Planning Proposal - hornsby.nsw.gov.au · Planning Proposal Planning Proposal - Rezone Land from B2...

Planning Proposal

Planning Proposal - Rezone Land from B2 Local Business to R3 Medium Density Residential

Lot 1 & 2, DP 346522 7-9 Alexandria Parade,

Waitara, NSW 2077

PO Box 1044 NARRABEEN NSW 2101

Ph 02 9970 5675 Email [email protected]

ABN 64 098 723 749

15002.4

September 2015

© Innovation Planning Australia Pty Ltd. Reproduction of this document without prior permission is not permitted

DOCUMENT TRACKING

Author(s) Robert McGuinness

Version No. Status Date File Name

1 Final 18/04/15 15002.1 PP 2 Final 04/07/2015 15002.1 PP_V2 3 Final 16/09/2015 15002.4 PP

TABLE OF CONTENTS 1

Planning Proposal - Rezone Land to Residential Page i

Lot 1 & 2 in DP 346522, 7-9 Alexandria Pde, Waitara

1 INTRODUCTION 1

1.1 Background 1 1.2 Structure of Report 2 1.3 Consultation 2 1.4 Site Features 3

1.4.1 The Land 3 1.4.2 Topography 4 1.4.3 Existing development 4 1.4.4 Land Title and Easements 7 1.4.5 Context 8 1.4.6 Surrounding development 8 1.4.7 Flooding & Watercourses 10 1.4.8 Ecology 10 1.4.9 Geology 10 1.4.10 Heritage 10 1.4.11 Bushfire 10 1.4.12 Services 10 1.4.13 Contamination 11 1.4.14 Transport & Access 11 1.4.15 Existing zoning 11

2 INTENDED OUTCOMES OF PLANNING PROPOSAL 15

2.1 Objectives and Intended Outcomes 15 2.1.1 Objective 15 2.1.2 Outcomes 15

2.2 Explanation of Provisions 16

3 JUSTIFICATION OF PLANNING PROPOSAL 19

3.1 The need for the planning proposal 19 3.1.1 Is the planning proposal a result of any strategic study or report? 19 3.1.2 Is the planning proposal the best means of achieving the objectives or intended outcomes, or is there a better way? 21 3.1.3 Is there a net community benefit? 22

3.2 Relationship to strategic planning framework 25 3.2.1 Is the planning proposal consistent with the objectives and actions contained within the applicable regional or sub-regional strategy (including the Sydney Metropolitan Strategy and exhibited strategies)? 25 3.2.2 Is the planning proposal consistent with the local Council’s Community Strategic Plan, or other local strategic plan? 25 3.2.3 Is the planning proposal consistent with applicable state environmental planning policies? 26 3.2.4 Is the planning proposal consistent with applicable Ministerial Directions? 29

3.3 Environmental, social and economic impact 30 3.3.1 Is there any likelihood that critical habitat or threatened species, populations of ecological communities, or their habitats, will be adversely affected as a result of the proposal? 30 3.3.2 Are there any other likely environmental effects as a result of the planning proposal and how are they to be mitigated? 30 3.3.3 How has the planning proposal adequately addressed any social and economic effects? 30

3.4 State and Commonwealth interests 30

TABLE OF CONTENTS 1

Planning Proposal - Rezone Land to Residential Page ii


3.4.1 Is there adequate public infrastructure for the planning proposal? 30 3.4.2 What are the views of State and Commonwealth public authorities consulted in accordance with the gateway determination? 30

4 COMMUNITY CONSULTATION REQUIRED 32

5 CONCLUSION 33

ATTACHMENT 1 – Deposited Plan Image xxxiv

ATTACHMENT 2 – Air Photo xxxv

LIST OF FIGURES Figure 1. Subject site (red arrow). 3 Figure 2. Site location directly opposite Waitara Railway Station 4 Figure 3. View of the site from Alexandria Parade looking north 5 Figure 4. View from the western frontage to Orara Street. 5 Figure 5. View looking east to the corner of the site. 6 Figure 6. View south along Orara Street to the site. 6 Figure 7. View north west to the site with the Asquith Leagues Club in the foreground and high density residential in the background. 7 Figure 8. Pedestrian crossing to the Waitara Railway Station 100m to the east of the site. 7 Figure 9. High Density residential Development opposite the site to the west 8 Figure 10. High Density Development to the west of the site 9 Figure 11. High Density development to the east and west of the site 9 Figure 12. Heritage shop to the east of the site 10 Figure 13. 1943 Aerial photography of the site (source: maps.six.nsw.gov.au) 11 Figure 14. Existing LEP Zone RU4 Primary Production Small Lots 13 Figure 15. The extent of high density development clearly visible surrounding the site. 14 Figure 16. Proposed Zoning R3 Residential Medium Density Residential 17 Figure 17. Proposed height limit of T1 26.5m 17 Figure 18. North Region Strategic Centres (Source: A Plan for Growing Sydney) 21

