ORDINARY MEETING OF COUNCIL 12 DECEMBER, 2017
ITEM-11 SHOWGROUND PRIORITY PRECINCT - DRAFT DEVELOPMENT CONTROL PLAN, CONTRIBUTION PLAN AND PUBLIC DOMAIN PLAN (FP223)
THEME: Balanced Urban Growth.
OUTCOME: 7 Responsible planning facilitates a desirable living environment and meets growth targets.
STRATEGY: 7.2 Manage new and existing development with a robust framework of policies, plans and processes that is in accordance with community needs and expectations.
MEETING DATE: 12 DECEMBER 2017 COUNCIL MEETING
GROUP: STRATEGIC PLANNING
AUTHOR:
PRINCIPAL COORDINATOR FORWARD PLANNING NICHOLAS CARLTON
ACTING PRINCIPAL COORDINATOR FORWARD PLANNING
BRENT WOODHAMS
RESPONSIBLE OFFICER: MANAGER FORWARD PLANNING STEWART SEALE
EXECUTIVE SUMMARY
This report recommends that the following draft planning documents be publicly exhibited concurrently, in order to ensure the delivery of appropriate development outcomes within the Showground Priority Precinct:
• Draft Contributions Plan No.19 – Showground;
• Draft DCP 2012 (Part D Section 19 – Showground Precinct);
• Draft Public Domain Plan – Showground Precinct.
The Department of Planning & Environment has provided post exhibition draft Showground Precinct Plans (July 2017) with the intent of finalising the documents. In response to the draft Showground Precinct Plans, an associated draft Contributions Plan, draft Development Control Plan amendment and Public Doman Plan have been prepared to support future development of this Precinct in-line with Council and community expectations. These draft Plans reflect the revised Precinct controls provided by the Department of Planning & Environment.
The draft Contributions Plan will enable Council to levy new residential and employment development to collect the necessary funds for the provision of local infrastructure required to support the additional growth. It aims to ensure that existing infrastructure is not over-taxed and that future residents are able to access facilities and services that are consistent with the lifestyle enjoyed by existing Hills residents. The Plan identifies upgrades and new facilities including playing fields, expansion and embellishment of open space, stormwater management facilities, village plaza, roundabouts, traffic
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signals, road widening, pedestrian bridges, a community centre and library floor space and other pedestrian facilities.
The draft development controls are proposed to regulate future built form and ensure high quality development outcomes that reflect the intended character for the Precinct as a highly liveable transit centre. The controls also seek to achieve a well-connected pedestrian network, active street frontages, high quality architectural style and character, attractive streetscapes, public realm, common open space and car parking.
The draft Public Domain Plan seeks to enhance the image and amenity of the Precinct through the provision of street trees, footpath paving, furniture and landscaping to give the precinct a unique urban identity, whilst complementing the character of the surrounding area. It will provide the overall direction for creating coordinated public domain spaces that are attractive, safe and vibrant within the centre.
BACKGROUND
The Department of Planning & Environment commenced the planning process for the Showground Precinct in August 2014 and placed a package of controls for the Precinct on exhibition from December 2015 to February 2016.
Council raised objection to the Priority Precinct proposals in February 2016 and asked that the Minister for Planning ensure the proposals do not proceed to finalisation until key issues are resolved by the NSW Government and NSW Chief Town Planner.
Post exhibition, Council officers have been attempting to work with the Department of Planning and Environment to develop a base and incentivised yield methodology to facilitate realistic yields and provide certainty in terms of built forms, master planned outcomes, public domain improvements and infrastructure delivery.
On 17 October 2017, Council officers provided a number of draft internal working documents to the Department of Planning & Environment in an attempt to assist Department staff in resolving outstanding issues. These internal working documents were subsequently made public on the Department’s website, including the Department of Planning & Environment’s own post exhibition working draft plans.
The Department of Planning & Environment’s post exhibition package of controls only contained proposed amendments to Council’s LEP and excluded an area to be deferred from inclusion in the Plan along Cattai Creek. This area was proposed to be deferred to allow further work to ensure a mixed use outcome that will facilitate key public benefits including revitalisation of the Creek and access, to be funded through development.
