COU
C UNC
CIL
L
B INE
BUS
ESS PA
APER
R
25 NOVE
N
EMB
BER 2015
2
NOTIICE IS H
HEREBY GIVEN THAT
T
a Ordina
an
ary Meetiing of Cou
uncil will be held oon
Wedn
nesday, 25
5 Novemb
ber 2015 commenccing at 7:000 pm
in Coun
ncil Cham
mbers at Botany
B
To
own Hall
C Edward Streeet and Bottany Road
Cnr
d, Botanyy.
Mss Lara Kiirchner
GENERA
AL MANAGER
ORDINARY COUNCIL MEETING
25 NOVEMBER 2015
TABLE OF CONTENTS
Item
Subject
Page No
1 Opening Prayer .......................................................................................................... 1 2 Acknowledgement Of Country.................................................................................. 1 3 Apologies................................................................................................................... 1 4 Confirmation Of Minutes .......................................................................................... 1 5 Declaration of Interests.............................................................................................. 1 6 Questions Without Notice ......................................................................................... 1 7 Mayoral Minute ......................................................................................................... 1 8 Correspondence ......................................................................................................... 2 9 Referral from the Development Committee Meeting held on 4 November 2015 ..... 4 9.1 10 Planning Proposal No.6/2014 - 1549 Botany Road, Botany - Results
of Community Consultation ...................................................................... 5 Minutes of Committees ........................................................................................... 16 10.1 Minutes of the City Services Committee Meeting held on 18
November 2015 ....................................................................................... 17 10.2 Minutes of the Finance and Performance Committee meeting held on
18 November 2015 .................................................................................. 24 10.3 Minutes of the Policies and Priorities Committee meeting held on 25
November 2015 ....................................................................................... 27 11 Council Meeting Closure......................................................................................... 30 12 Attachments ............................................................................................................. 31 9.1 Planning Proposal No.6/2014 - 1549 Botany Road, Botany - Results
of Community Consultation .................................................................... 32 1 Submission Dated 24 August 2015................................................ 32 2 Submission Dated 28 August 2015................................................ 34 3 Planning Proposal No. 6/2014 ....................................................... 45 Page (i)
ORDINARY COUNCIL MEETING
25 NOVEMBER 2015
1
OPENING PRAYER
2
ACKNOWLEDGEMENT OF COUNTRY
We acknowledge the traditional people of the land on which this Council meets, the
Bidegal and Gadigal People who traditionally occupied the Sydney Coast, and we pay
our respects to their Aboriginal elders, both past and present.
3
APOLOGIES
4
CONFIRMATION OF MINUTES
The Minutes of the Extraordinary Council Meeting held on 16 November 2015 be
received and confirmed as a true record of proceedings.
5
DECLARATION OF INTERESTS
6
QUESTIONS WITHOUT NOTICE
7
MAYORAL MINUTE
The Mayoral Minute will be distributed separately at the meeting.
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25 NOVEMBER 2015
CORRESPONDENCE
File No:
S15/49
Report Author:
Lauren Thomas - Administration Officer
Responsible Director:
Ms Lara Kirchner - General Manager
Date of Preparation:
10 November 2015
EXECUTIVE SUMMARY
Items of correspondence received by Council.
RECOMMENDATION
THAT:
All items of correspondence be received and noted.
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225 NOVEMB
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LEGISLLATIVE ASSEM
MBLY
5N
November 2015
Ms Lara
a Kirchner
Genera
al Manager
Botany Bay City Council
C
PO Boxx 331
Mascott NSW 146
60
Dear M
Ms Kirchner
ed to have received a lovely glasss trophy in
n the
I was mostt surprised and touche
day recognising my se
ervice to th e City of Botany Bay.
mail tod
A
As you kno
ow, I could not attend Council’s recognition
r
of all Counncillors as the
t
event cclashed with
h the sitting
g of Parliam
ment.
I have servved my com
mmunity forr many yea
ars not seek
king any reccognition;
er, I am delighted thatt my formerr colleagues went to such
s
lengthhs to recogn
nise my
howeve
service to the com
mmunity.
Please con
nvey my ap
ppreciation to the Council.
Yours sin
ncerely
Ron Hoe
enig MP
Memberr for Heffro
on
Ele
ectorate Offic
ce: Shop 117
7, 747 Botany Rd, Roseb
bery, NSW 20018
Mail:
M
PO Box 222, Rosebe
ery NSW 144
45
Phone: (02) 9699 8166 Fax: (02) 96
699 8222 Em
mail: Heffron@parliamentt.nsw.gov.au
u
www
w.ronhoenig
g.net
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25 NOVEMBER 2015
REFERRAL FROM THE DEVELOPMENT COMMITTEE
MEETING HELD ON 4 NOVEMBER 2015
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25 NOVEMBER 2015
PLANNING PROPOSAL NO.6/2014 - 1549 BOTANY ROAD, BOTANY RESULTS OF COMMUNITY CONSULTATION
File No:
S14/104
Attachments:
Submission Dated 24 August 2015
Submission Dated 28 August 2015
Planning Proposal No. 6/2014
Report Author:
Gilead Chi-Li-Chen - Strategic Planner
Responsible Director:
Heather Warton - Director of City Planning & Environment
Date of Preparation:
25 August 2015
RECOMMENDATION TO COUNCIL
THAT:
The Planning Proposal to rezone land at 1549 Botany Road, Botany from
B7 – Business Park to B4- Mixed Use be adopted and forwarded to the
NSW Department of Planning & Environment for gazettal.
RECOMMENDATION TO COMMITTEE
THAT:
This report be referred to Council with the following recommendation:
The Planning Proposal to rezone land at 1549 Botany Road, Botany from B7 –
Business Park to B4- Mixed Use be adopted and forwarded to the NSW
Department of Planning & Environment for gazettal.
EXECUTIVE SUMMARY
Planning Proposal No. 6/2014 was placed exhibition from 28 July 2015 until 28 August 2015.
The Planning Proposal seeks to rezone land at 1549 Botany Road from B7 – Business Park to
B4 – Mixed Use to enable a consistent zoning on the subject site to permit the construction of
residential flat buildings. It is recommended that the Planning Proposal be adopted and
forwarded to the Department of Planning & Environment for gazettal.
Background
On 23 July 2014, Council resolved that:
 A Planning Proposal be prepared in accordance with Section 54 & 55 of the Environmental
Planning & Assessment Act (EP&A Act) 1979 and the provisions of the Environmental
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225 NOVEMB
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Planning & Asssessment Reegulation 22000 to ameend the Bottany Bay Loocal Enviro
onmental
Plan (BBLEP) 2013
2
to rezzone Lot Y DP 41730
08, Part Lott B DP 3544404 and Lot
L 1 DP
1307719 from B77 – Business Park to B44 – Mixed Use;
U
 The P
Planning Prroposal be referred
r
to D
Departmentt of Plannin
ng & Enviroonment for Gateway
G
Deteermination inn accordancce with Secttion 56 of th
he Act; and
d
orted to Cou
uncil.
 The rresults of thhe Gateway Determinattion be repo
Figure 1 – Aerial view
w of the sitee
ng map
Figuree 2 – Zonin
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On 3 February 2015, the Planning Proposal was submitted to the Department for Gateway
Determination.
On 5 June 2015, Gateway Determination was issued by the Department subject to the
following conditions:
1.
2.
Prior to exhibition, the planning proposal is to be updated as follows:
a)
Clearly state the objectives and intended outcomes of introducing this land use
change; and
b)
Demonstrate how the potential land use conflicts between residential and
business uses will be managed.
Community consultation is required under sections 56(2)(c) and 57 of the Act as
follows:
a)
the planning proposal must be made publicly available for a minimum of 28
days; and
b)
the relevant planning authority must comply with the notice requirements for
public exhibition of planning proposals and the specifications for material that
must be made publicly available along with planning proposals as identified in
section 5.5.2 of A Guide to Preparing LEPs (Department of Planning &
Environment 2013).
3.
A public hearing is not required to be held into the matter by any person or body
under section 56(2)(e) of the Act. This does not discharge Council from any obligation
it may otherwise have to conduct a public hearing (for example, in response to a
submission or if reclassifying land).
4.
The timeframe for completing the Local Environmental Plan is to be 9 months from
the week following the date of the Gateway determination.
The Planning Proposal was amended to address the conditions of the Gateway Determination.
The Planning Proposal was placed on exhibition from 28 July (Tuesday) 2015 until 28 August
(Friday) 2015. For the purpose of informing the public generally, the Council also had key
exhibition material on display on Council’s website www.botanybay.nsw.gov.au and at the
Central Library (Westfield Shoppingtown, Banks Avenue, Eastgardens).
Submissions Received
Two submissions (Attachment 1 and 2) were received from:
 An adjoining industrial neighbour; and
 Plandev Urban Planning on the behalf of the same neighbouring property.
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The folllowing issues were raissed in the suubmissions::
Issue 11: The Plaanning Pro
oposal is iinconsistent with thee relevant strategic planning
p
framewoork such ass A Plan forr Growing SSydney, Secttion 117 Directions, Bootany Bay Planning
P
Strategyy 2031 and Botany Sou
uth Industryy Study.
Respon
nse: The prooposal is gen
nerally conssistent with
h the relevan
nt strategic pplanning
framework (i.e. Staate and locaal). No issuee was raised
d by the Dep
partment annd a Gatewaay
Determiination wass issued on 7 Septembeer 2015. Ho
owever, the issues raiseed by the ob
bjector
has beenn considereed and addreessed in the revised plaanning propo
osal.
Issue 2:: The Plannning Propossal is incom
mpatible with surround
ding land usses and willl results
in an unnacceptablee risk to the viability off the Botanyy South Indu
ustrial Preciinct (BSIP)
Respon
nse: As partt of the com
mprehensivee LEP proccess, the Bo
otany Southh Industrial Precinct
was rezzoned from 4(b) – Mix
xed Industriial to B4 – Mixed Usee and B7 – Business Park with
the intennt of retainning an areaa for light inndustrial acctivities. The subject siite is located within
the BSIP
P.
Figuree 3 – Botan
ny South In
ndustrial Prrecinct
Part 9B of the BBD
DCP 2013 establishes
e
tthe desired future charaacter for thee BSIP. Thee desired
future ccharacter of the B4 zonee is as folloows:
The B4 zonne within th
he Botany SSouth Precinct is anticcipated to ddevelop into
oa
hhigh qualityy area of mixed
m
uses ffeaturing medium
m
denssity housingg, low impa
act
ccommerciall and busin
ness uses annd creative industries … The redeevelopment of
tthis area is to provvide a trannsition from
m non-resiidential to surroundiing
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residential uses with the intention of buffering any adverse amenity issues
created within the B7 zone. New residential uses within the B4 - Mixed Use zone
need to ensure that through site layout and building design any impacts from the
B7 zone are adequately mitigated.
The desired future character of the B7 zone is as follows:
The B7 zone within the Botany South Precinct is anticipated to develop into a
high quality business area with a mix of light industrial, creative industries,
commercial, business and warehouses.
The planning proposal is not inconsistent with Council’s desired future character for the
BSIP. Furthermore, future development application is required to demonstrate compliance
with the following planning controls contained in the BBDCP 2013:
 Internal habitable rooms of dwellings within the B4 Mixed Use Zone which are affected by
high levels of external noise are to be designed to achieve internal noise levels of 50dBA
maximum;
 Car parking, landscaping and non-residential uses are to be located at the rear of the
property to provide buffer between B4 and B7 zones; and
 Any carparking spaces allocated for residential purposes are to be located at the rear of
site to provide buffer from the B7 zone.