INTRODUCTION 1

Planning Proposal - Rezone Land to Residential Page 1


1 INTRODUCTION 1.1 Background The site is known as Lot 1 & 2 in DP 346522, or commonly as 7-9 Alexandria Parade, Waitara The owner of Lot 2, which owns and operates the existing aged care facility (Tallwoods Corner Aged Care) on the corner of Myra Street and Alexandria Parade is seeking to develop the site for the purposes of aged care. The site will provide synergies and efficiencies with the existing operation, due to its proximity to the existing operation and the railway station. The site is currently zoned B2 Local Centre under the Hornsby Local Environmental Plan 2013. It is proposed to rezone the land to R3 Medium Density Residential, with a height limit of 26.5m for the principle purpose of developing housing for seniors, together with a gymnasium and local shop at ground and first floor levels. It is proposed to remove any Floor Space Ratio controls from the site, consistent with the adjoining residential land. This Planning Proposal is the first step in creating a new Local Environmental Plan (LEP). A planning proposal is a document that explains the intended effect of the proposed LEP and the justification for making it. This Report has been prepared in accordance with the NSW Department of Planning and Infrastructure documents A Guide to Preparing Local Environmental Plans and A Guide to Preparing Planning Proposals. The latter document requires the Planning Proposal to include as a minimum the following four parts:

Part 1 – A statement of the objectives or intended outcomes of the proposed LEP (EP&A Act 1979 s. 55(2)(a);

Part 2 – An explanation of the provisions that are to be included in the proposed LEP (EP&A Act 1979 s. 55(2)(b);

Part 3 – The justification for those objectives, outcomes and provisions and the process for their implementation (EP&A Act 1979 s. 55(2)(c);

A. The need for the planning proposal

i. Is the planning proposal a result of any strategic study or report?

ii. Is the planning proposal the best means of achieving the objectives or intended outcomes, or is there a better way?

iii. Is there a net community benefit?

B. Relationship to strategic planning framework.

iv. Is the planning proposal consistent with the objectives and actions contained within the applicable regional or sub-regional strategy (including the Sydney Metropolitan Strategy and exhibited strategies)?

v. Is the planning proposal consistent with the local Council’s Community Strategic Plan, or other local strategic plan?

vi. Is the planning proposal consistent with applicable state environmental planning policies?

INTRODUCTION 1



vii. Is the planning proposal consistent with applicable Ministerial Directions?

C. Environmental, social and economic impact.

viii. Is there any likelihood that critical habitat or threatened species, populations of ecological communities, or their habitats, will be adversely affected as a result of the proposal?

ix. Are there any other likely environmental effects as a result of the planning proposal and how are they to be mitigated?

x. How has the planning proposal adequately addressed any social and economic effects?

D. State and Commonwealth interests.

xi. Is there adequate public infrastructure for the planning proposal?

Part 4 – Details of the community consultation that is to be undertaken on the Planning Proposal (EP&A Act 1979 s. 55(2)(e);

1.2 Structure of Report

This report is structured to provide all the information necessary for the Council and Department of Planning and Infrastructure to determine whether to support the proposal and to pass it through to Gateway Determination as follows:

Section 1 provides the background, a description of the site and surrounds, and existing planning controls.

Section 2 addresses the requirements in Part 1 above, the objectives and intended outcomes of the planning proposal

Section 3 explains Part 2, the provisions to be included in the proposed LEP.

Section 4 addresses Part 3, the objectives, outcomes and provisions and the process for their implementation.

Section 5 details the community consultation required in Part 4.

1.3 Consultation Several meetings have been held with Council staff to discuss the Planning Proposal. A proposal (for discussion) was lodged with Council in July 2015 to rezone the land from B2 to R3, the same as this proposal. Council staff indicated that the proposal should be updated to address:

The need for, and public benefit of permitting senior housing on land in addition to the SEPP;

An alternate approach to rezoning the land R3 Medium Density Residential which is considered inconsistent with the zone objectives; and

Preliminary concept plans that detail how a development would be appropriately sited on the land in accordance with Council’s DCP and the requirements of SEPP 65.

Public benefit is addressed in section 3.1.3 of this proposal. The alternative approaches to this proposal are discussed in section 3.1.2 of this proposal.

INTRODUCTION 1



Normally, designs would not accompany a planning proposal for rezoning. However a concept massing diagram is included in Figure 18 in section 2.2 of this proposal.

1.4 Site Features A thorough investigation of the site has been undertaken to identify preliminary constraints and opportunities.

Figure 1. Subject site (red arrow). Source: maps.six.nsw.gov.au 1.4.1 The Land The site is situated on the corner of Alexandria Parade and Orara Street, Waitara and is currently in two titles. It has frontage of around 25m to Alexandria Parade and around 62.4m to Orara Street for an area of approx. 1,391.5m². It is located on the directly opposite the Waitara Train Station, in the centre of a high density residential zone (Figure 14). A copy of the Deposited Plan is included in Attachment 1 to this report.

