For Public Comment

Public Exhibition - Draft Bush Fire Prone Land Map (30 June 2008 – 28 July 2008)

The NSW Rural Fire Service has recently completed a revised version of the current 2003 Bush Fire Prone Land Map for the Warringah local government area in accordance with the five yearly review requirement of Section 146(1) of the Environmental Planning and Assessment Act, 1979 (EP&A Act). The revised map is the result of four months of field work, including the mapping of vegetation as either Category 1 or 2.

The draft Bushfire Prone Land Map 2008, comparison maps that highlight the differences between the current and draft map and other relevant documents may be inspected below or at Warringah Council libraries or Dee Why Customer Service Centre during the public exhibition period from Monday June 30 to Monday July 28, 2008.

The comparison maps indicate that there are some areas of land currently located in bush fire prone areas that may potentially be removed from bush fire prone areas if the draft map is gazetted. The comparison maps also indicate that there are some areas of land that are currently not bushfire prone that may become bush fire prone if the draft map is gazetted. All property owners directly affected by these changes will be notified by a letter.

Public Exhibition Maps and Documents:
• Draft Bush Fire Prone Land Map 2008
• Comparison Map – Current Bush Fire Prone Land Map 2003
• Comparison Map – Draft Bush Fire Prone Land Map 2008
• Council Report dated 10 June 2008: Warringah Bush Fire Prone Land Map – Five Year Review
• NSW Rural Fire Service, Planning for Bushfire Protection, 2006
• NSW Rural Fire Service, Guidelines for Single Dwelling Development Applications
• NSW Rural Fire Service, Guidelines for Subdivision Applications
• NSW Rural Fire Service, Guideline for Councils on Bushfire Prone Area Land Mapping
• NSW Rural Fire Service, Council Checklist for Integrated Development - Section 100B Development Applications
• NSW Rural Fire Service, Council Checklist for Infill Development - Section 79BA Development Applications
• NSW Rural Fire Service, Australian Standard AS3959 (1999) Summary Table
• The Environmental Planning and Assessment Act, 1979
• The Environmental Planning and Assessment Regulations, 2000
• The Rural Fires Act, 1997

Written submissions marked ‘draft Bush Fire Prone Land Map 2008’ must be received by Monday July 28, 2008 addressed to the General Manager, Warringah Council, 725 Pittwater Road, Dee Why NSW 2099, attention Planning and Development Services or faxed to 9971 4522. Council will compile and forward these submissions to the District Rural Fire Service for consideration.

The District RFS may decide to modify the Draft Bush Fire Prone Land Map based on the consideration of submissions received during the public exhibition period. The District RFS will then forward the finalised Bush Fire Prone Land Map back to Council. Council will notify all public exhibition respondents at this stage to inform them of the determination of their submissions by the District RFS. The Commissioner of the NSW Rural Fire Service will certify the finalised map in accordance with the requirements of the NSW Rural Fire Service, Bush Fire Prone Land Mapping Guideline, June 2006.

Immediately following gazettal of the Bush Fire Prone Land Map (to be notified in the Manly Daily), Section 149 Certificates under the EP&A Act shall be modified in accordance with the certified map and the requirements of the EP&A Act.

Background Information:
On August 1, 2002, the Rural Fires and Environmental Assessment Legislation Amendment Act 2002 (Amendment Act) came into effect. The Act amends both the EP&A Act, 1979, and the Rural Fires Act 1997 to ensure that people, property and the environment are more fully protected against the dangers that may arise from bush fires.

A Bush Fire Prone Area is an area that can support a bushfire or is likely to be subject to bushfire attack. The Amendment Act requires councils to map bush fire prone land within their local government area, which becomes the basis for planning for bush fire protection. Bush Fire Prone Land Maps act as a trigger mechanism for development of land within bushfire prone areas to ensure where appropriate that bush fire safety provisions are incorporated into the development.

