South Dural Rayepayers Assocn Development

http://hills-shire-times.whereilive.com.au/news/story/the-great-divide-at-dural/

 

The great divide at Dural

 

 

 

South Dural homeowners are begging for their land to be carved up. Picture: PETER KELLY

 

WHILE people from most areas of Sydney resent proposed development near their homes, South Dural homeowners are crying out for their land to be carved up.

 

They know they are sitting on a golden egg that is just waiting to be hatched. Their attitude may be unique in the metropolitan area.

 

Forget “NIMBYs” - the not-in-my-backyard folk.

 

Meet the “IMBYs” of South Dural, armed with space and willing to use it to ease high-rise development stress. And the Times can reveal that, this week, the NSW Planning Department deemed their eagerness worthy of further consideration.

 

Department representatives will meet with the South Dural residents in a month.

 

Three decades ago, when residents like Denis and Helen Durham bought their 2ha block at South Dural, any proposal to carve up this green patch would have been met with outrage.

 

People moved there for space, privacy and tranquillity. Others ran small agricultural businesses, selling plants or stone fruit.

 

But as the years rolled by and urban development sprang up, the residents say the picturesque setting evaporated and the time is now ripe to develop 240ha of rural land bounded by Old Northern, New Line and Hastings roads.

 

“The lifestyle’s gone because we are surrounded by development and factories,” Mrs Durham said.

 

“There are nurseries, preschools, retirement villages and high schools, all within this area that is ... rural.”

 

Farmer John Mesiti moved his business from Dural to Arcadia some time ago and said he has watched the area slip into “disrepair”.

 

Other landowners describe the relatively green patch as “a hole in a doughnut” that’s fast becoming a slum.

 

They want out and, under the auspices of the South Dural Resident and Ratepayers’ Association, have stumped up $130,000 to design their own masterplan for the area. The plan is for some 3000 houses on blocks ranging from 250sq m to 2000sq m.

 

 

http://hornsby-advocate.whereilive.com.au/news/story/meet-the-anti-nimbys-of-south-dural/

 

The IMBYs (or anti-NIMBYs) of South Dural

 

 

 

 

The `IMBYs' of South Dural. Pictures: PETER KELLY

 

more photos

WHILE people from most areas of Sydney are resenting proposed development near their homes, South Dural homeowners are crying out for their land to be carved up.

 

They know they are sitting on a golden egg that is just waiting to be laid. Their attitude could be unique in the metropolitan area.

 

Forget “NIMBYs”, or the “Not In My Backyard” folk.

 

Meet the “IMBYs” of South Dural - armed with space and willing to use it to ease high-rise development stress.

 

And the Advocate can reveal the NSW Planning Department this week deemed their idea worthy of further consideration.

 

Department representatives will meet with the South Dural residents in a month.

 

Three decades ago, when residents like Denis and Helen Durham bought their 2ha block at South Dural, any proposal to carve up this green patch would have been met with outrage.

 

People moved to South Dural for space, privacy and tranquillity. Others ran small agricultural businesses, selling plants or stone fruit.

 

But as the years have passed and urban development has sprung up around them, the residents say the picturesque setting is almost gone and the time is ripe to develop 240ha of rural land bounded by Old Northern, New Line and Hastings roads.

 

“The lifestyle is gone, because we are surrounded by development and factories,” Mrs Durham told the Advocate.

 

“There are nurseries, preschools, retirement villages and high schools all within this area that is ... rural.”

 

Farmer John Mesiti moved his business from Dural to Arcadia some time ago and said he has watched the area slip into “disrepair”.

 

Other landowners describe the relatively green patch as “a hole in a doughnut” that’s fast becoming a “slum”.

 

They want out and under the auspices of the South Dural Resident and Ratepayers’ Association have stumped up $130,000 to design their own masterplan for the area.

 

The plan is for some 3000 houses on blocks ranging from 250sq m to 2000sqm.

 

Bruce Lyon, a South Dural landowner and the managing director of Lyon Group Australia, a property development and management company, said the proposed development would offer “much-needed house and land packages”.

 

“This is an alternative option to high-rise apartments, which we need like a hole in the head,” Mr Lyon said.

