J r City of Botany · PDF fileof the Botany Bay Local Environmental Plan 2014 This letter serves to confirm the ... 1.0 Intent of Planning ... consider heights over the HOB LEP Map

Yours faithfull

J DOWSETTDIRECTOR — PLANNING & DEVELOPMENTEncl.

Our ref: S14/147 — CMcYour ref: PP 2014 BOTAN 001 00

City of J rBotany Bay

18 August 2014

Mr James MatthewsActing Director, Metropolitan Delivery (CBD)Department of Planning & EnvironmentGPO Box 39SYDNEY NSW 2001

Dear Sir

Planning Proposal relating to Clauses 4.3(2A), 4.4(c), 4.6(8) & 6.16(4)of the Botany Bay Local Environmental Plan 2014

This letter serves to confirm the writers discussions with yourself and Departmental Staff onthe 5 th August last wherein it was again raised that Gateway reconsider their position not toallow the removal from Council's Local Environmental Plan, Clauses 4.3(2A) and 4.4Bthereof.

As noted at the time, the Department was disposed to reconsider its position and allow theabove clauses to be deleted provided that Council was in a position to demonstrate that in theabsence of these clauses, it had the capacity, or it had achieved the specified housing target(of 6,500 dwellings) of the Draft East Subregional Strategy (Dated July 2007).

Therefore in response to the Department's position to review its previous decision made onthe 18 March 2014 (the Gateway Determination) and in respect of the subject matter, theattached submission has been prepared.

As discussed on the 5 August 2014 the Planning Proposal and its adoption by the Departmentis now of a matter of pressing nature and the Department's acknowledgement and earlyconsideration of the attached submission is respectfully sought.

If further discussion is required please contact Council officers Ms Catherine McMahon orMs Phoebe Mikhiel.

Administration Centre, 141 Coward Street, Mascot NSW 2020 (PO Box 331 Mascot NSW 1460)

Telephone: (02) 9366 3666 Facsimile: (02) 9366 3777

E-mail: [email protected] Internet: http://www.botanybay.nsw.gov.au1

cityBotany Bay

Planning Proposal relating to Clauses 4.3(2A), 4.4(c), 4.6(8) & 6.16(4)of the Botany Bay Local Environmental Plan 2014

The following submission is put to the Department to support the deletion of Clauses 4.3(2A)and 4.4B of the Botany Bay LEP 2013:

1.0 Intent of Planning Proposal No. 2/2013 lodged with the Department on 24December 2013

The Planning Proposal seeks to delete Sub-clause (2A) in Clause 4.3 – Height ofBuildings relating to a 22 metre height for sites zoned R3 Medium DensityResidential and R4 High Density Residential; and Delete Clause 4.4B as it relates toexceptions to FSR in the Zone R3 and R4.

The intent of the Planning Proposal is not to stop medium to high density residentialdevelopment on land zoned R3 and R4, nor is the intent to limit the capacity of theBotany Bay LEP 2013 to deliver additional residential development.

Council's intent in requesting the deletion of the bonus clause relating to 22 metres isto allow it to consider a merit based objection to the Height of Building (HOB) Mapstandard. If a height is sought over that height on the HOB LEP Map, an exception tothe development standard will be required under Clause 4.6 of the Botany Bay LEP2013. This provides Council with the flexibility it requires for a site by site analysis.The intent behind the removal of the bonus FSR of 1.65:1 is to preventoverdevelopment of the sites. The maximum FSR permitted on sites over 2000m2zoned R3 or R4 will still be a maximum of 1.5:1 (permitted under Clause 4.4(2A))and this can be varied on a case by case analysis through a Clause 4.6 objection.

What this means is that height and bulk of development can be assessed on a meritbased site by site analysis which will result in development more in keeping with thescale of adjoining development and the proper treatment of the development where itis adjacent to and zoned R2 Low Density Residential. Council can take into accountthe impact of such development, rather than the bonus height and FSR being a givenright by the provisions of the LEP. Council can consider the pre-existing conditions ofa site in assessing the merits of a height of FSR increase.

Medium to high density residential development will still occur within the LGA. ThePlanning Proposal does not seek to reduce the amount of land zoned for medium tohigh density residential development. The planning proposal will not have any impacton the supply of residential land or affordability. The planning proposal will correct

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an issue that has arisen with the bonus provisions for land zoned R3 and R4. As statedabove it will allow Council to consider height over that specified on the HOB Mapand FSR over 1.5:1 on merit issues and Clause 4.6 of the Botany Bay LEP 2013.

Council's previous Development Control Plan No. 35 – Multi Unit Housing &Residential Flat Buildings and Council's current Botany Bay Development ControlPlan 2013 have consistent provisions relating to urban form for the larger sites in theR3 and R4 zones - that that they include two storey townhouses plus attic to the streetedge and higher building located to the rear of the development site.

Since the changes in the legislation relating to development control plans – ie they arenot statutory documents (refer to Section 64BA(1) of the Environmental Planning &Assessment Act 1979) - Council is unable to require low rise at the street andadjoining R2 zoned land. As Council is unable to uphold its DCP provisions for thelarger sites zoned R3 and R4, a planning proposal was proposed that ensures that thestreetscape is considered for these larger sites.

