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1 PLANNING PROPOSAL To Amend Ku-ring-gai Local Environmental Plan 2015 to permit rezoning to B1 Neighbourhood Centre at 45-47 Tennyson Avenue and 105 Eastern Road, Turramurra August 2015

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Page 1: PLANNING PROPOSAL To Amend Ku-ring-gai Local ......1 PLANNING PROPOSAL To Amend Ku-ring-gai Local Environmental Plan 2015 to permit rezoning to B1 Neighbourhood Centre at 45-47 Tennyson

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PLANNING PROPOSAL

To Amend Ku-ring-gai Local Environmental Plan 2015 to permit rezoning to B1 Neighbourhood Centre at 45-47 Tennyson Avenue and 105 Eastern Road, Turramurra

August 2015

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Contents

INTRODUCTION ............................................................................................................................ 3

PART 1 – OBJECTIVE AND INTENDED OUTCOMES .................................................................. 9

PART 2 – EXPLANATION OF PROVISIONS ............................................................................... 11

PART 3 - JUSTIFICATION ........................................................................................................... 12

A. Need for the planning proposal ................................................................................... 12

B. Relationship to strategic planning framework.............................................................. 14

C. Environmental, social and economic impact ............................................................... 22

D. State and Commonwealth interests ............................................................................ 27

PART 4 - MAPPING ..................................................................................................................... 28

PART 5 – COMMUNITY CONSULTATION .................................................................................. 30

PART 6 – PROJECT TIMELINE ................................................................................................... 31

APPENDIX A – Checklist of Consistency with Section 117 Directions and SEPPs

APPENDIX B – Site Development Plans prepared by Donaldson Worrad Architects Pty Ltd

dated 7 August 2015

APPENDIX C – Photomontages prepared by Donaldson Worrad Architects Pty Ltd

APPENDIX D – Urban Design Statement prepared by Donaldson Worrad Architects Pty Ltd APPENDIX E – Retail Impact Assessment prepared by Deep End Services Pty Ltd dated August

2015

APPENDIX F – Traffic Report prepared by Colston Budd Hunt and Kafes Pty Ltd dated August

2015

APPENDIX G – Assessment of Flora Constraints and Assessment of Significance dated August

2015 prepared by Anne Clements and Associates Pty Ltd

APPENDIX H – Stormwater Management Report prepared by Acor Consultants dated 21 July

2015

APPENDIX I – Phase 1 Environmental Site Assessment Report for 105 Eastern Road Turramurra

prepared by Geo Logix Pty Ltd dated July 2015

APPENDIX J – Phase 1 Environmental Site Assessment Report for 45-47 Tennyson Avenue

Turramurra prepared by Geo Logix Pty Ltd dated March 2015

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INTRODUCTION

This Planning Proposal to Ku-ring-gai Council supports a request by Milestone (AUST) Pty Limited

(Milestone) to initiate an amendment to the Ku-ring-gai Local Environmental Plan 2015 (LEP 2015)

to rezone the site at 45-47 Tennyson Avenue and 105 Eastern Road, Turramurra (Lot 1 DP

515147, Lot 2 DP 515147 and Lot 1 DP 4323) (the subject site) for the development of an ALDI

Store and two specialty shops with vehicular access from Eastern Road. The subject site is

currently zoned R2 Low Density Residential under the LEP 2015 and rezoning to B1

Neighbourhood Centre is required to facilitate the proposed development. Revision to the

allowable Gross Floor Area provisions for shops in the B1 Neighbourhood Centre zone under the

LEP 2015 is also proposed.

This Planning Proposal has been prepared with regard to the relevant Department of Planning

Guidelines including ‘A Guide to Preparing Planning Proposals’ and ‘A Guide to Preparing Local

Environmental Plans’ and in accordance with Section 55(1) of the Environmental Planning and

Assessment Act 1979 (the EP&A Act). This Planning Proposal details the objectives of the

proposed LEP amendment and explains the proposed LEP provisions and provides the

background to, and justification for, the proposed development. This Planning Proposal also

includes an analysis of the subject site, the rezoning and development proposal, in the context of

the State and local planning policy and instruments and other relevant ‘gateway’ matters including

integration with existing retail centres, land uses and infrastructure, environmental matters and

community consultation.

This Planning Proposal has been prepared with reference to the following plans and supporting

reports:

Checklist of Consistency with Section 117 Directions and State Environmental Planning Policies

(Appendix A);

Site Development Plans prepared by Donaldson Worrad Architects Pty Ltd (Appendix B)

including:

Site Plan, Drawing Number RS-01 (A), dated 7 August 2015;

Ground Floor Plan, Drawing Number RS-02 (A), dated 7 August 2015; and

Rooftop Car Park, Drawing Number RS-03 (A), dated 7 August 2015.

Photomontages of the Proposed Development prepared by Donaldson Worrad Architects Pty

Ltd (Appendix C);

Retail Impact Assessment prepared by Deep End Services Pty Ltd dated August 2015

(Appendix D);

Urban Design Statement prepared by Donaldson Worrad Architects Pty Ltd dated August 2015

(Appendix E);

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Traffic Report prepared by Colston Budd Hunt and Kafes Pty Ltd dated August 2015 (Appendix

F);

Assessment of Flora Constraints and Assessment of Significance prepared by Anne Clements

and Associates Pty Ltd dated August 2015 (Appendix G);

Stormwater Management Report prepared by Acor Consultants dated 21 July 2015 (Appendix

H);

Phase 1 Environmental Site Assessment Report for 105 Eastern Road Turramurra prepared by

Geo Logix Pty Ltd dated July 2015) (Appendix I); and

Phase 1 Environmental Site Assessment Report for 45-47 Tennyson Avenue Turramurra

prepared by Geo Logix Pty Ltd dated March 2015 (Appendix J).

Background

On 27 May 2015, ALDI Stores (A Limited Partnership) (ALDI), Donaldson Worrad Architects and

Milestone met with officers of Ku-ring-gai Council for a Pre-Planning Proposal Meeting and

presented a concept design which proposed to locate the bulk of the built form of the proposed

ALDI Store and one specialty shop on Eastern Road. This preliminary proposal necessitated the

removal of the following trees on the site:

One (1) non-local native tree – identified as tree no. 1 (Melaleuca quinquenervia) in the west of

the subject site;

One (1) exotic tree – identified as tree no. 2 (Acer negundo ‘Variegatum’) in the west of the

subject site;

Four (4) local native remnant canopy trees in the south-eastern corner of the subject site

(identified as tree no.s 27 and 28 (Syncarpia glomulifera, “Turpentine”) and tree no.s 29 and

37 (Eucalyptus saligna, “Sydney Blue Gum”)); and

One (1) street tree (tree no. 17 Platanus x acerifolia) in Eastern Road.

