Open Spaces LEP

Link to Randwick City Council Draft LEP Open Spaces– This is on exhibition until 29 July 2011. Written submissions or comments should be mailed to the General Manager,Randwick City Council,30 Frances Street,Randwick NSW 2031 or Emailed to:

Key Points:

Road Reserves sites are proposed to be zoned RE1 Public Recreation eg. land bordering Bunnerong Road (East side) from Chifley Reserve through to Anzac Parade. Part of one block 1289 Bunnerong Road intrudes but recommendation is for land to be zoned residential.

The La Perouse Aboriginal Land Council owns a number of land parcels, mainly located in Philip Bay (the Hill 60 area), Little Bay (Jennifer Street holdings) and La Perouse (Elaroo Avenue holdings). A detailed planning review will be required of the land owner on these land holdings to identify the most suitable land uses, zones and planning provisions. An application to the NSW Government Planning Acceleration Fund has been sought and granted to assist the Land Council in undertaking the planning review work, with the funding available in late 2011. Pending this, the current zones of these sites should therefore be translated to the equivalent Standard Instrument zones in the Comprehensive LEP and amended where suitable after the detailed planning review is completed.
The Elaroo Avenue site includes land currently zoned 6A (Open Space), as shown in Figure 3.10. This Paper recommends that the proposed zoning and land uses be consistent with the surrounding uses while maintaining the access to the foreshore open space. The site has been remediated to a residential standard, recognising its suitable future uses for residential development. The zoning options will be further investigated in the detailed planning review and in discussion with the La Perouse Aboriginal Land Council as land owner.


The Jennifer Street holdings, with an area of about 11,400 m2, are currently zoned 2B (Residential B). This unoccupied land contains a significant amount of ESBS and the ESBS buffer zone, as identified by the Office of Environment and Heritage (requiring more detailed investigation and confirmation). The consideration of suitable zone/s should protect the valuable natural vegetation on the site.


CHINESE MARKET GARDENS – 1-19,21-39 Koorooera Ave, 1002-1100 Bunnerong Road & 1R Kooringai Ave – Council recommendation:
Due to its uniqueness in terms of local food production, biodiversity, heritage and scenic values, the site is proposed to be rezoned RU4 Primary Production Small Lot to preserve the primary agricultural use on the site, while protecting the State significant heritage and scenic character of the land.



Former UNSW site (1406R, 1408, 1412R Anzac Parade, Little Bay)
The site is located on the eastern side of Anzac Parade at Little Bay and currently zoned 5 (Special Uses) under RLEP, see Figure 3.15. The land, with a total area of 17 ha, was formerly owned by UNSW and previously used for sporting fields and research purposes. The site is partially covered by the Prince Henry heritage conservation area and contains 0.62 ha of ESBS remnants and a registered Ochre Site currently harvested by Aboriginal communities. In 2007, the site was subdivided into three lots referenced as Lots 10, 11 and 12 in DP 1127716. In 2008, Lots 10 and 11 were sold while Lot 12 remains in the ownership of UNSW.
Lot 10 (11.42 ha) – A Staged DA (DA/264/2007/1) has been approved to develop Lot 10 into a residential area with associated building envelopes, car parking and open space. The rezoning issues of the residential lots in Lot 10 will be addressed in the Residential Discussion Paper. Two open space lots in Lot 10 (as outlined in Figure 3.16) will be discussed in this Paper.
Lot 11 (2.17 ha) – Lot 11, located in the centre of the former UNSW site, consists of an existing creek corridor and Ochre/Miocene site. The Ochre Site is a protected Aboriginal site under the NPWS Act 1974.
Lot 12 (3.41 ha) – Lot 12 contains the majority of ESBS remnants on the site (see Figure 3.17, a small portion of the ESBS is located on the eastern edge of Lot 10) and forms part of the adjoining golf course under a 99-year lease from UNSW.

Bunnerong Road Site, Chifley

Three Options with Option 3 recommended: Option 3: The sites contain a significant amount of ESBS and Acacia terminalis ssp. terminalis, but not across the whole area. Therefore, a third option is to zone the whole site generally as RE1 (Public Recreation). This is a preferred solution, as a Public Recreation zoning not only enables and encourages the future uses of the site for public recreation purposes, but also protects the valuable natural vegetation on the sites. The sites, in conjunction with a strip of unzoned road reserve areas to the south (as mentioned above on Page 30), would formulise a 1.8km open space corridor for a cycle/walkway extension and a ‘green link’ to the open spaces to both the north and the south, with a consistent zoning throughout this network

Department of Lands Property – 16R Jennifer Street to go from Residential 2A to Public Open Space

Additional uses
Four sites zoned 6A (Open Space) or 6B (Private Open Space) are also permitted for additional uses including part of 69R Military Road, Matraville (land adjacent to Botany Cemetery) – development for the purpose of a stonemasons yard for use in conjunction with the Eastern Suburbs Memorial Park.

Habitat Corridors
The following habitat corridors in the La Perouse Precinct have been identified for the City in the Biodiversity Strategy:
Endeavour Avenue at La Perouse.

A significant portion of this habitat corridor takes in 4 golf courses and the Botany Bay National Park extending from Malabar to La Perouse.