2.0 Housing Targets

The Draft East Subregional Strategy (Dated July 2007) provided for the followingtargets:

• Employment Capacity Target from 2001 to 2031 - 16,700 new jobs• Housing Target from 2004 to 2031 – 6,500 extra dwellings

To support the preparation of the draft Botany Bay LEP 2011 two studies wereprepared under Planning Reform Funding as follows:

• Botany Bay Planning Strategy 2031, March 2009, prepared by SGSEconomics and Planning; and

• LEP Standards and Urban Design Controls Study for the City of Botany BayLEP 2011, dated September 2010, prepared by Neustein Urban.

Copies of the above studies have been previously supplied to the Department ofPlanning & Environment, but are available on the Council's website athttp://www.botanybay.nsvy .gov.au/en/15-counc il-services/city-planning/353 -strategic-a-supporting-studies

In summary the Neustein Urban Study indicated that the City of Botany Bay is able toachieve its dwelling targets. The study forecasts an increased residential dwellingcapacity of 7,460 to 8,242 compared with a target of 6,500 dwellings, with 1,015already constructed.

The Neustein Urban Study provided a summary table of employment and residentialcapacity for each of the study areas (Table 10.1 of the Study). This is reproduced asTable 1 below.

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Table 1 Employment and dwelling capacity of the five study areas (from Table10.1 from the Neustein Urban Study)

Short term 2004-2015sites redevelopedEmployment

(25% of

Residential

Long term 2015-2031of sites redeveloped)Employment

(50%

ResidentialStudy Area Location1(includes MascotStation Precinct)

Land in zone B7 1,036 to 3,315* 0 2,072 to6,630*

0

Land in zone IN 1 797 0 1,594 0Land belowANEF 25

1,320 1,650 2,640 4,950

Land aboveANEF 25

5,310 0 10,620 0

Existingemployment to belost as a result ofredevelopment(to be deductedfrom employmentcapacity)

(1,449) 0 (2,897) 0

Study Area 1total

7,014 to 9,293* 1,650 14,029 to18,587*

4,950

2(Mascot &Eastlakes)

Residential areas 0 354 0 708Botany andGardeners Roads

480 180 960 360

South Botany 124 0 247 0WentworthAvenue

582 0 1,163 0

Study Area 2total

1,186 534 2,370 1,068

3(Botany LocalCentre &surrounds)

Botany centre 320 120 640 240Botany Road 243 91 485 182Study Area 3total

563 211 1,125 422

4(PagewoodNeighbourhoodCentre)

Page andHolloway Ave

0 10 0 21

Study Area 4total

0 10 0 21

5(Hillsdale)

Residential areas 0 172 0 343B4 zone 202 101 403 202B5 zone 100 0 200 0Study Area 5total

302 273 603 545

Dwellings created since 2004 1015 1015Total 9,065 to

11,344*3,693 18,127 to

22,685*8,021

* where there is a mix of industrial and commercial uses employment capacity has been calculated as arange between 1 person per 80m 2 to 1 person per 25m 2 for the total area

Council generally adopted the recommendations of the LEP Standards & UrbanDesign Study. Attachment 1 to this submission contains a copy of Attachment 1 tothe Section 64 Report to the Department of the draft Botany Bay LEP 2011.

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The Department is to note that the bonus clause relating to a FSR of 1.65:1 for R3 andR4 zoned land (Clause 4.4B of the BBLEP 2013) was not a recommendation of theNeustein Study and therefore its deletion will not have an impact on the dwellingnumbers in Table 1.

The height bonus of 22m was a recommendation of the Neustein Urban Studyhowever if the height bonus is deleted as requested by Council, Council can stillconsider heights over the HOB LEP Map on a merit by merit basis through a Clause4.6 Objection to the height development standard. The bonus FSR provision of 1.5:1will still apply to sites with site area of 2000m2 and zoned R3 or R4. If a height issought over that height on the Height of Buildings LEP Map an exception to thedevelopment standard will be required under Clause 4.6 of the Botany Bay LEP 2013.This will allow Council or the Joint Regional Planning Panel to consider a merit basedobjection to the height standard.

Therefore, it is clearly demonstrated that Council will meet its dwelling targets.

3.0 New dwellings completed between 2003/04 to 2012/13

From the information available on the Department's website the total number ofdwellings completed by suburb within the Botany Bay LGA is summarised in Table 2below. A breakdown of the figures is outlined in Attachment 2.

Table 2 - New dwellings completed between 2003/04 to 2012/13 within

Suburb 2003/04 to 2012/13

Banksmeadow 43Botany 418Daceyville 8Eastlakes 16Hillsdale 155Mascot 1560Pagewood 14Rosebery 44Botany Bay Total 2258

As seen above, Council has met 1/3 of the target with another 17 years to achieve thecurrent draft target of 6,500 additional dwelling.

4.0 Current Development

The Department should note that the following areas were not included in the LEPStandards & Urban Design Study but are subject to medium and high residentialredevelopment at present:

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Table 3 – Additional development sites outside the Study Areas of the LEPStandards & Urban Design Study

Precinct/Site Status Additional dwellings

Wilson/Pemberton StreetPrecinct, Botany

Early stages completed;recent stages under

construction and DAsapproved and lodged for

the last stages.

1295

39-43 Rhodes Street, Hillsdale DA lodged 243Meriton site at 130-150Bunnerong Road, Pagewood

DA lodged 2,733

32 Page Street Pagewood DA lodged 262Total 4533

As can be seen from Table 3 above Council will supply approximately an additional4533 dwellings over that indicated in the Neustein Urban Study over the next 5 to 10Years – this is on top of the redevelopment that is underway within Mascot StationPrecinct (included as part of Area 1 in Table 1 above). The additional supply of 4533dwellings does not include shop top housing in the Local and Neighbourhood Centresof the LGA and other infill sites within the LGA.

