planning proposal for 45-47 tennyson avenue and 105 … · 2020-03-03 · 2. amend schedule 1 of...

Ordinary Meeting of Council - 26 March 2019 GB.7 / 1 Item GB.7 S12120

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PLANNING PROPOSAL FOR 45-47 TENNYSON AVENUE AND 105 EASTERN ROAD, TURRAMURRA.

EXECUTIVE SUMMARY

PURPOSE OF REPORT:

To refer the Planning Proposal for 45-47 Tennyson Road and 105 Eastern Road, Turramurra on land currently operating as a plant nursey and service station to Council for its consideration.

BACKGROUND: The Planning Proposal seeks to amend the Ku-ring-gai Local Environmental Plan 2015 to:

1. rezone the land from R2 (Low Density Residential) to B1 (Neighbourhood Centre); and

2. amend schedule 1 of the KLEP 2015 to allow commercial premises on the land to have up to 1,540 square metres of gross floor area.

The key objective of the proposal is to formalise the existing, long term commercial uses on the site that are adjacent to the existing Eastern Road Neighbourhood Centre.

COMMENTS: The purpose of this report is to determine whether the Planning Proposal should be submitted to the Department of Planning and Environment for a Gateway Determination that will enable its public exhibition.

The Planning Proposal was reported to the Ku-ring-gai Local Planning Panel on 18 March 2019 as required by the Local Planning Panels Direction – Planning Proposals, issued by the Minister for Planning under Section 9.1 of the Environmental Planning and Assessment Act 1979.

It is acknowledged that the existing uses on the site complement other uses in the Centre. Expansion of the commercial function in the local neighbourhood needs to fit into the overall, broader strategic framework for Ku-ring-gai. It must also result in positive, safe and practical benefits for the centre, its surrounding neighbourhood and the community it serves.

RECOMMENDATION: That the Planning Proposal, as amended in this report, be submitted to the Department of Planning and Environment for a Gateway Determination.


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PURPOSE OF REPORT

To refer the Planning Proposal for 45-47 Tennyson Road and 105 Eastern Road, Turramurra on land currently operating as a plant nursey and service station to Council for its consideration.

Originally, SJB Planning presented an Amendment to Schedule 1 of KLEP 2015 to result in the following configuration:

A 1,000 square metre building, possibly for an independent fresh food grocer (Note: Harris Farm is stated in the Supplementary Planning Statement (Attachment A6 copy available);

A 235 square metre adjoining building (mainly along the Alice Street frontage), possibly for a florist, nursery and café; and

A 305 square metre separate building on the corner of Eastern Road and Tennyson Avenue, which is proposed to accommodate one or two speciality shops.

In August 2018 the Department of Planning and Environment (DPE) introduced the following new definitions that are relevant to this Planning Proposal i.e. garden centre, neighbourhood shops, and neighbourhood supermarkets. The proposed retention of the FSR standard of 0.3:1 will allow the desired maximum floor space of 1,540 square metres. Also, the new neighbourhood supermarket definition specifies a maximum floor area of 1000sq.m. It is important to note that this amount of floor space was separately specified in the Planning Proposal as submitted. As a result of these DPE changes, the proposed amendment to Schedule 1 is considered unnecessary. By not limiting permissible land uses, or specifying a particular building size, the recommended approach will also allow greater flexibility regarding future (permissible) use and building configuration on the site. BACKGROUND

Previous Planning Proposal The subject site was part of a previous Planning Proposal submitted by a different applicant. Discussions regarding the site and the previous Planning Proposal with Aldi as the proponent have dated back to 2015. The first pre- Planning Proposal meeting was held on 27 May 2015. The Planning Proposal was submitted to Council on 12 August 2015, which sought to make the following amendments to the KLEP 2015:

rezone the subject site from R2 Low Density Residential to B1 Neighbourhood Centre; amend the Floor Space Ratio applying to the subject sites from 0.3: 1 to 0.75 :1; and amendment to Schedule 1 – Additional Permitted Uses to allow a gross floor area of

1,955sqm for the purposes of an Aldi store and speciality shops on the subject sites. This Planning Proposal could have resulted in a maximum of 3,850 square metres of new floor space on the site. The Planning Proposal was the subject of a Council report on 8 December 2015. Council resolved not to support the Planning Proposal on the following grounds:


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1. The proposal is inconsistent with directions and actions in the Metropolitan Strategy “A Plan for Growing Sydney” which seeks to undertake urban renewal and growth within transport corridors and strategic centres in order to create jobs that are closer to home. Specifically Directions 1.7, 2.2, 3.1 and Actions 1.7.1, 2.2.2, and 3.1.1.

2. The proposal is inconsistent with s.117 Directions under the Environmental Planning and

Assessment Act 1979, specifically:

• 3.4 Integrating Land Use and Transport • 6.3 Site Specific Provisions • 7.1 Implementation of “A Plan for Growing Sydney”

3. The proposal is inconsistent with the objectives of Ku-ring-gai Council’s Community

Strategic Plan 2030 relating to the revitalisation of local centres and managing the impacts of new development within centres.

4. The proposal is inconsistent with the local service role and functions of neighbourhood

centres and will conflict with the hierarchy of commercial centres in Ku-ring-gai.

5. The proposal is inconsistent with the strategic directions and development principles within the Ku-ring-gai Retail Centres Study 2005 (Hill PDA) and Ku-ring-gai and Hornsby Subregional Employment Study 2008 (SGS Economics and Planning) which seek to retain of the local service role and function of the existing neighbourhood centres by limiting development capacity and encouraging larger retail within the higher order centres.

6. The proposal is inconsistent with the aims and objectives of the Ku-ring-gai Local

Environmental Plan 2015, specifically aim 1.2(g), objective of Clause 6.9(1) and the objective of the B1 Neighbourhood Centre zone in that the proposal is of a scale that is inappropriate for a neighbourhood centre, will service a wider catchment than the surrounding residential area and will conflict with the commercial hierarchy in Ku-ring-gai.

The Planning Proposal was subsequently submitted to the Department of Planning and Environment (DPE) for a Gateway Review by the proponent. The DPE refused the Review application on 9 March 2016. This fact remains noted on the DPE rezoning review web page. Planning Proposal A summary of the Planning Proposal the subject of this report can be found in the Purpose of this Report section earlier. Further detail can also be found in the Planning Proposal section ahead. A copy of Attachment A4-A16 is available. A Pre-Planning Proposal meeting was held at Council on 21 March 2018. See Attachment A7 (copy is available), for the Minutes of this meeting. The new Planning Proposal was initially registered with Council on 27 August 2018. Council sent a letter outlining the additional information required to complete the Planning Proposal on 5 October 2018. The amended proposal was received and formally registered with Council on 31 October 2018.


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The new Planning Proposal has not yet been publicly notified by Council. Key differences between the previous and current planning proposals The new Planning Proposal retains the existing FSR of 0.3:1 similar to the existing R2 (Low Density Residential) zone. The previous proposal increased the FSR on the site to 0.75:1, which is equal to the existing FSR in the existing, adjacent Eastern Road neighbourhood centre. The new Planning Proposal specifies a maximum gross floor area of 1,540 square metres, including a neighbourhood supermarket with a maximum gross floor area of 1,000 square metres. The previous Planning Proposal had a maximum gross floor area of 3,850 square metres, including a gross floor area for an Aldi supermarket of 1,955 square metres. The new Planning Proposal has reduced the potential gross floor area on the site by 60% from the previous Planning Proposal. Further, the size of the supermarket component has been reduced by almost 100%. The new Planning Proposal will have significantly less impact than the previous proposal, particularly in terms of the bulk, scale and function of future development on the site. The previous proposal specified Aldi as the main supermarket tenant on the site. The new Planning Proposal remains more general, and flexible, in terms of future uses and users of the site. Site description and local context The site is located in Turramurra, 17 kilometres north-west of the Sydney CBD and approximately 5 kilometres south-east of the Hornsby CBD. The site is approximately 1.3 kilometres north of Turramurra Railway Station and Turramurra Local Centre. It is 1.5 kilometres north of the Pacific Highway. See Map 1.