The Botany Bay corridor – it connects to the coastal corridor and takes in the bushland at Chifley and the market gardens at Yarra Beach through to the market gardens in Wassell Street.

Prince Henry Site. Around 5 ha of the Prince Henry Site at Little Bay is zoned 7 (Environmental Protection) under the RLEP. The site contains 4 patches (or 3.8 ha) of ESBS remnants in varying condition – Prince Henry Site. Around 5 ha of the Prince Henry Site at Little Bay is zoned 7 (Environmental Protection) under the RLEP. The site contains 4 patches (or 3.8 ha) of ESBS remnants in varying condition

Watercourses have been mapped on the current RLEP Map for the Prince Henry Site only, based on specialist advice from the Office of Environment and Heritage. Future investigations (i.e. the flood studies) may identify further watercourses and the map will be finalised as such investigations are completed.

Coastal Walkway

The SI Clause – Development within the Coastal Zone, as previously discussed, is relevant to this matter. The clause requires that before granting a consent to development within coastal zone, the consent authority must ensure that existing public access to and along the coastal foreshore is maintained and where possible, improved and opportunities for new public access is identified.

Two themes in the Randwick City Plan relate to open space: ‘Places for People’ and ‘Moving Around’. The key outcomes and actions include:
Outcome 5: Excellence in recreation and lifestyle opportunities
5a Maximise opportunities for residents and visitors to enjoy both active and passive open space uses.
5b A range of sporting and leisure activities.
5c New open space is created as opportunities arise.

Outcome 9: Integrated and accessible transport
9a A network of safe and convenient walking paths and cycle ways linking major land uses and recreation opportunities.

The following RLEP clauses relate to open space and environmental lands:
Tree preservation orders (Clause 28)
Development in open space zones (Clause 38)
Relevant acquisition authority (Clause 40B)
Development of land for certain additional purposes (Clause 42)
Classification and reclassification of public land as operational (Clause 42A)
Contaminated land (Clause 42B)
Development in, on, or adjacent to a watercourse or wetland (Clause 42E)
Management plan for land in Zone No 7 (Environmental Protection—Natural Heritage Areas Zone) (Clause 44)

While there are no specific DCPs in Randwick City for open space and environment zoned land, some are relevant for development in open space areas such as the Parking DCP, Outdoor Advertising DCP, and some location-based DCPs including Royal Randwick Racecourse DCP, Prince Henry Site DCP and the Defence Site (Bundock Street), Randwick DCP.DCPs must be consistent with an LEP and if there is any inconsistency, the LEP will prevail. In preparing comprehensive LEPs, councils are also required to renew all DCPS and prepare a comprehensive DCP.

The following actions relate to open space in Randwick City as outlined in the EAST SUBREGIONAL STRATEGY OF THE NSW METROSTRATEGY:

Improve the quality of regional open space
Improve access to waterways and links between bushland, parks and centres
Improve the quality of local open space
Investigate future options for open space provision and maintenance
State and local governments to work with Commonwealth Government to investigate the long-term use of Malabar Headland for future open space and conservation purposes, as well as options for public use of sporting facilities within Randwick Barracks.
Provide for urban civic space in planning for centres
Improve Sydney’s major sporting and cultural event facilities

The following actions relate to the environment in Randwick City:
Improve health of waterways, coasts and estuaries
Protect Sydney’s unique diversity of plants and animals
Protect Aboriginal cultural heritage
Councils to identify natural hazards and risk management measures in Principal LEPs related to climate change

Relevant state policies for Randwick City include:
State Environmental Planning Policy (SEPP) No 19 – Bushland in Urban Areas
SEPP No.55 – Remediation of Land
SEPP No 71 – Coastal Protection

The Minister for Planning, under section 117(2) of the EP&A Act, may issue directions in relation to the preparation of LEPs.

The current directions relevant to this Discussion Paper include the following:
2.1 Environmental Protection Zones
2.2 Coastal Protection
2.3 Heritage Conservation
4.1 Acid Sulfate Soils
4.3 Flood Prone Land
6.2 Reserving Land for Public Purposes

The Department of Planning and Infrastructure publishes model local clauses (or provisions) from time to time, which councils can adopt ‘as is’ where possible or adapt these to suit local circumstances. Those relevant to Randwick City are:
Acid Sulfate soils
Biodiversity (Terrestrial) (draft)
Coastal Risk Planning (draft)
Contaminated Land (draft)
Flood Planning
Riparian land and waterways (draft)
Stormwater Management (Urban Zones) (draft)

Under the Standard Template, there are five zones that relate to open space, national parks and environmental land in Randwick City:

In summary, the current open space and environmental zones in Randwick City & those proposed:

Existing % of City Proposed
RE1 – Public Recreation 779.5 ha 20.83 865.6 ha
RE2 – Private Recreation 154.1 ha 4.12 68.3 ha*
E1 – National Parks & Nature Reserves 165.7 ha 0.5 183 ha
E2 – Environmental Conservation 18.5 ha 4.43 24 ha
RU4 – Primary Production Small Lot 0 0 7.9 ha
Total 1,118 ha 29.86 1,148.8 ha