Amendment 19 – Pioneer Place Reclassification
Have Your Say
Blue Mountains City Council has prepared a Planning Proposal for draft Amendment 19 to Local Environmental Plan (LEP) 2015 and is seeking your feedback.
This planning proposal has been prepared to reclassify Community Land as Operational Land at Pioneer Place carpark, Katoomba.
Being classified as Community Land limits the capacity for Council to provide legal access to commercial, community facilities or other premises.
The planning proposal seeks to reclassify Community Land to Operational Land to help facilitate improvements in the area as outlined in the Katoomba Master Plan, allow businesses to legally formalise vehicular access and provide an opportunity to realise an improved public outcome.
Draft Amendment 19 to LEP 2015 is on public exhibition from Monday 08 April until Wednesday 8 May 2024.
You can make a written submission by one of the following methods:
- Via the below submission form
- Email to council@bmcc.nsw.gov.au
- Mail to Chief Executive Officer, Blue Mountains City Council, Locked Bag 1005, Katoomba, NSW, 2780. Please include ‘Submission to Amendment 19 to LEP 2015’ in your subject heading.
For further information, please contact the City Planning Team on 02 4780 5000.
Background Information
Pioneer Place carpark was constructed in 1977. Reclassification of the land from Community to Operational is consistent with Council’s resolution of 14 June 1994 which classified the lots as Operational following the introduction of the Local Government Act 1993. The resolution was later found to be invalid where parcels were acquired or developed using community money, meaning reclassification could only occur by way of an amending LEP. The lots reverted to Community Land at that time.
The Stage 1 Pioneer Place Master Plan was prepared in 2010 as a response to the proposed redevelopment of the Woolworths supermarket at the southern end of Pioneer Place. The aim of the plan was to develop a long term planning strategy to address accessibility, safety and amenity issues associated with pedestrian, cyclist, and vehicular use and movement
In 2011, 17 lots within the Pioneer Place carpark were reclassified from Community to Operational under LEP 2005 (Amendment 23). These are the southern lots that were part of the Stage 1 Pioneer Place Master Plan. The reclassification allowed for the construction of the underground carpark associated with the Woolworths development.
The preparation of this planning proposal has been prompted by the recent completion of the Katoomba Master Plan 2023 and legal access issues identified in the assessment process for Development Applications adjacent to the carpark. Council resolution (Minute No. 336, ordinary meeting 29 November 2022) highlighted parking issues and functionality of the public carpark:
- That the Council notes a need to reclassify Community Land within Pioneer Place Car Park through the Katoomba Master Plan and subsequent planning proposal and Gateway process in accordance with the provisions of the Environmental Planning and Assessment Act 1979
In common with other public carparks, Pioneer Place adjoins privately owned land. The Local Government Act does not allow Council to grant easements or other registered interests over Pioneer Place in favour of adjoining privately owned land as long as the carpark remains classified as Community Land. Use and management of Community Land is regulated under the Local Government Act (Chapter 6, Part 2). Community Land must be regulated in accordance with:
- The Plan of Management applying to the land,
- Any law permitting the use of land for a specific purpose, and
- Division 2 of the Local Government Act.
The ‘General Community Use Plan of Management’ (dated 30 August 2022) that applies to the site does not include objectives referring to the provision of access to properties adjoining the Community Land. Therefore Council cannot grant an easement for a right of way or similar. Although the Local Government Act allows for Council to issue a lease or licence for Community Land, again this must be encompassed within the provisions of the applicable Plan of Management and therefore encounters the same obstacle. Community Land cannot be dedicated as a public road.
Being classified as Community Land limits the capacity for Council to provide legal access to commercial, community facilities or other premises. The planning proposal seeks to reclassify Community Land to Operational Land to help facilitate improvements in the area as outlined in the Katoomba Master Plan, allow businesses to legally formalise vehicular access and provide an opportunity to realise an improved public outcome.