INTRODUCTION 1



Figure 2. Site location directly opposite Waitara Railway Station

1.4.2 Topography The site has an area of approx. 1,391m² and slopes gently from south to north about 1m although it is almost entirely built upon. 1.4.3 Existing development The site currently contains a commercial office (realestate Agent) and a Gymnasium. Both are two stories high, with entrances at ground level fronting Alexandria parade. Both have car parking off Orara Street, with the Realestate Agent’s 2 spaces directly fronting the street, and the Gymnasium a larger defined car park. The Asquith Leagues Club is located adjoining the site to the east. Photos of the site and surrounds are included in Figures 3 – 12 and a larger aerial photograph included in Attachment 2 to this report.

INTRODUCTION 1



Figure 3. View of the site from Alexandria Parade looking north

Figure 4. View from the western frontage to Orara Street.

INTRODUCTION 1



Figure 5. View looking east to the corner of the site.

Figure 6. View south along Orara Street to the site.

INTRODUCTION 1



Figure 7. View north west to the site with the Asquith Leagues Club in the foreground and high density residential in the background.

Figure 8. Pedestrian crossing to the Waitara Railway Station 100m to the east of the site.

1.4.4 Land Title and Easements

INTRODUCTION 1



The Deposited Plan is included in Attachment 1 to this report. The site is located at 7-9 Alexandria Parade, Waitara (Lots 1 & 2 in DP 346522). Although the DP appears to indicate the presence of an easement for stormwater across the northern edge, this area of the site is built upon, so it is assumed that the natural watercourse noted on the plan has been piped. There do not appear to be any other restrictions on the title. 1.4.5 Context The site is at heart of the high density residential precinct surrounding the Waitara Railway Station. It is 100m walk east from the site to the pedestrian crossing which leads directly to the station. Westfield Shopping Centre is located 580m north west from the site, which is on the edge of the Hornsby CBD. 1.4.6 Surrounding development Surrounding development primarily includes high density residential development, with some older housing stock. Adjoining the site to the east is the Asquith Leagues Club, and antique shop. Sporting fields and facilities are located about 200m to the north east. The surrounding area continues to be redeveloped for medium –high residential development as it is ideally situated in close proximity to the Hornsby CBD and the major rail connections to North Sydney and the CBD via the north shore line and also via Strathfield.

Figure 9. High Density residential Development opposite the site to the west

INTRODUCTION 1



Figure 10. High Density Development to the west of the site

Figure 11. High Density development to the east and west of the site

INTRODUCTION 1



Figure 12. Heritage shop to the east of the site

1.4.7 Flooding & Watercourses There is a note on the Deposited Plan that a natural watercourse at the rear of the site. There is no visible evidence of this remaining and it is assumed that the watercourse has been piped as part of the previous surrounding development, and that on the site. The site is not mapped within Councils records as being flood prone. 1.4.8 Ecology The site does not contain any vegetation and has been completely developed. Therefore there are no ecological values on the site 1.4.9 Geology The site is underlain with geologically stable bedrock and deep soils which do not present a constraint to urban development. 1.4.10 Heritage There are no items of environmental heritage on the site. However the adjoining site is listed as being Item 773 in Council’s LEP, at 11-37 Alexandria Parade. The reality is the shop listed is on the southern corner with the Asquith Leagues Club situated in between. 1.4.11 Bushfire The site is not located on bushfire prone land, and is not within a bushfire buffer area. 1.4.12 Services Full services are currently available to the site.

INTRODUCTION 1



1.4.13 Contamination The site has been developed for a considerable time. The 1943 aerial photography shows the site cleared and there does not appear to be a history of any agriculture or industrial uses on the site. It is most likely that if redeveloped, the requirement for underground parking would result in the need for the site to be excavated. At Development Application stage, detailed contamination testing could be undertaken.

Figure 13. 1943 Aerial photography of the site (source: maps.six.nsw.gov.au)

1.4.14 Transport & Access The site is well served by an established road network. Alexandria Parade runs east west past the site and crosses the railway line 200m to the west, and intersect Inrgam Street which crosses the line 600m to the east. Both roads lead directly to the Pacific Highway. The M1 Motorway is located 1.4km to the east of the site. Hornsby CBD is located about 800m to the northwest of the site, and is the intersection of the two main railway lines servicing the City. The Northern Line runs from Hornsby through Waitara to North Sydney and the Sydney City CBD. The Central Line runs from Hornsby to the Sydney CBD via Chatswood. Waitara Railway Station is situated directly opposite the site, and is a short 100m walk east to the pedestrian crossing over Alexandria Parade and tunnel under the line to the platform, and provides access to Hornsby and stations to the north, and also stations down to the Sydney CBD. Bus services are also readily available with the nearest stop being 150m away on the Pacific Highway side of the Waitara Railway Station, or 360m to the north at the end of Orara Street on Edgeworth David Avenue. 1.4.15 Existing zoning The site is currently zoned B2 Local Centre under the Hornsby Local Environmental Plan 2013. The objectives of the zone are:

INTRODUCTION 1



• To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.