Based on the Department’s post exhibition package the population projections for the Showground Precinct, excluding the deferred area, is projected to be approximately 8,400 dwellings (16,200 additional people) and 188,200m2 of employment floor space.
It is anticipated that the deferred area will yield approximately 2,000 dwellings and 270,400m2 of employment floor space, above what the post exhibition package provides.
Key elements of the post exhibition controls are taller buildings, up to 20 storeys, around the station on the northern side of Carrington Road. For land south of Carrington Road, on the eastern side of Cattai Creek, building heights will transition from 12 storeys down to 6 storeys with 3 storey terraces on the periphery. New commercial and mixed use buildings, on the western side of Cattai Creek, will transition from 16 storeys near the creek to 5 storeys near Victoria Avenue.
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Around the station, zero setbacks are proposed to facilitate ground level active uses.
Along Carrington Road, a setback of 5m is proposed which will provide a highly urbanised built form presentation to the new widened road profile for Carrington Road and will integrate well with the future built form on the station site. South of Carrington Road, within the residential area, wider 10m setbacks are proposed along Middleton Avenue, Fishburn Crescent and Showground Road. All other roads accommodating high density residential buildings will have a setback of 7.5m to facilitate a landscaped setting. Where terraces are proposed smaller 3m setbacks are proposed to create an urban terrace edge and to provide sufficient space for development to incorporate rear lane access. Existing setbacks within the employment area will generally be retained at 15m to local roads and 20m to Windsor Road.
It is worth noting that discussions have been held with some developers and landowners within the Precinct who are preparing to lodge development applications that would comply with the anticipated controls. Should this occur, it is imperative that a suitable Development Control Plan and Contributions Plan be at the exhibition stage to allow these applications to be assessed against the intended Precinct outcomes and provide for local infrastructure.
The location and extent of the Showground Precinct is included in the following figure.
Figure 1
Showground Priority Precinct
At the time of drafting of this report, the rezoning of the Showground Precinct had not occurred. While the draft Plans (attached to this report and recommended for exhibition) reflect the Department of Planning & Environment’s revised Precinct controls, it is likely that the draft Plans will require further refinement following exhibition to reflect the final land zoning and development standards for the Showground Precinct.
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REPORT
The purpose of this report is to consider a draft Development Control Plan, draft Contributions Plan and draft Public Domain Plan for the Showground Precinct and recommends that the plans be publicly exhibited. The report is structured into three (3) separate sections being:
• Draft DCP 2012 (Part D Section 19 – Showground Precinct);
• Draft Contributions Plan No.19 – Showground Precinct; and
• Draft Public Domain Plan – Showground Precinct.
1. DRAFT DEVELOPMENT CONTROL PLAN
As part of Council’s submission to the exhibited controls, it was noted that many of the recommended development controls were not sufficient to ensure the delivery of the quality built form outcomes for instance through inadequate landscaping, open space and setback controls. In recognition of these concerns and the Department’s post exhibition refinements to the intended built form outcome within the Precinct, alternative development controls have been prepared within a new section of The Hills Development Control Plan 2012 (Part D Section 19 – Showground Precinct). It is considered these controls more effectively align with Council’s vision for attractive and well connected neighbourhoods that achieve housing and jobs targets, create vibrant, safe and desirable places and reinforce the garden Shire character and lifestyle.
The proposed amendments to DCP 2012 seek to regulate future built form of development and ensure the delivery of a highly liveable urban area which reflects the intended character for the Precinct. The controls seek to achieve a well-connected pedestrian network, active street frontages, high quality architectural style and character, attractive streetscapes, integration of the public and private realm, common open space and appropriate provision of car parking. The proposed structure plan for the Showground Precinct is included in the following figure.
Figure 2
Showground Precinct - Structure Plan
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The draft development controls seek to reinforce key principles embedded in Council’s adopted strategic policy including:
• Achievement housing diversity;
• Protection of employment land;
• Encouraging transit oriented development;
• Access to infrastructure and open space; and
• Achievement of master planned outcomes.
