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Planning Proposal

Inclusion of ‘hardware and building supplies’ as a Permissible Use with Development Consent in Zone B7 (Business Park) pursuant to the Ku-ring-gai Planning Scheme Ordinance Prepared for: Bunnings Properties Pty Ltd Project No: 8254B Date: February 2014

Planning Proposal

Pymble Business Park

11 Dartford Road Thornleigh NSW 2120

PO Box 230 Pennant Hills NSW 1715

t: 02 9980 6933 f: 02 9980 6217 e: [email protected]

www.donfoxplanning.com.au ABN 24 551 441 566

Printed: 7 February 2014 File Name: P:\PROJECTS\8254B 950 Pacific Hwy, Pymble\3 Reports\8254B.PP_Rev_5.docx Project Manager: K.Mackay Client: Bunnings Properties Pty Ltd Project Number: 8254B Document history and status

Version Issued To Qty Date Reviewed

Rev_1, Draft D.Kettle 1-h 9 May 2013 K.Mackay

Rev_2, Draft Client 1-e 10 May 2013 D.Kettle

Rev_3, Final Client 1-h, 1-e 14 May 2013 K.Mackay Council 6-h, 1-e

Rev_4, Amended Draft D.Kettle 1-h 6 February 2014 K.Mackay

Rev_5, Amended Draft Client 1-e 6 February 2014 D.Kettle

Rev_6, Final Client 1-h, 1-e 7 February 2014 K.Mackay Council 2-h, 1-e 7 February 2014

http://www.donfoxplanning.com.au/

Planning Proposal


dfp | 7 February 2014 P:\PROJECTS\8254B 950 Pacific Hwy, Pymble\3 Reports\8254B.PP_Rev_6_Final.docx

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Table of Contents

1 Introduction and Summary 4

1.1 Commission 4

1.2 Purpose of this Report 4

1.3 Material Relied Upon 4

1.4 Report Structure 4

1.5 Summary of Conclusions and Recommendations 5

2 Background 6

2.1 Ku-ring-gai Local Environmental Plan No. 219 6

2.2 Ku-ring-gai Development Control Plan (Pymble Business Park) 6

2.3 Draft Ku-ring-gai Local Environmental Plan 2013 (Principal LEP) 6

2.4 Meetings with Council 7

3 Site Context 8

3.1 Locality 8

3.2 Site Description 8 3.2.1 Pymble Business Park 8 3.2.2 The Bunnings Site 12

4 Hardware and Building Supplies Land Use Characteristics 15

4.1 Introduction 15

4.2 Operational Characteristics 15

5 Matters Required by Section 55 of the EP&A Act 17

5.1 Introduction 17

5.2 Part 1 - Objectives or Intended Outcomes (Section 55(2)(a)) 17 5.2.1 Objectives and Outcomes 17 5.2.2 Existing Zone objectives and permissible uses 17

5.3 Part 2 - Explanation of Provisions (Section 55(2)(b)) 18 5.3.1 Proposed Permissibility 18

5.4 Part 3 – Justification (Section 55(2)(c)) 18 5.4.1 Section A – Need for the Planning Proposal 18 5.4.2 Section B – Relationship to Strategic Planning Framework 20 5.4.3 Section C – Environmental, Social and Economic Impact 24 5.4.4 Section D – State and Commonwealth Interests 26

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5.5 Part 4 – Mapping (Section 55(2)(d)) 27

5.6 Part 5 - Community Consultation (Section 55(2)(e)) 27

5.7 Part 6 – Project Timeline 28

6 Conclusion and Recommendations 29 Figures Figure 1: Location of the Pymble Business Park (Source: LPI, 2013) 8 Figure 2: Aerial Photograph of the Pymble Business Park and the Bunnings Site (Source: LPI, 2013) 9 Figure 3: Photographs of the Locality 10 Figure 4: Photographs of the Pymble Business Park 11 Figure 5: Photographs of the Bunnings Site 14 Tables Table 1: Description of the Bunnings Site 12 Table 2: Consistency with Applicable State Environmental Planning Policies 21 Table 3: Compliance with Section 117 Directions 22 Table 4: Project Timeline 28 Appendices A. Site Survey

B. Tree Assessment Report

C. Flora and Fauna Assessment

D. Strategic Contaminated Land Review

E. Traffic and Parking Assessment Report

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1 Introduction and Summary

1.1 Commission DFP has been commissioned by Bunnings Properties Pty Ltd (Bunnings) to prepare a Planning Proposal in respect of the Pymble Business Park which includes their landholding at 950-950A Pacific Highway and 2 Bridge Street, Pymble (the Bunnings Site).

The Planning Proposal seeks to include ‘hardware and building supplies’ as a permissible land use with development consent in Zone B7 (Business Park) pursuant to the Ku-ring-gai Planning Scheme Ordinance (KPSO), which will enable a Bunnings store to be developed on the Bunnings Site.

On 20 August 2012, the Director-General of the Department of Planning and Infrastructure (DoPI) wrote to Ku-ring-gai Council (Council), indicating that there was “considerable merit” in including ‘hardware and building supplies’ as a permissible land use in Zone B7.

Whilst Council has indicated that it intends to address this matter as part of its Principal Local Environment Plan (LEP), the timing of its completion is uncertain and Bunnings (the Proponent) is seeking the support of Council and the approval of the Minister for Planning and Infrastructure (the Minister) to expedite this matter as a separate Planning Proposal, to encourage the early redevelopment of their landholding.

1.2 Purpose of this Report The purpose of this report is to provide Council and the DoPI with the necessary information to assess the Planning Proposal and for the Minister to make a Gateway Determination in accordance with Section 56 of the Environmental Planning and Assessment Act 1979 (EP&A Act).

1.3 Material Relied Upon For the purposes of preparing this report, we have reviewed documents and undertaken the following investigations:

1. Site inspection undertaken in April 2013 (see Photographs and Figures 3-5);

2. Survey of the Bunnings Site prepared by Craig and Rhodes dated 15 February 2013 (Appendix A);

3. Tree Assessment Report prepared by RainTree Consulting dated May 2013 (Appendix B);

4. Flora and Fauna Assessment prepared by Cumberland Ecology dated May 2013 (Appendix C);

5. Strategic Contaminated Land Review prepared by Cavvanba Consulting dated May 2013 (Appendix D); and

6. Traffic and Parking Assessment Report prepared by TTPA dated May 2013 (Appendix E).

1.4 Report Structure This Planning Proposal is structured in the following manner:

Section 2 provides a brief Background to the proposal;

Section 3 is a Site Context and provides a detailed description of the Pymble Business Park, the Bunnings Site and the nature of surrounding development;

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Section 4 provides an outline of Hardware and Building Supplies Land Use Characteristics;

Section 5 responds to the Matters required by Section 55 of the EP&A Act;

Section 6 is a Conclusion and provides recommendations for determination of the Planning Proposal.

