.
Development Application
Is a formal application for development that requires consent under the
EP&A Act. A DA is usually made to the relevant local council and
includes standard application forms with supporting technical reports and
plans.
State Environmental Planning
Policy (Planning Systems) 2021
The Planning Systems SEPP identifies State or regionally significant
development and State significant infrastructure including land identified
in a Development Delivery Plan (DDP) for a Local Aboriginal Land
Council (LALC). The SEPP (Aboriginal Lands) 2019 was consolidated
into this SEPP in March 2022.
Development Delivery Plan
Is a document approved by the relevant at the time and is requirement of
the SEPP (Planning Systems) 2021 to provide an overview of land owned
by a LALC and must be considered when carrying out development on
that land.
Environmental Planning and
Assessment Act 1979
Is the key legislation for the planning system in NSW. It establishes the
planning framework for land use decisions in NSW. The EP&A Act also
sets out the way that the community is informed of, and participates in,
planning and development decisions. The EP&A Act establishes a
hierarchy of planning instruments which control development and inform
the assessment and decision-making process for development.
Planning Proposal
Is State led or prepared by a council, landowner or developer to justify
the making of or amendment to a proposed local environmental plan
(LEP) – where the LEP is the principal planning instrument for an area.
State Significant Development
Includes development deemed to have State significance due to its size,
economic value or potential impacts State significant development is
assessed by the Department.
WSP
May 2022
Page iv
Project No PS131087
Aboriginal Lands SEPP & Northern Beaches Aboriginal land Development Delivery Plan
Planning Advice
Department of Planning and Environment
Abbreviations
ALR Act Aboriginal Land Rights Act 1983
BC Act Biodiversity Conservation Act 2016
Council Northern Beaches Council
DA Development Application
DLALC Darkinjung Local Aboriginal Land Council
DDP Development Delivery Plan
DPE Department of Planning and Environment
EIE Explanation of Intended Effect
EP&A Act Environmental Planning and Assessment Act 1979
EPBC Act Environment Protection and Biodiversity Conservation Act 1999
EPI Environmental Planning Instrument
LALC Local Aboriginal Land Council
LEP Local Environmental Plan
LSPS Local Strategic Planning Statement
MLALC Metropolitan Local Aboriginal Land Council
NRNR Natural Resources Access Regulator
PPA Planning Proposal Authority
SEPP State Environmental Planning Policy
WM Act Water Management Act 2000
Project No PS131087
Aboriginal Lands SEPP & Northern Beaches Aboriginal land Development Delivery Plan
Planning Advice
Department of Planning and Environment
WSP
May 2022
Page v
Executive summary
Background
The former State Environmental Planning Policy (Aboriginal Land) 2019 (SEPP) amendment (now
incorporated into the State Environmental Planning Policy (Planning Systems) 2021) and Northern Beaches
Aboriginal Land Development Delivery Plan (DDP) sets up a framework to assist the Metropolitan Local
Aboriginal Land Council (MLALC) understand and realise the potential economic benefit of their land. Six (6)
sites have been identified for considering potential development and inclusion into the Planning Systems
SEPP.
The Explanation of Intended Effect (EIE) for the proposed SEPP amendments and DDP were made available
for public comment on the NSW Government planning portal from 7 February to 21 March 2022. Submissions
received during the consultation period are summarised in the Consultation Outcomes Report, prepared by
WSP Australia (May 2022).
It is also acknowledged that Department of Planning and Environment (DPE) have worked together with the
MLALC and consulted with Northern Beaches Council (Council) during the preparation of the plans.
The DDP and SEPP amendments are the first step in the planning process. Should the DDP be finalised,
planning proposals may then be lodged for the sites authorized for land dealing by members of the MLALC.
Purpose of report
WSP have been engaged by DPE to review the outcomes of the submissions arising from the exhibition,
identify the planning implications and recommended actions which have emerged from the relevant key
themes summarised in the table as follows:
Issues raised in submi
ssions by the community
Proportion of Submissions %
Biodiversity and threatened species
76%
Infrastructure
60%
Strategic framework and urban development
47%
Culture and heritage
41%
Bushfire
31%
Open space and recreation
30%
Climate change
18%
Waterways
12%
Site suitability
12%
Engagement process
8%
Policy development process
7%
WSP
May 2022
Page vi
Project No PS131087
Aboriginal Lands SEPP & Northern Beaches Aboriginal land Development Delivery Plan
Planning Advice
Department of Planning and Environment
These recommendations will help inform the Finalisation Report to be prepared by DPE to support the
implementation of the SEPP amendment and DDP.