Many of the existing general industrial uses, such as vehicle body repair workshops, vehicle
repair station, general industrial and wholesale supplies, are currently prohibited and relying
on existing use right for the continuing operation of these premises. Council anticipates that
the existing general industrial uses will be replaced by office and light industrial uses in the
future which will be compatible with the proposed residential uses. Residential flat building
may not be aligned with the existing general industrial uses, however, this use is consistent
with the future vision of the BSIP envisaged by Council. Therefore, the rezoning will not
impact on the viability of the BSIP.
Issue 3: The PP would result in an inferior residential development with poor amenity
Response: As part of the Planning Proposal, an indicative layout plan (Attachment 11 of the
Planning Proposal) has been submitted for the residential flat building. The building envelope
situated in the B7 zone will be set back approximately 5m from the eastern common
boundary, minimum 17m from the western common boundary and minimum 22m from the
rear boundary. The indicative setback complies with Council’s setback requirement. A three
storey car park will be located at the rear of the site which will act as a buffer to the adjoining
B7 zone and existing industrial uses. In addition, an acoustic report has been submitted with
the planning proposal indicating that the residential flat building can be acoustically treated to
achieve compliance with the Building Code of Australia.
It should be noted that the layout plan is indicative only and may be subject to further
amendments. Any future development will be subject to a development application.
Compliance with SEPP 65 and the Apartment Design Guide (ADG) and the amenity of the
development will be fully assessed during the development application stage.
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Issue 4: The PP does not adequately address the social and economic impacts
Response: Based on the submitted building envelope, the rezoning will generate a potential
of 1,900sqm of residential floor space and is unlikely to place significant pressure on existing
social infrastructures such as school and hospital.
The proposal seeks to rezone approximately 3,202sqm of B7 – Business Park to B4 – Mixed
Use zone which represents a loss of 0.48% of employment zoned land within the Botany area
or 0.07% of employment zoned land within the Botany Bay LGA. Hence, the rezoning will
not result in the significant loss of industrial or employment land within the Botany Bay LGA
or significantly undermine the objective of the BBPS 2031.
The Botany South Industry Study (BSIS) was published in December 2003. According to the
BSIS landuse survey, the majority of the landuses located within vicinity of the site (bounded
by Cranbrook Street, Botany Road, Tenterden Road and Margate Street) are primarily used
for manufacturing and servicing and wholesaling.
However, landuses within the precinct have changed noticeably since the introduction of the
BSIS with former “manufactures and servicing” uses slowly been eradicated as demonstrated
in Attachment 4.
Issue 5: The PP fails to address the condition in the Gateway Determination
Response: In accordance with the condition of the Gateway Determination, the Planning
Proposal (prior to public exhibition) was revised to provide a clearer explanation of the
objectives and intended outcomes and addressed the potential land use conflicts between
residential and business uses in accordance with the Gateway Determination dated 5 June
2015.
Issue 6: The PP fails the evaluation criteria for delegation of plan making functions
Response: As illustrated previously, the Planning Proposal is consistent with A Plan for
Growing Sydney and the draft East Subregional Strategy. All future proposals will be
subjected to a development application and are required to comply with the policies and
guidelines such as SEPP 65, ADG and BBDCP 2013.
Issue 7: The PP is construed in favour of the private interests of an individual landowner
Response: As discussed in the Planning Proposal, the proposed rezoning is not a direct result
of any strategic study or report. An application was made by SJB Planning, on the behalf of
Dunning 77 Pty Ltd, seeking to rezone the site from B7 – Business Park to B4 Mixed Use.
As illustrated in this report, the proposed residential use is compatible and can operate in
harmony with the adjoining uses. Mitigation measures can be incorporated into the future
design of the buildings which will be considered by Council during development assessment
stage.
The planning proposal has been reviewed and assessed in accordance with Section 55 of the
Act and the relevant requirements outlined in A Guide to Preparing Planning Proposal. All
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relevant matters raised in the written submissions have been considered by Council officers
and have been discussed in the report. The planning proposal has demonstrated sufficient
strategic merit and deemed acceptable and appropriate by Council officers.
Issue 8: Unreasonable and unsafe to allow rezoning as this would permit land use that is
inconsistent and incompatible with the adjoining B7 – Business Park zone and threaten the
existing industrial zone. Threaten the financial viability of the adjoining industrial land.
Response: Due to the split zone (i.e. B4 and B7) of the site, it prevents the comprehensive
redevelopment of the site. The proposed rezoning will not set a precedent for other B7 zoned
lands within the South Botany area as it is the only site in Botany which comprises of split
zoning.
As indicated previously, the application only seeks to rezone a small amount of land from B7
– Business Park to B4 – Mixed Use zone and will not significantly reduce employment or
industrial land opportunity within the Botany Bay LGA.
Based on the recommendation of the BBPS 2031, Council intended to utilise South Botany
area for light industry purposes and to encourage a “live-work area”. Hence, the South Botany
was zoned as B7 – Business Park as part of the comprehensive LEP. The objectives of the B7
– Business Park zone are as follows:
 To provide a range of office and light industrial uses.
 To encourage employment opportunities.
 To enable other land uses that provides facilities or services to meet the day to day needs
of workers in the area.
 To encourage uses in the arts, technology, production and design sectors.
Under the B7 – Business Park zone, general and heavy industrial uses are prohibited. It is
noted that a number of properties located at Cranbrook Street, Margate Street and Tenterden
Street are currently being used for general industrial purposes which may impact on the
amenity of the subject site. However, these uses have been in operation prior to the
introduction of the BBLEP 2013 and are currently relying on existing use right for the
continuing operations. Council anticipates that the existing uses will be replaced by office and
light industrial uses in the future. According to the BBLEP 2013, office premises and light
industrial are defined as follows:
light industry means a building or place used to carry out an industrial activity
that does not interfere with the amenity of the neighbourhood by reason of noise,
vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste
products, grit or oil, or otherwise, and includes any of the following:
(a)
high technology industry,
(b)
home industry.
office premises means a building or place used for the purpose of administrative,
clerical, technical, professional or similar activities that do not include dealing
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with members of the public at the building or place on a direct and regular basis,
except where such dealing is a minor activity (by appointment) that is ancillary to
the main purpose for which the building or place is used.
Based on the above definition, it is likely the permitted uses (i.e. residential flat buildings)
under B4 – Mixed Use zone can function in conjunction with future light industry and office
premises and unlikely threaten the financial viability of the adjoining industrial land.
All future developments at the site will be subjected to a development application. The likely
impact of the proposed development will be considered and assessed during the development
assessment stage in accordance with Section 79C of the EP&A Act.
Council will ensure that the future uses within the BSIP do not adversely impact on the
adjoining properties and fulfil the landuse definition contained in the BBLEP 2013. This can
be illustrated by the refusal of the development application (DA13/168) at 26 Cranbrook
Street which seeks the change of use of the existing industrial premises to provide a support
service within the construction industry comprising the storage and off-site maintenance of
equipment used for excavating foundations, piling and the like at various current construction
sites. The application was refused by Council as it “does not fulfil the definition of a ‘light
industry” and “create adverse environmental impacts to the amenity of the local area and
adjoining properties”.
Similarly, Council can impose appropriate conditions to the development consent to safeguard
the amenity of the neighbourhood such as issuing time limited trial consent and/or requiring
new development to comply with relevant noise and odour criteria; limiting truck sizes and
movements routes; setting core hours of operations; and prohibiting the servicing of repair of
any of equipment stored on the site.
Issue 9: The proposed childcare centre is incompatible with the existing industrial uses
Response: As part of the pre-development application, a conceptual design (dated 8 July
2013) was submitted to Council for comments and feedback. The conceptual design proposes
to locate child care centre at the rear of the site with residential flat buildings fronting Botany
Road and adjoining the eastern side boundary. The childcare centre will act as a buffer to the
adjoining light industrial uses.
At the pre-development application meeting held on 16 July 2013, Council indicated that the
child care centre will not be supported and other uses (i.e. car parking) should be considered.
Council’s view was again reiterated in it written correspondence to the proponent stating that
the concept design cannot be supported and the proposed child care centre should not be used
as a buffer.
Issue 10: Council should conduct a comprehensive review of Botany South prior to the
rezoning of the subject site
Response: The application only seeks to rezone a proportion of land for residential purposes.
As illustrated in the planning proposal and this report, the rezoning is unlikely to impact on
the function of the BSIP and is compatible with the desired future character of Botany South.
Furthermore, the proponent has demonstrated that the future residential units, if approved, can
be acoustically treated to achieve compliance with the Building Code of Australia and
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mitigation measures have been proposed to minimise adverse impacts generated by the
adjoining properties such as utilising the car park as buffer and appropriate side and rear
setbacks. Therefore, the rezoning is considered appropriate and suitable.
In the future, Council may conduct a comprehensive review of Botany South to evaluate the
effectiveness and practically of the B4 and B7 zone.
Issue 11: The PP is not the result of any strategic planning study or report
Response: An application was made by SJB Planning, on the behalf of Dunning 77 Pty Ltd,
seeking amendment to the BBLEP 2013. In their submission, the proponent has indicated that
the split zoning on the subject site (i.e. B4 – Mixed Use and B7 – Business Park) will prevent
the “comprehensive redevelopment” of the landholding as a whole. However, Council officers
have undertaken a comprehensive evaluation of the proponent request and considered the
proposal as acceptable and reasonable for the following reasons:
 The rezoning of the site is the result of a technical constraint of the site (i.e. the site has a
split zoning which consists of B4 and B7 zones);
 The proposal seeks to rezone a small proportion of B7 zone landed (approximately
3,202sqm) and will not result in the significant reduction of the employment land within
the Botany Bay LGA;
 Only site consists of a split zoning within the Botany South Industrial Precinct and is
unlikely to set a precedent for other B7 zoned lands; and
 The proposal is consistent with the desired future character of Botany South as outlined in
the BBDCP 2013.
Issue 12: Installation of a turntable would enable light industrial to operate on the site
Response: The proponent indicates the subject site is unsuitable for light industrial use as it
will require setting aside approximately 60% of the site for truck manoeuvring purposes. The
objector indicated that the installation of a truck turntable will enable the site to be used as
light industrial and the rezoning will not be required. The proponent has conducted an
investigation to the installation of a truck turntable and provides the following comments:
The concern arises from multiple tenancies relying upon a turntable. The time
taken for the turntables to operate and the logistics of co-ordinating access to the
turntable between multiple non-related tenancies makes them unattractive to
owners and tenants. From our experience and the experience of traffic engineers
we have consulted is that they are useful in single tenancy applications where the
management and operational issues are much more readily dealt with. The
portion of the site currently zoned B7 having no direct frontage is unlikely to be
attractive for a single tenancy operator.
Secondly, the use of a turntable does not address the conflict issue. The objections
have raised concerns over the management of the interface between B4 and B7
uses. We agree that this is an issue to be addressed and managed and the
Council’s DCP recognises this fact. In this situation there is not an interface to be
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managed, as to leave the split zoning as it is would require B7 traffic and
associated vehicles to traverse through a B4 development. It is this conflict that
the Planning Proposal seeks to overcome and is not a land use conflict that can
be readily managed when traffic traverses through a development rather than two
sites abutting each other which can have the interface managed through
combinations of setbacks, acoustic screening and landscaping.
Therefore while the turntable is an option, in a multiple tenancy situation they are
impractical and undesirable and would necessitate B7 uses and associated traffic
traversing through a B4 development.
Issue 13: A Public Hearing is requested to ensure the concerns raised have been fully
considered by Council
A public hearing has been requested by an objector to ensure the concerns raised in the
written submission have been fully considered by Council.
Section 57(5) of the EP&A Act set out the requirements of a public hearing which are as
follows:
(5)
If:
(a)
a person making a submission so requests, and
(b)
the relevant planning authority considers that the issues raised in a
submission are of such significance that they should be the subject of a
hearing,
(c)
the relevant planning authority is to arrange a public hearing on the
issues raised in the submission.
