LEP19/0002 - Planning Proposal - Morgan, Murray and Forsyth Streets

During the public exhibition period, Council received several questions in relation to the proposal and reclassification of community land. In response to these questions, this page has been established to respond to some of these questions.

During the public exhibition period, Council received several questions in relation to the proposal and reclassification of community land. In response to these questions, this page has been established to respond to some of these questions.

  • What is proposed?

    15 days ago
    Classification map

    The proposal intends to change current zoning and development controls of the Wagga Wagga Local Environmental Plan 2010 . Existing development controls in the Wagga Wagga Local Environmental Plan and Development Control Plan already allows a variety of development to occur on the site. The majority of the site is zoned B4 Mixed Use which allows for residential and commercial development across the site.

    The planning proposal includes the following key changes:

    1. Reclassification of community land.

    Council owns the site known as 205 Morgan Street, Wagga Wagga which is currently utilised by community groups including the Wagga Wagga Veteran...

    The proposal intends to change current zoning and development controls of the Wagga Wagga Local Environmental Plan 2010 . Existing development controls in the Wagga Wagga Local Environmental Plan and Development Control Plan already allows a variety of development to occur on the site. The majority of the site is zoned B4 Mixed Use which allows for residential and commercial development across the site.

    The planning proposal includes the following key changes:

    1. Reclassification of community land.

    Council owns the site known as 205 Morgan Street, Wagga Wagga which is currently utilised by community groups including the Wagga Wagga Veteran & Vintage Motor Club and University of the Third Age.

    The Planning Proposal is seeking to change the classification of the site from “community land” to “operational land”. The key outcome of this is to enable Council to consider whether the land is surplus and dispose of the site.

    Council has previously identified that the Wagga Wagga Veteran & Vintage Motor Club would be relocated in the Recreation, Open Space and Community Strategy 2040. This Strategy as the subject of extensive consultation and endorsed by Council in 2018. More information on this is provided in the section that deals with the reclassification of community land and sale of Council owned land.

    2. Rezoning

    The rezoning component of the planning proposal involves the following:

    i) Rezoning of community land from RE1 Public Recreation Zone to B4 Mixed Use Zone.

    ii) Rezoning of 5 residential lots on the south-eastern corner of Morgan Street from R1 General Residential to B4 Mix Use Zone.

    3. Increase the building height restriction.

    A majority of the subject land is currently restricted to a maximum height of 16m metres. Parts of the subject land have no height restriction.The proposal is to introduce a height limitation of 35m across all land that forms part of the proposal.

    4. Remove the floor space ratio.

    Part of the subject land currently has a maximum floor space ratio of 2:1. The proposal is to remove the Floor Space Ratio provisions.

    The proposal includes a high-level visionary concept plan for future development on the subject land.

    The planning proposal, concept plan, previous Council report and minutes of that meeting and the Gateway Determination can be viewed here.


  • What is the process for changing the Local Environmental Plan?

    20 days ago
    Process

    The process for changing the Local Environmental Plan (LEP is known as a Gateway Process.

    There are 6 steps in the process:

    1. Lodgement and preliminary assessment by Council (completed June 2019)
    2. Gateway Determination by the Department of Planning Industry and Environment (completed 2 August 2019)
    3. Community consultation (10 August 2019 to present)
    4. Review of submissions and report to Council for determination.
    5. Council has been granted delegation to make the final determination for this proposal. This means that Council will determine whether the planning proposal proceeds as is, is amended or is refused.
    6. The...

    The process for changing the Local Environmental Plan (LEP is known as a Gateway Process.

    There are 6 steps in the process:

    1. Lodgement and preliminary assessment by Council (completed June 2019)
    2. Gateway Determination by the Department of Planning Industry and Environment (completed 2 August 2019)
    3. Community consultation (10 August 2019 to present)
    4. Review of submissions and report to Council for determination.
    5. Council has been granted delegation to make the final determination for this proposal. This means that Council will determine whether the planning proposal proceeds as is, is amended or is refused.
    6. The making of the plan – if supported, the Local Environmental Plan is published and becomes Law.

    Potential Action

    It should be noted that Council may elect to run an amendment to the Wagga Wagga Development Control Plan to introduce site specific controls for the subject land prior to endorsement of the final Planning Proposal. Development applications seeking to take up the new LEP and DCP controls can then follow. This will also be subject to public consultation. This could occur in response to the issues raised in the submissions and negotiation with the proponents.