The key matters covered within the DCP include the following:
• Precinct Structure;
• Desired Character Statements;
• General Controls (movement network, open space, public domain, overshadowing and solar access, water management, earthworks, ecological sustainable development and riparian corridors, vehicular and pedestrian movement, environment, stormwater, ecological sustainable development, heritage and public domain);
• Local Centre and Business Development (layout and character, setbacks, building layout and design and active street frontages);
• Apartment Controls (Site requirements, built form, setbacks, streetscape and public domain interface, residential uses on ground and first floors, podium and tower design, roof design and roof features, open space and landscaping, safety, noise and access);
• Terrace Controls (site requirements, building height, setbacks, building design and streetscape, open space and landscaping, rear laneways and access);
• Industrial and Business Development (setbacks, building design and layout); and
• Car/Bicycle Parking (parking rates and design).
The draft Development Control Plan is provided as Attachment 1.
2. DRAFT CONTRIBUTIONS PLAN
The Precinct is currently subject to the provisions of The Hills Section 94A Contributions Plan which levies development based on a percentage of the cost of works. This plan is suitable for established areas where incremental growth is anticipated, however it is not sufficient to provide for the infrastructure needs generated by urban release areas or large scale urban renewal areas such as the Showground Precinct.
Accordingly, a new Contributions Plan is required to identify the local infrastructure to support the demand generated by additional growth in population and employment floor space within the Precinct. The draft Contributions Plan (Attachment 2) will provide an appropriate mechanism to ensure that funding of this infrastructure is equitably distributed throughout the Precinct based on the anticipated growth. Where the demand for particular infrastructure is not solely attributable to future growth within the Precinct, the cost has been apportioned to the Precinct, with the remaining costs to be funded via alternative sources.
In recognition of the limited infrastructure analysis undertaken as part of the Priority Precinct Planning Process, Council has undertaken more analysis to identify what additional infrastructure will be required to support the future population, and identify infrastructure items to meet this demand. In particular, playing fields, expansion and embellishment of open space, stormwater management facilities, village plaza, roundabouts, traffic signals, road widening, pedestrian bridges, community centre and library floor space and other pedestrian facilities have been included in the draft Contributions Plan. An overview of the infrastructure items to be levied through the plan
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and the contribution rates for future development are detailed within the following section.
Development Yield
The draft Contribution Plan is based on servicing the anticipated dwellings/population and employment growth under the planning controls. Projections for the Showground Precinct are based upon a 20 year timeframe, with approximately 10,400 additional dwellings (20,000 additional people) and 460,000m2 of additional gross floor area for retail and commercial uses.
Open Space
To cater for the additional population, new open spaces and improvements to existing open spaces will be required.
Local Open Space - (Passive)
The Community Facilities and Open Space Study for the Showground Priority Precinct, recommended approximately 10ha of additional passive open space will be required to cater for an additional population of 20,000 people. This would typically take the form of designated local and neighbourhood parks as well as more informal areas within riparian corridors.
The purpose of passive open space is to provide informal play space and opportunities for supervised play within convenient walking distance from any given residence. It is proposed to meet the demand for passive open space generated by the future residents within the Showground Precinct though the provision of the following:
• Expansion of Cockayne Reserve (Creek Corridor) to include an additional 10,236m2;
• Expansion of Chapman Avenue Reserve to include an additional 4,059m2; and
• A town square urban plaza, located on the station site to the east of Doran Drive (connecting the station to the Showground), with an area of 1,150m2.
These three (3) opportunities above will provide approximately 15,445m2 of additional passive open space, which will result in a shortfall of approximately 84,555m2 (8.5ha) in comparison to the identified demand for passive open space. In recognition of this shortfall, this Plan includes a contribution towards future embellishment of the Showground for passive recreation opportunities, with a value equivalent to embellishing 84,555m2 of additional passive open space (being the identified shortfall in provision of passive open space). This is considered to be a reasonable contribution towards future embellishment of the Showground proportionate to the demand for this passive open space generated by development within the Showground Precinct.
