Hue Hue Road Warnervale
Development Control Plan 28

Objectives
This Development Control Plan (DCP) may be amended from time to time by Council. Proposed amendments are required to be advertised and exhibited in draft form and any submissions received must be considered by Council before the amended plan is adopted. People using this DCP should ensure that they have the current copy of the plan, including any amendments. If in doubt, please check with Council’s Customer Service Centre.

This Development Control Plan aims to achieve the following:

1. Provide for attractive rural residential development in a high quality rural environment through the protection of natural features.
      
2. Protect the environment, landscape and scenic quality of the area by restricting development and the destruction of vegetation on major ridgelines and steep slopes.
      
3. Identify those elements that form a constraint to development in the area. Prohibit development on land with slopes of 20% or greater.
      
4. Prohibit development on land with slopes of 20% or greater.
     
5. Identify 7(a) zoned land that is to be dedicated to Council.
       
6. Provide appropriate fire protection measures including the provision of fire trails and periodic fire hazard reduction.
      
7. Provide adequate protection from Freeway noise, through appropriate setbacks and/or requirements on dwelling design to meet State Pollution Control Commission noise standards.
      
8. Prohibit the clearing of the 7(a) zoned land that forms a buffer between the Sydney/Newcastle Freeway and the 7(c) zoned land unless so required for bushfire hazard reduction.
      
9. Indicate a general road pattern to serve the rural residential development on the 7(c) zoned land having regard for slope, drainage and the restriction on direct access to Hue Hue Road.
      
10. Identify the location, type and construction cost of providing suitable intersections onto Hue Hue Road and outline the methodology for determining contributions towards this cost.
       
11. Prohibit direct access to Hue Hue Road from individual lots fronting Hue Hue Road.
       
12. Indicate the limitations placed on development by the Mine Subsidence Board and the Warnervale Aerodrome.
      
13. Identify those lands within the Plan area that will be served by reticulated water supply and outlining the methodology for contributions to provide this supply.
       
14. Identify those lands zoned 7(a) to be dedicated to or acquired by Council under the bonus provisions of Clause 14(3)(b) of Wyong Local Environmental Plan 1991.

Citation
This document may be cited as Hue Hue Road Development Control Plan No 28, herein called the "Plan".

The Plan has been prepared pursuant to Section 72 of the Environmental Planning and Assessment Act, 1979, and Clause 24 of the Environmental Planning and Assessment Act, 1980.

Introduction
A number of physical elements combine to make the land to which this Plan applies of high landscape and environmental significance as well as being visually important in the Shire. The protection of these elements and the physical sensitivity of the land create certain constraints on development in the area.

Land to Which This Plan Applies
This Plan applies to land zoned 7(a) Conservation and/or 7(c) Scenic Protection Small Holdings under Wyong Local Environmental Plan 1991 as indicated in figure 1.

Implementation
In its determination of applications for the development of land to which this Plan applies Council will require or take into consideration the following matters:

1. Landscape Significance:
   The landscape of the Plan area is identified as having high conservation significance at both local and regional level, providing an important setting of high scenic quality for the proposed rural residential development on the 7(c) zoned land. The major ridgelines and adjacent steep slopes, which are heavily vegetated, combine to create this significant landscape.
      
   
2. Erosion:
   The soils of the Plan area have generally high susceptibility to erosion. Slopes in excess of 20% generally have a high risk of erosion and landslip if disturbed. Therefore, it is important that existing vegetation be retained on slopes and ridgelines, and that cleared areas be revegetated. No development or buildings shall be permitted on slopes in excess of 20%.
      
   
3. Drainage Corridors and Flooding:
   The two drainage corridors running through the Plan area drain into an extensive area of wetlands to the east. The 1% flood associated with this wetland extends into the eastern part of the Plan area. A high water table affects land in and adjacent to this flood area and drainage corridors.

The majority of land associated with the drainage corridor, flood liable land and high water table is included in the 7(a) Conservation zone and shall be dedicated to, or acquired by, Council. Some land along the edge has been included in the 7(c) zone for rural/residential development. These elements restrict the subdivision design of the land and shall require the filling and grading of affected lots to achieve flood free dwelling sites and accesses and gradients adequate to drain surface water.

