LORD HOWE ISLAND BOARD
Business Paper
Item
Planning Proposal for Wastewater Management System (WMS) amendments
Background
The following Planning Proposal has been prepared for the Lord Howe Island Board (LHIB).
Applicant / Site / Proposed Development / Value ($)LHIB / Zone 1 Rural, Zone 2 Settlement, Zone 5 Special Use, Zone 6 Recreation and Zone 7 Environmental Protection on Lord Howe Island (LHI) / § Include WMS as ‘exempt development’ in Zone 2 Settlement, subject to meeting certain development standards.
§ ‘Permit with consent’ WMS in the following zones:
Ø Zone 1 – Rural
Ø Zone 5 – Special Uses
Ø Zone 6 – Recreation
Ø Zone 7 – Environment Protection
§ Include a definition for WMS / NA
RPS Group (LHIB’s planning consultant) has prepared the attached Planning Proposal on behalf of the Board to facilitate the upgrade of domestic and commercial wastewater management systems (WMS) on LHI in accordance with LHIB’s On-Site Wastewater Management Strategy (OSMS). The Board resolved in November 2013 that all WMS are required to be compliant with the OSMS by April 2016 or October 2017, depending on their risk level.
The resolution of the Board is required to progress the Planning Proposal and refer the application to the NSW Department of Planning and Environment (DPE) Local Environmental Plan (LEP) Gateway Review Panel.
Following a positive determination by the LEP Gateway Review Panel, the LEP amendment would be placed on public exhibition for 14 days in accordance with the requirements of the Environmental Planning and Assessment Act 1979 (EP&A Act 1979). Required referrals to Government Agencies will also be completed. Once public exhibition and agency referrals are complete, the application will be reported back to the Board.
The attached Planning Proposal has been prepared in accordance with the DP&E’s A Guide to Preparing Planning Proposals (October, 2012).
Planning Proposal
The intended outcome of this Planning Proposal is to facilitate the upgrade of WMS across the island in accordance with the OSMS.
Currently, to upgrade or install a domestic WMS in the Zone 2 Settlement that would have negligible or minimal environment impact requires a proponent to obtain Owners Consent (OC), Development Application (DA) and approval under the LHI Regulation 2014 (LHI Reg). This process is onerous and has cost implications for the LHIB and the applicant. Also, there are generally no provisions within LEP 2010 which allow a WMS to be upgraded or installed on land in a different adjoining or nearby zone to avoid site constraints and to minimise environmental impact. It is noted Public Utility Undertaking is permitted with consent in all zones, therefore the installation of a WMS carried on or on behalf of the Board or any government agency acting under any Commonwealth or State Act is permitted with consent.
The objective is therefore to provide residents and business owners of LHI a more simple and efficient process to upgrade their WMS where appropriate.
In order to do this, this Planning Proposals seeks the following amendments to LEP 2010:
§ Include WMS as ‘exempt development’ in Zone 2 Settlement, subject to meeting certain development standards.
§ ‘Permit with consent’ WMS in the following zones:
» Zone 1 – Rural
» Zone 5 – Special Uses
» Zone 6 – Recreation
» Zone 7 – Environment Protection.
§ Include the following definition for WMS:
Wastewater Management Systems means a device for holding, treating, transferring and disposing of human faecal matter, and urine and wastewater associated with kitchen, laundry and ablution activities of a household, including a septic tank, septic closet, collection wells, composting toilet, aerated wastewater treatment system, greywater treatment and diversion system, constructed wetland treatment system, biological filter system and aerobic sand and textile filter systems; and associated land application areas.
Planning Proposal Assessment Comment
The Planning Proposal attached provides an assessment of the proposed amendments in accordance with the EP&A Act 1979 and the DP&E’s A Guide to Preparing Planning Proposals (October 2012).
The subject amendments is supported for the following reasons:
§ It streamlines the process to upgrade WMS on LHI in accordance with OSMS.
§ There will be negligible or minimal environmental impacts to the island.
§ It assists to protect the protection of critical habitat, threatened species, populations or ecological communities and their habitats.
§ It assists to protect the world heritage vales of the island.
§ It assists to improve the public health of the island, preventing risk of spreading diseases, improved swimming water and lagoon health, and reducing odours thereby enhancing community amenity.
§ It simplifies the WMS application process.
§ It assists to avoid unnecessary costs associated with WMS applications.
Conclusion
The attached planning proposal has been prepared in accordance with the requirements of the EP&A Act 1979 and the DP&E’s A Guide to Preparing Planning Proposals (October 2012) and it supports the WMS amendments.
It is considered that the proposed amendments are appropriate to facilitate the upgrade of WMS across the island in accordance with the OSMS.
Recommendation
(1) That the attached Planning Proposal for the above wastewater management system amendments be forwarded to the NSW Department of Planning and Environment’s LEP Gateway Review Panel.
Report prepared by/ Endorsed
Jaime Ustin
Date: 21 August 2014
LHI Consultant Town Planner / Penny Holloway
Date:
Chief Executive Officer
Lord Howe Island Board
Attachment:
Planning Proposal – RPS Group
‘Wastewater Management System Amendments’
Lord Howe Island