It is noted that the proposed SEPP amendment and DDP do not propose or permit development but provide a
LALC with an alternate planning pathway. The majority of the submissions raised concerns that would be
relevant and subject to further investigation as a result of a possible future Planning Proposal and/or
Development Application.
Summary of planning recommendations
Strategic merit
• Any future planning proposal would need to demonstrate sufficient strategic planning merit, including
alignment the relevant priorities, objectives and actions in the Region and District Plan and local
strategic plans as set out in the relevant DDP. In accordance with Clause 9(3) of the Planning
Systems SEPP, the final DDP should be robust in outlining how these matters have been considered
and incorporated to ensure consistency with broader and local strategic planning objectives for the
region.
Site specific merit
• The planning advice notes that planning proposals and subsequent DAs continue to be subject to the
same environmental assessment criteria and legislative requirements as any other proposal at the
planning proposal stage.
• Site specific merit is to be addressed through technical reports to support future planning proposals
and DAs and to ensure that any future development and or change of land use is compatible with the
constraints of the site.
• It is strongly recommended that any environmental assessment is considered in both the planning
proposal and DA stages and strong guidance in terms of adequacy of supporting technical
documentation is provided to ensure the appropriate and efficient assessment by the relevant
Planning Proposal Authority.
• Furthermore, any planned future development will require identification of the relevant funding
mechanism to support additional State and local infrastructure contributions including updates to the
Northern Beaches 7.12 Contributions Plan that applies to the land. This would comprise a
contributions schedule including local infrastructure items, proposed timing/staging of delivery, cost of
land and infrastructure works and assumptions with the planning proposal and supporting reports.
This should be undertaken early in the planning process, i.e concurrent to the preparation of the
planning proposal to enable effective and efficient delivery. In this regard, the DDP should include a
reference to ensure that these sites are well serviced in future.
Consultation
• Exhibition material should be revised, including clarity of maps, to enable more effective consultation
as part of the finalisation of the DDP and SEPP.
• It is also strongly recommended that additional community consultation is undertaken at the planning
proposal stage (pre and post-gateway) to support transparency and enable further community input
into the planning process progression as per the Department of Planning and Environment’s Local
Environmental Plan Making Guideline December 2021
Project No PS131087
Aboriginal Lands SEPP & Northern Beaches Aboriginal land Development Delivery Plan
Planning Advice
Department of Planning and Environment
WSP
May 2022
Page 1
1 Background
On 1 March 2022, the SEPP (Aboriginal Land) 2019 was consolidated into the SEPP (Planning Systems)
2021 (Planning Systems SEPP). The consolidated SEPP identifies State or regionally significant development
and State significant infrastructure including land identified in a DDP for a Local Aboriginal Land Council
(LALC).
The DDP has identified sites suitable for investigation with the intent to facilitate delivery of future land uses
including public benefits such as conservation of sensitive land, provision of community facilities, and
educational programs/activities that promote Aboriginal cultural heritage initially within the Northern Beaches
Local Government Area (LGA).
The EIE outlines a proposal to amend the Planning Systems SEPP to include six (6) sites located in the
Northern Beaches LGA. If approved, the DDP may subsequently be amended to include other MLALC owned
land in the Planning Systems SEPP after further assessment.
The MLALC engaged Gyde Consulting to prepare a strategic assessment of MLALC lands in the Northern
Beaches LGA, consistent with the assistance provided to the Darkinjung Local Aboriginal Land Council
(DLALC) in the preparation of the DDP for their land.
This strategic assessment considered nine (9) sites and examined opportunities and constraints to guide land
use outcomes such as the potential for biobanking, planning proposals and DAs and informed the draft DDP
as requested by the former Minister for Planning and Public Spaces. Three (3) of these sites were determined
to have long-term potential only and were excluded from the DDP.
The assessment concluded that six (6) sites were suitable for one or more of the following options:
• The Lizard Rock is the highest priority with a planning proposal that can be prepared in the short-term
(1-2 years).
• 5 sites are recognised for development potential in the medium term (2-5 years).
• 2 Sites are considered to have biodiversity potential
DPE commissioned a planning consultant with previous experience in the preparation of the Darkinjung DDP
to peer review the strategic land holdings assessment prepared by Gyde Consulting.
The Barr Planning peer review concluded that the assessment appropriately addressed the requirements of
the framework and could be used as the basis for the preparation of a DDP.
In September 2019 the MLALC requested the former Aboriginal Land SEPP be amended to include land
holdings in the Northern Beaches LGA. This process has resulted in a proposal to include six (6) sites in the
Northern Beaches LGA in the Planning Systems SEPP and the preparation of a DDP.
