NSW Planning &
GOVERNMENT
Infrastructure
Mr Dave Walker General Manager The Hills Shire Council P0 Box 75
CASTLE HILL NSW 1765
011111 ll Il 11hI II
qBl 85304lull 11fl Ilifi ll H
12/02945
Department Generated Correspondence (Y)
Contact: Tim Archer Phone: (02) 9873 8500 Fax: (02) 9873 8599
Email: Tim.Archer©planning.nsw.gov.au Postal: Locked Bag 5020, Parramatta NSW 2124 Our ref: PP_201 2_THILL_001 _00 (12/02090) Your ref:
DOC. No.:
BOX No.:
29 FEB 2012
Dear Mr Walker,
THE_HILLS SHIRE
Re: Planning proposal to amend the building height and floor space ratio for Lofilil 0P1146629, also known as 51 Old Castle Hill Road, Castle Hill, to align The Hills Shire Council's comprehensive/principal LEP with the recently commenced controls for this site (as contained in the Baulkham Hills DCP)
I am writing in response to your Council's letter dated 11 January 2012 requesting a Gateway Determination under section 56 of the Environmental Planning and Assessment Act 1979 ("EP&A Act") in respect of the planning proposal to amend the draft The Hills Local Environmental Plan by amending the building height and floor space ratio for Lot 101 DPI 146629, also known as 51 Old Castle Hill Road, Castle Hill, to align The Hills Shire Council's comprehensive/principal LEP with the recently commenced controls for this site (as contained in the Baulkham Hills DCP).
As delegate of the Minister for Planning and Infrastructure, I have now determined that the planning proposal should proceed subject to the conditions in the attached Gateway Determination.
It is noted that Council's principal Standard Instrument LEP has not yet been notified.
Consequently, unless The Hills SILEP is made prior to exhibition commencing, this planning proposal is to be amended to provide detail as to how it will amend Council's current LEP 2005 and the draft The Hills LEP 2010. All mapping and associated exhibition material should clearly identify how the proposal will change existing and proposed controls so that the community is aware of the potential impacts of the planning proposal proceeding. Council should liaise with the Department's Regional Planning Team prior to commencing exhibition to ensure that the information provided is appropriate.
As Council is proposing to increase the height for development on the site, it is considered appropriate that Council also identify an applicable Floor Space Ratio (FSR) control for the site.
This will ensure that Council's desired outcome (ie a 'landmark' development) will be delivered within the context of sound urban design controls. Council is to develop urban design principles which will lead to the identification of an appropriate FSR control for the site. Council should also prepare an appropriate FSR Map for the site and place this on exhibition with the planning proposal. Council may also need to amend the planning proposal to reflect the desired urban outcome, especially in relation to Part 2 of the documents - Explanation of the Planning Proposal.
The amending Local Environmental Plan (LEP) is to be finalised within 9 months of the week following the date of the Gateway Determination. Council should aim to commence the exhibition of the planning proposal as soon as possible following the completion of the required additional urban design analysis. Council's request for the Department to draft and finalise the LEP should be made six (6) weeks prior to the projected publication date.
Bridge Street Office: 23-33 Bridge Street, Sydney NSW 2000 GPO Box 39 Sydney NSW 2001 DX 22 Sydney Telephone: (02) 9228 6111 Facsimile: (02) 9228 6455 Website: www.planning.nsw.gov.au
The State Government is committed to reducing the time taken to complete LEPs by tailoring the steps in the process to the complexity of the proposal, and by providing clear and publicly available justification for each plan at an early stage. In order to meet these commitments, the Minister may take action under s54(2)(d) of the EP&A Act if the time frames outlined in this determination are not met.
Should you have any queries in regard to this matter, please contact Tim Archer of the Regional Office of the Department on 02 9873 8500.
Yours sincerely,
Sam Haddad Director General
Department of Planning and Infrastructure
2Lf1 21 2.oVl
4 NSW Planning& I
GOVERNMENT
Infrastructure
Gateway Determination
Planning proposal (Department Ref: PP_2012_THILL_OO1_OO): to amend the building height and floor space ratio for Lot 101 DPI 146629, also known as 51 Old Castle Hill Road, Castle Hill, to align The Hills Shire Council's comprehensive/Principal LEP with the recently commenced controls for this site (as contained in the Baulkham Hills DCP).
I, Director General, Department of Planning and Infrastructure as delegate of the Minister for Planning and Infrastructure, have determined under section 56(2) of the EP&A Act that a planning proposal to amend the draft The Hills Local Environmental Plan by amending the building height and floor space ratio for Lot 101 DP1146629, also known as 51 Old Castle Hill Road, Castle Hill, to align The Hills Shire Council's comprehensive/principal LEP with the recently commenced controls for this site (as contained in the Baulkham Hills DCP) should proceed subject to the following conditions:
Unless The Hills SILEP is made prior to exhibition commencing, the planning proposal is to be amended to provide detail as to how it will amend Council's current LEP 2005 and the draft The Hills LEP 2010. All mapping and associated exhibition material should clearly identify how the proposal will change existing and proposed controls so that the community is aware of the potential impacts of the planning proposal proceeding. Council should liaise with the Department's Regional Planning Team prior to commencing exhibition to ensure that the information provided is appropriate based on the progress for the notification of Council's draft The Hills LEP 2010.
2. Council is to develop urban design principles which will lead to the identification of an appropriate FSR control for the site. Council should also prepare an appropriate FSR Map for the site and place this on exhibition with the planning proposal. Council must amend the planning proposal to reflect the outcome of this urban design analysis especially in relation to Part 2 of the documents - Explanation of the Planning Proposal. A copy of the revised planning proposal and additional exhibition material is to be provided to the Department's Regional Planning Team prior to exhibition.