4. Aerodrome:
   The whole of the Plan area is within the Controlled Air Space of Warnervale Aerodrome. Land in the north east corner of the Plan area is also under the flight path of the proposed east west runway. The height limitations and Noise Affect Area of Warnervale Aerodrome are identified in Wyong Local Environmental Plan 1991.
      
   
5. Mine Subsidence:
   The majority of land in the Plan area is within the Hue Hue Mine Subsidence District, the only property excluded being Part Lot 1 DP 546954, on the corner of Sandra Street and Hue Hue Road. The concurrence of the Mine Subsidence Board is required to subdivide land and to erect structures. The Board's guidelines permit lightweight construction only, to allow extraction of coal resources. Any enquiries concerning lightweight construction should be made to the Mine Subsidence Board, Pacific Highway, Wyong. The Board has indicated that single storey brick veneer dwellings may be erected subject to their approval.
     
6. Sydney/Newcastle Freeway:
   The Freeway forms the eastern boundary of the Plan area, creating the need for a noise and landscape 'buffer' between it and rural/residential development. The 7(a) Conservation zoned land along the boundary of the Freeway shall be dedicated or acquired by Council. At the time of subdivision lots created within 300 metres of the Freeway would have preferred building envelopes nominated be an acoustical engineer so that each site achieves the State Pollution Control Commission guideline of L10 18 hour 60 dBA. Clearing within 300 metres of the Freeway boundary shall be limited to bush fire hazard reduction only under the control of Council's Fire Control Officer.
      
7. Hue Hue Road:
   This road is classified by the Roads and Traffic Authority as 'Main Road No 217'. It is important for traffic safety reasons to prohibit direct access from individual rural residential lots onto the road. A Section 88B Instrument will be required to be placed on the title of any lot having frontage to Hue Hue Road to prohibit direct access to Hue Hue Road.

The only exception to the above restriction relates to the three lots at the southern end of the Plan area on the eastern side of Hue Hue Road and identified as Lots 2 and 3 DP 565004 and Lot 5 DP 258181. As the internal road pattern will not serve these lots, access onto Hue Hue Road will be permitted at one point only for each existing property, preferably via reciprocal rights of ways.

8. Intersections and Road Upgrading:
   A conceptional road pattern is generally shown on the Maps supporting this Plan.

The proposed road pattern will provide three intersections only with Hue Hue Road. The three intersections will need to be constructed to Council's standards. In addition, St Johns Road will need to be upgraded to a bitumen sealed rural road standard.

The cost of constructing the three intersections and St Johns Road shall be met through contributions under Section 94 of the Environmental Planning and Assessment Act.

The contributions shall be assessed on a per hectare basis as follows:

Contributions per hectare =

Total cost of construction No. of hectares of 7(c) benefiting

The contribution rate shall be indexed in accordance with Council policy and payable prior to release of linen plan.

9. Water Supply:
   The reticulation of water to all rural residential lots in the Plan area is not possible. Water supply can be provided to that part of the Plan area south of St Johns Road, which would serve approximately 36 lots. Developers shall contribute to this cost in accordance with Section 94 of the Environmental Planning and Assessment Act on a per lot basis as follows:

Contribution per lot =

(Total Cost) + Water Supply Headworks (No Lots created) contribution

The contribution rate shall be indexed in accordance with Council's policy and payable prior to release of linen plan.

10. Dedication of Conservation 7(a) zoned) Land:
    Those lands within the Plan area that are of high visual significance or conservation value have generally been included in the 7(a) zone. The importance of the land in this zone varies considerably. However, only those of high visual and conservation value associated with the ridgelines, steep slopes, drainage lines and freeway buffer shall be dedicated to Council for conservation purposes. However, dwelling houses exist on a number of properties considered of high conservation value. Although the land associated with these dwellings will remain in private ownership, no further development will be permitted and clearing shall be prohibited except for bushfire hazard reduction purposes only under the control of Council's Fire Control Officer.
       