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Map 1: Location of Site between Hornsby, Turramurra and St. Ives

There is a local bus service from Macquarie University via the Station to the site and on to Hornsby via Wahroonga. There are 14 services per day from approximately 7am until 8pm Mondays to Fridays. There is another, less frequent service to and from Wahroonga four times daily via the site on week days (576T). Night and weekend buses are less frequent, or non-existent, in the local neighbourhood. The site consists of two lots, at 45-47 Tennyson Avenue (Lot 1 DP 4323 and Lot 2 DP515147) and 105 Eastern Road, Turramurra, which is identified as Lot 1 DP 515147. It is an almost square and has the following frontages to 3 streets: Eastern Road (71.19m), Tennyson Avenue (71.81 m) and Alice Street (72.54m). The total area of the site is 5129 square metres (Council Geocortex map system estimates the site to be 5120 square metres). The site is currently zoned R2 (Low Density Residential) under the Ku-ring-gai Local Environmental Plan 2015 (KLEP).


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Image 1: Aerial photo of the site and surrounds. The site is outlined in red

Image 2: Current Zoning Extract from KLEP 2015 – R2 Low Density Residential (pink).

The site is outlined in red.

The Tennyson Avenue property is currently used for a garden centre (Honeysuckle Garden Centre), associated car parking and structures. There are 8 full time and 5-10 part time (seasonal) casual staff employed at the nursery (applicant’s advice January 2019). The Eastern Road property is used for a service station and associated vehicle mechanical workshop (GRD Automotive Services) Service Station. There are 5 full time and 1 casual staff employed by this business (pers. Comm.


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applicant January 2019). The existing floor area of both businesses is 824 square metres. These existing uses are long term, well established enterprises. The garden centre property operated as an apple orchard and possible market garden from the early 1900s. From 1954 to 1968 it was owned by Ampol Petroleum Ltd., but it is likely to have been vacant by 1961. Between 1968-1978 it was used as a bus depot. From 1978 it has been used a nursery and landscaping supply shop, and as a café and nursery since 2002. The other property has been used as a service station and mechanical workshop since the 1950’s. The site is generally level. There is a gentle fall from north to south of approximately 3 metres. See Attachment A5. A copy is available. The majority of the site is unvegetated, however there is significant vegetation on the eastern and southern edges of the site. This is discussed ahead in more detail. The site is located immediately north (across Tennyson Avenue) of the existing Eastern Road shops. These shops and adjacent car parking areas are zoned B1 (Neighbourhood Centre) under KLEP. The floor area of the existing shops is approximately 1512 square metres. It is a well-established group of 7 shops that includes a small IGA supermarket (570 square metres), BWS Liquor Store, butcher, pharmacy, fruit and vegetable shop, café and drycleaner. All shops have remained occupied over time. The total existing B1 Neighbourhood Centre zoned area is approximately 3,684 square metres. This includes angled street front parking and the car park (to the south and east of the existing shops) provide a total of 55 car parking spaces (internal transport referral response December 2018) in the following breakdown:

Rear car park 37 spaces; angle parking along the Eastern Road frontage of 12 spaces; parallel parking on the Tennyson Road frontage of 2 spaces; and parallel parking on the Eastern Road frontage of 4 spaces.

The car park is accessed on the eastern side of the commercial buildings by Tennyson Lane, and on their western side by Eastern Road. The lane links Tennyson Avenue and Eastern Road in a reverse L configuration. Immediately east of the laneway in Tennyson Avenue is a Kindergarten (Turramurra Beehive Child Care) and a privately operated Swimming School (Turramurra Learn to Swim). The site is surrounded by a low density residential area that is zoned R2 (Low Density Residential) under the KLEP 2015. The area to its north and west is typical of low density residential areas in Ku-ring-gai, with high quality detached dwellings within large, established garden settings. Immediately east of the site is a small group of townhouses. Reasons for the Planning Proposal The Planning Proposal outlines the following reasons for the proposed amendments to the KLEP 2015(p.5 Executive Summary):

It responds to the historic use of the site for retail premises (noting the existing site contains a garden centre and service station);


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It will economically support surrounding development, namely the neighbourhood retail centre immediately to the south;

It will be compatible with the surrounding development, namely the surrounding low density residential development, as well as the neighbourhood retail centre immediately to the south;

It will provide the opportunity to expand and upgrade local employment opportunities for the site in a well serviced location;

It will achieve urban design integration and renewal of the locality; Development consistent with the Planning Proposal will facilitate remediation of land

contamination from present uses on the site; It will protect and enhance existing native vegetation (biodiversity) on the site; The proposal can be accommodated utilising the existing road network, which has been

assessed as being capable of accommodating the additional traffic generation; and It is consistent with the local and regional strategic planning framework.

The following additional merit was identified in the Supplementary Planning Statement (Appendix 2 p.4) to further justify the Planning Proposal:

It will provide services that will enhance choice and serve the needs of people living and/or working in the surrounding neighbourhood.

The Planning Proposal The Planning Proposal prepared by SJB Planning seeks amendment to the KLEP 2015 to rezone the 5,129 square metre site from R2 (Low Density Residential) zoning to B1 (Neighbourhood Centre). Permissible uses in the B1 (Neighbourhood Centre) comprise: Bed and breakfast accommodation; Boarding houses; Business premises; Centre-based child care facilities; Community facilities; Health consulting rooms; Home-based child care; Light industries; Medical centres; Neighbourhood shops; Neighbourhood supermarkets; Respite day care centres; Roads; Shop top housing; Water reticulation systems; Any other development not specified in item 2 or 4 The existing Maximum Building Height of 9.5 metres and maximum FSR of 0.3:1 LEP development standards are proposed to be retained for the site. See Images ahead for details.


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Image 3: Proposed zoning of the site to B1 Neighbourhood Centre as submitted by SJB Planning

Image 4: Existing 9.5 metre height development standard on the site.

This standard is proposed to be retained in the Planning Proposal.


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Image 5: Existing 0.3:1 FSR development standard on the site.

This standard is proposed to be retained in the Planning Proposal.

It is important to note that the proposed FSR development standard is less on the site than for the adjacent existing Eastern Road shopping centre (to the south). The latter area has a maximum FSR of 0.75:1. See Image 5. Schedule 1 Amendment Clause 6.9(2) of KLEP 2015 states that Development consent must not be granted to development for the purposes of commercial premises on land in Zone B1 Neighbourhood Centre if the development would result in the premises having a gross floor area of more than 1,000 square metres. There is ambiguity in the wording of this clause. To clarify the situation for future development, the applicant has proposed a Schedule 1 amendment to allow commercial premises maximum gross floor area (GFA) of 1,540 square metres on the site. Supporting Studies Several supporting studies form attachments to the Planning Proposal. They provide information and further justify the Planning Proposal. They are listed ahead. A copy of Attachment A5-A16 is available:

Survey Plan prepared by SurDevel Supplementary Planning Statement Pre-Planning Proposal Meeting Report prepared by Ku-ring-gai Council Architectural Plans prepared by Tandem Design Studio Urban Design Statement prepared by Oculus Traffic Report prepared by Colston Budd Rogers & Kafes Economic Impact Assessment prepared by Deep End Services Arboricultural Impact Statement prepared by Tree IQ Landscape Report prepared by Oculus


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Ecological Report prepared by GIS Environmental Consultants Combined Phase 1 & 2 Environmental Site Assessment prepared by Compaction & Soil

Testing Services Engagement (Community) Report prepared by Straight Talk

The Architectural Plans and Urban Design Statement included with the Planning Proposal provide an indication of possible type and scale of built outcomes enabled by the Planning Proposal. Briefly, it comprises:

a commercial premises with a GFA of 1,000 square metres to be used as an independent fresh food grocer (The Homestead);

an adjoining tenancy of 235 square metres to be used as a florist, nursery and café along the Alice Street frontage (Conservatory/ Café Nursery); and

a separate retail building on the corner of Eastern Road and Tennyson Avenue of 305 square metres to be used for 1 or 2 specialty shop tenancies (The Barn).

