COUNCIL AGENDA

ADDENDUM

 

Ordinary Council Meeting

16 December 2020

 

 

 

 


 

 

 


Addendum Items

 

                                                                                                              PAGE     TAB

 

City Economy and Growth Report

EGROW 03    Planning proposal request to rezone land and amend development standards at Lot 6 Newbridge Road, Moorebank.................................................................. 3......... 1

EGROW 04    Planning proposal request to rezone land and amend development standards at 124 Newbridge Road, Moorebank................................................................ 951......... 2

City Corporate Report

CORP 03        Annual Financial Reports 2019/20............................................................. 1476......... 3


1

Ordinary Meeting

16 December 2020

City Economy and Growth Report

 

 

EGROW 03

Planning proposal request to rezone land and amend development standards at Lot 6 Newbridge Road, Moorebank

 

Strategic Direction

Strengthening and Protecting our Environment

Exercise planning controls to create high-quality, inclusive urban environments

File Ref

321586.2020

Report By

Luke Oste - Executive Planner

Approved By

David Smith - Acting Director City Economy and Growth

 

Property

Lot 6, Newbridge Road, Moorebank

Owner

EQ Riverside Pty Ltd

Applicant

EQ Riverside Pty Ltd

 

 

 

Executive Summary

 

Council received a planning proposal request on 5 March 2020 to rezone land and amend development standards at Lot 6 Newbridge Road, Moorebank (Attachment 1). The subject site has also been informally referred to as the ‘Concrete Crushers’ and ‘Moorebank Recyclers’ site. This planning proposal request is one of five requests that have been lodged in recent times within the Moorebank East precinct and the subject site is identified as Site E within the precinct.

 

The planning proposal requests seeks to facilitate the following development:

 

·    2,000 apartments;

·    800sqm of community facilities;

·    1,700sqm of retail, restaurant and associated uses;

·    730m of foreshore walkway/waterfront activation, facilitating open space linkage to adjoining residential and recreational sites; and

·    A series of ecological and recreational parks


 

 

To achieve this proposed development, the planning proposal request seeks to:

 

·    Rezone the existing E2 Environmental Conservation zoned land within Lot 6 Newbridge Rd to a combination of R1 General Residential and RE1 Public Recreation;

·    Rezone part of the existing E2 Environmental Conservation zoned Council owned land adjoining to the west to SP2 Infrastructure to enable road access to the site;

·    Include a maximum height of building (HOB) development standard of 50m;

·    Increase the existing maximum floor space ratio (FSR) development standard from 0.01:1 to 1:1; and

·    Decrease the existing minimum lot size development standard from 40 hectares to 1000sqm.

 

Pursuant to the requirements of “A Guide to Preparing Planning Proposals” and relevant Ministerial Directions, Council staff conducted a merit assessment as contained within the LPP report (Attachment 2). The LPP report finds that the proposal does not demonstrate strategic merit or site merit. The scale of development facilitated by the planning proposal request and the supporting justification does not give effect to the Greater Sydney Region Plan, Western City District Plan or the LSPS, which are legal requirements for a planning proposal to proceed. Furthermore, the proposal is inconsistent with a number of s.9.1 Ministerial Directions and site-specific issues remain in relation to flooding, contamination, biodiversity, and the density of development proposed.

 

The planning proposal request was considered by the Local Planning Panel (LPP) at its 30 November 2020 meeting and this advice is included at Attachment 3.The LPP endorsed the Council staff conclusion “that the proposal, in its present form, does not demonstrate sufficient strategic and site specific merit” and recommended to Council that the planning proposal not proceed to a Gateway determination.

 

As required by Council’s Community Participation Plan, the proposal was publicly exhibited for 28 days from 13 August to 20 September 2020. The proposal received two community responses during this period, and one agency response (Attachment 4). Of the two community responses, one was in support and the other was in opposition.

 

It is recommended that this planning proposal request does not proceed to a Gateway determination for the reasons outlined in the planning assessment report and contained in the advice of the Local Planning Panel and invite the proponent to consider the planning assessment report and LPP advice and consider other options for the site that are consistent with the strategic planning framework (including the Regional and District Plans) and relevant ministerial directions.

 

 

 

 

 

RECOMMENDATION

 

That Council:

 

1.       Notes the advice of the Liverpool Local Planning Panel;

 

2.       Does not support the planning proposal request proceeding to a Gateway determination for the reasons outlined in the planning assessment report and in the advice of the Liverpool Local Planning Panel; and

 

3.       Invite the proponent to consider the planning assessment report and the advice of the Liverpool Local Planning Panel and consider other options for the site that are consistent with the strategic planning framework (including the Regional and District Plans and the LSPS), relevant ministerial directions and site constraints.

 

 

REPORT

 

The site and locality

 

The subject site is located at Lot 6 Newbridge Road, Moorebank and is legally described as Lot 6 DP 1065574. The subject site has also been informally referred to as the ‘Concrete Crushers’ and ‘Moorebank Recyclers’ site. The subject site is located within the broader Moorebank East Precinct and is identified as Site E within the precinct as indicated in Figure 1.

 

Figure 1 - Aerial map of the subject precinct and subject site approximately outlined in red (Source: Near Map)

 

The subject site is bound by the Georges River to the east, Wurrungwuri Reserve to the west, Site D (proposed Marina site) to the north and Brighton Lakes Golf Course to the south.

 

The subject site is currently zoned E2 Environmental Conservation. Within the subject site is a disused non-putrescible landfill which operated across the site between 1972 and 1979. Along the subject sites borders and to the west within the Wurrungwuri Reserve is good condition vegetation that includes threatened ecological communities and some coastal wetlands along the banks of the river. The subject site includes a narrow access handle that runs to the north and connects with Newbridge Road, as shown in Figure 2.

 

Figure 2 - Aerial Image of Subject Site Approximately Identified in Red (Nearmap)

 

Background

 

The subject site has been largely undeveloped and underutilised for the last few decades, with some clearing within the central portion of the site only. Within the site, there is a disused, non-putrescible landfill which operated across the site between 1972 and 1979.

 

The Planning Assessment Commission (as it was then known) issued a development consent on 11 September 2015 for a materials recycling facility on the subject site. The Land and Environment Court subsequently confirmed this approval on 14 July 2017 after Council appealed the consent.

 

In 2018, the previous owner sold the subject site. At Council’s meeting on 30 May 2018, Council resolved the following in relation to NOM 02:

 

That Council:

 

1.   In principle, support a proposal for a residential (and auxiliary) land use on the site known as the Moorebank Recyclers in lieu of a recycling facility;

2.   Note that any proposal needs to undergo the standard assessment process;

3.   Work closely with the proponent to ensure the best possible outcome for the site in a timely manner, should a proposal be received; and

4.   Organise a community BBQ once and if the development approval for the recycling plant is surrendered.

 

(Emphasis added)

 

Since this resolution, a formal pre-planning proposal meeting was held with Council staff on 20 September 2019 and subsequent Council staff advice provided (Attachment 5). The subject planning proposal request (Attachment 1) was then lodged on 5 March 2020. Following an initial assessment by Council staff, a letter was sent to the applicant on 30 June 2020 outlining the outcome of this initial assessment and the additional information required (Attachment 6). A response from the applicant to this letter was received on 25 August 2020 (Attachment 7). As required by Council’s Community Participation Plan, the proposal was publicly exhibited for 28 days from 13 August to 20 September 2020.

 

At its ordinary meeting on 30 September 2020, Council considered two planning proposal requests (Site A and Site D) within the Moorebank East Precinct and resolved to provide in principle support for both those proposals. In addition, Council resolved, among other points, that Council:

 

8.   Forward the planning proposals for the Flower Power site and Concrete Crushers site to the Local Planning Panel and then receive a further report back to Council by the earliest possible Council meeting in 2020.