WSP
May 2022
Page 2
Project No PS131087
Aboriginal Lands SEPP & Northern Beaches Aboriginal land Development Delivery Plan
Planning Advice
Department of Planning and Environment
The land audit process and assessment of the planning opportunities associated with each MLALC site
identified the Lizard Rock site as the short term priority as it has the most potential for innovative, culturally
and environmentally sensitive opportunities, and MLALC’s best opportunity to generate an economic return
that will benefit members and the broader community.
The intention is that any opportunities presented on the Lizard Rock site will provide an income stream to fund
the goals identified in the Community Land and Business Plan.
Figure 1 Proposed amendments map provided in the EIE
Source: Craig and Rhodes
The EIE and DDP which was placed on public exhibition and provided a high level overview of the six sites
and sets out the proposed planning pathway to deliver the intended outcomes for each site.
The EIE for the SEPP amendments and DDP were made available for public comment on the NSW
Government planning portal from 7 February to 21 March 2022. Submissions received during the consultation
period are outlined in the Consultation Outcomes Report, prepared by WSP Australia (May 2022). Concerns
expressed in the submissions are summarised in the following emerging themes:
• Biodiversity impacts
• Adequacy of existing infrastructure
• Reduction in cultural and heritage sites
• Effect on roads and traffic
• Bushfire risk
• Reduction in open space and recreational areas
Project No PS131087
Aboriginal Lands SEPP & Northern Beaches Aboriginal land Development Delivery Plan
Planning Advice
Department of Planning and Environment
WSP
May 2022
Page 3
2 Aboriginal Land Planning Framework
This chapter provides a high level of overview of the Aboriginal land planning framework to provide context to
this Planning Advice. A diagram illustrating the planning framework hierarchy is provided in Figure 2.
2.1 Aboriginal Land Rights Act 1983
The Aboriginal Land Rights Act 1983 (ALR Act) was passed by the NSW Parliament to transfer land rights to
the Aboriginal people of NSW as compensation for the loss and dispossession of their land. The ALR Act
recognises the traditional ownership and occupation of the land, and that land is of spiritual, social, cultural
and economic importance to Aboriginal people.
The NSW Aboriginal Land Council and a network of 120 Local Aboriginal Land Councils (LALCs) were
established to acquire and manage land as an economic base for Aboriginal people, laying the basis for a
self-reliant and more secure economic future.
2.2 State Environmental Planning Policy (Planning Systems)
2021
Since the public exhibition of the SEPP (Aboriginal Lands) 2019 amendment and DDP package, the
aforementioned SEPP has been incorporated into the State Environmental Planning Policy (Planning
Systems) 2021. This was undertaken as part of a broader consolidation of numerous SEPPs to simplify the
state planning framework.
The aims of the SEPP are:
a) to provide for development delivery plans for areas of land owned by Local Aboriginal Land Councils
to be considered when development applications are considered, and
b) to declare specified development carried out on land owned by Local Aboriginal Land Councils to be
regionally significant development
2.3 Ministerial Direction
Ministerial Direction 1.2 Development of Aboriginal Land Council land applies to planning proposals for land
mapped under the SEPP. They require consideration of any applicable DDP when Planning Proposals or
development applications are prepared.
2.4 Development Delivery Plans
The DDP sets out the objectives for LALC land including land uses, size and scale of development and
actions to achieve these objectives. DDPs are informed by a land audit, overview of planning opportunities,
and the current LALC community and Land and Business Plans and are approved by members. DDPs provide
the ongoing link between the requirements of the ALR Act, such as preparation of community, land and
business plans, and the planning and development decisions that occur under the provisions of the EP&A Act.
A DDP formally recognises the development pipeline for a LALC and must be considered by planning
authorities in key planning assessment processes including planning proposals and development applications.
WSP
May 2022
Page 4
Project No PS131087
Aboriginal Lands SEPP & Northern Beaches Aboriginal land Development Delivery Plan
Planning Advice
Department of Planning and Environment
It is important to note that the DDP is a high-level strategic document that addresses Chapter 3.2 of the
Planning Systems SEPP (former Clause 9 of the Aboriginal Land SEPP). The DDP looks at the strategic
merits of the site to help understand if there is any potential to develop the whole or a portion of the site and
the type of development considered. The detailed planning, technical studies and assessment of the strategic
and site-specific merits of the proposal are undertaken at the planning proposal stage and DA stage.
2.5 Independent Proposal Review
Planning Circular PS2022-001 establishes an independent review process available to LALC for plan making
decisions. They provide LALCs with the option for an independent body to give advice on proposals for land
that is identified in a DDP and assess any proposal against site-specific and strategic merit tests to determine
if the proposal should proceed.