1.5 Summary of Conclusions and Recommendations This report concludes that inclusion of ‘hardware and building supplies’ as a permissible land use with development consent in Zone B7 (Business Park) pursuant to the Ku-ring-gai Planning Scheme Ordinance (KPSO):

• is consistent with previous Departmental advice to Council;

• is consistent with Council’s Draft LEP 2013;

• is consistent with regional and subregional planning and transport strategies as well as local planning studies;

• is not inconsistent with relevant SEPPs and Section 117 Directions; and

• is likely to rejuvenate the Pymble Business Park by permitting a ‘hardware and building supplies’ use on the Bunnings Site or elsewhere in the Business Park.

Furthermore, the various environment investigations for the Bunnings Site demonstrate that environmental factors can be adequately addressed and subject to more detailed assessment at the DA stage for any future hardware and buildings supplies proposal in the Pymble Business Park.

Accordingly, we recommend that Council endorse this Planning Proposal and forward it to the Minister for Gateway Approval.

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2 Background

2.1 Ku-ring-gai Local Environmental Plan No. 219 On 13 December 2011, in response to a Planning Proposal submitted by a landholder in the Pymble Business Park, Council resolved to prepare a Planning Proposal to rezone the whole of the Pymble Business Park to Zone B7 (Business Park).

On 20 January 2012, the Planning Proposal was submitted to the DoPI for determination.

On 20 February 2012, the Gateway Determination was issued granting permission to proceed with the public exhibition of the proposed rezoning.

Between 23 April 2012 and 7 May 2012, the Draft LEP (Draft LEP No. 219) and supporting material were placed on public exhibition.

On 17 July 2012, Council considered a report on submissions received in response to the public exhibition of Draft LEP No. 219. In this report, Council Officers recommended that ‘hardware and building supplies’ be included as a permissible use in the B7 zone. Notwithstanding the recommendation of Council Officers, Council resolved not to amend Draft LEP No. 219 to include ‘hardware and building supplies’ as a permissible use in the B7 zone.

On 30 July 2012, Draft LEP No. 219 was returned to the DoPI for assessment.

On 20 August 2012, the Director-General of the DoPI wrote to the Council indicating that there was “considerable merit” in including ‘hardware and building supplies’ as a permissible land use in the B7 zone. However, the DoPI did not want to delay the Planning Proposal process and did not direct Council to amend Draft LEP No. 219 at that time. Instead, the DoPI requested Council to include ‘hardware and building supplies’ as a permissible land use in the B7 zone in the draft Principal LEP when it proceeds.

On 18 January 2013, LEP No. 219 was gazetted and came into force, thereby amending the KPSO. The LEP provides for the following height and FSR standards for the majority of the Pymble Business Park:

• A maximum building height of 32.5 metres; and

• A maximum floor space ration of 3.5:1.

2.2 Ku-ring-gai Development Control Plan (Pymble Business Park) On 5 August 2013, the Ku-ring-gai Development Control Plan (Pymble Business Park) (the DCP) came into force.

The DCP sets out development controls to support LEP No. 219 and was prepared in the knowledge that ‘hardware and building supplies’ will be a permissible use in the B7 zone in the future.

2.3 Draft Ku-ring-gai Local Environmental Plan 2013 (Principal LEP) On 21 May 2012, the Draft Ku-ring-gai Local Environmental Plan 2013 or ‘Principal LEP’ was lodged with the DoPI for Gateway Determination.

The Draft LEP submitted to the DoPI applies Zone B7 (Business Park) to only one locality in the LGA – the Pymble Business Park. The Draft LEP as submitted did not include ‘hardware and building supplies’ as a permissible use in this B7 zone.

On 16 June 2012, Gateway Determination was issued in respect of the Draft LEP requiring amendments prior to public exhibition. In addition, the Gateway Determination set a timeframe of 9 months from the week after the Determination (i.e. 23 March 2013).

Between 25 March 2013 and 6 May 2013, the Draft LEP was placed on public exhibition.

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On 26 November 2013, Council adopted a final Draft Ku-ring-gai Local Environmental Plan 2013.

The timeframe for gazettal of the LEP is unknown although it is estimated that this is not likely to occur until at least mid-2014.

2.4 Meetings with Council On 8 January 2013, the Proponent and DFP met with Council’s Planning Officers to discuss the preparation of a Planning Proposal to permit ‘hardware and building supplies’ on the Bunnings Site. Council Officers were receptive to the proposal and suggested that it should be supported by:

• A Traffic Study;

• A Contamination Investigation;

• An investigation into existing trees within the Bunnings Site.

On 27 March 2013, the Proponent and members of the consultant team met with Council to discuss the detail of the Planning Proposal. The Proponent presented to Council Officers the nature of a Bunnings development, initial findings from traffic, ecological and contamination investigations and the implications of several controls within the Draft DCP on a ‘hardware and building supplies’ land use.

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3 Site Context

3.1 Locality The Pymble Business Park is located approximately 600 metres walking distance south of Pymble Railway Station and approximately 900 metres walking distance north of Gordon Railway Station, in the local government area (LGA) of Ku-ring-gai (see Figure 1).

Figure 1: Location of the Pymble Business Park (Source: LPI, 2013)

3.2 Site Description 3.2.1 Pymble Business Park

The Pymble Business Park comprises approximately 11 hectares of land west of the intersection of the Pacific Highway and Ryde Road and approximately one (1) hectare of land to the east of the Pacific Highway and west of the North Shore Railway Line (see Figure 2).

The Business Park accommodates a range of land uses including freight and logistics, office and local light industry and as at 2006, it was estimated that there was 88,999m² employment floor space on business zoned land1.

1 SGS Economics and Planning (2008). Ku-ring-gai and Hornsby Subregional Employment Study.

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Figure 2: Aerial Photograph of the Pymble Business Park and the Bunnings Site (Source: LPI, 2013)

Development comprises a mixture of primarily office style buildings, interspersed with freight and logistics, light industrial, showroom, indoor recreation facilities, storage facilities and a Council depot in Suakin Street (see Figures 3 and 4).

Many buildings are either fully or partially vacant as evidenced by the considerable number of ‘For Lease’ and ‘For Sale’ signs along Bridge Street and West Street. In addition, several office tenancies are currently being used for non-office uses such as gymnasiums, Pilates classes and cafes.