The Mascot Town Centre Precinct was included in Area 1 under the NeusteinUrban Study. Since it's rezoning in 2003 to a residential zone, the eastern part of theMascot Station Precinct has been redeveloped to an extent there are only about 3 sitesleft for residential redevelopment.

Since the gazettal of the Botany Bay LEP 2013 in June 2013 redevelopment withinthe western part of the Mascot Station Precinct is underway with sites having eitherredevelopment already approved and under construction or have DAs lodged withCouncil. Table 4 details the sites within the western part of the Mascot StationPrecinct:

Table 4 – Sites under redevelopment within the Mascot Station Precinct

Precinct/Site Status Additional dwellings

39 Kent Road, Mascot Approved and underconstruction

167

19-33 Kent Road, Mascot Approved and underconstruction

985

671-683 Gardeners Road,Mascot

Approved 242

246-250 Coward Street,Mascot

DA lodged 88

256-280 Coward Street,Mascot

DA Lodged 542

6

CiaSSSifieRs_R-

4 / / 1 / f-ZA

Al‘71E11"1-!Ll.

- Miles Street, Mascot

It is clear from the figures in Tables 3 and 4 that medium and high residentialdevelopment has not been stifled within the LGA. The Botany Bay LEP 2013 will meetthe Draft East Subregional Strategy housing target of 6,500 extra dwellings between2004 and 2031; and will also deliver an additional 5,300 dwellings above that figure inTable 1 prepared by Neustein Urban. Most of this redevelopment is close to transportnodes such as the Mascot Train Station and the bus interchange at EastgardensWestfields.

The deletion of Clauses 4.3(2A) and 4.4B will not affect the achievement of theexisting target of 6,500 dwellings nor the attainment of higher residential growth withinBotany Bay LGA. What the deletion will achieve is best practise outcomes for areas ofredevelopment as applications would be assessed on a merit by merit case. As statedabove the bonus FSR provision of 1.5:1 will still apply to sites with a site area over2000m2 and zoned R3 or R4. The height of the development can still be increased overthe height on the HOB LEP Map but it will be subject to merit based assessment andthe provision of a Clause 4.6 Objection. Council can then ensure that the impact ofheight is addressed in terms of residential amenity and public domain in the streetswhere there is an R2/R3 or R2/R4 interface. It will provide Council with the flexibilityit requires for a site by site analysis.

5.0 Sites affected by the deletion of Clauses 4.3(2A) and 4.4B of the Botany Bay LEP2013

As advised by Council officers at the meeting held on 5 August 2014 there are only afew sites left that are zoned R3 or R4 that can utilise Clauses 4.3(2A) and 4.4B in theirredevelopment. These sites have been identified as follows:

5.1 Miles Street Precinct (refer to Figure 1 below)

The land is zoned R3, however allotments are small and have a land area from 351m2to 570m2. Land value is high which the following sales indicate:

• 38 Miles Street - $760,000 sold on 27/05/2012• 44 Miles Street - $627,000 sold on 16/06/2008

7

TUFF-, r r74,4i T Ti 7,DP813088

/4 httl

1-1-4.---L_LIILLI1

.1

'

I' 1 /,!r4.0A

/ "7171-5:r!`r1 . ,! ! !

King Street sites

1,1 r . I lo

Figure 3 Sites in Tunbridge, Middlerniss and KingS

Given the allotment size constraints and the narrow width of Miles Street, Council iscurrently investigating downzoning the Precinct to R2 — Low Density Residential.

5.2 Sites in King Street, Mascot (Figure 2)

These sites are zoned R3. There are only 4 allotments left for redevelopment — 217A to215 King Street which are individually owned. They have a combined total site area of2,622m2.

Surrounding development is townhouses on the northern side of King Street (2 storeysplus attic) and the southern side of King Street contains single dwellings which are allzoned R2. A height of 22 metres is inappropriate in this context and the sites would besuited to a townhouse style of development which still goes towards achieving theadditional dwelling numbers.

5.3 Sites in Tunbridge, Middlemiss and King Streets, Mascot (refer to Figure 3)

The sites front Tunbridge, Middlemiss and King Streets. The majority of the sitesfronting the street contain houses which are all individually owned. The large R3 zonedsites behind the street fronted allotments contain strata residential flat buildings. Theland is zoned R3.

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(C.

n-C1

Figure 4 - Bay Street, Botany

There are 3 possible 2000m2 sites within this precinct – however lot consolidation willneed to occur. Average sale price of the dwelling site is $800,000.

Given the interface with the R2 Low Density Residential Zoned land to the north andeast, townhouse development would be a more sympathetic development outcome.

5.4 Bay Street, Botany

Only two sites are left within this precinct:• No. 96A Bay Street – area of 4111m2; and• 90-92 Bay Street are of 2739m2.

The other sites zoned R3 contain a residential flat development or have approval forone. The sites are highlighted in Figure 4 below.

6.0 Other land zoned R3 and R4 under the Botany Bay LEP 2013

The sites in Section 5 of this letter do not include those sites owned by the NSW Landand Housing Corporation, nor Sydney Water Corporation. Council is required to meetwith the NSW Land and Housing Corporation separately as a requirement of thegazettal of the Botany Bay LEP 2013.

