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128 AND 130-150

BUNNERONG ROAD,
PAGEWOOD
REVISED PLANNING
PROPOSAL

5 SEPTEMBER 2018
SA7548
FINAL
PREPARED FOR MERITON PROPERTY SERVICES PTY LTD
URBIS STAFF RESPONSIBLE FOR THIS REPORT WERE:
Director David Hoy
Associate Director Danielle Blakely
Senior Consultant Erin Dethridge
Project Code SA7548
Report Number Final – November 2018

© Urbis Pty Ltd


ABN 50 105 256 228

All Rights Reserved. No material may be reproduced without prior permission.

You must read the important disclaimer appearing within the body of this report.

urbis.com.au
CONTENTS

TABLE OF CONTENTS
Executive Summary ............................................................................................................................................. i
Overview .............................................................................................................................................................. i
Subject Site ........................................................................................................................................................ iii
Concept Design ................................................................................................................................................. iv
Planning Assessment ......................................................................................................................................... v
1. Introduction ........................................................................................................................................... 1
1.1. Overview ............................................................................................................................................... 1
1.2. Report Structure .................................................................................................................................... 2
1.3. Consultation .......................................................................................................................................... 3
2. Planning History .................................................................................................................................... 6
2.1. Rezoning Proposal................................................................................................................................ 6
2.2. Development Control Plan .................................................................................................................... 6
2.3. Development Applications .................................................................................................................... 7
2.4. Gateway Determination ...................................................................................................................... 10
2.5. Current Rezoning Proposal ................................................................................................................ 10
3. Site Context ........................................................................................................................................ 11
3.1. Site Description ................................................................................................................................... 11
3.2. Existing Uses ...................................................................................................................................... 12
3.3. Surrounding Context ........................................................................................................................... 14
3.4. Existing Open Space .......................................................................................................................... 14
4. Strategic Planning Context ................................................................................................................. 16
4.1. A Metropolis of Three Cities – The Greater Sydney Region Plan ...................................................... 16
4.2. Eastern City District Plan .................................................................................................................... 17
5. Statutory Planning Context ................................................................................................................. 19
5.1. Botany Bay Local Environmental Plan 2013 ...................................................................................... 19
6. Development Masterplan .................................................................................................................... 23
6.1. Development Overview ....................................................................................................................... 23
6.2. Design Principles ................................................................................................................................ 23
6.3. Land Use ............................................................................................................................................. 25
6.4. Height and Built Form ......................................................................................................................... 26
6.5. SEPP 65 ............................................................................................................................................. 28
6.6. Car Parking ......................................................................................................................................... 31
6.7. Open Space ........................................................................................................................................ 32
6.8. Comparison with Hill Thalis Scheme .................................................................................................. 34
6.9. Public Benefit Offer ............................................................................................................................. 35
7. Request to Prepare a Planning Proposal ........................................................................................... 36
7.1. Overview ............................................................................................................................................. 36
7.2. Part 1 – Objectives or Intended Outcomes ......................................................................................... 36
7.3. Part 2 – Explanation of the Provisions ................................................................................................ 36
8. Part 3 - Justification ............................................................................................................................ 39
8.1. Section A – Need for the Planning Proposal ...................................................................................... 39
8.2. Section B – Relationship to Strategic Planning Framework ............................................................... 39
8.3. Section C – Environmental, Social and Economic Impact.................................................................. 53
9. Part 4 – Mapping................................................................................................................................. 58
10. Part 5 - Community Consultation ........................................................................................................ 59
11. Part 6 – Project Timeline..................................................................................................................... 60
12. Conclusion .......................................................................................................................................... 61
Disclaimer 63

Appendix A Masterplan and Urban Design Report


Appendix B Economic Impact Assessment
Appendix C Services, Drainage and Flooding Due Diligence Report
Appendix D Transport Impact Assessment
Appendix E Summary of Geotechnical Conditions
Appendix F Summary of Contamination Investigations
Appendix G Preliminary Tree Assessment Report
Appendix H Survey Plan
Appendix I Aeronautical Impact Assessment
Appendix J Proposed LEP Mapping
Appendix K Complying Development Certificate
Appendix L Heritage Impact Statement

FIGURES:
Figure 1 – Locality Plan ..................................................................................................................................... iii
Figure 2 – Meriton’s Pagewood Site ................................................................................................................... 1
Figure 3 – Approved Subdivision Layout ............................................................................................................ 8
Figure 4 – Approved Stage 1 Masterplan Concept ............................................................................................ 9
Figure 5 – Location Plan ...................................................................................................................................11
Figure 6 – Aerial Photo of Subject Site .............................................................................................................12
Figure 7 – Photographs of Subject Site ............................................................................................................13
Figure 8 – Local Context Map ..........................................................................................................................15
Figure 9 – Greater Sydney as Three Cities ......................................................................................................16
Figure 10 – Eastern City District Structure Plan 2036 ......................................................................................18
Figure 11 – BBLEP 2013 Zoning Map Extract .................................................................................................19
Figure 12 – BBLEP 2013 FSR Map Extract .....................................................................................................21
Figure 13 – BBLEP 2013 Height of Buildings Map Extract ..............................................................................22
Figure 14 – Preferred Masterplan .....................................................................................................................23
Figure 15 – 3D Perspective ..............................................................................................................................28
Figure 16 – Solar Access Analysis ...................................................................................................................30
Figure 17 – Landscape Concept Plan ..............................................................................................................33
Figure 18 – Hill Thalis Preferred Concept Plan ................................................................................................34
Figure 19 – External Image of the Administration Building ..............................................................................55

