• No results found

2. The Voluntary Planning Agreement be executed and registered on the title of the land prior to the planning proposal being progressed to finalisation.


Academic year: 2023

Share "2. The Voluntary Planning Agreement be executed and registered on the title of the land prior to the planning proposal being progressed to finalisation."


Loading.... (view fulltext now)

Full text

A copy of the Council Officer's Assessment Report for the Local Planning Panel, which recommended that the planning proposal not proceed with the Gateway Designation, is provided as Attachment 1 to this report. The planning proposal has not adequately addressed the flooding impacts that may be associated with the redevelopment of the area;

Table  1  below  provides  a  comparison  between  the  existing  development  standards,  the  relevant strategic framework and the proposed amendments
Table 1 below provides a comparison between the existing development standards, the relevant strategic framework and the proposed amendments


Key Consideration Comment

Key Consideration Comment

As shown, the desired reduction in building height represents a better outcome, reducing the scale of the development when viewed from residential areas and the local park at the rear of the site. The progress of the proposal would also allow government input and community views to be taken into account.

PAGE 101 Key Consideration Comment

Based on the information provided to date, it is considered that the proposed development concept has the potential to further maximize solar access to the adjacent residential properties to the rear of the site and recent revisions to the proposal have sought to improve these outcomes. The proposed development includes the provision of a plaza to the front of Brookhollow Avenue, communal open space to the rear of the site and a continuous pedestrian link linking Brookhollow Avenue with Fairmont Avenue Reserve through the center of the site.

PAGE 103 Key Consideration Comment

It is therefore expected that the site can continue to meet the Council's requirements for rainwater design as part of the future redevelopment of the site. The council has only been informed that the relevant results of the study and modeling will now not be available until the end of 2021.

PAGE 105 Key Consideration Comment

Key Consideration Comment Voluntary Planning


In accordance with the Council's adopted Local Strategic Planning Statement, district planning for Norway Strategic Center is currently underway and will progress during 2021, however, remains dependent on regional traffic which has again been delayed due to the COVID-19 pandemic . Given the above, and notwithstanding the recommendation of Council officers, it would be entirely reasonable for Council to conclude that the determination of outcomes for this site should be part of the district planning and decide that the proposal should not proceed to Gateway determination not.

IMPACTS Financial

Nevertheless, it remains correct to argue that planning for the level of elevation sought by the petitioner would be better completed as part of district planning for the wider Norwest Strategic Centre, rather than isolated as a site-specific planning proposal, and that district planning is likely would provide the opportunity to achieve superior results on site compared to those depicted in the planning proposal. While the path of district planning justifies consideration by the Council, it should further be noted that the Council has previously supported the advancement of other planning proposals within the Norwest Strategic Center to Gateway Determination prior to district planning, including Norwest Station Site (6/2019/PLP ), 2-4 Burbank Place (18/2018/PLP) and 8 Solent Circuit (11/2018/PLP), all of which broadly conform to the strategic planning framework in a manner similar to the present filing.

Strategic Plan - Hills Future

A formal decision by Council not to proceed would provide certainty regarding the application and would enable the proponent to consider their options in terms of next steps and potential avenues of appeal (request for zoning review).


PAGE 109 outcome can be achieved on the site. Should the proposal proceed to Gateway


Prior to the proposal being forwarded to the Department for Gateway Determination, the Proponent be required to submit an updated Planning Proposal Report, Traffic Impact

Council accept, in principle, the draft Voluntary Planning Agreement (Attachment 4), with the VPA to be subject to legal review (at the cost of Proponent), updated in accordance




PAGE 111


12/04/2021 VPA offer letter submitted to Council with a monetary contribution equal to 3% of the cost of development. The purpose of this report is to submit the subject planning proposal to the Local Planning Panel for advice, in accordance with Section 2.19 of the Environmental Planning and Assessment Act 1979.

PAGE 113

The planning proposal aims to facilitate the redevelopment of the site to accommodate a commercial development of 26,484 m2 of commercial gross floor area (GFA) and 380 parking spaces within 3 parking levels. The raised floor slab results in a 10m extension of the building to the rear boundary and then the backward setbacks and open space on the site are reduced.

PAGE 115

While no DCP has been submitted in support of the planning proposal, the petitioner has suggested that a site-specific DCP would be willing to supervise the built form results on site should the matter move forward to Gateway Determination. In support of the scheduling proposal, an offer letter has been submitted to enter into a Voluntary Scheduling Agreement (VPA).

PAGE 117


The proposed plan is consistent with this objective as it seeks to facilitate additional commercial floor space and increased commercial employment opportunities within the Norwest Strategic Center and 600m walking distance from Norwest Metro Station. The provision of increased commercial employment opportunities must be done in a sensitive manner that can be supported by the appropriate infrastructure and does not compromise the facilities of the Norwest Business Park as an attractive place to work.