In considering the Planning Proposal, the building envelope across the entire site has to be considered as any future application on the site could potentially deliver alternative footprints and development of differing bulk and scale than indicated in this Planning Proposal. It is important to note that a Planning Proposal is not a Development Application and does not consider the specific detailed matters for consideration under Section 4.15 of Environmental Planning and Assessment Act 1979 (previously Section 79C). A Planning Proposal relates only to an LEP amendment. The proposed amendments need to be acceptable as a means for facilitating certain outcomes on the site, regardless of the subsequent approval or refusal of any future Development Application/s. Key Points If the Planning Proposal proceeds, the overall Eastern Road shopping centre commercial floor area will increase from 2,336 square metres (including 824 square metres for the existing service station and nursery), plus 1,512 square metres (for the existing Eastern Road shops), to approximately 3,052 square metres. The Planning Proposal will result in an overall increase in B1 Neighbourhood Centre Eastern Road land area from 3,684 square metres. to 8,813 square metres. Information on fifteen (15) areas zoned B1 Neighbourhood Centres in the Ku-Ring-gai local government area has been complied and tabulated. These 15 centres have a total gross floor area of 22,800 square metres (approximate Dekho measurement). The Planning Proposal would result in a potential increase in gross floor area of 716 square metres. This is considered a very small increase of 3.1% in the overall Ku-ring-gai Neighbourhood Centre context. In its independent review of the economic assessment report, Hill PDA state that the Eastern Road Neighbourhood Centre will not change in terms of its position in the overall Ku-Ring-Gai Centre Hierarchy as a result of the Planning Proposal. Importantly, the identified strategic need to have a functional hierarchy of centres in Ku-ring-gai is maintained as a result of the Planning Proposal.


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COMMENTS

Planning Proposal Assessment The Planning Proposal has been evaluated by Council’s Urban Design, Development Assessment, Transport, Natural Areas (Strategy and Environment) and Infrastructure teams. See Attachment A2 for detail. Analysis of the Planning Proposal and its attachments has been conducted, and summarised in the Table of Assessment. See Attachment A1. Internal Council Responses The key issues raised in the Council officers’ assessments are as follows: Natural Areas The proposed building footprint needs to be designed to further reduce impacts on the remnant Blue Gum High Forest (BGHF). This could potentially be achieved through a reduction of areas of the site which are not considered as ecologically significant (i.e. the orchard in the current proposal), and the provision of greater buffers for the remnant BGHF trees. Additional buffers could be achieved through site specific DCP controls requiring a greater setback from the mapped BGHF located in the south-eastern corner of the site. These issues are addressed via proposed changes to the Planning Proposal, should it proceed to the Gateway, in the Summary section at the end of this report. The impacts associated with the removal of 5 trees including 2 native species (T30 a young Eucalyptus saligna and T1 a large Melaleaca quinquenervia) through the current proposal is able to be offset onsite with appropriate plantings, which would need to be clearly identified in a vegetation management and replenishment plan. A detailed survey and tree plan would be required to ensure all retained trees remain viable, with suitable monitoring, vegetation management and replenishment. Again, a better outcome could be achieved by providing a greater buffer to retained trees or through alternative construction methods. The site is suitable for the proposed uses, and poses no unacceptable risk to human health or the surrounding environment. The issue of contamination will be addressed during the development process, and appropriate management and monitoring put in place if required. Transport The Planning Proposal states that approximately 20 employees would be working in the store at any one time. Based on the travel mode characteristics of the travel zone, it is likely that 15 employees would drive to work, 2 would be dropped off, 1 would arrive by train, 1 would walk and 1 would arrive by bus. While it is likely that around half of the employees would originate from the Ku-ring-gai LGA, the site is still likely to be a highly car-dependent site for journeys to work by employees.


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It is unlikely that this additional demand for public transport would place significant additional burden on existing services. The existing public transport services would likely have the capacity to accommodate any additional demand. Given the small public transport catchment and unrestricted nature of on-street parking in the vicinity of the site, it is likely to be highly car dependent for journeys to work. As the proposal to rezone the site would increase pedestrian demand across Eastern Road (to/from the western part of the walking catchment), consideration will need to be given (likely at DA stage) to improving crossing opportunities and additional pedestrian facilities on Eastern Road as well as across Tennyson Avenue and The Chase Road (where they meet Eastern Road), to facilitate and promote pedestrian access. It is unlikely that the additional demand generated by the proposal would create platform capacity issues at Turramurra Station. The number of shoppers/visitors to the site arriving by rail is also expected to be low, based on the mode share characteristics of the travel zone. There is a bus stop directly outside the site and opposite the site. Services provide connectivity to Turramurra railway station. The estimated traffic generation of the Planning Proposal is derived from the RTA Guide to Traffic Generating Developments for supermarkets and specialty shops. The net increase in traffic generation (allowing for the existing use) is estimated at additional 150 vehicle trips per hour (two-way) during the weekday afternoon peak hour and 130 vehicle trips per hour (two-way) during the Saturday peak hour. In terms of impacts to nearby intersections, the Planning Proposal would result in a Level of Service A/B (good operation/acceptable delays and spare capacity) for both the intersection of Eastern Road and Tennyson Avenue and the intersection of Eastern Road and Alice Street. Council’s Traffic Assessment section concurs with these figures and level of service estimates. Tennyson Road has a relatively narrow road pavement varying from approximately 7.5m to 10m, and the question of the desirability of carrying additional traffic in Tennyson Avenue, and whether traffic management measures would need to be considered, would be a matter for a future development application. Any traffic management measures that reduce traffic movements in Tennyson Avenue are likely to result in corresponding increases in traffic movements along The Chase Road. The Chase Road is a collector road and is already operating at around the maximum environmental traffic flows suggested for a collector road (as outlined in the RTA Guide to Traffic Generating Developments). While not a consideration at this stage, the potential for 82 car spaces would be lower than required by the DCP but higher (per square metre) than the parking provided for the existing shops. The slightly-lower-than-DCP provision could be supported though, if a management system was implemented to encourage turnover of the on-site spaces (e.g. electronic parking management system or enforcement by Council’s rangers). There are also 3-4 time-restricted parallel parking directly opposite (on the western side of Eastern Road) which contribute to short stay parking supply for public use. The Traffic Assessment report that forms part of the Planning Proposal indicates that the existing road infrastructure has capacity to cater for the proposal. Council’s Traffic Assessment section concurs with this conclusion.


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Urban Design The Planning Proposal is supported in principle. A site specific DCP is required to provide Council’s detailed requirements. Outcomes of the Planning Proposal include: increased public amenity; better safety and surveillance; as well as an activation of the street front (flexible parking and forecourt to Eastern Road) along the site. Development Assessment A DCP is required to guide development on the site, particularly in regard to protecting significant vegetation. See Image 6 ahead.

Image 6 Existing Terrestrial Biodiversity mapping will remain unchanged as a result of the Planning

Proposal.

Infrastructure The imposition of the appropriate Development Contributions would occur at the DA approval stage. Significant vegetation on the site needs to be protected. Conclusion on Internal Council Responses There are no internal objections to the Planning Proposal. With the provision of additional information, including more detailed development information becoming available. Most of the issues that have been raised will be addressed at the DA stage/s. External Response to Deep End Services Economic Justification Analysis The following table identifies key issues raised in the external review of the economic impact assessment (Attachment A3) submitted as part of the Planning Proposal was undertaken by Hill


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PDA (engaged by Council). It also identifies where review of the Deep End Services report is needed. This review needs to occur if it is to go to the Gateway for a Determination: Hill PDA review consideration (Page references are included in brackets).

