Council received nine (9) individual submissions from the public. The submissions focussed solely on the planning proposal and did not comment on the draft VPA. The key issues raised within these submissions were:
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These issues raised are discussed below with planning comments in response to each.
a) Traffic Congestion
Concerns were raised that the proposed development will result in increased traffic in the locality resulting in unreasonable traffic congestion in the surrounding road network.
Comment:
A Traffic Impact Assessment prepared by Traffix (23 October 2015) was submitted in support of the planning proposal. It identified that future development is likely to generate 358 and 474 vehicle trips in the morning and afternoon peak periods respectively. Importantly, the assessment found that the traffic likely to be generated by the proposed mixed use development is comparable to that which would be expected if the site were to develop to full potential compliant with the existing controls (for a primarily commercial outcome).
Based on this, the assessment concludes that the proposal would not have an unreasonable impact on local traffic. Furthermore, it is considered that the new road to be constructed through the site will increase the permeability and efficiency of the local road network. The planning proposal was forwarded to RMS and Transport for NSW for comment during the exhibition period and no objections were received from either agency.
The site is located within the Norwest Station Precinct which is expected to accommodate future residential and employment growth as a result of the Sydney Metro Northwest. As part of the planning process for the Norwest Station Precinct further consideration is to be given to transport, movement and accessibility including the identification of any required improvements to connectivity, bus networks or local roads (such as road upgrades, widening and intersection upgrades). As the planning for the Norwest Station Precinct continues, these options will be explored however it is noted that the VPA will not only secure a new local road (increasing the permeability of the network) but will also make monetary contributions towards any upgrades and improvements which are identified by Council in the future.
b) Lack of on-street parking
Concern was raised that the proposal will reduce the number and availability of existing on-street parking spaces.
Comment:
Any future development application will be expected to comply with Council’s parking requirements. It is considered that compliance with these requirements will be adequate to ensure sufficient off-street parking spaces are provided and minimisation of any unreasonable impacts on existing on-street parking arrangements. The development concept submitted by the applicant identifies the intention to provide 1,133 off-street car parking spaces. While this would be further considered as part of the development application process, it is noted that the provision of 1,133 off-street car parking spaces would comply with Council’s minimum parking requirements.
c) Insufficient emergency exit points
Concern was raised that there is lack of emergency exit points should the development need to be evacuated.
Comment:
It is considered that future development of the site will be able to comply with the requirements of the relevant Australian Standards and emergency services. Further consideration will be given to emergency access points during the Development Application stage.
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d) Height of buildings and overshadowing
Concern was raised about the proposed height of buildings and potential overshadowing of adjoining sites.
Comment:
The proposed development is of a scale that will cast shadows. However, the deliberate mismatch between FSR and building height will work in partnership to limit building heights across the site (which will reduce the length of shadows and extent of adjoining land affected) and limit the bulk and scale of tall building elements (which will reduce the width of shadows and increase the speed with which they pass over adjoining land).
The extent of overshadowing which is likely to occur is considered acceptable given it would be limited to surrounding local roads and existing commercial development to the south and east. The most significant overshadowing impacts are likely to occur on commercial development south-east of the site (across Maitland Place) however this would be limited to intermittent periods of overshadowing during the afternoon which are considered acceptable in the high density and urban context of this commercial area within the Norwest Business Park. Importantly, no overshadowing of any existing residential development would occur.
Any development application would have to comply with the requirements of SEPP 65 and Council’s DCP with respect to solar access and overshadowing. The concept submitted by the applicant (which demonstrates a greater built form than actually permissible under the proposed controls) demonstrates that compliance with these controls is achievable.
e) Loss of a child care service
Concern was raised that the development results in a loss of an existing child care service at 2-6 Maitland Place, Baulkham Hills.
