August 2023

The Sydney South Planning Panel (Panel) considered the rezoning review request along with Council's advice. The Panel determined that an increase in residential density has strategic merit. However, the Panel resolved to defer its final decision pending confirmation from the applicant that they agree to:

a) Revise the Planning Proposal to be consistent with Council’s draft Beverly Hills Town Centre Master Plan, 2020 (draft Master Plan), as amended by the Principles in Council’s resolution dated 24 April 2023, specifically (c) and (d) c.i-iv (the Principles) (attached to the Panel decision); and

b) Subsequently provide additional information and a revised Planning Proposal to address the Panel’s concerns.

October 2023

As background, Council adopted the Overland Flow Floodplain Risk Management Study and Plan for Hurstville, Mortdale and Peakhurst wards. The study has significant implications for the Planning Proposal and was raised by Council with the Department.

November 2023

In response to the August Panel decision, the applicant submitted a revised Planning Proposal seeking to:

• Increase the Floor Space Ratio from 2:1 to part 2:1, 3:1, 3.5:1 and 5:1.

• Increase the height from 15m to part 28m, 33m and 39m.

December 2023

The Panel considered the revised Planning Proposal along with Council’s advice. The Panel determined the Planning Proposal should be submitted for a Gateway Determination because the proposal to increase residential density has demonstrated strategic merit and, subject to revisions as outlined in the Panel’s decision, demonstrates site specific merit. These revisions included addressing environmental constraints including flooding, the existing gas pipeline and traffic.

The Panel recommended that prior to submitting the Planning Proposal for a Gateway Determination, the Planning Proposal will need to be revised to be generally consistent with Council’s draft Master Plan, as amended by the Principles in Council’s resolution dated 24 April 2023. Panel recommendations include:

(i) Residential Flat Building (RFB) be an additional permitted use (APU) at the rear of the site adjoining Dumbleton Lane. The APU should extend for 26m from Dumbleton Lane. The remainder of the site will only permit dwellings as shop top housing. 

(ii) Add a site specific clause, or other mechanism, which provides:

• A maximum height of building (HOB) for:

1. 423-505 King Georges Road of part 12m (for 26m from Dumbleton Lane) and part 21.4m for the remainder of the lots.

2. The corner ‘gateway’ lots, being 407-421 and 507-511 King Georges Rd, of part 12m (for 14m from the western boundary) and part 31.4m for the remainder of the lots.

• A maximum floor space ratio (FSR) of 3.5:1, including a non-residential FSR of 0.75:1.

• The maximum HOB and FSR can only be achieved if the following are provided:

1. A minimum width of 20m to King Georges Road.

2. Width of Dumbleton Lane is increased by 3m.

3. Development of the site is consistent with requirements identified in items iii-vi below.

(iii) Investigate and identify an appropriate mechanism for future open space that can be used by the public at 439 King Georges Road and investigate the feasibility of the drainage infrastructure at 443 King Georges Road being upgraded as open space.

(iv) Prepare an affordable housing viability report to achieve the delivery of affordable housing within the site. 

(v) Provide updated reports on flooding, traffic and any hazards from the existing pipeline.

(vi) Update all documentation to reflect the above requirements.

The applicant is to submit the revised Planning Proposal, including supporting reports and studies, to the Panel by the end of February 2024. The Panel will then meet to assess and determine whether the Proposal has met the Panel’s recommendations and is suitable for submission for a Gateway Determination. 

The Panel decision can be viewed in this letter from the NSW Planning Panel to Council.

May 2024

The applicant lodged an updated Planning Proposal, including a Flood Report. The Flood Report identifies flood affectation for a number of lots in proximity to the drainage channel. The Report recommends refinement of building forms to provide open landscaping space between individual buildings so as to retain the existing overland flow path capacity and minimise flood impact at the Development Application stage, which is not supported by Council.  

February 2025

The Department of Planning, Housing and Infrastructure (DPHI) reviewed the updated Planning Proposal including the implications of the Flood Impact and Risk Assessment.

The Panel considered the updated Planning Proposal on 27 February 2025, along with a report prepared by Council officers on the:

• Updated draft Master Plan for the Beverly Hills Local Centre, which was endorsed by Council on 24 February 2025, and

• Stage 2 of the Low to Mid-Rise Housing Policy that took effect on 28 February 2025.

​For 409-463 King Georges Road, the Panel advised that based on current information (flooding and gas pipeline risk), the Panel does not support the properties being included in the Planning Proposal. The Panel advised that if an independent review of the applicant's and Council’s hazard studies for flooding and pipeline is undertaken, which demonstrates that risk can be mitigated and an appropriate urban form can be achieved, the properties can be included but if there is no delay to the Gateway Determination for the remaining properties – 465-511 King Georges Road, Beverly Hills.

Properties 409-463 King Georges Road are in Precinct 3 (Areas H and I) of the Council report (ENV003-25) on the revised draft Master Plan for Beverly Hills Local Centre (draft Master Plan), which was presented at the 10 February 2025 Environment and Planning Committee Meeting. Council resolved on 24 February 2025 to endorse the finalisation of the draft Master Plan with amendments in response to flooding and gas pipeline risks as detailed in Table 1 of the Report.

Table 1 to the report recommended for 409-462 King Georges Road as follows:

1. Area I - 

a.    Amend the zoning over Nos. 409 to 419 King Georges Road and No. 2 Edgbaston Road from E1 Local Centre to E2 Commercial Centre zoning and retain the existing GRLEP height of 15m and FSRs 1.5:1 (No. 409 King Georges Road) and 2:1 (411-419 King Georges Road). The key objectives of E2 zone are to encourage investment in commercial development and to strengthen the role of the commercial centre. This is to address no increase in population intensity within the 1E-06 p.a. Location Specific Individual Risk (LSIR) fatality contour.

b.    Sensitive land uses will be restricted within Area I due to the 5E-07 p.a. Location Specific Individual Risk (LSIR) fatality contour (land between the red and blue contours in Figure 10).

c.    Delete the Gateway site at the corner of Edgbaston Road and King Georges Road.

2. Area H - Retain the existing E1 Local Centre and retain the existing GRLEP heights, FSRs and non-residential FSR of 0.5:1. This area is within the flood way.

If the independent review of Council and the applicant’s flood and gas pipeline risk studies supports the Council’s position, then 409-463 King Georges Road will be subject to the revised Master Plan recommendations and not be included in the planning proposal. 

Whilst noting that there will be an independent review (possibly by the Department), the Panel has supported the Council resolution of 24 February 2025 to not increase residential development in the gas and flood risk areas.

The Department of Planning, Housing and Infrastructure (DPHI) has confirmed that the rezoning proposal for 407–511 King Georges Road, Beverly Hills, is now being assessed under the State-assessed rezoning proposals pathway. This is one of two rezoning pathways available under the State Significant Rezoning Policy (Policy).

The State-assessed rezoning proposals apply to:

• Sites of state planning significance, or

• Proposals that have experienced significant delays in the planning system.

Further information is available on the State Significant Rezoning Policy | Planning webpage.

Details of the Beverly Hills State Assessed Rezoning Proposal (SARP) are available on the Planning Portal.

The proponent has been given time to respond to the Sydney South Regional Panel’s recommendations from its 14 March 2025 determination; followed by submission of the rezoning proposal and supporting technical studies for a pre-lodgement adequacy review by the DPHI. The formal lodgement date will be when the DPHI accepts the submission as complete.

Council will continue to update the community as the process progresses.