2.6 Planning Systems SEPP Guideline
The Planning Systems SEPP Guideline prepared by DPE outlines how the Aboriginal planning framework
applies to LALC landholdings. It sets out key processes for LALCs to include their land in the SEPP and the
preparation of a DDP.
Figure 2 Aboriginal Land Planning Framework
Planning Systems SEPP (former
Aboriginal Land SEPP)
Ministerial Direction 1.2
(formerly 5.11) Development of
Aboriginal Land Council Land
Development Delivery Plans Independant Proposal Review
Aboriginal Land SEPP
Guideline
Project No PS131087
Aboriginal Lands SEPP & Northern Beaches Aboriginal land Development Delivery Plan
Planning Advice
Department of Planning and Environment
WSP
May 2022
Page 5
3 Planning Pathway Overview
The following provides a high-level overview of the relevant planning pathway application to the Aboriginal
planning framework pursuant to the provisions of the EP&A Act.
3.1 Planning Proposal
Planning Proposals are to be consistent with an approved DDP. LALCs have the opportunity for an alternate
planning pathway where an independent panel instead of the local council assesses proposals for land
subject to a DDP and determine whether a planning proposal should proceed to Gateway.
3.2 Development Application
Development applications are also to be assessed against an approved DDP. The DA planning pathway is
used for most local development in NSW, with projects ranging from home extensions to medium sized
commercial, retail and industrial developments. Local development is usually assessed by the relevant
council, but can also be determined by District and Regional Planning Panels.
Development is declared regionally significant development if:
• It has a capital investment value (CIV) of more than $5 million. Land identified in the SEPP will be
required to reach a lower CIV threshold
• More than 50 submissions are received after the application is placed on public exhibition
• The development application to the relevant local council has been lodged but not determined within
60 days of lodgement of the application.
WSP
May 2022
Page 6
Project No PS131087
Aboriginal Lands SEPP & Northern Beaches Aboriginal land Development Delivery Plan
Planning Advice
Department of Planning and Environment
4 Summary of Planning Pathway
The following Table 1 provides a review of the proposed planning pathway proposed in the exhibited EIE.
Table 1 Review of recommended actions for audited sites considered in the DDP
Site Potential Land Uses Proposed Actions in EIE
Morgan Rose
Belrose (Lizard
Rock)
Low to medium density residential,
environmental and cultural heritage
conservation, community centre and
recreation uses pending further
investigations.
• Include in Planning Systems
SEPP
• Planning Proposal
• Development Application
Aquatic Drive,
Frenchs Forest
(Site 2)
Recreation and community uses
pending further investigations. Not
authorized for land dealing by members
of the MLALC.
• Include in Planning Systems
SEPP
• Further investigation
• Planning Proposal
Forest Way,
Belrose (Site 4)
To be determined following
environmental investigations Not
authorized for land dealing by members
of the MLALC.
• Include in Planning Systems
SEPP
• Further investigation
• Planning Proposal
Corymbia Circuit,
Oxford Falls (Site 5)
Residential and Environmental
Conservation Not authorized for land
dealing by members of the MLALC.
• Include in Planning Systems
SEPP
• Further investigation
• Planning Proposal
Paxton Street,
Frenchs Forest
(Site 6)
Development application for residential
uses pending bushfire investigations.
Potential land acquisition by Council for
public recreation uses Not authorized for
land dealing by members of the MLALC.
• Include in Planning Systems
SEPP
• Further investigation
Ralston Avenue
Belrose (Site 9)
Employment, recreation, industrial
(urban services) and environmental
conservation uses. Not authorized for
land dealing by members of the MLALC.
• Include in Planning Systems
SEPP
• Further investigation
• Planning Proposal
Project No PS131087
Aboriginal Lands SEPP & Northern Beaches Aboriginal land Development Delivery Plan
Planning Advice
Department of Planning and Environment
WSP
May 2022
Page 7
5 Exhibition outcomes - key planning
implications
As summarised in the Exhibition Outcomes Report prepared by WSP (May 2022), The draft SEPP
amendment and DDP were made available for public comment on the NSW Government planning portal from
7 February to 21 March 2022. During this consultation period, stakeholders and community members were
invited to attend ‘talk to a planner’ information sessions held across two sessions via Teams as well as an
online information session. 100 people took part in these events. Written comment was invited via a survey,
email, webform or post.
A total of 1,132 submissions were received from stakeholders including in government, industry, local
organisations, local councils, environmental organisations, local societies and advocacy groups, along with
individuals from the local community and greater Sydney.
