Site
407-511 King Georges Road, Beverly Hills.
Applicant
Beverly Hills Owners Association Incorporated.
Rezoning Review
In May 2023, a rezoning review request was lodged with the Department of Planning and Environment (DPE), by Mecone on behalf of the Beverly Hills Owners Association Incorporated, for consideration by the Sydney South Planning Panel (SSPP). The applicant requested a rezoning review because Council has failed to indicate its support for the proposal 115 days after the request to prepare a planning proposal was submitted.
The rezoning review seeks the following amendments to the Georges River LEP 2021 (GRLEP 2021), to enable a mixed-use development on the western side of King Georges Road.
- Increase the Floor Space Ratio from 2:1 to part 4:1 and part 5.5:1.
- Increase the height from 15m to part 44m and part 50m.
Council was invited to provide comments and/or additional information on the proposal which will be considered by the Panel when deciding on whether the proposal should proceed to Gateway.
Planning Proposal Status
In August 2023, the 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.
The Panel decision can be viewed in this letter from the NSW Planning Panel to Council.
As background, in October 2023, 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.
In response to the August Panel decision, the applicant submitted a revised Planning Proposal in November 2023 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.
In 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 (see Panel recommendations below).
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:
- 423-505 King Georges Road of part 12m (for 26m from Dumbleton Lane) and part 21.4m for the remainder of the lots.
- 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:
- A minimum width of 20m to King Georges Road.
- Width of Dumbleton Lane is increased by 3m.
- 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 from December 2023 can be viewed in this letter from the NSW Planning Panel to Council.
The applicant lodged an updated Planning Proposal on 10 May 2024, 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. The Planning Proposal is with the Department of Planning, Housing and Infrastructure (DPHI) for consideration and will be presented to a future Panel Meeting. The Planning Proposal is also being considered by Council staff, TfNSW, SES and EHG in preparation to provide comment at the future Panel Meeting. The implications of the FIRA that was lodged in July-end is being considered by Council. The FIRA has been sent to the DPHI for consideration in the assessment of the Planning Proposal.
Rezoning Review Documentation
Appendices:
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