 

Accordingly, the subject planning proposal request was reported to the 30 November Liverpool Local Planning Panel (LPP) meeting and is now reported to Council.

 

The proposal

 

The planning proposal request (Attachment 1) was lodged on 5 March 2020 that sought to achieve the applicant’s vision, “to provide a diverse, vibrant, active and accessible residential neighbourhood, bound by the banks of the Georges River and surrounding river woodland, to create an attractive place to live and play”. The proposal seeks to facilitate the following development:

 

·    2,000 apartments;

·    800sqm of community facilities;

·    1,700sqm of retail, restaurant and associated uses;

·    730m of foreshore walkway/waterfront activation, facilitating open space linkage to adjoining residential and recreational sites; and

·    A series of ecological and recreational parks

Figure 3 - Extract from Urban Design Report (Source: DEM)

 

To achieve this proposed development, the planning proposal request seeks to rezone:

 

·    The existing E2 Environmental Conservation zoned land within Lot 6 Newbridge Rd to a combination of R1 General Residential and RE1 Public Recreation; and

·    Part of the existing E2 Environmental Conservation zoned Council land on land adjoining to the west to SP2 Infrastructure to enable access to the site.

Figure 4 – Existing zones (left) and proposed zones (right) (Source: SG Haddad)

 

In addition to the proposed rezoning, the following amendments to development standards within the LEP are proposed:

 

·    Include a maximum HOB development standard of 50m; and

·    Increase the maximum FSR development standard from 0.01:1 to 1:1.

 

It is noted that the applicant has outlined in their response letter (Attachment 7) to Council’s initial assessment that a further amendment is sought to the minimum lot size development standard by amending the existing minimum lot size standard of 40 hectares to 1000sqm.

 

Strategic and site merit

 

Pursuant to the requirements of “A Guide to Preparing Planning Proposals” and relevant Ministerial Directions, Council staff conducted a merit assessment as contained within the Local Planning Panel Assessment Report (LPP Report) (Attachment 2). The LPP report finds that the proposal does not demonstrate strategic merit or site merit.

 

The Liverpool Local Strategic Planning Statement (Connected Liverpool 2040) has identified the Moorebank East precinct, including the subject site, as an ‘urban development investigation area’. The subject site therefore offers some strategic potential for rezoning.

 

However, the scale of development facilitated by the planning proposal request and the supporting justification does not give effect to the Greater Sydney Region Plan, Western City District Plan or the LSPS. This is evident in a lack of consistency with the following:

 

·    Greater Sydney Regional Plan:

Objective 14 – A Metropolis of Three Cities – integrated land use and transport creates walkable and 30-minute cities;

Objective 25 – The coast and waterways are protected and healthier;

Objective 27 – Biodiversity is protected, urban bushland and remnant vegetation is enhanced; and

Objective 37 – Exposure to natural and urban hazards is reduced.

 

·    Western City District Plan:

Planning Priority W3 – Providing services and social infrastructure to meet people’s changing needs;

Planning Priority W5 – Providing housing supply, choice and affordability, with access to jobs, services and public transport;

Planning Priority W14 – Protecting and enhancing bushland and biodiversity; and

Planning Priority W20 – Adapting to the impacts of urban and natural hazards and climate change.

 

·    Liverpool LSPS:

Planning Priority 6 - High-quality, plentiful and accessible community facilities, open space and infrastructure aligned with growth;

Planning Priority 7 - Housing choice for different needs, with density focused in the City Centre and centres well serviced by public transport;

Planning Priority 14 - Bushland and waterways are celebrated, connected, protected and enhanced; and

Planning Priority 15 - A green, sustainable, resilient and water-sensitive city.

The planning proposal request is inconsistent with a number of s.9.1 Ministerial Directions. Consistency or justifiable inconsistency with the following s.9.1 Directions must be achieved in order for the planning proposal to progress:

 

·    Direction 2.1 – Environmental Protection Zones;

·    Direction 2.2 – Coastal Management;

·    Direction 2.6 – Remediation of Land;

·    Direction 3.4 – Integrating Land Use and Transport;

·    Direction 4.1 – Acid Sulfate Soils;

·    Direction 4.3 – Flood Prone Land;

·    Direction 5.10 – Implementation of Regional Plans

 

The key planning issues with the planning proposal request, in addition to the inconsistency with the strategic planning framework are:

 

·    Flooding – The nature of the site, being within a high hazard flood zone, requires significant flood mitigation measures to enable the development and to allow for safe evacuation. The development proposes significant fill up to the PMF level (up to 10m) and therefore requires substantial compensatory flood storage. Resulting impacts have not been sufficiently identified at this stage in the planning process, and appropriate mitigation measures have not been provided in accordance with Part 1.3 of DPIE’s ‘A Guide to Preparing Planning Proposals’.

 

·    Contamination – Despite requests for sufficient information, there remains a level of uncertainty around the contaminated state of the site and the required remediation pathways to be followed by the applicant.

 

·    Biodiversity – The proposal involves a significant loss of vegetation and habitat across the site due to the level of manipulation of the foreshore area and due to the proposed access arrangements through Council owned Wurrungwurri Reserve. Council staff acknowledge the significant work that has been undertaken to identify the biodiversity value of the site, however insufficient strategies and mechanisms are provided to ensure these ecological values are protected as part of the proposal, and to demonstrate consistency with key ministerial directions.

 

·    Density – The proposed density remains a concern, including the appropriateness of 2,000 dwellings on the subject site. This is due to the lack of supportive infrastructure and the ‘out of centre’ context of the subject site when considering the LSPS strategic framework.

 

It is noted that Section 1.3 of DPIE’s ‘A Guide to Preparing Planning Proposals’ states that “a planning proposal relates only to a LEP amendment” and that a planning proposal “is not a development application nor does it consider specific detailed matters that should form part of a development application”. However, it also states that the level of detail required in a planning proposal should be proportionate to the complexity of the proposed amendment. Further, it states that an applicant “must provide enough information to determine whether there is merit in the proposed amendment proceeding to the next stage of the plan making process”.

 

For Council to assess the strategic and site merit of the planning proposal request, a sufficient level of detail is required to support the proposal. As stated in correspondence from Council staff to the applicant and as highlighted within this report, the complex environmental, flooding and contamination issues burdening the subject site remain unresolved.

 

Local Planning Panel Advice

 

The planning proposal request was considered by the Local Planning Panel (LPP) at its 30 November 2020 meeting, and this advice is included in Attachment 3. The LPP endorsed the Council staff conclusion “that the proposal, in its present form, does not demonstrate sufficient strategic and site-specific merit”. The LPP recommended that the planning proposal not proceed to a Gateway determination. A summary of the reasons for this recommendation are as follows:

 

·    Flora and Fauna“The principal constraint to future development of site E is the flora and fauna identified on the eastern riverside portion site… The land is presently zoned E2 environmental conservation for a reason, and there does not appear to be any strategic reasons to lessen that protection for the areas of undisturbed vegetation.”

 

·    Flooding – “Opportunity for future redevelopment may exist on the cleared area of the site. However significant landform modification will be required to raise the level of the land above the flood level… the feasibility of undertaking significant landform modification on the cleared areas of site E is questionable given the potential impacts on flood levels and on existing vegetation on the site and on adjoining land.

 

·    Vehicle and Pedestrian Access – “The planning proposal relies on a proposed elevated roadway located on the Council owned Wurrungwuri Reserve… the reserve is zoned E2 environmental conservation. The impacts of construction of such a roadway on the existing vegetation on the reserve is uncertain and potentially significant… The impact of an elevated roadway on the existing open space character of the golf course and reserve is also potentially significant.