The revised proposed development differs from the initial proposal by the retention of three (tree

no.s 27, 28, 29) of the four local native canopy trees (tree no.s 27, 28, 29 and 37). These four local

native canopy trees are identified as part of the Endangered Ecological Community Sydney

Turpentine-Ironbark Forest, which intergrades with the Blue Gum High Forest in the Sydney Basin

Bioregion under the NSW Threatened Species Conservation Act 1995.

Since the Pre-Planning Proposal Meeting, ALDI has explored further design options for the

development of the site to retain the local native canopy trees listed as part of the Sydney

Turpentine-Ironbark Forest endangered ecological community where practicable to ensure minimal

environmental impacts. This Planning Proposal includes a revised design concept which now

retains three of the ecologically significant trees (tree no.s 27, 28 and 29) located along the

southern boundary of the subject site. The revised proposed development provides active street

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frontages along Tennyson Avenue and Eastern Road whilst retaining two of the Turpentine trees

(tree no.s 27 and 28) and the Sydney Blue Gum tree (tree no. 29).

Site Description

The subject site is located at 45-47 Tennyson Avenue, Turramurra (Lot 2 DP 515147 and Lot 1 DP

4323) and 105 Eastern Road, Turramurra (Lot 1 DP 515147). The site has a combined total site

area of 5,129m² and has a frontage to Tennyson Avenue, Eastern Road and Alice Street of

71.81m, 71.19m and 72.54m respectively.

No. 45-47 Tennyson Avenue currently comprises a garden centre, associated car parking and

structures (shaded yellow within Figure 1 below). No. 105 Eastern Road currently comprises a

service station (shaded blue within Figure 1 below).

Vehicle access to the garden centre site is obtained via the dual vehicle entry point located off

Tennyson Avenue. Vehicle access to the service station site is obtained via the two dual entry

points off Eastern Road and a dual entry point off Tennyson Avenue.

Figure 1: Subject Site Source: Six Viewer Maps 2015

Local Context

The site is located on the edge of the existing Eastern Road Shopping Centre (located to the south

of the site) which comprises an IGA supermarket, BWS Liquor Store and other specialty shops.

Two residential properties directly adjoin the site’s eastern boundary. Residential properties are

Residential Properties

Service Station

Eastern Road

Shopping Centre

Garden Centre

Residential Properties

Residential Properties

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located across the road on the northern side of Alice Street, along Tennyson Avenue and on the

north western side of Eastern Road.

Eastern Road is used as a main thoroughfare for vehicles travelling from the Pacific Highway at

Turramurra (south of the site) to the Junction Road in Wahroonga (north of the site). Junction Road

links Wahroonga to Hornsby.

The subject site is well serviced by public transport. Local bus services operate along Eastern

Road with bus stops located on both sides of the road, directly adjacent to the subject site.

Turramurra Railway Station is located approximately 1.4km south of the site.

The proposed ALDI Store including two small specialty shops is considered to be an appropriate

use and redevelopment of the site as it will complement the Eastern Road Shopping Village

(opposite the site to the south) and will enhance the convenience and weekly shopping needs of

the community.

Photo 1 – The subject site viewed from Tennyson Avenue

Photo 2 – Eastern Road Shopping Centre on the corner of Tennyson Avenue and Eastern Road

Photo 3 – The existing service station on the site, viewed from Tennyson Avenue

Photo 4 – The existing service station on the site, viewed from Eastern Road

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Photo 5 - View from the existing Garden Centre on the site towards nearby residential dwellings on Alice Street

Photo 6 - Residential dwellings opposite the site on Tennyson Avenue

Photo 7 - The existing entrance to the Garden Centre on Tennyson Avenue

Photo 8 - The Eastern Road pharmacy on the corner of Eastern Road and Tennyson Avenue, opposite the site

Retail Context

Under the LEP 2015 the site sits alongside the B1 Neighbourhood Centre zoned land on the corner

of Eastern Road and Tennyson Avenue (being the Eastern Road Shopping Village). The Eastern

Road Shopping Village benefits from a steady flow of passing traffic including commuters and

residents travelling via the Pacific Highway at Turramurra and local east-west road connections to

St Ives and Hornsby. The centre comprises a small refurbished IGA (approx. 570 sqm), BWS

liquor store, dry cleaners, takeaway food (chicken), chemist, butcher and green grocer with a total

retail floor space of approximately 1,512m².

Approximately 1.5 kilometres north east of the site is the East Wahroonga Neighbourhood Centre

which comprises eight tenancies including a supermarket which is approximately 200m². The

closest local centre is the Turramurra Centre which is located approximately two kilometres south

of the subject site. The Turramurra Centre is large but is divided by the Turramurra Railway Station

and is therefore fragmented and difficult to access. Turramurra Centre includes a small and dated

Coles as well as an IGA supermarket (refer Figure 2).

Other local centres include Wahroonga and St Ives which are located approximately 1.5km west

and approximately 3.6km east by road from the subject site. The Wahroonga local centre offers

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limited food and grocery retailing and comprises an IGA supermarket comprising approximately

470m², three bakeries a butcher and liquor store.

The Retail Impact Assessment (Appendix E) found that the entire Ku-ring-gai Council area has

low levels of access to supermarket floor space as well as a limited supply and choice. The

supermarket options inside the Ku-ring-gai Council area are generally of poor quality and difficult to

access (Turramurra) with congested parking and low convenience (St Ives and Gordon).

The rezoning of the site will complement the existing B1 Neighbourhood Centre located directly on

the corner of Eastern Road and Tennyson Avenue, encourage multi-purpose trips by shoppers to

this centre and enhances the convenience and competitiveness of grocery retailing in the area.

Figure 2: Retail Context Source: LEP2015 and Ku-ring-gai Local Environmental Plan (Local Centres)

The subject site

Wahroonga Local

Centre

Eastern Road

Local Centre Local Centre surrounding

Turramurra Railway Station

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PART 1 – OBJECTIVE AND INTENDED OUTCOMES

The site is zoned R2 Low Density Residential under the LEP 2015 (refer Figure 3). The existing

use of the site at No. 45-47 Tennyson Avenue is classified as a “garden centre” which falls under

the “retail premise” group term within LEP 2015. The existing use of the site at No. 105 Eastern

Road is classified as a “service station” within LEP 2015. Garden Centres and Service Stations are

both prohibited uses within the R2 Low Density Residential Zone.

The proposed ALDI Store use and the two proposed specialty shops are classified as a “shop”

within LEP 2015 and are therefore prohibited within the R2 Low Density Residential Zone. A shop

is permissible in the B1 Neighbourhood Centre zone with Council’s development consent under

LEP 2015.