• To encourage employment opportunities in accessible locations. • To maximise public transport patronage and encourage walking and

cycling. Landuses permitted and prohibited on the site are as follows: 2 Permitted without consent Environmental protection works 3 Permitted with consent Boarding houses; Child care centres; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Group homes; Hostels; Information and education facilities; Medical centres; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Service stations; Shop top housing; Tourist and visitor accommodation; Water reticulation systems; Any other development not specified in item 2 or 4 4 Prohibited Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home businesses; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Research stations; Residential accommodation; Resource recovery facilities; Rural industries; Sewage treatment plants; Sex services premises; Storage premises; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies All residential accommodation on the site is prohibited with the exception of group homes and hostels. residential accommodation means a building or place used predominantly as a place of residence, and includes any of the following:

(a) attached dwellings, (b) boarding houses, (c) dual occupancies, (d) dwelling houses, (e) group homes, (f) hostels, (g) multi dwelling housing, (h) residential flat buildings, (i) rural workers’ dwellings, (j) secondary dwellings, (k) semi-detached dwellings,

INTRODUCTION 1



(l) seniors housing, (m) shop top housing,

but does not include tourist and visitor accommodation or caravan parks. The land adjoining the site to the north east and west is zoned R4 High Density Residential. The objectives of that zone are to:

• To provide for the housing needs of the community within a high density residential environment.

• To provide a variety of housing types within a high density residential environment.

• To enable other land uses that provide facilities or services to meet the day to day needs of residents.

Figure 14. Existing LEP Zone RU4 Primary Production Small Lots

The current zoning of the site, together with the planning controls of building height of 8.5m and FSR control of 0.5:1 effectively restrict the site to the current uses, compared to the surrounding area. These controls are out of context with the surrounding development and the strategic location of the site, particularly given the proximity of the surrounding business precincts.

INTRODUCTION 1



Figure 15. The extent of high density development clearly visible surrounding the site.

+

INTENT OF PLANNING PROPOSAL 2



2 INTENDED OUTCOMES OF PLANNING PROPOSAL

2.1 Objectives and Intended Outcomes The purpose of the planning proposal is to facilitate the urban growth of Hornsby, located in close proximity to a major transport node, by allowing for residential development, including development for seniors housing. The proposed zoning also permits the inclusion of neighbourhood shops on the site, and the existing recreation facility which retains the local service objectives of the zone. The height proposed allows for a vertical village of seniors housing to 8 stories. 2.1.1 Objective To facilitate the development land for residential purposes (including seniors housing) in a manner that is consistent with the context and potential of the site. It is also intended to retain some of the commercial uses on the site allowed within the R3 zone, such as neighbourhood shops and recreational facilities as these directly serve the local high density community. Zone R3 Medium Density Residential 1 Objectives of zone

• To provide for the housing needs of the community within a medium density residential environment.

• To provide a variety of housing types within a medium density residential environment.

• To enable other land uses that provide facilities or services to meet the day to day needs of residents.

2 Permitted without consent Environmental protection works 3 Permitted with consent Attached dwellings; Boarding houses; Building identification signs; Business identification signs; Child care centres; Community facilities; Dwelling houses; Emergency services facilities; Flood mitigation works; Group homes; Home-based child care; Home occupations; Multi dwelling housing; Neighbourhood shops; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Residential flat buildings; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Water reticulation systems 4 Prohibited Any development not specified in item 2 or 3 2.1.2 Outcomes In meeting the above objective, it is intended the following outcomes will be achieved:

The environmental values of the site will be protected and enhanced.




The provision of housing, particularly for aged persons in an orderly manner, consistent with Council’s and the State Government desired strategies in areas with good access to public transport and services.

The retention of local businesses servicing the immediate and surrounding community.

The proposal meets the objectives of the proposed zone as set out below: The proposal meets the needs of the community by providing

additional housing options within a medium density environment. There is a very high demand for seniors housing within the aging community, and the demand is not able to be met. While Council considers medium density development three stories, it can typically be 6 to 8 stories high. In this case however, the zone is chosen because of the range of land uses permissible within the zone, namely neighbourhood shops, recreation facilities (indoor) and seniors housing. It is more appropriate to select a preferred zone based on land use, than density of development.

The range of permissible housing types is allowed on the site in very close proximity to the railways station.

The proposed zoning allows the retention of business uses on the site that are currently there and that would likely be required to serve the local community. Such uses include convenience store or gymnasium. It should be noted that the building height and FSR controls for the current B2 make it unlikely to ever be redeveloped for business purposes. The lack of surrounding commercial activity isolates the site for future business development.

2.2 Explanation of Provisions Specifically, the Hornsby Local Environmental Plan 2013 will be amended in the following manner:

1. Amendment of Hornsby LEP 2013 Land Zoning Map sheet LZN-017_020 from B2 Local Business to R3 Residential Medium Density (as shown in Figure 16).

2. Amendment of Hornsby LEP 2013 Height of Buildings Map Sheet HOB_017_020 to include the subject site within the T1 26.5m control.

3. Amendment of Hornsby LEP 2013 Floor Space Ratio Map Sheet FSR_017_020 to remove the FSR control from the site




Figure 16. Proposed Zoning R3 Residential Medium Density Residential

Figure 17. Proposed height limit of T1 26.5m

The Floor Space Ratio map would also be amended to remove the site from any controls, consistent with the adjoining residential lands. The remaining planning LEP planning controls and provisions would apply.