Section 5.5.3 of the A guide to preparing local environmental plans prepared by the
Department of Planning & Environment (dated April 2013) provides further commentary to
public hearing.
Council officers have reviewed the written objection and do not consider that the issues raised
in the submission are of such significance that a public hearing is required. The following
reasons are provided:
 The rezoning of the site is the result of a technical constraint of the site (i.e. the site has a
split zoning which consists of B4 and B7 zones). Hence, it will not set a precedent for
other B7 zoned lands within the South Botany area.
 The proposal seeks to rezone a small proportion of B7 zone landed (approximately
3,202sqm) which represents a loss of 0.48% of employment land within the Botany area or
0.07% of employment land within the Botany Bay LGA.
 The proposal is consistent with the desired future character of Botany South;
 General industry is prohibited in the B7 zone in the BBLEP 2013. Any development
application seeking to utilise B7 zoned land for industrial uses which will interfere with the
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amenity of the neighbourhood (such as noise, vibration, smell, fumes, etc…) will not be
supported by Council. Therefore, the future uses on the B7 zoned land will not be
incompatible with the proposed residential flat buildings;
 It is noted that a number of “general industrial uses” are currently operating in the vicinity
of the site. These uses are relying on existing use rights for the continue operation and once
the existing use rights lapse, these uses will no longer be permissible on the B7 zoned land;
 Possible mitigation measures have been identified by the proponent which will minimise
adverse impacts from the adjoining general industrial uses. However, all future
development on the site will be subjected to the development application process;
 Council will ensure that future developments within the BSIP comply with Section 9B
(Botany South) of the BBDCP 2013;
 Future developments (excluding works permitted under SEPP (Exempt and Complying
Development Codes) 2008,) are subject to consent. Any significant adverse environmental
impacts can be addressed during the development application stage;
 Appropriate conditions can be incorporated into a future development consent to ensure the
amenities of the neighbouring properties are protected; and
 Two submissions were received by Council. However, both submissions are submitted
from the same property owner.
Next Step
It is also recommended that in accordance with the instrument of delegations under Section 59
of the Environmental Planning and Assessment (EP&A) Act 1979, the Committee forward the
amended Planning Proposal to Council for adoption and endorsement of the making of the
plan. The planning proposal will be then forwarded to the NSW Department of Planning &
Environment for gazettal.
Conclusion
The proposed B4 - Mixed Use is generally compatible with the B7 zone and will have
minimum impacts on the BSIP. Potential mitigation measures identified by the proponent are
able to be incorporated into the design of the residential buildings at the development
application stage which will minimise the adverse impacts (i.e. noise) generated from the
adjoining general industrial uses and enable the continue operations of the adjoining uses.
As illustrated above, all relevant matters raised in the submissions have been considered by
Council officers and have been discussed in the report.
Take into consideration the unique nature (i.e. split zoning) of the site and desired future
character of the Botany South, the planning proposal is deemed satisfactory and should be
adopted and forwarded to the NSW Department of Planning & Environment for gazettal.
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25 NOVEMBER 2015
MINUTES OF COMMITTEES
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ORDINARY COUNCIL MEETING
25 NOVEMBER 2015
10.1 MINUTES OF THE CITY SERVICES COMMITTEE MEETING
HELD ON 18 NOVEMBER 2015
Page 17
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25 NOVEMBER 2015
A MEETING OF THE CITY SERVICES COMMITTEE OF BOTANY
BAY CITY COUNCIL WAS HELD ON 18 NOVEMBER 2015 IN
BOTANY TOWN HALL, CNR EDWARD STREET AND BOTANY
ROAD, BOTANY, COMMENCING AT 6:35 PM.
1
ATTENDANCE
COUNCILLORS:
Councillor Stan Kondilios (Deputy Mayor)
Councillor Mark Castle
Councillor George Glinatsis
Councillor Greg Mitchell
Councillor Brian Troy
ALSO PRESENT:
Ms Lorraine Cullinane, Deputy General Manager
Ms Heather Warton, Director of City Planning and Environment
Mr Stuart Dutton, Director of City Infrastructure
Cathy McMahon, Manager of Strategic Planning
2
APOLOGIES
An apology was received from His Worship the Mayor, Councillor Ben Keneally and
Councillor Christina Curry.
On the motion of Councillor Troy, seconded Councillor Glinatsis
The apology be received and a leave of absence be granted.
3
CONFIRMATION OF MINUTES
On the motion of Councillor Keneally, seconded Councillor Mitchell
THAT:
4
The Minutes of the City Services Committee held on 21 October 2015 be
received and confirmed as a true record of proceedings.
DECLARATION OF INTERESTS
Councillor Glinatsis declared a significant non-pecuniary interest in Item 5.1 Luland Street, Botany – Proposed Parking Restrictions.
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5
25 NOVEMBER 2015
REPORTS
Councillor Glinatsis reiterated his significant non-pecuniary interest in Item 5.1 Luland Street, Botany – Proposed Parking Restrictions and left the room. Councillor
Glinatsis did not participate in the discussion of this item; nor did he vote in respect
of this item.
5.1
LULAND STREET, BOTANY - PROPOSED PARKING
RESTRICTIONS
File No:
ROAD-179
On the motion of Councillor Kondilios, seconded Councillor Troy
THAT:
Consideration of this item be deferred to the meeting of the
Policies and Priorities Committee dated 9 December 2015 to
allow discussion between the land owner, tenants and Council
officers to occur and to consider and prepare further options.
Councillor Glinatsis returned to the Committee Room.
5.2
RENEWAL OF AN ALCOHOL-FREE ZONE AND AN ALCOHOL
PROHIBITED AREA - L'ESTRANGE PARK, MASCOT
File No:
S14/108
On the motion of Councillor Mitchell, seconded Councillor Troy
THAT:
1.
Pursuant to Section 632(A)(4) of the Local Government Act 1993,
Council resolve to declare L’Estrange Park Mascot as an Alcohol
Prohibited Area, between sunset one day and sunrise the
following day for a further period of four years;
2.
Pursuant to Section 644 of the Local Government Act 1993,
Council resolve to re-establish Alcohol-Free Zone No.6 –
public roads in the vicinity of L’Estrange Park Mascot for a
further period of four years; and
3.
Notice of Council’s decision be published in the local newspaper in
the manner required by the provisions of the Local Government Act
1993; NSW Police and affected licencees be advised; and appropriate
signage be erected.
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25 NOVEMBER 2015
INFRASTRUCTURE WORKS PROGRAM - UPDATE
File No:
S15/84
On the motion of Councillor Mitchell, seconded Councillor Troy
THAT:
5.4
The report of the Director City Infrastructure be received and
noted.
DELIVERY OF KEY SERVICES
File No:
S15/122
On the motion of Councillor Kondilios, seconded Councillor Glinatsis
THAT:
5.5
The report of the Director City Infrastructure be received and
noted.
FIRMSTONE RESERVE, PAGEWOOD - DECOMMISSIONING OF
PLAYGROUND
File No:
PARK(18)
On the motion of Councillor Troy, seconded Councillor Mitchell
THAT:
5.6
1.
The report of the Director – City Services be received and noted;
2.
A replacement swing set be purchased and installed in Jellicoe Park.
3.
Residents surrounding Firmstone Reserve be advised in writing that
the swings are to be decommissioned.
COMMEMORATIVE NAME SIGNS FOR DACEYVILLE AND
NORTH PAGEWOOD - DEPARTMENT OF VETERAN AFFAIRS
GRANT
File No:
09/161
On the motion of Councillor Kondilios, seconded Councillor Glinatsis
THAT:
1.
The Report of the Director – City Services be noted;
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ORDINARY COUNCIL MEETING
2.
5.7
25 NOVEMBER 2015
Option 1 sign be approved for nominated streets in Daceyville and
Pagewood.
UPDATE OF THE PROPOSED PAGE STREET AND WENTWORTH
AVENUE INTERSECTION UPGRADE PROGRAMME
File No:
ROAD-223.03
On the motion of Councillor Troy, seconded Councillor Kondilios
THAT:
5.8
1.
The report of the Director City Infrastructure be noted.
2.
Option Two for works to the Wentworth Avenue / Page Street
intersection be endorsed.
3.
Community Consultation for Option Two works to the Wentworth
Avenue / Page Street intersection be undertaken.
ROWLAND PARK - LIVE LIFE GET ACTIVE PROGRAM
File No:
PARK(47).04
On the motion of Councillor Kondilios, seconded Councillor Mitchell
THAT:
5.9
1.
The report on the Live Life Get Active Program be received and
noted.
2.
Rowland Park be offered to Live Life Get Active for its onsite
exercise programs for up to 30 participants for 2015/2016 and the
usual site fees be waived.
WASTE MANAGEMENT UPDATE
File No:
09/41
On the motion of Councillor Kondilios, seconded Councillor Troy
THAT:
1.
The report from the Director City Infrastructure be noted.
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2.
5.10
25 NOVEMBER 2015
Waste collection from the six (6) listed properties in the Mascot
Station area be changed from the current Friday morning collection to
a Tuesday morning collection and “No Parking” restrictions be
amended to reflect this.
RELOCATION OF STREET POST BOXES AT MASCOT STATION
File No:
ROAD-306
On the motion of Councillor Kondilios, seconded Councillor Troy
THAT:
5.11
1.
The report of the Director City Infrastructure be received and noted.
2.
Council support Australia Posts removal of the SPBs from Coward
Street and from Bourke Road and merge both locations into one new
red and gold SPB location near the entrance of Mascot Railway
Station.
3.
Notify Australia Post of Councils support for the proposal.
4.
A report be prepared for the LTC to amend parking and signage
arrangements outside Mascot Station and remove the existing SPB
zones in Coward Street and Bourke Road.
COMPLIANCE AND PARKING ENFORCEMENT REPORT
File No:
10/35-02
On the motion of Councillor Mitchell, seconded Councillor Troy
THAT:
6
The report be received and noted
MINUTES OF COMMITTEES
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6.1
25 NOVEMBER 2015
MINUTES OF THE LOCAL TRAFFIC COMMITTEE MEETING
HELD ON 2 NOVEMBER 2015
File No:
S15/48
On the motion of Councillor Mitchell, seconded Councillor Troy
THAT:
7
The Minutes of the Local Traffic Committee meeting held on 02
November 2015 be received and the recommendations contained
therein be approved and adopted.
CLOSURE OF CITY SERVICES COMMITTEE MEETING
Councillor Castle closed the meeting at 8:10 pm.
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10.2 MINUTES OF THE FINANCE AND PERFORMANCE
COMMITTEE MEETING HELD ON 18 NOVEMBER 2015
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25 NOVEMBER 2015
A MEETING OF THE FINANCE AND PERFORMANCE COMMITTEE
OF BOTANY BAY CITY COUNCIL WAS HELD ON 18 NOVEMBER
2015 IN BOTANY TOWN HALL, CNR EDWARD STREET AND
BOTANY ROAD, BOTANY, COMMENCING AT 6:35 PM.
1
ATTENDANCE
COUNCILLORS:
Councillor Stan Kondilios (Deputy Mayor)
Councillor Mark Castle
Councillor George Glinatsis
Councillor Greg Mitchell
Councillor Brian Troy
ALSO PRESENT:
Ms Lorraine Cullinane, Deputy General Manager
Ms Heather Warton, Director of City Planning and Environment
Mr Stuart Dutton, Director of City Infrastructure
Cathy McMahon, Manager of Strategic Planning
2
APOLOGIES
Apologies were received from His Worship the Mayor, Councillor Ben Keneally and
Councillor Christina Curry.