The majority of land parcels have vehicular access via Bridge Street, West Street or Suakin Street although several have access via Ryde Road and the Pacific Highway.

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01 The Pacific Highway looking north from Ryde Road

02 The Pacific Highway immediately north of the Bunnings Site

03 The Pacific Highway immediately north of the Bunnings Site

04 The Pacific Highway looking south-east toward Gordon

05 Development on the southern corner of the Pacific Highway / Ryde Road

06 Ryde Road looking south (Bunnings Site in right of photo)

07 964 Pacific Highway, on the corner of Bridge Street

08 Development south of the Bunnings Site

09 Development at 4-10 Bridge Street, between the Bunnings Site’s Bridge Street frontages

Figure 3: Photographs of the Locality

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01 Development on the northern side of Bridge Street

02 Development on the northern side of Bridge Street

03 Bridge Street looking north-east

04 Development on the southern side of Bridge Street

05 For Lease and For Sale signs in the Pymble Business Park

06 Post Office and Car Tyre Shop on eastern side of West Street

07 Plumbing supplies showroom on western side of West Street

08 Development on western side of West Street

09 Council Depot on Suakin Street

10 Storage Facility on Suakin Street

11 Bridge Street looking south-west

Figure 4: Photographs of the Pymble Business Park

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3.2.2 The Bunnings Site The Bunnings Site comprises two allotments which are described in Table 1 and shown on the Survey at Appendix A.

Table 1: Description of the Bunnings Site

Property Address Lot and DP Land Area (hectares)

950-950A Pacific Highway, Pymble Lot 1 in DP 718718 1.737

2 Bridge Street, Pymble Lot B in DP 371406 0.088

TOTAL 1.825

No. 2 Bridge Street is occupied by a one and two storey brick building with a metal roof with a gross floor area (GFA) of approximately 473m² (see Figure 5). This building is currently vacant. Vehicular access is available from Bridge Street to a small car parking area within the front building setback.

Nos. 950-950A Pacific Highway is occupied by a five storey concrete and glass building with a GFA of approximately 4,990m² (see Figure 5). This building was previously occupied by the firm “3M” as an office building and is currently vacant. The remainder of this allotment is occupied driveways from Bridge Street, internal vehicular circulation, open bitumen car parking areas and a two storey car park located along part of the southern boundary (see Figure 5).

The land falls from a high point at RL 124.8 in the north eastern corner fronting the Pacific Highway to a low point at RL 103.9 at the south-western corner of the multi-level concrete carpark (see Figure 5).

There is a moderately steep embankment extending along the Pacific Highway frontage with a very steep fall from the Ryde Road frontage in the south-eastern corner (see Figure 5).

The Strategic Contaminated Land Review prepared by Cavvanba Consulting (see Appendix D) indicates that there is an underground storage tank (UST) located under the car park to the north of the multi-storey car park and that there may be several other USTs or associated pipework just to the south of the 3M building.

In addition, a manufactured gas holder is known to have operated on the Bunnings Site between 1923 and 1966, prior to the 3M occupation. This gas holder extended onto the southern adjoining property. The Cavvanba Consulting report indicates that in the vicinity of the former gas holder, fill up to 8 metres depth was encountered.

The Tree Assessment Report prepared by RainTree Consulting (see Appendix B) identified 231 trees with approximately 148 of these being within the Bunnings Site and the remainder being on adjoining land. The majority of the identified trees are located along the Pacific Highway frontage and along the rear boundary of Nos. 2 and 10 Bridge Street (see Figure 3). Of the identified trees:

• 18 trees are exempt from Council’s Tree Preservation Order;

• 9 trees (including two exempt trees) are considered to be at risk of failing and are recommended for removal;

• 37 trees are considered to contain faults or defects reducing their viability for retention;

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• 4 trees have been identified for further investigation to quantify their retention value with each of these trees being on adjoining land;

• the remaining trees are capable of retention subject to more detailed assessment based on the impact of any proposed development.

With respect to Landscape Significance, Risk Values and Useful Life Expectancy (U.L.E.), the Tree Assessment Report indicates that:

• The majority of trees have Moderate to High Landscape Significance;

• Only seven (7) trees have a Landscape Significance of Very High with two (2) of these being external to the Bunnings Site;

• The majority of trees have Moderate to Low Risk Value; and

• The majority of trees have Short to Very Short U.L.E.

The Flora and Fauna Assessment undertaken by Cumberland Ecology (see Appendix C) indicates that four Sydney Blue Gum trees are located within Site and that these constitute a Critically Endangered Ecological Community (CEEC), notwithstanding that there is no understorey, low prospects for natural regeneration and that they are very limited as habitat.

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01 The Bunnings Site viewed from the Pacific Highway/ Ryde Road intersection looking north west

02 The southern vehicular entrance to the Bunnings Site off Bridge Street

03 Existing building at 2 Bridge Street

04 Existing 3M building

05 Looking south across the Bunnings Site from the Pacific Highway frontage

06 Looking north west over the car parking area from Ryde Road

07 Predominantly cleared land to the north west of the 3M building

08 Looking north over the Open car parking area in the centre of the Bunnings Site

09 Former loading dock looking south

10 Existing vegetation along the Pacific Highway frontage

11 Retaining structure and vegetation to the south east of the 3M building

12 Retaining structure to the east of the multi-storey car park adjacent to Ryde Road

13 Lower level of the multi-storey car park

Figure 5: Photographs of the Bunnings Site

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4 Hardware and Building Supplies Land Use Characteristics

4.1 Introduction The objective of this Planning Proposal is to include ‘hardware and building supplies’ as a permissible use in the B7 Zone applying to the entire Pymble Business Park.

Accordingly, in order to inform the justification for the Planning Proposal and the assessment of potential environmental impacts which has been undertaken in Section 5 of this report, the following subsections provide a strategic appreciation of a potential future hardware and building supplies land use.

4.2 Operational Characteristics In assessing the acceptableness of including ‘hardware and building supplies’ as a permissible land use in the B7 Zone, it is considered appropriate and relevant to provide a brief overview of this form of development.

Hardware and building supplies land uses typically entail sales of hardware, home improvement and outdoor living and garden products, particularly catering to the expanding do-it-yourself and trades market segments.

Hardware and building supplies warehouses are often referred to as ‘big box retail’ and rely on a low-cost, large store size, a wide product range and bulk volume retail model to ensure lowest prices can be maintained. Frequently, heavy and bulky stock can be received, stored, managed and sold to customers in a convenient and safe manner with convenient and safe access to vehicles to transport those products. Expressed in a physical form, this model dictates efficiency in site and plan layouts and the optimum expression is a (3) hectares site with flat topography. Needless to say, any variations to this approach impose restrictions on the efficiency of operations, retail performance as well as the additional upfront costs in developing this type of facility.