PICTURES:
Picture 1 – Southern Boundary of Lot 1 ...........................................................................................................13
Picture 2 – Existing Administration Building .....................................................................................................13
Picture 3 – Former BATA Facilities within Lot 1 ...............................................................................................13
Picture 4 – Bunnerong Road Frontage .............................................................................................................13
Picture 5 – Existing Clocktower Building ..........................................................................................................13
Picture 6 – Southern Portion of Site under Construction..................................................................................13

TABLES:
Table 1 – Summary of Existing Zoning Controls ..............................................................................................20
CONTENTS
Table 2 – Minimum Car Parking Rates .............................................................................................................31
Table 3 – Assessment of Planning Proposal against the Relevant Objectives of the Greater Sydney Region
Plan ...................................................................................................................................................................40
Table 4 – Assessment of Planning Proposal against the Relevant Planning Priorities of the Eastern City
District Plan .......................................................................................................................................................43
Table 5 – Site-Specific Merit Test .....................................................................................................................46
Table 6 – SEPP Consistency Review...............................................................................................................47
Table 7 – Consistency with Section 117 Ministerial Directions ........................................................................49
Table 8 – Proposed Indicative Project Timeline ...............................................................................................60
EXECUTIVE SUMMARY
OVERVIEW
Rarely in Metropolitan Sydney do opportunities exist to deliver significant and positive intergenerational
contributions to housing supply. The site owned by Meriton Property Services Pty Ltd (Meriton) in
Pagewood is capable of doing just that. With 16.5ha in total area under its sole control, Meriton’s site must
be assessed not only against short-term planning considerations, but for its capacity to contribute to the 20-
year planning outcomes envisaged in the Eastern City District Plan (the District Plan) released by the
Greater Sydney Commission in March 2018. This includes transforming the Eastgardens-Maroubra Junction
Corridor into a thriving Strategic Centre and achieving substantial dwelling supply targets in excess of 10,000
new houses in the Bayside Local Government Area (LGA) alone.
Meriton’s site is a catalyst for this transformation, with the tone for redevelopment established by the
planning approvals for the large-scale mixed use development within the southern portion of Meriton’s site
and the construction that has already commenced. In addition, there is the potential to deliver increased
densities in time for any future public transport initiative by the NSW State Government.
This Planning Proposal received Gateway Determination on 12 December 2017 supporting the proposal and
allowing it to ‘proceed subject to conditions’. The Gateway Determination was issued by the Department of
Planning as a delegate of the Great Sydney Commission. The Gateway Determination confirmed that
proposal has site specific and strategic merit, noting it was generally consistent with strategic planning
policy, including state, draft district and local planning objectives. An amended Gateway Determination was
issued on 9 October 2018 which amended the gateway conditions to be satisfied prior to undertaking
community consultation.
This revised Planning Proposal Report has been prepared by Urbis on behalf of Meriton (the Proponent) to
initiate the preparation of an amendment to the Botany Bay Local Environmental Plan 2013 (BBLEP 2013),
and addresses the Gateway Determination conditions.
The amendment relates to land at 128 and part 130-150 Bunnerong Road, Pagewood and will result in the
following:

• Amend the zoning for the site from part IN1 General Industrial and part R3 Medium Density Residential
to R4 High Density Residential;

• Maximum floor space ratio (FSR) development standard of 2.35:1;

• Maximum building heights across the site of part RL 37.0, part RL 60.0 and part RL 91.0;

• Introduce a new Additional Local Provision at Clause 6.12 of the BBLEP 2013 requiring the preparation
of a development control plan for the subject site;

• Introduce a new clause at Schedule 1 Additional Permitted Uses of the BBLEP 2013 to permit
‘commercial premises’, ‘recreation facility (indoor)’ and ‘serviced apartment’ with development consent.
Non-residential uses across the site must have a minimum total floor space of 5,000sqm.
This report has been prepared to assist the Bayside Council (Council) to prepare a Planning Proposal for the
LEP Amendment of the site in accordance with Section 3.33 of the Environmental Planning and Assessment
Act 1979 (EP&A Act). This report has been prepared in accordance with DPE’s A Guide to Preparing
Planning Proposals.
The Planning Proposal has been revised to address the following conditions of the Gateway Determination
(Department Ref: PP_2017_BSIDE_007_00) dated 12 December 2017:
1. Prior to community consultation, the planning proposal is to be updated to:
(a) demonstrate consistency with the Draft Greater Sydney Region Plan and the Draft Revised
Eastern City District Plan (both documents were finalised by the Greater Sydney Commission in
March 2018);
(b) amend the explanation of provisions to include the requirement of a minimum of 5,000 square
metres of commercial floor space as an additional permitted use;

EXECUTIVE SUMMARY i
(c) update the number of jobs to reflect the provision of an additional 5,000 square metres of
commercial floor space; and
(d) Investigate and discuss the proponent suitable affordable housing outcomes for the site.

ii EXECUTIVE SUMMARY
SUBJECT SITE
Formally known as the British American Tobacco Australasia (BATA) site, it is bounded by Bunnerong Road
to the east, Heffron Road to the north, Banks Avenue to the west and Westfield Eastgardens Shopping
Centre to the south.
The site is legally described as Lot 1 in DP 1187426 and Lot 24 in DP 1242288 (formerly part Lot 2 in DP
1187426). The broader BATA site covers an area of 16.5ha and represents the largest privately-owned
landholding in the Central District of Sydney immediately available for development. An amendment to the
BBLEP 2013 was made in June 2013 to rezone the southern part of former Lot 2 in DP 1187426 from
industrial uses to residential and mixed uses and redevelopment of that land is now progressing.
The rezoning of the currently underutilised industrial portion of the BATA site is supported by the District Plan
and Botany Bay Planning Strategy 2031 (Council’s 2031 Strategy) and accords with previous Department of
Planning and Environment (DPE) strategic directions to locate new infill housing close to shops, centres and
high frequency bus routes.
In recognition of its scale and strategic location, the site is located within the recently designated
Eastgardens – Maroubra Strategic Centre. These recent changes in strategic planning context together with
BATA ceasing industrial operations and vacating the site, provides an opportunity to reconsider and integrate
the entire northern portion of the BATA site (north of Meriton Boulevard). The preferred option for the
Planning Proposal therefore includes both Lot 1 in DP 1187426 and Lot 24 in DP 1242288 (the subject site),
see Figure 1.
Figure 1 – Locality Plan