 

“Hornsby Council’s housing strategy does not provide for a house on land and where are families supposed to live?

 

“Young people want to buy a affordable home with a backyard.”

 

Mr Lyon said his fellow landowners were delighted the Planning Department’s review of their plan in the past few days delivered positive news.

 

He said the most of his neighbours were looking forward to the meeting in a month.

 

Mr Lyon said “92 per cent” of the residents who own land in the vicinity of the carve-up proposal had invested in the campaign and were “prepared to fund road widening to alleviate traffic congestion”.

 

This was an important issue, he said, as traffic was already chaotic and residents in surrounding suburbs might be concerned about how it would affect their journey times.

 

A Planning Department representative said Hornsby Council would be consulted on the rezoning proposal

 

http://hornsby-advocate.whereilive.com.au/news/story/homes-galore-planned-for-south-dural/

Homes galore planned for South Dural

 

 

 

Could there be thousands of homes in South Dural in the next few years?

 

A proposal by South Dural Resident and Ratepayers Association to turn 240 hectares of rural land into 3000 homes is gathering speed.

 

The proposal to rezone the land bounded by Old Northern Road, New Line Road and Hastings Road was brought to Hornsby Council in 2007, but there were issues to overcome before landowners lodged an application with the State planning department.

 

In January this year, the association lodged its application and yesterday was due to meet with the heads of relevant authorities.

 

Michael Brown from Michael Brown Planning Strategies, who is acting on behalf of the South Dural group, said he thought there was “a fair chance” they would get the land rezoned for urban use.

 

“I don’t think they (NSW Planning) would have asked us to spend this kind of money otherwise,” he said.

 

But he said there was still much work to done and many issues to be addressed.

 

The process could take up to six years and “it’s not as clean cut as walking in and making millions of dollars”.

 

He said upfront costs were significant, but wouldn’t be drawn on the amount spent by landowners to date.

 

A NSW Planning representative said the department was currently assessing the provision of adequate roads, sewerage and power to properties in South Dural in response to the submission.

 

Hornsby Council’s town planners have estimated based on a typical density range of 13-15 dwellings per hectare, there could be about 3000 new dwellings created.

 

And if the rezoning is approved, the number of new dwellings to be built as part of the council’s Housing Strategy could be revised.

 

http://www2.hornsby.nsw.gov.au/ebp/ebp2007.nsf/21097a8176941d6e4a2564600016add3/03fbba94d3fa0ac4ca25730e00066cd8?OpenDocument

 

The Shire of Hornsby

 

Executive Manager's Report No. PLN181/07
Planning Division
Date of Meeting : 18/07/2007

 




Item No: Subject:

 

12

REZONING REQUEST OF LAND IN THE SOUTH DURAL AREA

 

 

 

 


EXECUTIVE SUMMARY

The rural precinct bounded by Hastings Road, Old Northern Road and New Line Road and known as South Dural, has been the subject of a number of reports to Council since 1990, when Cloudgard Pty Ltd submitted a report promoting the rezoning of the land from Rural to Residential. The precinct had been the subject of numerous submissions and applications seeking rezoning since this time.

On 4 April 2007, a Mayoral Interview was conducted with representatives of the South Dural Residents and Ratepayers Association Incorporated. At the interview, the proponent presented a preliminary land capability report seeking Council’s endorsement to undertake an assessment of the land within the South Dural precinct for urban purposes. This report confirms the agreed position reached at the interview that direction would be sought from Council concerning consideration of the preliminary capability report.

This report does not present a comprehensive and detailed analysis of the implications of rezoning the precinct to enable urban development. Instead, it provides a commentary on the general planning direction and issues relevant to the precinct at a macro level. Similarly, the rezoning proposal by the proponent principally addresses the strategic issues and does not provide detailed designs or information sufficient to provide definitive conclusions on the implications of rezoning the precinct to permit urban development. Should Council consider that investigation of rezoning of the precinct would be appropriate, at a strategic or macro level, it would then be appropriate to prepare a comprehensive local environmental study addressing the implications of rezoning and incorporating a detailed Masterplan for the site.