Comment:
The former child care centre at 2-6 Maitland Place was privately owned and operated and the continued operation of the premises is a commercial matter for the property and business owners within the parameters of the applicable planning framework. A child care centre would continue to be a permissible use on the site under both the B7 Business Park and R4 High Density Residential zoning. The development concept submitted by the applicant indicates an intention for future redevelopment to include a child care centre however this would ultimately be a commercial decision for the developer and subject to development consent.
CONCLUSION
The proposal to facilitate a mixed-use development on the site of up to 370 dwellings and approximately 6,700m2 of non-residential floor space is considered to be an appropriate development outcome on the site having regard to the strategic location of the site within the Norwest Precinct at the interface of the R4 High Density Residential area (to the west) and B7 Business Park area (to the east) as well as the existing and
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link which will provide greater permeability within the local road network in the northern area of the Norwest Precinct.
The planning proposal and associated VPA were publicly exhibited in satisfaction of the conditions of the Gateway Determination and consultation with relevant public authorities was undertaken. Following detailed consideration of the thirteen (13) submissions received, it is considered that no post-exhibition amendments are necessary and it is recommended that the planning proposal proceed to finalisation. Further, it is recommended that Council enter into the VPA with respect to future development at 7 Maitland Place.
IMPACTS Financial
The applicant has offered to enter a Voluntary Planning Agreement with respect to 7 Maitland Place which secures a total contribution of $7.8 million comprising the construction and dedication of a new local road through the site at no cost to Council, as well as a monetary contribution of $4.5 million towards traffic, open space and public domain works to be completed in the future.
The Hills Future Community Strategic Plan
The planning proposal seeks to promote the better use of existing land and capitalise on the strategic location of the site. Given the location of the site within the Norwest Station Precinct at the interface of land zoned R4 High Density Residential (to the west) and B7 Business Park (to the east), it is considered that the mixed use outcome, as proposed, is appropriate.
The Voluntary Planning Agreement will ensure that development resulting from the related planning proposal will make a reasonable contribution to local infrastructure based on the expected future population.
RECOMMENDATION
1. The planning proposal be progressed to finalisation to amend Local Environmental Plan 2012 as follows:
a. Rezone land at 7 Maitland Place, Baulkham Hills from B7 Business Park to part R4 High Density Residential and part B7 Business Park;
b. Apply a “base floor space ratio” of 1:1 and an “incentivised floor space ratio” of 3:1 to land at 2-6 Maitland Place, Baulkham Hills and the proposed R4 High Density Residential portion of land at 7 Maitland Place, Baulkham Hills;
c. Increase the maximum floor space ratio applicable to the proposed B7 Business Park portion of land at 7 Maitland Place, Baulkham Hills from 1:1 to 1.5:1;
d. Increase the maximum building height from RL116 metres to RL169 metres for land at 2-6 Maitland Place, Baulkham Hills and the proposed R4 High Density Residential portion of land at 7 Maitland Place, Baulkham Hills;
e. Reduce the minimum lot size applicable to 7 Maitland Place, Baulkham Hills from 8,000m2 to 4,000m2;
f. Include a new local provision which ensures that the “incentivised floor space ratio” for residential development can only be achieved where the proposed development complies with Council requirements for apartment size, mix and car parking; and
g. Amend clause 4.6 of LEP 2012 to ensure that development consent cannot be granted for development which seeks to achieve the “incentivised floor space ratio” but fails to comply with the proposed local provision.
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2. Council enter into the Voluntary Planning Agreement for land at 7 Maitland Place, Baulkham Hills (Attachment 1 – ECM Document No. 15037095) and authorise Council’s common Seal to be affixed to the Voluntary Planning Agreement.
3. Council write to the Department of Planning & Environment advising of the nature of requests being received from Transport for NSW with respect to planning proposals within Sydney Metro Northwest Precincts and request that Transport for NSW be required to prepare a traffic study documenting the cumulative impact of all major planning proposals within the Norwest Precinct given the implications for the growth in housing and jobs predicted in the State Government’s Rail Corridor Strategy.
ATTACHMENTS
1. Draft Voluntary Planning Agreement (18 Pages)
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