Amendment 19 – Pioneer Place Reclassification

Public Hearing – Reclassification of Land – Pioneer Place Carpark Katoomba

UPDATES

• The public hearing for Amendment 19 to LEP 2015 was held on Monday 21 October 2024. A report on the outcome of the hearing by the independent chairperson is now available to be viewed at the below link or in the document library of this page.

Public hearing and Submission Report - Amendment 19 - 38-40 Parke Street Katoomba

• Following the conclusion of the public exhibition and hearing, council resolved to endorse draft Amendment 19 to LEP 2015 at the November 26 Ordinary Meeting. The Planning Proposal will now be forwarded to the Department of Planning, Housing and Infrastructure for finalisation.

Council will be holding a public hearing into the Reclassification of Council land at Pioneer Place carpark Katoomba in accordance with the Local Government Act 1993. The hearing will provide community members with the opportunity to share their views about the Planning Proposal for Amendment 19 to LEP 2015 which seeks to reclassify various lots within the car park from Community land to Operational land.

The public hearing will be chaired by a person who is independent of Council. Community members will be able to make a short verbal presentation to the chairperson of the hearing.

Following the public hearing, the chairperson will prepare a report on the hearing, a copy of which will be made publicly available on this page.

The time and location of the hearing is bellow:

• Date: Monday, 21 October 2024
• Time: 2pm to 3pm
• Location: Seminar Room, Blue Mountains Cultural Centre, 30 Parke Street, Katoomba

If you wish to attend the public hearing, please register your interest by emailing your contact details to Councils City Planning team at the bellow address:

epscityplanshared@bmcc.nsw.gov.au

*Please include ‘Public Hearing Registration – Pioneer Place Carpark Reclassification’ in your subject heading*

Registration closes - Friday 18 October, midday 12pm

For more information regarding the proposed reclassification of Pioneer Place Carpark refer to the below documents or view the documents tab of this page:

• Planning Proposal for Amendment 19 to LEP 2015
• Gateway Determination
• Council Report – January 2024
• Katoomba Masterplan

Details regarding the concluded public exhibition for this Planning Proposal (held between 8 April and 8 May 2024) can be found in the News Feed tab below.

Above: Map of Lots. A larger image can be viewed here.

Background

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:

1. 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.