R3

T1




It is also noted that the current controls in Council’s Hornsby Development Control Plan 2013 will apply. At this stage no unique site specific controls are anticipated, however these could easily be developed once support for the proposal is achieved. The following diagram indicates a concept massing and scale of the site as a result of the proposed amendments.

Figure 18. Potential massing on the site

JUSTIFICATION OF PLANNING PROPOSAL 3



3 JUSTIFICATION OF PLANNING PROPOSAL

3.1 The need for the planning proposal 3.1.1 Is the planning proposal a result of any strategic study or

report? A Plan for Growing Sydney The State Government released its document A Plan for Growing Sydney in December 2014. It sets a vision Sydney for the next 20 years being: a strong global city, a great place to live.

To achieve this vision, the Government has set down goals that Sydney will be:

• a competitive economy with world-class services and transport;

• a city of housing choice with homes that meet our needs and lifestyles;

• a great place to live with communities that are strong, healthy and well connected; and

• a sustainable and resilient city that protects the natural environment and has a balanced approach to the use of land and resources.

The Plan sets out actions that will deliver these goals for Sydney. Each goal has a number of priority areas (directions which provide a focus for the actions). The actions include:

• accelerating urban renewal across Sydney at train stations, providing homes closer to jobs;

• growing a more internationally competitive Sydney CBD;

• growing Greater Parramatta as Sydney’s second CBD;

• transforming the productivity of Western Sydney through growth and investment;

• enhancing capacity at Sydney’s Gateways – Port Botany, Sydney Airport and Badgerys Creek Airport;

• delivering the infrastructure that is needed;

• promoting Sydney’s arts and culture, tourism and entertainment industries;

• protecting our natural environment; and

• managing long-term growth. The Strategy, Hornsby is identified as a Strategic Centre within the North Subregion. Strategic centres are areas of intense, mixed economic and social activity that are built around the transport network and feature major public investment in services such as hospitals and education and sports facilities. Together, these centres form a network of transport-connected hubs that help to make Sydney a networked and multi-centred city. The Government will:

• support council-led urban infill and to support local efforts to lift housing production around local centres, transport corridors and public transport access points; and




• work with councils to improve their urban renewal skills, and to improve the coordination between the NSW Government, councils and private proponents of local urban infill projects.

It will also:

• investigate the potential for future urban renewal in the following additional corridors: Sutherland to Sydenham;

• East Hills to Sydenham; • Hornsby to Strathfield via Epping; • Hornsby to North Sydney via Gordon; and • Kings Cross to Bondi Junction.

Accelerate housing supply, choice and affordability and build great places to live

• Work with councils to identify suitable locations for housing and employment growth coordinated with infrastructure delivery (urban renewal) and train services,

With particular reference to Hornsby, the Government will:

• Work with council to retain a commercial core in Hornsby, as required, for long-term employment growth.

• Work with council to provide capacity for additional mixed-use development in Hornsby including offices, retail, services and housing.

• Support health-related land uses and infrastructure around Hornsby Ku-ring-gai Hospital.

• Work with council to improve walking and cycling connections between Hornsby train station and Hornsby Ku-ring-gai Hospital.

The proposed development would be consistent with A Plan for Growing Sydney by providing additional housing opportunity (particularly Seniors housing and the subsequent employment it generates) in close proximity to transport and business centres, and would contribute towards housing choice in the locality.




Figure 19. North Region Strategic Centres (Source: A Plan for Growing Sydney)

3.1.2 Is the planning proposal the best means of achieving the

objectives or intended outcomes, or is there a better way? The owner of Lot 2, which owns and operates the existing aged care facility (Tallwoods Corner Aged Care) on the corner of Myra Street and Alexandria Parade is seeking to develop the site for the purposes of aged care. The site will provide synergies and efficiencies with the existing operation, due to its proximity to the existing operation and the railway station.




The planning proposal is the only way of achieving the desired outcome within the current legislative framework. The land must be rezoned before it can be redeveloped. The only path to rezoning an individual parcel (or multiple parcels) of land is through a Planning Proposal. As discussed in Section 1.3 above, consultation has been undertaken with Council staff and a number of options considered. These include:

1. Finding an alternative site within 400m of the Waitara railway station and relying upon the provisions of the SEPP (Housing for Seniors or People with a Disability 2004).

2. Finding a site within an alternative zone such as R3 or R2 and relying on the provisions of the SEPP.

3. Joining with the Asquith leagues Club to undertake a scheme consolidated on both sites.

4. Options to retain the existing B2 zone and increase the height of buildings permissible on the site, and make seniors housing permissible in the zone through an amendment to schedule 1 of the LEP.