Other sites zoned R3 or R4 are either developed and strata titled for residential unitdevelopment, have existing approvals, or the land area, even if consolidation isattempted, results in an area less than 2000m2.

7.0 Conclusion

In summary it is advised:

• The Planning Proposal to delete Clauses 4.3(2A) and 4.4B will not stifleresidential development.

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• The Neustein Urban Study (2010) forecasted an increased residential dwellingcapacity of 7,460 to 8,242 dwellings (between 2004 to 2031) with 1,015 alreadyconstructed at the time of preparation of the Study.

• The number of new dwellings completed between 2003/04 to 2012/13 is 2258.• A total of 4533 dwellings can be supplied by Council in the next 10 years from

sites that were not included in the Neustein Urban Study and therefore areadditional to the increased residential dwelling capacity of 7,460 to 8,242dwellings forecasted by Neustein Urban in 2010.

• There are currently 1152 dwellings under construction within the newly rezonedwestern section of the Mascot Station Precinct with an additional 870 dwellingsapproved or have a DA lodged

• There are limited sites zoned R3 or R4 with a consolidated site area of 2000m2left redevelopment.

Therefore, in light of the above, the Department is requested to reconsider its position andallow the above clauses to be deleted as Council has clearly demonstrated that in the absenceof these clauses, it has the capacity to achieve the specified housing target (of 6,500dwellings) of the Draft East Subregional Strategy (Dated July 2007).

G: (Archive FileslArch_20141Strategic Planning\Planning Proposals\Planning Proposal No.2(2013) - Deletion of Clause4.3(2A) and 4.413IS13_147 - Letter re targets_draft 2.docx

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Attachment 1 to Section 64 Report

-,0City •„Botany Bay

Attachment 1

Reasons for Variations between the LEP Standards and Urban Design Controls Study prepared byNeustein Urban, September 2010 and the Draft Botany Bay LEP 2011

Recommendation in Neustein Urban Study Draft Botany Bay LEP 2011 Reason for variationNU Stud

Area 1— Mascot Station Precinct & Sydney Airport Surrounds(Area bounded by Gardeners Road, Alexandra Canal, Qantas Drive and the area in the vicinity ono O'Riordan Street.)

• The block bounded by Gardeners Road,Kent Road, Coward Street and the Canalbe zoned B7 — Business Park with an FSRof 3:1 and a building height of 44 metres(12 storeys).

Zoning: No Change. The Draft LEP zones the N/Aland in accordance with the NU Study.

FSR: No Change. N/A

Height: No Change. N/A

• The block bounded by Gardeners Road,Kent Road, Coward Street and O'RiordanStreet be zoned B4 — Mixed Uses with anFSR of 3:1 and a building height of 44metres (12 storeys).

Zoning: Instead of a B4 Mixed Use zone a B2 —Local Centre zone is proposed over the blockbounded by Coward, Bourke (and land frontingpart of Coward and John Streets), Church Avenueand Kent Road.

As noted the draft LEP does not align with therecommendations from NU Study with respect tozoning. However it does align with the draft EastSubregional strategy that nominates MascotStation as a future town centre.

FSR: No Change. N/A

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Recommendation in Neustein Urban Study(NU Study)

Draft Botany Bay LEP 2011 Reason for variation


• The block containing the Qantas Zoning: Instead of a B3 zone, a B5 Business The zoning was changed from B3 to B5 Businesscommercial buildings along southern side Development zone is proposed over the land. Development as the B3 Commercial Core zoningof Coward Street and the block bounded permits retail premises — shops etc. A B3 zoningby O'Riordan Street, Coward Street and would compete with the proposed local centreBourke Street, and down along O'Riordan planned in the Mascot Station Precinct to the northStreet to King Street be zoned 133 — as well as the commercial shopping strip alongCommercial Core with an FSR 3:1 and Botany Road. Furthermore a B5 Businessheight 44 metres (12 storeys). Development zoning will promote commercial

activities and motel accommodation related to theairport.

FSR: No Change. N/A

Height: No Change for land bounded by Coward The building height change is due to the R2 lowStreet and Bourke Street on the western side of density residential adjoining the eastern side ofO'Riordan Street. O'Riordan Street and the proposed B5 zone. It isHowever the eastern side of O'Riordan from considered that a 6 storey building heightCoward Street down to King Street a building adjoining a low density (3 storey) residential areaheight of 22 metres (6 storeys) is proposed over is more appropriate than a 12 storey buildingthe land. height.

• The rest of the land south of Coward Zoning: No Change. The Draft LEP zones the N/AStreet and to the west of the B3 zone to land in accordance with the NU Study.IN 1 — Industrial with an FSR of 1.2:1 anda building height of 44 metres (12storeys).

FSR: No change. N/A

Height: No change. N/A

2



• The land along Gardeners Road and alongeastern side of O'Riordan Street (1allotment deep) down to Coward Street toa B6 Enterprise zone with an FSR of 2.5:1and a building height of 22 metres (6storeys).

Zoning: A B4 Mixed Use zone (instead of aB6 zone) is proposed over 200 Coward Street(corner O'Riordan/Coward Streets) as well asthe Graphic Arts Club and the Greek Church.

The Department is to note that the MascotStation Precinct Study will also include landbounded by Miles Street, Botany Road,Gardeners Road and O'Riordan Street. Therecommendation from the Study may result ina change of zoning in this area.