The South Dural precinct is currently zoned part Rural BA (Small holdings – Agricultural Landscapes) and part Environmental Protection B (River Catchment) under the Hornsby Local Environmental Plan 1994 (LEP 1994). Any review by Council of the precinct should be undertaken in the context of the Rural Lands Study (RLS), the Rural Resource Study (RRS), the Hornsby Shire Housing Strategy (HSHS) and the Employment Lands Review as well as the DOP’s Metropolitan Strategy and subregional Plans, all of which will inform the preparation of Hornsby Shire’s new comprehensive LEP.

Council has previously considered the future of South Dural as part of both the RLS and the HSHS. The most recent report to Council addressing submissions received during the exhibition of the RLS provided a detailed assessment of the suitability of South Dural for urban purposes. Council considered the report at its meeting on 2 December 1998, and resolved (in part) that:

 

1. Council not support the rezoning of the South Dural precinct to permit urban development for the following reasons:-

 

* It would be inconsistent with the State Government’s “Compact City” strategy and the concentrated housing model embodied in the Hornsby Shire Housing Strategy.
* The land has environmental constraints.
* The current infrastructure is unable to readily accommodate the development of the precinct without significant upgrades.
* The likely site densities would be inconsistent with the State Government’s Metropolitan Strategy.
* There is a low priority to provide additional land in the high priced sub-market given existing land supplies in the North West Sector.
* The existing and potential agricultural productivity of the area would be lost.
* The scenic qualities of the area would be compromised.
* The urban development of the precinct may likely result in further deterioration of the water quality of Berowra Creek.
* The area is poorly serviced by public transport and therefore the urban development of the area would place an additional reliance on private motor vehicles with consequent impacts on air quality and the road network.

 


The preliminary land capability report submitted in support of the application is of a basic nature and does not provide adequate information or documentation sufficient to enable definitive conclusions to be reached on the implications of rezoning the precinct for urban uses. Nor does the rezoning submission present new documentation or information, sufficient to warrant Council reviewing its previous decisions not to rezone the land.

The submission seeks to have the land “released” and placed on the Metropolitan Development Program (MDP) to enable its development for urban purposes including residential and neighbourhood retail activities. The proponent’s perception that this rural precinct is available for “release” is inconsistent with State, regional and local planning strategies which state that rural lands “are not lands ‘in waiting’ for urban development”.

The submission comments that the current low level of agricultural activity within the precinct justifies the rezoning of the rural land. The agricultural capability of the South Dural precinct is evident from its former use for agricultural production. In its review of the precinct, the RLS noted that although little agriculture was being undertaken within the precinct at that time, this was partially due to speculation over the possible rezoning of the land to permit urban development. The RLS noted that current economies of agricultural production may dissuade owners from undertaking agricultural production on rural land in the short term, but that rezoning rural land to allow urban development would irreparably alienate the land from agricultural production forever.

The capability report does not acknowledge the significant local and regional contribution provided by rural lands, South Dural in particular, in respect of landscape setting, visual amenity and biodiversity. The bushland within the South Dural precinct represents the western most remnants of these ecological communities within Hornsby Shire and provides a valuable connection to other areas of bushland to the east, in the Berowra Valley Regional Park and to bushland west, in Baulkham Hills Shire. As such, South Dural plays a valuable role in linking the wildlife corridors between Hornsby Shire and Baulkham Hills Shire.

In particular, the structure plan accompanying the report does not address the presence of significant pockets of remnant Blue Gum High Forest and Sydney Turpentine Ironbark Forest within the precinct and only identifies for protection vegetation contained within the Environmental Protection zone. Both ecological communities are listed as endangered under Schedule 1 of the Threatened Species Conservation Act 1995 (TSC Act) and the Commonwealth's Environment Protection and Biodiversity Conservation Act 1998. The Blue Gum High Forest is also listed as Critically Endangered under the TSC Act. The majority of these remnants are located outside the Environmental Protection zone. The proponent’s structure plan does not make provision for either the retention of these endangered communities or for the mitigation of impact upon these communities and proposes the construction of dwellings, roads, active reaction areas, medium density villages and primary school sites within those areas containing threatened species.