  • What will happen next?

    20 days ago

    Prior to preparing a report for Councillor consideration, a community workshop and public hearing will be undertaken.

    After consideration of submissions, the outcomes of the community workshop and the report on the public hearing, a report will be prepared for Council including a recommendation for consideration.

    The recommendation to Council will be informed by community engagement and could result in one of or a combination of the following options:

    • Refusal of all or parts of the proposal
    • Deferral of all or parts of the proposal
    • Approval of all or parts of the proposal

    Prior to preparing a report for Councillor consideration, a community workshop and public hearing will be undertaken.

    After consideration of submissions, the outcomes of the community workshop and the report on the public hearing, a report will be prepared for Council including a recommendation for consideration.

    The recommendation to Council will be informed by community engagement and could result in one of or a combination of the following options:

    • Refusal of all or parts of the proposal
    • Deferral of all or parts of the proposal
    • Approval of all or parts of the proposal
  • What is the purpose of the community workshop?

    20 days ago

    A community workshop has been arranged to provide an opportunity for interested community members and the proponents to engage and discuss the key issues. This facilitated discussion provides an opportunity to better understand concerns and see if they can be resolved or alternatively identify the critical issues for detailed consideration by Council.

    The community workshop is separate to and in addition to the public hearing on reclassification of Council owned land (the public hearing is a statutory requirement).

    The format of the community workshop will provide the opportunity for Council staff to address common and key issues...

    A community workshop has been arranged to provide an opportunity for interested community members and the proponents to engage and discuss the key issues. This facilitated discussion provides an opportunity to better understand concerns and see if they can be resolved or alternatively identify the critical issues for detailed consideration by Council.

    The community workshop is separate to and in addition to the public hearing on reclassification of Council owned land (the public hearing is a statutory requirement).

    The format of the community workshop will provide the opportunity for Council staff to address common and key issues raised.

    The community workshop is scheduled for Tuesday 12 November at 5.30pm Council Chambers located at the Civic Centre on the corner of Baylis and Morrow Streets. The meeting will be open to any interested member of the public and other interested parties. Invitations to all parties who have made a submission will be sent out separately
  • What is the purpose of the public hearing?

    20 days ago

    Council is required to hold a public hearing in relation to the reclassification of Council owned land. This hearing only relates to the site known as 205 Morgan Street, Wagga Wagga and not the remainder of the land that is included in the Planning Proposal.

    The public hearing will only consider the reclassification and not the broader development or planning proposal. Under the Local Government Act, any reclassification of community land must include a public hearing to consider community concerns with respect to the reclassification. Public hearings are facilitated by an independent chair who makes a final recommendation to...

    Council is required to hold a public hearing in relation to the reclassification of Council owned land. This hearing only relates to the site known as 205 Morgan Street, Wagga Wagga and not the remainder of the land that is included in the Planning Proposal.

    The public hearing will only consider the reclassification and not the broader development or planning proposal. Under the Local Government Act, any reclassification of community land must include a public hearing to consider community concerns with respect to the reclassification. Public hearings are facilitated by an independent chair who makes a final recommendation to Council with respect to the reclassification. The independent chair will ensure transparency in considering community concerns.

    The public hearing is scheduled for Monday 18 November 2019 at 10.00am Council Chambers located at the Civic Centre on the corner of Baylis and Morrow Streets. The meeting will be open to any interested member of the public and other interested parties.

  • What is the purpose of a Concept Plan?

    20 days ago
    Concept

    The planning proposal is supported with a high-level visionary concept plan for the site. The intent of the concept plan is to provide an indicative illustration of what the site could look like in future.

    Final designs of buildings, structures, access and parking etc. will come with the submission of a development application(s). To ensure elements of the concept plan are adhered to, Council should they choose to support the Planning Proposal may elect to develop a set of development controls specific and relevant to the site.


    The planning proposal is supported with a high-level visionary concept plan for the site. The intent of the concept plan is to provide an indicative illustration of what the site could look like in future.

    Final designs of buildings, structures, access and parking etc. will come with the submission of a development application(s). To ensure elements of the concept plan are adhered to, Council should they choose to support the Planning Proposal may elect to develop a set of development controls specific and relevant to the site.


  • How will Council ensure development is not significantly different from the Concept Plan?