In Sydney in recent years, far more challenging sites have been developed than over the previous decade. Multi-level stores have recently been introduced to access the more densely populated and higher land price areas, including recent multi-level stores at Chatswood, Balgowlah, Castle Hill and Alexandria as well as undercroft parking levels below a single retail level warehouse at Seven Hills, Rouse Hill and Greenacre. Arising from these developments, there is now a body of evidence revealing the factors which need to be considered for a multi-level store. These factors can be summarised as follows:

• Sales: due to vertical transport (lifts, travelators, product staging areas and the like) there is less usable floor area available for retail use in a multi-level store meaning that sales per square metre decreases;

• Construction costs: generally speaking, construction costs substantially increase relative to the cost of a ‘standard’, single level warehouse;

• Shopping Convenience: cross-department shopping is less convenient across several levels and less likely to occur, thereby adversely impacting on shopper convenience and the time spent to complete project requirements;

• Stock Management: additional staffing is required to receive and manage stock movements across multiple levels; and

• Building Maintenance: given the heavy and bulky nature of many products, ongoing maintenance and repair costs are higher in a multi-level store compared to a single level store.

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The above retail model also mandates efficient internal layouts within a hardware and building supplies store. Irregular floor plans, such as curved plans or incisions into the floor plan, do not allow efficient racking layouts and provide for awkward internal spaces to service with mechanical goods transporters (i.e. pallets/forklifts), re-stock with products and generally maintain. This is especially the case considering the bulky and heavy stock which characteristically populates a Bunnings Warehouse.

This is most evident in the timber trade sales section of a hardware and building supplies store where customers typically drive into the building and proceed through an internal circulation pathway. Irregular layouts result in greater swept path requirements, thereby lowering efficiencies in stock presentation and negatively impacting the shopping experience. Irregular layouts also provide for secluded and poorly connected locations within a store, which is undesirable from a security point of view.

Accordingly, as regular a layout as possible must be maintained to ensure the future operations of a hardware and building supplies store will not be prohibitive.

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5 Matters Required by Section 55 of the EP&A Act

5.1 Introduction Section 55 of the EP&A Act relates to Planning Proposals and specifically, the matters that are to be addressed in a Planning Proposal. Specifically, Section 55 states:

“(1) Before an environmental planning instrument is made under this Division, the relevant planning authority is required to prepare a document that explains the intended effect of the proposed instrument and sets out the justification for making the proposed instrument (the planning proposal).

(2) The planning proposal is to include the following:

(a) a statement of the objectives or intended outcomes of the proposed instrument,

(b) an explanation of the provisions that are to be included in the proposed instrument,

(c) the justification for those objectives, outcomes and provisions and the process for their implementation (including whether the proposed instrument will comply with relevant directions under section 117),

(d) if maps are to be adopted by the proposed instrument, such as maps for proposed land use zones; heritage areas; flood prone land—a version of the maps containing sufficient detail to indicate the substantive effect of the proposed instrument,

(e) details of the community consultation that is to be undertaken before consideration is given to the making of the proposed instrument.

(3) The Director-General may issue requirements with respect to the preparation of a planning proposal.”

The following subsection of this Planning Proposal address the requirements of Section 55 of the EP&A Act.

5.2 Part 1 - Objectives or Intended Outcomes (Section 55(2)(a)) 5.2.1 Objectives and Outcomes

The intended objective or outcome of this Planning Proposal is:

To enable land within the Pymble Business Park zoned Zone B7 (Business Park) to be redeveloped for the purposes of ‘hardware and building supplies’.

5.2.2 Existing Zone objectives and permissible uses The Zone Objectives and Land Use Table pursuant to the current version of the KPSO are stated as follows:

“1 Objectives of the Zone

To provide a range of office and light industrial uses. To encourage employment opportunities. To enable other land uses that provide facilities or services to meet the day to day

needs of workers in the area.

2 Permitted without consent

Nil

3 Permitted with consent

Business premises; Child care centres, Food and drink premises; Light industries; General industries; Hotel or motel accommodation; Neighbourhood shops; Office premises; Passenger transport facilities; Respite day care centres; Warehouse or distribution centres; Water reticulation systems; Any other development not specified in item 2 or 4

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4 Prohibited

Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres, Crematoria; Ecotourist facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Heavy industrial storage establishments; Helipads; Highway services centres; Home-based child care; Home businesses; Home industries; Home occupations; Home occupations (sex services); Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Port facilities; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Residential accommodation; Restricted premises; Retail premises; Rural industries; Sewerage systems; Tourist and visitor accommodation; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies

The meanings of words or expression within the above provisions are subject to the definitions in the Standard Instrument (Local Environmental Plans) Order 2006.

Accordingly, ‘hardware and building supplies’ falls within the definition of ‘retail premises’ and is currently prohibited in the B7 Zone.

5.3 Part 2 - Explanation of Provisions (Section 55(2)(b)) 5.3.1 Proposed Permissibility

The proposed outcome will be achieved by:

Amending the Ku-ring-gai Planning Scheme Ordinance to include ‘hardware and building supplies’ as a permissible land use with development consent

in Zone B7 (Business Park).

5.4 Part 3 – Justification (Section 55(2)(c)) 5.4.1 Section A – Need for the Planning Proposal

5.4.1.1 Strategic Studies or Reports The rezoning of the Pymble Business Park under LEP No. 219 was the culmination of a investigations dating back to 2008 when the Hornsby and Ku-ring-gai Subregional Employment Study (May 2008) was prepared by SGS Economics and Sphere Property Corporation prepared a development feasibility as part of the preparation of Ku-ring-gai LEP (Town Centres) 2010.

These studies highlighted a demand for additional employment floor space with the SGS Economics Report of 2008 stating the following with regard to the Pymble Business Park:

“Considering future demand and potential supply, there is a shortfall of 19,412sqm in this area. This is driven by increasing office based employment.”

According to the Pymble Business Park – Transport Assessment of Access Improvements report prepared by GTA Consultants in 2011, Council had previously estimated that rezoning the Pymble Business Park to Zone B7 (with the now gazetted height and FSR controls) could yield in the order of 31,000m² of office floor space. This floor space, together with additional capacity in town centres arising from Ku-ring-gai LEP (Local Centres) 2012, was deemed sufficient to meet Ku-ring-gai’s contribution toward the subregional employment target under the Metropolitan Plan for Sydney 2036.