On the motion of Councillor Troy, seconded Councillor Glinatsis
The apologies be received and a leave of absence be granted.
3
CONFIRMATION OF MINUTES
On the motion of Councillor Troy, seconded Councillor Mitchell
THAT:
4
The Minutes of the Finance and Performance Committee held on 21
October 2015 be received and confirmed as a true record of proceedings.
DECLARATION OF INTERESTS
There were no declarations of interest.
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5
25 NOVEMBER 2015
REPORTS
5.1
INVESTMENTS AS AT 31 OCTOBER 2015
File No:
S15/72
On the motion of Councillor Kondilios, seconded Councillor Mitchell
THAT:
5.2
The report be received and noted.
2014/2015 FINANCIAL REPORTS
File No:
S15/72
On the motion of Councillor Kondilios, seconded Councillor Mitchell
THAT:
6
The Financial Reports for the year ended 30 June 2015 be
adopted.
CLOSURE OF FINANCE AND PERFORMANCE COMMITTEE
MEETING
Councillor Glinatsis closed the meeting at 8:15 pm.
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10.3 MINUTES OF THE POLICIES AND PRIORITIES COMMITTEE
MEETING HELD ON 25 NOVEMBER 2015
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25 NOVEMBER 2015
A MEETING OF THE POLICIES AND PRIORITIES COMMITTEE OF
BOTANY BAY CITY COUNCIL WAS HELD ON 25 NOVEMBER 2015
IN BOTANY TOWN HALL, CNR EDWARD STREET AND BOTANY
ROAD, BOTANY, COMMENCING AT 6:30 PM.
1
ATTENDANCE
COUNCILLORS:
Councillor Stan Kondilios (Deputy Mayor)
Councillor Mark Castle
Councillor Christina Curry
Councillor George Glinatsis
Councillor Greg Mitchell
Councillor Brian Troy
ALSO PRESENT:
Ms Lara Kirchner, General Manager
Ms Lorraine Cullinane, Deputy General Manager
Ms Heather Warton, Director of City Planning and Environment
Mr Stuart Dutton, Director of City Infrastructure
2
APOLOGIES
An apology was received from His Worship the Mayor, Councillor Ben Keneally
On the motion of Councillor Kondilios, seconded Councillor Glinatsis
The apology be received and a leave of absence be granted.
3
CONFIRMATION OF MINUTES
On the motion of Councillor Mitchell, seconded Councillor Glinatsis
THAT:
4
The Minutes of the Policies and Priorities Meeting held on 28 October
2015 be received and confirmed as a true record of proceedings.
DECLARATION OF INTERESTS
There were no declarations of interest.
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25 NOVEMBER 2015
REPORTS
5.1
CODE OF CONDUCT - STATISTICAL REPORTING
File No:
S12/100
On the motion of Councillor Kondilios, seconded Councillor Castle
THAT:
5.2
The Report be received and noted.
SECTION 252 - PAYMENT OF EXPENSES AND PROVISION OF
FACILITIES
File No:
10/100
On the motion of Councillor Mitchell, seconded Councillor Glinatsis
THAT:
5.3
Council adopt the Payment of Expenses and Provision of
Facilities Policy.
POLICY REVIEW
File No:
12/67
On the motion of Councillor Mitchell, seconded Councillor Kondilios
THAT:
Council adopt the following policies dated November 2015:
 Organisational Values Policy
 Internal Reporting Policy
 Communication Devices Policy
 Corporate Credit Card and Store Card Policy
 Petty Cash Policy
6
CLOSURE OF POLICIES AND PRIORITIES COMMITTEE
MEETING
Councillor Troy closed the meeting at 6:35 pm.
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25 NOVEMBER 2015
COUNCIL MEETING CLOSURE
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25 NOVEMBER 2015
ATTACHMENTS
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9.1 - PLANNING PROPOSAL NO.6/2014 - 1549 BOTANY ROAD, BOTANY - RESULTS OF COMMUNITY CONSULTATION
SUBMISSION DATED 24 AUGUST 2015
24 August 2015
Diane Quittner
C/O Eva Quittner
211 Deepwater Road
Castlecove NSW 2069
Mobile: 0415269692
Email: dianequittner@bigpond.com
General Manager,
City of Botany Bay
PO Box 331
Mascot NSW 1460
Dear Sir/Madam
Re: Community Consultation under Sections 56(2)(c) and 57 of the Environmental
Planning & Assessment Act 1979 – Planning Proposal to amend the Botany Bay Local
Environmental Plan 2013 – Proposed rezoning of land at 1549 Botany Road
I am writing on behalf and in response to your letter dated 24 July 2015 (Ref S14/104) to my
mother Mrs Eva Quittner at 211 Deepwater Road, Castle cove 2069. She is the owner of 26
Cranbrook Street Botany and was notified by Botany Council of the above Planning Proposal
because she owns land (26 Cranbrook Street Botany), which is adjacent to the sites proposed
to be rezoned.
The purpose of this letter is to lodge an objection to the proposed rezoning of Lot Y DP 417308,
Part Lot B DP 354414 and Lot 1 DP 130719) from B7: Business Park to B4: Mixed Use.
We are aware that the aim of the zoning change request by the owners is so that they can
develop residential flat buildings, retail premises and a childcare centre.
We are very concerned about the implications and potential economic, social and
environmental impact of a residential property and childcare centre behind our industrial
property – which we have owned and operated as such for nearly 50 years.
We believe it is unreasonable and unsafe to allow rezoning as this would permit land use that
is not consistent with the B7 zoning which applies to our property and those adjacent to us.
Given our property and those adjacent to us have already been impacted by the rezoning
process introduced by Botany Council as recently as two years ago via the Botany Bay Local
Environmental Plan 2013, we do not believe it is reasonable to allow a one-off spot rezoning of
an adjacent property to take place so soon – particularly given it can and is likely to have a
negative impact and on our industrial property. Rezoning to B4 would threaten the existing
industrial zone.
We think it is more reasonable to consider any zoning changes to 1549 Botany Road and all
other properties in the area when the entire area is reviewed cohesively under the next regular
Botany Bay Environmental Plan, with proper consultation. This will allow owners of all
properties in the area to be treated more fairly and consistently to receive equal opportunities
for changed and more flexible uses of their properties in a planned, coherent and economically
viable manner.
For the same reason that Botany Council initially rejected an application from the owners of
1549 Botany Road to enable residential developments at the rear of their property (Lot 1
DP.130719: Lot B DP.354414 and Lot Y DP.417308), because this would contradict the
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9.1 - PLANNING PROPOSAL NO.6/2014 - 1549 BOTANY ROAD, BOTANY - RESULTS OF COMMUNITY CONSULTATION
SUBMISSION DATED 24 AUGUST 2015
objectives of the B7- Business Park zone, we believe rezoning the property behind ours to B4 –
Mixed Use, creates the same problems between their property and ours at 26 Cranbrook St
We do not believe B4 zoning and the intended plans to develop a childcare centre and
residential units is a compatible land use to an adjacent B7 property. Our building and large
open hardstand areas were built over 45 years ago for the purpose of industrial use, like most
of the properties that surround us which are zoned B7.
Our property in particular would be affected by the proposed rezoning and proposed
developments behind us given our size and our unique and large, open hardstand area that
permits work to be conducted outdoors.
We believe a childcare centre & residential flats immediately behind our open hard stand area
would be unsafe and detrimentally affect the amenity of our premises and is antipathetic to the
objective of B7 – Business park zone.
We are very concerned that it will threaten our property’s financial viability and my mother’s
livelihood if the potential to attract and retain tenants for uses that fit into the B7 zoning and
for which our facilities were built, generates conflict and complaints from our neighbours.
There will be no buffer zone as recommended in the Botany South Industry Study between
proposed residential properties and our property (see Appendix 6 of City of Botany Bay
Planning Proposal No 6/2014). The study recommended that a “buffer zone” be established
between residential properties and heavier uses. The intent of the buffer one is to “provide a
softer edge to the residential uses, reducing the impact of the industrial area…” On page 20 of
the Planning Proposal under 7.1, there is mention of a “2 story car parking being located to the
rear of the site which provides a buffer to the industrial uses located at 1-9 Margate Street”, but
there is no mention of providing a buffer to 26 Cranbrook Street Botany.
“Clause 5.3 (4) (Development near zone boundaries) of the BBLEP 2013 states it is
inconsistent with the objectives for development in both zones. Residential flat buildings are
inconsistent with the objectives of the B7 zone. Therefore Clause 5.3 will not be applicable”.
Changing the zoning in the property behind ours to B4 does not solve the underlying problem
of the distinction between industrial and residential areas. It just moves the problem to our
property. Furthermore it reduces business confidence in our area and is highly problematic.
In conclusion, we are very concerned about potentially suffering damage and economic loss if
this spot rezoning takes place. We believe it will add to rather than reduce the zoning
ambiguity in the area. Residential encroachment onto our industrial land will lead to
complaints from residents and constraints on operating times and activities. “Mixed industrial
areas do not work” (Botany South Industry Study – page 3).
Whilst we appreciate the challenges the owners of 1549 Botany Road face in order to maximise
their property’s development potential in the short term, we don’t believe spot rezoning to
meet their needs at this time should be allowed at the expense of our property; nor is it fair for
the economic viability of our property to be threatened. Thank you for your consideration. I
can be contacted me directly on 0415 269692.
Yours sincerely
Diane Quittner – POA: Eva Quittner (POA doc enclosed)
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9.1 - PLA
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ANNING PROPO
OSAL NO. 6/2014
PLA
Ms Hea
ather Warton
Directorr City Plann
ning & Envirronment
City of B
Botany Bayy
141 Cow
ward
Mascot 2020
Ph: (02) 9366 3666
6
council@
@botanyba
ay.nsw.gov.au
P
PLANNIING PR
ROPOS
SAL No
o.6/2014
4 – Rezzone Land
L
a
at 1549
9 Botan
ny Roa
ad, Bota
any fro
om B7 Busine
ess
Park to
o B4 Mixed
M
Use
U
(Departmentt’s Refere
ence: PP_
_2015_B
BOTAN_0
002_00)
Se
eptember 20
015
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ANNING PROPO
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PLA
INTRO
ODUCTIO
ON
The Pla
anning Prop
posal relate
es 3 parcelss of land lo
ocated at No. 1549 Bootany Road, Botany
(Lot Y DP 417308
8, Part Lott B DP 354
4414 and Lot
L 1 DP 130719).
1
Thhe site is currently
c
occupie
ed by a range of indus
strial buildin
ngs. To the rear of the site is a sttormwater drainage
d
channe
el. Refer to Figure 1 - Aerial
A
Pho tograph for the locatio
on of the su bject site.
The site
e is located on the south-western edge of a larger indus
strial precincct broadly bound
b
by
Botany Road to th
he south an
nd west, Wiilson Streett to the eas
st and Ayleesbury Stree
et to the
north. T
The industriial developm
ment includ
des a divers
sity of larger footprint bbuildings through to
small lo
ot buildings.. Properties
s located so
outh of the site
s (separate by Botanny Road) arre zoned
as R2 – Low Denssity Residen
ntial and pre
edominantly
y used as single detachhed dwelling
gs.
The site
e is located
d between Botany
B
Villa
age to the north
n
and Banksmeado
B
ow Small Village
V
to
the south-east. The site is als
so located w
within the Po
ort Botany & Environ S
Specialised Precinct
ed in the dra
aft East Sub
bregional Sttrategy.
identifie
Councill requests for
f delegatiion of the p
plan making
g function for
f this plannning proposal. An
Evaluattion Criteria
a for the De
elegation off Plan Makin
ng Function
n can be fouund in Atta
achment
12.