In relation to point 1, the owner has engaged the services of two independent realestate agents to identify land available for sale within the R4 zoned land. There is none available, and the majority has been optioned for future high density residential development. In relation to point 2, this option is no longer feasible to gain sufficient land to provide around 100 beds given land prices within the current economic climate. In addition, the SEPP relies upon the density, setback and building height controls of the existing zoning, thus prohibiting the opportunity for a vertical village type of development that we are seeking to achieve with this proposal. In relation to point 3, the owner has written to the Asquith Leagues Club, but has received no reply. This option would require the demolition of the club and a complete rebuild, which would potentially cause significant disruption for members. Option 4 was considered to be the best feasible alternative, however Council in its letter of 21 August 2015 indicated it would not support such a proposal. It is therefore considered that the current planning proposal provides the best response to the site. Seniors housing is permissible in the zone, and therefore reliance on the SEPP is not required. The existing commercial development remains permissible on the site under the proposed zoning provisions. The height controls provide the required yield to make the development viable. 3.1.3 Is there a net community benefit? There is a significant community benefit. The current zoning and planning controls leave the site undevelopable for any purpose other than the existing uses, and provide no opportunity for housing of any type in such close proximity to the Railway Station. . The proposed amendments will enable options for redevelopment of the site for local business purposes and for the development of additional housing




for seniors in close proximity to the main transport node. There is a very high demand for seniors housing in close proximity to transport and services and a corresponding lack of land available. The proposal will therefore provide a significant community benefit. Corresponding positive community benefits include increased employment opportunities close to the railway station, and subsequent flow on effect for spending in the local area. There is no natural environment being adversely affected. The development proposed will not create constraints on any future planning for the area. At the same time the development is not dependent on further development in the area as it is not separate from the present urban area and its facilities. The Governments Draft Centres policy sets out the criteria to assist in determining whether there is a net community benefit. The Net Community Benefit Test is reproduced in the following table. Evaluation Criteria Yes/No Comments Will the LEP be compatible with agreed State and regional strategic direction for development in the area (eg land release, strategic corridors, development within 800 metres of a transit node)?

Yes The proposed rezoning is compatible with the priorities of the A Plan for Growing Sydney, and is within 100m of a train station.

Is the LEP located in a global/regional city, strategic centre or corridor nominated within the Metropolitan Strategy or other regional/subregional strategy?

Yes The site is located within Hornsby in the North Region Strategic Centres of A Plan for Growing Sydney.

Is the LEP likely to create a precedent or create or change the expectations of the landowner or other landholders?

No No.. The site adjoins an existing high density residential area. The surrounding area is zoned for a higher density than the proposed zoning for the site.

Have the cumulative effects of other spot rezoning proposals in the locality been considered? What was the outcome of these considerations?

Yes The site is small and in the context of the surrounding high density area will have minimal impact.

Will the LEP facilitate a permanent employment generating activity or result in a loss of employment lands?

No The rezoning will result in housing for residents (particularly seniors housing) and will provide support local businesses and surrounding community facilities.

Will the LEP impact upon the supply of residential land and therefore housing supply and affordability?

Yes. The proposal will positively contribute to the supply of residential land, consistent with the desired growth indicated within A Plan for Growing Sydney.

Is the existing public infrastructure (roads, rail, utilities) capable of servicing the proposed

Yes All the infrastructure already exists.




Evaluation Criteria Yes/No Comments site? Is there good pedestrian and cycling access? Is public transport currently available or is there infrastructure capacity to support future public transport? Will the proposal result in changes to the car distances travelled by customers, employees and suppliers? If so, what are the likely impacts in terms of greenhouse gas emissions, operating costs and road safety?

Yes It is likely the residents and business users will use public transport readily available to the site. .

Are there significant Government investments in infrastructure or services in the area whose patronage will be affected by the proposal? If so, what is the expected impact?

No There is no requirement for significant new infrastructure. All services are available to the site.

Will the proposal impact on land that the Government has identified a need to protect (e.g. land with high biodiversity values) or have other environmental impacts? Is the land constrained by environmental factors such as flooding?

No The land is not constrained by any environmental factors.

Will the LEP be compatible/complementary with surrounding land uses? What is the impact on amenity in the location and wider community? Will the public domain improve?

Yes The surrounding land to the north West and East is zoned R4 High Density Residential. The public domain will improve with a better designed building on the site which offers a more contemporary and sympathetic streetscape.

Will the proposal increase choice and competition by increasing the number of retail and commercial premises operating in the area?

No There are currently only two commercial premises on the site. This is likely to remain the case, although it is expected the use may change.

If a stand-alone proposal and not a centre, does the proposal have the potential to develop into a centre in the future?

N/A

What are the public interest reasons for preparing the draft plan? What are the implications of not proceeding at that time?

There is a significant demand for seniors housing supply within the Hornsby area. This site will allow the development of such housing in a location that will provide easy access to services and transport. The available sites are currently limited in the area, by zoning controls and availability.




Evaluation Criteria Yes/No Comments The implications for not proceeding are a significant delay in bringing additional housing opportunities online, which is inconsistent with the strategy set out in A Plan for Growing Sydney. The rezoning process will take at least 12 months and the subsequent development approval and construction phase around 2 years.

It is concluded therefore that the proposal will provide a net community benefit for the following reasons:

It supports the objectives of A Plan for Growing Sydney in meeting growth targets for Hornsby.

It provides an appropriate use of land that is in keeping with the adjoining residential development pattern, form and character.

The proposal will provide an alternative housing choice in Hornsby Shire, and is immediately accessible to public transport.