RESPONSE by Hill PDA -recommended change to Deep End Services report

The Deep End Services Report provides a fair representation of the existing and proposed competitive hierarchy surrounding the site.

Nil

The defined trade areas are considered to be reasonable. However, the likely trade area is considered a little optimistic (p.7).

1. Contract the trade area to the north and south (as suggested in Hill PDA report) and rework the supply and demand assessment; or

2. Leave the trade area as it is (contract slightly to exclude the area south of the railway line) but existing retailers in the PTA must be included in the supply demand forecasting

The population projections and identified socio economic trends in the Deep End Services report are considered reasonable (p.8).

There was a double counting error which needs to be corrected.

The estimated expenditure per capita has been estimated as lower that the Deep End Services report (p.8).

The expected growth in retail sales per capita needs to be adjusted to less than 1% per annum to be more accurate.

The proposed Turramurra Community hub improvements would increase the amount of trade directed away from the site (particularly within the secondary trade areas). This would reduce the estimated capture rates (p.10).

The figures needs to be reviewed to include existing retailers in the PTA in the supply demand modelling and also to revise likely capture rates following the opening of the Turramurra Community Hub.

With the exception of Eastern Road (-9% shift in turnover between 2017 and 2020) and Hornsby Westfield (-4.1%), all centres would experience trade loss impacts as a result of the rezoning of less than 3.5%. It is important to note that the impact on the whole centre will be net positive as total retail sales is expected to increase by more than 80%. Consumers will have a larger and wider retail offer at Eastern Road. It is agreed that this would not change the Centre’s overall status in the Ku-ring-gai’s commercial centre hierarchy.

Nil

Existing retailers on Eastern Road may experience some initial loss (estimated 10-15%) depending on how they adapt, but the total expanded centre as a whole will be positive since the centre will double its retail offering and likely double its turnover. The Deep End Services report doesn’t address the cumulative impacts from both the Planning Proposal and the Turramurra Community Hub) (p.12).

The cumulative impacts of both the planning proposal and the Turramurra Hub on existing retail centres needs to be addressed.


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Hill PDA review consideration (Page references are included in brackets).

RESPONSE by Hill PDA -recommended change to Deep End Services report

In response to comments expressed in the Deep End Services report, Coles and Woolworths do have supermarkets below 1,500 square metres. The proposed controls would not prevent these operators from introducing smaller format models (p.13).

Nil

The Deep End Services report estimates 50 full time and part time staff in the supermarket. Hill PDA estimates 40 staff, based on major operator figure of 1 worker per 25 square metre. The specialties could employ up to 30 staff. Hill PDA estimates 20 staff, so the overall jobs on site estimate is revised to 70 (p.14).

Nil, however, this could have implications for the number of car parking spaces required in the future at the DA/s stage.

Regional, District and Local strategic merit The Planning Proposal demonstrates consistency with the relevant strategic local, district and regional principles. Key points are outlined below with details included in the Attachment A1 Table of Assessment attached to this Report. 1. Greater Sydney Region Plan – “A Metropolis of Three Cities” March 2018

The subject site is located north of the Eastern Economic Corridor and the strategic centre of Macquarie Park, within the Eastern Harbour City, as identified in the Greater Sydney Region Plan – ‘A Metropolis of Three Cities’ (see Figure 1).


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Figure 1: Extract from Eastern Harbour City Vision A Metropolis of Three Cities

The Planning Proposal is consistent with the broad directions of ‘A Metropolis of Three Cities’ through (Direction = D and Objective = O):

Encouraging and fostering healthy and socially connected communities by providing additional and improved commercial premises within walking distance of the surrounding residential area (D3, O6, O7 and O8; D6, O14);

Potential for the enhancement of an existing neighbourhood centre (D3, O6 and O7); Facilitating the upgrading and development of land adjacent to an existing neighbourhood

centre (D1, O3 and O4; D3, O6 and O7; D7, O22); Acknowledgement of the purposes for which the land has been used for decades (D1; D3

O6, O7; D5, O12; D7 O22); Rationalisation of use on land which is well serviced by existing infrastructure, including

public transport (train and bus) (D1, O3 and O4; D3, O6 and O7); Increasing opportunities for employment in the local area (D7, O22); Potential provision of a wider range of goods and services on land adjacent to an existing

neighbourhood shopping centre (D3, O6 and O7; D7, O22); An opportunity to protect local biodiversity that includes an identified Endangered

Ecological Community (D5, O13; D8 O27,O30; D10, O36 and O38); Preserving and increasing vital urban tree canopy via the retention, protection and

embellishment of remnant vegetation on-site (D8, O27 and O30; D10, O36 and O38);


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An opportunity to create improved green spaces and shade on the land that will reduce the impact of increased heat because of climate change (D5, O12; D8, O27, O28 and O30; D10, O36 and 38); and

The prospect of an enriched local urban outcome, both from within and without the land (D3 O7; D5, O12; D7, O22; D8, O27 and O30; D10, O36 and O38).

Further detail on the Planning Proposal in relation to its consistency with the Directions and Objectives can be found at Attachment A1. The Planning Proposal is considered to be consistent with the Directions and Objectives of the Greater Sydney Region Plan ‘A Metropolis of Three Cities’. 2. North District Plan The Ku-ring-gai LGA is located within the North District identified under the District Plans prepared by the Greater Sydney Commission. The North District Plan has been prepared to give effect to A Metropolis of Three Cities, the Region Plan that applies to the five districts that make up the Greater Sydney Region. The North District Plan has been prepared in accordance with section 3.4 of the Environmental Planning and Assessment Act. As well as providing a basis for strategic planning, it includes a number of Planning Priorities that are to be considered by planning authorities in making strategic planning decisions. The relevant Planning Priorities to the Planning Proposal are addressed in the Attachment A1 of this Report. The Planning Proposal is considered to be consistent with the following key Planning Priorities of the North District Plan (Planning Priority = N):

The site is well supported by existing infrastructure and services (N1and N12); An increased range of goods and services for the local community, for many within an easy

walking distance (N3, N4, N6 and N10); Significant vegetation will be conserved, protected and enhanced on the site (N16, N17,

N19); and Tree canopy will be increased (N23).

3. Our Ku-ring-gai - Community Strategic Plan 2038 Council’s Community Strategic Plan (CSP) 2038 was adopted in June 2018. It reflects the aspirations and priorities of our community into the future. It contains the community’s long term vision for Ku-ring-gai along with long term objectives to achieve that vision. The Strategic Plan 2038 includes the following six (6) key themes: 1. Community, People and Culture; 2. Natural Environment; 3. Places, Spaces and Infrastructure; 4. Access, Traffic and Transport; 5. Local Economy and Employment; and 6. Leadership and Governance.


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The relevant and/or applicable themes/objectives of the Strategic Plan 2038 are discussed in Attachment A1 of this Report. The Planning Proposal is considered consistent with the Themes and Objectives of the CSP 2038, and, in particular, the following:

although not required in the early stage, the applicant conducted its own community engagement in March 2018 to determine and discuss issues (positive and negative) (Themes 1 and 6);

significant vegetation will be conserved, augmented and enhanced (Themes 2 and 3); easy access is available via a variety of means, including cycling and walking (Theme 4); additional employment opportunities would be provided (Theme 5); and there would be strengthening of the local business economy (Theme 5).

