Site

143 Stoney Creek Road, Beverly Hills
 

Applicant

Cambridge Unit Developments Pty Ltd.
 

Planning Proposal Request

Amend the Georges River LEP (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 GRLEP 2021 to include “office premises” and “business premises” as additional permitted uses on the site.
• Introduce a maximum building height of 16 metres on the site.
• Introduce a floor space ratio (FSR) of 1.4:1 on the site.
   

Rezoning Review 

In October 2022, a rezoning review request was lodged with the then 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 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.

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 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 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 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.
• 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 was submitted to the Department as the LPMA requested the Planning Proposal no longer proceed.

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

Subsequently, the Department of Planning, Housing and Infrastructure (Department) considered the flood risk and determined that it can be mitigated to an acceptable level and that the proposal is justifiably inconsistent with the Ministerial Direction 4.1 Flooding due to factors including, post development flood level reductions, the proposed 2,000m3 flood storage chamber, the maximum flood hazard category affectation of the site post-development, and site evacuation during flood conditions.

However, the Department recommended removing the proposed Additional Permitted Uses (business and office premises) as these are considered to enable a range of uses that are not adequately justified and may compete with the nearby Beverly Hills local centre. In addition, it was considered that sufficient non-residential uses are permitted with consent within the proposed R4 High Residential zone and removing the additional permitted uses from the proposal will still enable the core objectives and intended outcomes of the Planning Proposal.
 

Development Control Plan

A site specific Development Control Plan (DCP) amendment to the Georges River DCP (GRDCP) 2021 was prepared by the proponent in conjunction with Council officers to provide guidance on the built form outcome. The draft DCP amendment was on public exhibition from 17 May to 16 June 2023.

Council at its meeting held on 24 July 2023 resolved to adopt the exhibited DCP amendment to become effective when the amendment to the GRLEP 2021 is gazetted.
 

Planning Proposal and Development Control Plan Status

The Planning Proposal (Georges River LEP 2021 - Map Amendment No. 3) was gazetted on 10 May 2024.  

The Planning Proposal amends the GRLEP 2021 to:

• Rezone the site from part SP2 Infrastructure (Public Administration) and part R2 Low Density Residential to R4 High Density Residential.
• Introduce a maximum floor space ratio (FSR) of 1:4:1.
• Introduce a maximum building height of 16m.
• Introduce a 1,000sqm minimum lot size.

The gazettal notice is available on the Amendments to the Georges River LEP 2021 page.

Amendment No. 5 to the GRDCP 2021 became effective on 10 May 2024. The DCP amendment contains built form and design provisions to guide the redevelopment of the subject site. 

Amendment No. 5 to the GRDCP 2021 is available on the Development Control Plans page.