The B1 Neighbourhood Centre zone has an allowable 1,000m² gross floor area under Clause 6.9

(2) of the LEP 2015. The proposed ALDI Store and specialty shops will have a Gross Floor Area

(GFA) of 1,585m² and 370m² respectively and will exceed the maximum permissible floor space of

1,000m² by 955m². This Planning Proposal seeks to revise the floor space restriction under Clause

6.9 (2) of the LEP 2015 to facilitate the proposed ALDI Store development.

This Planning Proposal also seeks to amend the Floor Space Ratio Mapping (Sheet FSR_006)

under the LEP 2015 to amend the floor space ratio (FSR) controls for the subject site to be 0.75:1,

consistent with the FSR of the adjoining B1 Neighbourhood Centre. This Planning Proposal will not

change the current 9.5m maximum height limit for the site under Clause 4.3 of LEP 2015.

The proposed LEP amendment provisions would apply only to the subject site, and not to any

other parcel of land in the Ku-ring-gai local government area.

The objective of the rezoning is to facilitate the development of an ALDI Store and two specialty

shops on the subject site. The proposed development will complement the established

Neighbourhood Centre zone directly opposite the site on Eastern Road and better service the retail

needs of the local residential area and Ku-ring-gai area. More specifically, the proposed

development will incorporate the following works:

Consolidation of the three allotments into one lot;

Demolition of the existing structures on the site associated with the existing garden centre and

service station uses;

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Clearing of one native canopy tree (Sydney Blue Gum tree 37), one non-local native (identified

as tree no. 1), one exotic tree (identified as tree no. 2) and one street tree (identified as tree

no. 17) on Eastern Road;

Remediation of any contaminated land associated with the existing service station and existing

garden centre on the site;

Provision of vehicular access into and egress from the site via Eastern Road with separate

vehicle access for customers and service vehicles;

Construction and fitout of a new ALDI Store with a total Gross Floor Area (GFA) of 1,585m²

and associated signage;

Construction and fitout of two new specialty shops and associated signage fronting Tennyson

Avenue. Shop 1 and Shop 2 will each have a Gross Floor Area (GFA) of approximately 200m²

and 170m² respectively with a total combined GFA of 370m²;

Provision of a total of 83 car spaces on the upper deck of the proposed building;

Provision of a ramp for pedestrian access to the ALDI Store from Eastern Road and to access

car parking on the upper deck of the proposed building;

Loading dock to accommodate 15m delivery vehicles, waste storage and a waste compactor;

Relocation of the existing telecommunications tower to the north western corner of the site;

and

Provision of landscaped setbacks including the retention of existing vegetation to the adjoining

residential dwellings along the northern and eastern boundary of the site.

Figure 3: Zoning Map Source: LEP 2015

The subject site

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PART 2 – EXPLANATION OF PROVISIONS This Planning Proposal seeks to rezone the subject site to B1 Neighbourhood Centre in which a

shop is permissible with Council’s consent under the LEP 2015. The B1 Neighbourhood Centre

zone has an allowable 1,000m² gross floor area under Clause 6.9 (2) of the LEP 2015. The

proposed ALDI Store and specialty shops will have a Gross Floor Area (GFA) of 1,585m² and

370m² respectively. Therefore, the total GFA of the proposed development will be 1,955m² and will

exceed the maximum permissible floor space for the site by 955m².

The draft amendment to LEP 2015 proposes to include a site specific schedule that will specify the

specific gross floor area and type of development allowed by the LEP amendment thereby deleting

the application of LEP 2015 Clause 6.9(2) on the subject site.

Clause 4.4 of LEP 2015 specifies that the permissible FSR of the site is 0.3:1 within the existing R2

Low Density Residential zone. The proposed FSR of the ALDI Store and two specialty shops is

0.38:1. Given the subject site has a site area of 5,129m², and a proposed total GFA of 1,955m², the

proposed development exceeds the current permissible FSR of 0.3:1 within the existing R2 Low

Density Residential zone. The draft amendment to LEP 2015 proposes to amend the FSR controls

for the site to allow a maximum FSR of 0.75:1, consistent with the FSR controls for the B1

Neighbourhood Centre Zone.

This Planning Proposal does not propose to amend the current 9.5m maximum height limit for the

site under Clause 4.3 of LEP 2015.

It is proposed that the modification will amend the maximum gross floor area for the site and will be

enabled by amending Schedule 1 - Additional Permitted Uses of the LEP 2015. The wording of the

proposed modification is as follows:

“Schedule 1 - Additional Permitted Uses

52 Use of certain land at 45-47 Tennyson Avenue and 105 Eastern Road, Turramurra

(1) This clause applies to land at 45-47 Tennyson Avenue and 105 Eastern Road, Turramurra,

being Lot 1 DP 515147, Lot 2 DP 515147 and Lot 1 DP 4323.

(2) Development for the purpose of an ALDI Store and specialty shops with a combined maximum

gross floor area of 1,955m² is permitted with development consent.”

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PART 3 - JUSTIFICATION A. Need for the planning proposal

Q1. Is the planning proposal a result of any strategic study or report?

The Planning Proposal is not directly the result of any local or state government

strategic study or report. Notwithstanding, there has been a long history of consultation

with various State Governments in relation to retail floor space caps and retail floor

space supply that adversely affect the roll out of ALDI Stores since the entrance of

ALDI in Australia. Specifically, ALDI has been actively searching for an appropriately

zoned and sized site within the Ku-ring-gai LGA since 2001. This Planning Proposal is

the result of a comprehensive evaluation of the site’s physical and strategic attributes

and a comprehensive review of the retail context of the site and detailed justification of

the proposal is provided below. These benefits include increased competition resulting

in lower prices for shoppers, local employment opportunities, increased construction

activity and the revitalisation of the existing adjacent centre.

Section 4 of the Retail Impact Assessment (refer Appendix E) states that “the Ku-ring-

gai area has a population of approximately 123,000 residents” and “is projected to grow

to 134,450 residents by 2021”. Ku-ring-gai is by far the largest Council per capita in

NSW without immediate access to an operating ALDI Store. Currently Ku-ring-gai

residents are required to travel outside the LGA to Hornsby, Frenchs Forest and

Chatswood to access ALDI stores.

Part 5 of the Retail Impact Assessment (refer Appendix E) found that, based on

current population levels, a further 12,000m² of supermarket floor space could be

“comfortably supported” in the Ku-ring-gai area. Further, Part 5 noted the following:

Ku-ring-gai has the 7th lowest rate of provision for supermarket floorspace of

Sydney’s 41 municipalities with an estimated 18,196m² of supermarket floorspace

for a population of 123,180 people (June 2015).

In the Ku-ring-gai LGA the deficiency in supermarket floor space is acute and

significant considering its large population base.

The entire Ku-ring-gai Council area is shown to have low levels of access to

supermarket floorspace.