Figure 1 – Aerial p
photograph
h of the sub
bject site
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PLA
Figure
e 2 – Zonin
ng Map
Figure 3 – Land Af
Affected by Planning Proposal
P
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9.1 - PLANNING PROPOSAL NO.6/2014 - 1549 BOTANY ROAD, BOTANY - RESULTS OF COMMUNITY CONSULTATION
PLANNING PROPOSAL NO. 6/2014
Address of Land
The properties subject to this Planning Proposal are listed below:
Address
Lot and DP
Zoning - Botany Bay Local
Environmental Plan 2013
1549 Botany Road,
Mascot
Lot Y DP 417308
B7 – Business Park
1549 Botany Road,
Mascot
Part Lot B DP 354414
B7 – Business Park
B4 – Mixed Use
1549 Botany Road,
Mascot
Lot 1 DP 130719
B7 – Business Park
B4 – Mixed Use
Table 1 – Properties subject to the Planning Proposal
Relevant Planning Controls
The land subject to this Planning Proposal is part of a larger site which is subject to a split
zoning. The street front half of the site is zoned as B4 - Mixed use and the rear half of the
site is zoned B7 - Business Park (Figure 3 – Zoning).The Planning Proposal only relates to
that part of the land zoned B7 – Business Park.
The objectives of the B4 zone are as follows:
• To provide a mixture of compatible land uses.
• To integrate suitable business, office, residential, retail and other development in
accessible locations so as to maximise public transport patronage and encourage walking
and cycling.
The B4 zone permits the following uses with development consent:
Boarding houses; Child care centres; Commercial premises; Community facilities; Dwelling
houses; Educational establishments; Entertainment facilities; Function centres; Hotel or
motel accommodation; Information and education facilities; Light industries; Medical centres;
Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Residential flat
buildings; Respite day care centres; Restricted premises; Roads; Seniors housing; Shop top
housing; Any other development not specified in item 2 or 4
The objectives of the B7 zone are as follows:
• To provide a range of office and light industrial uses.
• To encourage employment opportunities.
• To enable other land uses that provides facilities or services to meet the day to day needs
of workers in the area.
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• To encourage uses in the arts, technology, production and design sectors.
The B7 zone permits the following uses with development consent:
Child care centres; Dwelling houses; Food and drink premises; Home industries; Light
industries; Neighbourhood shops; Office premises; Passenger transport facilities; Respite
day care centres; Roads; Vehicle sales or hire premises; Warehouse or distribution centres;
Any other development not specified in item 2 or 4
The Planning Proposal seeks to rezone land at 1549 Botany Road, Botany (Lot Y DP
417308, Part Lot B DP 354414 and Lot 1 DP 130719) from B7 – Business Park to B4 –
Mixed Use.
A landuse comparison table can be found in Attachment 5.
History & Council Resolution
Botany Local Environmental Plan (BLEP) 1995
The subject site was zoned 4(b) – Mixed Industrial. The objectives of the 4(b) zone are as
follows:
• The primary objective is to improve the environmental amenity of the locality by
encouraging the upgrading and redevelopment of properties for light industrial, retail and
commercial uses which would not detract from the amenity of the area by reason of the
size or type of activity proposed.
• The secondary objectives are:
(a)
to ensure that any development which occurs is commensurate with the capacity of
the road network in the vicinity;
(b)
to ensure that development by the nature of its operations does not detrimentally
affect the environment or the amenity of adjoining or adjacent residential premises;
and
(c)
to encourage energy efficiency and energy conservation in all forms of development
permissible within the zone.
The 4(b) zone permits the following uses with development consent:
Automotive uses; building identification signs; business identification signs; car repair
stations; child care centres; clubs; commercial premises; community facilities; convenience
shops or facilities; high technology industries; hotels; light goods dispatch; light industries;
recreation facilities; refreshment rooms; service stations; subdivision; taverns; tradespersons’
supply and service stores; utility installations; vehicle rental centres.
Demolition of any building or work, archaeological site, potential archaeological site shown
on the map, place of Aboriginal heritage significance, or potential place of Aboriginal heritage
significance shown on the map.
A landuse comparison table can be found in Attachment 5.
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Botany South Industry Study
In 2003, Council engaged SGS Economics & Planning to assess the potential for renewal of
the Botany south area in Botany Bay LGA. The study recommended that a ‘buffer zone’ be
established between the residential (i.e. south of Botany Road) and heavier industrial uses.
The intent of the buffer zone is to “provide a softer edge to the residential uses, reducing the
impact of the industrial area on these dwelling and increasing the level of amenity for
residents”. It is also stated that industrial uses may be appropriate in the buffer zone if the
use (such as offices, light assembly, wholesale and light warehousing facility) “emit low
levels of noise, provide high level of privacy for residents (limited overlooking) and create a
positive perception of the industrial area (contained uses that are not easily viewed from the
public domain or present well to it)”. An extract of the study can be found in Appendix 6.
Botany Bay Local Environmental Plan (BBLEP) 2013
Buffer Zone
Based on the recommendation of the Botany South Industry Study, a buffer zone (i.e. B4 –
Mixed Uses) has been incorporated into the draft Botany Bay Local Environmental Plan
(BBLEP) 2012. The buffer zone is bounded by Botany Road, Cranbrook Street, Salisbury
Street, Hasting Street, Cranbook Street, Sir Joseph Banks Street, Aylesbury Street and
Pemberton Street.
The buffer zone (i.e. B4 zone) has been provided along lot boundaries with the majority of B7
zoned land having direct frontage to an existing street.
Public Exhibition
In accordance with the EP&A Act 1979, the draft BBLEP 2012 (i.e. Standard Instrument) was
placed on public exhibition from Thursday 22 May 2012 to Friday 22 June 2012.
Consequently, the proponent made a representation to Council to rezone the subject site
(i.e. Lot Y DP 417308; Part Lot B DP 354414; and Lot 1 DP 130719) to B4 – Mixed Use.
Council considered all the matters raised in the submissions and noted the representation
made by the proponent. As illustrated in Attachment 7, minimal supporting information and
justification was provided. Hence, Council was unable to support the request as part of the
standard instrument process. Furthermore, Council considered the amendment sought is
“substantially different” from that which was the subject of public exhibition. Therefore, reexhibition of the draft LEP will be required. To avoid further postponement to the standard
instrument, the request was not supported by Council.
A copy of Council’s letter can be found in Attachment 8.
The BBLEP 2013 was gazetted on 21 June 2013 and commenced on 26 June 2013.
Pre-Development Application
A pre-development application meeting was held on 16 July 2013. The proponent presented
conceptual designs to Council for the construction of retail premises, residential flat buildings
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and child care centre. A copy of the pre-development application plans can be found in
Attachment 13.
On 26 July 2013, Council provided a written correspondence to the proponent stating that
the concepts cannot be supported. However, Council would consider a planning proposal to
provide for a single zone over the entire site and requires the following key principles to be
addressed:
 Facilitate an active street frontage to Botany Road;
 Present a single driveway crossing to basement car parking;
 Provide for employment opportunities which enhance and diversify the area;
 Present a mix of employment and residential opportunities;
 Design the built form mitigate any impact resulting from surrounding light industrial uses;
 Maintain compliance with Council’s Car Parking DCP and residential apartment sizes for
any residential component;
 Present a maximum FSR of 1:1;
 Present a maximum building height of 12m; and
 Facilitate opportunities for deep soil planting along boundaries of the subject site.
A copy of the Council’s written correspondence can be found in Attachment 14.
Planning Proposal
On 30 July 2014, an application was made by SJB Planning, on the behalf of Dunning 77 Pty
Ltd (the owner of the subject land), seeking the following:
1)
Incorporate residential flat buildings as an additional permitted land use
within Schedule 1 of the BBLEP 2013.
According to the draft Practice Note dated September 2012 prepared by the Department of
Planning & Environment (DP&E), “Schedule 1 should not be used if the proposed land use
could be permitted by an existing or future zoning”. Hence, Council does not support the
incorporation of residential flat buildings into Schedule 1 of the BBLEP 2013.
Furthermore, Clause 2.3(2) of the BBLEP 2013 states:
The consent authority must have regard to the objectives for development in a
zone when determining a development in respect of land within the zone.
Residential flat buildings are ‘antipathetic’ to the objective of the B7 – Business Park zone,
thus preventing Council from issuing development consent.
Based on above reason, Council recommend that the site be rezoned from B7 – Business
Park to B4 – Mixed Use which enables coherent and coordinate development of the property
and permitting residential flat buildings, subject to Council’s consent.
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Given the active street frontage along Botany Road, non-residential development will be
prohibited on the ground floor. All premises on the ground floor of the building facing the
street are to be used for the purposes of business premises or retail premises.
Council Resolution
At the Ordinary Council Meeting held on 9 December 2014, it (the Council) resolved to
prepare a Planning Proposal to rezone Lot Y DP 417308, Part Lot B DP 354414 and Lot 1
DP 130719 from B7 – Business Park to B4 – Mixed Use.
A copy of the Council’s Report and Resolution can be found in Attachment 3.
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PART 1 - OBJECTIVES OR INTENDED OUTCOMES
Objectives or Intended Outcomes
This Planning Proposal is to rezone land at 1549 Botany Road to enable a consistent zoning
on the subject site (Lot Y DP 417308, Part Lot B DP 354414 and Lot 1 DP 130719) which
permits the construction of residential flat buildings.
PART 2 - EXPLANATION OF PROVISIONS
Proposed Amendment
The Planning Proposal seeks the following amendments:
 Rezone land at 1549 Botany Road, Botany (Lot Y DP 417308, Part Lot B DP 354414 and
Lot 1 DP 130719) from B7 – Business Park to B4 – Mixed Use.
The Planning Proposal does not seek amendment to Clause 4.3 - Height of Building or
Clause 4.4 - Floor Space Ratio. Hence, Lot Y DP 417308, Part Lot B DP 354414 and Lot 1
DP 130719 will retain the existing maximum building height of 12m and a FSR of 1:1.
It should be noted that the maximum building height for the front half of the site (i.e. currently
zoned as B4) will remain at 10m and consistent with neighbouring B4 zone.
PART 3 – JUSTIFICATION
Section A - Need for the Planning Proposal.
1
Is the Planning Proposal a result of any strategic study or report?
The Planning Proposal is not a direct result of any strategic study or report. An
application was made by SJB Planning, on the behalf of Dunning 77 Pty Ltd, seeking
amendment to the BBLEP 2013 in the following manner:
1)
Incorporate ‘residential flat buildings’ as an additional permitted land use, for
part of the site zoned B7 – Business Park zone, within Schedule 1 of the
BBLEP 2013.
Council does not support the proposed approach as it is inconsistent with the draft
Practice Note dated September 2012 prepared by the DP&E which states:
Schedule 1 should not be used if the proposed land use could be permitted by an
existing or future zoning.
Furthermore, Clause 2.3(2) of the BBLEP 2013 states:
The consent authority must have regard to the objectives for development in a zone
when determining a development in respect of land within the zone.
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Residential flat buildings are antipathetic to the objective of the B7 – Business Park
zone, thus preventing Council from issuing development consent.
Due to above reasons, it is recommended that the site be rezoned from B7 – Business
Park to B4 – Mixed Use and the recommendation was adopted by Council on 9
December 2014.
Refer to Background for additional information.
2
Is the Planning Proposal the best means of achieving the objectives or intended
outcomes, or is there a better way?
The Planning Proposal is the only means of achieving the objectives and intended
outcomes as it involves a statutory amendment to the BBLEP 2013. Other possible
options (i.e. community education and new administrative processes) are unable to
achieve the outcomes sought by SJB Planning.
Section B – Relationship to strategic planning framework.
Is the Planning Proposal consistent with the objectives and actions contained within the
applicable regional or sub-regional strategy (including the Sydney Metropolitan Strategy and
exhibited draft strategy)?