 

·    Contamination – “Contamination of the site is an issue that is capable of being addressed at this stage of the process by the preparation of a preliminary site analysis in accordance with the NSW Contaminated Land Planning Guidelines.

 

The LPP stated that the subject site “might be capable of accommodating the types and density of uses proposed in the planning proposal if suitable flood free vehicle and pedestrian access was available to the site, and the development foot print was confined to the cleared areas of the site. However, that is not the form of development currently proposed in the planning proposal.

 

Consultation

 

Preliminary Community Consultation

 

Section 10 of the Liverpool Community Participation Plan (CPP) 2019 states the following:

 

For large scale planning proposals, Council will also exhibit the planning proposal for 28 days prior to a Council decision on whether to endorse the planning proposal for a Gateway determination.

 

As required by Council’s Community Participation Plan, the proposal was publicly exhibited for 28 days from 13 August to 20 September 2020.

 

The proposal received two community responses during this period, and one agency response (Attachment 4). Of the two community responses, one was in support and the other was in opposition.

 

The community submission in support was from the Moorebank Residents’ Action Group, and stated the following:

 

“This planning proposal request for the EQ Riverside project is consistent with the changing use of the riverfront land, from industrial and commercial to residential and open space. As you are aware there has been mammoth community support for an alternative on this site to the concrete recycling plant which was previously approved. This planning proposal represents that alternative and provides the community assurance that their neighbourhood will not be infiltrated by dirty industry.”

 

The second community submission objected to the proposal. It is noted that this submission was made for all planning proposals within the Moorebank East precinct. The submission raised the issue of traffic impacts, identifying that Newbridge Road is already heavily congested. Further, it identified that Newbridge Road is susceptible to flooding during heavy rain. The submitter raised objections to:

 

·    any further development and to leave this flood prone land vacant;

·    any additional houses or retail;

·    any increase in height of building;

·    any increase in floor space;

·    any shops or retail;

·    any rezoning; and

·    any apartments.

One state agency, namely Schools Infrastructure NSW (SINSW), responded to the proposal. This submission stated that the proposal would lead to a substantial increase in the total number of government primary and secondary school students. It was further stated that five other planning proposals in close proximity to the subject site (including the Moore Point proposal) would have a cumulative impact. SINSW stated that “it is anticipated that the cumulative impact of these six PP’s (including the subject PP) is likely to generate more students that can be accommodated at existing local government primary and secondary schools”. Within the submission SINSW requested further ongoing consultation to ensure educational facilities are supporting community needs and are appropriately resourced to service future population growth.

 

Conclusion:

 

Council staff met with the applicant and consultant team following the finalisation of Council’s LPP report. Council staff outlined that the planning proposal request was required by a previous Council resolution to be reported to the December 2020 Council meeting (at the latest).

 

Given that the assessment undertaken by Council, and the advice of the LPP that the planning proposal does not exhibit strategic or site merit, the proponent requested Council defer a decision on the planning proposal request to allow the applicant additional time to provide an amended proposal that adequately addresses the issues and inadequacies identified within the LPP report and the advice of the LPP.

 

It is recommended that Council not support this planning proposal request proceeding to a Gateway determination for the reasons outlined in the planning assessment report and in the advice of the Liverpool Local Planning Panel and to invite the proponent to consider the planning assessment report and the advice of the Liverpool Local Planning Panel and consider other options for the site that are consistent with the strategic planning framework (including the Regional and District Plans and the LSPS), relevant ministerial directions and site constraints.

 

CONSIDERATIONS

 

Economic

Facilitate economic development.

Environment

Manage the environmental health of waterways.

Protect, enhance and maintain areas of endangered ecological communities and high quality bushland as part of an attractive mix of land uses.

Support the delivery of a range of transport options.


Social

Preserve and maintain heritage, both landscape and cultural as urban development takes place.

Regulate for a mix of housing types that responds to different population groups such as young families and older people.


Civic Leadership

Act as an environmental leader in the community.

Encourage the community to engage in Council initiatives and actions.

Provide information about Council’s services, roles and decision making processes.

Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct.

Legislative

Environmental Planning and Assessment Act 1979

Risk

The risk is deemed to be Low. If Council does not support the planning proposal request, there is a risk that the landowner will seek a review of Council’s decision by the Sydney Western City Planning Panel.

 

 

ATTACHMENTS

 

1.         Planning proposal justification report

2.         Local Planning Panel Assessment Report

3.         Local Planning Panel Minutes

4.         Submissions from initial consultation

5.         Pre-planning proposal advice

6.         Letter to applicant - initial assessment and additional information request

7.         Applicant response and addtional information attachments

8.         Appendix 1 - Urban Design and Visual Impact Assessment

9.         Appendix 2 - Social Impact Assessment

10.       Appendix 3 - Economic Impact Assessment

11.       Appendix 4 - Flood Impact Assessment

12.       Appendix 5 - Flood Evacuation

13.       Appendix 6 - Flora and Fauna Assessment (Access Road)

14.       Appendix 7 - Preliminary Biodiversity Development Assessment Report

15.       Appendix 8 - Traffic Report

16.       Appendix 9 - Contamination Interim Advice

17.       Appendix 10 - Bushfire Assessment

18.       Appendix 11 - Aboriginal Heritage Due Diligence Assessment

19.       Appendix 12 - Infrastructure Gap Analysis Report

20.       Appendix 13 - Community Engagement Report

21.       Appendix 14 - Letter of Support from Brighton Lakes Golf Club

22.       Appendix 15 - Survey Plans

23.       Appendix 16 - Statutory Maps


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EGROW 03

Planning proposal request to rezone land and amend development standards at Lot 6 Newbridge Road, Moorebank

Attachment 1

Planning proposal justification report

 

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EGROW 03

Planning proposal request to rezone land and amend development standards at Lot 6 Newbridge Road, Moorebank

Attachment 2

Local Planning Panel Assessment Report

 

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EGROW 03

Planning proposal request to rezone land and amend development standards at Lot 6 Newbridge Road, Moorebank

Attachment 3

Local Planning Panel Minutes

 

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EGROW 03

Planning proposal request to rezone land and amend development standards at Lot 6 Newbridge Road, Moorebank

Attachment 4

Submissions from initial consultation

 

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EGROW 03

Planning proposal request to rezone land and amend development standards at Lot 6 Newbridge Road, Moorebank

Attachment 5

Pre-planning proposal advice

 

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EGROW 03

Planning proposal request to rezone land and amend development standards at Lot 6 Newbridge Road, Moorebank

Attachment 6

Letter to applicant - initial assessment and additional information request

 

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EGROW 03

Planning proposal request to rezone land and amend development standards at Lot 6 Newbridge Road, Moorebank

Attachment 7

Applicant response and addtional information attachments

 

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EGROW 03

Planning proposal request to rezone land and amend development standards at Lot 6 Newbridge Road, Moorebank

Attachment 8

Appendix 1 - Urban Design and Visual Impact Assessment

 

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EGROW 03

Planning proposal request to rezone land and amend development standards at Lot 6 Newbridge Road, Moorebank

Attachment 9

Appendix 2 - Social Impact Assessment

 

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EGROW 03

Planning proposal request to rezone land and amend development standards at Lot 6 Newbridge Road, Moorebank

Attachment 10

Appendix 3 - Economic Impact Assessment

 

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EGROW 03

Planning proposal request to rezone land and amend development standards at Lot 6 Newbridge Road, Moorebank

Attachment 11

Appendix 4 - Flood Impact Assessment

 

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EGROW 03

Planning proposal request to rezone land and amend development standards at Lot 6 Newbridge Road, Moorebank

Attachment 12

Appendix 5 - Flood Evacuation

 

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EGROW 03

Planning proposal request to rezone land and amend development standards at Lot 6 Newbridge Road, Moorebank