The low level of supply and choice in supermarkets across a large area such as Ku-

ring-gai include the following:

A lack of diversity and choice in supermarkets to offer differentiated products, pricing

and customer satisfaction.

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The Turramurra trade area (as defined in Figure 11 of the Retail Impact

Assessment) has particularly high levels of per capita spending on Food, Liquor,

Groceries and Catering (FLG&C) (at just over $9,000 per person per annum) and is,

on average, 11.4% above the Sydney average (refer to Figure 12 and 13 of the

Retail Impact Assessment held at Appendix E). Combined with a low floorspace

provision in the Ku-ring-gai trade area, existing supermarkets are trading at very

high levels per sqm resulting in longer periods of congestion, queuing and severe

parking shortages for longer periods.

Residents travelling outside the area to access a wider range and choice of

operators, particularly for an ALDI Store where lower prices are a strong attraction.

ALDI’s customer surveys show that many Ku-ring-gai residents make costly and

time consuming trips on major roads to access ALDI stores at Hornsby, Chatswood

and Frenchs Forest.

Lost employment opportunities for Ku-ring-gai residents.

The proposed additional retail uses on the subject site will improve the quality, choice

and convenience of grocery retailing in the local area as well as the accessibility of

services. The proposed ALDI Store will address the current deficiency in modern

supermarket facilities in the local catchment and the Ku-ring-gai LGA. The Retail

Impact Assessment supports the development of an ALDI Store and specialty shops on

the subject site and demonstrates the economic and social benefits of the proposed

rezoning and redevelopment of the subject site.

Q2. Is the planning proposal the best means of achieving the objectives or intended outcomes, or is there a better way?

The NSW Planning System has not provided the incentive or regulation necessary to

ensure that adequate and appropriately zoned and located commercial land is

available in centres, nor does it adequately address relevant competition issues. ‘A

Plan for Growing Sydney’ (the Sydney Metropolitan Strategy) does not propose any

substantive increase in the supply of commercial land in existing or future centres.

The proposed development specifically addresses the disadvantage faced by

consumers in the Ku-ring-gai area experiencing population growth with inadequate land

supply in existing retail centres. Part 5 of the Retail Impact Assessment notes that

ALDI’s customer surveys show that many Ku-ring-gai residents make costly and time

consuming trips on major roads to access ALDI stores at Hornsby, Chatswood and

Frenchs Forest. Further, a low level of supply and choice in supermarkets results in

inflated prices in the local market, lost employment opportunities for local Ku-ring-gai

residents, reduced consumer choice and satisfaction and residents electing to make

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costly and time consuming trips on major roads to access other ALDI Stores in

Hornsby, Chatswood and Frenchs Forest.

B. Relationship to strategic planning framework

Q3. Is the planning proposal consistent with the objectives and actions of the applicable regional or sub-regional strategy (including the Sydney Metropolitan Strategy and exhibited draft strategies)?

The site is located in the Draft North Subregion of the ‘A Plan for Growing Sydney’ (the

Sydney Metropolitan Strategy) which recognises the importance of the region as an

attractive place to live, work and visit with a thriving economy and seeks to increase the

supply of housing and jobs around centres with good public transport as well as

offering a greater diversity of high amenity living and working environments.

The proposed ALDI Store will be consistent with the strategic aim of the Draft North

Subregion by contributing to the local economy and providing employment

opportunities and economic activity in an area that is accessible by public transport and

to surrounding residents.

Q4. Is the planning proposal consistent with council’s local strategy or other local strategic plan?

This Planning Proposal is consistent with the proposed outcomes of the Ku-ring-gai

Council Community Strategic Plan 2030 (Strategic Plan 2030). The Strategic Plan 2030

includes six key themes which comprise of the following:

Community, People and Culture;

Natural Environment;

Places, Spaces and Infrastructure;

Access, Traffic and Transport;

Local Economy and Employment; and

Leadership and Governance.

The amendment to the LEP 2015 proposed by this Planning Proposal directly supports

the relevant three themes of the Strategic Plan 2030 which are addressed below.

Natural Environment

The Natural Environment theme in the Strategic Plan 2030 includes the objective of

ensuring that ecological protection and understanding is integrated with land-use

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planning and bushland is rich in flora and fauna. The Assessment of Flora Constraints

and Assessment of Significance Report provides a detailed description of the flora

present on the site based on site surveys and a review of the history of the site (Refer

to Appendix G). ALDI has explored all options to develop the site to minimise loss of

naturally occurring native species, including the two canopy tree species Eucalyptus

saligna (trees 29 and 37) and Syncarpia glomulifera (trees 27 and 28). The proposed

development will require removal of one native canopy tree (identified as tree 37) being

a Eucalyptus saligna.

In all the concept designs proposed by ALDI it was not practical to keep tree no. 37

(Eucalyptus saligna) as this tree was restrictive in allowing any development to occur on

the site. The proposed development retains the majority of trees on the site including

three ecologically significant trees (tree no.s 27-29) and all trees on the northern and

eastern side boundary of the site. The Assessment of Significance Report concludes

that there are no likely significant impacts from the revised proposal presented by ALDI

on the listed endangered ecological community of Sydney Turpentine-Ironbark Forest.

The proposed development will remove one non-local native (identified as tree no. 1),

one exotic tree (identified as tree no. 2) and one street tree (identified as tree no. 17)

on Eastern Road as identified on Figure 5a-2 of Appendix G. The proposal achieves a

high level of compliance with the objective of the Natural Environment theme of the

Strategic Plan 2030 of integrating land use planning with ecological protection.

Places, Spaces and Infrastructure

The relevant objectives of the Places, Spaces and Infrastructure theme seeks to

ensure that Ku-ring-gai’s unique visual character and identity is maintained, the built

environment delivers attractive, interactive and sustainable living and working

environments and existing centres offer a broad range of shops and services and

contain lively urban village spaces and places.

The subject site currently comprises a nursery and a service station fronting Eastern

Road. The proposed ALDI Store and specialty shops will improve the overall amenity of

the site and streetscape presentation along Eastern Road, Tennyson Road and Alice

Street and will have a positive overall visual impact. This Planning Proposal is

supported by an Urban Design Statement prepared by Donaldson Worrad Architects

Pty Ltd which outlines how the development is well integrated with the existing built

form and context of the site and provides a high quality streetscape improvement to

existing conditions.