3. Community consultation is required under sections 56(2)(c) and 57 of the Environmental Planning and Assessment Act 1979 ("EP&A Act") as follows:
(a) the planning proposal is classified as low impact as described in A Guide to Preparing LEPs (Department of Planning 2009) and must be made publicly available for 14 days; and
(b) the relevant planning authority must comply with the notice requirements for public exhibition of planning proposals and the specifications for material that must be made publicly available along with planning proposals as identified in section 4.5 of A Guide to Preparing LEPs (Department of Planning 2009).
4. Consultation is required with the following public authorities under section 56(2)(d) of the EP&A Act:
Maritime and Roads Services
This public authority is to be provided with a copy of the planning proposal and any relevant supporting material. The public authority is to be given at least 21 days to comment on the proposal, or to indicate that they will require additional time to comment on the proposal. Public authorities may request additional information or additional matters to be addressed in the planning proposal.
THE HILLS PP201 2_THILL_001_00 (12/02090)
NSW Planning&
GOVERNMENT
Infrastructure
5. A public hearing is not required to be held into the matter by any person or body under section 56(2)(e) of the EP&A Act. This does not discharge Council from any obligation it may otherwise have to conduct a public hearing (for example, in response to a submission or if reclassifying land).
6. The timeframe for completing the LEP is to be 9 months from the week following the date of the Gateway determination.
Dated day of fj'I,Y4.4aq 4
_
2012.Sam Haddad Director General
Delegate of the Minister for Planning and Infrastructure
THE HILLS PP2012_THILL_00100 (12/02090)
4k.
kICUIanning
GOVERNMENT
Infrastructure
qA250092 qA250092 1 3/06372
Department Generated Correspondence (Y) Contact: Chris Browne Phone: 02 9860 1108
Email: chris.browne©planning.nsw.gov.au Mr Dave Walker
General Manager The Hills Shire Council P0 Box 75
CASTLE HILL NSW 1765
Your ref: 4/2012/PLP
Attention: Bronwyn Smith
Dear Mr Walker
Subject: Gateway Conditions in Planning Proposal for 51 Old Castle Hill Road, Castle Hill
I refer to Council's letter seeking written advice from the Department acknowledging that Council has met Gateway Conditions 1 and 2, and requesting an extension of the Gateway timeframe. I apologise for the delay in responding.
Gateway Condition 1 requires that Council provide advice on how it will amend either Baulkham Hills LEP 2005 or Council's then draft Principal LEP. The Hills LEP 2012 being now in force, I am satisfied that Council has met this Condition.
Gateway Condition 2 requires Council to develop urban design principles which can be used to establish an FSR control for the site, and to incorporate this new information into Part 2- Explanation of Provisions of a revised Planning Proposal. I am in receipt of this information and am satisfied that it meets Gateway Condition 2.
In light of this, Council may now proceed with the Planning Proposal.
As previously advised, the Gateway timeframe has been extended to 30 May 2013. As this is unlikely to be adequate, my office is currently arranging for a further extension and you will be formally advised when the extension is agreed.
If you have any further queries in regard to this matter, please do not hesitate to contact Chris Browne, of the Department's Sydney West office, on 9860 1108.
Yours sincerely
I DOC. No.: I
09/05/2013 Peter Goth
Regional Director Sydney West
BOX No.:
I
1. 0 MAY 2013
THE HILLS SHIRE COUNCIL
Mr Dave Walker General Manager The Hills Shire Council PO Box 7064
BAULKHAM HILLS BC NSW 2153
Dear Mr Walker,
Your Ref: 8/2012/PLP Our Ref: 13/03292
Planning Proposal – Gateway Determination extension
I refer to Council’s letter of 19 February 2014 requesting an extension of time for the planning proposal for 51 Old Castle Hill Rd, Castle Hill, and to Council’s letter of 24 March 2014 requesting an extension of time for the planning proposal for 488-494 Old Northern Rd, Dural.
As delegate of the Minister for Planning, I have, under section 56(7) of the
Environmental Planning and Assessment Act 1979, altered the Gateway Determination by extending the timeframe under section 56(2)(f) of the Act for completion of the planning proposals listed below.
Planning Proposal Extension New due date
PP_2012_THILL_001_00 6 months 28 August 2014
PP_2013_THILL_003_00 3 months 27 June 2014
If you have any questions in relation to this matter, please contact Mr Chris Browne, of the Department of Planning and Environment’s Parramatta office on (02) 9860 1108.
Yours sincerely
13/5/14 Rachel Cumming
Director, Metropolitan Delivery (Parramatta) Growth Planning and Delivery
As delegate of the Minister for Planning
Alteration of Gateway Determination
Planning proposal (Department Ref: PP_2012_THILL_001_00)
I, Rachel Cumming, the Director, Metropolitan (Parramatta), at the Department of Planning and Environment, as delegate of the Minister for Planning, have determined, under section 56(7) of the Environmental Planning and Assessment Act 1979 (“EP&A Act”), to alter the Gateway determination dated 24 February 2012, for the proposed amendment to The Hills Local Environmental Plan 2012 as follows:
1. Delete:
condition “6”
and replace with:
a new condition 6 “The LEP is to be finalised by 31 August 2015”.
Dated 21st day of November 2014
21/11/14
Rachel Cumming Director
Metropolitan (Parramatta) Planning Services
Delegate of the Minister for Planning