The report suggests that the release of South Dural would address, in part, Council’s dwelling targets under the DOP’s Metropolitan Strategy. The Metropolitan Strategy however, has not identified for Hornsby Shire a priority to provide additional land in the high priced sub market given existing land supplies in the north-west sector and it is anticipated that this precinct would address this market.

In response to the requirements of the Metropolitan Strategy, Council has resolved to review new precincts for higher density housing in an approach consistent with the criteria contained within the Stage 1 and Stage 2 Reports of the Hornsby Housing Strategy. The Housing Strategy criteria aim to improve housing choice and increase housing densities in established urban areas which contribute to the concept of the compact city and which maintain the existing urban/rural boundary. The rezoning of South Dural is inconsistent with this approach. South Dural has been previously considered by Council in respect of the Stage 1 and Stage 2 criteria of the HSHS, concluding that the South Dural precinct does not satisfy the selection criteria embodied in either stage.

Council’s Housing Strategy, is aimed at providing housing choice and housing affordability through multi-unit housing. The HSHS aims to provide smaller dwellings which would be more affordable. Affordability is difficult to achieve through the release of new urban sites within Hornsby Shire as new detached dwellings in the greenfield environment are constructed for the middle and high priced sub market. Residential development at South Dural would likely be aimed at the high priced sub-marked, which would not represent affordable housing. The remoteness of the precinct from existing services and facilities and its associated reliance on private cars, also mean that development within the precinct would be inappropriate to meet the State Government’s Metropolitan Strategy housing targets for aged and disabled persons.

The submission of the compatibility report to Council is the ninth proposal since 1990 to rezone the precinct for urban purposes. Council is aware of the negative impact on residents from the continued speculation created each time another submission is made to Council. For this reason, Council’s resolution in 1998 not to rezone the precinct sought to provide certainty that the precinct will remain rural for the next 20 years in accordance with Council's RLS. Council intention to provide this certainty to all South Dural residents was communicated in September 1998 when it resolved to:

 

Notify in writing all residents of South Dural of the determination of Council with regard to the Housing Strategy and findings of the Rural Lands Study, and the Minister for Urban Affairs and Planning's support for opposing the South Dural development.

 


Accordingly, this report recommends that the Council not undertake a review of the potential of rezoning South Dural for urban uses for those reasons provided in this report.

PURPOSE

The purpose of this report is to:-

 

a) provide to Council the background and recommendations of previous studies and reviews relevant to South Dural; and
b) provide Council with information that will enable Council to make an informed decision concerning its consideration of the submission seeking investigation of the rural land at South Dural for urban purposes.

 

BACKGROUND

The precinct bounded by Hastings Road, Old Northern Road and New Line Road and known as South Dural, has been the subject of a number of reports to Council since 1990 when Cloudgard Pty Ltd submitted a report promoting the rezoning of the land from Rural to Residential.

In 1990 a submission was received by Council requesting release of the rural land for urban purposes. The rezoning submission was evaluated by a Release Area Management Committee, comprising representatives of the Department of Planning, Water Board, other State Authorities, Baulkham Hills Council and Hornsby Shire Council. The Committee identified a number of constraints to the development of the precinct, including inadequate sewerage facilities. The Committee also identified a number of deficiencies in the proponent’s submission and support for the proposal was denied.

On 6 December 1994, Council received correspondence from Cloudgard Pty Limited. The correspondence requested preparation of a LEP for the urban development of the land and requested Council place the precinct on the Urban Development Programme. The request was accompanied by a number of environmental studies.

On 7 March 1995, Council received further correspondence from residents requesting the rezoning of South Dural. The request provided information relating to ownership in the precinct and provided owner’s consents and agreement to the rezoning.

On 26 April 1995, Council considered Executive Manager’s Report No. DV/112-95 advising Council of the receipt of a rezoning submission for the South Dural precinct. The submission included a number of studies addressing deficiencies in the original 1990 submission. The report to Council noted that the South Dural precinct had been the subject of a number of reports to Council since 1990 promoting the rezoning of the land from Rural to Residential. Council resolved that:

 

1. Council not accept the offer by Cloudgard No. 135 Pty Limited to fund an environmental study of the lands at South Dural bounded by Old Northern Road, Hastings Road and New Line Road.