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The proposed development will enhance retail grocery choice for local residents and

will add to the vitality of the existing Neighbourhood Centre located adjacent to the

subject site on the corner of Eastern Road and Tennyson Avenue. The proposed ALDI

Store and two specialty shops will provide active frontages along Tennyson Avenue

and Eastern Road and will increase pedestrian activity, enhance activation and vitality

in the Neighbourhood Centre. The existing amenity and ‘leafy’ character of the site and

locality will be maintained as the proposal retains the two Turpentine trees (tree no.s 27

and 28) and the Sydney Blue Gum tree (tree no. 29) located along the southern site

boundary, fronting Tennyson Avenue as well as the majority of existing landscaping on

the eastern and northern boundaries of the site. The proposed development will retain

all trees except for the following four trees (as shown in Figure 5a-2 of Appendix G):

One (1) non-local native tree – identified as tree no. 1 (Melaleuca quinquenervia) in

the west of the subject site;

One (1) exotic tree – identified as tree no. 2 (Acer negundo ‘Variegatum’) in the

west of the subject site;

One (1) local native remnant canopy trees in the south-eastern corner of the subject

site (identified as tree no.s 27 and 28 (Syncarpia glomulifera, “Turpentine”) and

tree no.s 29 and 37 (Eucalyptus saligna, “Sydney Blue Gum”)); and

One (1) street tree (tree no. 17 Platanus x acerifolia) in Eastern Road.

Local Economy and Employment

The relevant objectives of the Places, Spaces and Infrastructure theme of the Strategic

Plan 2030 states that Ku-ring-gai is to be an attractive location for business investment

and is to include a range of activities and experiences that attract visitors.

The proposed development will service the local community and Ku-ring-gai area and

will increase traffic and activity to the B1 Neighbourhood Centre located on Eastern

Road. The proposed ALDI Store and specialty shops will provide new retail

employment opportunities and greater business investment in the Ku-ring-gai area and

will have a positive impact on the local economy. This Planning Proposal seeks to

facilitate the revitalisation of the two sites which are currently operating as long

standing commercial uses in a residential zone. The total direct on-site employment

generated by the proposed ALDI Store and specialty shops is 34 full-time equivalent

positions and a total of 55 full-time equivalent indirect jobs created in the local and

broader economy. The proposed ALDI Store and specialty shops will result in the

improvement of street activation by facilitating interactive retail uses which will provide

flow-on benefits to the other retailers and services in this centre. These new retail

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employment opportunities will benefit the local economy and satisfy the relevant

objectives of the Places, Spaces and Infrastructure theme of the Strategic Plan 2030.

This Planning Proposal is therefore consistent with the themes of the Strategic Plan

2030.

Q5. Is the planning proposal consistent with applicable State Environmental Planning Policies?

The following table identifies the key applicable SEPPs and outlines this Planning

Proposal’s consistency with those SEPPs. A checklist of compliance with all SEPPs is

contained at Attachment A.

SEPP Comment on Consistency

SEPP 55 Remediation of Land SEPP 55 requires a planning authority to give consideration to contamination issues when rezoning land which allows a change of use that may increase the risk to health or the environment from contamination and requires consideration of a report on a preliminary investigation where a rezoning allows a change of use that may increase the risk to health or the environment from contamination.

SEPP 55 introduces state-wide planning controls for the

remediation of contaminated land. The policy states that

land must not be developed it if is unsuitable for a

proposed use because it is contaminated.

Part of the site comprises an existing service station (on

Lot 1 DP 515147), which is listed as an activity that may

cause contamination under Table 1 of “Managing Land

Contamination Planning Guidelines SEPP 55 -

Remediation of Land” (the Contaminated Land Planning

Guidelines).

A Phase 1 Environmental Site Assessment (ESA)

prepared by Geo Logix Pty Ltd dated July 2015 undertook

a site inspection and reviewed the site history of Lot 1 DP

515147 (the existing service station). The ESA concluded

that the site has been operated as a service station for 50

years and therefore there is potential for soil and

groundwater contamination of this portion of the subject

site (refer Appendix I). Further investigation would be

required to assess the presence or otherwise of such

contamination.

A Phase 1 ESA prepared by Geo Logix Pty Ltd dated

March 2015 also reviewed the site history of Lot 1 DP

4323 and Lot 2 DP 515147 (the existing nursery site)

(refer Appendix J). The report concluded that there have

been potentially contaminating uses of the site including

the following:

orcharding, market gardening and use as a retail;

nursery, a bus depot with mechanical maintenance

activities and underground fuel storage; and

demolition of former site structures.

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SEPP Comment on Consistency

Further, due to Lot 1 DP 4323 and Lot 2 DP 515147 being

located directly adjacent to a petrol station, there is

potential for land contamination at the site and further

investigation would be required to assess the presence or

otherwise of such contamination. The proposal is able to

achieve compliance with SEPP 55.

SEPP 64 Advertising and Signage

An assessment of the proposed signage against the

provisions of SEPP 64 will be undertaken as part of a

Development Application (DA) to Council to ensure that

any proposed signage is consistent with the objectives of

this SEPP 64 Advertising and Signage. The proposed

development is considered able to achieve compliance

with these provisions.

SEPP Infrastructure 2007 The site is located adjacent to a classified road (Eastern

Road, road number 7351) and pursuant to Clause 100 of

the SEPP (Infrastructure) 2007 the proposed development

will be referred to Roads and Maritime Services (RMS) for

concurrence assessment. The proposed development is

considered able to achieve compliance with the

requirements of SEPP (Infrastructure) 2007.

Q6. Is the planning proposal consistent with applicable Ministerial Directions (s.117 directions)?

The following table identifies applicable Section 117 Directions and outlines this

Planning Proposal’s consistency with those Directions. A checklist of compliance with

all Section 117 Directions is held at Appendix A.

Directions under S117

Objectives Consistency

1. EMPLOYMENT AND RESOURCES

1.1 Business and Industrial Zones

The objectives of this direction are to: (a) Encourage

employment growth in suitable locations,

(b) protect employment land in business and industrial zones, and support the viability of identified strategic

Consistent

The proposed ALDI and retail shops will provide approximately 34 full-time equivalent (FTE) positions and an estimated 55 FTE jobs created in the local and broader economy. The new retail employment opportunities on-

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Directions under S117

Objectives Consistency

centres. site will benefit the local economy and achieves compliance with the objective 1.1(a) of this Direction. The proposal effectively extends the existing Eastern Road Neighbourhood Centre north, over land currently used for commercial purposes. The proposal will increase traffic, multi-purpose trips and activity to the Eastern Road B1 Neighbourhood Centre and will not result in significant adverse trading impacts or the closure of multiple retailers at other existing centres, as outlined in the Retail Impact Assessment held at Appendix E. Therefore, the proposal protects employment land in business zones and supports the viability of these centres and achieves compliance with objective 1.1(b) of this Direction.

2. ENVIRONMENT AND HERITAGE

2.1 Environment Protection Zones

The objective of this direction is to protect and conserve environmentally sensitive areas.