Attachment 13

Appendix 6 - Flora and Fauna Assessment (Access Road)

 

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EGROW 03

Planning proposal request to rezone land and amend development standards at Lot 6 Newbridge Road, Moorebank

Attachment 14

Appendix 7 - Preliminary Biodiversity Development Assessment Report

 

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1

EGROW 03

Planning proposal request to rezone land and amend development standards at Lot 6 Newbridge Road, Moorebank

Attachment 15

Appendix 8 - Traffic Report

 

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EGROW 03

Planning proposal request to rezone land and amend development standards at Lot 6 Newbridge Road, Moorebank

Attachment 16

Appendix 9 - Contamination Interim Advice

 

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EGROW 03

Planning proposal request to rezone land and amend development standards at Lot 6 Newbridge Road, Moorebank

Attachment 17

Appendix 10 - Bushfire Assessment

 

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EGROW 03

Planning proposal request to rezone land and amend development standards at Lot 6 Newbridge Road, Moorebank

Attachment 18

Appendix 11 - Aboriginal Heritage Due Diligence Assessment

 

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EGROW 03

Planning proposal request to rezone land and amend development standards at Lot 6 Newbridge Road, Moorebank

Attachment 19

Appendix 12 - Infrastructure Gap Analysis Report

 

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EGROW 03

Planning proposal request to rezone land and amend development standards at Lot 6 Newbridge Road, Moorebank

Attachment 20

Appendix 13 - Community Engagement Report

 

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EGROW 03

Planning proposal request to rezone land and amend development standards at Lot 6 Newbridge Road, Moorebank

Attachment 21

Appendix 14 - Letter of Support from Brighton Lakes Golf Club

 

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EGROW 03

Planning proposal request to rezone land and amend development standards at Lot 6 Newbridge Road, Moorebank

Attachment 22

Appendix 15 - Survey Plans

 








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EGROW 03

Planning proposal request to rezone land and amend development standards at Lot 6 Newbridge Road, Moorebank

Attachment 23

Appendix 16 - Statutory Maps

 

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1

Ordinary Meeting

16 December 2020

City Economy and Growth Report

 

 

EGROW 04

Planning proposal request to rezone land and amend development standards at 124 Newbridge Road, Moorebank

 

Strategic Direction

Strengthening and Protecting our Environment

Exercise planning controls to create high-quality, inclusive urban environments

File Ref

328465.2020

Report By

Kweku Aikins - Strategic Planner

Approved By

David Smith - Acting Director City Economy and Growth

 

Property

124 Newbridge Road, Moorebank (Lot 2 DP 602988)

Owner

Golden River Property Management Pty Ltd

Applicant

Golden River Property Management Pty Ltd

 

 

Executive Summary

 

Council has received a request to prepare a planning proposal on behalf of Golden River Property Management Pty Ltd for land at 124 Newbridge Road, Moorebank (Lot 2 DP 602988). The subject site has been informally referred to as the ‘Flower Power site’ and is located south of Newbridge Road, within the Moorebank East precinct.

 

This planning proposal request is one of five requests that have been lodged in recent times within the Moorebank East precinct and the subject site is identified as Site B within the precinct. The subject site is currently zoned RE2 Private Recreation, RE1 Public Recreation and B6 Enterprise Corridor. To ensure appropriate consideration of all requests in the Precinct, Council engaged Tract Consultants to prepare a structure plan to guide the assessment of the planning proposal requests for Sites A to D. Site E was not included as part of this work as it had not been lodged at the time that the structure plan was prepared.

 

The subject proposal (Attachment 1) seeks to facilitate the following development:

 

·    602 apartments (approx. GFA of 48,113m2);

·    Commercial and limited retail uses including:

167 serviced apartments along Newbridge Road (approx. GFA of 13,516m2);

3,120m2 gross floor area (GFA) of commercial shop-top space; and

6,578m2 of GFA of commercial space fronting Newbridge Road (of which approximately 870m2 will be retail).

·    Retain 10,847m2 of the existing RE1 Public Open Space zone to be dedicated to Council; and

·    Retain approximately 5,400m2 of the existing RE2 Private Open Space zone to be used as open space.

 

To achieve this proposed development, the planning proposal request seeks to:

 

·    Alter the B6 Enterprise Corridor zone boundary along the Newbridge Road frontage (24,502m2);

·    Retain the RE2 Private Recreation zone in the top northeast corner (approximately 5,400m2);

·    Rezone the remainder of the site to R1 General Residential (27,929m2);

·    Amend the height of building (HOB) development standard as follows:

From 15m to 8.5m for the north-eastern portion zoned RE2;

From 15m to 24m for the north-western portion of the site; and

From 15m to 30m for the southern residential foreshore area of the site;

·    Amend the floor space ratio (FSR) development standard as follows:

Retain the 0.75:1 FSR for the north-eastern portion zoned RE2;

From 0.75:1 and 0.25:1 to 1.7:1 for the north-western portion of the site ; and

From 0.25:1 to 2.5:1 for the southern residential foreshore area of the site.

·    Amend the minimum lot size development standard of 10,000m2 to 2,000m2 across the site.

 

Advice was sought from the Liverpool Local Planning Panel (LPP) at its meeting on 30 November 2020. The LPP assessment report for the proposal as presented to the LPP is included in Attachment 2.

 

The LPP assessment report outlines that the proposal has sufficient strategic and site-specific merit to proceed to a Gateway determination, subject to a number of conditions. The Panel agreed with the Council officer’s recommendation and supported the proposal proceeding to a Gateway determination. A copy of the panel’s advice is included in Attachment 3. The panel also advised Council to prepare a site-specific Development Control Plan (DCP) and to consider negotiating a planning agreement to provide certainty that the ongoing flood mitigation works will be completed prior to further development of the site.

 

It is recommended that Council notes the advice of the LPP, supports in principle the planning proposal request and submits the proposal to the Department of Planning, Industry, and Environment (DPIE) seeking a Gateway determination. Upon the receipt of a Gateway determination, it is recommended that a site specific DCP be prepared and either an amendment to the existing VPA applying to the site be prepared or a separate VPA be negotiated to support the planning proposal

 

RECOMMENDATION

 

That Council:

 

1.       Notes the advice of the Liverpool Local Planning Panel;

 

2.       Endorses in principle the planning proposal request, subject to incorporation of an 8,000m2 RE1 Public Recreation zone in the north east portion of the site (rather than an RE2 Private Recreation zone) to accommodate the required flood mitigation works under DA-309/2011/B;

 

3.       Delegates to the Chief Executive Officer to make any typographical or other editing amendments to the planning proposal as required;

 

4.       Forwards a planning proposal to the Department of Planning, Industry and Environment pursuant to Section 3.34 of the Environmental Planning and Assessment Act 1979, seeking a Gateway determination with a request that Council be authorised as the local plan making authority and that the Gateway determination be conditioned requiring:

 

-     The planning proposal to be assessed against the detailed flood evacuation constraint study currently being prepared (and expected to be finalised early 2021) prior to public exhibition;

-     A site specific DCP be prepared and referred to the Design Excellence Panel for advice prior to public exhibition;

-     A planning agreement be negotiated (or the existing planning agreement amended) prior to public exhibition ensuring at a minimum that existing bond values are reassessed, that works within the north-east portion of the site are completed prior to any further redevelopment of the site, and that maintenance works are extended to 1 (one) year from issue of the final construction certificate for works associated with the current development of the subject site;

-     A Comprehensive Social Impact Assessment (CSIA) be submitted prior to public exhibition to ascertain the required social infrastructure for the site; and

-     A peer review of the submitted Economic Impact Assessment (EIA) is conducted prior to public exhibition to ensure consistency with the Council adopted Centres and Corridor Strategy 2020.