Concerns expressed in the feedback included:
• Biodiversity and threatened species
• Infrastructure
• Strategic framework and urban development
• Culture and heritage
• Bushfire
• Open space and recreational
• Climate change
• Waterways
• Site suitability
• Engagement process
• Policy development process
This review notes that the SEPP amendment and DDP look at the strategic merits of the site to help
understand if there is any development potential on the whole or a proportion of the site. They do not propose
that any development will take place.
Any future planning proposals and subsequent DAs will be subject to the same environmental assessment
criteria and legislative requirements as any other planning proposal and development application and the
adequacy of these considerations has not been considered as part of this review.
It is also important to note that the DDP is a high-level strategic document that addresses Chapter 3.2 of the
Planning Systems SEPP. The DDP addresses the strategic merits of the site to help understand if there is any
potential to develop the whole or a portion of the site. The detailed planning, technical studies and
assessment of the strategic and site-specific merits of the proposal are undertaken at the planning proposal
and DA stage.
The following chapter provides planning recommendations for further consideration which have emerged from
the concerns raised in the submissions.
WSP
May 2022
Page 8
Project No PS131087
Aboriginal Lands SEPP & Northern Beaches Aboriginal land Development Delivery Plan
Planning Advice
Department of Planning and Environment
5.1 Biodiversity and threatened species
Summary of concerns
The majority (76%) of respondents raised concerns about the project’s impact upon the biodiversity of the
area. This feedback spanned a range of concerns, including:
• Preserving the region’s natural environment and bushland character
• Protecting native fauna (including endangered wildlife)
• Protecting native flora (including endangered species of plants)
• Potential contamination of waterways
Planning response
If progressed, reflective of the key concerns raised above, ecological assessment considerations will need to
be considered early in the planning proposal stage and strong guidance in terms of adequacy of supporting
technical documentation (i.e Biodiversity Impact Assessment) should be provided to ensure efficient
assessment by the relevant Planning Proposal Authority (PPA). Where relevant, these assessments should
include an ecological survey of flora, fauna, watercourses and wetlands, significance of impact, any relevant
offsetting (see below), avoidance actions, recommendation and any mitigation measures (if supported).
Where there are acceptable and unavoidable impacts on biodiversity, biodiversity offsets under the
Biodiversity Offsets Scheme (BOS) may be required under the Biodiversity Conservation Act 2016 (BC Act).
Under the BOS, applications for development or clearing approvals must set out how impacts on biodiversity
will be avoided and minimised. The remaining residual impacts can be offset by the purchase and/or
retirement of biodiversity credits or payment to the Biodiversity Conservation Fund. The BOS provides an
opportunity for LALCs to benefit from the land holdings while positively impacting environmental outcomes.
There are two main potential opportunities for LALCs under the Biodiversity Offsets Scheme:
• Support the development of other LALC land holdings by providing the biodiversity offsets credit
required to offset the clearing and/or development of the land holding.
• Create a biodiversity stewardship site to generate offset credits that could be sold to another land
holder who requires credits to facilitate development on their site.
Any significant impacts to nationally and internationally important flora, fauna, ecological communities and
heritage places—defined in the Environment Protection and Biodiversity Conservation Act, 1999 (EPBC Act)
as matters of national environmental significance, will require a referral to the Commonwealth Department of
Agriculture Water and Environment.
Local council biodiversity protection requirements in the LEP and DCP would also apply at the DA stage.
5.2 Infrastructure
Summary of concerns
Concerns relating to infrastructure was a common concern expressed across community members and
stakeholders, with over half of submissions (60%) commenting on the capacity of existing infrastructure, the
cost of upgrading or installing new infrastructure, and the ability to adequately service the sites.
Planning response
Any future planning proposal and DA must provide sufficient documentation to determine accurate
infrastructure requirements to support future development, including utilities, services, roads, recreational and
community facilities etc.
For those sites proposing recreation and community uses, the planning proposal should also be supported by
adequate strategic justification i.e Open Space and Recreational needs assessment to justify the need for
these amenities and benefit for the surrounding community.
Project No PS131087
Aboriginal Lands SEPP & Northern Beaches Aboriginal land Development Delivery Plan
Planning Advice
Department of Planning and Environment
WSP
May 2022
Page 9
Any planned future development will require identification of the relevant funding mechanism to support
additional infrastructure i.e Regional and local infrastructure contributions including updates to the Northern
Beaches 7.12 Contributions Plan that applies to the land. This would include a contributions schedule
including local infrastructure items, proposed timing/staging of delivery, cost of land and infrastructure works
and assumptions with the planning proposal and supporting reports.
This should be undertaken early in the planning process, i.e concurrent to the preparation of the planning
proposal to enable effective and efficient delivery.
