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Our Reference: TRIM No. 4985 CS:CMG Mr David Shoebridge Member of NSW Legislative Council Parliament House Macquarie Street SYDNEY NSW 2000 By email: [email protected] 12 February 2015 Dear Mr Shoebridge, PLANNING PROPOSAL – 55 MACQUARIEDALE ROAD, APPIN. I refer to your correspondence dated 30 January 2015 regarding Council’s assessment of the above-mentioned Planning Proposal. The following response is provided to the specific matters raised in your correspondence: Illegality of providing proposed public roadway on the parcel of community land known as
“Gordon Lewis Reserve”.
Since 1995, the Roads and Traffic Authority (now the Roads and Maritime Services) have examined options for a proposed bypass for Appin. A copy of a Community Newsletter date September 1996 in attached to this letter. In December 2006, land immediately north of the Macquariedale Road precinct was rezoned. To advance the planning work for the proposed bypass, a section of land was zoned SP2 Infrastructure. The Appin bypass concept was also endorsed by Council in the draft 2011 Growth Management Strategy for the local government area. In terms of the Macquariedale Road Planning Proposal, Council continues to plan for the bypass. The route of the bypass, developed in consultation with Roads and Maritime Service, will affect a small portion of the Gordan Lewis Reserve. A plan of the current land zoning map and proposed land zoning map showing the alignment of the bypass through Gordon Lewis Reserve is attached to this letter.
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Council is aware of the relevant provisions of the Local Government Act 1993 (Section 47F) relating to the dedication of community land as public road. At this point in time Council is not proposing to ‘dedicate’ the land as a road. Rather Council is carrying out the planning work for a currently unfunded project. The classification of the Reserve as Community Land does not prevent Council from rezoning the land for recreational, infrastructure or environmental conservation purposes.
The clear requirement for Commonwealth approval under the Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act) prior to any consideration of the rezoning of the land on which the critically endangered Cumberland Plain Shale Woodlands and Shale Gravel Transition Forest is found.
Council is aware of the status of the ecological community and its state and federal listing. In terms of the state listing, the Proponent is preparing the required documentation to secure the necessary approvals from NSW Office of Environment & Heritage under the Threatened Species Conservation Act 1995 (TSC Act). The Proponent has elected to lodge a Bio-Certification proposal to secure the necessary approval. Council has a role to play in this process. In terms of the federal listing, the Proponent intends to make a Referral Application under the Commonwealth EPBC Act following adoption of the Bio-Certification proposal. Approval under the Bio-Certification provisions of the TSC Act is an important initial step supporting the Proponent’s application to the Commonwealth.
Please note that Council has endeavoured to be open and transparent when responding to the concerns raised by Appin residents. In this regard your attention is drawn to Council’s website which outlines our response to a number of enquiries from the community. The information can be accessed via the following link: http://www.wollondilly.nsw.gov.au/planning-wollondillycd/strategic-planning-wollondilly/1164524-macquariedale-road-appin-planning-proposal-further-information A copy of this letter will be uploaded onto Council’s web page. Should you wish to discuss the above in more detail please contact me on (02) 4677 1159. Yours faithfully
Chris Stewart DIRECTOR PLANNING
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Attachment: Appin Road Corridor Study – Community Newsletter No.3
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Attachment: Current and Proposed Land Zoning Map
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