Lot 24

Lot 1

Former Lot 2

Subject Site

Source: Nearmaps and Urbis

EXECUTIVE SUMMARY iii


CONCEPT DESIGN
A Masterplan and Urban Design Report illustrating the type of development facilitated by the Planning
Proposal has been prepared by SJB and is provided at Appendix A. The design has been informed by, and
provides for the extension of, the approved Stage 1 Masterplan for the southern part of former Lot 2 in DP
1187426 to foster a cohesive and integrated approach to the redevelopment of the broader BATA site. The
masterplan has adopted and evolved some of the elements of the Hill Thalis concept prepared on behalf of
Council. An earlier concept plan prepared by Hassell accompanied the Planning Proposal Report submitted
to Council in April 2017.
Key features of the masterplan include:

• Land Use: Provision is made for approximately 2,015 new dwellings (representing an additional 1,639
dwellings across the broader BATA site). The planned dwellings are expected to comprise a mix of unit
types including one, two and three-bedroom units. The masterplan has also identified the potential to
accommodate serviced apartments and seniors housing in the form of independent living units (ILUs).
Allowance has been made for two x 75-place child care centres and 5,000sqm of complementary non-
residential uses including commercial floor space, serviced apartments and a gymnasium.

• Height and Built Form: Multiple buildings are proposed across the site ranging from two storey
townhouses to 20 storey towers. The built form approach has staggered taller buildings to create a more
diverse skyline and reinforce the junction of proposed internal streets with the existing road network. A
reduction in building heights towards the northern portion of the site (two storeys) is proposed in
response to the low density residential neighbourhood north of Heffron Road and is consistent with the
masterplan for Stage 1 of the BATA site. Density has also been distributed away from Bunnerong Road
to minimise overshadowing to residential properties to the east.

• FSR: A total GFA of 210,490sqm can be accommodated across the site, which equates to an overall
FSR of 2.35:1.

• Open space: A network of strategically located and connected open spaces with a combined area of
approximately 20,208sqm will be integrated into the development. This includes a large green link
between Jellicoe Park to the north and the previously approved “Central Park” adjacent to Meriton
Boulevard, and a linear park along the entire northern edge of the site.

• Access: A legible network of streets is provided by extending the lot structure established as part of the
Stage 1 Masterplan for the southern part of former Lot 2 in DP 1187426. This connects and integrates
the public domain, using Meriton Boulevard as an interface between the two sites. External access to the
site will utilise the approved and current road accesses to Bunnerong Road and Banks Avenue via
Meriton Boulevard.

• Community Facilities: Community facilities will be introduced into the development to complement
those within the southern portion of the BATA site, including a new civic square in the public open space.

• Planning Agreement: Meriton and Council are in discussions regarding a Voluntary Planning
Agreement (VPA) to deliver the following public benefits:
o 100 beds of affordable housing to provide housing for local key-workers (including teachers,
nurses, policy, fireman etc) that may not otherwise be able to live in the area;
o Monetary contribution of $23.9 million that will fund the needed upgrade of the Botany Aquatic
Centre; and
o Dedication of all public roads and over 2 hectares of new open space.

iv EXECUTIVE SUMMARY
PLANNING ASSESSMENT
The Planning Proposal has been assessed against relevant state and local planning considerations including
relevant Strategic Merit Tests. The Planning Proposal offers significant benefits and opportunities for the
development of the site and to the local community including:

• Subsequent actions by Council and DPE to rezone the southern part of former Lot 2 in DP 1187426 and
the current proposal to rezone Lot 1 reinforce the arguments that residential intensification within the
LGA is required to meet the identified dwelling target. This is consistent with Council’s 2031 Strategy,
which foreshadowed in 2009 a significant “gap” in the ability to provide sufficient suitable land to
accommodate its forecast need for housing.

• Facilitating continued urban renewal of a strategic site that has been previously recognised to provide
housing, aligned to the goals, actions and priorities of the Greater Sydney Region Plan: A Metropolis of
Three Cities (Region Plan) (March 2018), the District Plan and Council’s 2031 Strategy. As such, the
proposal accords with the strategic planning framework that applies to the site and therefore warrants an
appraisal of strategic planning merit.

• Providing an opportunity to make a substantial contribution and give effect to the Eastern City District’s
current dwelling target of 157,500 additional homes by 2036. The broader site would generate
approximately 3,700 dwellings, just under 3% of the overall target for the Eastern City District.
Furthermore, the current proposal (2,015 dwellings) would represent 19.8% of Bayside LGA’s five-year
housing target (10,150 dwellings) expressed in the District Plan.

• Creating a vibrant high-density residential community close to existing and planned public transport
infrastructure that will provide economic support for the growth of the recently designated Eastgardens–
Maroubra Junction Strategic Centre. This change of circumstance together with BATA ceasing
operations (which had been anticipated for some time by Council) at the site ensures that there is site-
specific strategic merit.

• Providing for much needed housing in a centrally located and accessible area adjacent to local services
and within 30 minutes of significant employment opportunities within the Sydney Central Business
District (CBD), Sydney Airport and Port Botany.

• Continuing the transformation of the land from an under-utilised and isolated industrial site to a
strategically accessible and modern residential development.