5.3 Strategic framework and urban development
Summary of concerns
47% of submissions raised concerns under the theme of strategic framework and urban development. Many
submissions raised concerns with the proposal’s alignment with other planning frameworks such as the
Greater Sydney Region Plan and Councils’ Local Environmental Plans, and urban density. The concerns were
particularly contextualised in relation to the:
• Northern Beaches Local Housing Strategy (Housing Strategy): stating that “development in existing
non-urban areas is not required to meet Council’s housing targets and is not consistent with good
planning principles as established by the Government through its strategic planning framework.” Many
community submissions also cited a direct quote from an email exchange with Northern Beaches
Deputy Mayor Candy Bingham to support this point.
• Northern Beaches Local Strategic Planning Statement (LSPS) – Towards 2040: specifically,
objectives 1 – 4 which concerns the protection of waterways, bushland, biodiversity, scenic and
cultural landscapes, the Metropolitan Rural Area and urban tree canopy.
• Greater Sydney Region Plan (Region Plan)
• North District Plan (District Plan)
Approximately one quarter of all community submissions raised increasing urban density as a concern. This
included the observations such as:
• Urban sprawl can be limited by increasing development in areas that are already zoned for residential
building.
• That the proposal will not address housing diversity and choice in the area.
Planning response
Any future planning proposal would need to demonstrate sufficient strategic planning merit, including
alignment the relevant priorities, objectives and actions in the Region and District Plan and local strategic
plans such as the Housing Strategy and LSPS as set out in the relevant DDP. The final DDP and any future
planning proposal should be robust in outlining how these matters have been considered and incorporated to
ensure consistency with broader and local strategic planning objectives for the region.
It should be noted that a key objective of the SEPP is to help empower local indigenous communities by
supporting LALCs to more readily derive economic, social and cultural outcomes from land acquired through
the ALR Act. This may result in some misalignments with Council local strategies such as Local Housing
Strategies which may not traditionally consider these landholdings for further development.
5.4 Culture and heritage
Summary of concerns
WSP
May 2022
Page 10
Project No PS131087
Aboriginal Lands SEPP & Northern Beaches Aboriginal land Development Delivery Plan
Planning Advice
Department of Planning and Environment
Preserving sites of cultural and heritage significance was a key theme raised in the submissions. 41% of
submissions noted that there was the potential for these to be lost or damaged if the sites were to be
developed, and many submissions requested that a thorough culture and heritage assessment be completed
to determine the extent of existing and other undiscovered Indigenous artifacts and sites in the area.
Planning response
Any future planning proposal must provide sufficient documentation to assess any potential impacts on
existing cultural and heritage values. This assessment would require mitigation measures to reduce impacts
and preserve any heritage or cultural significance. Any future planning proposals and/or DAs may also require
a potential referral to the NSW Heritage Office for items of state heritage and/or archaeological significance.
5.5 Bushfire
Summary of concerns
31% of respondents raised concern regarding the risk of bushfire to people and property within the area. This
was often discussed in the context of climate change, with 17% of submissions discussing this theme and the
potential for more frequent and severe extreme weather events (i.e as result of climate change).
Ingress and egress for emergency services and residents during floods and fires was also a concern for
community members. This included the identification of multiple points where roads can be cut off by either
fires or floods, creating traffic choke points with only one way in and out.
Planning response
If a planning proposal is progressed on land identified as bushfire prone, the appropriate bushfire
management considerations will need to be considered i.e in the form of a bushfire Management Report and
referral to the Rural Fire Service. This is also the case for any future DA.
Any new development on land identified as bushfire prone must also comply with Planning for Bushfire
Protection (PBP) Guidelines and requirements administered by the NSW Rural Fire Service.
5.6 Open space and recreation
Summary of concerns
30% of submissions received viewed the proposed sites as public open space and discussed the importance
of maintaining the sites as such for the community to use for recreation and enjoyment.
Many submissions expressed a desire to see the sites purchased by the State Government and added to
Gadigal National Park or converted into a conservation reserve to allow for recreational activities such as
bushwalking and mountain biking to continue in the area.
Planning response
Any provision for public open space and recreation should be highlighted as a material public benefit in any
future planning proposal to support the merits of the rezoning.
5.7 Waterways
Summary of concerns
12% of respondents raised concerns relating to the potential impact upon local waterways. The addition of
hard surfaces in combination with highly erodible soils was a key issue, with the potential to negatively impact
water flow and quality in creeks and lead to more frequent major flooding events.