    20 days ago

    Council may elect to develop and introduce site specific development controls to protect against future development that is not consistent with the Concept Plan. These controls would be contained in the Wagga Wagga Development Control Plan and any subsequent development application will be assessed against it.

    If development controls are required, Council will undertake further consultation on the proposed controls once they have been developed.

    Council may elect to develop and introduce site specific development controls to protect against future development that is not consistent with the Concept Plan. These controls would be contained in the Wagga Wagga Development Control Plan and any subsequent development application will be assessed against it.

    If development controls are required, Council will undertake further consultation on the proposed controls once they have been developed.
  • Why propose more B4 Mix Use zoning?

    20 days ago

    The additional B4 Mixed Use zone for the community land was proposed to provide consistency across the block and facilitate better development outcomes.

    The additional B4 Mixed use for the 5 residential lots is considered an appropriate strategic outcome long term to ensure these lots don’t become isolated within the broader site context. To achieve an integrated design and development of the precinct it is appropriate and practical that the city block has a consistent land use zone applying.

    The additional B4 Mixed Use zone for the community land was proposed to provide consistency across the block and facilitate better development outcomes.

    The additional B4 Mixed use for the 5 residential lots is considered an appropriate strategic outcome long term to ensure these lots don’t become isolated within the broader site context. To achieve an integrated design and development of the precinct it is appropriate and practical that the city block has a consistent land use zone applying.
  • What is the impact on businesses in Baylis & Fitzmaurice Streets?

    20 days ago

    It is not anticipated that the proposed future development will have a significant impact on Baylis and Fitzmaurice Streets.

    The CBD is zoned B3 Commercial Core with the objectives being to provide a range of retail, office, entertainment, community and other suitable land uses that service the needs of the local and wider community.

    The objectives of the B4 Mixed Use zone are to provide a mixture of compatible uses and integrate suitable business, office, residential, retail and other development in accessible locations to maximise public transport patronage and encourage walking and cycling. The key difference is that...

    It is not anticipated that the proposed future development will have a significant impact on Baylis and Fitzmaurice Streets.

    The CBD is zoned B3 Commercial Core with the objectives being to provide a range of retail, office, entertainment, community and other suitable land uses that service the needs of the local and wider community.

    The objectives of the B4 Mixed Use zone are to provide a mixture of compatible uses and integrate suitable business, office, residential, retail and other development in accessible locations to maximise public transport patronage and encourage walking and cycling. The key difference is that the B4 Mixed Use zone permits residential apartment buildings which is not permitted in the B3 Commercial Core zone.

    The residential components of future development of the site will provide additional demand for higher order commercial and retail offerings of Baylis and Fitzmaurice Streets.
  • Will the change in zoning change the market value of properties and then the rates?

    20 days ago

    The impact on property value is not a planning related consideration and cannot be considered as relevant grounds to object to a planning proposal, however the following information is provided in relation to the implications of zoning change and subsequent change of rates.

    1. For properties identified as part of the proposal

    The Valuer General’s Department undertakes the land valuation process for all local government areas. Under section 6A(1) of the Valuation of Land Act 1916 (the Act) the land, assumed to be vacant, has to be valued on its 'highest and best permitted use'. In most cases this is...

    The impact on property value is not a planning related consideration and cannot be considered as relevant grounds to object to a planning proposal, however the following information is provided in relation to the implications of zoning change and subsequent change of rates.

    1. For properties identified as part of the proposal

    The Valuer General’s Department undertakes the land valuation process for all local government areas. Under section 6A(1) of the Valuation of Land Act 1916 (the Act) the land, assumed to be vacant, has to be valued on its 'highest and best permitted use'. In most cases this is based on the current zoning and planning restrictions. Land value is the value of the land only - it does not include the value of your home or other structures and improvements. Once the zoning of the land has been determined, properties are then rated based on use, not necessarily on zoning. If a property has changed zoning, which has then affected the land value but the property remains used for residential purposes, under Section 585 of the Local Government Act 1993, property owners can apply for a postponement of rates. Further information can be provided by Council Rates staff in regards to the postponement of rates.

    2. For properties located in proximity of the planning proposal

    No assessment has been undertaken to determine the implication of the zoning change on the surrounding development. However, one could reasonably expect that the redevelopment of the site over time will have a positive impact on property values in the locality, which could result in a change of rates.

    Questions regarding the current value of a property should be directed to the NSW Valuer General on 1800 110 038 or emailed through to valuationenquiry@property.nsw.gov.au