• Contributing to an increase in direct and indirect employment and economic activity (Gross Value Added
– GVA) including:

− 171 direct and 531 indirect annual equivalent jobs from the construction of the proposed
development concept resulting in gross value add of $102.6 million.

− 342 direct and 196 indirect jobs from the operation of the child care and retail facilities resulting in
gross value add of $57.5 million.
It is worth noting that there will be peaks and troughs of actual jobs during construction. For instance,
Meriton has advised that there are approximately 1,000 construction workers on the southern portion of
the BATA site as of mid-2017.

• Delivering significant community benefits in terms of increased housing choice and diversity and
improved open space opportunities.

• Council has endorsed a Voluntary Planning Agreement that will deliver 100 rooms of affordable housing
and a monetary contribution of $23.9 million to fund substantial local infrastructure and community
facilities.

EXECUTIVE SUMMARY v
1. INTRODUCTION
1.1. OVERVIEW
This Planning Proposal Report has been prepared by Urbis on behalf of Meriton Property Services Pty Ltd
(the Proponent) to initiate the preparation of an amendment to the Botany Bay Local Environmental Plan
2013 (BBLEP 2013) to rezone the land at 128 and part 130-150 Bunnerong Road, Pagewood.
Formally known as the British American Tobacco Australasia (BATA) site, the broader site is bounded by
Bunnerong Road to the east, Heffron Road to the north, Banks Avenue to the west and Westfield
Eastgardens Shopping Centre to the south.
The site is legally described as Lot 1 in DP 1187426 and Lot 24 in DP 1242288 (see Figure 2). An
amendment to the BBLEP 2013 was made in June 2013 to rezone Lot 2 from industrial uses to residential
and mixed uses (the subject site).
Figure 2 – Meriton’s Pagewood Site

Lot 1
Lot 2

Source: Nearmaps and Urbis

The broader site covers an area of 16.5ha and represents the largest privately-owned landholding in the
Central District of Sydney immediately available for development. Furthermore, the renewal of this broader
site is supported the Eastern City Central District Plan (the District Plan) (finalised in March 2018 and Botany
Bay Planning Strategy 2031 (Council’s 2031 Strategy) and accords with previous Department of Planning
and Environment (DPE) strategic directions to locate new infill housing close to shops, centres and high
frequency bus routes.
The subject site is currently zoned part IN1 General Industrial and part R3 Medium Density Residential. The
maximum building heights permitted vary from 11m to 32m and the maximum floor space ratio (FSR)
permitted is 1:1.
This report has been prepared to assist Council in preparing a Planning Proposal to rezone the site and
amend the height and FSR development standards, under the BBLEB 2013, in accordance with Section 3.33

INTRODUCTION 1
of the Environmental Planning and Assessment Act 1979 (EP&A Act). The intended outcome of this planning
proposal is to amend the BBLEP 2013 as follows:

• Rezone the subject site from part IN1 General Industrial and part R3 Medium Density Residential to R4
High Density Residential;

• Amend the maximum FSR development standard to 2.35:1;

• Amend the maximum height of buildings development standard to part RL 37.0, part RL 60.0 and part
RL 91.0;

• Introduce a new Additional Local Provision at Clause 6.12 of the BBLEP 2013 requiring the preparation
of a development control plan for the subject site;

• Introduce a new clause at Schedule 1 Additional Permitted Uses of the BBLEP 2013 to permit
‘commercial premises’, ‘recreation facility (indoor)’ and ’serviced apartments’ with development consent.
Non-residential uses across the site must have a minimum total floor space of 5,000sqm.
These amendments will introduce a new high-density residential development that complements the urban
renewal occurring within the southern portion of the BATA site, as illustrated in the masterplan prepared by
SJB and provided at Appendix A.
In summary, the Planning Proposal is considered appropriate in a State and regional planning context as it:

• Reflects the long-standing recognition that the broader site has been earmarked and planned for
residential uses once BATA had vacated the land. The Planning Proposal therefore represents the
process necessary to realise this planned change.

• Facilitates urban renewal of a strategic site that has been recognised to provide housing, aligned to the
goals, actions and priorities of Greater Sydney Region Plan: A Metropolis of Three Cities (Region Plan)
(March 2018) and the Eastern City District.

• Creates a vibrant and sustainable residential community close to existing and planned public transport
infrastructure and provides a catalyst for the revitalisation of the Eastgardens–Maroubra Junction
corridor.

• Provides an opportunity to make a substantial contribution to the Eastern City District’s current dwelling
target of 157,500 additional homes needed over the next 20 years. The broader BATA site would
generate approximately 3,700 dwellings, just under 3% of the overall target for the Eastern City District.
In addition, the current proposal would represent 20% of Bayside LGA’s five-year housing target
expressed in the District Plan.

• Provides for much needed housing in a centrally located and accessible area adjacent to local services
and within 30 minutes of significant employment opportunities within the Sydney Central Business
District (CBD), Sydney Airport and Port Botany.

• Facilitates the redevelopment of an underutilised and isolated industrial site to allow for a commercially
viable high density residential use of the site.

• Removes the land use conflict between the existing industrial operations and residential and mixed use
development approved and under construction within the southern portion of the BATA site.
It is considered that the proposed amendment to the BBLEP 2013 is the best, most efficient and time
effective approach to delivering the intended outcome of the proposal.

1.2. REPORT STRUCTURE


This Planning Proposal has been prepared having regard to the DPE‘s ‘A Guide to Preparing Planning
Proposals’ and ‘A Guide to Preparing Local Environmental Plans’. Furthermore, this Planning Proposal
builds on the planning history of the site including a previous Council-lead planning proposal and subsequent
development applications that has resulted in development now being commenced. These prior actions
confirm that a Planning Proposal is the most effective means to deliver the intended outcomes.