The site is located within an existing high density residential area, and the zoning will allow the provision of neighbourhood shops (which are in short supply) and other local services such as recreation facilities (Gymnasium).

The proposal will not result in any significant adverse environmental impacts.

The development will create local employment opportunities through construction jobs associated with the building and operation of the facility.

3.2 Relationship to strategic planning framework 3.2.1 Is the planning proposal consistent with the objectives

and actions contained within the applicable regional or sub-regional strategy (including the Sydney Metropolitan Strategy and exhibited strategies)?

The relevant components of A Plan for Growing Sydney and sub-regional planning have been discussed in section 3.1. 3.2.2 Is the planning proposal consistent with the local

Council’s Community Strategic Plan, or other local strategic plan?

The proposal specifically contributes toward the provision of additional new seniors housing dwellings in Waitara and is consistent goal P8.1 of the Hornsby Community Plan 2013-2023 by increasing the number of dwellings towards Councils target of 975 by 2021. Goals P9.1, P9.2 and P9.3 can also be achieved by placing housing within easy access to sustainable transport.




3.2.3 Is the planning proposal consistent with applicable state

environmental planning policies? There are a number of State policies that apply to the site, however the majority are not applicable as the proposal is for rezoning, and not a development. Many of the SEPP’s may become applicable down the track. Note that Regional Plans are now considered to be SEPP’s. STATE/REGIONAL POLICY COMMENTS SEPP No.1

Development Standards

N/A Hornsby LEP 2013 cl 4.6 replaces SEPP.

SEPP No.4

Development Without Consent and Miscellaneous Complying Development

N/A

SEPP No.

Number of Storeys in a Building N/A

SEPP No.15

Rural Land-Sharing Communities

N/A

SEPP No.19

Bushland in Urban Areas N/A

SEPP No.21

Caravan Parks N/A

SEPP No.22

Shops and Commercial Premises

N/A

SEPP No.26

Littoral Rainforests N/A

SEPP No.29

Western Sydney Recreational Area

N/A

SEPP No.30

Intensive Agriculture N/A

SEPP No.32

Urban Consolidation (Redevelopment of Urban Land)

N/A

SEPP No.33

Hazardous and Offensive Development

N/A

SEPP No.36

Manufactured Home Estates N/A

SEPP No.39

Spit Island Bird Habitat N/A

SEPP No.41

Casino/Entertainment Complex N/A

SEPP No.44

Koala Habitat Protection N/A




STATE/REGIONAL POLICY COMMENTS SEPP No.47

Moore Park Showground N/A

SEPP No.50

Canal Estate Development N/A

SEPP No.52

Farm Dams and other works in Land and Water Management Plan Areas

N/A

SEPP No.55

Remediation of Land N/A

It is unlikely the land will be contaminated.

SEPP No.59

Central Western Sydney Economic & Employment Area

N/A

SEPP No.60

Exempt and complying Development

N/A

SEPP No.62

Sustainable Aquaculture N/A

SEPP No.64

Advertising and Signage N/A

SEPP No.65

Design Quality of Residential Flat Development

N/A

SEPP No.70

Affordable Housing (Revised Schemes)

N/A

SEPP No.71

Coastal Protection N/A

SEPP(Affordable Rental Housing) 2009 SEPP (Building Sustainability Index: BASIX) 2004

N/A The site is ideally orientated north which will facilitate BASIX compliance.

SEPP (Exempt and Complying Development Codes) 2008

N/A

SEPP (Housing for Seniors or People with a Disability) 2004

Yes The amended zoning will allow the creation of a much higher number of dwellings for seniors.

SEPP (Infrastructure) 2007 N/A SEPP (Kosciuszko National Park – Alpine Resorts) 2007

N/A

SEPP (Major Development) 2005 N/A SEPP (Mining, Petroleum Production and Extractive Industries) 2007

N/A

State Environmental Planning Policy (Rural Lands) 2008

N/A

SEPP (SEPP 53 Transitional Provisions) 2011

N/A

SEPP (State and Regional Development) 2011

N/A

State Environmental Planning Policy N/A




STATE/REGIONAL POLICY COMMENTS (Sydney Drinking Water Catchment) 2011 State Environmental Planning Policy (Sydney Region Growth Centres) 2006

SEPP (Temporary Structures) 2007 N/A State Environmental Planning Policy (Urban Renewal) 2010

N/A

State Environmental Planning Policy (Western Sydney Employment Area) 2009

N/A

State Environmental Planning Policy (Western Sydney Parklands) 2009

Sydney REP No.5

Chatswood Town Centre N/A

Sydney REP No.6

Gosford Coastal Areas N/A

Sydney REP No.7

Multi-Unit Housing Surplus Government Sites

N/A

Sydney REP No.8

Central Coast Plateau Areas N/A

Sydney REP No.9

Extractive Industry (No. 2) N/A

Sydney REP No.10

Blue Mountains Regional Open Space

N/A

Sydney REP No.11

Penrith Lakes Scheme N/A

Sydney REP No.13

Mulgoa Valley N/A

Sydney REP No.14

Eastern Beaches N/A

Sydney REP No.16

Walsh Bay N/A

Sydney REP No.17

Kurnell Peninsula N/A

Sydney REP No.18

Public Transport Corridor N/A

Sydney Rouse Hill Development Area N/A




STATE/REGIONAL POLICY COMMENTS REP No.19 Sydney REP No.20

Hawkesbury Nepean River (No. 2 – 1997)