We understand that this estimate of additional office floor space did not include any additional floor spaces on the Bunnings Site and accordingly, any future use as a ‘hardware and building supplies’ development would not detract from the traditional office floor space estimates used for the purposes of attaining Council’s employment targets and would in fact provide additional employment opportunities in the LGA.

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Whilst LEP No. 219 did not include ‘hardware and building supplies’ as a permissible land use in the B7 Zone, the Council Report relating to the Exhibited Draft LEP dated 17 July 2012 stated:

“… it is important to keep employment zones within the local government area and have regard to future demand and market cycles. To this end, the planning controls should be flexible enough to encourage development that re-activates the precinct as a vibrant destination with a range of employment based uses. This also helps to minimise the impact of economic cycles on a precinct as different sectors can be at different points in the economic cycle.

…

The future viability of the Pymble Business Park lies in its ability to respond to changes in the economic cycles. The Planning Proposal is a proactive approach to planning for future employment needs by putting in place planning parameters to cater for future upturns in the economic cycle. To wait for market upturns to make planning changes could result in missed opportunities due to the time consuming plan making process.”

These comments are based on an advice to Council by Jones Lang LaSalle from June 2012. Referring to this advice, Council’s Report of 17 July 2012 also stated:

“… when considering additional land uses, it is important that those land uses do not distract from the core objective of the zone which is to provide for a range of office and light industrial uses and generate employment opportunities. Also expanded land uses should not detract from the economic growth of Gordon as a key retail centre.

To this end it is considered that the inclusion of “hardware and building supplies” as additional permitted uses in the precinct would not be incompatible with the zone objectives. It is also a use that would not be developed in a traditional retail centre under the modern market format proposed. In addition, as such uses have peak weekend traffic movements, traffic generation of the precinct will be spread more across off peak times such as weekend’s and less likely to adversely affect the network capacity issues currently being experienced.”

Accordingly, Council’s most recent strategic planning investigations support the inclusion of ‘hardware and building supplies’ as a permissible land use in the B7 Zone.

The inclusion of ‘hardware and building supplies’ as a permissible land use in the B7 Zone is also warranted given the likely slow take-up of office uses in the Pymble Business Park. The advice provided to Council by Jones Lang LaSalle in June 2012 which was appended to the Council Report of 17 July 2012 relating to LEP No. 219 stated the following:

“ The area is challenged by low rents and high vacancy;

…

The suburban office market is experiencing soft market conditions;

The addition of FSR does not necessarily mean that new development will become feasible or that existing values will increase;

In addition there is significant potential supply from competing markets. These two factors suggest that it is unlikely that speculative development will be feasible for some time;

…

In the current market the proposed planning changes will likely not result in any short term broad-brushed development up lift.

…

The planning controls should be flexible enough to encourage development that reactivates the precinct as a vibrant destination with a range of employment based uses. This also helps to minimise the impact of economic cycles on a precinct as different sectors can be viable at different points in the economic cycle”.

This analysis is supported by recent observations of business activity in the precinct which highlight a number of vacancies as well as traditional office buildings being utilised for alternate purposes such as gymnasiums, cafes, showrooms and the like.

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5.4.1.2 Best Means of Achieving the Intended Objectives or Outcomes The options for achieving the intended Objective/Outcome of this Planning Proposal are:

1. Add ‘hardware and building supplies’ as a permissible land uses with development consent in the B7 Zone; or

2. Permit ‘hardware and building supplies’ on the Bunnings Site by:

(a) Adding the following to Schedule of KPSO:

“Lot 1 in DP 718718 and Lot B in DP 371406, being 950-950A Pacific Highway and 2 Bridge Street, Pymble, as identified on the Map marked "Ku-ring-gai Local Environmental Plan No XXX" deposited in the office of the Council – ‘hardware and building supplies’”; and

(b) Inserting the following definition of ‘hardware and building supplies’ into Clause 4(1) of KPSO:

“hardware and building supplies means a building or place the principal purpose of which is the sale or hire of goods or materials, such as household fixtures, timber, tools, paint, wallpaper, plumbing supplies and the like, that are used in the construction and maintenance of buildings and adjacent outdoor areas”; and

(c) Inserting the following words at the end of the definition of “Scheme Map” in Clause 4(1) of KPSO:

“Ku-ring-gai Local Environmental Plan No XXX”.

In our opinion, given that KPSO is to be replaced by an LEP prepared in the format of the Standard LEP, Option 1 is the best means of achieving the Objective/Outcome of this Planning Proposal.

5.4.2 Section B – Relationship to Strategic Planning Framework

5.4.2.1 Regional and Subregional Strategies Metropolitan Plan for Sydney 2036

The Metropolitan Plan for Sydney 2036 (Sydney 2036) specifies a subregional employment target of 15,000 jobs (from 2006) to assist in attaining the objective of providing more jobs closer to home. Whilst Sydney 2036 does not identify exactly where all of these jobs are to be located, it does indicate that 2,000 are to be within the Hornsby Centre.

Sydney North Subregional Strategy

The Sydney North Subregional Strategy was prepared in 2007 and provides a modicum of greater detail than Sydney 2036, stating an employment target for Ku-ring-gai LGA of 4,500 jobs by 2031.

As discussed in Section 5.4.1.1, the additional floor space facilitated by Ku-ring-gai LEP (Local Centres) 2012 and LEP No. 219, has been assessed by Council as being sufficient to meet Ku-ring-gai’s contribution toward this employment target.

This Planning Proposal will facilitate an important contribution to this target and this contribution can be achieved in the short term, given the Proponent’s intention to prepare and submit a development application for ‘hardware and building supplies’ upon this use becoming permissible in the precinct.

Draft Metropolitan Strategy for Sydney to 2031

The Draft Metropolitan Strategy for Sydney to 2031 (Draft Sydney 2031) was on public exhibition until 31 May 2013 and when adopted, will replace Sydney 2036.

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Draft Sydney 2031 joins the LGAs of Ku-ring-gai and Hornsby (which constitute the North Subregion under Sydney 2036) with the LGAs of Manly, Pittwater and Warringah into a new “North Subregion” and specifies an employment target for this subregion of 39,000 jobs (from 2011). Draft Sydney 2031 does not identify where these jobs are to be located although it is expected that a new subregional ‘Delivery Plan’ will be prepared in 2014 to provide greater detail in this regard.

Notwithstanding that specific details are yet to be provided under this new metropolitan and subregional strategy framework, the additional floor space and employment that will be facilitated by this Planning Proposal will make a valuable contribution toward the new subregional employment target.