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2 INTRODUCTION SA7548_REVISED PLANNING PROPOSAL_128 BUNNERONG ROAD, PAGEWOOD 20


NOV 2018
As required by Section 3.33 of the EP&A Act, this Planning Proposal request includes the following:

• Description of the subject site and context.

• Description of the proposed amendments to the BBLEP 2013 supported by sufficient detail to indicate
the effect of the amendments.

• Statement of the objectives and intended outcomes of the proposal.

• Explanation of the provisions of the proposal that are to be included in the LEP.

• Summary of the justification of the proposal, including an environmental assessment.

• Description of the community consultation process that would be expected to be undertaken before
consideration is given to making of the planning instrument.

• Indicative project timelines.


The Planning Proposal request is supported by the following documentation:

• Appendix A –Masterplan and Urban Design Report (SJB)

• Appendix B – Economic Impact Assessment (Urbis)

• Appendix C – Services, Drainage and Flooding Due Diligence Report (AT&L)

• Appendix D – Transport Impact Assessment (Arup)

• Appendix E – Summary of Geotechnical Conditions (Douglas Partners)

• Appendix F – Summary of Contamination Investigations (Douglas Partners)

• Appendix G – Preliminary Tree Assessment Report (Jacksons Nature Works)

• Appendix H – Survey Plan (JBW Surveyors)

• Appendix I – Aeronautical Impact Assessment (Landrum & Brown)

• Appendix J - Proposed LEP Mapping

• Appendix K – Complying Development Certificate for Building Demolition

• Appendix L – Heritage Impact Statement


The supporting documentation demonstrates the suitability of the site for the proposed land use zone and
revised development controls, and provides the basis for more detailed design investigations as part of any
future development applications (DAs).

1.3. CONSULTATION
1.3.1. Development Concept Plan
This Planning Proposal builds on a long-standing recognition and dialogue that has existed between Meriton
and Council since Meriton’s initial acquisition of the former Lot 2 in DP 1187426 in 2013 and subsequent
acquisition of Lot 1 in DP 1187426 in April 2015 from BATA. It also reflects the earlier Council / BATA
initiated work that commenced some years ago, which envisaged the broader site as residential and
subsequently led to the rezoning of the southern part of former Lot 2 in DP 1187426.
In November 2016, Bayside Council provided feedback on the initial concept plan prepared by Hassell and
also engaged Hill Thalis to review the concept plan and provide an alternative, independent scheme. This
scheme introduced a large open space in the centre of the site running along a north-south axis. An
alternative scheme was also prepared by Hill Thalis on the basis that the metro or light rail was extended
along Bunnerong Road or Heffron Road, thereby justifying increased densities across the site to 20 storeys.
Meriton and SJB (and previously Hassell) have adopted and evolved some of the elements of the Hill Thalis
scheme at Council’s request. A comparison of the SJB and Hill Thalis concept schemes is provided at
Section 6.8.

INTRODUCTION 3
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4 INTRODUCTION SA7548_REVISED PLANNING PROPOSAL_128 BUNNERONG ROAD, PAGEWOOD 20


NOV 2018
1.3.2. Light Rail Extension / Transport
Meriton, in liaison with the former Botany Bay Council and Randwick Council, has approached the NSW
State Government to consider extending the current CBD and South East Light Rail to Maroubra Junction
and on to the subject site. This would service the suburbs of Maroubra, Pagewood, Matraville, Eastgardens
and the broader South-East Sydney area. There would also be further opportunities to expand this service
beyond the site to the south and west, expanding the potential for cross district transport connections. This
light rail extension was contemplated in the Botany Bay Development Control Plan 2013 (DCP) as it relates
to the southern part of former Lot 2 in DP 1187426 of the BATA site and is discussed in more detail in
Section 2.2. Meriton’s discussions with State Government regarding a possible light rail extension are
ongoing.
Notwithstanding the Transport Strategy 2056 shows a future extension of the Sydney Metro West Project
that will include a stop at Maroubra Junction and Malabar/ Long Bay Correctional Complex. The proponent
has made representations that it may be more beneficial to adjust the rail alignment to Pagewood/
Eastgardens due to the planned density and land ownership issues. In the interim, the Proponent is currently
working with Transport for NSW to expand existing bus services, and create new bus services that will
directly service the Pagewood Green development. Based on current discussions, these services will be in
place as early as this year.

INTRODUCTION 5
2. PLANNING HISTORY
2.1. REZONING PROPOSAL
On 21 June 2013, an amendment to the BBLEP 2013 was made to rezone the former Lot 2 in DP 1187426
of the BATA site, an ‘L-shaped’ parcel of land measuring 10.35ha, from industrial uses to residential and
mixed use and to apply development standards for building height and FSR. The document entitled
‘Strategic Justification for the BATA site’ prepared by Botany Bay Council in support of this earlier rezoning is
applicable to the current Planning Proposal and stated:

• “The proposed zoning is in accordance with the specific directions and actions in the Botany Bay
Planning Strategy 2031 which envisage a mixed use centre at Eastgardens, after BATA vacate the land.

• The urban context of the site makes it suitable for the development of a mixed residential, retail and
commercial precinct with a medium to high density development.

• The proposal will contribute to achieving important objectives and directions in NSW State Government
planning strategies including contributing to achieving housing and employment targets in suitable
locations. The proposal has the potential to contribute 1,200 to 1,500 new dwellings to the supply of
residential dwellings in the Botany Bay LGA and provide a mix of dwelling choices.

• The proposed new zoning allows a wider range of employment generating land uses with higher
employment densities up to around 1,550 jobs compared to 900 jobs under an industrial zoning.