Project No PS131087
Aboriginal Lands SEPP & Northern Beaches Aboriginal land Development Delivery Plan
Planning Advice
Department of Planning and Environment
WSP
May 2022
Page 11
A number of submitters viewed the conservation of hanging swamps as being of key importance to regulating
hydrology throughout the region.
Planning response
Impacts on waterways and increased stormwater runoff as result of potential land clearing to accommodate
future development must be considered at both the planning proposal stage and again at the detailed design
stage as part of the development application process.
Any impacts on wetland communities must be assessed under the BC Act and if present, the management of
wetland communities must be given due consideration in accordance with the objectives and principles of
management as contained within the NSW Wetlands Policy (2010), and appropriate management as
determined by NSW DPE - Office of Water in their general terms of approval. This may include but not limited
to the provision of buffers, management of stormwater runoff and maintenance of natural inflows or runoff into
those wetland communities.
In accordance with the Water Management Act (WM Act), development in vicinity to any endangered wetland
communities may require referral to NSW Natural Resources Access Regulator (NRAR) for determination
under the WM Act as a controlled activity. As well as protection, a buffer may be applied to these communities
as specified by the NRAR. This would likely occur at the DA stage.
Local council waterway protection requirements (i.e those provided in the DCP) would also apply at the DA
stage.
See also recommendations under Section 5.1 above, which recommends an ecological assessment including
assessment of waterways.
5.8 Site suitability
Summary of concerns
12% of submissions raised concerns over the suitability of the land identified in the proposal for industrial and
residential development.
Respondents noted that the geographic features of the sites would result in high development costs and
significant flow-on effects across the ecosystem. These included:
• Steepness of gradient and uneven topography, which includes cliffs and rocky outcrops, would require
substantial preparation work and clearing prior to development. This was particularly discussed in
relation to the topography of Corymbia Circuit.
• Instability of ground surfaces and general erodibility of soils would be exacerbated by land clearing
and an increase in hard surfaces and runoff.
Planning recommendations
Any future planning proposal would need to be assessed on its site specific merits, as well as meeting the
strategic merits test.
The detailed planning, technical studies and assessment of the strategic and site-specific merits of the
proposal are also undertaken at the planning proposal and DA stage to demonstrate suitability of the site to
accommodate the proposed development.
WSP
May 2022
Page 12
Project No PS131087
Aboriginal Lands SEPP & Northern Beaches Aboriginal land Development Delivery Plan
Planning Advice
Department of Planning and Environment
5.9 Engagement process
Summary of concerns
8% of community submissions raised concerns related to the engagement process. These included:
• Lack of consultation with expert authorities, such as Rural Fire Service, TransGrid, and Sydney
Water.
• Inadequate notification and promotion of the exhibition documents.
• Insufficient time to respond to provide feedback on the documents.
• No evidence of consultation with local Indigenous community members.
Planning recommendations
Referrals to the relevant agencies such as RFS, Sydney Water and TfNSW should be undertaken at both the
planning proposal and detailed design stage as part of any DA.
Exhibition material should be revised, including clarity of maps, as part of the finalisation of the DDP and
SEPP.
It is also strongly recommended that additional community consultation is undertaken at the planning proposal
stage (pre and post-gateway) to support transparency and enable further community input into the planning
process progression.
5.10 Policy development process
Summary of concerns
7% of community submissions were concerned that the policy development process and relationship between
the Department of Planning and Environment and the MLALC represents a conflict of interest.
Planning recommendations
An independent assessment of any work undertaken by sub-consultants and/or the Department of Planning
and Environment is encouraged to reduce any concerns relating to conflict of interest. These reviews should
be made publicly available to increase transparency.
Project No PS131087
Aboriginal Lands SEPP & Northern Beaches Aboriginal land Development Delivery Plan
Planning Advice
Department of Planning and Environment
WSP
May 2022
Page 13
6 Conclusion
The proposed SEPP amendment and DDP do not propose or permit development but provide an LALC with
an alternate planning pathway. The majority of the submissions raised concerns that would be relevant and
subject to further investigation as a result of a possible future Planning Proposal and/or Development
Application.
Notwithstanding, it is strongly recommended that any environmental assessment considerations are
considered in both the planning proposal and DA stages and strong guidance in terms of adequacy of
supporting technical documentation is provided to ensure the appropriate and efficient assessment by the
relevant Planning Proposal Authority.
Any future planning proposal would need to demonstrate sufficient strategic planning merit, including
alignment the relevant priorities, objectives and actions in the Region and District Plan and local strategic
plans such as the Housing Strategy and LSPS as set out in the relevant DDP. The final DDP and any future
planning proposal should be robust in outlining how these matters have been considered and incorporated to
ensure consistency with broader and local strategic planning objectives for the region.
