Site

143 Stoney Creek Road, Beverly Hills
 

Applicant

Cambridge Unit Developments Pty Ltd
 

Rezoning Review 

In October 2022, a rezoning review request was lodged with the Department of Planning and Environment (Department), by Sutherland & Associates Planning on behalf of Cambridge Unit Developments Pty Ltd, for consideration by the Sydney South Planning Panel (Panel).

The applicant requested a rezoning review because Council had failed to indicate its support for the proposal 90 days after the request to prepare a planning proposal was submitted.

The rezoning review sought the following amendments to the Georges River LEP 2021 (GRLEP 2021), to enable a mixed-use development on the subject site.

• Rezone the site from part SP2 Infrastructure (Public Administration) and part R2 Low Density Residential to R4 High Density Residential.
• Insert land uses ‘office premises’ and ‘business premises’ as Additional Permitted Uses on the site in Schedule 1.
• Apply a maximum height of building control of 16m across the site.
• Apply a floor space ratio (FSR) control of 1.4:1 across the site.
• Apply a 1000sqm minimum lot size across the site. 

Council was invited to provide comments and/or additional information on the proposal for consideration by the Panel when deciding whether the proposal should proceed to Gateway.

Rezoning Review documentation (27 April 2023)

Transport Impact Assessment
Record of Decision
Email from Strategic Planning Panels to Agile - Exhibition of PP-2021-6630
Panel Declarations
Gateway Determination
Gateway Determination Assessment Report
Letter to Panel
Owners Consent (Cambridge Unit Developments Pty Ltd)
Planning Proposal (amended January 2023)
Planning Proposal (amended March 2023)
Planning Proposal - Appendix A - Concept of a Residential Flat Development
Planning Proposal - Appendix B - Flood and Risk Impact Assessment
Planning Proposal - Appendix C - Traffic Assessment
Planning Proposal - Appendix D - Detailed Site Investigation
Flood and Risk Impact Assessment
Planning Concept and Site Analysis

 

Background - Planning Proposal Request

Amend the GRLEP 2021 to:

• Change the zoning of the site from SP2 - Infrastructure Public Administration and R2 - Low Density Residential to R4 - High Density Residential.
• Amend Schedule 1 of Georges River LEP 2021 to include “office premises” and “business premises” as additional permitted uses on the site.
• Introduce a maximum building height (HOB) of 16 metres on the site.
• Introduce a floor space ratio (FSR) of 1.4:1 on the site.

 

Planning Proposal Status

In December 2022, the Panel considered the rezoning review request along with the advice provided by Council and recommended that the proposal should be submitted for a Gateway Determination because the proposal had demonstrated strategic and site specific merit.

The Panel also appointed itself as the Planning Proposal Authority (PPA) for this Planning Proposal and delegated the local plan making authority (LPMA) to the Department.

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

The Department issued a Gateway Determination on 2 March 2023, with regard to the applicant’s Rezoning Review request. The Planning Proposal was on exhibition from 27 April to 26 May 2023. The Planning Proposal documents and submission lodgement details can be accessed from the NSW Planning Portal. 

The public exhibition of the Planning Proposal (Amendment No. 6 to GRLEP 2021) was managed by the Agile Planning team of the Department who reviewed submissions.

On 31 July 2023, the Panel met to consider the submissions received during the public exhibition on the Planning Proposal. The Panel determined to defer its decision on whether to recommend to the Minister that the proposed instrument should be made or should not be made for a period of six weeks whilst it seeks further comments on flooding issues from the NSW State Emergency Services (SES) and Department of Planning and Environment’s Environment and Heritage Group (EHG).

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

The SES, EHG and applicant provided further submissions with neither agency, in particular EHG, supporting the proposal to increase residential density on the site due to its level of flood risk, uncertainties in emergency management and potential inconsistency with Section 9.1 Ministerial Direction 4.1 Flooding.   

On 23 October 2023, the Panel reconvened and determined to not proceed with the Planning Proposal and to request the Minister’s delegate to determine that the matter not proceed. The Panel found that the proposal does not warrant support to proceed and should not be made, because of:

• the flood risks and uncertainty as to how those risks could be mitigated to an acceptable level; 
• the increase in residential density exposes more people to risk; and
• the land is situated in a flood planning area and the Planning Proposal’s inconsistency with Section 9.1 Ministerial Direction 4.1 Flooding has not been justified when considered in accordance with the Floodplain Development Manual 2023.

A Gateway Determination alteration is to be submitted to the Department of Planning and Environment as the LPMA requesting the Planning Proposal no longer proceed.

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

Council has prepared a DCP amendment which contains built form and design provisions to guide the redevelopment of the subject site in accordance with the LEP controls proposed in the Planning Proposal. A DCP provides detailed guidelines for the design and assessment of proposed developments. A DCP supports the planning controls in the Local Environmental Plan.

The accompanying site specific DCP was on public exhibition from 17 May to 16 June 2023. Further details are available on the Your Say Project Page.

On 24 July 2023, Council resolved to adopt the accompanying site-specific DCP amendment, known as Amendment No. 4 to the Georges River Development Control Plan (GRDCP) 2021, which is to come into effect if and when the Planning Proposal is gazetted.