 

5.       Subject to Gateway determination, undertakes public exhibition and community consultation in accordance with Council’s Community Participation Plan and the conditions of the Gateway determination;

 

 

 

6.       Delegates to the Chief Executive Officer authority to negotiate a Voluntary Planning Agreement with the proponent, agree the terms of the offer with the proponent and report back to Council the details of the VPA prior to exhibition of the planning proposal, consistent with the Council’s Planning Agreements Policy; and

 

7.       Receives a further report on the outcomes of public exhibition and community consultation

 

 

Report

 

The Site and Locality

 

The site is a 69,804m2 irregular-shaped allotment located at 124 Newbridge Road, Moorebank, legally described as Lot 2 DP 60298 (Figure 1). It is south of Newbridge Road, within the development precinct Council refers to as Moorebank East.

 

Map

Description automatically generatedFigure 1: Aerial map of the subject site (Source: Nearmap)

 

The site adjoins the classified road Newbridge Road to the north, with the Chipping Norton industrial area located on the other side of the road. To the east of the site is the Davy Robinson Reserve and boat ramp and adjoining low rise residential dwellings. Adjoining to the east and south is 146 Newbridge Road (Lot 70 DP 1254895), including the future Mirvac Georges Cove residential estate and Georges Cove Marina. The south-eastern boundary runs along the Georges River foreshore. The site is approximately 2km from the Moorebank Shopping Centre and 4km from the Liverpool railway station to the west.

 

Background

 

The subject site is identified as Site B within the Moorebank East precinct (Figure 2). The planning proposal request is one of five planning proposal requests lodged within the Moorebank East precinct.

 

Figure 2: Aerial Map of the Subject Precinct and Sites A – E (Source: Near Map)

The site was partly occupied by the Flower Power plant nursery and associated commercial activities which have since moved to another location. Accordingly, the site is currently disused and partially vacant. The site is undergoing flood mitigation works currently in accordance with development consent DA-309/2011 (as modified) for site remediation, earthworks and fill. Stage 1 of this DA is underway, and Stage 2 is yet to commence.

 

The site is currently zoned B6 Enterprise Corridor and RE2 Private Recreation (Figure 3).

 

Figure 3: Location Overview and current zoning (source: NSW Planning Portal: ePlanning Spatial Viewer)

 

The timeline of the planning proposal request since lodgment was provided to Council at the 26 August 2020 meeting as contained within the Status update on planning proposal requests in Moorebank report (EGROW 04). A timeline of events from this point onwards is provide in Table 1:

 

Table 1:  Site B (RZ-4/2017) timeline

Timeline

Date

Milestone/Event

23/07/20

Council meeting with TfNSW to discuss traffic and transport impacts of land use planning proposals within Moorebank East Precinct.

27/08/20

Council formal referral to TfNSW for planning proposal review and comment to resolve traffic and transport impacts of land use planning proposals within Moorebank East Precinct.

16/10/20

Additional information request sent to the proponent for amended planning proposal documentation (Planning Proposal, Traffic Impact Assessment, Social Impact Assessment, Economic Impact Assessment, Flood Impact Study and Urban Design & Concept Structure report).

10/11/20

The proponent provided the amended planning proposal documentation.

30/11/20

Local Planning Panel considered the planning proposal at its 30 November 2020 meeting.

03/12/2020

Local Planning Panel provided advice and comments on the planning proposal.

 

Proposed Amendment to the Liverpool Local Environmental Plan 2008

 

This planning proposal request is an amended version of a planning proposal request and associated documentation previously submitted in June 2017 by Golden River. The planning proposal request was amended and resubmitted to Council on 9 November 2020.

 

The current proposal (Attachment 1) seeks to amend the Liverpool Local Environmental Plan 2008 (LLEP) to facilitate the following development:

 

·    602 apartments (approx. GFA of 48,113m2);

·    Commercial and limited retail uses including:

167 serviced apartments along Newbridge Road (approx. GFA of 13,516m2);

3,120m2 gross floor area (GFA) of commercial top-shop space; and

6,578m2 of GFA of commercial space fronting Newbridge Road (of which approximately 870m2 will be retail);

·    Retain 10,847m2 of the existing RE1 Public Open Space zone to be dedicated to Council; and

·    Retain 5,400m2 of the existing RE2 Private Open Space zone to be used as open space.

 

Figure 4: Proposed masterplan (source: AE Design)

 

To achieve this proposed development, the planning proposal request seeks to:

 

·    Alter the B6 Enterprise Corridor zone boundary along the Newbridge Road frontage (24,502m2);

·    Retain the RE2 Private Recreation zone in the top northeast corner (5,400m2);

·    Rezone the remainder of the site to R1 General Residential (27,929m2);

·    Amend the height of building (HOB) development standard as follows:

From 15m to 8.5m for the north-eastern portion zoned RE2;

From 15m to 24m for the north-western portion of the site; and

From 15m to 30m for the southern residential foreshore area of the site;

·    Amend the floor space ratio (FSR) development standard as follows:

Retain the 0.75:1 FSR for the north-eastern portion zoned RE2;

From 0.75:1 and 0.25:1 to 1.7:1 for the north-western portion of the site; and

From 0.25:1 to 2.5:1 for the southern residential foreshore area of the site.

·    Amend the minimum lot size development standard of 10,000m2 to 2,000m2 across the site.

 

Figure 5: Existing and proposed zoning map (source: SG Haddad Advisory and FGCS)

 

Planning Assessment

 

Pursuant to the requirements of “A Guide to Preparing Planning Proposals” and relevant Ministerial Directions, Council staff conducted a merit assessment as contained within the LPP assessment report (Attachment 2).

 

Within the LPP report, it is identified that the planning proposal request does not significantly conflict with the relevant strategic planning framework in a broad sense. The planning proposal request, as amended, has addressed a number of Council’s concerns relating to the site merit of the proposal.

 

It was therefore concluded that the planning proposal request demonstrates sufficient strategic and site merit to proceed to a Gateway determination. However, Council staff recommend that the planning proposal request in its current form be subject to the following conditions:

 

·    Consult with TfNSW and Council regarding the required transport and traffic infrastructure requirements to support the future development to be facilitated by the planning proposal. This will ensure consistency with:

Objective 14 of the Regional Plan;

Planning Priority W1, W5 and W7 of the District Plan;

Planning Priority 3 and 7 of the LSPS; and

S.9.1 Ministerial Direction 3.4 -Integrating Land Use and Transport.

 

·    The proponent is to provide a mechanism to ensure the flood mitigation area under the existing DA consent is retained into the future to enable the safe development of the broader site. This will ensure consistency with:

Objective 37 of the Regional Plan;

Planning Priority W20 of the District Plan;

Planning Priority 15 of the LSPS; and

S.9.1 Ministerial Direction 4.3 – Flood Prone Lane.

 

·    The planning proposal is to be assessed against the detailed flood evacuation constraint study being prepared by Molino Stewart for the broader region that is due for completion in February 2021. This will provide Council with sufficient confidence that flood evacuation can occur in an appropriate and safe manner. This will ensure consistency with:

Objective 37 of the Regional Plan;

Planning Priority W20 of the District Plan;

Planning Priority 15 of the LSPS; and

S.9.1 Ministerial Direction 4.3 – Flood Prone Lane.

 

·    A peer review of the submitted EIA be completed to ensure impacts arising from a future development facilitated by the planning proposal are adequately considered. Further provisions as part of the proposed amendment may be identified as necessary as part of the peer review process to ensure impacts to surrounding centres are mitigated appropriately. This will ensure consistency with the Centres and Corridors Strategy 2020.

 

·    A Comprehensive Social Impact Assessment be completed to ensure that adequate social infrastructure is provided to support the proposal. Consultation with Council staff should be included in the development of the CSIA and its influence in refining the planning proposal, DCP amendment and amended Planning Agreement. This will ensure consistency with:

Planning Priority W3 of the District Plan; and

Planning Priority 6 of the LSPS.