Implications for bush fire prone land that is indicated as such on a Bush Fire Prone Land Map are as follows:
• In accordance with Section 79BA of the EP&A Act, development consent cannot be granted for the carrying out of development for any purpose (other than a subdivision of land that could lawfully be used for residential or rural residential purposes or development for a special fire protection purpose) on bush fire prone land unless the consent authority is satisfied that the development complies with Planning for Bushfire Protection 2006 produced by the NSW RFS or has consulted with the commissioner.
• In accordance with Section 100B of the Rural Fires Act 1997 the Commissioner has an ability to issue a bush fire safety authority for residential or rural residential subdivision or for special fire protection purpose developments of bush fire prone land where the commissioner believes that the development complies with standards which provide the development with appropriate protection measures.
• For the purposes of the Building Code of Australia (BCA), designated bush fire prone land maps are also used to give effect to Australian Standard AS 3959 – 1999 Construction in Bush Fire Prone Areas.
• Bush fire prone land is specified in Schedule 4 of the Environmental Planning and Assessment Regulations 2000 as matters relating to the land and is to be identified on Section 149 Planning Certificates. Section 149 of the EP&A Act, 1979 requires that Council may, in a planning certificate, include advice on such other relevant matters affecting the land of which it may be aware. In this case, the advice is if the land has potential to be subject to bushfire attack. This is an important mechanism for local government (through the Section 149 Certificates) to alert people living in areas of the potential for bushfire attack through a formal planning process and likewise is an important flag for people looking to purchase into bushfire prone areas so that they may make informed decisions as to the level of risk they may be faced with.

For more information call Council's Strategic Planning team on 9942 2340.

Proposed Licence to Manly Warringah Sea Eagles Limited at Brookvale Park, Pittwater Road, Brookvale

Pursuant to Section 47A of the Local Government Act 1993, Council hereby gives public notice of its intention to consider a licence for a term of five years to Manly Warringah Sea Eagles Limited for the premises known as Brookvale Park, Pittwater Road, Brookvale being Part Lot 1 DP 784268, Part Lot 1 DP 114027, Part Lot B DP 966128 and Part Lot 6 DP 785409. The purpose of the licence is for rugby league competition and community events.

Submissions regarding the proposed licence may be made in writing to the General Manager, Warringah Council, Civic Centre, 725 Pittwater Road, Dee Why by Monday July 21. For more information call Council's Property team on 9942 2918.

Proposed Road Closure and Sale of Land at Edgecliffe Boulevarde Collaroy Plateau

Under Section 35 of the Roads Act 1993, notice is given that the Minister for Lands will consider the closing of a road reserve in connection with a road reserve closing application proposed by Council. Council (acting on behalf of the Minister) will receive submissions regarding the proposal. All submissions received will be referred to the Minister’s delegate for a decision regarding the proposed road reserve closing.

The road reserve under consideration comprises Council public road known as Collaroy Street being that part of the unformed road reserve between Nos 3 and 5 Edgecliffe Boulevarde approximately 15 metres wide and approximately 650 square metres in area adjoining the entire length of the southern boundary of Lot 18 DP438628 known as No. 5 Edgecliffe Boulevarde, Collaroy Plateau.

The intention of the proposed Road Reserve Closure Application is to create a separate residential allotment for disposal by public auction or tender process. The net sale proceeds are to be used on road and streetscape improvements in this locality in accordance with the provisions of the Roads Act 1993.

A draft concept plan for the proposed residential allotment may also be viewed at Council’s Customer Service Centre, Civic Centre, 725 Pittwater Road, Dee Why.

Interested persons are invited to make submissions concerning the proposal in writing addressed to the General Manager, Warringah Council, Civic Centre, 725 Pittwater Road, Dee Why by Monday July 14, 2008.

Regarding the provisions of the Freedom of Information Act, information contained in such submissions may, at the discretion of Council and the Department of Lands, be referred to the person(s) who initiated the proposal for appropriate consideration.

For more information call Council’s Property Services Coordinator on 9942 2918.
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