PAGE 119

The planning proposal seeks an FSR of 4:1 for the subject site, which is double the

The planning proposal is consistent with this planning priority as it would significantly increase commercial floor space within the Norwest Strategic Center and align with the highly trained professional workforce within The Hills. The planning proposal is consistent with this planning priority as it seeks to facilitate a full commercial development outcome.

PAGE 121

The planning proposal is consistent with this guidance as it seeks to stimulate employment growth in the identified business zone in the immediate vicinity of Norwest Underground Station, which would support the future viability of Norwest Business Park. The planning proposal does not comply with this guidance as it proposes a density and character outcome that goes well beyond what is defined in the Corridor Strategy as discussed earlier in this report.

PAGE 123

The residences to the south of the affected site currently contain low-density housing, but have been identified for potential development of 3-6 storey residential condominiums under The Hills Corridor strategy. For reference, Figure 9 below shows the visual relationship between the proposed 6-storey part of the development to the rear, with the adjacent low-density residential area.

PAGE 125

In addition, the development concept fails to comply with key Hills DCP requirements such

The planning proposal does not show how the development will ensure that the visual privacy of neighboring residential properties is maintained. The original urban design report submitted with the proposal indicates that the majority of adjacent residential properties will achieve a minimum of 4 hours of solar access.

PAGE 127

The proposed development outcome includes a plaza fronting Brookhollow Avenue, a park towards the rear of the site and a link to the site from the lower ground floor to the first floor landing. It is likely that the capacity of the road network will be a key limiting factor in the scale of development that can be accommodated in the wider Norwest Precinct area.

PAGE 129

An analysis of appropriate infrastructure required to meet future demand at the site will be undertaken as part of the Neighborhood Planning for Norway, which is currently underway. In recognition of this, the Proponent submitted a letter of offer on 12 April 2021 to enter into a Voluntary Planning Agreement in support of the planning proposal.

PAGE 131

Strategic Plan – The Hills Future

The planning proposal is inconsistent with the desired outcomes of The Hills Future in that it will facilitate a development outcome which is at variance with the current and planned future character of the site and adjacent land. The proposal seeks to allow a density that is beyond the built-up capacity of the area, which is likely to set an undesirable precedent for sites on the periphery of the area and at the interface with residential areas.

PAGE 133


The Hills Corridor Strategy - the proposal doubles the identified FSR of 2:1 for the site in question and fails to provide an appropriate building height transition and fails to address the interface with adjacent low-density residential areas;. The Hills Local Strategic Planning Statement - the proposal precedes the completion of Norwest's detailed district planning (including associated traffic modeling and infrastructure and employment analysis) as identified in the LSPS and as such the request for a planning proposal is premature for completion of wider area planning currently underway;

PAGE 135

Greater Sydney Region Plan and District Plan – the proposal does not consider the provision of infrastructure that would be required to service the additional lift sought. North West Rail Link Corridor Strategy (NWRL) – the proposal doubles the expected density for the area and will result in a proposed built form that will not integrate properly with the built form intended for the site.

PAGE 137

Land to which this Section applies

This portion of the DCP applies to the area outlined in red, which is land at 14-16 Brookhollow Avenue, Lot 3 DP 1010849 as shown in Figure 1 – Land covered by the DCP.

Purpose of this Section

PAGE 139

Relationship to other Sections of the DCP

Development of the site should take into account this part of the DCP and other relevant parts within DCP 2012. The site has a total area of ​​6,621 m2 and is located on the edge of the Norwest Business Park and Norwest Metro Station Precinct.

PAGE 141

Setbacks and Landscaping

Minimum building setbacks should be ensured in accordance with the setbacks illustrated in Figure 3. Plant species should be appropriate for the specific context and microclimate within the development.

PAGE 143

  • Design and Built Form
  • The bulk and scale of the development is to be treated through the use of appropriate materials, colours and landscape treatment and with consideration of view corridors to and from surrounding
  • Building footprints and heights shall be generally in accordance with Figure 4 below
  • Built form should incorporate a stepped design from the first to the fourth storey (at a minimum), as shown in Figure 5 below
  • The built form, including levels, shall be in accordance with the flood planning requirements stipulated in Part C Section 6 – Flood Controlled Land of The Hills Development Control Plan 2012

Native ground covers and grasses should be used in garden beds and path surrounds (turf should be limited to usable outdoor areas). Drought-tolerant plant species and species that strengthen habitats and ecology must be prioritized.

Figure 3: Building Setbacks
Figure 3: Building Setbacks

PAGE 145

Parking and Vehicular Access

Car parking must be provided at a minimum rate of 1 space per 60m2 commercial gross floor area. Basement parking must extend above ground level to a maximum of 1.2 meters for ventilation purposes only and is not to reduce the potential for deep-rooted plantings and effective landscaping on the site.

Public Domain and Pedestrian Amenity

Access to parking areas shall be established in accordance with the requirements of Part C, Section 1 – Parking of the Hills Development Control Plan 2012. Access to parking areas should not adversely affect pedestrian movement or the visual amenity of the public domain on Brookhollow Avenue.

