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Bundeena Safe from New DA Laws?
Thursday, 29 January 2009
Developers in Action
Questions are being raised as to whether the State's new development laws apply to Bundeena Maianbar.

The new laws which simplify the development application process take effect in February. However, Tamsin Clarke from the Bundeena Progress Association is concerned that under the new legeslation DAs can be approved within 10 days by a private certifier and nearby neighbours don't need to be notified in advance. She also worries that neighbours will be notified only after the DA has already been approved with no right of objection.

However, the legeslation does not apply to areas deemed to be environmentally sensitive. In particular, Clause 1.19 states:

1.19   Land-based requirements for exempt and complying development

        (1)  To be exempt development or complying development, the development must not be carried out on land that is an environmentally sensitive area.'


(4)  For the purposes of this clause:

environmentally sensitive area means any of the following:


excluded land identified by an environmental planning instrument means land identified as being any of the following:

    (a)  within a buffer area,

    (b)  a coastal erosion hazard,

    (c)  a difficult site,

    (d)  within an ecologically sensitive area,

    (e)  environmentally sensitive land,

    (f)  foreshore land,

    (g)  within a foreshore building line,

    (h)  within a foreshore scenic protection area,

    (i)  within a protected area,

    (j)  within a scenic area,

    (k)  within a scenic preservation area,

    (l)  within a scenic protection area,

    (m)  within a special area.

Full text of legislation available see NSW State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

Under Sutherland Shire Local Environment Plan 2006 (SSLEP 2006) Bundeena Maianbar along with other specific areas in the Shire were designated as environmentally sensitive. The LEP was developed by Council in consultation with community residents.

For further zoning details refer to Bundeena-Zoning-2006.pdf Bundeena Zoning Map and Maianbar-Zoning-2006.pdf Maianbar Zoning Map

However, Sutherland Shire Council appears to be prepared to ignore it's own  (LEP) which it only approved just two years ago and just regazetted this month. This was highlighted in a recent dispute regarding a noise compliance issue in Bundeena. In a letter addressed to the complainant
Council indicated that the new State Planning Policy 2008 which comes into effect February 27 2009 would override Council's SSLEP 2006.

Some have argued, including committee members of the Bundeena Progress Association that Council is ignoring the environmentally sensitive clause in the new State legislation and that this clause was put specifically put in to give precedence to such areas.  The Bundeena Progress Associationis will be formally writing Council for futher clarification on it's stance on the new laws and there applicablity to Bundeena Maianbar.

To vote in our development poll click here

Select Poll: 

Development in Bundeena is?
Development in Bundeena is?
25   16.56%
   Not enough
47   31.13%
   Too much
79   52.32%

Number of Voters  : 151

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