4. Our Ku-ring-gai - Community Strategic Plan 2038 Delivery Program 2018-2021 and

Operational Plan 2018-2019 The Delivery Program outlines what Council intends to do during its term of office, and acts as a point of reference for all principle activities undertaken by Council. The Operational Plan details the specific projects, programs and services for a 12 month period. Council’s s.7.12 (previously S94A) Plan identifies $300,000 for improvement works to Eastern Road shops (page 31 – works program). There may also be money available in Council’s Capital Works Program. Ideally, these could be coordinated so the work is done at the same time as future development on the site. It is likely that a cash contribution to top up Council’s project funds would be required to do the design/consultation work. Additional Development Contribution levies would also be conditioned in future development consents. 5. Ku-ring-gai Integrated Transport Strategy July 2011 The site, nor the existing Eastern Road Neighbourhood Centre, are not specifically discussed in this Strategy. However, the Planning Proposal meets the applicable key objectives of the Strategy, particularly:

Reducing the need to travel and the length of trips; Providing a choice of travel options for people and goods, and promoting sustainable

choices; Making it safe and easy for people to access goods, services and destinations, particularly

by public transport; and Increasing the share of trips by public transport, walking and cycling and reducing car

dependency An increase in the size of the existing Eastern Road neighbourhood centre will result in a greater range of goods and services being offered within the existing catchment. Potentially, this will mean local people can shop more locally more often; reducing the need for numerous “external” car trips. Given the travel distance is reduced, the possibility of walking and/ or cycling safely from home to the neighbourhood centre is also increased. These factors are key net community benefits resulting from the Planning Proposal.


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The relevant, applicable themes and objectives of the Strategy, are discussed in detail in Attachment A1. 6. Ku-ring-gai Sustainability Vision 2008-2033 One of the identified key resident findings of the Ku-ring-gai Sustainability Vision was the need to improve infrastructure in neighbourhood shopping centres in the LGA. The Planning Proposal could act as a catalyst for the upgrade of infrastructure in the Eastern Road Neighbourhood Centre. Funds are available for this upgrade in Council’s Development Contributions Plan as discussed earlier in this report. The four (4) themes that emerged from the consultation process include the themes of social, environmental, economic and governance. The Planning Proposal is compliant with these themes. They are discussed in more detail in Attachment A1 of this report. 7. State Environmental Planning Policies (SEPPs), including draft SEPPs. The Planning Proposal has been assessed against the following relevant SEPP’s, and draft SEPPs:

SEPP 55 – Remediation of Land; SEPP (Infrastructure) 2007; SREP – Hawkesbury- Nepean River; and Draft Environment SEPP.

Further detail can be found in Attachment A1 of this Report. The Planning Proposal is not inconsistent with the relevant SEPPs, and draft SEPP. 8. s.9.1 Ministerial Directions The following relevant Directions have been considered as part of the Planning Proposal:

Business and Industrial Zones; 3.1 Residential Zones; 3.4 Integrating Land Use and Transport; 5.10 Implementation of Regional Plans; 6.3 Site specific Provisions; and 7.1 Implementation of A Plan for Growing Sydney

Further detail can be found in Attachment A1 of this Report. The Planning Proposal is not inconsistent with the following relevant s.9.1 Ministerial Directions: 1.1 Business and Industrial Zones; 3.4 Integrating Land Use and Transport; 5.10 Implementation of Regional Plans; 6.3 Site specific Provisions; and 7.1 Implementation of A Plan for Growing Sydney. The Planning Proposal is justifiably inconsistent with Direction 3.1 Residential Zones for a number of reasons:

the land has never been used for residential purposes; it will utilise existing, available infrastructure; and is adjacent to the existing Eastern Road

Neighbourhood Centre;


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it provides an opportunity for the enhancement of the existing, adjacent centre; as well as significant vegetation on the site: and

the proposed scale of development is compatible with surrounding residential uses. Importantly, it will better service the goods and services needs of the local community.

9. Ku-ring-gai Retail Centres Study 2005 In 2005 this Study recommended keeping the Eastern Road neighbourhood centre as a “local” centre i.e. the smallest category in the Study’s hierarchy. It also recommended “containing” retailing (as opposed to dispersing or spreading it) to minimise travel times, improve convenience and improve competition within existing retail centres. The Study also identified a need to increase floor area to meet growth in demand. This increase was to be based on the need to maintain a functional hierarchy of centres and to balance the retail offer, competitiveness and accessibility for consumers. It recommended Turramurra as a district centre (20,000sq.m). In the retail hierarchy (Attachment A11) it recommended that Turramurra could have an expansion of up to 4,000 square metres. This was incorporated in KLEP (Local Centres) 2012. It was intended that some of this would be for the expansion of the 2 existing supermarkets, which were considered too small for modern supermarkets. At this time, no additional development has occurred in Turramurra following the Local Centres LEP. In the Hill PDA’s independent review of the Planning Proposal’s economic analysis (Deep End Services report), it is confirmed that Turramurra’s status in the overall Ku-ring-gai commercial hierarchy would be maintained. Although the Planning Proposal would cause some impacts, the overall viability of the nearby Turramurra Community Hub would not be threatened by the Planning Proposal. The Hill PDA report does state that, post Planning Proposal, the Eastern Road Neighbourhood Centre would remain in its current place below Turramurra Local Centre. The Ku-Ring-Gai Retail Centres Study also recommended:

7. Identify site suitable for large scale development, by accommodating more efficient use of land and building within or surrounding existing centres.

Although the Planning Proposal is not “large scale” in terms of overall retail development (just 3.1% increase in neighbourhood centre floor space in the Ku-ring-gai LGA), it will still result in an increase the amount of gross floor area in the existing centre. In line with the Study’s recommendation, it would result in the more efficient use of land adjacent to an existing Centre. The previous Planning Proposal (2015) provided a total of 3,850 square metres of additional floor area. The new Planning Proposal the subject of this report provides for 1,540 square metres which is significantly less. The maximum size of the neighbourhood supermarket is 1,000 square metres, around half the size of the previous proposal. The Planning Proposal conforms with the Recommendations of the Study.


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10. Ku-ring-gai Local Environmental Plan 2015 (KLEP 2015) Although the site is zoned R2 (Low Density Residential) it has been used for nursery and service station purposes (commercial) for decades. The R2 zone objectives include:

To provide for the housing needs of the community within a low density residential environment.

To provide for housing that is compatible with the existing environmental and built character of Ku-ring-gai.

These objectives are not appropriate for or relevant to ongoing commercial land uses on the site. In contrast, the objective of the B1 (Neighbourhood Centre) is: To provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood. The objective of this zone far more accurately reflects the current and intended future uses of the land. If it proceeds as recommended in this report, the rezoning will better inform all stakeholders of land uses at the site. It will also facilitate greatly increased opportunity for improvement and renewal over time. There are likely to be multiplier effects for the neighbourhood centre as a whole in the medium and longer term. In the Hill PDA review of the economic assessment in the Planning Proposal, it is stated that the existing retailers in the Eastern Road shops will experience some loss depending on how they adapt or change but the expanded centre as a whole will be strongly positive since the centre will double its retail offering and likely double its turnover. The Planning Proposal would provide significant net benefits to the overall neighbourhood centre, as well as the surrounding community. It is proposed to retain the existing Maximum Building Height and Floor Space Ratio (FSR) development standards that apply to the site. This will ensure that future development will be no higher than that permissible in the adjacent, existing shopping centre. The site has a lesser FSR than the existing shopping centre. As indicated in the development concept plans provided in the Planning Proposal, the urban outcome on the site will not be a traditional strip in style. There will be fewer but larger building footprints, mostly underground vehicle and parking/ loading, a flexible parking/forecourt area at Eastern Road level, and several open space areas. If constructed in the future, the development concept plan would result in a more contemporary outcome (including mostly underground parking and good pedestrian circulation within the site) than the more traditional strip style shops to the south. The Planning Proposal demonstrates integration of the objectives of the proposed B1 zone and development standards. The necessity for the proposed amendment to Schedule 1 to allow a maximum 1540 square metres of commercial floor space is discussed ahead in this report.