N/A

Sydney REP No.21

Warringah Urban Release Areas N/A

Sydney REP No.24

Homebush Bay Area N/A

Sydney REP No.25

Orchard Hills N/A

Sydney REP No.26

City West N/A

Sydney REP No.27

Wollondilly Regional Open Space N/A

Sydney REP No.28

Parramatta N/A

Sydney REP No.29

Rhodes Peninsula N/A

Sydney REP No.30

St. Marys N/A

Sydney REP No.31

Regional Parklands N/A

Sydney REP No.33

Cooks Cove N/A

Sydney REP 200

Sydney Harbour Catchment N/A

3.2.4 Is the planning proposal consistent with applicable

Ministerial Directions? The following S117 directions are applicable to the site. Direction Consistent Direction 1.1 Business and Industrial Zones

Yes. The proposed zoning allows the retention of the existing recreational business




(gymnasium) on the site, and allow neighbourhood shops on the site, which are most likely to be more viable than an isolated commercial premises under the current zone.

Direction 3.1 - Residential Zones Yes, the proposal encourages the variety and choice of housing types, makes efficient use of existing infrastructure and minimises the impact of residential development on the environment and resource lands.

Direction 7.1 Metropolitan Planning

Yes, the proposal is entirely consistent with A Plan for Growing Sydney, by virtue of locating new housing (particularly housing for seniors) within close proximity to a major transport node. It also protects local business by allowing neighbourhood shops and recreational facilities.

3.3 Environmental, social and economic impact 3.3.1 Is there any likelihood that critical habitat or threatened

species, populations of ecological communities, or their habitats, will be adversely affected as a result of the proposal?

No, there is no habitat on the site. 3.3.2 Are there any other likely environmental effects as a result

of the planning proposal and how are they to be mitigated?

No. The site is entirely developed currently and there will be no change to any environmental circumstances as a result of the redevelopment of the site. 3.3.3 How has the planning proposal adequately addressed any

social and economic effects? The proposal demonstrates the economic and social benefits through increased opportunities for housing choice, employment throughout future construction and businesses on the site, and support for local businesses and community services.

3.4 State and Commonwealth interests 3.4.1 Is there adequate public infrastructure for the planning

proposal? No public infrastructure will be required to be augmented to support the development of the site for residential purposes. All services are available to the site currently 3.4.2 What are the views of State and Commonwealth public

authorities consulted in accordance with the gateway determination?

The Gateway determination will identify the extent of consultation required with State or Commonwealth Public Authorities.




It is likely that this will include:

1. Consultation that is required because in the opinion of the Minister (or delegate), a State or Commonwealth public authority will or may be adversely affected by the proposed LEP. These are likely to include, but not be limited to:

Sydney Water

Energy Australia

Transport for NSW - Sydney Trains

COMMUNITY CONSULTATION REQUIRED 4



4 COMMUNITY CONSULTATION REQUIRED The document “A guide to preparing local environmental plans” outlines the consultation required for different types of planning proposals. For the purpose of public notification the guide distinguishes between “low impact” and other types of planning proposals. It is considered that the planning proposal is a “low impact” being “a planning proposal that, in the opinion of the person making the gateway determination, is consistent with the pattern of surrounding land use zones and/or land uses, is consistent with the strategic planning framework, presents no issues with regard to infrastructure servicing, is not a principal LEP and does not reclassify public land.” Low impact proposals are to be exhibited for a minimum of 14 days. In addition, consultation should to be undertaken with Hornsby Shire Council and the key stakeholders within the local community. These will include but not be limited to:

The adjoining and surrounding land owners.

Local business groups.

CONCLUSION 5



5 CONCLUSION As demonstrated throughout this planning proposal, there are compelling opportunities for rezoning the land for medium density residential purposes consistent with A Plan for Growing Sydney, desires of the Council and broader community as identified in the Hornsby Community Plan 2013-2023. There is a significant shortfall in the supply of residential land available for the development of seniors housing in the area and the land can be readily developed through the development of a vertical village. Limited environmental investigations are required, and the site is ideally located. Council, as the Responsible Planning Authority, is requested to support this Planning Proposal and forward it to the Department of Planning and Environment for progression through the “Gateway” process.

Planning Proposal - Rezone Land to Residential Page xxxiv


ATTACHMENT 1 – Deposited Plan Image

Planning Proposal - Rezone Land to Residential Page xxxv


ATTACHMENT 2 – Air Photo Source: https://maps.six.nsw.gov.au/

Planning Proposal - Rezone Land to Residential Page xxxvi


Planning Proposal - hornsby.nsw.gov.au · Planning Proposal Planning Proposal - Rezone Land from B2...

Documents

Transcript of Planning Proposal - hornsby.nsw.gov.au · Planning Proposal Planning Proposal - Rezone Land from B2...