Justifiably Inconsistent. As outlined in the Assessment of Flora Constraints and Assessment of Significance Report prepared by Anne Clements and Associates Pty Ltd held at Appendix G, the site comprises four canopy trees identified as the endangered ecological community Sydney Turpentine-Ironbark Forest under the Threatened Species Conservation Act 1995 (TSC Act 1995). ALDI has explored all options to develop the site to minimise loss of naturally occurring native species in all the concept designs proposed for redevelopment for an ALDI Store. Where practicable, local native canopy trees have been retained on site, including three of the four canopy trees protected under the TSC Act

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Directions under S117

Objectives Consistency

1995. The proposed removal of tree no. 37 will not have a significant impact on the endangered ecological community Sydney Turpentine-Ironbark Forest. The proposed development will remove one non-local native (identified as tree no. 1), one exotic tree (identified as tree no. 2) and one street tree (identified as tree no. 17) on Eastern Road as identified on Figure 5a-2 of Appendix G.

3. HOUSING, INFRASTRUCTURE AND URBAN DEVELOPMENT

3.4 Integrating Land Use and Transport

The objective of this direction is to ensure that urban structures, building forms, land use locations, development designs, subdivision and street layouts achieve the following planning objectives: (a) improving access to

housing, jobs and services by walking, cycling and public transport, and

(b) increasing the choice of available transport and reducing dependence on cars, and

(c) reducing travel demand including the number of trips generated by development and the distances travelled, especially by car, and

(d) supporting the efficient and viable operation of public transport services, and

(e) providing for the efficient movement of freight.

Consistent. The new ALDI Store and retail shops will improve the quality, choice and convenience of supermarket shopping in the local area and within close proximity to residents and workers. Average travel times for residents to access a well-ranged supermarket will significantly be reduced which will in turn ease traffic congestion in some areas and provide positive sustainability outcomes. A detailed assessment of the traffic impacts of the proposed ALDI Store and the specialty shops is provided in the Traffic Report prepared by Colston Budd Hunt and Kafes Pty Ltd dated August 2015 held at Appendix F. The Traffic Report found that the increase in traffic generation on Eastern Road will be approximately 60 to 110 vehicles per hour two-way during peak periods (weekday afternoons and Saturday lunchtime). Increases of traffic on Tennyson Avenue and Alice Street will be lower at some 10 to 30 vehicles per hour two-way during peak periods. The Traffic

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Directions under S117

Objectives Consistency

Report concludes that the increase in traffic generation from the proposed development will not cause traffic flows to cross the environmental amenity thresholds in Alice Street or Tennyson Avenue and will maintain a good level of service along Eastern Road during peak periods. Overall, the road network will be able to accommodate the additional traffic from the proposed development. The site is directly adjacent to bus services which operate along Eastern Road. This bus service provides an alternative to travelling to the site by car. The proposal will provide employment opportunities and retail facilities close to public transport services and strengthen demand for these services. The proposal therefore achieves compliance with the objective of 3.4 of this Direction relating to integrating land use and transport.

6. LOCAL PLAN MAKING

Site Specific Provisions

The objective of this direction is to discourage unnecessarily restrictive site specific planning controls.

Justifiably Inconsistent. The Planning Proposal seeks to rezone the site to facilitate the development of the site for an ALDI Store and specialty shops. The B1 Neighbourhood Centre zone has an allowable 1,000m² floor space under Clause 6.9 (2) of the LEP 2015. The proposed ALDI Store and proposed specialty shops will exceed these gross floor area requirements by 955m² under Clause 6.9 (2) of the LEP 2015. The subject site is currently used for commercial purposes and the LEP 2015 amendments

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Directions under S117

Objectives Consistency

are justified in Part 2 of this Planning Proposal. The proposed LEP 2015 amendments will not result in unnecessarily restrictive site specific planning controls and will not amend the provisions of any other parcel of land in the Ku-ring-gai local government area.

7. METROPOLITAN PLANNING

7.1 Implementation of the Metropolitan Strategy

The objective of this direction is to give legal effect to the vision, land use strategy, policies, outcomes and actions contained in the Metropolitan Strategy.

Consistent. As discussed above, the Planning Proposal provides employment opportunities in close proximity to public transport and surrounding residents which is consistent with the strategic aims of the Draft North Subregion of the Sydney Metropolitan Strategy.

C. Environmental, social and economic impact

Q7. Is there any likelihood that critical habitat or threatened species, populations or ecological communities, or their habitats, will be adversely affected as a result of the proposal?

The Assessment of Flora Constraints and Assessment of Significance Report (refer to

Appendix G) identifies that the site comprises the native canopy tree species

Syncarpira glomulifera (Turpentine) and Eucalyptus saligna (Sydney Blue Gum)

(identified as tree no.s 27-29 and 37). The final determination of State Conservation

Significance of these native tree species is that they are considered to be

conservationally significant vegetation listed as Sydney Turpentine- Ironbark Forest

under the NSW Threatened Species Conservation Act 1995. The Assessment of

Significance Report concludes that the revised proposal results in:

The removal of 25% (1) of the 4 local remnant canopy trees of the Sydney

Turpentine-Ironbark Forest (STIF) on the subject site;

The removal of 9% (1) of the 11 local remnant canopy trees of the STIF in the

study area;

The removal of 2.5% of the local native canopy in the 1.5 ha patch in the locality;

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There is not likely to be a significant impact from the revised proposal on the listed

endangered ecological community Sydney Turpentine-Ironbark Forest; and

That no Species Impact Statement is required.

Q8. Are there any other likely environmental effects as a result of the planning proposal and how are they proposed to be managed?

Ku-ring-gai Local Environmental Plan 2015 (LEP 2015)

Summary assessments of the clauses of the LEP 2015 that apply to the proposed

development are provided below. Further details will be submitted as part of a DA to

Council. The objectives of the B1 Neighbourhood Centre zone are as follows:

“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.

To encourage employment opportunities in the accessible locations.

To maximise public transport patronage and encourage walking and cycling.

To provide for residential housing close to public transport, services and

employment opportunities.”

The proposed ALDI Store development achieves the objectives of the B1

Neighbourhood Centre zone for the following reasons:

Provides a retail use that will serve the needs of residents as well as visitors to the

local area;

Provides employment opportunities in an area that is highly accessible and well

serviced by public transport; and

Will be easily accessible to patrons from nearby residential areas by walking and by

bus available on Eastern Road.

The proposed development can also achieve compliance with Clause 4.3 in LEP 2015

which requires a maximum building height of 9.5 metres.

Clause 6.3 of LEP 2015

The northern boundary and south-east corner of the site are mapped on the LEP 2015

Terrestrial Biodiversity Map as comprising Terrestrial Biodiversity. Therefore, the

objectives of Clause 6.3 of LEP 2015 are relevant to the Planning Proposal. A detailed

assessment of the flora constraints on the site is provided in the Assessment of Flora

Constraints Report held at Appendix G. Overall the proposal complies with the

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objectives of Clause 6.3. ALDI has explored all concept design options for

redevelopment of the site and sought to retain the existing vegetation along the

northern boundary and south-east corner of the site which comprise Terrestrial

Biodiversity.

