‘A guide to preparing Planning Proposals’ states that the primary goal of the plan making process is to reduce the overall time taken to produce LEPs. The timeframe for completing the LEP as stated in the Gateway Determination dated 11 October 2018 is 12 months following the date of Determination.
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8 The Hills Shire Council Letter Dated 23/11/19
Reference is made to a letter from The Hills Shire Council dated 23 November 2018 regarding the Planning Proposal and proposed VPA Amendment originally submitted on September 2017 known as 5/2018/PLP. This section addresses the matters raised in the letter.
Letter of Offer with Planning Proposal
The dedication of the ridge top area of the site is of no interest to Council as public open space. This space seen as a necessary setback and landscaping provision associated with the proposed residential flat buildings along Barina Downs Road.
Comment: The ridgetop park will not be pursued as public open space. The proponent is offering the provision of public access to the ridgetop park by creation of an easement in gross favour of Council. All future maintenance and ownership obligations will be borne by the landowners under a community title scheme. It is noted that this public benefit is not included in the VPA contribution monetary amounts (revised VPA offer submitted to Council in February 2019 at Appendix H), however the proponent will be providing public access to the ridgetop park.
The upgrade of the drainage reserve to public park and inclusion of 34 Salamander Grove as public open space is of no interest to Council.
Comment: The upgrade of the drainage reserve to public park and inclusion of 34 Salamander Grove as public open space has been addressed under the amended VPA offer. The inclusion of 34 Salamander Grove as part of the public open space will ensure that through site linkages are established with the surrounding neighbourhood to the south, as well as connections to nearby open space.
The offsite public domain upgrades are a potential benefit however further information regarding the extent and location of the proposed works is required.
Comment: The amended VPA offer outlines the following public domain upgrades offsite to the amount of $0.5 million.
o Provision of pathway on Hillsborough Way (between Barina Downs Road and Fairmont Avenue)
o Improvement to existing pathway in pedestrian link to Norwest Metro Station (footpath from Fairmont Avenue to Brookhollow Avenue)
o Proposed pedestrian footbridge over drainage reserve located at Lot 47 in DP 870539 and Lot 244 in DP 871505 to create a direct all-weather pedestrian link from Hillsborough Way through to Brookhollow Avenue
o Solar panel lighting along pathways o Signage along improved pedestrian links o Associated landscaping
o Ongoing maintenance
The offsite active open space contribution of $1m, which equates to $2,451.00 per dwelling, is considered inadequate.
Comment: The amended VPA offer allows for an offsite active open space contribution of $0.8 million, which equates to approximately $5,675 per additional dwelling.
It is expected that Section 7.12 (formerly Section 94A) Contribution of 1% would remain applicable to the development in addition to the contents of a VPA.
Comment: The amended VPA offer states that the proponent agrees to pay the Section 7.12 Contribution of 1% to Council. It is estimated that this will equate to an additional contribution from the original VPA offer of approximately
$1,400,000.
Gateway Determination Conditions
The Gateway Determination contains conditions requiring investigation into local road network improvements, considering factors such as the opening of Sydney Metro Northwest and surrounding development. This investigation may identify opportunities for monetary contributions toward traffic works to be included in a VPA offer. It is important to note that other planning proposals in the Norwest locality have not been progressed due to inadequate consideration of, or solutions to, traffic at a precinct scale. The conditions also require investigation into alternative options for public open space provision. An outcome of this review may be offsite contribution to other public open space land and / or works within the locality. The traffic investigation and review of open space land should be completed prior to and inform any new VPA off being made.
Comment: Refer to Traffic Impact Assessment at Appendix C which has been revised to confirm that future development as a result of the planning proposal can be appropriately accommodated by the existing road network.
With respect to works related to traffic and public open space / works within the locality, refer to revised VPA offer at Appendix H, which is a result of subsequent discussions with Council. Analysis has been carefully undertaken and the VPA contributions in the amended offer well exceed the assessed contribution required as outlined in the preliminary estimate provided in the Traffic Impact Assessment.
Additional Information for Planning Proposal
A revised site-specific DCP that includes the proposed new master plan and comprises more detailed controls for the residential flat building component. The DCP should reflect the desired outcomes for the site (including any changes from the master plan proposed such as seniors housing, integrated small lot housing and reconfiguration of the lots).
Comment: A revised site-specific DCP has been included in Appendix K, incorporating the proposed new masterplan and reflects the desired outcomes for the site. Detailed controls for the residential flat building component have been included. The DCP has reflected the desired outcomes for the site.
A visual impact assessment demonstrating the impact of the proposed residential flat buildings on views and vistas throughout the Norwest precinct, including analysis of building heights in RL and incorporation of the site’s topography into apartment design.
Comment: A visual impact assessment demonstrating the impact of the proposed residential flat building on prominent views within the surrounding area has been included at Appendix A. The visual impact assessment shows that the proposal will not have an adverse or overbearing effect on the views to the site from surrounding streetscapes. Also included at Appendix A are cross sections of the residential flat buildings from either side of Lot 218, which shows the incorporation of the site’s topography into the apartment design.