 

·    The Draft Site Specific DCP be incorporated into a draft amendment to the Liverpool DCP and be referred to the Design Excellence Panel for advice.

 

·    The public benefits identified by the proponent are to be packaged into a draft letter of offer in accordance with Council’s Planning Agreement Policy. Alternatively, an amendment that provides additional items to the existing Planning Agreement for the site could be submitted.

Liverpool Local Planning Panel

 

At its meeting on 30 November 2020, the LPP considered the planning proposal request and agreed that the proposal demonstrates sufficient strategic and site-specific merit to proceed to a Gateway determination (Attachment 3). The LPP identified inconsistencies with the strategic planning framework, however they indicated that these could be addressed by way of investigation and assessment post-Gateway.

 

A summary of the LPP advice and officer response is provided below:

 

Table 2: LPP Advice and Officer Response

LPP advice

Officer response

The Panel endorses Council officers’ conclusion that the proposal demonstrates sufficient strategic and site-specific merit to proceed to a gateway determination. Although the proposal is not consistent with Planning Priority 15 of the Liverpool LSPS and Ministerial Direction 4.3 regarding flood affectation, the Panel considers that the inconsistency can be addressed by way of investigation and assessment post gateway.

Noted. It is recommended that Council support in-principle the planning proposal request and forwards a planning proposal to DPIE seeking a Gateway determination and public exhibition.

The Panel understands that DA-309/2011/B approved filling of the proposed B6 and R1 portion of the site, and compensatory excavation in the north eastern portion of the site. The quantity of excavated material required to be removed in the north eastern portion of the site is approximately 8,858m3. The Panel is unsure whether the area identified as RE2 on the proposed zoning map contains a sufficient area to accommodate the compensatory excavation area. The Panel recommends this be rechecked by Council officers.

The consent conditions for DA-309/2011/B require that a surface area of 8,000m2 is required to accommodate a flood storage volume of 8,858m3. However, the submitted urban design plan identifies that a surface area of 5,400m2 would be provided to accommodate the flood storage area.

 

Accordingly, it is recommended that the north-east portion of the site is rezoned to RE1 Pubic Recreation and be expanded to 8,000m2 to ensure that it is consistent with the land area required by the existing DA consent.

The Panel notes that the area of compensatory excavation will remain in private ownership, and that this area is proposed to be zoned RE2. The Panel is concerned that the RE2 zone does not adequately reflect the principal purpose of the land being flood mitigation, and the constraints imposed by DA-309/2011/B on future development. The Panel recommends that the planning proposal be amended to implement an SP2 (Drainage) zone over the flood compensatory excavation area, as an SP2 zone better reflects the primary purpose of this area and signals that its potential for development is strictly limited.

Council officers previously advised the proponent to amend the proposal to zone the subject north-eastern portion of the site to either SP2 (Drainage) or RE1 (Public Recreation), before dedicating the land to Council (at no cost). However, the proponent reiterated their desire to retain the land in private ownership and maintain the existing RE2 zoning.

 

Therefore, in light of the LPP advice and previous Council officer correspondence, it is recommended that the north-east portion of the site is rezoned to RE1 Public Recreation consistent with the land area required by the existing DA. Council officers consider that this zone is a more appropriate zone to allow the site to be utilised as a park while allowing the area to be available for necessary flood storage in significant flood events.

 

Regarding the proponent’s desire for retaining ownership of this portion of this area, Council officers can negotiate the possibility of such an arrangement through a planning agreement. This can occur as the Planning Agreement progresses, subject to receipt of a Gateway determination.

 

LPP advises that the following is to be undertaken at the post-gateway stage

The completion of the works approved in DA-309/2011/B is critical to the acceptability of the planning proposal and future development of this part of the precinct. The Panel recommend that Council be certain that these works will be carried out prior to any redevelopment of this part of the Moorebank East precinct. Certainty about the timing of these works could be achieved by way of a planning agreement, or an amendment to the existing planning agreement applying to the land, that requires the proponent to carry out the flood mitigation works prior to lodgment of a development application for any development on the land. The Panel recommends that execution of such a planning agreement must be made a condition of the proposed gateway determination.

Noted. It is recommended that the negotiation of a new or revised planning agreement occur, subject to receipt of a Gateway determination. 

Council consult with TfNSW post gateway to determine the extent of public infrastructure required to accommodate the expected traffic volumes generated by the development of all components of this Moorebank East Precinct, and the extent of controls needed to manage direct access for individual developments to and from Newbridge Road

Council officer’s have consulted with Transport for NSW to ensure the cumulative traffic impacts of proposed development in the Moorebank East precinct is understood and that required traffic improvement works, and a funding mechanism is identified. Further detailed discussion will occur with TfNSW as part of the state agency consultation phase, once a Gateway determination is issued.

Council assess the proposal against the findings of the regional flood evacuation strategy, which is expected to be finalised in early 2021

Noted. The planning proposal is to be assessed against the detailed flood evacuation constraint study being prepared by Molino Stewart for the broader region that is due for completion in early 2021. This will provide Council with sufficient confidence that flood evacuation can occur in an appropriate and safe manner.

Council carry out a peer review of the Economic Impact Assessment (EIA) and adjust the maximum retail and commercial GFA if the proposal is found to cause negative impacts on other retail zones

A peer review of the submitted EIA is to be undertaken, subject to receipt of a Gateway determination. This will ensure consistency with the Centres and Corridors Strategy 2020.

Council require the proponent to prepare a comprehensive social impact assessment (CSIA) to identify local social infrastructure requirements that might be suitable for inclusion in a site specific DCP

A CSIA is to be prepared, subject to receipt of a Gateway determination. This will ensure consistency with Planning Priority W3 of the District Plan and Planning Priority 6 of the LSPS, regarding adequate provision of social infrastructure.

The Council require the proponent to prepare a planning agreement or an amendment to the existing planning agreement that contains provision for affordable rental housing, social infrastructure identified in the social impact assessment, traffic and transport infrastructure, flood mitigation work and such other public infrastructure determined appropriate by Council officers

The public benefits identified by the proponent are to be packaged into a draft letter of offer in accordance with Council’s Planning Agreement Policy. Alternatively, an amendment of the existing planning agreement can be submitted. Negotiation of a new or revised planning agreement will occur, subject to receipt of a Gateway determination and any planning agreement will need to be endorsed by Council prior to public exhibition of the planning proposal. 

Council progress the preparation of a site specific DCP which provides greater clarity on the location and implementation of pedestrian and open space connections within and between the sub precincts in the Moorebank East Precinct.

An amendment to the existing DCP will be required, subject to receipt of a Gateway determination. Any site specific DCP will need to be exhibited concurrently with the planning proposal and referred to the Design Excellence Panel for advice.

 

Given the above, the planning proposal demonstrates sufficient strategic and site merit to proceed to a Gateway determination, in accordance with the LPP advice provided.

 

Consultation

 

Preliminary Community Consultation

 

On 27 July 2020 Council resolved to exhibit all planning proposals that have been lodged within Moorebank. Accordingly, the subject proposal was placed on public exhibition for 28 days in accordance with Council’s Community Participation Plan from 13 August to the 20 September.

 

Four (4) public submissions were received, including two (2) letters of objection (Attachment 4).

 

Table 4: Response to Submissions

Issue Raised

Officer Response

Support

This rezoning application is consistent with the changing use of the riverfront land, from industrial and commercial to residential and open space. We look forward to further consideration of the plans as they progress.

Noted.

Objection 1*

As a resident and ratepayer of Liverpool City Council I totally object to this development. We do not need another disaster; cars cannot move along Newbridge Road as it is - It does not need any further traffic that this development would bring.

