PAGE 99 Request for Additional Information
5. POST EXHIBITION AMENDMENTS
Taking into account the issues raised within the Gateway Determination as well as the submissions received during the public exhibition period, it is recommended that amendments be made to the planning proposal with respect to the proposed maximum building height, floor space ratio and dwelling yield for this site. In the exhibited form the applicant desires, the density is much higher (almost by double) that envisaged under the NWRL Strategy and is over 3 times that of the current controls. That density
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PAGE 110 is not justified and will result in unacceptable scale, overlooking impacts, overshadowing that will be difficult to resolve at Development Application stage and will place a demand for infrastructure that is not met by current controls.
Notwithstanding the above, a modified form closer to the applicant’s original target is considered appropriate and entirely consistent with the NWRL Strategy.
It is also recommended that post exhibition amendments be made to the draft The Hills Development Control Plan (Part D Section 7 – Balmoral Road Release Area) to include an additional, site specific control, which limits future development yield on the site to a maximum of 1,300 dwellings.
An overview of each of the recommended amendments is provided below.
Maximum Building Height
Given the strategic location of the site and envisaged future character within the Norwest Station Precinct, it is more appropriate that a built form ranging in height between 6-9 storeys with some higher landmark elements (up to 12 storeys) would result in a desirable urban design outcome for the site.
On this basis it is recommended that the planning proposal be amended to reflect the building heights detailed below (the exhibited building heights at each location on the site are identified in blue).
Figure 7
Recommended (black) and exhibited (blue) maximum building heights
The built form outcome demonstrated above is considered to be a more appropriate outcome for the site based on the following:
The overall bulk and scale of the proposal would be reduced and adequate variation in building heights across the site would be achieved;
Appropriate transition would be achieved between the taller buildings within the Norwest Business Park and existing and approved lower density development within the Balmoral Road Release Area to the north;
The tallest buildings (12 storeys) would be restricted to the central area of the site where amenity impacts on adjoining development (such as overshadowing,
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PAGE 111 visual impact, loss of privacy) are minimal and avoidable as part of the preparation of detailed development concepts for the site in the future;
Buildings would be limited to a maximum of six (6) storeys adjoining existing two (2) storey residential development in the western portion of the site and existing and approved 2-4 storey development adjoining the northern boundary of the site (as opposed to 12-13 storeys as originally proposed);
The proposed transition from lower buildings in the north of the site, to taller buildings in the south will facilitate opportunities for internal overshadowing on the site to be avoided as part of the preparation of detailed development concepts for the site in the future;
The proposed building heights (in conjunction with appropriate floor space ratio controls), will allow for a reasonable increase in the development potential of the site from approximately 600 units under the current controls to approximately 1,300 units under the proposal. This increase in development potential is suitable having regard to the strategic location of the site, while also ensuring an outcome that is acceptable and consistent with the existing, approved and likely future character of the surrounding land and broader Norwest Station Precinct; and
The proposed built form is consistent with the strategic framework established by the State Government within the North West Rail Link Corridor Strategy and as such, the proposal would no longer be inconsistent with Section 117 Direction 5.9 – North West Rail Link Corridor Strategy.
Maximum Floor Space Ratio
The applicant has requested the application of a floor space ratio of 4.5:1 apply to the site (there is currently no maximum floor space ratio applicable). However, given the limitations to future development of the site such as the recommended maximum building heights as well as other development standards within Council’s Development Control Plan, the achievement of a floor space ratio of 4.5:1 would not be possible nor desirable.
While a floor space ratio is a maximum control rather than an objective or target, it is considered that the application of a floor space ratio of 4.5:1 would act as an inaccurate and unnecessary indicator of possible development potential of the site which is likely to distort and complicate the framework of planning controls which apply to future development of the site and the market value of the land.
In order to compliment the proposed maximum building heights detailed above and ensure that a varied built form is achieved on the site, it is recommended that the planning proposal be amended to reflect the floor space ratios detailed below (the exhibited floor space ratio at each location on the site is identified in blue).