Playing Fields (Active Open Space)
Future development within the Precinct will generate demand for approximately 4-5 playing fields. Given the high cost and low availability of land within and surrounding the Showground Priority Precinct, the provision of 4-5 new playing fields on newly acquired land within (or surrounding) the Precinct will not be possible. Accordingly, it is proposed to instead meet the additional demand for active open space through the combination of the following solutions:
• Expansion of Fred Caterson Reserve to provide an additional 3 single playing fields (allowing for 1 cricket oval) and associated parking, amenities, pathways and planting. The expansion of this existing facility would require relocation of the existing Pony Club on Gilbert Road which utilises this land. It should be noted that the Pony Club site is Crown Land and lease of the facility by the club is directly with the Crown. Further negotiation is required with the State
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Government and the Pony Club to secure this land for use as playing fields. It is considered that the relocation costs are a reasonable cost associated with making this land available for use as active open space (further, the anticipated costs associated with the relocation of the existing pony club are significantly less than land costs which would be associated with the acquisition of new ‘developable’
land within or surrounding the Precinct for use as active open space);
• The provision of 1 synthetic field – co-located in Castle Hill (to be determined);
• and Expansion of Castle Glen Reserve Playing Fields, including car parking, amenities and lighting to enable an additional field (for winter use) and increase the capacity of this reserve for organised sport during winter seasons.
The provision of four (4) new playing fields will result in a shortfall of 1 playing field.
However, it is considered that these new facilities will be adequately supplemented by the proposed increase in the capacity of existing land at Castle Glen Reserve. It is considered that the cumulative capacity generated by the active open spaces proposed under this Plan will be sufficient to meet the demand generated by an additional population of 20,000 people.
Traffic and Transport Facilities
The traffic and transport network within and around the Showground Precinct will be subject to a number of major improvements as part of the delivery of the Sydney Metro Northwest by the NSW Government and the development of areas within the Precinct.
Specifically, the following transport infrastructure will be provided by parties other than Council (including Transport for NSW, UrbanGrowth NSW and future individual developers within the Precincts) as development occurs, at no cost to Council:
• New local and collector roads within the Precinct (including roads within the station site and proposed new local roads within residential and commercial areas identified within the Showground Priority Precinct Development Control Plan).
• Intersection upgrades and signalisation as required at the following intersections:
− Showground Road and Carrington Road; and
− Showground Road and Victoria Avenue.
• Upgrade of the intersection of Windsor Road and Showground Road (left-turn into Showground Road).
In addition to these works, the following traffic and transport infrastructure will also be provided under this Contributions Plan to meet future demand, whilst ensuring an acceptable level of access, safety and convenience for all street and road users within the Showground Precinct:
• Widening and upgrade of Carrington Road between Showground Road and Victoria Avenue (4 lanes with central landscaped median);
• One (1) new roundabout at the intersection of Middleton Avenue and Fishburn Crescent;
• Upgrade and signalisation of the following intersections:
− Carrington Road and Victoria Avenue;
− Carrington Road and Middleton Avenue;
− Victoria Avenue and Anella Avenue/Hudson Avenue;
− Victoria Avenue and Hoyle Avenue/Gladstone Road;
− Extension of Ashford Avenue and Showground Road (left-in/left-out only);
• One (1) pedestrian bridge over Cattai Creek between Anella Avenue and the Showground;
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• One (1) pedestrian bridge over Carrington Road at Cattai Creek;
• Cycleway along Cattai Creek corridor between Showground Road and Cockayne Reserve; and
• Shared footpaths/cycleways along Salisbury Road (between Victoria and Windsor Road) and the remainder of Victoria Avenue (both sides) between Showground Road and Windsor Road.
The need to provide the traffic facilities identified in this part of the plan is generated by both residential and non-residential development within the Showground Precinct. It is therefore appropriate that all development within the Precinct be subject to the full cost of providing these traffic facilities. It is estimated that 40% of the cost of traffic infrastructure within this plan is apportioned to residential development within the Precincts, while the remaining 60% is apportioned to non-residential development within the Precincts.
Community Facilities
An additional population of approximately 20,000 people would typically generate demand for a minimum of 3,700m2 of additional community facility gross floor area comprising:
• 60% of a new branch library, equating to approximately 1,200m2 of library gross floor area; and
• Two (2) local community centres, equating to a minimum of 2,500m2 of multi- purpose community centre floor area.
The specific location of this additional community facility floor space has not yet been determined however it is anticipated that it could ideally be provided within designated floor space created in new developments in close proximity to the Showground Station (potentially within the Showground) to ensure these facilities are highly accessible. The demand for these community facilities is solely generated by the residential development within the Showground Precinct and it is therefore appropriate that residential development within this area be subject to the full cost of providing these community facilities.