The submitted Traffic Impact Assessment (TIA) indicates that subject to the construction of improvement works at key intersections, including as part of other developments in the local area including Sites A-E, traffic impacts of the development can be minimised.

 

In addition, Transport for NSW (TfNSW) has been consulted regarding cumulative traffic impacts of the Moorebank East Precinct and the proposed traffic improvement works. At the post Gateway stage, traffic impact assessment will be completed in conjunction with TfNSW to identify improvement works and appropriate funding mechanisms to minimise traffic impacts.

Any time we get heavy rain Newbridge Road floods.

Newbridge Road is subject to flooding. Flood-free access to the site will be from a new DCP road that connects with Brickmakers Drive.

I am against:

-any further development- leave this flood prone land vacant

-any additional houses or retail

-any increase in height of building

-any increase in floor space

-any shops or retail

-any rezoning

-any apartments

 

Tract Consultants were engaged to recommend appropriate land uses and densities on sites in the Moorebank East precinct and have prepared a structure plan that ensures the orderly development of the precinct.

 

At this early stage in the planning process, Council is satisfied that the proposal sufficiently addresses amenity, flooding and traffic impacts. These issues will be further addressed in detail once a Gateway determination is issued and consultation is carried out with relevant state agencies/authorities.

This proposal should be in the only local paper publishing in print, The Champion. Residents need to know.

The proposal was exhibited on Council’s website and in the ‘Liverpool Champion’ for a period of 28 days between 14 August and 10 September 2020.

Objection 2

Amending the LEP to allow for 25,255m2 of commercial floor space (including 5,450m2 retail and 3,146m2 shop top) is substantial and this would certainly take the focus from the retail and business centres in Moorebank, Chipping Norton, Hammondville, Wattle Grove, Liverpool and proposed centre at Holsworthy.

The planning proposal request is supported by an Economic Impact Assessment (EIA) prepared by HillPDA.

 

It is recommended by Council staff and the LPP that a peer-review of the submitted EIA be completed to ensure impacts arising from a future development facilitated by the planning proposal are adequately considered. This can occur at the post-gateway stage.

Clause 7.23 of the LEP states that:

 

“development consent must not be granted for retail premises if the GFA of the premises exceeds 1600m2.”

 

Accordingly, Council should maintain the current B6 restrictions on retail:

not exceeding GFA of 1600m2; and

not allowing for speciality retail stores but rather being restricted to bulky goods and showrooms.

The limitations under Clause 7.23 are noted. The proposal does not seek to amend the provisions of the subject clause. Any individual retail premises within the B6 zone would need to comply with these existing provisions of the LEP.

With the amount of planning proposals on Georges River and Newbridge Road, it is imperative that RE2 land remains to allow for recreational enjoyment for all Liverpool residents. It is also important that it remains RE2 to protect the natural environment and recreational amenities along the river

Although the rezoning will result in a reduction of RE2 land, the applicant has proposed to retain the RE2 zoning within the north-east corner of the site and retain the existing RE1 land along the foreshore.

 

It should be noted that Council staff recommend that the RE2 zone be replaced with an RE1 zone in the location of the approved compensatory flood storage area to ensure the compensatory flood storage is completed.

The RE2 zoning already allows for flexibility regarding permitted development. The planning proposal states that the B6 zone will include the following uses:

 

·    child care; and

·    hotel or motel accommodation (serviced apartments).

However, both child care and hotel accommodation are already permitted in an RE2 zoning. Therefore, no changes to the zoning are needed to permit these usages.

The re-alignment of the B6 zone will ensure that the enterprise corridor is predominately situated along Newbridge Road, thereby providing a buffer between the classified road and residential uses further south.

 

Childcare centres are prohibited in the B6 zone. The proposal does not include provisions for any additional land uses which would otherwise be prohibited in the B6 zone.

The addition of 750 dwellings would be quite significant to the existing infrastructure within the Liverpool area. A substantial amount of new apartments are planned and proposed for this region.

 

Apart from bus, this area is not well serviced by existing rail networks. This would mean that residents would be highly reliant on cars and would add to traffic in the Liverpool area.

 

The planning proposal has been amended at the insistence of staff to significantly reduce the density of development on the site. It is acknowledged that the development site is not close to a train station. However, the site is adjacent to Newbridge Road, and therefore bus route M90. The bus route operates with 10 minutes service frequency during weekday peak hours and at least 20 minutes service frequency during daytime hours on weekends and public holidays. To minimise traffic impacts of the proposed development Council will consult with TfNSW during state agency consultation to identify improvement works and a funding mechanism for improvement works to be carried out to the road network.

Neutral

The NSW Government agency - School Infrastructure NSW (SINSW) highlights that:

·    The cumulative impact of the Moorebank East precinct planning proposals (including RZ-4/2017) is expected to generate more students than what can be currently accommodated by the existing local government primary and secondary schools; and

·    SINSW required to be included in ongoing consultation with Council during each stage of the planning proposal process to address educational facility requirements as a result of population growth.

Noted. Council will consult with relevant agencies during the post-Gateway process.

*It is advised that ‘Objection 1’ was made for all planning proposals within the Moorebank East Precinct.

 

Internal Consultation

 

Flooding

 

The site is located on the floodplain of the Georges River, and is affected by flooding under the 1% Annual Exceedance Probability (AEP) event. Council’s flood engineers have previously advised that they did not support the proposal as initially lodged. Specifically, the plans originally lodged had not been updated to account for the current earthworks towards the northeast portion of the site. The Council has previously approved works (DA-309/2011/B) at the proposed rezoning site on 15 October 2012, which involved the filling of Site B with imported fill.

 

The consent conditions required excavation and lowering of the northeast corner of the site to provide a flow area for flood conveyance as a part of flood mitigation measures. This condition involved the lowering of 8,000m2 of land to 1.9m in the upper northeast corner of the site (8,858m3), adjoining Davy Robinson Drive and Newbridge Road. This portion of land is evident in Figure 6.

 

Figure 6 – Approved Cut and Fill Plans for the Subject Site, north-eastern portion of compensatory flood storage outlined in purple (DA-309/2011/B).

 

The planning proposal offers to retain a 5,400m2 portion of the RE2 Private Recreation zone in the top northeast corner of the site. This is inconsistent with the existing DA approval that requires the lowering of 8,000m2 of land to 1.9m AHD. Council requires the proponent to provide a mechanism to guarantee the required flood storage in the north eastern corner of the site, in accordance with the existing DA consent. Further referral and assessment to Council’s flood engineers will also be required post-Gateway to determine the planning proposal’s impacts within the regional flood evacuation study to be finalised in early 2021. It is recommended that area required be zoned RE1 to ensure this area is not developed and remains consistent with the DA approval.

 

Contamination

 

Council’s Environmental Health unit previously raised concerns relating to the planning proposal relying on previous contamination investigation studies submitted as part of the council approved development application (and subsequent amendments) for the earthwork and filling of the site (DA309/2011).

 

The proponent submitted a Phase 1 Preliminary Site Investigation report and appendices prepared by ADE Consulting Group Pty Ltd (dated 10 November 2020) as part of the request for additional information. The Phase 1 Preliminary Site Investigation report concluded that the site can be remediated and made suitable providing all conditions were addressed as per the development approval conditions of consent (DA309/2011) and the associated Remediation Action Plan (RAP).

 

Further assessment and discussion regarding the carrying out of relevant site contamination assessments can occur during the post-Gateway stage in consultation with the NSW Environmental Protection Agency (EPA) and Council staff.

 

Urban Design

 

Following further discussion with the Council's strategic planning unit and as per the request for additional information, the proponent has provided an amended planning proposal and supporting Urban Design Strategy report and site-specific Development Control Plan (DCP) documentation.