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PAGE 112 Figure 8
Recommended (black) and exhibited (blue) floor space ratios
The proposed maximum floor space ratios are complementary to proposed maximum building heights detailed above and will ensure the achievement of the acceptable built form outcomes outlined above including, but not limited to, suitable variation in building heights across the site and appropriate transition in heights away from existing and proposed low density residential development to taller buildings in the central area of the site where adverse impact on surrounding development is minimal. The proposed floor space ratios will ensure an appropriate variation in building height within each height category which is entirely consistent with the assumptions contained within the NWRL Corridor Strategy.
Development Control Plan
Given the available capacity of planned infrastructure within the BRRA, it is considered that development on the site should be limited to a maximum yield of 1,300 dwellings.
In order to achieve this, it is recommended that post exhibition amendments be made to the draft The Hills Development Control Plan (Part D Section 7 – Balmoral Road Release Area) to include an additional, site specific control, which limits future development yield on the site to a maximum of 1,300 dwellings. The Draft DCP is provided at Attachment 1.
NEXT STEPS
Council may at any time, vary a proposal as a consequence of any submission or report received during community consultation or for any other reason. Should Council support the planning proposal, as amended, the following will be undertaken:
1. Notification of the proposed amendments will be forwarded to the Minister for Planning. The Minister will determine if the amended planning proposal can proceed to finalisation or if further public consultation is required (it is anticipated that no further public consultation will be required given the amendments are in response to submission received during the public exhibition period); and
2. A request will be forwarded to the Director General of the Department of Planning and Environment seeking concurrence that the amended proposal is consistent with
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PAGE 113 Section 117 Direction 5.9 – North West Rail Link Corridor Strategy and has adequately addressed the concerns raised within the Gateway Determination.
Following receipt of correspondence from the Minister for Planning and concurrence from the Director General of the Department of Planning and Environment, the planning proposal can be finalised by Council under Delegated Authority in accordance with the Gateway Determination.
Should Council resolve to adopt amendments to The Hills Development Control Plan (Part D Section 7 – Balmoral Road Release Area) as detailed within this report, commencement of these amendments shall occur following notification of the amendment to LEP 2012 on the NSW Legislation website.
CONCLUSION
The proposal in its exhibited form would result in an unacceptable urban design and built form outcome as well as a significant overdevelopment of the site. This is a function not only of the extent of maximum building heights sought by the applicant but also the undesirable building configuration and site layout demonstrated by the applicant in the supporting design concepts.
In response to concerns raised in both the Gateway Determination as well as submissions received during the public exhibition period, it is recommended that the maximum building height be reduced to a height ranging between 6-9 storeys with some higher landmark elements (up to 12 storeys) and that the maximum floor space ratio be reduced from 4.5:1 to a range of 1.5:1 to 3.2:1. These recommended building heights and floor space ratios would be expected to result in a total yield of between 1,100 and 1,300 new dwellings on the site (as opposed to 600 approximate new dwellings under the current controls). It is envisaged the site will develop on land parcels between 4,000m2 – 5,000m2 and the height and FSR controls will mean that the buildings will require articulation, varying heights and a site responsive outcome. Council should not seek to approve more than 1,300 units on the site given the SEPP65 controls that enable applicants to ignore Council’s apartment sizes.
The recommended amendments to the planning proposal will result in a more desirable development outcome for the site which allows for a reasonable increase in the development potential of the site having regard to the strategic location of the site, but also promotes a built form which remains consistent with the existing, approved and likely future character of the surrounding land and broader Norwest Station Precinct.
Notwithstanding the proposed amendments, it is considered that the development concept submitted by the applicant fails to achieve a suitable built form and amenity outcome on the site and substantial further work will be required in order to reconfigure the buildings and layout of the site in order to achieve a development concept which is suitable for submission at the development application stage.
The proposal, as amended, responds to the range of issues raised within the public exhibition period and would also be consistent with the strategic framework established by the State Government with respect to the range of building heights to be achieved within the Norwest Station Precinct and with Section 117 Direction 5.9, which requires consistency with the North West Rail Link Corridor Strategy.
