Draft Development Control Plan: 173-179 Walker & 11-17 Hampden Streets, North Sydney and Draft Voluntary Planning Agreement

Submissions closed 11.59pm Monday 23 August 2021

The final outcomes of the consultation were reported to Council on 27 September 2021. The report is available in the Document Library.

BACKGROUND

Contrary to previous North Sydney Council decisions, on 23 March 2021, the NSW Government appointed Sydney North Planning Panel made a recommendation to the Minister for Planning that a Planning Proposal for increased height on the site be supported. The Proposal seeks to amend the North Sydney Local Environmental Plan (LEP) by increasing the site’s building height to approximately 30 storeys (RL 148) and apply a maximum Floor Space Ratio of 6.1:1. The matter remains with the Minister for Planning, however, it is understood this amendment may come into effect in the coming weeks. A more detailed background to the planning processes for this site is contained within the Council report located in the Document Library.

DRAFT DEVELOPMENT CONTROL PLAN

On 24 May 2021, Council resolved to support a draft Development Control Plan (DCP) amendment for the site and to place the Draft DCP on public exhibition for public comment.

The draft DCP contains design parameters which are intended to assist in the design and development assessment process of a future development application, as envisaged under the higher-order planning controls applying to a site established in the LEP. Under the Environmental Planning and Assessment Act (EP&A Act), a DCP cannot contain provisions that unreasonably restrict or seek to undermine the development provisions of an LEP.

Within Part C of the North Sydney DCP 2013, it is proposed to identify the development site (labelled ‘East Walker Street Precinct’) and provide numeric building setbacks from relevant property boundaries (front, side and rear) as well as street wall heights (podium elements), upper-level setbacks and building separations.

Other relevant provisions such as the SEPP 65 - Apartment Design Guidelines, will still need to be satisfied. These include detailed provisions with respect to solar access, privacy, cross ventilation, design, materials, building separation and the like.

It is acknowledged that the potential adoption of DCP provisions will not address Council’s previously expressed key concerns. However, in light of the circumstances, the inclusion of these provisions may help guide a better built form outcome than may occur in their absence.

VOLUNTARY PLANNNING AGREEMENT

On 26 October 2020, Council endorsed in-principle, a Voluntary Planning Agreement (VPA) offer for the provision of affordable housing units and a monetary contribution. The detailed terms of the offer have now been resolved and are being exhibited concurrently with the draft DCP amendment.

The draft VPA will provide the following public benefits

• Dedication of 5% of the residential yield to affordable housing in accordance with Council’s Affordable Housing Policy 2013 (or provision of a monetary contribution to go towards affordable housing); and
• Monetary Contribution for the provision of community infrastructure at a rate of $15,100 per net additional dwelling. Depending on the final design and approval process this may equate to approximately $3.1-$3.3 million.

The draft DCP and VPA were be on public exhibition from Monday 26 July to Monday 23 August 2021, and may be viewed in the Document Library.

For further information contact Council's Team Leader - Policy on 9936 8100.

Note: Submissions are considered open access information under the Government Information (Public Access) Act 2009. In the interests of public transparency, your submission in its entirety may be made available via Council’s website. Submitters are encouraged to read Council’s Information Sheet: Making a Submission to Council(External link) prior to making a submission. All feedback received will be considered, however it is not intended to reply to individual respondents.