 

The process of refining the built form and urban design components is to occur as part of the post-Gateway process and will include the DCP amendment required to support the planning proposal. It is noted that this DCP amendment will be referred to the Liverpool Design Excellence Panel (DEP) for their advice.

 

Traffic Impacts

 

Council’s Traffic and Transport Unit has reviewed a Traffic Impact Assessment (TIA) report submitted with the planning proposal request. Preliminary consultation with TfNSW has been pursued, however this input has not yet been received by Council. The proponent has indicated a willingness to work with Council and TfNSW to identify its contribution in upgrading traffic infrastructure within the site and precinct.

 

Finalisation of precinct-wide traffic requirements and mechanisms for delivery, including Site B’s contribution towards road infrastructure is to follow in consultation with the proponent, Council and TfNSW during the post-Gateway stage. This work is crucial in ensuring the scale of development proposed can be appropriately supported by transport services, local intersections and the surrounding road network.

 

Social and Economic Impacts

 

The amended planning proposal documentation also included an Economic Impact Assessment and Social Impact Assessment reports prepared by HillPDA. Referral and consultation with Council staff highlight that a peer-review of the submitted EIA and a Comprehensive Social Impact Assessment are to be completed to ensure economic impacts and social infrastructure requirements are addressed. These assessments and review are to be undertaken during the post-gateway stage.

 

Conclusion

 

The planning proposal request has both strategic and site-specific merit. This report notes that there are several environmental, traffic management, and urban design details to be resolved at the post gateway stage. These will need to be incorporated into an updated planning proposal, as well as a site specific DCP, and either a new VPA offer or an amendment to the existing VPA applying to the site.

 

It is recommended that Council endorses the planning proposal to proceed to a Gateway determination with a further report prepared for Council’s consideration following state- agency consultation and public exhibition period, detailing any submissions received and any amendments proposed.

 

CONSIDERATIONS

 

Economic

Deliver and maintain a range of transport related infrastructure such as footpaths, bus shelters and bikeways.

Facilitate economic development.

Environment

Manage the environmental health of waterways.

Manage air, water, noise and chemical pollution.


Social

Regulate for a mix of housing types that responds to different population groups such as young families and older people.


Civic Leadership

Encourage the community to engage in Council initiatives and actions.

Provide information about Council’s services, roles and decision making processes.

Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct.

Legislative

Environmental Planning and Assessment Act 1979

 

Risk

The risk is deemed to be Low. This is subject to the fulfillment of Council staff recommendations to undergo further investigation and assessment of the identified flooding, contamination, and traffic issues.

 

 

ATTACHMENTS

 

1.         Planning Proposal Justification Report

2.         Planning Assessment Report

3.         Local Planning Panel Advice

4.         Public submissions

5.         Draft Site Specific DCP

6.         Economic Impact Assessment

7.         Social Impact Assessment

8.         Traffic Impact Assessment Report

9.         Flood Impact and Stormwater Infrastructure  Plan

10.       Statutory maps

11.       Noise Impact Assessment

12.       Flood Evacuation Justification

13.       Contamination Report

14.       Final Moorebank East Flood Evacuation Analysis

15.       Staged Moorbank East Precinct Traffic assessment


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Planning proposal request to rezone land and amend development standards at 124 Newbridge Road, Moorebank

Attachment 1

Planning Proposal Justification Report

 

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EGROW 04

Planning proposal request to rezone land and amend development standards at 124 Newbridge Road, Moorebank

Attachment 2

Planning Assessment Report

 

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EGROW 04

Planning proposal request to rezone land and amend development standards at 124 Newbridge Road, Moorebank

Attachment 3

Local Planning Panel Advice

 

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EGROW 04

Planning proposal request to rezone land and amend development standards at 124 Newbridge Road, Moorebank

Attachment 4

Public submissions

 

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EGROW 04

Planning proposal request to rezone land and amend development standards at 124 Newbridge Road, Moorebank

Attachment 5

Draft Site Specific DCP

 

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EGROW 04

Planning proposal request to rezone land and amend development standards at 124 Newbridge Road, Moorebank

Attachment 6

Economic Impact Assessment

 

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EGROW 04

Planning proposal request to rezone land and amend development standards at 124 Newbridge Road, Moorebank

Attachment 7

Social Impact Assessment

 

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EGROW 04

Planning proposal request to rezone land and amend development standards at 124 Newbridge Road, Moorebank

Attachment 8

Traffic Impact Assessment Report

 

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EGROW 04

Planning proposal request to rezone land and amend development standards at 124 Newbridge Road, Moorebank

Attachment 9

Flood Impact and Stormwater Infrastructure  Plan

 

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EGROW 04

Planning proposal request to rezone land and amend development standards at 124 Newbridge Road, Moorebank

Attachment 10

Statutory maps

 

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EGROW 04

Planning proposal request to rezone land and amend development standards at 124 Newbridge Road, Moorebank

Attachment 11

Noise Impact Assessment

 

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EGROW 04

Planning proposal request to rezone land and amend development standards at 124 Newbridge Road, Moorebank

Attachment 12

Flood Evacuation Justification

 

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EGROW 04

Planning proposal request to rezone land and amend development standards at 124 Newbridge Road, Moorebank

Attachment 13

Contamination Report

 

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EGROW 04

Planning proposal request to rezone land and amend development standards at 124 Newbridge Road, Moorebank

Attachment 14

Final Moorebank East Flood Evacuation Analysis

 

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EGROW 04

Planning proposal request to rezone land and amend development standards at 124 Newbridge Road, Moorebank

Attachment 15

Staged Moorbank East Precinct Traffic assessment

 

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Ordinary Meeting 16 December 2020

City Corporate Report

 

CORP 03

Annual Financial Reports 2019/20

 

Strategic Direction

Leading through Collaboration

Strive for best practice in all Council processes

Key Policy

Long-Term Financial Plan

File Ref

328856.2020

Report By

Earl Paradeza - Senior Management Accountant

Approved By

Vishwa Nadan - Chief Financial Officer

 

 

Executive Summary

 

The Council at its meeting on 25th November 2020 authorised the issue of 2019/20 audited financial statements.

 

The financial statements together with the audit certificate was lodged with the Office of Local Government (in accordance with Section 417 of the Local Government Act 1993) and placed on public exhibition inviting public submissions. Submissions closed on 8th December 2020. 

 

Council did not receive any submissions.

 

 

RECOMMENDATION

 

That Council receives and adopts this report.

 

 

REPORT

 

The Council at its meeting on 25th November 2020 authorised the issue of 2019/20 audited financial statements.

 

The financial statements together with the audit certificate were lodged with the Office of Local Government in accordance with Section 417 of the Local Government Act 1993.

 

The audited financial statements were placed on public exhibition. Section 420 of the Act permits members of the public to make submissions. Submissions closed on 8th December 2020.

 

The Act further requires Council to refer all submissions to its Auditor. Should any submission include matters of significant omissions and/or misstatements in the financial statements, appropriate steps prescribed by the Office of Local Government will be taken to amend the financial statements.

 

Council did not receive any submissions.

 

CONSIDERATIONS

 

Economic

The audited financial results for the ended 30 June 2020 are contained and presented in the report.

Environment

There are no environmental and sustainability considerations.


Social

There are no social and cultural considerations.


Civic Leadership

There are no civic leadership and governance considerations.

Legislative

Section 417 and Section 420 of the Local Government Act 1993.

Risk

Financial risk management issues are included in the financial statements.

 

 

ATTACHMENTS

 

1.         Audited Annual Financial Statements 2019/20 (Under separate cover)    


1

CORP 03

Annual Financial Reports 2019/20

Attachment 1

Audited Annual Financial Statements 2019/20 (Under separate cover)

 

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