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11. New definitions of neighbourhood shop, neighbourhood supermarket and garden centre in the B1 (Neighbourhood Centre) zone.

On 31 August, 2018 the Department of Planning and Environment introduced the following new definitions that are relevant to the Planning Proposal. These definitions are now included in KLEP: garden centre means a building or place the principal purpose of which is the retail sale of plants and landscaping and gardening supplies and equipment. It may include a restaurant or cafe and the sale of any of the following: (a) outdoor furniture and furnishings, barbecues, shading and awnings, pools, spas and associated

supplies, and items associated with the construction and maintenance of outdoor areas, (b) pets and pet supplies, (c) fresh produce. Note. Garden centres are a type of retail premises—see the definition of that term in this Dictionary. (7) Neighbourhood shops If development for the purposes of a neighbourhood shop is permitted

under this Plan, the retail floor area must not exceed 100 square metres. Note: This use has a maximum retail floor area of 100 square metres.

(7AA) Neighbourhood supermarkets If development for the purposes of a neighbourhood

supermarket is permitted under this Plan, the gross floor area must not exceed 1,000 square metres. Note: This use has a maximum gross floor area of 1000 square metres.

The introduction of these new definitions does not have any implications for the Planning Proposal i.e. there is no need to make any changes to it. The new definitions will ensure that any neighbourhood supermarket on the site is limited to a maximum of 1,000 square metres of floor space. It will result in/ allow the following “possible” outcomes. It is important to note that other land uses and development configurations would be possible under the rezoning:

a neighbourhood supermarket with a gross floor area of 1,000sq.m. This meets the terms of the new definition;

a garden centre with an unspecified gross floor area (the planning proposal estimates this use will occupy a gross floor area of 235 square metres).This use meets the terms of the new definition; and

1 or 2 specialty shops with a total gross floor area of 305 square metres. OTHER CONSIDERATIONS “Competition” is not a Town Planning Consideration Often an excessive amount of consideration is given to economic assessment in environmental planning matters involving commercial land use. The following information provides a counter view to this. It is based on previous Land Environment Court cases that have shaped ongoing best


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practice in the planning profession. The legal approach outlined here has influenced the recommendations of this report. In the assessment of planning matters in any assessment is not about solving economic competition problems between retailers, or undermining the operation of a free market economy. Further, Section 4.15 Evaluation (previously s.79C in relation to DA’s) of the Environmental Planning and Assessment Act, 1979 does not include the consideration of loss of trade that might occur by any planned or existing businesses. These matters are more appropriately dealt with via other legislation such as The Trades Practices Act, and market forces (Extracted from a public submission to Australian Consumer and Competition Grocery Inquiry by Urban Taskforce Australia on 11 March 2008 by Urban Taskforce Australia). This is well established in NSW case law. It is appropriate to include Justice Stephen’s most quoted comment from Kentucky Fried Chicken v Gantidis (1979) 140 CLR 675 at page 687:

“If the shopping facilities presently enjoyed by a community or planned for it in the future are put in jeopardy by some proposed development, whether that jeopardy be due to physical or financial causes, and if the resultant community detriment will not be made good by the proposed development itself, that appears to me to be a consideration proper to be taken into account as a matter of town planning. It does not cease to be so because the profitability of individual existing businesses are at one and the same time also threatened by the new competition afforded by that new development. However, the mere threat of competition to existing businesses if not accompanied by a prospect of a resultant overall adverse effect upon the extent and adequacy of facilities available to the local community if the development be proceeded with, will not be a relevant town planning consideration.”

The Planning Proposal includes an economic assessment which Council has had independently reviewed. The Hill PDA review of the economic assessment confirms the Planning Proposal’s (Deep End report) findings that, while there will be a negative economic change for some retailers in the existing Eastern Road Neighbourhood Centre, the expanded centre as a whole will be strongly positive since the Centre will double its retail offer and likely double its turnover. The economic impact of the Planning Proposal on the existing Eastern Road neighbourhood centre needs to be considered within the context outlined in this section of the report. Draft Development Control Plan (DCP) It is recommended that a site specific draft Development Control Plan (DCP) be prepared and publicly exhibited with the Planning Proposal. The draft DCP would be prepared by Council in line with current best practice. It needs to include the following controls to maximise positive environmental outcomes for the site:

Building form and design; setbacks; scale; roof Form; building footprint, including separation from tree driplines; building envelopes; building materials and finishes;


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open space; provision of outdoor sun and shade areas to maximise comfort for all stakeholders; linkages and internal - external circulation; protection and enhancement of identified EEC vegetation, retention of tree canopy and

green space; vegetation protection buffers; Vegetation Management and Replenishment Plan; landscaping; sustainability, re use and recycling; safety and access for all modes; activation and multi-use of the Eastern Road forecourt; and parking – motor vehicle and bicycle.

Civic Improvement As previously discussed, Council’s Development Contributions Plan identifies funds for improvement works to Eastern Road shops. There may also be funds available in Council’s capital works program, subject to prioritisation. It is likely that a cash contribution to top up Council’s project funds would be required to do the design/consultation work. Additional Development Contribution levies would also be conditioned in future development consent/s on the site. ADVICE FROM KU-RING-GAI LOCAL PLANNING PANEL Local Planning Panels Direction – Planning Proposals issued by the Minister for Planning under Section 9.1 of the Environmental Planning and Assessment Act 1979 requires Council to refer all Planning Proposals prepared after 1 June 2018 to the Ku-ring-gai Local Planning Panel for advice, before it is forwarded to the Minister for a Gateway Determination under Section 3.34 of the Environmental Planning and Assessment Act 1979. The Planning Proposal was reported to the Ku-ring-gai Local Planning Panel Meeting on 18 March 2019. The KLPP supported the Planning Proposal, as they considered the proposed zoning, with the changes outlined ahead in this report, is appropriate for the site. The Panel’s advice was:

a. The Panel endorses the contents of the staff report, including the proposed amendments to the SJB Planning Proposal for 45-47 Tennyson Avenue and 105 Eastern Road, Turramurra.

b. That the Deep End Services Economic Assessment report needs to be reviewed in

line with the staff report before the Planning Proposal goes to Gateway for a Determination.

c. The Panel recommends to Council that the Planning Proposal for 45-47 Tennyson

Avenue and 105 Eastern Road Turramurra be submitted to the Department of Planning and Environment for a Gateway Determination, subject to the amendments detailed in the staff report, and any other resultant editorial changes.


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d. The Panel recommends to Council that it commence discussions with the proponent in respect to the provision of facilities in the Tennyson Road reserve to create safe pedestrian movement between the existing B1 zone and the planning proposal site. Council should also consider entering into a VPA to facilitate such pedestrian connections.

B. The reasons for the decision: The Panel notes the continual ongoing use of these sites as forming part of the local neighbourhood centre.

C. How community views were taken into account in making the decision: No submissions

were received however the Panel considers public interest would be served by consideration at Gateway level.

In relation to the facilitation of safe pedestrian movement between the existing Eastern Road Neighbourhood Centre and the Planning Proposal site, and the possibility of a VPA to effect this, is worth exploring. SUMMARY OF RECOMMENDED CHANGES TO THE PLANNING PROPOSAL On the assumption that the site is to be consolidated into one lot, it is proposed to make some changes to KLEP 2015 not sought via the SJB Planning Proposal. They are discussed below. It is proposed to remove the existing, applicable subdivision minimum lot size provision of 1unit per 930 square metres. This will make the site consistent with the existing, adjacent Eastern Road Neighbourhood Centre. See Images 7and 8 ahead for detail.

Image 7 Existing minimum lot size of 930 square metres for the site is consistent with the surrounding R2

Low Density Residential zoned neighbourhood.