• The BATA site is not strategically significant industrial zone land and the proposed rezoning will not have
a significant impact on the viability of the industrial land supply within the Botany Bay LGA. The Draft
BBLEP 2012 results in a net increase of pure industrial zoned land.

• The proposed rezoning of the BATA site will not create a precedent for other landowners in the locality to
rezone industrial land, particularly given the unique circumstances of the land, being isolated and clearly
separated from the remainder of the industrial zone at Banksmeadow, and located adjacent to an
existing retail centre, strategic bus corridor and residential zone.

• Road access to the site is excellent with direct access to the local main roads.

• The BATA site has good public transport links as it adjoins a strategic bus corridor and is adjacent to a
bus interchange with numerous bus service connections to and from surrounding parts of Sydney.

• The pedestrian and cycling network in the locality will be enhanced by connections through the site in
future development.

• he full range of utility services – electricity, telecommunications, gas, water, sewer and stormwater
drainage – are available on and adjacent to the site.

• There is no environmentally sensitive land or land with significant biodiversity value on or around the
BATA site; and no environmental constraints or hazards of such significance as to preclude the rezoning.
The environmental planning issues associated with the rezoning are addressed in the various studies
prepared by BATA’s specialist consultant team.

• Various design measures have been integrated into the design to manage the interface and mitigate
potential impacts between the BATA factory remaining in the industrial zone and the future mix of
residential and commercial development proposed on the remaining surplus land (our emphasis).

2.2. DEVELOPMENT CONTROL PLAN


A site-specific DCP Part 9: 130-150 Bunnerong Road, Eastgardens was prepared to support the rezoning of
Lot 2 and ‘contains the overall vision for the new residential and business centre guiding its future form and
function.’
Whilst the DCP relates specifically to the former Lot 2 in DP 1187426, it clearly notes on page 6 that ‘Council
will consider alternative development schemes under the Masterplan DA required in Part 9D.1.5 – Specific
DA Requirements for the Site…’ This comment recognises that planning needs to be flexible in response to

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6 PLANNING HISTORY SA7548_REVISED PLANNING PROPOSAL_128 BUNNERONG ROAD, PAGEWOOD 20


NOV 2018
the evolving nature of large sites in strategic locations, as is the case for the subject site and its location
within the recently designated Maroubra Junction-Eastgardens District Centre.
The Vision Statement for the redevelopment of the former Lot 2 in DP 1187426 also recognised the
potential to extend the proposed CBD and South East Light Rail corridor to the site. In particular, the DCP
states:
“The redevelopment of the Site also provides a unique opportunity for the extension of the Light Rail Project
into the suburb of Eastgardens. The Light Rail project has a current terminus at Kingsford. Extending the line
another 2.4km to the Site will benefit both the Light Rail Project and the existing and future residents of
Botany Bay LGA. Terminating the light rail at the Site would provide the opportunity to build a high quality
transport oriented development at the site…Council wants to work with the purchaser of the Site and the
State Government to take advantage of this opportunity.”
The Planning Proposal realises this opportunity for a high-density transport-oriented development and the
concept plan makes an allowance for light rail along the Heffron Road frontage. The Proposal is also
supported by enhanced public transport planning under the 2056 Transport Strategy.
In addition, this Planning Proposal seeks to introduce a new Additional Local Provision at Clause 6.12 of the
BBLEP 2013 requiring the preparation of a development control plan for the subject site. This enables the
preparation of a site-specific development control plan or a Stage 1 Masterplan. The proposed provision is
detailed in Section 7.3 of this report below.

2.3. DEVELOPMENT APPLICATIONS


Development Application 10730/2014 for a Stage 1 Masterplan Concept (Stage 1 Consent) was approved by
the Land and Environment Court on 7 August 2015. The Stage 1 Consent relates to the southern part of former
Lot 2 in DP 1187426 and details of the approval are summarised below.

Land Subdivision

In summary, the Stage 1 Consent allowed the following (see Figure 3):

• Subdivision into seven lots, referred to as “Urban Blocks”;

• Subdivision of lots for open space being a Central Park (Open Space lot 1) and Linear Park (Open
Space lot 2); and

• Subdivision into lots for public roads being Road lot 1 (East West Boulevard), Road lot 2 (North South
Street 2), Road lot 3 (Civic Boulevard), Road lot 4, Road lot 5, (North South Street 1) and Local Street
Road lot 6.

PLANNING HISTORY 7
Figure 3 – Approved Subdivision Layout

Land Uses, Yield and Building Envelopes

The Stage 1 Consent allows for an indicative maximum of 2,223 residential apartments, up to 5,000sqm retail
floor space, four child care centres and a maximum Gross Floor Area (GFA) across the entire development of
227,287sqm.

The approved building envelopes are illustrated in Figure 4.

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Figure 4 – Approved Stage 1 Masterplan Concept

Meriton has secured a number of Stage 2 development consents that are consistent with the Stage 1 Master
Plan. This includes approval for all of the civil / road works, subdivision and the mixed use development of
Urban Block 5 West (UB5W), Urban Block 5 East (UB5E) and Urban Block 4 (UB4). Construction of these
civil works and developments have commenced, which will accommodate the first 1,000 dwellings within the
southern portion of the former Lot 2 in DP 1187426 (see Figure 2 and Figure 4).