 

2. Council inform Cloudgard that it does not intend to rezone these lands from Rural to Residential for the following reasons:-

 


- The questionable ability of the Water Board to adequately service all but a small portion of the land (and that small portion under the control of Cloudgard) with this limited ability to service being to the detriment of the many other landowners in the area.

- South Dural is not on the Urban Development Program.

- The impact of this proposal on the water quality of the Berowra Creek Catchment area.

- Significant development constraints – fragmented ownership and proliferation of existing houses.

- South Dural is not an “infill” area but rather, a viable green buffer to suburbia and to Hornsby’s productive agricultural lands.

- Excessive traffic generation and limited public transport.

- Adverse impact on air quality.

- Uncertain demand for additional urban land in South Dural.

 


On 4 July 1996, Council received a copy of correspondence provided from the then Department of Urban Affairs and Planning to Cloudgard Pty Limited. The Department advised:

 

As indicated at this meeting, the Department of Urban Affairs and Planning is of the view that the land at South Dural is likely to have future urban potential because of its strategic location adjoining existing urban areas. However, if and when the land could be considered for inclusion on the Urban Development Program (UDP) will be determined by a number of considerations, including:

 

- the findings and subsequent determination of the current environmental impact statement (EIS) into sewage treatment and disposal within the Berowra Creek catchment;
- the ability of any future development to be in accordance with the expectations regarding water quality which were elaborated in the ‘Statement of Joint Intent’;
- the prevailing need for residential land to be added to the UDP and/or the particular housing benefits which may accrue from inclusion of the South Dural lands;
- a favourable economic appraisal (which would include consideration of existing agricultural uses), substantiating the relative benefit/cost to the State Government; and
- the ability of any rezoning to satisfy other environmental considerations such as the Threatened Species Conservation Act 1995 or servicing constraints.

 

On 2 August 1996, Council received a submission from Cloudgard Pty Limited in respect of the RLS. The submission sought support for the rezoning of the South Dural precinct from urban to residential as part of the RLS.

On 31 October 1996, a Mayoral Interview was conducted with proponents of the South Dural rezoning proposal, the Mayor, and some Councillors. A concept plan for the urban development of South Dural was presented. It was agreed that a response to the South Dural proponents would be provided from Council following circulation of the concept plan to all Councillors for consideration and discussion.

In a letter dated 6 February 1997, the Mayor advised Cloudgard that, as a result of the circulation of the plans to all Councillors, that:

 

From these discussions, it is apparent that Councillors generally do not support rezoning of the South Dural area for urban development ...

You will appreciate that Council has demonstrated its commitment to retain the urban boundary of the Shire at Hastings Road. You will also appreciate that the decision on the zoning of the land at South Dural rests with Council and that the Department of Urban Affairs and Planning has no intention to rezone the area to allow its urban development.

Accordingly, the lodgement of a further rezoning submission (including a more comprehensive analysis of your land capability report) is not recommended whilst Council considers that the urban boundary should remain at Hastings Road.

 

On 14 May 1997, a Mayoral Interview was conducted at the request of Capcount Australia, representing landowners in the South Dural precinct. Capcount representatives and their planning consultants made a presentation to Council and Council officers on the proposed rezoning of the land at South Dural.

Council at its meeting on 2 July 1997, considered Executive Manager’s Report No. PLN208/97 providing a review of comments, legislative changes and Council submissions associated with the Rural Lands Study. The report was one of a number of reports dealing with the content and issues raised in submissions regarding the RLS. The report addressed the submission by Cloudgard Pty Limited and the presentation by Capcount as well as a number of other submissions received during the RLS preparation. Council was also advised that, as part of its submission, Cloudgard requested that a public hearing be held in accordance with Section 68 of the Environmental Planning and Assessment Act. Council resolved, in part, that;

 

2. A public hearing, in terms of Section 68 of the Environmental Planning and Assessment Act 1979 not be held.

 

On 3 March 1998, Council received correspondence from the South Dural Residents Group requesting the rezoning of the South Dural precinct from rural to urban.

 

........................................................continued....