Lane Cove Local Planning Panel Meeting 05 March
2024
Planning Proposal No. 39
- 448-456 Pacific Highway, St Leonards
Subject: Planning
Proposal No. 39 - 448-456 Pacific Highway, St Leonards
Record No: SU8727 - 9742/24
Division: Planning
and Sustainability Division
Author(s): Christopher
Pelcz; Terry Tredrea
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Property:
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448-456 Pacific Highway, St
Leonard’s
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PP No:
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Planning Proposal No. 39
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Legal Description:
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· Lots 1, 2 & 3, Section 16 in DP 3175; and
· Lot C in DP 414984.
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Date Lodged:
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19 December 2023
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Owner (Proponent):
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The Quarter St Leonard’s Pty Ltd
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Applicant:
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File Planning & Development Services
Pty Ltd
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Site Area:
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1,661 m2
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Description of Proposal:
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To change the following planning
controls:
· Rezone the site from E2 Commercial Centre to MU1 Mixed Use,
· Increase the floor space ratio from 2:1 & 6:1 to 14.7:1,
· Increase the height from 15 metres & 36 metres to RL196.30
metres,
· Provide a non-residential floor space ratio of 0.2:1,
· Introduce a site-specific clause to provide 12% of gross floor
area as affordable housing,
· Amend existing Local Environmental Plan Design Excellence clause
7.6 to include this site.
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Planning Proposal documents
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Links to all the proponent’s
documents are provided in Attachments at the end of this report (AT-1
to AT-7).
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Relevant Strategic Planning documents
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A
Metropolis of Three Cities – dated March 2018
North
District Plan – dated March 2018
Final
St Leonards/Crow’s Nest 2036 Plan – dated 29 August 2020 (AT-11)
Section
9.1 Ministerial Directions
Local
Strategic Planning Statement 2020 – dated 30 March 2020 (AT-12)
Local Housing Strategy (AT-13)
Local Environmental Plan 2009
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Recommendation
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That Planning Proposal No. 39 be
supported with amendments.
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PURPOSE
The Lane Cove
Local Planning Panel is required to review the proposal with a view to
providing Council with advice in relation to the changes requested to the Lane
Cove LEP.
REASON FOR REFERRAL
The Planning Proposal is referred to Council’s Local
Planning Panel under Section 9.1 of the Environmental Planning and
Assessment Act 1979. This Section requires referral of any Planning
Proposal to the Local Planning Panel for advice with an assessment report which
sets out recommendations in relation to the Proposal.
The Planning Proposal does not meet any of the criteria for
an exemption from referral to the Local Planning Panel. This criterion is as
follows;
a) the
correction of an obvious error in a local environmental plan.
b) matters
that are of a consequential, transitional, machinery or other minor nature; or
c) matters
that Council’s General Manager considers will not have any significant
adverse impact on the environment or adjoining land.
Therefore, the
Planning Proposal must be referred to the Local Planning Panel for advice prior
to Council making any determination on the matter.
EXECUTIVE SUMMARY
The purpose of
this report is to consider the planning merits and seek the Panel’s
advice on the proposal to redevelop land at 448-456 Pacific Highway, St Leonard
into a mixed-use commercial podium / residential tower.
The Proposal (AT-1)
seeks to rezone the existing E2 Commercial Centre zoning to a MU1 Mixed Use
zone. In detail the changes sought to the planning controls are as follows;
· increase floor space ratios from 2:1 & 6:1 to 14.7:1.
· increase the building height from 30 storeys to RL196.30 metres.
· provide a non-residential floor space ratio of 0.42:1 &
· introduce site specific clauses for provision of affordable housing
and design excellence.
Planning Proposal 39 is
also accompanied by:
· Appendix A: Revised Urban Design Study (AT-2),
· Appendix B: Revised Traffic Study (AT-3),
· Appendix C: Traffic Modelling Summary (AT-4),
· Appendix D: Wind Impact Assessment (AT-5),
· Appendix F: Response to Council RFI (AT-6),
· Further responses to Council’s queries (AT-7),
· Previous Local Planning Panel report (AT-8) and advice (AT-9),
· Advice from NSROC Design Review Panel (AT-10),
· Final St Leonards/Crows Nest 2036 Plan (AT-11),
· Lane Cove Local Strategic Planning Statement (AT-12), and
· Lane Cove Local Housing Strategy (AT-13).