Stormwater Management
Upgrades to the local pipe network are required to mitigate the impact of flooding as a result of new development in the vicinity within the Precinct. Stormwater drainage upgrade works have been identified based on preliminary estimates of pipe system upgrades required to ease the impacts of overland flowpaths on affected land within the Precinct. The delivery of these upgrades will reduce the identified hazards to future development.
Schedule and Cost of Works
The table below provides a summary of the cost of works and land within each infrastructure category, as well as the total cost of works to be provided under the draft contributions plan.
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Summary Total
Open Space - Land $63,232,772
Open Space - Capital $26,506,698
Community Facilities - Capital $14,467,063 Transport Facilities - Land $27,827,240 Transport Facilities - Capital $50,307,796 Water Management - Capital $10,312,381
Administration $1,523,909
Total $194,177,859
Table 1
Works Schedule by Contribution Category
It is noted that the above table includes the apportioned value of works and land which will be levied through the draft Contributions Plan.
Contribution Rates
Based on equitable distribution of the costs of the local infrastructure to be provided, the draft contributions plan establishes the following contribution rates for residential and non-residential development:
Table 2
Rates Schedule – Residential Development
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Table 3
Rates Schedule – Non-Residential Development Section 94 Development Contribution Cap
On 1 June 2017 the NSW Government announced a new package of measures designed to improve housing affordability across NSW. These policies take into account the difficulty that first home buyers face in entering the market, the state’s growing population and the need to ensure that development occurs close to essential infrastructure such as roads, railway lines and schools.
Part of the new package of reforms will apply to developer contributions and the Local Infrastructure Growth Scheme. In particular, the NSW Government will be gradually increasing the cap on developer contributions until the abolishment of the cap entirely on 30 June 2020 (at which time developers will be required to pay the full contribution rate under a Contributions Plan).
The Local Infrastructure Growth Scheme (LIGS) has in the past been used to fund the gap between the maximum contribution that councils can charge developers and what it actually costs councils to deliver the infrastructure. While the NSW Government will continue to provide LIGS subsidies to certain areas for the next three years (before the scheme is abolished on 30 June 2020), LIGS funding will not be available to any new areas, such as the Showground Precinct.
By removing the cap on contributions, the NSW Government will assist councils in these other areas to fund local infrastructure directly through their developer contributions. In these areas, such as the Showground Precinct, if contribution rates exceed the current cap levels ($20,000 per dwelling/lot for infill and $30,000 per dwelling/lot for greenfield), the contribution plans will still need to be subject to review by IPART in accordance with the Essential Works List prior to allowing residential development to be charged the full apportioned contribution rate (the cap does not impact on the amount that can be levied from non-residential development). As the draft Contributions Plan establishes a rate in
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excess of $20,000 per dwelling, it will need to be reviewed by IPART and endorsed by the Minister for Planning prior to adoption.
3. DRAFT PUBLIC DOMAIN PLAN
A key feature of transit oriented development is a high quality public domain. To this end, a Public Domain Plan has been prepared to provide consistent guidance for the delivery of public domain works throughout the Precinct. A consistent approach will enhance the image and amenity of the Precinct through the provision of street trees, footpath paving, furniture and landscaping to give the Precinct an urban identity as part of the centre, while complementing the character of the surrounding area.
The purpose of the draft Public Domain Plan, which is included as an attachment to this report (Attachment 3), is to serve as a manual to guide the future planning and design of the public domain within the Showground Precinct. The improvements envisaged in the Plan are to be provided as part of any street frontage work associated with developments in the Precinct and will be implemented through a condition of any approval.
IMPACTS Financial
The draft Contributions Plan identifies approximately $194 million of land and capital works required to support the envisaged development within the Showground Precinct.
This infrastructure would be funded, in part, using contributions collected from development within the Precinct. The draft Contributions Plan establishes contribution rates (for the 2017/2018 Financial Year) as follows:
• $14,348 per 1 bedroom unit;
• $15,192 per 2 bedroom unit;
• $21,100 per 3 bedroom unit;
• $26,164 per 4 bedroom unit;
• $28,696 per dwelling house, lot or dual occupancy dwelling; and
• $143 per m2 of non-residential gross floor area.