11. Bush Fire Protection:
    The Plan area generally has a high fire hazard potential, particularly forest and woodland with slopes greater than 5% and where access is poor. For this reason, a series of fire trails have been identified on the Maps. These will be constructed by the developer at the time of subdivision. The fire trails have generally been located on 7(a) zoned land and land to be dedicated to Council.

Suitable fire breaks of at least 15 metres in width will be required around dwelling houses and other buildings. Provision shall be made for public rights of ways from roads created within subdivisions to give access to fire trails. Additional fire prevention methods may be required, depending on the nature of the land and the development.

12. Buttonderry Creek Waste Disposal Site:
    The Plan area is located approximately 900 metres south of the Buttonderry Creek Waste Disposal site.

A landscape and odour buffer area has been provided around the Waste Disposal site to prevent nuisance to adjoining land.

13. For existing dwelling houses located on 7(a) zoned land, Council will consider proposal for ancillary development, such as pools, tennis courts etc on the merits of each case. Such proposals require development consent from Council.

Summary

1. Buildings and structures are prohibited within 50 metres of major ridgelines or prominent brows. The destruction of trees is prohibited. However, bushfire hazard reduction is permitted with the approval of Council's Fire Control Officer.
      
   
2. Buildings and structures shall not be erected on land with slopes of 20% or more. Applications for development on land with slopes in excess of 10% should be accompanied by a geotechnical report to identify the stability of the land.
      
   
3. Subdivisions shall be designed so that lots have dwelling sites free of major drainage corridors or high ground water tables. Where this is not possible, affected lots shall be filled and graded so as to achieve flood free dwelling sites and accesses, and gradings adequate to drain surface water away from the dwellings.
      
   
4. The land is within the controlled airspace of Warnervale Aerodrome.
         
   
5. All subdivision and development within the Hue Hue Mine Subsidence District shall be subject to the approval of Council and the Mine Subsidence Board.
      
   
6. Subdivision of properties adjacent to the Freeway Buffer zone shall be designed so that dwelling sites are available outside the noise affect area of the Freeway. Where dwellings must be located within the noise affected area, they shall be designed to meet relevant noise standards as set by the State Pollution Control Commission.
      
7. Direct access to Hue Hue Road is prohibited except for Lots 2 and 2 DP 565004 and Lot 5 DP 258181. The submission of a satisfactory 88B instrument, creating a restriction as to user prohibiting direct access to Hue Hue Road, shall be required prior to the release of the Surveyor's Transparency for any new lots being created which would have to Hue Hue Road.
     
8. A contribution will be required for the construction/upgrading of intersections onto Hue Hue Road and the upgrading of St Johns Road.
     
9. Fire trails shall be constructed around the perimeter of the 7(c) zoned rural/residential areas. Fire breaks of at least 15 metres in width shall be provided around dwelling sites.
     
10. Land zoned 7(a), and which contains drainage lines or is subject to flooding, or is adjacent to the Freeway, or is of environmental/visual significance shall be dedicated to Council. The 7(a) zoned land shall be dedicated or acquired by Council when subdivision occurs.
       
11. Where reticulated water supply can be provided, a contribution will be required.
      
12. The plan area is located approximately 900 metres from the Buttonderry Waste Disposal Site.
       
13. Ancillary development to existing dwelling houses shall be considered on the merits of each case.
    

Savings Provisions
Any person making an application for the development of properties affected by this Plan shall have due regard to the provision of the Wyong Local Environmental Plan 1991 or relevant planning instrument and of any other development codes, or policies as they are adopted by Council at the time of application. Council reserves the right to vary the Plan to a minor extent, having regard to the physical constraints of any given site or any improvements erected thereon.

Schedule of Contributions (1991) For Development Control Plan No 28 - Hue Hue Road

A. Intersections and Road Upgrading:

= $606,400 divided by 256.2 hectares

= $2,367 per hectare of 7(c) zoned land

These figures are preliminary only and shall be finalised when design work is completed.

B. Water Supply:
The total cost of supplying 36 lots is $192,888.

= $250,000 divided by 36 + $950

= $7,894

These figures are preliminary only and shall be finalised when design work is completed.

Figure 1 - Hue Hue Road - Locality Map

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Page last updated: 04/11/2002