CURRENT STSTAUS: Amendment 64 to WLEP 2010 was notified on the NSW Legislation website on Friday 23 September 2022. The purpose of the amendment was to amend Schedule 1, Item 28 in the Wingecarribee Local Environmental Plan 2010 regarding the Welby Garden Centre site to include Lots 1, 2, 3, 8, 9 and 10, Section 6 DP 759070, Lot 1 DP 1006005 and Lot 2 DP 1019107, Old Hume Highway, Welby and add garden centre, community facility and light industry as additional permitted uses (in addition to the existing additional permitted uses of landscaping material supplies and plant nursery) (PP-2021-3571).

The Agenda and Minutes of the Local Planning Panel of 3 August 2022 may be found on Council’s website here.

The Agenda and Minutes of the Ordinary Council Meeting of 17 August 2022 may be found on Council’s website here.

BACKGROUND: On 21 April 2021 the Interim Administrator resolved to proceed with a Planning Proposal to amend the Wingecarribee Local Environmental Plan (WLEP) 2010 to rezone land known as the Welby Garden Centre from R2 Low Density residential to B5 Business Development.

On 8 June 2021 the NSW Department of Planning, Industry & Environment issued a Gateway Determination to progress the Planning Proposal to public exhibition.

The Planning Proposal was placed on public exhibition from Wednesday 10 November to Friday 10 December 2021. No formal submissions were received.

During the exhibition period the Department advised Council that it was undertaking an Employment Zones Reform which would result in the replacement of the current Business and Industrial zones with a new suite of Employment zones, some of which would be an amalgamation of current zones into a new Employment zone. In the case of the Welby Garden Centre, the previously proposed B5 Business Development zone would become the E3 Productivity Support zone with objectives and a land use table more reflective of the current B7 Business Park zone rather than the B5 Business Development zone.

In view of this, and the fact that the subject land is surrounded by residential development, Council amended the Planning Proposal to utilise the provisions of Schedule 1 of WLEP 2010, rather than to rezone the land. Schedule 1 enables certain additional land uses to be permitted with consent on a site without changing the zoning of the land.

A report and an amended Planning Proposal were endorsed by the Interim Administrator on 16 March 2022, resulting in an amended Gateway as follows to enable those additional land uses sought:

To amend Schedule 1, Item 28 in the Wingecarribee Local Environmental Plan 2010 regarding the Welby Garden Centre site to include Lots 1, 2, 3, 8, 9 and 10, Section 6 DP 759070, Lot 1 DP 1006005 and Lot 2 DP 1019107, Old Hume Highway, Welby and add garden centre, community facility and light industry as additional permitted uses (in addition to the existing additional permitted uses of landscaping material supplies and plant nursery).

The amended Planning Proposal was exhibited in accordance with the Gateway requirements and no formal submissions were received.

EXHIBITION DATES: The Planning Proposal and supporting documentation was on public exhibition from Thursday 9 June 2022 to Monday 11 July 2022, inclusive.

LEARN MORE: The public exhibition documents (including the Planning Proposal and supporting documentation) are still available for viewing in the Document Library.

MAKE A SUBMISSION: Written submissions have now closed.

PLANNING PROPOSAL REFERENCE (DEPARTMENT OF PLANNING AND ENVIRONMENT): PP-2021-3571

DELEGATION: It is noted that Wingecarribee Shire Council remains authorised to exercise the functions of the Minister for Planning under Section 3.36 of the Environmental Planning & Assessment Act 1979 with regard to this Planning Proposal.

FURTHER INFORMATION: If you have any questions, you may Ask a Question on this website or contact the Strategic Outcomes team by email mail@wsc.nsw.gov.au or telephone 02 4868 0888.