It is noted that
the applicant refers to a Voluntary Planning Agreement in the Proposal. No
documentation was included with the application. Any VPA is not the subject of
this referral.
Council’s
policy is that a VPA is assessed separately by Council at a later stage to
ensure that the Planning Proposal is considered on its own merit.
The Panel is
requested to review the proposal in line with the assessment report.
SITE
The subject site
comprises 1,661 m2
of land at 448-456 Pacific Highway, St Leonard’s (Figure 1), on the
corner of Oxley Street, strategically located on the Pacific Highway diagonally
opposite the planned Crow’s Nest Metro Station which forms part of
the Sydney Metro City & Southwest Project and within 400 metres of the
existing St Leonard’s Station.
Figure 1: Location of site
The site comprises a car wash facility located on 448-452
Pacific Highway (Lots 1-3 Part 16 DP3175) and a 4-storey commercial building at
456 Pacific Highway (Lot C DP414984). The car wash is located on the corner of
Pacific Highway and Oxley Street and comprises at grade car parking and car
wash areas, shade sails and a single-storey building. Entry to the car wash is
via Oxley Street and exit is to the Pacific Highway. The commercial building
fronts Pacific Highway with a car parking entrance fronting the street, car
parking at ground level and three levels of commercial floor space above. The
site currently contains six commercial buildings ranging in height
from two to four storeys, which are claimed to be “reaching the end of
their economic lifespan, in poor repair and in some cases unusable.” The
eight lots have been combined under a single landholding ownership.
The site is in the corridor between the existing St
Leonards Station and the planned Crow’s Nest Metro Station. This area is
undergoing rapid urban renewal and change in response to major government
infrastructure investment in the form of the Sydney Metro City & Southwest
Project and the vision set out under the 2036 Plan. The existing and future
built form context is shown in Figures 2 & 3 below.
Much of the land
on the north and south side of the Pacific Highway has been redeveloped with
larger mixed-use buildings and several underdeveloped properties are subject to
development consent. Further north of the site is ‘The Forum’ which
forms a town centre of St Leonard’s and acts as a commercial, retailing
and transport hub.
Figure 2: Current development context, including indicative
proposal
Figure 3: Future development context, including
indicative proposal
Current
LEP Planning Controls
Figure 4 shows the
current LEP controls for maximum floor space ratio and height on the site.
Figure 4: Lane Cove LEP – current FSR &
height controls
Based on the
current Zoning, FSR and Height controls, if developed entirely for commercial
purposes, a potential building could be 15 metres and 36 metres in height with
a total commercial GFA of 5,649 sqm.
St Leonard’s Crows Nest 2036 Plan Controls
Figure 5
indicates the proposed controls under the SLCN 2036 Plan for maximum floor
space ratio and height on the site.
Figure 5: 2036 Plan – FSR & height
controls
Based on the
SLCN 2036 Plan controls, if developed partly for commercial/residential
purposes a potential building could be 30 storeys in height with a commercial
GFA of 6,644 sqm.
This commercial
GFA is due to the 2036 Plan requiring the site to deliver a non-residential
floor space ratio of 4:1, inclusive of the overall FSR of 7:1 (see Figure 6).
Figure 6: 2036 Plan – Minimum non-residential
FSR control
BACKGROUND
In seeking to revitalize the St Leonards CBD, Council has
taken a measured approach by targeting specific sites to stimulate and broaden
the economic base, by permitting a small number of mixed use (MU1) sites within
the CBD.
The remainder of the sites were to remain as E2 Commercial
Centre. This approach was implemented in 2012 via the following:-
1. The Four Pilot projects
2. The Rail Plaza &
3. The St Leonard’s Public Domain Master
Plan.
This targeted approach was a finely tuned policy designed
to stimulate the centre’s long-term commercial and employment potential
with residential development providing a supporting role in the St
Leonard’s CBD.
Council is of the view that further residential land uses
should only be considered after the 4 pilot projects have been put in place and
providing benefits to the Commercial Core.