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Image 8 It is proposed to remove the minimum lot size control on the site because of the proposed change in

zoning. This is consistent with the B1 zoned Eastern Road Shopping Centre to the south.

Image 9 Proposed B1 zoning extended across Tennyson Avenue to link the proposed and existing

Neighbourhood Centre zoning. This zoning approach is consistent with best practice, required and is similar to other comparable situations in Ku-ring-gai.

The proposed SJB Planning amendment to Schedule 1 constrains both the size and the type of development on the site i.e. the maximum gross floor space of “commercial premises” (only) on the land is 1,540 square metres. The proposed amendment to Schedule 1 is considered inappropriate and unnecessary. Permissible uses on the site do not need to be constrained to commercial premises only. There


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are many other permissible uses that may be appropriate for the site; if not now, then in the future. To increase flexibility for future land use and development options i.e. to allow a broader range of possible future land uses, it is considered better planning to let the full range of permissible uses under the B1 Neighbourhood Centre zoning apply to the site. Further, the FSR development standard of 0.3:1 that already applies to the site (and is proposed to be retained), will limit floor space to 1540 square metres. It is therefore unnecessary to replicate this limit via a Schedule 1 amendment. The DPE introduced new definitions of garden centre, neighbourhood shops, and neighbourhood supermarket (with a maximum gross floor area of 1000 square metres) in August 2018. The garden centre and neighbourhood supermarket uses are proposed to form part of the future development of the site, as per the Planning Proposal presented by SJB Planning. These uses remain permissible uses if there is no change to Schedule 1, as recommended in this report. INTEGRATED PLANNING AND REPORTING

Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program Term Achievement

Operational Plan Task

P2.1 A robust planning framework is in place to deliver quality design outcomes and maintain the identity and character of Ku-ring-gai

Strategies, plans and processes are in place to effectively manage the impact of new development

Implement and monitor the Local Environmental Plans and supporting Development Control Plans

GOVERNANCE MATTERS

The process for the preparation and implementation of Planning Proposals is governed by the provisions contained in the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000. RISK MANAGEMENT

This is a privately initiated Planning Proposal. In its consideration of this report Council will determine its position on this Planning Proposal i.e. whether or not to send it to the DPE for a Gateway Determination to proceed to public exhibition. FINANCIAL CONSIDERATIONS

This is a private Planning Proposal and Council’s Fees and Charges have been applied to cover the Departmental costs of processing the Planning Proposal. Should the proposal proceed to exhibition, advertising fees will be sought from the applicant as per Council’s Fees and Charges. Costs to develop the recommended site specific DCP upon a favourable Gateway Determination will be sought from the applicant in accordance with Council’s Fees and Charges. SOCIAL CONSIDERATIONS

The applicant has submitted a Planning Proposal to rezone the site to reflect its long term business uses, and to provide an opportunity for urban renewal. This will expand the existing, adjacent Eastern Road Neighbourhood Centre, and offer local residents a greater range of shops


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and services close to home. Limits have been placed on the size and scale of future development on the site. It is important to note that the site will have a significantly less FSR than the existing shops to the south. Detailed controls will be introduced via a site specific DCP if the Planning Proposal proceeds to the Gateway and receives a favourable determination. The provision of sufficient land to provide the services required by the community needs to remain a top priority for Council. The wording of the B1 Neighbourhood Centre zone objective reflects this appropriately i.e. To provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood. The Planning Proposal will also act as a catalyst for enhancing the urban quality and outcomes of a larger Neighbourhood Centre. As previously discussed, Council’s Development Contributions Plan identifies funds for improvement works to the Eastern Road Neighbourhood Centre. There may also be funds available in Council’s capital works program. It is likely that a cash contribution to top up Council’s project funds would be required to do the design/consultation work. Additional Development Contributions levies would also be conditioned in future development consents. ENVIRONMENTAL CONSIDERATIONS

All aspects of the proposal with potential environmental impacts have been considered in the preparation of this Local Planning Panel Report. The assessment has included the analysis of the specialist reports included in the Planning Proposal.

Any specific development that occurs on the site as a result of the proposal will be considered in detail at the Development Application/s stage. COMMUNITY CONSULTATION

Should the Planning Proposal proceed to the Gateway and be approved for public exhibition, the DPE will issue a list of agencies and stakeholders for consultation during the exhibition period. Further local community consultation would be set out in the Gateway Determination, and in accordance with the legislative requirements. INTERNAL CONSULTATION

Internal consultation has taken place for the preparation of this report. Council’s development assessment, urban design, infrastructure, transport and natural areas staff have assessed the Planning Proposal which has been addressed in this Report. SUMMARY

The existing uses on the site do not represent the most “orderly and economic development on the land” in the current conditions of 2019. While both existing enterprises provide important goods and services to the local community; they do not contribute aesthetically in a positive way to the site, or the neighbourhood. There is little architectural merit in any of the buildings. The existing vegetation on the site that is identified in the biodiversity mapping layer in KLEP 2015 has significant environmental merit. This vegetation is recommended for conservation and augmentation. There is a contamination issue based on the historical use of part of the site. Council’s Natural Areas specialist does not have objections to the Planning Proposal on these grounds. It is


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considered this issue has solutions, either at the Planning Proposal (post Gateway Determination) and/or development application stage. There are no Council specialist objections to the Planning Proposal. This Planning Proposal presents Council with the opportunity to formalise and rationalise business uses on the land, and to guide future development in a proactive, efficient and positive way. The site is adjacent to the existing, well established and successful Eastern Road Neighbourhood Centre. The Planning Proposal would result in the expansion of the adjacent neighbourhood centre that is immediately to the south. There would be positive economic benefits for existing and future enterprises, and the centre as a whole. An increased offering of goods and services would have benefits for the local community, including the opportunity to shop close to home in an improved environment. It will also provide a number of jobs, both in the construction and operation phases. These net community benefits are all in line with State Government and Council’s strategic framework. It is well established in NSW case law that economic competition issues between retailers is not a town planning issue. The economic analysis of the Planning Proposal (and its independent Hill PDA review commissioned by Council) has concluded that the change in zoning would not alter the neighbourhood centre’s status in the overall Ku-ring-gai retail hierarchy. The Planning Proposal would not affect the overall viability of the Turramurra Community Hub. While existing retailers in the Eastern Road shops may experience some loss following the Planning Proposal, individual outcomes will depend on how they adapt to this local change. The expanded centre as a whole will be strongly positive as the neighbourhood centre will double its retail offering, and likely double its turnover. The rezoning could potentially result in a much improved neighbourhood centre; including better opportunities for a wider, complimentary range of goods and services; greater pedestrian and cyclist links to the surrounding neighbourhood; as well as the community benefits from the preservation of significant vegetation and enhancement of the existing green space orchard area. The Planning Proposal could also become a catalyst for the provision of civic improvements that have been previously identified by Council and the community. Council’s Development Contributions Plan identifies funds for improvement works to the Eastern Road Neighbourhood Centre. There may also be money available in Council’s capital works program. Additional Development Contribution levies would also be conditioned in future development consents. The need for the facilitation of safe pedestrian movement between the existing Eastern Road Neighbourhood Centre and the Planning Proposal site, and the possibility of a VPA to effect this has been identified by the Ku-ring-gai Local Planning Panel. It is worth exploring this possibility with the proponent.


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The table ahead compares the existing and proposed development standards and controls for the site: KLEP 2015 Zoning, Development Standards and Schedule 1 KLEP 2015 - Existing KLEP 2015 - Proposed Zoning R2 (Low Density Residential) B1 (Neighbourhood Centre), B1 zone

boundary extended across Tennyson Avenue to be consistent with current best practice. See Image 9 for detail.