Council has received representations from theowners of 200 Coward Street, Mascot. A B4Mixed Use Zone is more suitable than the B6given the adjoining low-density residentialdevelopment to the north and east.

FSR: No change. FSR of 2.5:1 is in accordancewith the NU Study for the proposed new B4 zone.

N/A

Height: 200 Coward Street and the lots directlyopposite (north) facing Carinya Avenue will havea building height of 6 storeys consistent with theNU Study.

However Graphic Arts Club and Greek Church hasa proposed building height of 10 metres. Also theremaining B4 zone (north of 200 Coward Street)fronting O'Riordan Street up to and including thelots fronting Gardeners Road have a proposedbuilding height of 14 metres (4 storeys).

The change in building height is designed to bemore compatible with the adjoining low densityresidential development to the east along CarinyaAvenue, Hughes Avenue and Miles Street.


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Reason for variation

Robey Street will provide a barrier between the B5Business Development Zone to the south and thelow-density residential zone to the north. Theextension of the B2 Local Centre zone alongRobey Street to the entrance to John CurtainReserve will reinforce the role of the Mascot stripshopping area and encourage passive surveillanceof the reserve.



• The remainder of the land south alongO'Riordan Street to the Airport, andincluding land along Robey Street (bothsides) and south to Joyce Drive to B5Business Development with an FSR of 3:1and a building height of 44 metres (12storeys).

Draft Botany Bay LEP 2011

Zoning: R2 Low Density Residential zoning overthe established residential development in RobeyStreet & Baxter Road and a B5 BusinessDevelopment zoning over the reminder of the land.

There is the extension of the Mascot Shoppingarea along the northern side of Robey Street — westof Botany Road. This was considered by theCouncil on 13 April 2011.

FSR: The B5 zone will have an FSR of 3:1consistent with the NU Study.However the area adjoining Botany Roadproposed, as a B2 zone will have an FSR of 2.5:1.

Height: The B5 zone will have a building heightof 44 metres consistent with the NU Study.However the proposed B2 zone will have abuilding height of 14 metres (4 storeys).

The change is FSR for the B2 zone frontingBotany Road is proposed to be consistent with theB2 zone extending along Botany Road.

The change is building height for the B2 zonefronting Botany Road is proposed to be consistentwith the B2 zone extending along Botany Roadand is also more in keeping with the low densityresidential behind.

Area 2 —Mascot/Robey and Eastlakes(Area generally bounded by Gardeners Road and Southern Drive and the area in the vicinity, of'to Botany Road and includes: land in the proximity of

iCoward Street, up to Gardeners Road: Botany Road in Ross" and Mascot; land bounded by Botany Road, WentworthAvenue_ Botany Lane andHollingshed Street; land along Gardeners Road between Maloney Street & Sutherland Street: land at the corner of Maloney Street and King Street: land alongWentworth Avenue. between Southern Cross Drive & Bronti Street: and the Eastlakes Shopping Centre.)

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Zoning: The Draft LEP generally zones the landin accordance with the NU Study. The section notsupported for B2 Local Centre/B4 Mixed Usezoning is that fronting Gardeners Road betweenSutherland Street and the Manhattan Superbowl. AR2 zone is proposed.

There are a number of heritage items within thissection of Gardeners Road, with the majority ofthe items being dwellings. Furthermore the lotsizes are small (175m2 in area) and redevelopmentis unlikely.

• B2 Local Centre or a B4 Mixed Usezoning to all lots fronting Gardeners andBotany Roads with an FSR of 2.5:1 and abuilding height 22 metres (6 storeys).

FSR: The area proposed for low densityresidential for land fronting Gardeners Roadbetween Sutherland Street and the ManhattanSuperbowl a low density FSR is proposed basedupon the small lot sizes.

Due to the heritage items and the small lot sizesalong Gardeners Road a 2.5:1 FSR density wouldnot be supported.

Height: The areas identified for the B2 and 134zones are proposed to have a building height of 14metres (4 storeys) and the low density residentialfronting Gardeners Road to have an 11 metreheight limit.

The existing residential development alongGardeners Road is consistent with the heritageterrace style buildings style within the street.Therefore the building height limit of 11 metreshas been proposed to maintain the character of thearea.

The 14 metre height limit for the 132 is consistentwith the other traditional B2 zones within the LGA(Mascot & Botany Town Centres). The 6 storeysproposed along Gardeners Road would createovershadowing issues for the R2 low densityresidential zone located directly to the south of theB4 mixed use centre and the additional heightwould detract from the heritage items located onGardeners Road within the Rosebery ShoppingStrip.


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Zoning: The draft LEP generally zones the areaR2 Low Density Residential with an R3 MediumDensity Residential zoning over existingallotments that contain medium density residentialdevelopment.

FSR: Council is proposing an FSR control basedupon allotment sizes that vary throughout theseresidential areas behind Botany Road. Howeverthe existing R3 Medium Density residential areaswill have a set FSR of 0.85:1.

Amalgamation is not economically viable. Councilofficers have identified areas where the 6mallotments would provide a better urban designoutcome.

Due to the changing character and varyingallotment sizes a set FSR for the R2 zone wouldnot address the changing nature of the area and0.9:1 may present overdevelopment on site whereCouncil has previously identified constraintsincluding overshadowing.