PAGE 147

Solar Access and Overshadowing


14-16 Brookhollow Avenue, Norwest



PAGE 149

Amendment of the LEP Amendment of the local environmental plan The Hills 2019 as far as it relates to the land.

PAGE 151

The developer has offered development contributions in the form of monetary contributions if there is a change in the instrument under the conditions set forth in this agreement. The words used in this document and the applicable rules of interpretation are defined and explained in the definitions and interpretation clause at the back of this agreement.

PAGE 153

Where the Council is not the certifying authority for any aspect of the Proposed Development, the Developer must provide the private certifier with a copy of this Agreement appointing a private certifier. If the dispute is not resolved within 15 business days after the meeting of appointed representatives, either party may give the other party a written notice requesting resolution of the dispute (Notice of Dispute) by mediation pursuant to Section 13.5.

PAGE 155

In accordance with section 6.8 of the Act and clause 146A of the Regulation, the obligation to pay Monetary Contributions under this Agreement must be fulfilled prior to the issue of any Occupation Certificate for any Development Consent for the Proposed Development or any part of the Proposed Development if such A professional certificate is required. The Council will, at the request of the Developer, exempt the Land from registration of this document when the Monetary Contributions have been received by the Council and no other money is owed to the Council in terms of this Agreement.

PAGE 157

The provisions of this document are not in conjunction with any action taken or document performed by any party for the purpose of executing this document. Each representation in this document survives the execution of each document for the purposes of, and continues after, the execution of this document.

PAGE 159

This document grants rights only to a person designated as a party and not to any other person. A party's rights under this document are cumulative and do not exclude any rights established by law.

PAGE 161

Proposed Development means any redevelopment of the Land, including but not limited to, the outcomes sought to be facilitated by the Planning Proposal and Instrument Amendment. In this document, unless the context otherwise requires: a) Headings of clauses and sub-clauses are for reference purposes only;.

PAGE 163

The common seal of The Hills Shire Council was affixed pursuant to a resolution passed by the council on date of insertion in the presence of:.

PAGE 165


PURPOSE + CONTEXT A revised development plan has been prepared for 14-16 Brookhollow Ave which seeks to: •Deliver an FSR of 2.65:1 (reduced from 4:1) •Deliver a reduced building height of RL129.2 (reduced from RL 150m). high availability and facilities. This summary advice, prepared by Urbis + Stantec/GTA, seeks to: 1. Review the transport implications arising from the revised proposal, 2. Consider the wider transport context for the area, including consideration of cumulative impacts of development yield beyond the minimum area recommendation in the Hills Corridor- the strategy – e.g. FSR of 2.65:1 vs 2:1 3. Consider the intended outcome against the current controls and traffic modeling currently underway.

PAGE 167

Green travel plans will remain important to business – This includes education, incentives, access to car sharing etc. 14-16 Brookhollow Ave is no different and the new FSR does not • A continued focus on co-location of land uses will be important - e.g. . childcare + office that allows parents + children in the same location, with walkable access • A continued focus on increased local job opportunities will be important - less need to travel further afield according to the district plan recommendations for a '3 • Cycle parking /end of trip facilities on site – this is considered a 'new normal' expectation for commercial development and critical factor to attract t •3% VPA contribution – this remains the best estimate, in line with officer recommendations + estimates for Norwest .

PAGE 169

2.65:1 FSR would result in 210 and 280 vehicle trips in each rush hour based on the road-wide traffic model. 1:1 FSR would result in 80 and 105 vehicle trips in each rush hour based on the road-wide traffic model.

PAGE 171

STRATEGIC TRANSFER REVIEW – PRELIMINARY CALCULATIONS •Similar lift across the surrounding 2:1 Brookhollow area has been taken into account, which is important to understand overall traffic. Some initial calculations/assumptions are given below: •100,000m2 BFA and 2:1 FSR = 200,000 m2. This review has been informed by: •Latest information available in terms of regional traffic modeling •Hills Corridor Strategy recommendations/assumptions •Detailed Traffic Impact Assessment completed for 'over-station' •Parking Strategy Reports and recommendations for Norwest Statio •Preliminary assessments completed for 14-16 Brookhollow Ave •Reports to Council in terms of VPA estimates and reasonable costs •A formal cumulative assessment may be required as part of Gate, providing further opportunity to verify these initial findings.

ON-STREET PARKING MEASURES The specific and adopted

PAGE 173

PAGE 175


Table  1  below  provides  a  comparison  between  the  existing  development  standards,  the  relevant strategic framework and the proposed amendments
Figure 4  Indicative Site Plan
Figure 5 Indicative Site Plan
Table 3 below provides a comparison of contribution rates that are applicable to non- non-residential development elsewhere in the Shire under the relevant Contributions Plans.


Related documents

5 Where the Rule Change Proposal will be progressed under the Fast Track Rule Change Process, the Rule Change Notice must include: a a request for submissions and the closing date for