5.4.2.2 Local Strategies and Policies This Planning Proposal is consistent with the Ku-ring-gai Council Community Strategic Plan 2030 as it supports Council’s objective to have a Comprehensive Integrated Principal LEP by adding a land use that is consistent with the Standard LEP.

This Planning Proposal is consistent with the Ku-ring-gai Sustainability Vision 2008-2033 as it will assist to:

• provide opportunities for local businesses and employment; and • maintain a strong and stable local economy.

This Planning Proposal is also consistent with the Ku-ring-gai Integrated Transport Strategy – July 2011 as it is likely to:

• increase the proportion of jobs that are located near major public transport corridors; • support delivery of employment targets within the LGA thereby increasing trip

containment; and • reduce levels of congestion and improve amenity in town centres and residential

areas by locating ‘hardware and building supplies’ land uses within a business precinct with ready access to the regional road network without requiring access through centres or local residential streets;

5.4.2.3 State Environmental Planning Policies Table 2 provides an assessment of the Planning Proposal’s consistency with relevant State Environmental Planning Policies (SEPPs).

Table 2: Consistency with Applicable State Environmental Planning Policies

SEPP Response Consistency

SEPP No. 55 Remediation of Land Council and the DoPI are required under SEPP 55 to consider if the land subject to this Planning Proposal is contaminated and if so, whether the land is suitable for the intended use or can readily be made suitable prior to that use commencing.

Whilst the Strategic Contaminated Land Review prepared by Cavvanba Consulting (see Appendix D) relates to the Bunnings Site, it provides an indication of the types of contamination issues likely to be encountered throughout the Pymble Business Park and concludes that subject to detailed assessment at the development application stage land within the Pymble Business Park is likely to be capable of being made suitable for the intended land use.

Consistent

SEPP (Infrastructure) 2007 Clause 101 of this SEPP relates to development with a frontage to a classified road and Clause 104 relates to assessment of traffic impacts of certain types of development, such as development with car parking supply in excess of 200 vehicles.

The requirements of both of Clauses 101 and 104 are triggered at the development application stage rather than as part of this planning proposal. Notwithstanding, the Traffic Impact Assessment Report prepared by TTPA demonstrates that a ‘hardware and building supplies’ in the precinct would be capable of being consistent with these clauses.

Consistent

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Accordingly, the Planning Proposal is considered to be consistent with the relevant applicable SEPPs.

5.4.2.4 Directions under Section 117 Table 3 provides an assessment of the Planning Proposal’s compliance with relevant Section 117 Directions.

Table 3: Compliance with Section 117 Directions

Section 117 Direction Response Consistency

1.1 Business and Industrial Zones (1) The objectives of this direction are to:

(a) encourage employment growth in suitable locations, (b) protect employment land in business and industrial

zones, and (c) support the viability of identified strategic centres.

(4) A planning proposal must:

(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.

This Planning Proposal will facilitate employment opportunities in an existing business zone without detracting from core retail centres. - See above; - There is no change to the

area of the existing zone - There is no change to the

existing FSR - N/A - The locality is within an

existing employment area

Consistent Consistent Consistent Consistent N/A Consistent

2.3 Heritage Conservation (1) The objective of this direction is to conserve items, areas,

objects and places of environmental heritage significance and indigenous heritage significance.

… (4) A planning proposal must contain provisions that facilitate

the conservation of: (a) items, places, buildings, works, relics, moveable

objects or precincts of environmental heritage significance to an area, in relation to the historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value of the item, area, object or place, identified in a study of the environmental heritage of the area,

(b) Aboriginal objects or Aboriginal places that are protected under the National Parks and Wildlife Act 1974, and

(c) Aboriginal areas, Aboriginal objects, Aboriginal places or landscapes identified by an Aboriginal heritage survey prepared by or on behalf of an Aboriginal Land Council, Aboriginal body or public authority and provided to the relevant planning authority, which identifies the area, object, place or landscape as being of heritage significance to Aboriginal culture & people.

The Planning Proposal does not in itself have any impact on any known heritage items, areas objects or places. A State heritage item is located at 982 Pacific Highway (Pymble Electricity Substation) and the Fire Station at 966 Pacific Highway is on the State Governments ‘Heritage and Conservation Register’ under section 170 of the Heritage Act 1977. Any future development application for a hardware and building supplies land use on these sites or in the vicinity of these sites will need to assess the impact of such a proposed development on the significance of these items.

Consistent

3.4 Integrating Land Use and Transport

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

walking, cycling and public transport, and (b) increasing the choice of available transport and

reducing dependence on cars, and (c) reducing travel demand including the number of trips

The proposal will facilitate alternate employment opportunities in an existing area zoned for employment land uses with ready access to public transport and with immediate access to the regional road network. In addition, the proposal will

Consistent

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generated by development and the distances travelled, especially by car, and

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

(e) providing for the efficient movement of freight.

(4) A planning proposal must locate zones for urban purposes and include provisions that give effect to and are consistent with the aims, objectives and principles of: (a) Improving Transport Choice – Guidelines for planning

and development (DUAP 2001), and (b) The Right Place for Business and Services – Planning

Policy (DUAP 2001).

encourage employment opportunities close to residents of the Ku-ring-gai LGA, thereby increasing trip containment and potentially reducing work-based vehicle trips.

4.4 Planning for Bushfire Protection (1) The objectives of this direction are:

(a) to protect life, property and the environment from bush fire hazards, by discouraging the establishment of incompatible land uses in bush fire prone areas, and

(b) to encourage sound management of bushfire prone areas. (4) In the preparation of a planning proposal the relevant

planning authority must consult with the Commissioner of the NSW Rural Fire Service following receipt of a gateway determination under s56 of the Act, and prior to undertaking community consultation in satisfaction of s57 of the Act, and take into account any comments so made,

(5) A planning proposal must: (a) have regard to Planning for Bushfire Protection 2006, (b) introduce controls that avoid placing inappropriate

developments in hazardous areas, and (c) ensure that bushfire hazard reduction is not prohibited

within the APZ.

This Planning Proposal does not intend to change the core zoning of the Pymble Business Park, merely to include an additional, compatible land use. Accordingly, whilst parts of the Pymble Business Park are mapped as bushfire prone land, the provisions of the EP&A Act and KPSO (including the recently gazetted LEP No. 219) are considered to adequately accommodate statutory requirements with regard to bushfire protection.

Consistent

6.1 Approval and Referral Requirements

(1) The objective of this direction is to ensure that LEP provisions encourage the efficient and appropriate assessment of development.