• R2 Low Density Residential or R3Medium Density Residential zoning in theresidential areas behind Botany Road. R3Medium Density Residential to allow siteamalgamation of lots for the developmentof residential flat buildings or R2 LowDensity Residential if only subdivision ispermitted (6m wide allotments). The FSRidentified for these areas is 0.9:1 with abuilding height of 10 metres (3 storeys).

Height: In the areas were Council is seeking topromote subdivision to 6 metre wide allotmentswith terrace style development the height is 11metres. Within the remaining R2 low density areasthe height is restricted to 9 metres. The existing R3areas have a consistent 12 metre height limit.

Council is seeking to promote through subdivisiondifferent styles of housing choice. A standardbuilding height for R2 & R3 areas would not beappropriate as there is a distinct height differencecurrently between the existing R3 areas and R2low density residential. By highlighting differentareas for housing styles greater housingopportunities are promoted in close proximity tothe Mascot Town Centre and Mascot StationPrecinct.

Zoning: No Change. The Draft LEP zones theland in accordance with the NU Study.

FSR: Due to the zoning being a B1Neighbourhood Centre surrounded by low densityresidential a FSR of 1.5:1 is proposed.

N/A

The reduced FSR will promote development in thecentre without detracting from the surrounding lowdensity residential.

• B1 Neighbourhood zone at the corner ofKing and Maloney Street with an FSR of2.5:1 and a building height of 14 metres (4storeys).

Attachment l to Section 64 Report

6




Height: No Change. The Draft LEP zones the landin accordance with the NU Study.

N/A

• B2 Local Centre zoning over the Eastlakes Zoning: No Change. The Draft LEP zones the N/A

Shopping Centre with an FSR of 1.5:1 anda height of 22 metres (6 storeys).

land in accordance with the NU Study.

FSR: No Change. The Draft LEP zones the land inaccordance with the NU Study.

N/A

Height: The proposed height limit is 14 metres (4 The centre is identified for redevelopment and as astoreys), which is consistent with the height of the result a planning proposal will be required toexisting centre. address the main issues being traffic. It is therefore

Council's recommendation not to increase thedensity of the centre until the traffic issues havebeen resolved as part of a comprehensive planningproposal.

• B5 Business Development zoning over the Zoning: B4 Mixed Use Zone Council at its meeting held 13 April 2011 adoptedblock bounded by Hollingshed Street,Botany land, Wentworth Avenue &

a report which provided options for this land.Council adopted the B4 Mixed Use Zone.

Botany Road with an FSR of 1.5:1 and abuilding height of 22 metres (6 storeys) FSR: The Draft LEP proposes an FSR of 2:1. This FSR is consistent with the density of

development currently within this B4 zone. Thiswill also promote sites that have not beendeveloped an incentive to do so.

Height: The Draft LEP has proposed a building This is due to the location of the B4 zone directlyheight of 14 metres (4 storeys). under the aircraft flight path restricting building

heights in this area.

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Draft Botany Bay LEP 2011

Zoning: The Draft LEP zones the land inaccordance with the Doffs advice on the pre--Section 64 Report. Land fronting WentworthAvenue between the existing industrial areafronting Bronti Street (which will be zoned B5) tothe west of the Flower Power site will be zoned R2Low Density Residential.

Reason for variation

This is generally low-density residential land andthere have been DAs approved for improvementsto dwellings over recent years. Dransfield Avenueruns through this row of dwellings, which is awholly residential street.



• B7 zone over land fronting WentworthAvenue, and including the Flower Powersite with an FSR of 1.5:1 and a buildingheight of 14 metres (4 storeys). .

FSR: The Draft LEP proposes an FSR of 1:1.

Height: The Draft LEP proposes a building heightof 10 metres.

Due to the low density residential surrounding theB7 area and the location of the airport flight paththe density of development is restricted.

This area is directly under the flight path for theSydney Kingsford Smith Airport and thereforerestricts building height.

any an Banksmeadow . (Are,as composed of the suburbs of Botany and Banksmeadow. The Study addressed only, °Bowing areas: land Bay, McFall, Erith, Underwood andChegwyn Streets; land along Botany Road. Botany (the Botany shops); land along Botany Road, Banksmeadow (the Banksmeadow shops); land atSw inbourne Street; and land bounded by Botany Road, Wilson Street, Herford Street and Stephen Road.)

N/A• B1 Neighbourhood Centre zone over landfronting Swinbourne Street with an FSRof 1.5:1 and a building height of 10 metres(3 storeys).

Zoning: No Change. The Draft LEP zones theland in accordance with the NU Study.

FSR: No Change. N/A


8




• B2 Local Centre Zone from Daphne Zoning: The Draft LEP partly zones the land in The change in zoning boundary reflects the

Street, along Botany Road and down to accordance with the NU Study — there is a minor existing zoning boundary of the 3(a) zone under

nearly Hastings Street. The B2 zone is change in the zoning boundary at Hale the Botany LEP 1995 on the western side of

identified with an FSR of 2.5:1 and a StreetlHasting Street. The draft LEP proposes a B2 Botany Road and the existing uses on the eastern

building height of 14 metres (4 storeys). Local Centre zoning fronting Botany Road to Hale side of Botany Road.

The B5 zone fronting Botany Road is Street/Hastings Street and not a B5 Business

identified as having an FSR of 1.5:1 and abuilding height of 14 metres.

Development zone as proposed by the NU Study.