PLANNING HISTORY 9
2.4. GATEWAY DETERMINATION
On 12 December 2017, a Gateway Determination was issued allowing the Planning Proposal to proceed
subject to conditions. An amended Gateway Determination was issued on 9 October 2018, including that
prior to community consultation it be updated to:
(a) Include a plain English explanation requirement for a site-specific Development Control Plan;
(b) demonstrate consistency with the Greater Sydney Region Plan and the Eastern City District;
(c) amend the explanation of provisions to include the requirement of a minimum of 5,000 square
metres of gross floor area for commercial floor space and/or other permitted non-residential land
uses;
(d) update the number of jobs to reflect the provision of an additional 5,000 square metres of non-
residential land uses, including those uses outlined in subclause (e) of condition 1;
(e) Amend the explanation of the provisions to include commercial premises, serviced apartments
and recreation facilities (indoor) as additional permitted uses for the site under Schedule 1 of
Botany Bay LEP 2013;
(f) Investigate and discuss the proponent suitable affordable housing outcomes for the site;
(g) Provide an updated Heritage Impact Statement that assesses the revised proposal;
(h) Provide an updated Traffic Report that assesses the revised proposal and the additional
permitted uses described in subclause (e) of condition 1;
(i) Provide shadow diagrams based on maximum building heights proposed that clearly show the
extent of potential overshadowing within the site and on adjoining land and development –
including the existing building facades of development located to the south and east, and the
Pagewood Green park south of the proposal site;
(j) Identify and describe each of the proposed public open space areas to be provided and dedicated
across the site; and
(k) Provide an updated timeline outlining the anticipated time frame for the plan-making process.
The Planning Proposal has been amended to address the above conditions of the Gateway Determination.
The Gateway Determination identified a maximum LEP making timeframe of 12 months, community
consultation for a minimum of 28 days and requirements for consultation with agencies.

2.5. CURRENT REZONING PROPOSAL


This Planning Proposal was lodged with Bayside Council in May 2017. However, after not receiving Council
support within the prescribed period, a Rezoning Review was made to the Department of Planning and
Environment in October 2017. In December 2017, a Gateway Determination was issued which supported the
proposal proceeding. The Gateway Determination confirmed the proposal has site specific and strategic
planning merit that aligns with key state, district and local strategic planning policies.
The Proponent and Bayside Council have subsequently agreed on a VPA that delivers substantial public
benefits which go beyond the requirements of the Gateway Determination or policy.
The Planning Proposal has now addressed all matters of the Gateway Determination have been addressed,
and following public consultation, the proposed rezoning should be finalised and gazetted.

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3. SITE CONTEXT
3.1. SITE DESCRIPTION
The subject site has an area of 8.95ha and is located within a broader site that comprises a rectangular
parcel of land known as 128 and 130-150 Bunnerong Road, Pagewood. The site is within the Bayside LGA
and is legally described as Lot 1 in DP 1187426 and Lot 24 in DP 1242288.
The site is formerly known as the BATA site and was previously occupied by industrial uses associated with
the manufacturing operations of BATA. Lot 1 was excised from the larger site, remaining for reduced
industrial uses while the remaining portion of the site was rezoned in June 2013 to support mixed use
development, including high-density residential uses.
The site has frontages to an internal road (Meriton Boulevard) to the south, Bunnerong Road to the east,
Banks Avenue to the west and Heffron Road to the north (see Figure 5).
Figure 5 – Location Plan

Source: Urbis

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SITE CONTEXT 11
3.2. EXISTING USES
3.2.1. Lot 1
The site is occupied by a warehouse building and several unoccupied buildings. The buildings, modified
over the years are the result of the staged exit from the site by BATA, having scaled down to the existing
building and Lot 1 in 2013 and permanently vacating the site in 2015.

3.2.2. Lot 24
This site formerly comprised the northern part of Lot 2 in DP 1187426. Until recently, the site was occupied
by expansive areas of surface car parking. It has been cleared of former industrial buildings with the
exception of a warehouse in the north-west corner of the site (demolition consent was granted under
DA11/272/6 for the removal of all buildings and structures).
An aerial photo detailing existing buildings within the subject site is provided at Figure 6 and photographs of
the site are provided at Figure 7
Figure 6 – Aerial Photo of Subject Site

Lot 1

Part Lot 2

Source: Nearmap and Urbis

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PAGEWOOD 20 NOV 2018
Figure 7 – Photographs of Subject Site

Picture 1 – Southern Boundary of Lot 1 Picture 2 – Existing Administration Building

Picture 3 – Former BATA Facilities within Lot 1 Picture 4 – Bunnerong Road Frontage

Picture 5 – Existing Clocktower Building Picture 6 – Southern Portion of Site under Construction

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SITE CONTEXT 13
3.3. SURROUNDING CONTEXT
The surrounding land uses in the vicinity of the site comprise (see Figure 8):

• North: Low density residential uses. Pagewood shops are located to the north-east.

• East: Low density residential uses.

• South: Redevelopment of the southern portion of the former BATA site and Westfield Eastgardens
Shopping Centre. The servicing area of the shopping centre borders the broader site’s southern
boundary. Commercial and industrial uses are located further to the south-west.

• West: Bonnie Doon Golf Course and associated club house.


The site is located in Sydney’s eastern suburbs, between Port Botany and the Sydney CBD in what is known
as the Economic Arc. The site is located:

• 2.5km north from Port Botany;

• 5km north from La Perouse headland;

• 3km west from Maroubra Beach;

• 4km north from Sydney Airport;

• 3km south from UNSW, Prince of Wales and Sydney Children’s Hospitals and Randwick Racecourse;

• 5km south from Centennial Parklands and Moore Park Entertainment Precinct;

• 7km south from the Sydney CBD;

• 3.5km east from Mascot Train Station; and

• 4.5km south-east from Green Square Town Centre.


Adjoining Westfield Eastgardens, the site is located adjacent to the second largest retail precinct in the
eastern suburbs after Bondi Junction.
The site is well suited to new residential development in accordance with the provisions of the Region Plan,
and the priorities for the Eastern City District as the Westfield site and Maroubra Junction will continue to
supply the employment and retail services within the Eastgardens-Maroubra Junction Strategic Centre. It is
within walking and cycling distance of well-established retail and recreational uses and public transport
infrastructure, making it ideally suited to accommodate more intensive development and to stimulate demand
for the new facilities envisaged for the area.