A Plan for Growing Sydney
A Plan for Growing Sydney establishes a long-term planning framework to manage Sydney’s
growth in a sustainable manner an strengthens its economic development whilst enhancing
the unique lifestyle, heritage and environment of Sydney.
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Figure
e 4 – Freigh
ht Transpo
ort Network
k and Indus
strial Zoned
d Land
The following direcctions and actions
a
applly to the sub
bject site:
 Direction 1.5 - Enhance ca
apacity at S
Sydney’s ga
ateway and freight netw
works:
o Action 1.5.1 - Develop
p and imple
ement a sttrategy for the Sydneey airport and
a
Port
Botany preccicnts to su
upport their operation, taking into
o account land uses and the
prroposed roa
ad transportt investmen
nts
 Direction 1.9 - Support priority econo
omic sectors
s
o Action 1.9.2 - Support key
k industria
al precincts with approp
priate plannning controls.
 Direction 2.1 - Accelerate housing su
upply across
s Sydney:
o Action 2.1.1 - Accelerate
e housing ssupply and local
l
housin
ng choices
 Direction 2.2 - Accelerate
e urban re newal acre
ess Sydney – providinng homes closer
c
to
jobs::
o Action 2.2.2
2 - Underttake urban
n renwal in
n transportt corridors which arre being
trransformed by investment, and aro
ound strategic centres..
 Direction 2.3 - Improve ho
ousing choicce to suit different need
ds and lifesstyles:
t
subdivission of existing home
es and lots in areas suited
s
to
o Action 2.3.3 - Enable the
m
medium density housing
g.
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The site is located within the Global Economic Corridor and Central Subregion.
Note: Action 1.6.1 of A Plan for Growing Sydney only applies to “major suburban office
markets where a commercial core exists or is planned”. Botany South is zoned as B4 –
Mixed Use and B7 – Business Park in the BBLEP 2013 and is not an existing or planned
“commercial core”. Hence, Action 1.6.1 is not applicable to the planning proposal.
As highlighted in the Planning Proposal, the subject site is not located within the Sydney
Airport Precinct or the Port Botany Precinct in A Plan for Growing Sydney. Hence, Direction
1.7 is not applicable to the Planning Proposal.
Furthermore, the proposal is consistent with Direction 1.7 as it will enable additional housing
in an existing urban area and within close proximity to the Sydney Airport and the Port
Botany Precinct.
Draft East Subregional Strategy
The draft East Subregional Strategy is an intermediate step in translating the Metropolitan
Plan at a local level and acts as a broad framework for the long-term development of the
area, guiding government investment and linking local and state planning issues.
The following directions and actions apply to the subject site:
 C1 – Ensure adeaquate supply of land and sites for residential development;
 C1.3 – Plan for increased housing capacity targets in existing areas;
 C2 – Plan for a housing mix near jobs, transport and services;
 C2.1 – Focus residential development around centres, town centres, villages and
neighbourhood centres; and
 C2.3 – Provide a mix of housing.
The subject site is located within the ‘Port Botany & Environs Specialised Precinct’.
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Figure 5 – Dra
aft East Su bregional Strategy
S
(In
ndicative o
only)
This Pla
anning Proposal is consistent witth the A Pla
an for Grow
wing Sydneyy and and the draft
East Su
ubregional Strategy
S
forr the followin
ng reasons:
 The subject site
e is identifie
ed as indusstrial zoned land in Fig
gure 14 of A Plan for Growing
Sydn
ney. Howevver, this app
pears to be incorrect as
s the subjec
ct site and aadjoining prroperties
are e
either zoned
d as B4 – Mixed
M
Use a
and B7 – Business Park since thee introductio
on of the
BBLEP 2013. Both
B
B4 and
d B7 zones only permiits light indu
ustrial usess on the sub
bject site
(Notte: General and heavy
y industriess are both prohibited
p
in the B7 aand B4 zone
es). The
close
est industria
al zoned la
and is locate
ed west of Folkestone
e Parade annd east of Stephen
Road
d. These la
ands are zoned as IN
N1 – General Industrial under S
State Enviro
onmental
Plan
nning Policyy (Three Porrts) 2013;
 Coun
ncil has co
onducted an
a industria
al strategic
c assessme
ent for thee subject site. The
checcklist can be
e found in Attachment
A
t 15;
 The area generrally consists of the ressidential use
es, general industry, veehicle repair station
and vehicle bod
dy repair wo
orkshop. Ma
ajority of the
e existing us
ses do not aassociate with
w the
Port Botany or Sydney
S
Airp
port (i.e. aviiation, freight and logis
stics). Thereefore, it is unlikely
the rrezoning willl impacts on the functi on and futu
ure growth of
o the Port B
Botany or Sydney
Airpo
ort. Council’s landuse survey
s
can be found in
n Attachme
ent 16;
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 The Department should be aware that vehicles over 12.5m are prohibited to travel on
Botany Road between Mill Pond Road and Hill Street. The intent of the restriction is to
protect the amenity of the Botany and Banksmeadow area. The enforcement of industrial
uses (i.e. heavy and general industries) on the subject site will adversely impact on the
R2 – Low Density Residential zone located on the southern side of Botany Road and
contrary to the intent of the buffer zone recommended in Botany South Industry Study.
Council questions the industrial significant of the subject land as any future industrial uses
(i.e. heavy and general) will result in land use conflict and contrary to Action 1.5.1 of the
Strategy;
 As the proposal seeks to rezone approximately 3,202sqm of B7 – Business Park to B4 –
Mixed Use zone. The proposal will not result in the loss of industrial land or activity within
the Botany Bay LGA;
 The proposed rezoning will not result in the reduction of employment land within the as
the proposed B4 zone still enables light and home industries; business premises, office
and retail premises on the subject site. The suitability of the future uses will be considered
by council during the development application stage;
 The proponent has indicated that light industrial units are unsuitable for the subject site as
it requires setting aside approximately 60% of the site for truck manoeuvring purposes. In
addition, a driveway width of approximately 10m-11m, to be provided through the B4
zoned land, is required to accommodate the turning movement at the site by a rigid
vehicle. By incorporating these elements, it will significantly reduce the developable area
(from a FSR of 1:1 to approximately 0.4:1) and impacting the development feasibility of
the site. A copy of the Indicative Truck Circulation Paths can be found in Attachment 10;
 As clearly stated in a written correspondence prepared by the Department (dated 30
January 2015), the new Greater Sydney Commission will undertake the “development
and implementation of a planning strategy to support the operation of the airport and port,
including land use and transport aspects”. Hence, the responsibility to the development
and implementation of the structure plan and strategy for Airport and Port precincts is with
the new Greater Sydney Commission;
 It should be that the subject site is not located within the Sydney Airport Precinct or Port
Botany Precinct. Therefore, the rezoning of the site is unlikely to impact on the strategic
importance of the industrial zoned land in and near the Port or Airport;
 The proposal will enable the development of residential flat buildings which will contribute
to the housing targets contained in the draft East Subregional Strategy;
 The subject site is located approximately 500m from the ‘Botany Villages Centre’ and
‘Banksmeadow Small Villages Centre’;
 The site is located on high frequent bus routes (i.e. 309, 310, M20 and X09) which
provides connection to the Sydney CBD, Mascot Station and Eastgardens Shopping
Centre;
 The proposal will enable additional housing in an existing urban area and within the
catchment of the Port Botany & Environs Specialised Princt. This will enable the concept
of jobs closer to home;
 The site can accommodate a range of apartment types and sizes to cater for different
household type. Any future development of the property will be subject to a development
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application and apartment types and sizes will be considered during the assessment
process; and
 The BBLEP 2013 has ensured sufficient lands are provided for residential, commerical
and industrial purposes and comply with the employment and housing capacity targets
identifed in the draft East Subregional Strategy.
Is the Planning Proposal consistent with the local council’s Community Strategic Plan, or
other local strategic plan?
Botany Bay Planning Strategy 2031
The Botany Bay Planning Strategy 2031 (the Strategy) establishes a framework for growth
and development for the Botany Bay LGA and addresses the draft East Subregional Strategy
dwelling and job targets. The Strategy also provides the foundation for the development of
the BBLEP 2013.
The key objectives and actions identified in the Strategy of relevance to the proposal include:
Objective 1.2 – Minimise residential development in location heavily affected by aircraft and
traffic noise or other environmental impacts
The proponent has engaged Koikas Acoustics Pty Ltd to prepare a preliminary acoustic
assessment report for the construction of a new mixed-use development at 1549 Botany
Road, Botany. The report states that:
With a 31dB (road traffic) and 29dB (aircraft) maximum noise reduction for the
building, it is our professional opinion that typical accoustically rated building
material and construction solutions can be incorporated into the building design
to achieve the indoor sound level requirements.
A copy of the preliminary acoustic assessment report can be found in Attachment 9.
Any future development of the property will be subject to a development application. Acoustic
impacts and suitability for residential use will be considered during the development
assessment stage. In addition, the proposal must comply with Divisions 17 of State
Environmental Planning Policy (Infrastructure) 2007 and Part 3J (Aircraft Noise and OLS) of
the Botany Bay Development Control Plan (DCP) 2013.
Objective 1.3 – Protect the valued characteristics of Botany Bay’s centres and suburbs and
minimise impacts from industrial areas and activities
Objective 1.3 of the BBPS aims at protecting the “valued characteristics of Botany Bay’s
centres and suburbs and minimise the impacts from industrial areas and activities”. The
objective also acknowledges that “conflict between land uses is inevitable. These can be
minimised by appropriate development controls and traffic management in interface areas”.
Development controls have been incorporated into Part 9B of the BBDCP 2013 to ensure
adverse impacts, such as noise and vibration, are minimised in interface area.
As part of the planning proposal, the proponent has submitted a preliminary acoustic report
stating:
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With a 31dB (road traffic) and 29dB (aircraft) maximum noise reduction for the
building, it is our professional opinion that typical acoustically rated building
material and construction solutions can be incorporated into the building design
to achieve the indoor sound level requirements.”
A copy of the preliminary acoustic assessment report can be found in Attachment 9.
All future developments on the site will be subjected to a development application. Council
will ensure the internal amenity of the apartment complies with the relevant legislative
requirements and planning controls and appropriate conditions are incorporated into the
development consent.
As illustrated by indicative layout plan, a 3 storey car parking will be located to the rear of the
site which provides a buffer to the industrial uses located at 1-9 Margate Street, Botany. The
residential flat building will be located approximately 20.7m from the rear boundary.
Any future development of the property will be subject to a development application and
must comply with the relevant sections of the BBDCP 2013 (i.e. Part 4B.5.6 – Acoustic
Privacy). The suitability for residential use can be considered during the development
assessment stage.
Objective 2.1 - Reinforce the role of Botany Road as a major high amenity, activity spine
through the LGA.
In accordance with Clause 6.15 of the BBLEP 2013, an active street frontage is required
along the Botany Road. All premises on the ground floor of the building facing the street are
used for the purposes of business premises or retail premises.
As indicated on the indicative layout plans, a retail premise will be located on the ground
floor along Botany Road frontage. A copy of the indicative layout plan can be found in
Attachment 11.
Any future development of the property will be subject to a development application and
must comply with Clause 6.15 of the BBLEP 2013.
Action 4.1.1 – Retain South Botany area for light industry activities (with the exception of the
Wilson-Pemberton Street Precinct)
Light industries are permitted with development consent in the B4 and B7 zone.
The proponent has indicated that light industrial units are unsuitable for the subject site as it
requires setting aside approximately 60% of the site for truck manoeuvring purposes. In
addition, a driveway width of approximately 10m-11m, to be provided through the B4 zoned
land, is required to accommodate the turning movement at the site by a rigid vehicle. By
incorporating these elements, it will significantly reduce the developable area (from a FSR of
1:1 to approximately 0.4:1) and impacting the development feasibility of the site.