Clause 6.9 of LEP 2015

Clause 6.9 (2) of the LEP 2015 requires that the B1 Neighbourhood Centre zone has

an allowable 1,000m² floor space. The total GFA of the proposed development will be

1,955m² and will exceed the maximum permissible gross floor area for the site by

955m².

As outlined in Part 2 of this Planning Proposal, the LEP 2015 is proposed to be

amended to include a site specific schedule that will specify the specific floor space

and type of development allowed by the LEP amendment thereby deleting the

application of Clause 6.9(2) of LEP 2015 on the subject site. The proposed increase in

the retail floor space of the site is considered acceptable for the following planning and

design reasons:

The proposed development will provide an additional supermarket option for

residents in the area with positive significant economic and community benefits and

will not result in significant trading impacts or the closure of multiple retailers at

existing surrounding centres;

A supply and demand review of retail floor space demonstrates an undersupply in

this LGA;

The proposed height, scale and built form of the development are compatible and

integrate with the existing built form of the adjoining Neighbourhood Centre located

on the southern corner of Eastern Road and Tennyson Avenue; and

The proposed development achieves a high level of compliance with the objectives

of the B1 Neighbourhood Centre zone of LEP 2015 as outlined above.

The imposition of a 1,000m² gross floor area cap would prohibit the development of a

generic ALDI Store on this site and a smaller store would adversely affect ALDI’s

operational procedures and reduce efficiencies which are passed onto the customer in

cheaper prices. This would result in the perverse effect of a reduction in ALDI’s

competitive ability within the existing grocery market.

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Ku-ring-gai Development Control Plan 2015

Ku-ring-gai Development Control Plan 2015 (DCP 2015) provides a more detailed layer

of planning controls for all development as well as uses proposed on land zoned for

business purposes. The proposed development is considered able to achieve a high

level of compliance with the requirements of DCP 2015 including those relating to

access, contamination, servicing, biodiversity controls, building design, waste and

stormwater management as well as signage and landscaping.

Building Design

The proposed development has been designed to have a built form which is orientated

towards Eastern Road and Tennyson Avenue. By locating the bulk of the built form of

the proposed development to these roads as well as retaining the existing landscaping

to the northern and eastern site boundaries (at residential interfaces), the development

minimises adverse amenity impacts, particularly in relation to noise, light spill,

advertising signage, and glare at night from vehicle and truck lights exiting the site to

surrounding nearby residential properties. A detailed assessment of potential noise and

other potential amenity impacts to residential properties will be undertaken as part of a

DA which will include an assessment of any measures required to ensure that amenity

impacts from the proposed development are preserved for surrounding properties.

Biodiversity Controls

The south-eastern corner and northern boundary of the site, fronting Alice Street are

mapped on the Greenweb DCP Categorised Map as ‘Landscape Remnant’. Where,

possible, the proposed development retains trees located in Landscape Remnant

areas.

Contaminated Land

The remediation of the site will require Council’s development consent and Part 16 of

DCP 2014 requires the application to comply with the provisions of the Ku-ring-gai

Council Contaminated Land Policy 2004 (Contaminated Land Policy).

Car parking

The proposed ALDI Store and specialty shops total combined GFA is 1,955m² and the

proposal will include 83 car spaces located on the upper deck of the building. The

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proposed development will have a shortfall of 32 car spaces under the provisions of the

DCP. The Traffic Report held at Appendix F states that the total parking demand of

the development will be between 67 and 87 spaces based on the RMS “Guide to

Traffic Generating Developments” as well as surveys of a number of parking demands

at similar ALDI Stores (at Rouse Hill, Green Point and Cessnock). On this basis, the

Traffic Report concludes that the proposed provision of 83 car spaces for the proposed

ALDI Store and specialty shops is appropriate. Further justification for the proposed

reduction in car parking will be provided as part of a detailed assessment of the

proposal in a DA to Council.

Q9. Has the planning proposal adequately addressed any social and economic effects?

The following existing Centres are in proximity to the subject site:

Neighbourhood Centres: Eastern Road Turramurra, Bannockburn Road

Turramurra, North Turramurra and Colonial Centre (St Ives Chase), East

Wahroonga and Waitara (East Hornsby); and

Local Centres: Turramurra, St Ives, Pymble and Wahroonga.

The Retail Impact Assessment concluded that the highest retail impact in percentage

terms will be on the Eastern Road Shopping Village which is adjacent to the site. The

proposed ALDI Store and specialty shops will enhance competition with the existing

small IGA supermarket, two fresh food retailers and liquor store located in the Eastern

Road Shopping Village. These estimated trading impacts will be normal competitive

impacts expected in any growth environment. However it is expected that other

retailers (pharmacy, dry cleaner and café) in this Centre will benefit from the increased

traffic and shoppers attracted to the Eastern Road Shopping Village providing flow on

benefits as well as acting as a catalyst for other redevelopment and investment in the

Centre.

The proposed ALDI Store will provide an additional supermarket option for residents in

the area and will not result in any significant trading impacts or the closure of multiple

retailers at existing centres due to the existing high occupancy levels in the surrounding

local and neighbourhood centres, the relatively small provision of floor space proposed,

the low provision of supermarket in the trade area (defined as within 1.5km of the site

to include Turramurra, Wahroonga and Warrawee and 3km north of the site into North

Turramurra) and generally across Ku-ring-gai, the convenience of the proposed ALDI

Store, and the expected moderate population growth projected for in and around

centres.

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D. State and Commonwealth interests

Q10. Is there adequate public infrastructure for the planning proposal?

In terms of services, the subject site is already connected to sewer, water, stormwater,

electricity and telecommunication services. Local bus services operate along Eastern

Road and bus stops are located on both sides of the road, adjacent to the subject site.

Turramurra Railway Station is located approximately 1.4km south of the site. The site

has good access to public transport and utilities infrastructure and is therefore a good

candidate for redevelopment.

The existing capacity of the stormwater infrastructure on the subject site has been

assessed as detailed in the Stormwater Management Report prepared by Acor

Consultants dated 21 July 2015 held at Appendix H. The Stormwater Management

Report concludes that, subject to a more detailed design, upgrades to the existing

stormwater infrastructure will need to occur in the form of a new gross pollutant trap, oil

and silt arrestor and potentially tertiary treatment. A more detailed assessment of the

stormwater management for the site will be undertaken as part of a DA to Council.

Q11. What are the views of state and Commonwealth public authorities consulted in accordance with the Gateway determination?