The Greater Sydney Commission has confirmed this approach
as consistent with the North District Plan which states that Councils “strengthen
St Leonards through approaches that grow jobs in the centre (Action 34). It
aims for a high job’s growth target of 16,400 between 2016 and 2036. The
precinct is important “as a key employment centre in Greater Sydney”.
“Employment growth is the principal underlying economic goal for
metropolitan and strategic centres” (North District Plan:
2018, page 67) such as this.
While this
Planning Proposal in principle validates Council’s approach, there are
also other strategic planning documents to consider. These documents and their
relationship to this site are briefly outlined below.
Australian Housing Accord
In August 2023, the Australian Federal Government signed
the National Housing Accord. The Accord committed to building 1.2 million new
homes across Australia in a five year period from 2024 to 2029.
It set housing targets for each State and Territory, with
NSW required to complete 377,000 new homes within the same five-year period.
While no formal targets have yet been set for individual
local Councils, the accelerated delivery of affordable, well-located homes
close to transport appears to be a significant priority for the NSW State
Government.
Transport Oriented Development Program
A key NSW Government response to the Accord is the
Transport Oriented Development Program. This program has identified the new
Crows Nest Metro Station as one of the new “Accelerated Precincts”.
It is important to note that the Planning Proposal is directly across the road
from the new Crows Nest Metro Station.
Areas within 1,200 metres of the new Station will be
rezoned by the NSW Government towards the end of 2024. Lane Cove Council has
been advised that the rezonings will largely be consistent with the existing
SLCN 2036 Plan.
St Leonards and Crows Nest 2036 Plan
The St Leonards/Crow’s Nest Planned Precinct is
identified by the North District Plan (NDP) as “a mixed-use centre
with high-rise offices, and high-density residential development”. Action
34 of the NDP focuses growth subject to “growing jobs in the centre”.
Additional capacity for housing supply is a secondary but important function of
the precinct. It is from these two purposes of the North District Plan that
the 2036 Plan has emerged.
The 2036 Plan (AT-11) recommends that this site be
rezoned from E2 Commercial Core to MU1 Mixed Use, with an increased height and
floor space ratio (see Discussion section), plus “a minimum
non-residential floor space requirement for the B4 Mixed Use zone to meet North
District Plan high jobs target.” (p44)
It is important to note that page 63 of the final 2036 Plan
states that all controls shown in the ‘Implementing the Plan’
section are indicative only, however this is still subject to
consideration of the Section 9.1 Ministerial Directions.
The Plan introduced a Special Infrastructure Contributions
rate which now applies to all new residential and mixed-use residential
development in the area.
Special Infrastructure Contributions
As part of the final 2036 Plan, the Special Infrastructure
Contribution (SIC) applies to this area of St Leonards and Crow’s Nest
but only for the residential development component.
Section 9.1 Ministerial Directions
All Planning Proposals are required to address Section 9.1
Ministerial Directions, where they are applicable to the site. However, in this
instance Ministerial Direction 1.13 is relevant because it specifically deals
with the implementation of St Leonards and Crow’s Nest 2036 Plan.
It states that Planning Proposals may be inconsistent
with the Plan if it can be demonstrated that the inconsistency is of
minor significance while still achieving the vision, objectives and actions
identified in the Plan.
Local Strategic Planning Statement
Council's adopted Local Strategic Planning Statement (AT-12)
outlines a 20-year vision, planning priorities and actions for land use in Lane
Cove. The LSPS came into force on 30 March 2020 and was published to the NSW
Planning Portal website.
This Statement
and other relevant documents must now be used to inform future amendments to
Council's Local Environmental Plan and Development Control Plan.
Local Housing Strategy
Council’s adopted Local Housing Strategy (LHS)
provides an evidence-based framework that informs how and where residential
development is planned to be delivered in the LGA for the next 20 years.
Because the
Planning Proposal involves mixed use development with a residential component,
this Strategy (AT-13) is relevant.
PROPOSAL
The proponent-led Planning Proposal seeks the
following amendments to Lane Cove LEP 2009 for the subject site:-
· Rezone the site from E2 Commercial
Centre to MU1 Mixed Use.
· Increase the floor space ratio controls from 2:1 & 6:1 to
14.7:1,
· Increase the Height of Building controls from 15 metres & 36
metres to RL196.30.