A detailed break-down of the contribution rate by facility category as well as the contribution rate for subsequent financial years is provided in Table 2 and Table 3 within Section 2 of this report.
The Hills Future - Community Strategic Plan
The proposed framework is consistent with the vision and objectives of The Hills Future – Community Strategic Plan as it will facilitate a desirable living environment and assists Council in meeting its growth targets. It is also consistent with the key strategy of managing new and existing development with a robust framework of policies, plans and processes that is in accordance with community needs and expectations.
RECOMMENDATION
Draft The Hills DCP 2012 Part D – Section 19 – Showground Precinct (Attachment 1), Draft Contributions Plan No.19 – Showground Precinct (Attachment 2) and Draft Public Domain Plan – Showground Precinct (Attachment 3), be exhibited for public comment.
ATTACHMENTS
1. Draft The Hills DCP 2012 (Part D Section19 – Showground Precinct) (93 pages) 2. Draft Contributions Plan No.19 – Showground Precinct (34 pages)
3. Draft Public Domain Plan – Showground Precinct (65 pages)
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 12 December 2017
669 RESOLUTION
Draft Contributions Plan No.11 – Annangrove Road Employment Area (Attachment 1 – ECM No. 16450108) be publicly exhibited in accordance with the requirements of the Environmental Planning and Assessment Regulation 2000 for a minimum period of 28 days.
Being a planning matter, the Mayor called for a division to record the votes on this matter
VOTING FOR THE MOTION Mayor Dr M R Byrne
Clr R A Preston Clr S P Uno
Clr B L Collins OAM Clr M G Thomas Clr E M Russo Clr F P De Masi Clr Dr P J Gangemi Clr R K Harty OAM Clr R M Tracey Clr R Jethi
Clr A N Haselden
VOTING AGAINST THE MOTION None
ABSENT
Clr A J Hay OAM
Councillor Russo having previously declared a non-pecuniary and less than significant conflict of interest for Item 11 and remained in the room.
Councillor Jethi having previously declared a non-pecuniary and less than significant conflict of interest for Item 11 and remained in the room.
ITEM-11 SHOWGROUND PRIORITY PRECINCT - DRAFT DEVELOPMENT CONTROL PLAN, CONTRIBUTION PLAN AND PUBLIC DOMAIN PLAN (FP223)
A MOTION WAS MOVED BY COUNCILLOR HASELDEN AND SECONDED BY COUNCILLOR UNO THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.
670 RESOLUTION
Draft The Hills DCP 2012 Part D – Section 19 – Showground Precinct (Attachment 1), Draft Contributions Plan No.19 – Showground Precinct (Attachment 2) and Draft Public Domain Plan – Showground Precinct (Attachment 3), be exhibited for public comment.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 12 December 2017
Being a planning matter, the Mayor called for a division to record the votes on this matter
VOTING FOR THE MOTION Mayor Dr M R Byrne
Clr R A Preston Clr S P Uno
Clr B L Collins OAM Clr M G Thomas Clr E M Russo Clr F P De Masi Clr Dr P J Gangemi Clr R K Harty OAM Clr R M Tracey Clr R Jethi
Clr A N Haselden
VOTING AGAINST THE MOTION None
ABSENT
Clr A J Hay OAM
CALL OF THE AGENDA
A MOTION WAS MOVED BY COUNCILLOR HARTY OAM AND SECONDED BY COUNCILLOR RUSSO THAT Items 13, 14, 16, 17, 18, 19, 20, 21, 22, 24 and 25 be moved by exception and the recommendations contained in the reports be adopted.
THE MOTION WAS PUT AND CARRIED.
671 RESOLUTION
Items 13, 14, 16, 17, 18, 19, 20, 21, 22, 24 and 25 be moved by exception and the recommendations contained in the reports be adopted.
ITEM-13 STATUS REPORT - EXTRACTIVE INDUSTRY 672 RESOLUTION
The report be received.
ITEM-14 PROPERTY DEALINGS RELATING TO DEVELOPMENT MATTERS
673 RESOLUTION
1. Council consent to the cancellation of five restrictions and two positive covenants from the title of Lot 2 DP 1199445 (647 River Road, Lower Portland), and the associated request documents/ dealings be authorised for execution under Council seal.