Floor Space Ratio 0.3:1 0.3:1 Height of Building 9.5metres 9.5 metres Minimum Lot Size 940sqm Removed to be consistent with the

existing B1 zoned Eastern Road Neighbourhood Centre shops

Biodiversity mapping

Part area has biodiversity significance

No change

Schedule 1 Not applicable No change The following points identify the changes that need to be made to the SJB Planning Proposal before it is sent to the DPE for a Gateway Determination, should Council resolve to do so:

1. Continue the B1 Neighbourhood Centre zoning across the roadway of Tennyson Avenue, Turramurra in line with current best practice of covering the roadway with the adjacent zoning;

2. remove the minimum lot size provision from KLEP 2015 to enable lot consolidation and increase options for flexible and innovative future development;

3. make no changes to Schedule 1 i.e. allow all Neighbourhood Centre zone permissible uses and allow the FSR of 0.3:1 to determine 1540 square metres of GFA;

4. acknowledge that the new definitions introduced by the State government in 2018 to the B1 Neighbourhood Centre zone create opportunities for uses such as neighbourhood supermarkets and garden centres;

5. confirm that the concept plans in terms of scale, location on the site and uses are indicative, and by no means final. Further, the indicative development plans, and related plans and documentation, need to have the proposed building footprints changed to conserve EEC vegetation on the site. Some consideration needs to be given to providing a suitable distance of buildings from tree driplines. Documentation such as the urban design statement needs to be updated to reflect this;

6. amendment of the following aspects of the Economic Analysis prepared by Deep End Services:

A. contract the trade area to the north and south (as suggested in Hill PDA report) and

rework the supply and demand assessment; or, leave the trade area as it is (contract slightly to exclude the area south of the railway line) but existing retailers in the PTA must be included in the supply demand forecasting;

B. there was a double counting error in the population growth which needs to be corrected;

C. the expected growth in retail sales per capita needs to be adjusted to less than 1% per annum to be more accurate;


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D. the figures needs to be reviewed to include existing retailers in the PTA in the supply demand modelling, and also to revise likely capture rates following the opening of the Turramurra Community Hub; and

E. the cumulative impacts of both the planning proposal and the Turramurra Hub on existing retail centres needs to be addressed; and

7. Any other editorial or content changes in the SJB Planning Proposal that may arise as a result of the identified changes, or this report.

If Council agrees with the recommendations of this report, and the DPE subsequently issues a favourable Gateway Determination, it will be necessary for a draft DCP to be prepared and processed by Council. This will provide detail, as well as guiding the scale and form of new development, protecting adjacent neighbours and so on. Consideration would need to be given to an improved street presentation, retention of significant vegetation, better integration of the 2 areas currently separated by Tennyson Avenue, safe and efficient circulation for all users, and so on. The local community would be actively engaged to ensure the success of the DCP. Future DA’s would allow opportunity for further community engagement. The rezoning of the site to a B1 Neighbourhood Business zone would uphold the objects of the EPA Act, particularly in relation to promoting the “social and economic welfare of the community” and the “orderly and economic use and development of land” It also reflects Council’s strategic aspirations for the Ku-ring-gai local government area. Importantly, the Planning Proposal represents an opportunity to fulfil one of the DPE’ s primary contemporary retail outcomes i.e. to cluster retail services to provide easy, multi purpose and frequent shopping adjacent to an existing Neighbourhood Centre. The Planning Proposal has been assessed against the Section 3.33 of the Environmental Planning and Assessment Act 1979, and the Department of Planning and Environments A Guide to Preparing Planning Proposals (August 2016). It is considered that there is sufficient merit to enable the Planning Proposal to be submitted to the Department of Planning and Environment for a Gateway Determination. This report recommends that the Planning Proposal be submitted to the Department of Planning and Environment for a Gateway Determination.

RECOMMENDATION:

A. That Council endorses the contents of this report, including the proposed amendments to the SJB Planning Proposal for 45-47 Tennyson Avenue and 105 Eastern Road, Turramurra.

B. That the Planning Proposal for 45-47 Tennyson Avenue and 105 Eastern Road Turramurra

be submitted to the Department of Planning and Environment for a Gateway Determination, subject to the amendments to detailed in this report, and any other resultant editorial changes.

C. That Council requests to be authorised as the local plan-making authority to exercise the

functions under Section 3.36(2) of the Environmental Planning and Assessment Act 1979 for this Planning Proposal.


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D. That, upon receipt of a Gateway Determination, the Planning Proposal be placed on public exhibition in accordance with the requirements of the Gateway Determination and the Environmental Planning and Assessment Act 1979.

E. That a report be brought back to Council at the conclusion of the exhibition period.

F. That Council staff to enter into discussions with the applicant in relation to the need for the

facilitation of safe pedestrian movement between the existing Eastern Road Neighbourhood Centre and the Planning Proposal site.

Lindsey Dey Urban Planner - Specialist

Craige Wyse Team Leader Urban Planning

Antony Fabbro Manager Urban & Heritage Planning

Andrew Watson Director Strategy & Environment

Attachments: A1 Table of Assessment 2019/003024 A2 Internal Referral Responses 2019/003059

A3 Hill PDA Review of Economic Assessment 2019/062477

A4 Planning Proposal Excluded 2019/063563 A5 Attachment 1: Survey Plan prepared by SurDevel Excluded 2019/077189 A6 Attachment 2: Supplementary Planning Statement Excluded 2019/063819 A7 Attachment 3: Pre Planning Proposal Meeting Report

prepared by Ku-ring-gai Council Excluded 2019/063817

A8 Attachment 4: Architectural Plans prepared by Tandem Design Studio

Excluded 2019/077203

A9 Attachment 5: Urban Design Statement prepared by Oculus


A10 Attachment 6: Traffic Report prepared by Colston Budd Rogers & Kafes


A11 Attachment 7: Economic Impact Assessment prepared by Deep End


A12 Attachment 8: Arboricultural Impact Statement prepared by Tree IQ


A13 Attachment 9: Landscape Report prepared by Oculus Excluded 2019/077216 A14 Attachment 10: Ecological Report prepared by GIS

Environmental Consultants Excluded 2019/063804

A15 Attachment 11: Combined Phase 1 & 2 Environmental Site Assessment prepared by Compaction & Soil Testing Services


A16 Attachment 12: Engagement (Community) Report prepared by Straight Talk


Ku-ring-gai Council Page 1

FOR ACTION

ORDINARY MEETING OF COUNCIL – 26/03/2019

TO: Urban Planner - Specialist (Lindsey Dey)

Subject: OMC058 - Planning Proposal for 45-47 Tennyson Avenue and 105 Eastern

Road, Turramurra. Minute Number: 58 Notes: File Reference: S12120 2019/025691

Resolved:

(Moved: Councillors Clarke/Spencer)

A. That Council endorses the contents of this report, including the proposed amendments to the SJB Planning Proposal for 45-47 Tennyson Avenue and 105 Eastern Road, Turramurra.

B. That the Planning Proposal for 45-47 Tennyson Avenue and 105 Eastern Road Turramurra

be submitted to the Department of Planning and Environment for a Gateway Determination, subject to the amendments to detailed in this report, and any other resultant editorial changes.

C. That Council requests to be authorised as the local plan-making authority to exercise the

functions under Section 3.36(2) of the Environmental Planning and Assessment Act 1979 for this Planning Proposal.

D. That, upon receipt of a Gateway Determination, the Planning Proposal be placed on public exhibition in accordance with the requirements of the Gateway Determination and the Environmental Planning and Assessment Act 1979.

E. That a report be brought back to Council at the conclusion of the exhibition period.

F. That Council staff to enter into discussions with the applicant in relation to the need for the

facilitation of safe pedestrian movement between the existing Eastern Road Neighbourhood Centre and the Planning Proposal site.

CARRIED UNANIMOUSLY

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planning proposal for 45-47 tennyson avenue and 105 … · 2020-03-03 · 2. amend schedule 1 of...

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