It should be noted that a key objective of the Planning Systems SEPP is to help empower local indigenous
communities by supporting LALCs to more readily derive economic, social and cultural outcomes from land
acquired through the ALR Act. This may result in some misalignments with Council local strategies such as
Local Housing Strategies which may not traditionally consider these landholdings for further development.
Any planned future development will require identification of the relevant funding mechanism to support
additional infrastructure i.e Regional and local infrastructure contributions including updates to the Northern
Beaches 7.12 Contributions Plan that applies to the land. This would include a contributions schedule
including local infrastructure items, proposed timing/staging of delivery, cost of land and infrastructure works
and assumptions with the planning proposal and supporting reports. This should be undertaken early in the
planning process, i.e concurrent to the preparation of the planning proposal to enable effective and efficient
delivery.
WSP
May 2022
Page 14
Project No PS131087
Aboriginal Lands SEPP & Northern Beaches Aboriginal land Development Delivery Plan
Planning Advice
Department of Planning and Environment
7 Limitations
This Report is provided by WSP Australia Pty Limited (WSP) for Department of Planning and Environment
(Client) in response to instructions from the Client and in accordance with WSP’s proposal dated 1 March
2022
PERMITTED PURPOSE
This Report is provided by WSP for the purpose described in the Agreement and no responsibility is accepted
by WSP for the use of the Report in whole or in part, for any other purpose (Permitted Purpose).
QUALIFICATIONS AND ASSUMPTIONS
The services undertaken by WSP in preparing this Report were limited to those specifically detailed in the
Report and are subject to the scope, qualifications, assumptions and limitations set out in the Report or
otherwise communicated to the Client.
Except as otherwise stated in the Report and to the extent that statements, opinions, facts, conclusion and / or
recommendations in the Report (Conclusions) are based in whole or in part on information provided by the
Client and other parties identified in the report (Information), those Conclusions are based on assumptions
by WSP of the reliability, adequacy, accuracy and completeness of the Information and have not been
verified. WSP accepts no responsibility for the Information.
WSP has prepared the Report without regard to any special interest of any person other than the Client
when undertaking the services described in the Agreement or in preparing the Report.
USE AND RELIANCE
This Report should be read in its entirety and must not be copied, distributed or referred to in part only. The
Report must not be reproduced without the written approval of WSP.
WSP will not be responsible for interpretations or conclusions drawn by the reader. This Report (or sections
of the Report) should not be used as part of a specification for a project or for incorporation into any other
document without the prior agreement of WSP.WSP is not (and will not be) obliged to provide an update of
this Report to include any event, circumstance, revised Information or any matter coming to WSP’s attention
after the date of this Report. Data reported and Conclusions drawn are based solely on information made
available to WSP at the time of preparing the Report. The passage of time; unexpected variations in ground
conditions; manifestations of latent conditions; or the impact of future events (including (without limitation)
changes in policy, legislation, guidelines, scientific knowledge; and changes in interpretation of policy by
statutory authorities); may require further investigation or subsequent re-evaluation of the Conclusions.
This Report can only be relied upon for the Permitted Purpose and may not be relied upon for any other
purpose. The Report does not purport to recommend or induce a decision to make (or not make) any
purchase, disposal, investment, divestment, financial commitment or otherwise. It is the responsibility of the
Client to accept (if the Client so chooses) any Conclusions contained within the Report and implement them in
an appropriate, suitable and timely manner.
In the absence of express written consent of WSP, no responsibility is accepted by WSP for the use of the
Report in whole or in part by any party other than the Client for any purpose whatsoever. Without the express
written consent of WSP, any use which a third party makes of this Report or any reliance on (or decisions to
be made) based on this Report is at the sole risk of those third parties without recourse to WSP. Third
parties should make their own enquiries and obtain independent advice in relation to any matter dealt with or
Conclusions expressed in the Report.
DISCLAIMER
Project No PS131087
Aboriginal Lands SEPP & Northern Beaches Aboriginal land Development Delivery Plan
Planning Advice
Department of Planning and Environment
WSP
May 2022
Page 15
No warranty, undertaking or guarantee whether expressed or implied, is made with respect to the data
reported or the Conclusions drawn. To the fullest extent permitted at law, WSP, its related bodies corporate
and its officers, employees and agents assumes no responsibility and will not be liable to any third party for, or
in relation to any losses, damages or expenses (including any indirect, consequential or punitive losses or
damages or any amounts for loss of profit, loss of revenue, loss of opportunity to earn profit, loss of
production, loss of contract, increased operational costs, loss of business opportunity, site depredation costs,
business interruption or economic loss) of any kind whatsoever, suffered on incurred by a third party.