This section of the planning proposal will be completed following consultation with the

State and Commonwealth Public Authorities identified in the gateway determination

and will detail and address any issues raised by public authorities as required.

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PART 4 - MAPPING

It is requested that Ku-ring-gai Council amend the Ku-ring-gai Local Environmental Plan 2015

mapping as outlined below.

Amend Land Zoning Map

We request that the existing Land Zoning Map (Sheet LZN_006) under the LEP 2015 be amended

to rezone the subject site to B1 Neighbourhood Centre, as shown below in Figure 4.

Figure 4: Zoning Map (showing proposed amendment) Source: LEP 2015

Height of Buildings Map

The existing Height of Buildings Map (Sheet HOB_006) under the LEP 2015 will not need to be

amended as the proposed development will comply with the permissible height for the subject site

of 9.5m.

Amend Floor Space Ratio Map

We request that the existing Floor Space Ratio Map (Sheet FSR_006) under the LEP 2015 be

amended to increase the floor space ratio (FSR) for the subject site to be 0.75:1, as shown below

in Figure 5.

The subject site and

proposed B1

Neighbourhood Centre

Zoning

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Figure 5: Floor Space Ratio Map (showing proposed amendment) Source: LEP 2015

The subject site and

proposed FSR of

0.75:1

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PART 5 – COMMUNITY CONSULTATION Community and public authority consultation will be undertaken in accordance with the existing

statutory consultation provisions for rezoning and development applications. It is anticipated that a

28-day public exhibition period will be provided for this Planning Proposal.

Following lodgement of the Planning Proposal, ALDI propose to hold a community information

night to answer any queries the Ku-ring-gai local community might have in relation to the proposal.

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PART 6 – PROJECT TIMELINE

Stage Timing

Anticipated commencement date (date of Gateway determination)

Date

Anticipated timeframe for the completion of required technical information

Date

Timeframe for government agency consultation (pre and post exhibition as required by Gateway determination)

Date

Commencement and completion dates for public exhibition period

Date

Dates for public hearing (if required)

Date

Timeframe for consideration of submissions

Date

Timeframe for the consideration of a proposal post exhibition

Date

Date of submission to the department to finalise the LEP

Date

Anticipated date RPA will make the plan (if delegated)

Date

Anticipated date RPA will forward to the department for notification.

Date

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APPENDIX A - Checklist of Consistency with Section 117 Directions and

SEPPs

PART A: STATE ENVIRONMENTAL PLANNING POLICIES Not relevant

Consistent

SEPP 1 Development Standards

SEPP 4 Development Without Consent

SEPP 6 Number of Storeys in a Building

SEPP 19 Bushland in Urban Areas

SEPP 21 Caravan Parks

SEPP 22 Shops and Commercial Premises

SEPP 30 Intensive Agriculture

SEPP 32 Urban Consolidation (Redevelopment of Urban Land)

SEPP 33 Hazardous and Offensive Development

SEPP 44 Koala Habitat Protection

SEPP 55 Remediation of Land

SEPP 60 Exempt and Complying Development

SEPP 62 Sustainable Aquaculture

SEPP 64 Advertising and Signage

SEPP 65 Design Quality of Residential Flat Development

SEPP 70 Affordable Housing (Revised Schemes)

SEPP (Housing for Seniors or People with a Disability) – 2004

SEPP Building Sustainability Index : Basix 2004

SEPP Major Development

SEPP Mining, Petroleum Production and Extractive Industries

SEPP Temporary Structures 2007

SEPP Infrastructure 2007

SEPP Affordable Rental Housing 2009

SEPP Exempt and Complying Development Codes 2008

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PART B: REGIONAL ENVIRONMENTAL PLANS Not relevant

Consistent

SYDNEY REP 20 Hawkesbury-Nepean River

SYDNEY REP (Sydney Harbour Catchment) 2005

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PART C: DIRECTIONS UNDER S117(2) Not relevant

Consistent Justifiably inconsistent

PART 1 – GENERAL DIRECTIONS

1. Employment and Resources

1.1 Business and Industrial Zones

1.2 Rural Zones

1.3 Mining, Petroleum production and Extractive Industries

1.4 Oyster Aquaculture

1.5 Rural Lands

2. Environment and Heritage

2.1 Environment Protection Zones

2.2 Coastal Protection

2.3 Heritage Conservation

2.4 Recreation Vehicle Areas

3. Housing, Infrastructure and Urban Development

3.1 Residential Zones

3.2 Caravan Parks and Manufactured Home Estates

3.3 Home Occupations

3.4 Integrating Land Use and Transport

3.5 Development Near Licensed Aerodromes

4. Hazard and Risk

4.1 Acid Sulfate Soils

4.2 Mine Subsidence and Unstable Land

4.3 Flood Prone Land

4.4 Planning for Bushfire Protection

5. Regional Planning

5.1 Implementation of Regional Strategies

5.2 Sydney Drinking Water Catchments

5.3 Farmland of State and Regional Significance on the NSW Far North Coast

5.4 Commercial and Retail Development along the Pacific Highway, North Coast

5.5 Development in the vicinity of Ellalong, Paxton and Millfield (Cessnock LGA)

5.6 Sydney to Canberra Corridor (Revoked 10 July 2008. See amended Direction 5.1)

5.7 Central Coast (Revoked 10 July 2008. See amended Direction 5.1)

5.8 Second Sydney Airport: Badgerys Creek

6. Local Plan Making

6.1 Approval and Referral Requirements

6.2 Reserving Land for Public Purposes

6.3 Site Specific Provisions

7. Metropolitan Planning

7.1 Implementation of the Metropolitan Strategy

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APPENDIX B – Preliminary Plans prepared by Donaldson Worrad

Architects Pty Ltd dated 7 August 2015 (Not part of this Planning

Proposal)

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APPENDIX C – Photomontages prepared by Donaldson Worrad

Architects Pty Ltd (Not part of this Planning Proposal)

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APPENDIX D – Urban Design Statement prepared by Donaldson Worrad

Architects Pty Ltd

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APPENDIX E – Retail Impact Assessment prepared by Deep End

Services Pty Ltd dated August 2015

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APPENDIX F – Traffic Report prepared by Colston Budd Hunt and Kafes

Pty Ltd dated August 2015

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APPENDIX G – Assessment of Flora Constraints and Assessment of

Significance prepared by Anne Clements and Associates Pty Ltd dated

August 2015

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APPENDIX H – Stormwater Management Report prepared by Acor

Consultants dated 21 July 2015

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APPENDIX I – Phase 1 Environmental Site Assessment Report for 105

Eastern Road Turramurra prepared by Geo Logix Pty Ltd dated July

2015

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APPENDIX J – Phase 1 Environmental Site Assessment Report for 45-47

Tennyson Avenue Turramurra prepared by Geo Logix Pty Ltd dated

March 2015