· Require any building on the land to have a non-residential floor
space ratio of 0.2:1,
· Introduce a site-specific clause to provide 12% of gross floor area
as affordable housing,
· Amend existing Local Environmental Plan Design Excellence clause 7.6
to include this site.
Overall, the proposed controls would result in
the following outcomes:
· A mixed-use commercial/residential podium/tower of 30 storeys (see
Figure 7 for 3D concept), with a total GFA of between 24,523 sqm, including 702
sqm of ground floor retail as part of a 4-storey podium;
· Up to 242 apartments, with 36 of those
to be dedicated to affordable housing in perpetuity.
· Public domain improvements including an activated through-site link
along the southern boundary connecting to an on-site plaza (see Figures 8 &
9).
Figure 7: Concept 3D view (with setbacks)
Figure 8: Proposed through-site link with Plaza
Figure 9: Connection to broader through-site links
Figure 10
shows the indicative sections of the building along Pacific Highway and Oxley
Streets.
Figure 10: Pacific Highway/Oxley Street sections
DISCUSSION
A review of the
proponent’s amended documentation (AT-1 to AT-7) indicates
that they have addressed Council’s concerns raised with the previous
proposal see AT-8 and AT-9. This report will discuss the
strategic and site-specific merit requirements.
St
Leonard’s/Crows Nest 2036 Plan
S.9.1
Ministerial direction 1.13 aims “to ensure development within the St
Leonard’s and Crows Nest Precinct is consistent with the Plan.”
It states that
Planning Proposals may be inconsistent with the Plan if it can be demonstrated
that the inconsistency is of minor significance while still achieving the
vision, objectives and actions identified in the Plan.
The
inconsistencies are as follows;
· the requirement for 4:1 non-residential FSR &
· the provision of A-grade commercial floor space as the major
incentive for increasing FSR in general.
The
non-residential floor space ratio has been reduced which may affect employment
opportunities not withstanding such this would not address the jobs target set
for St Leonard’s. Page 29 of the revised Planning Proposal states in
support the following;
“The original Planning Proposal identified a 4:1
non-residential FSR. However further discussion with Council indicated a
preference to prioritise additional affordable housing in place of commercial
office uses to accommodate key workers and students to support the
nearby health and education use. The proposal accommodates
non-residential uses at the ground floor to provide for street activation
(0.42:1 retail), with three levels of affordable housing above which will
deliver around 36 affordable housing dwellings”.
It is argued
that given the partial conversion of this commercial floor space to affordable
housing dedicated in perpetuity is a more viable and acceptable outcome.
This option is
consistent with the current NSW Government focus on “increasing the
supply of affordable housing in well-located areas” in that St
Leonard’s is well-suited to providing accommodation for key workers in
nearby health and education areas.
It is
acknowledged that the current market for commercial floor space is nonexistent.
Local Strategic Planning Statement
Council’s
Local Strategic Planning Statement (LSPS) contains a series of Planning
Principles for the future location of additional housing and supporting
actions.
Two key
principles from the Statement are relevant:
· “Consolidate housing around Strategic (St Leonards train
station) and Local (Lane Cove Village/Plaza) centres to achieve transit
orientated development”; and
· “Locate higher density housing types within a 5 minute
walk (400 metre radius) of the St Leonards Strategic Centre (train
station) and Crows Nest Metro Station but not at the expense of the
attraction and growth of jobs, retailing and services in existing B3 Commercial
Core zoned land” (page 30 of AT-12).
The amended
proposal is consistent with these principles as the site is directly across the
road from the Crows Nest Metro Station and is within 400 metres of the existing
St Leonard’s train station.
The previous
quantum of affordable housing was not considered sufficient. After investigating
alternatives, the applicant has argued that in lieu of providing a 4:1
non-residential floor space that majority of this space be used solely for the
purposes of affordable housing. This would allows ground floor retail with 3
levels being used for affordable housing equaling 36 dwellings.
This approach is
now consistent with Council’s LSPS action to “explore options
and investigate opportunities for the provision and/or development of
affordable/key worker housing” (page 33 of AT-12).
In summary the
proposal is now considered consistent with Council’s LSPS principles for
additional housing and actions for affordable housing.