(4) A planning proposal must: (a) minimise the inclusion of provisions that require the

concurrence, consultation or referral of development applications to a Minister or public authority, and

(b) not contain provisions requiring concurrence, consultation or referral of a Minister or public authority unless the relevant planning authority has obtained the approval of: (i) the appropriate Minister or public authority, and (ii) the Director-General of the Department of

Planning (or an officer of the Department nominated by the Director-General), prior to undertaking community consultation in satisfaction of section 57 of the Act, and

(c) not identify development as designated development unless the relevant planning authority: (i) can satisfy the Director-General of the Department

of Planning (or an officer of the Department nominated by the Director-General) that the class of development is likely to have a significant impact on the environment, and

(ii) has obtained the approval of the Director-General of the Department of Planning (or an officer of the Department nominated by the Director-General) prior to undertaking community consultation in satisfaction of section 57 of the Act.

This Planning Proposal does not include any proposed provisions requiring referrals or concurrences.

Consistent

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6.3 Site Specific Provisions (1) The objective of this direction is to discourage unnecessarily

restrictive site specific planning controls. (4) A planning proposal that will amend another environmental

planning instrument in order to allow a particular development proposal to be carried out must either: (a) allow that land use to be carried out in the zone the

land is situated on, or (b) rezone the site to an existing zone already applying in

the environmental planning instrument that allows that land use without imposing any development standards or requirements in addition to those already contained in that zone, or

(c) allow that land use on the relevant land without imposing any development standards or requirements in addition to those already contained in the principal environmental planning instrument being amended.

(5) A planning proposal must not contain or refer to drawings that show details of the development proposal.

This Planning Proposal does not include any proposed site or development specific provisions.

Consistent

7.1 Implementation of the Metropolitan Plan for Sydney 2036

(1) The objective of this direction is to give legal effect to the

vision, transport and land use strategy, policies, outcomes and actions contained in the Metropolitan Plan for Sydney 2036.

(4) Planning proposals shall be consistent with:

(a) the NSW Government’s Metropolitan Plan for Sydney 2036 published in December 2010 (“the Metropolitan Plan”).

As discussed in Section 5.4.2.1 of this report, this Planning Proposal is consistent with the Metropolitan Plan for Sydney 2036.

Consistent

Accordingly, the Planning Proposal is considered to comply with the relevant Section 117 Directions.

5.4.3 Section C – Environmental, Social and Economic Impact

5.4.3.1 Critical Habitat, threatened species, populations or ecological communities The Pymble Business Park has already been zoned for employment generating land uses by virtue of LEP No. 219 and this Planning Proposal merely intends to add a further, compatible employment generating land use to the list of land uses that are permissible with development consent.

Furthermore, the recently exhibited LEP 2013 maps only a small proportion of the Pymble Business Park as ‘Areas of Biodiversity Significance’, including a very small area within the south-eastern corner of the Bunnings Site – equating to about 0.1% of the total Site Area.

Furthermore, the Flora and Fauna Assessment report prepared by Cumberland Ecology (see Appendix C), whilst not applying to the entire Pymble Business Park, provides an indication of the types of flora and fauna issues likely to be encountered by any future development proposal, including one for a hardware and building supplies land use. The findings of this report include:

• There are areas of highly modified vegetation that provide limited habitat for native species and urban character of the locality suggests that there are low prospects for significant regrowth of flora and any minor loss of fauna habitat is unlikely to significantly impact on the continuation of locally occurring species.

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• The loss of individual trees is not likely to be significant in terms of a loss of habitat for threatened species although it may technically be significant because it could remove a significant area of known habitat.

• If required, a Species Impact Statement can be prepared to formally assess the impacts of any future development proposal and if necessary, the loss of habitat could be offset either on the land subject to the development, elsewhere within the precinct or in the wider locality.

Furthermore, it should be noted that a ‘hardware and building supplies’ land use would not conceivably be different to wholesale redevelopment of any site within the precinct for other uses that are currently permissible in the B7 Business Park Zone such as Business premises, Light industries, General industries, Passenger transport facilities or Warehouse or distribution centres.

5.4.3.2 Other environmental effects and their management Traffic and Parking

As indicated in Section 5.4.1.1 of this report, the investigations which led to the rezoning of the Pymble Business Park to the B7 Zone under LEP No. 219 included a traffic impact assessment. However, that traffic assessment did not include any additional floor space on the Bunnings Site. Accordingly, in order to ascertain the maximum potential traffic and parking implications of including ‘hardware and building supplies’ as a permissible land use in the Pymble Business Park, an Assessment of Traffic and Parking Implications has been prepared by TTPA (see Appendix E). The findings of this report include:

• Traffic generation rates for a ‘hardware and building supplies’ land use have been derived based on surveys of these types of facilities undertaken by Hyder Consulting on behalf of RMS;

• For an indicative additional development comprising in the order of 16,390m², the adopted traffic generation rates (per 100m²), passing trade factors and resulting traffic generation are:

Time Period Vehicle trips

per hour (vtph)

Less Passing Trade Factor

Projected Trip Generation (accounting for passing trade) (vtph)

AM 0.60 0% 100 PM 2.00 20% 264 WEEKEND 5.0 25% 620

• The future traffic accounting for the addition of a ‘hardware and building supplies’ development in the Precinct has been modelled using SIDRA accounting for:

- the provision of traffic signals at the Ryde Road/West Street intersection as already proposed by Council;

- the construction of a left turn lane along the Ryde Road off ramp.

The modelling results are as follows:

AM PM WEMD

LOS DS AVD LOS DS AVD LOS DS AVD Pacific/Bridge A - 3.9 A - 6.7 A - 4.5 Ryde/West A - 9.8 B - 24.7 A - 11.5 Pacific/Ryde/Mona Vale - with left turn lane D 1.038 51.0 C 0.808 32.2 C 0.972 40.1 - west approach D 0.996 52.6 C 0.802 33.4 C 0.830 36.0 - queue - 92.2 - - 57.2 - - 45.1 -

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Where: WEMD = Weekend Midday LOS = Level of Service DS = Degree of Saturation AVD = Average Delay in seconds Queue = metres

• This modelling indicates that:

- the operation of the Ryde Road/West Street and Pacific Highway/Bridge Street intersections will be satisfactory in all circumstances with traffic signals at the West Street intersection which are included in Council’s Section 94 Contributions Plan; and

- the Level of Service at the Pacific Highway/Ryde Road/Mona Vale Road intersection would be significantly improved with an additional Left Turn lane on the Ryde Road off ramp.