FSR: The Draft LEP is consistent for the B2 zone The change is consistent with the FSR proposed inwith an FSR of 2.5:1 including the area of changefrom B5 to B2.

the existing traditional B2 zones.

Height: The Draft LEP is consistent for the B2 The change is consistent with the building heightzone with a building height of 14 metres includingthe area of change from B5 to B2.

proposed in the existing traditional B2 zones.

• A B5 Business Development Zone to the Zoning: The Draft LEP now proposes a B7 zone A B7 zone is now proposed as the B7 zone

west of the Botany Shops with an FSR of over this area. provides for a range of office and light industrial

1.5:1 and a building height of 14 metres (4 uses and uses in the arts, technology, production

storeys). and design sectors. This area of Botany consists ofa mixture of residential dwellings (a majority ofwhich are heritage listed) and industrial uses. Thearea is unsuitable for residential developmentgiven the surrounding uses and the ANEF Contourthat the area is located within. A B7 zone is moreappropriate and would provide an incentive for achange of use from the residential to non residential uses.

FSR: No Change. N/A

9



Height: The Draft LEP proposes a building heightof 12 metres.

This height is consistent with the other B7 zoneswithin the Botany locality and takes into account anumber of heritage dwellings located in BayStreet.

• B2 Local centre zone over land frontingBotany Road, between Pemberton Streetto Stephen Road, Banksmcadow – theBanksmeadow Shops. The FSR proposedis 2.5:1 with a building height of 14metres (4 storeys).

Zoning: The Draft LEP zones the block boundedby Stephen Road, Botany Road, Herford Street &Wilson Street is proposed as a R2 – Low-densityresidential zone in the Draft LEP. The Departmentof Housing have a residential land holding at thecorner of Botany Road & Stephen Road and haverequested a low density zoning.

Also there has been new residential developmentcarried out within this block over the last 10 yearsso it character is a low-density residential area.

The land between Pemberton Street and WilsonStreet fronting Botany Road and land on thesouthern side of Botany Road between the Hoteland Fremlin Street is proposed a B1Neighbourhood Centre Zone.

The B1 zoning of the Banksmeadow shops wassuggested by the Department in an email dated 9February 2011 (Richard Roper).

FSR: The Draft LEP applies the 2.5:1 FSR to theB2 zone however the land zoned low densityresidential will have an FSR which is consistentwith the surrounding low density FSR.

The low density residential character is maintainedfor the land zoned R2 fronting Botany Road.

Height: the Draft LEP applies a building height of8.5 metres to the land zoned R2. However the landzoned B2 local centre is consistent with the NUStudy 14 metres (4 storeys).

The reduced building height reflects the lowdensity residential zoning.

Area 4: Pagewood a

(The Study only addressed the and at Holloway Street and Dailey Avenue: and4

een Holloway Street ntwo4PlY


1 0




• A B1 Neighbourhood Centre zone over the Zoning: No Change. The Draft LEP zones the N/APagewood Shops with an FSR of 2.5:1 anda building height of 14 metres (4 storeys).


FSR: The Draft LEP proposes an FSR of 1.5:1 for The reduced FSR present a consistent density forthe B1 Neighbourhood Centre. the B1 Neighbourhood Centres within the LGA.


• A R3 Medium Density Zone over the Zoning: The Draft LEP proposes a R2 – Low- This zone reflects the existing low-density use andblock to the north of the Pagewood Shops density residential zone. reflects the Council's policy considerations.– Dailey Avenue, Page Street &Wentworth Avenue with an FSR of 0.9:1 FSR: The Draft LEP proposes an FSR of 0.55:1 This reflects the low density residential usesand a building height of 10 metres (3 since the medium density zoning has been surrounding the centre.storeys). amended to an R2 low density zone.

Height: No Change. This height aims to provide different housingchoice and opportunities with the low-densityresidential zone.

Area 5`- Hillsdale:(The Study addressed the area of Hillsdale bounded by Denison Street. Beauchamp Road. Bunn rang Road, and Wentworth Avenue.)

• R2 Low Density Residential or R3 Zoning: The draft LEP generally zones the area Amalgamation is not economically viable. CouncilMedium Density Residential zoning in the R2 Low Density Residential with an R3 Medium officers have identified areas where the 6mresidential areas north of Flint Street. R3 Density Residential zoning over existing allotments would provide a better urban designMedium Density Residential to allow site allotments that contain medium density residential outcome.amalgamation of lots for the development development.

11




of residential flat buildings or R2 Low FSR: Within the R2 zone where the allotments are The FSR proposed are based upon the character ofDensity Residential if only subdivision is of a similar size being 350sqm-450sqm an FSR of the area and allotment size.permitted (6m wide allotments). The FSR 0.55:1 is proposed.proposed is 0.9:1 with a building height of Where the R2 allotments have a similar size of10 metres (3 storeys). 200sqm-250sqm an FSR of 0.65:1 is proposed

fronting Boonah Land and Bunnerong Road.The land zoned R3 is proposed for an FSR of0.85:1.

Height: The R3 zoned land has a building height The building height proposed reflects the lowof 10 metres and the R2 zoned land has amaximum height of 8.5 metres.

density character of the area.

• Expansion of the B2 Local Centre – Local Zoning: No Change. The Draft LEP zones the N/ACentre Zone over the Hillsdale Shopping land in accordance with the NU Study.Centre along the southern side of FlintStreet to the shopping centre driveway. FSR: The Draft LEP proposes an FSR of 2.5:1. This FSR is designed to ensure that any additionsThe FSR proposed is 3:1 with a building to the centre do not create conflict withheight of 44 metres (12 storeys). surrounding residential development.