Local Housing Strategy
One action is
related to this proposal, as follows:
“Only pursue planning proposals or
other planning framework changes in the Lane Cove LGA if they include a
principal affordable housing purpose and are consistent with Council’s
‘Principles for the location of additional housing’ in its Local
Strategic Planning Statement” (page 95 of AT-13).
Given the
substantial amount of affordable housing being provided in perpetuity, directly
across the road from the Crows Nest Metro station, the proposal is consistent
with this action.
Regarding site-specific
merit, the issues are as follows:
· the natural environment (including known significant environmental
values, resources or hazards).
· The traffic generation has now been assessed and is considered
acceptable.
· A new wind impact study has indicated no unacceptable wind conditions.
· The reduction to 30 storeys has resulted in improved overshadowing
outcomes (see Figure 11) that are consistent with the 2036 Plan recommendations
of no additional overshadowing between the hours of 10am to 3pm.
· Views impacts on nearby buildings have been assessed, the revised
design aims to provide an acceptable level of view sharing.
Figure 11: Overshadowing impacts
· The proposal clearly responds to the imminent opening of the Crows
Nest Metro station. By providing housing in the vicinity of the Metro, it
responds appropriately to the principle of a TOD. In equal measure, the
proposal is required to respond to the future arrival of commuters living
within a reasonable distance needing employment close to the Metro.
· the services and infrastructure that are or will be available to
meet the demands arising from the proposal and any proposed financial
arrangements for infrastructure provision. Likewise, the Metro is the most
important infrastructure this proposal is responding to.
Other matters
are also proposed to be addressed via an amendment to Council’s
Development Control Plan – to provide site-specific controls.
SUBMISSIONS
While the
Gateway process does not provide for public exhibition prior to the submission to
the Department Lane Cove Councils policy requires exhibition upon lodgment.
The proposal was
exhibited for 28 days in April 2023. Council received 5 submissions:
· One was a request for clarification on certain matters.
· The other three were objecting based on height, need for open space
and need to consolidate with other sites.
In response, the
revised height is in line with the 2036 Plan’s recommendations for
building height. Council has already provided a number of new and upgraded
public open space in the vicinity including Wadanggari Park and Friedlander
Place. The proponent is also seeking to provide a small public plaza.
While Council
has previously asked about the consolidation of adjoining sites, the proponent
has stated that despite discussion, no agreement can be reached. Even if the
proposed development occurs, the other sites will not be isolated and could be
potentially re-developed.
It is noted that
the revised Planning Proposal documents in this report were not required to be
re-exhibited in accordance with Council’s Community Participation Plan, because the environmental impact was reduced and the amendments
addressed issues raised by Council and the submissions.
CONCLUSION
The revised
Planning Proposal has responded to the matters raised by Council, the Local
Planning Panel and the Design Review Panel.
It is important
to note that the non-residential floor space has been decreased from the
previous proposal. While it differs from the St Leonard’s Crows Nest 2036
Plan the approach is line with the NSW Governments strategy to address housing
shortages and the stock of affordable housing in and around train stations in
particular the new Metro.
Council’s
current approach to affordable housing in its Local Environmental Plan (LEP)
has been to specifically detail the exact number of dwellings that will be provided
for affordable housing purposes – see LEP clause 7.3. The use
of ‘percentages of gross floor area’ is not acceptable and not
consistent with Council’s approach.
Council’s
existing LEP clause 7.6 for design
excellence only applies to development in the St Leonard’s South area.
Given the site is not within or close to this area, it would be inappropriate
to amend this existing clause.
As a result, it
is recommended that the Planning Proposal be amended to remove the proposed
clause about design excellence entirely and amend the proposed affordable
housing clause to specify the exact number of affordable housing dwellings
rather than a percentage.
On balance, the
proposed development achieves both merit tests.
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RECOMMENDATION
Pursuant to Section 9.1 of the Environmental Planning
and Assessment Act 1979, the Lane Cove Planning Panel at its meeting of 5
March 2024 is recommended to support Planning Proposal No. 39, with the
following amendments:
A. Amendments
· Revise the site specific clause on affordable housing to
replace “12% of gross floor area” with the actual number
of dwellings used for affordable housing – similar to existing LEP clause 7.3; and
· Not proceed with amending LEP clause 7.6 (as this only applies to developments in St Leonards
South).