A copy of the Indicative Truck Circulation Paths can be found in Attachment 10.
Council has undertaken an industrial lands strategic assessment for the subject site and the
checklist can be found in Attachment 15.
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Note: T
The BBPS 2031
2
defines “local ligh
ht industry” as
a automotive repairs; printing; joinery;
construction and building
b
supplies and do
omestic sto
orage. Nevertheless, it is inconsisttent with
the definitions used
d in the Sta
andard Instrrument (Loc
cal Environm
mental Planns) Order 20
006. A
numberr of the loca
al light indus
stry uses re
ecommende
ed in the BB
BPS 2031 arre prohibited in the
B7 zone
e under the
e BBLEP 2013 such as vehicle bod
dy repair wo
orkshops; vvehicular repair
stationss; hardware
e and buildin
ng supplies;; landscapin
ng material supplies; ti mber yard and
a
plant nu
ursery.
Not all rrecommend
dations conttained in the
e BBPS 2031 have been incorporrated into th
he
BBLEP 2013 such as zoning the
t Botany South Indu
ustrial precin
nct as IN2 – General In
ndustrial
zone.
Botany
y Bay Local Environm
mental Plan
n (BBLEP) 2013
2
A buffe
er zone (i.e
e. B4 – Mix
xed Uses) has been incorporate
ed into the BBLEP 20
013 and
provide
ed along lott boundarie
es. The ma
ajority of B7 zoned la
and has dirrect frontag
ge to an
existing
g street.
Due to the establisshed subdiv
vision patterrn, part of Lot
L B DP 35
54414 and LLot 1 DP 13
30719 is
subject to a split zoning
z
wherre land zon
ned B7 Business Park can only bbe accessed
d via the
land zo
oned B4 Mixxed Use fro
onting Botan
ny Road. Lot Y DP 417308 is zonned as B7 and has
no direcct frontage and reliantt on accesss over Lot B DP 35441
14. The froont half of Lot
L B DP
354414
4 and Lot 1 DP 130719
9 are zoned
d as B4 - Mixed
M
use (approximattely 58.5m) and the
rear half of the site
e are zoned B7 - Busin
ness Park (a
approximate
ely 65m). Thhe subject sites
s
are
the onlyy instance where
w
B4 an
nd B7 boun
ndary does not run alon
ng the lot booundaries. This
T
can
be illusttrated by the diagrams below:
Figu
ure 6 – Lan
nd subject to Split Zoning
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OSAL NO. 6/2014
PLA
Figure
e 7 – Existi ng Dual Zo
oning (B4 and
a B7)
d Rezoning
g
Figure 8 – Proposed
The sp
plit zoning presents
p
a technical constraint to the rede
evelopmentt of the sittes as it
preventts the redevvelopment of
o the site in
n a coheren
nt and co-orrdinated maanner. Furth
hermore,
Lot B D
DP 354414 and
a Lot 1 DP
D 130719 are the only
y sites whic
ch are subjeected to the
e B4 and
B7 splitt zoning. Th
herefore, it will not cre
eate precedent for othe
er propertiess within the
e Botany
area.
The pla
anning propo
osal only se
eeks to rezo
one the B7 proportion of
o Lot B DP
P 354414; Lot 1 DP
130719
9 and Lot Y DP 417308
8 as illustratted in Figurre 8. Thereffore, the ‘buuffer zone’
recomm
mended in th
he Botany South
S
Indusstry Study will
w be retain
ned and ressidential pro
operties
located on the southern side of
o Botany R
Road (i.e. R2
2 zone) will continue too be protectted.
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The intent of Clause 5.3 of the BBLEP 2013 is to allow flexibility to land along the zone
boundary. It enables a use that is permitted on one side of a zone boundary to occur
immediately on other sides if this enabled a more logical and appropriate development on
the site and within a relevant distance of 25m. In order to utilize Clause 5.3, the development
must not be inconsistent with the objectives for development in both zones. The
development of residential flat building contradicts the objectives of the B7 zone as it does
not encourage employment opportunities or provide a range of offices and light industrial
uses on the subject site. Therefore, Clause 5.3 will not be applicable.
Is the Planning Proposal consistent with applicable state environmental planning policies?
Attachment 4 summarise the Planning Proposal’s consistency with State Environmental
Planning Policies (SEPPs) and relevant deemed SEPPs.
Is the Planning Proposal consistent with applicable Ministerial Directions (s.117 directions)?
Ministerial Directions (s.117 directions) directly applicable to the Planning Proposal are
addressed below.
Business and Industrial Zones
The intents of this direction are to encourage employment growth in suitable locations;
protect employment land in business and industrial zones; and support the viability of
identified strategic centres.
In preparing a Planning Proposal, the relevant planning authority must consider the following
factors:
a)
Give effect to the objectives of this direction;
b)
Retain the areas and locations of existing business and industrial zones;
c)
Not reduce the total potential floor space area for employment uses and related public
services in business zones;
d)
Not reduce the total potential floor space area for industrial uses in industrial zones;
and
e)
Ensure that proposed new employment areas are in accordance with a strategy that is
approved by the Director-General of the Department of Planning.
The Planning Proposal is consistent with the direction for the following reasons:
 According to the Employment Lands Development Program – 2014 Update Report,
approximately 66.7 and 481.1 hectares of employment land are located within the Botany
area and Botany Bay LGA. The proposal seeks to rezone approximately 3,625 sqm of B7
– Business Park to B4 – Mixed Use zone which represents a reduction of 0.48% (Botany
area) and 0.07% (Botany Bay LGA) of employment lands. Hence, it will not significantly
reduce employment land or opportunity within the Botany Bay LGA.
 The BBLEP 2013 has ensured sufficient lands are provided for residential, commercial
and industrial purposes and comply with the employment and housing capacity targets
identified in the draft East Subregional Strategy.
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 The rezoning still enables employment opportunities on the subject site as commercial
premises are permissible with development consent in the B4 zone.
 As noted from the site inspection, the adjoining properties consist variety of land uses
such as dwelling houses, general industrial, timber yards, vehicle body repair workshops,
vehicle repair stations and wholesale supplies. There are no established land
uses/patterns within the vicinity of the site. Hence, the proposal will not impact on the
clustering of industries or activities.
 The adjoining uses do not associate with the Port Botany or Sydney Airport (i.e. aviation,
freight and logistics). Therefore, it is unlikely the rezoning will impacts on the function and
future growth of the Port Botany or Sydney Airport. A copy of Council’s landuse survey
can be found in Attachment 16.
 The rezoning of the site is the result of a technical constraint of the site (i.e. split zone)
and will not set a precedent for other B7 zoned lands within the Botany Bay LGA.
 The Planning Proposal is generally consistent with the Metropolitan Plan for Sydney
2036, the draft Metropolitan Strategy for Sydney to 2031 and the draft East Subregional
Strategy.
 Council has undertaken an industrial lands strategic assessment for the rezoning of
subject site and the checklist can be found in Attachment 15.
As indicated in the Gateway Determination dated 5 June 2015, the Secretary’s delegate
concurs that the “inconsistency of the planning proposal with these Directions is considered
to be of minor significant. No further approval is required in relation to any S117 Directions”.
3.4
Integrating Land Use and Transport
The intent of this direction is to ensure that urban structure, building forms, land use
locations, development designs, subdivision and street layouts achieve the following
planning objectives:
a)
Improving access to housing, jobs and service by walking, cycling and public transport,
and
b)
Increasing the choice of available transport by reducing the 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)
Support the efficient and viable operation of public transport services, and
e)
Providing for the efficient movement of freight.
The Planning Proposal is consistent with the direction for the following reasons:
 The subject site is located within the catchment of ‘Port Botany & Environs Specialised
Precinct’ and approximately 500m from the ‘Botany Villages Centre’ and ‘Banksmeadow
Small Villages Centre’.
 The ‘Botany Villages Centre’ and ‘Banksmeadow Small Villages Centre’ will provide the
ancillary retail and service activities for the site.
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 The site is located on high frequent bus route (i.e. 309, 310, M20 and X09) which
provides connection to the Sydney CBD, Mascot Station and Eastgardens Shopping
Centre.
3.5
Development Near Licensed Aerodromes
The intent of this direction is to ensure the effective and safe operation of aerodromes; does
not compromised by development that constitutes an obstruction, hazard or potential hazard
to aircraft flying in the vicinity; development for office uses, and incorporates appropriate
mitigation measures so that the development is not adversely affected by aircraft noise.
The subject site is situated between 20 and 25 ANEF contours.
The Planning Proposal will not impact on the effective and safe operation of Sydney Airport
as the maximum permissible height of buildings (i.e. 12m) will remain unchanged in the
BBLEP 2013.
Furthermore, model local provisions (i.e. Clause 6.8 - Airspace Operations and Clause 6.9 –
Development in areas subject to aircraft noise) have already been incorporated into the
BBLEP 2013.
Future developments that penetrate the Limitation or Operations Surface will be referred to
“relevant Commonwealth body” (i.e. Sydney Airport Corporation Limited) for comments. Any
impacts on the effective and safe operation of aerodromes can be addressed during the
development application stage. Hence, the Planning Proposal is consistent with the
Direction.
4.1
Acid Sulfate Soils
The intent of this direction is to avoid significant adverse environmental impacts from the use
of land that has a probability of containing acid sulfate soils. The direction requires an acid
sulfate soils study to be prepared if the Planning Proposal requires an intensification of land
uses.
The subject site is identified as Class 2 Acid Sulfate Soils (ASS)
A model local provision (i.e. Clause 6.1 – Acid Sulfate Soils) and an Acid Sulfate Soil Map
has been incorporated into the BBLEP 2013.
Future developments (i.e. any works below the natural ground surface or by which
watertable is likely to be lowered) are subject to Council’s consent and an acid sulfate soil
management plan will be required. Any significant adverse environmental impacts can be
addressed during the development application stage. Hence, the Planning Proposal is
consistent with the Direction.
4.3
Flood Prone Land
The objectives of this direction are to ensure that development of flood prone land is
consistent with the NSW Government’s Flood Prone Land Policy and the principles of the
Floodplain Development Manual 2005 and the provisions of an LEP on flood prone land is
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commensurate with flood hazard and includes consideration of the potential flood impacts
both on and off the subject land.
There is no flood study or anecdotal evidence suggesting that flooding has occurred or is
liable to occur on the subject site. It is noted that a Sydney Water main drainage system is
located along the rear boundary. Hence, it is recommended that the Planning Proposal be
referred to Sydney Water for consultation.
No works are proposed as part of the Planning Proposal. Hence, the Planning Proposal will
not alter the potential flood impacts both on and off the subject site.
Future developments (i.e. excluding works permitted under SEPP (Exempt and Complying
Development Codes) 2008,) are subject to consent. Any significant adverse environmental
impacts can be addressed during the development application stage. Hence, the Planning
Proposal is consistent with the Direction.
6.1
Approval and Referral Requirements
The intent of the direction is to ensure that LEP provision to encourage the efficient and
appropriate assessment of development.
No concurrence, consultation or referral of a Minister or public authority is required for the
site.
7.1
Implementation of A Plan for Growing Sydney
The objective of this direction is to give legal effect to the planning principles; directions; and
priorities for subregions, strategic centres and transport gateways contained in A Plan for
Growing Sydney.
As the planning proposal only seeks to rezone the B7 proportion of Lot B DP 354414; Lot 1
DP 130719 and Lot Y DP 417308 as illustrated in Figure 8. Therefore, the ‘buffer zone’
recommended in the Botany South Industry Study will be retained and residential properties
located on the southern side of Botany Road (i.e. R2 zone) will continue to be protected.