Demonstration of compliance with Council’s housing diversity clause (Clause 7.12 of LEP 2012) for development within the Sydney Metro Northwest Urban Renewal Corridor.
Comment: As stated in Section 6.1.6 of this Planning Proposal document, future apartment development will ensure compliance with Clause 7.12 of the LEP.
A stormwater management strategy detailing the stormwater infrastructure design and how the increase in yield will be accommodated.
Comment: A stormwater management strategy has been included in Appendix L.
An open space strategy detailing how the proposed open space is to be upgraded and embellished including connectivity of pedestrian pathways and cycle ways to the existing network and incorporation of the site’s topography into the design of open spaces.
Comment: Refer to Appendix D for landscape plans prepared by Sturt Noble which details the open space strategy for the site including open space and pedestrian network connectivity both within the site as well as beyond the site. Also included in the Annexure are an impression of the proposed OSD tank modification and embellishment works which demonstrate how the proposed drainage works integrate with open space to create a through site link for the benefit of the wider public.
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Demonstration of compliance with Section 9.1 Ministerial Direction 2.3 Heritage Conservation.
Comment: Eco Logical has provided a separate letter demonstrating the proposal’s compliance with Section 9.1 Ministerial Direction 2.3 Heritage Conservation. It is included in Appendix J.
Request for Resubmission of Planning Proposal Fee
In Council’s letter dated 15 March 2018 a partial refund of fees was granted to the amount of $38,250.00. This refund was requested and granted in recognition that Council resolved not to proceed with the planning proposal and as such, no further work would be undertaken in relation to the proposal. In acknowledgement of Council continuing to process the planning proposal, it is therefore requested that you resubmit the refunded planning proposal fee amount of
$38,250.00 to cover the costs associated with undertaking this process.
Comment: The proponent has provided a cheque to Council.
9 Conclusion
This Planning Proposal has been prepared in accordance with Section 3.33 of the Environmental Planning and Assessment Act 1979 and the Department of Planning and Environment’s guidelines including ‘A guide to preparing Planning Proposals’ and ‘A guide to preparing Local Environmental Plans’ seeking an amendment to The Hills Local Environmental Plan 2012 for a rezoning, increase in building height controls and modification to the heritage map for the subject site, being lots 214, 215, 216, 217 and 218 in DP 1239622, Barina Downs Road and Mackillop Drive, Norwest and Lot 574 in DP 713531, 34 Salamander Grove, Baulkham Hills. These amendments would support a concept masterplan for the development of a liveable and diverse residential community within the locality. The Architectural Masterplan is included in Appendix A and shows the site characterised by the following:
Four 3-4 storey low rise residential flat buildings comprising of approximately 160 apartments along the frontage of Barina Downs Road at Lot 218
Medium density housing consisting of approximately 98 attached dwellings (townhouses) and 56 small lot housing
Public reserve connecting the central spine of open space within the surrounding area
Communal open space incorporating the ridgeline of trees and heritage farmhouse and curtilage, which will be adaptively reused
The development of the site as envisioned in the proposed masterplan provides a significant opportunity to ensure that the best outcome can be achieved to facilitate a high quality master planned residential development with a range of housing types that is sensitive to the site’s natural character and heritage. The site is unique, forming the better part of one of the largest remaining landholdings within the Sydney Metro Northwest rail corridor to undergo transformation. The Planning Proposal would respond to strategic objectives and priorities for the Norwest Precinct as well as local and state government targets, unlocking the capacity for residents to be located closer to jobs and accessible public transport as well as new housing that caters for a range of lifestyle choices within The Hills Shire.
This Planning Proposal will require the following amendments to The Hills LEP 2012 to support the concept residential masterplan:
Rezoning by amending the ‘Land Zoning Map’:
o From part R2 Low Density Residential and part R3 Medium Density Residential to part R3 Medium Density Residential, part R4 High Density Residential and part RE1 Public Recreation
Increase Building Height under Clause 4.3 Height of Buildings and amend the ‘Height of Buildings Map’:
o From 9m to part 9m, part 12m and part 16m and remove the height listed over the RE1 zoned land
Amend the ‘Heritage Map’:
o Heritage Item No. I7 applying to all of Lot 217 and 218 to only include the heritage curtilage at Lot 217 The Planning Proposal is supported by an offer from Aqualand to enter into a Voluntary Planning Agreement for improved public facilities such as open space land and embellishment, dedication of open space and pedestrian linkage through 34 Salamander Grove, public domain upgrades including improvement for pedestrian linkages to the Norwest Station, and contribution to active open space offsite.
It is believed that the Planning Proposal would result in a superior outcome for the site both in terms of built form and public benefits associated with the masterplan.
The Planning Proposal is submitted to Council for consideration and implementing the LEP following Gateway Determination issued on 11 October 2018 by the Department of Planning and Environment.
All strategic planning policies and statutory planning instruments have been taken into consideration and addressed within th is Planning Proposal including the Greater Sydney Region Plan, Central City District Plan, North West Rail Link Corridor Strategy, The Hills Corridor Strategy, relevant Section 117 Directions, relevant State Environmental Planning Policies, and The Hills LEP 2012.