The Panel is recommended to support the amended
Proposal as it will pass the Strategic Merit Test and Site-Specific Merit
Test for the following reasons:
B. Amended
Proposal – Passes Strategic Merit Test
Reasons
1) Is now consistent with the following
aspects of the St Leonards/Crows Nest 2036 Plan:-
a. The ‘tree-lined’ vision
of Oxley Street has been addressed;
b. The proposed height of 30 storeys
complies with the Plan’s recommendations;
c. While the FSR still exceeds the
Plan’s recommendations, it now complies with the Plan’s
recommendations for height in storeys;
d. The previous FSR bonus for design
excellence has been removed;
e. ‘Best practice’
sustainability outcomes has been addressed and new development would be
required to comply with Part S of Council’s Development Control Plan;
2) Based on the above, the amended
Planning Proposal is consistent with Section 9.1 Ministerial Direction 1.13
because it helps to deliver the vision, objectives and actions of the 2036
Plan and any inconsistencies can now be considered of minor significance.
3) The amended proposal is consistent
with Council’s Local Strategic Planning Statement, in particular
the ‘Principles for Location of Additional Housing’ as it
directly across the road from the new Crows Nest Metro Station.
4) The amended proposal is consistent
with Council’s Local Housing Strategy action to “Only pursue planning proposals or other planning framework changes
in the Lane Cove LGA if they include a principal affordable housing purpose
and are consistent with Council’s ‘Principles for the location of
additional housing’ in its Local Strategic Planning Statement”.
C. Amended
Proposal – complies with Section 3.33 of the Environmental Planning and
Assessment Act
Reason:
This section of the Act deals with the preparation, explanation
and justification of Planning Proposals – which requires Proposals to
state whether they will give effect to both a Local Strategic Planning
Statement and comply with the relevant directions under section 9.1.
Having considered the above, the amended Planning Proposal is
consistent with Section 3.33 (2)(c) of the EP&A Act because the Planning
Proposal will “give effect to” Council’s Local Strategic
Planning Statement and complies with the relevant Section 9.1 Ministerial
Direction (i.e. Direction 1.13).
D. Amended
Proposal – Passes Site-specific Merit Test
Reasons
· Additional studies show that traffic generation has now been
assessed ;
· Access to site has been addressed;
· New wind impact study has been provided;
· Reduction to 30 storeys has resulted in improved overshadowing
outcomes, which are now consistent with the 2036 Plan recommendations.
E. Amended
Proposal – now addresses all outstanding matters.
F. That the Council delegate to the General Manager to
prepare a site-specific Development Control Plan (DCP) in conjunction with
the proponent to support the Planning Proposal, to be exhibited with the
Planning Proposal after Gateway Determination.
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Mark Brisby
Director - Planning and Sustainability
Planning and Sustainability Division
ATTACHMENTS:
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AT‑1 View
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Revised Planning Proposal
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81 Pages
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Available Electronically
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AT‑2 View
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Appendix A - Revised Urban Design Study
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77 Pages
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Available Electronically
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AT‑3 View
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Appendix B - Revised Traffic Study
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16 Pages
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Available Electronically
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AT‑4 View
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Appendix C - Traffic Modelling Summary
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13 Pages
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Available Electronically
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AT‑5 View
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Appendix D - Wind Impact Assessment
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5 Pages
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Available Electronically
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AT‑6 View
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Appendix F - Response to Council RFI
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30 Pages
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Available Electronically
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AT‑7 View
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Further responses to Council's queries
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2 Pages
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Available Electronically
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AT‑8 View
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Previous Local Planning Panel Report
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28 Pages
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Available Electronically
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AT‑9 View
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Previous Local Planning Panel Advice
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5 Pages
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Available Electronically
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AT‑10 View
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Final minutes of Design Review Panel - March 2023
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6 Pages
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Available Electronically
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AT‑11 View
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Final St Leonards and Crows Nest 2036 Plan - August 2020
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80 Pages
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Available Electronically
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AT‑12 View
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Local Strategic Planning Statement - March 2020
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83 Pages
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Available Electronically
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AT‑13 View
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Adopted Local Housing Strategy
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98 Pages
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Available Electronically
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