It is recommended that post exhibition amendments be made to the draft The Hills Development Control Plan (Part D Section 7 – Balmoral Road Release Area) to include an additional site specific control, which limits future development yield on the site to a maximum of 1,300 dwellings.
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PAGE 114 RECOMMENDATION
It is recommended that:
1. Notification of the proposed amendments be forwarded to the Minister for Planning and Director General of the Department of Planning and Environment seeking concurrence that the amended proposal is now consistent with Section 117 Direction 5.9 – North West Rail Link Corridor Strategy, and that the concerns raised within the Gateway Determination have been adequately addressed.
2. Following the receipt of confirmation from the Minister for Planning and Director General of the Department of Planning and Environment, Council finalise the planning proposal, as amended, under Delegated Authority.
3. Council adopt the draft The Hills Development Control Plan (Part D Section 7 – Balmoral Road Release Area), as amended (Attachment 1), with commencement of these amendments to occur following notification of the amendment to LEP 2012 on the NSW Legislation website.
ATTACHMENTS
1. Draft The Hills DCP 2012 Part D Section 7 – Balmoral Road Release Area (40 pages)
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ATTACHMENT 1
ORDINARY MEETING OF COUNCIL 26 MAY, 2015 INDEX
1. INTRODUCTION... 1 1.1 LAND TO WHICH THIS SECTION OF THE PLAN APPLIES ... 1 1.2 AIM AND OBJECTIVES OF THIS SECTION OF THE DCP ... 1 2. OBJECTIVES AND DEVELOPMENT CONTROLS ... 3
2.1 DEVELOPMENT CONTROL PLAN MAP ... 3 2.2 SITE ANALYSIS ... 3 2.3 DEVELOPER CONTRIBUTIONS ... 4 3. SUBDIVISION – ALL ZONES ... 4
3.1 TREE AND BUSHLAND PROTECTION... 4 3.2 RESIDENTIAL DEVELOPMENT SITES ... 7 4. ROADS ... 9 4.1 LOCAL ROAD HIERARCHY ... 9 4.2 ROAD DESIGN AND CONSTRUCTION ... 15 5. STORMWATER ... 19
5.1 STORMWATER MANAGEMENT ... 19 5.2 STORMWATER QUALITY ... 21 6. PROVISION AND LOCATION OF UTILITIES ... 21 7. PUBLIC RECREATION, TRUNK DRAINAGE AND RIPARIAN CORRIDORS ... 22 7.1 PUBLIC RECREATION ... 22 8. BUILDING DESIGN – ALL ZONES ... 22 8.1 DWELLINGS ... 22 8.2 MULTI DWELLING HOUSING ... 26 8.3 RESIDENTIAL FLAT BUILDINGS ... 26 8.4 B7 BUSINESS PARK ZONE ... 27 8.5 EXHIBITION VILLAGE ... 27 8.6 MEMORIAL AVENUE VILLAGE CENTRE ... 29 9. SPECIAL PROVISIONS ... 31
9.1 DEVELOPMENT WITHIN VICINITY OF NORTH WEST RAIL LINK CORRIDOR ... 31 9.2 LAND ADJOINING EXISTING GOLF COURSE ... 32 9.3 EXCISION OF EXISTING DWELLINGS ... 32 9.4 SALINITY ... 32 9.5 LAND IN VICINITY OF EXISTING RETIREMENT VILLAGE ... 32 9.6 NOISE ATTENUATION ... 33 9.7 LANDSCAPE CORRIDORS ... 33 9.8 PUBLIC ROAD CLOSURES ... 33 9.9 ABORIGINAL HERITAGE ... 33 9.10 LAND ADJOINING WINDSOR ROAD ... 33 9.11 LAND ADJOINING OLD WINDSOR ROAD ... 33 9.12 WASTE MANAGEMENT ... 33 APPENDIX A ‐ ROADS AND MARITIME SERVICES STRATEGIC DESIGN PLAN FOR THE UPGRADE OF MEMORIAL AVE
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Part D Section 7 Balmoral Road Release Area
The Hills Shire Council Page 1