As illustrated by indicative layout plan, a 3 storey car parking will be located to the rear of the
site which provides a buffer to the industrial uses located at 1-9 Margate Street, Botany. The
residential flat building will be located approximately 20.7m from the rear boundary and the
units will be acoustically treated in compliance with the Building Code of Australia.
Furthermore, any future industry developments located 1-9 Margate Street will be restricted
to “light industrial” only as general and heavy industries are prohibited on B7 zoned land.
The split zoning presents a technical constraint to the redevelopment of the sites as it
prevents the redevelopment of the site in a coherent and co-ordinated manner. Lot B DP
354414 and Lot 1 DP 130719 are the only sites which are subjected to the B4 and B7 split
zoning. Therefore, it will not create precedent for other properties within the Botany area.
As demonstrated above, the proposal will achieve the overall intent of the Plan and does not
undermine the achievement of its planning principles; directions; and priorities for
subregions, strategic centres and transport gateway.
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Is the Planning Proposal consistent with applicable state environmental planning policies?
Section C – Environmental, social and economic impact.
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 proposal will not impact upon any critical habitat, threatened species, populations or
ecological communities or their habitats as the site does not contain any of the above
communities.
Are there any other likely environmental effect as a result of the Planning Proposal and how
are they proposed to be managed?
Aircraft Noise: The precinct is located within the ANEF 20-25 contour as identified by the
Australian Noise Exposure Forecast 2033 (ANEF) Chart. Any development on the subject
site will be subject to compliance with the Australian Standard 2021 (AS 2021).
Flooding: There is no flood study or anecdotal evidence suggesting that flooding has
occurred or is liable to occur on the subject site.
No works are proposed as part of the Planning Proposal. Hence, the Planning Proposal will
not alter the potential flood impacts both on and off the subject site.
Landslip and Bushfire Hazard: Botany Bay LGA is not subject to landslip and bushfire
hazard.
Traffic: Based on the submitted concept plans, vehicular access will be provided along the
western side boundary and a 3 storey above ground car park will be provided at the rear of
the property. Detailed consideration and assessment of car parking would be considered
during the development application stage and all future developments are to comply with car
parking requirements contained in the BBDCP 2013.
The proposal only seeks to rezone approximately 3,202sqm of B7 zoned land with
approximately 1,900sqm (including lifts, stair and balconies) of potential residential floor
area. It will not significantly alter the traffic movements and capacity of the existing road
network.
Botany Villages Centre and Banksmeadow Small Villages Centre are located approximately
500m from the subject site which can serve the daily shopping needs of the future
occupants.
The site is also located on high frequent bus route (i.e. 309, 310, M20 and X09) which
provides connection to the Sydney CBD, Mascot Station and Eastgardens Shopping Centre.
Future traffic generation of the proposed developments will be considered during the
development application stage.
Groundwater: The site is located within the area of the Botany Sands aquifer and Zone 3 –
Botany Groundwater Management zone. Any proposed works on the subject site which
penetrate the water table may require activity approval under the Water Management Act
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2000 and any such application would be integrated development for the purpose of the
EP&A Act1979.
Any development proposal involving penetrating of the water table would require assessment
of the groundwater at the development application stage.
Land use conflicts: As illustrated in the Botany Bay Planning Strategy (BBPS) 2031,
Council intended to utilise South Botany area for light industry purposes and to encourage a
“live-work area”. Hence, the South Botany was zoned as B7 – Business Park as part of the
comprehensive LEP. The objectives of the B7 – Business Park zone are as follows:
 To provide a range of office and light industrial uses.
 To encourage employment opportunities.
 To enable other land use s that provide facilities or services to meet the day to day needs
of workers in the area.
 To encourage uses in the arts, technology, production and design sectors.
Under the B7 – Business Park zone, general and heavy industrial uses are prohibited. It is
noted that a number of properties located at Margate Street and Tenterden Street are
currently being used for general industrial purposes which may impact on the amenity of the
subject site. However, these uses have been in operation prior to the introduction of the
BBLEP 2013 and currently relying on existing use right for the continuing operation of these
premises. Council anticipates that the existing uses will be replaced by office and light
industrial uses in the future. According to the BBLEP 2013, office premises and light
industrial are defined as follows:
light industry means a building or place used to carry out an industrial activity
that does not interfere with the amenity of the neighbourhood by reason of noise,
vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water,
waste products, grit or oil, or otherwise, and includes any of the following:
(a) high technology industry,
(b) home industry.
office premises means a building or place used for the purpose of
administrative, clerical, technical, professional or similar activities that do not
include dealing with members of the public at the building or place on a direct and
regular basis, except where such dealing is a minor activity (by appointment) that
is ancillary to the main purpose for which the building or place is used.
Based on the above definition, it is likely the permitted uses (i.e. residential flat buildings)
under the B4 – Mixed Use zone can function coherently with future light industry and office
premises.
All future developments on the site will be subjected to a development application. The likely
impact of the proposed development will be considered and assessed during the
development assessment stage in accordance with Section 79C of the EP&A Act.
As the subject site is located on a classified road, an acoustic report will be required for any
future development application. The acoustic report is to be prepared by an acoustic
engineer to ensure the proposal complies with the relevant acoustic requirements such as
SEPP (Infrastructure) 2007, NSW Road Noise Policy, Australian Standard and Council’s
requirement.
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It should be noted that Council has recently approved a three storey mixed used
development at 1541 Botany Road, Botany.
How has the Planning Proposal adequately addressed any social and economic effects?
Social effects: Based on the concept plan provided by the proponent, the majority of the B7
zone will be used for vehicular access and car parking purposes with approximately
1,900sqm (including lifts, stair and balconies) of potential residential floor area. It is unlikely
the additional floor area will place significant pressure on existing social infrastructure such
as schools and hospitals.
The Botany Villages Centre and Banksmeadow Small Villages Centre are located
approximately 500m from the site which provides ancillary retail and service activities and
serves the daily shopping needs of the future occupants. In addition, the site is located on
high frequent bus route (i.e. 309, 310, M20 and X09) which provides connection to the
Sydney CBD, Mascot Station and Eastgardens Shopping Centre.
There is no heritage item located within the subject precinct. Future developments, excluding
works permitted under SEPP (Exempt and Complying Development Codes) 2008, will be
subject to development application and any heritage impacts/issues can be addressed
during the development assessment stage.
Considering above factors, the Planning Proposal is unlikely to generate additional impact on
items or places of European or Aboriginal cultural heritage or existing social infrastructure
such as schools and hospitals.
Economic effects: The Planning Proposal will result in a positive economic effect as the
additional residential floor space will enable additional housing to be provided within Botany
Bay LGA; enables the co-ordinate and coherent development and permits the highest and
best use at the site. The proposal will not significantly impact on the economic and
employment opportunities within the Botany Bay LGA as the proposal only seeks to rezone
approximately 3,202sqm.
Section D – State and Commonwealth interests
Is there adequate public infrastructure for the Planning Proposal?
The site is serviced by existing public transport infrastructure, utility services, roads and
essential services. Considering the proposal only seeks to rezone approximately 3,202sqm
of B7 land with approximately 1,900sqm (including lifts, stair and balconies) of potential
residential floor area, it is unlikely the proposed rezoning will place unacceptable demands
on existing public infrastructure.
What are the views of State and Commonwealth public authorities consulted in accordance
with the gateway determination?
According to the Gateway Determination dated on 5 June 2015, no State and
Commonwealth public authorities consultation is required.
A copy of the Gateway Determination can be found at Attachment 17.
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PART 4 - MAPPING
Mapping for the Planning Proposal can be found in Attachment 1 & 2.
PART 5 - COMMUNITY CONSULTATION
Gateway Determination issued on 5 June 2015 requires community consultation under
Sections 56(2)(c) and 57 of the EP&A Act 1979 as follows:
 the planning proposal must be made publicly available for a minimum of 28 days; and
 the relevant planning authority must comply with the notice requirements for public
exhibition of planning proposals and the specifications for material that must be made
publicly available along with planning proposals as identified in section 5.5.2 of A Guide to
Preparing LEPs (Department of Planning & Environment 2013).
On 1 July 2015, Council at its meeting resolved to place the Planning Proposal on
community consultation.
A copy of the Gateway Determination and Council’s Resolution can be found at Attachment
17 & 18.
In accordance with the Gateway Determination the Planning Proposal was placed on
community consultation from 28 July 2015 until 28 August 2015. Letters were sent to
affected property owners and occupiers. The Planning Proposal was displayed at the
Council’s Administration Centre.
Two submissions were received by Council. However, both submissions are submitted from
the same property.
The issues raised in the submissions are as follows:
 Inconsistent with the relevant strategic planning framework;
 Incompatible with surrounding land uses and will results in an unacceptable risk to the
viability of the BSIP;
 Inferior residential development with poor amenity;
 Fail to adequately address the social and economic impacts
 Fail to address the condition in the Gateway Determination
 Fail the evaluation criteria for delegation of plan making functions
 The PP is not the result of any strategic planning study or report
 Installation of a turntable would enable light industrial to operate on the site
 Threaten the financial viability of the adjoining industrial land.
 The proposed childcare centre is incompatible with the existing industrial uses
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 Council should conduct a comprehensive review of Botany South prior to the rezoning of
the subject site
 A Public Hearing is requested to ensure the concerns raised have been fully considered
by Council
The issues were considered by Council officers and are addressed in the Council’s report
dated 25 August 2015. A copy of the Council report can be found in Attachment 19.
PART 6 – PROJECT TIMELINE
The project timeline for the Planning Proposal is as follows:
Timeframe*
Anticipated commencement date
June 2015
Anticipated timeframe for the
completion of required technical
information
N/A
Timeframe for government agency
consultation (pre and post exhibition as
required by Gateway determination)
N/A
Commencement date for public
exhibition period
July 2015
Dates for public hearing (if required)
N/A
Timeframe for consideration of
submissions
August 2015
Timeframe for the consideration of a
proposal post exhibition
October 2015
Date of submission to the Department
to finalise the LEP
December 2015
Anticipate date RPA will make the plan
(if delegated)
February 2016
Anticipated date RPA will forwarded to
the Department for notification
March 2016
Table 2 – Proposed Timeframe
* Subject to the Department of Planning & Infrastructure approval and timeframe
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PART 7 – CONCLUSION
In summary, the Planning Proposal seeks the following amendments:
 Rezone land at 1549 Botany Road, Botany (Lot Y DP 417308, Part Lot B DP 354414 and
Lot 1 DP 130719) from B7 – Business Park to B4 – Mixed Use.
The Planning Proposal is generally consistent with relevant State and local legislations;
directions, policies and strategic documents and will have a minimal environmental, social
and economic impact.
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ATTACHMENTS
1.
Botany Bay Local Environmental Plan 2013 – Zoning and Planning Controls
2.
Proposed Zoning
3.
Council’s Report and Resolution dated 9 December 2014
4.
List of State Environmental Planning Policies
5.
Permissible Uses Comparison
6.
Botany South Industry Study
7.
Proponent’s Submission dated 28 June 2012
8.
Council’s Response dated 25 January 2013
9.
Acoustic Report prepared Koikas Acoustic Pty Ltd
10.
Indicative Truck Circulation Paths
11.
Indicative Layout
12.
Evaluation Criteria for the Delegation of Plan Making Function
13.
Council’s Response dated 26 July 2013
14.
Pre-Development Application Conceptual Design
15.
Industrial Lands Strategic Assessment Checklist for Rezoning of Existing Industrial
Land to Other Uses
16.
Land Use Survey
17.
Gateway Determination dated 5 June 2015
18.
Council’s Report and Resolution dated 1 July 2015
19.
Council’s Report and Resolution dated 25 August 2015
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