Height: The Draft LEP proposes a building height This height is to ensure that any additionalof 14 metres (4 storeys). residential development proposed on the site does

not exceed 4 storeys, as it would be located inclose proximity to surrounding residentialdevelopment creating the potential ofovershadowing and privacy impacts.

• R3 Medium Density Residential zone over Zoning: No Change. The Draft LEP zones the N/Athe existing residential flat buildings westof Denison Street between Flint and


Rhodes Street Reserve. The FSR proposed FSR: The Draft LEP proposes an FSR of 1:1 The 1:1 FSR is similar to 0.9:1 and provides ais 0.9:1 with a building height of 10 better presentation of FSR to the community.

12




metres (3 storeys). Height: The Draft LEP proposes a building height The 12 metre height limit is consistent with someof 12 metres. medium density buildings where the ground floors

are dominated by garages. The 12 metre limitprovides an incentive to other sites to improve theexisting building with the potential for anadditional storey.

• A B5 Business Development zoning over Zoning: A R2 – Low-density zone is proposed in This area is now established low-density

the residential allotments fronting Denison the draft LEP. residential area and there have been a number ofStreet with an FSR of 1.5:1 and a buildingheight of 14 metres (4 storeys).

improvements to the existing housing stock.

FSR: To be consistent with the R2 zoning an FSRof 0.55:1 is proposed.

This is to support the low density residential area.

Height: The building height is 8.5 metres which isconsistent with the R2 zone.

This is to support the low density residential area.

• A B4 Mixed Use zoning over land Zoning: A B5 Business Development and R2 Low The changes are the result of an amendment to thefronting southern side of Smith Street and Density Residential zoning are proposed along Three Ports SEPP and the Botany LEP 1995 as aalong the western side of Rhodes Street. Smith Street between Denison and Rhodes Streets. result of the Bunning's zoning approval and aThe FSR proposed is 1.5:1 with a building The western side of Rhodes Street is proposed to study of existing landuses, and physicalheight of 14 metres (4 storcys). be a R2 Low Density Residential zone (over

existing dwellings), a B7 zone over the industrialdevelopment, a B4 Mixed Use zone over the

characteristics of the land.

Hillsdale Bowling Club

FSR: To be consistent with the zoning changes the The FSR's proposed are to be consistent with thefollowing FSR changes are proposed: zoning changes and the character of the locality.B5 – 1:1R2 – 0.55:1B7- 0.85:1

13




Height: To be consistent with the zoning changes The building heights proposed are to be consistentthe following building height changes are with the zoning changes and the character of theproposed: locality.B5 – 19.0 metres consistent with amendment tothe Botany LEP 1995 for the Bunnings zoning.R2 – 8.5 metresB7- 12 metres

• A B5 Business Development zoning over Zoning: The Draft LEP proposes a R3 Medium Council has been approached by the owners ofNo. 39 Rhodes Street, adjacent to the Density Residential zone over No. 39 Rhodes No.39 Rhodes Street with a proposal forSydney Water Reserve running between Street, Hillsdale. residential development which will support theRhodes & Denison Streets. NSW residential housing targets.

FSR: The Draft LEP proposes an FSR of 1:1. The FSR proposed is consistent with theresidential zoning.

Height: The Draft LEP proposes a building height The building height proposed is consistent with theof 12 metres. residential zoning.

14

Attachment 2 — Extract from Sydney Region Dwelling Completion by suburb (2003/04 to 2012/13)1

Sydney Region Dwelling Completion by suburb (2003/04 to 2012/13)

LGA Suburb1 ABS1 SSC1 CODE

.. 'i03/04 I 04/05 I 05/06 I 06/07 1

.••' : .••07/08 03/04-07/08 08/09

.•i09/10 I 10/11 11/12 i 12/13 08/09 - 12/13

1 Banksmeadow 1 10101 0 1 0 i.

0 1 43 i 343 0 1 0 14.- 0 : 0

i Botany I 10303 3 1 161 i 60 I 6 1 123 53 1 ' 15 1 0 24 I 25 65I Daceyville 1 10675 I 0 ' 1 0 8 0 0 I 0 i 0 I 0 0I Eastlakes I 10786 0 1 1 0 ' 2 1 4 1 0 I 6 3 1 2 12

Botany Bay 1 Hillsdale 1 11112 0 I 0 I 116 25 I 0 141 3 i 0 1 0 8 I 3 141 Mascot I 11487 -1--1 1. 155 i 220 18 I 64 458 387 157 [ 200 3 I 355 1,102i Pagewood I 11831 0 0 1 0 1 2 12 0 1 0 oi 0 12

Rosebery I 11994 u i 0 7 16 I 7 30 0 . 0 I 3 1 3 14Botany Bay Total 1 4 1 317 1 412 I 110 1. 196 1,039 404

;180 1 206 1 41 I 388 1,219

http://www.planning.nsw.gov.au/en-uvoeilvermgnomespousingaeiiveryoverview/metropontanaeveopmentprogrammousingoatatorsyaney.aspx1

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Documents

J r City of Botany · PDF fileof the Botany Bay Local Environmental Plan 2014 This letter serves to confirm the ... 1.0 Intent of Planning ... consider heights over the HOB LEP Map