Accordingly, the concept proposal for a ‘hardware and building supplies’ land use in the precinct is not considered to be detrimental to the operation of the surrounding road network subject to works already proposed to be carried out by Council pursuant to the Section 94 Plan.

Furthermore, the level of car parking and access arrangements can be adequately assessed at the development application stage.

Contamination

As discussed in Sections 3.2.2 and 5.4.2.4 of this report, whilst the Preliminary Site Contamination Investigation prepared by Cavvanba Consulting (see Appendix D) is for the Bunnings Site, it provides an indication of the likely contamination issues that may arise on land in the Pymble Business Park. The report demonstrates that site contamination is not considered to be a constraint to development for a ‘hardware and building supplies’ land use and further investigations, details of remediation (if required) and management plans (if required) can be included with any future development application.

Visual Impact

Whilst a hardware and building supplies land use is likely to yield a design and appearance from the streetscape which varies from some of the more traditional office building land uses in the precinct, the design of any future hardware and building supplies land use is a matter for assessment as part of a future development application but this land use typology does not preclude an appropriate design response in the context of the business park.

5.4.3.3 Social and economic effects Employment

The proposal is likely to facilitate the early rejuvenation of the Pymble Business Park and provide additional local employment opportunities. Indeed, given the apparent high vacancy of traditional office development in the vicinity, a ‘hardware and building supplies’ land use is likely to be one of few major redevelopments in the locality in the short term.

5.4.4 Section D – State and Commonwealth Interests

5.4.4.1 Public Infrastructure The Pymble Business Park has frontages to two State controlled roads and the size of future hardware and building supplies land use in terms of car parking spaces and traffic generation is likely to warrant consideration of the impact on the flow and capacity of the State Road network.

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As discussed in Section 5.4.3.2 of this report, the modelling undertaken by TTPA indicates that addition of a hardware and building supplies land use to the precinct would be acceptable with regard to traffic impacts, subject to several network improvements which are already planned for and included in Council’s Section 94 Development Contributions Plan.

Furthermore, discussions with the RMS have indicated that an additional left turn lane from Ryde Road to the Pacific Highway is theoretically feasible and there would likely be benefits to network capacity in the locality arising from such works although the detail of any specific access arrangements can be provided at the development application stage.

It is considered that there are no other potential impacts relating to public infrastructure arising from this Planning Proposal.

5.4.4.2 Public Authority Consultation and Referral The Proponent and their Traffic Consultant have consulted with Council Traffic Engineers and the RMS in regard to the potential traffic impacts of a ‘hardware and building supplies’ use in the precinct.

As discussed in Sections 5.4.3.2 and 5.4.4.1 of this report, the modelling undertaken by TTPA indicates that the Concept Proposal would be acceptable with regard to traffic impacts, subject to several planned network improvements. More detailed planning and statutory approvals with regard to any specific proposals can be undertaken at the development application stage.

As a State heritage item is located at 982 Pacific Highway (Pymble Electricity Substation) and the Fire Station at 966 Pacific Highway is on the State Governments ‘Heritage and Conservation Register’ under section 170 of the Heritage Act 1977, the Planning Proposal should be referred to the NSW Office of Environment and Heritage for comment although it is noted that the Planning Proposal does not in itself have any impact on these items and there will be an opportunity to consider heritage impacts as part of an future development application for a hardware and building supplies land use in the precinct.

It is considered that there are no other statutory consultations required as a consequence of this Planning Proposal although it is noted that Section 117 Direction 4.4 requires that the Commissioner of the NSW Rural Fire Service must be consulted following receipt of a gateway determination under section 56 of the Act, and prior to undertaking community consultation in satisfaction of section 57 of the Act.

5.5 Part 4 – Mapping (Section 55(2)(d)) No Mapping is required as a consequence of this Planning Proposal as it only involves the inclusion of an additional land use with the Land use table.

5.6 Part 5 - Community Consultation (Section 55(2)(e)) The investigative studies which culminated in Ku-ring-gai LEP (Local Centres) 2012 and LEP No. 219, as well as these instruments themselves, have been the subject of considerable community and statutory consultation over the past few years.

Whilst it is a requirement to undertake further statutory consultation relating to a Draft LEP, it is considered that this need not be extensive or prolonged and should not exceed 14 days and this period of time has been supported by Council.

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5.7 Part 6 – Project Timeline The timeline for assessment, consultation and determination of this Planning Proposal will be for Council and DoPI to determine however, given the previous support for this matter expressed by both DoPI and Council, it is considered that it should be possible to expedite this Planning Proposal within the DoPI’s suggested timeframe of 6 months for a minor spot rezoning. Table 4 provides further details in this regard:

Table 4: Project Timeline

Task Target Date/s

Commencement (Gateway Determination) 21 February 2014

Completion of required technical information 6 March 2014

Government Agency Consultation (pre and post exhibition as required by Gateway Determination)

7 March 2014 to 4 April 2014 28 days including public exhibition of 14 days

Public Exhibition Period 14 March 2014 to 27 March 2014 14 days

Consideration of submissions 28 March 2014 to 16 April 2014 21 days

Consideration of a proposal post exhibition 30 April 2014 2 weeks for reporting

Submission to the Department to finalise the LEP 2 May 2014

Making of the Plan by Council (if delegated) 30 May 2014 4 weeks from submission

Forwarding of the Plan to the Department for notification

6 June 2014

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6 Conclusion and Recommendations This Planning Proposal has been prepared on behalf of Bunnings and seeks to include ‘hardware and building supplies’ as a permissible land use with development consent in Zone B7 (Business Park) pursuant to the Ku-ring-gai PSO.

This report and accompanying material has been prepared in accordance with Section 55 of the EP&A Act and relevant Departmental guidance.

This report concludes that inclusion of ‘hardware and building supplies’ as a permissible land use with development consent in Zone B7 (Business Park) pursuant to the Ku-ring-gai Planning Scheme Ordinance (KPSO):

• is consistent with previous Departmental advice to Council;

• is consistent with Council’s Draft LEP 2013;

• is consistent with regional and subregional planning and transport strategies as well as local planning studies;

• is not inconsistent with relevant SEPPs and Section 117 Directions; and

• is likely to rejuvenate the Pymble Business Park by permitting a ‘hardware and building supplies’ use on the Bunnings Site or elsewhere in the Pymble Business Park.

Furthermore, the studies included in this Planning Proposal demonstrates the likely environmental factors that would relate to a hardware and building supplies proposal and that these environmental factors can be adequately addressed and subject to more detailed assessment at the DA stage.

Accordingly, we recommend that Council endorse this Planning Proposal and forward it to the Minister for Gateway Approval.

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