3.4. EXISTING OPEN SPACE


The site is currently serviced by an extensive open space network which includes a diverse range of parks,
passive recreation areas and active sports facilities located within a short distance (1km) from the site. This
includes, but is not limited to:

• Mutch Park, covering approximately 12ha and providing six tennis courts, including four artificial grass
and two hard courts, and four squash courts;

• Jellicoe Park, covering approximately 5ha and providing 2 full sized soccer fields and a further 26
training pitches and practice fields for youth soccer;

• Nagle Park, covering 4ha and providing a full sized rugby field; and

• 44ha of open space on Fitzgerald Avenue, which accommodates significant active sports facilities
including Randwick Netball Association, Matraville Sports Centre, and the Des Renford Leisure Centre.
It is anticipated that these existing facilities will significantly contribute to meeting the recreation and open
space needs of the proposed community due to their proximity and the range of facilities and services
provided, including active sports.

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Figure 8 – Local Context Map

Source: Urbis

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SA7548_REVISED PLANNING PROPOSAL_128 BUNNERONG ROAD, PAGEWOOD 20 NOV 2018 SITE CONTEXT 15
4. STRATEGIC PLANNING CONTEXT
4.1. A METROPOLIS OF THREE CITIES – THE GREATER SYDNEY REGION PLAN
Released in March 2018, the final version of the Region Plan ensures land use and transport opportunities
develop more equitably across Greater Sydney.
The Region Plan conceptualises Greater Sydney as a metropolis of three ‘30-minute’ cities, and is presented
with the District Plans to reflect the most contemporary thinking about Greater Sydney’s future. The site is
located within the broader ‘Eastern Harbour City’, as shown in Figure 9.
Figure 9 – Greater Sydney as Three Cities

Source: Greater Sydney Commission

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The Region Plan is underpinned by four key pillars which outline specific objectives to be achieved. The four
pillars include:

• Infrastructure and Collaboration

• Liveability

• Productivity

• Sustainability
An assessment of the Planning Proposal against the relevant objectives of the Region Plan is provided in
Table 3 at Section 8.2.1.

4.2. EASTERN CITY DISTRICT PLAN


Released in March 2018, the final version of the (the District Plan is a 20-year vision that provides strategic
guidance on the economic, social and environmental growth in the Eastern City District of Greater Sydney.
The District Plans have been prepared to align the Region Plan and the detailed planning controls for local
areas.
The District Plan sets out priorities and actions for the development of the Eastern City District, which
includes the LGAs of Bayside, Burwood, Canada Bay, Inner West, Randwick, Strathfield, the City of Sydney,
Waverley and Woollahra, as shown in Figure 10. This figure indicates that the site is proposed to be within
the Eastgardens-Maroubra Junction Strategic Centre.
The priorities for this Eastern City District include:

• Providing housing supply, choice and affordability, with access to jobs and services;

• Creating and renewing great places and local centres, and respecting the District’s heritage;

• Growing a stronger and more competitive Harbour City;

• Delivering integrated land use and transport planning and a 30-minute city; and

• Protecting and enhancing scenic and cultural landscapes.


As required by the EP&A Act, the District Plan:

• Provides the basis for strategic planning in the District, having regard to economic, social and
environmental matters;

• Establishes planning priorities that are consistent with the objectives, strategies and actions of the
Region Plan; and

• Identifies actions required to achieve the planning priorities.


The District Plan sets a strategic housing target of 157,500 for the Eastern City District by 2036, equating to
an average annual supply of 7,875 dwellings. At a local level, Bayside Council’s housing target requires an
additional 10,150 dwellings by 2021 based on the target suggested in the Plan.
The District Plan recognises that there are opportunities within the Eastern City District to deliver beyond the
minimum dwellings needed in the short term. It acknowledges the importance of addressing the pent-up
demand that has resulted from past undersupply. It also draws attention to the importance of addressing
housing choice and affordability to provide supply for the talented workforce needed to contribute to the
Eastern City District’s global city aspirations and needs.
An assessment of the Planning Proposal against the relevant planning priorities of the District Plan is
provided in Table 4 at Section 8.2.1.

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STRATEGIC PLANNING CONTEXT 17
Figure 10 – Eastern City District Structure Plan 2036

Note: The site’s approximate location is shown with a red star.


Source: Greater Sydney Commission

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5. STATUTORY PLANNING CONTEXT
5.1. BOTANY BAY LOCAL ENVIRONMENTAL PLAN 2013
The principle statutory planning instrument applying to the site is the BBLEP 2013.

5.1.1. Zoning and Permissibility


The subject site is currently zoned part R3 Medium Density Residential and part IN1 General Industrial under
the BBLEP 2013. As demonstrated in Figure 11, the surrounding area is zoned for a variety of land uses
including residential, commercial, public recreation and special activities (golf course). It is noted that the
land to the east of Bunnerong Road falls within the Randwick LGA and zones shown below are taken from
the Randwick Local Environmental Plan 2012 (RLEP 2012).
Figure 11 – BBLEP 2013 Zoning Map Extract

Source: BBLEP 2013 and RLEP 2012

The existing zoning controls of the site are summarised in Table 1.

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STATUTORY PLANNING CONTEXT 19
Table 1 – Summary of Existing Zoning Controls

Control R3 Medium Density Residential IN1 General Industrial

Zone • “To provide for the housing needs of the • “To provide a wide range of industrial
Objectives community within a medium density and warehouse land uses.
residential environment.
• To encourage employment
• To provide a variety of housing types within opportunities.
a medium density residential environment.
• To minimise any adverse effect of
• To enable other land uses that provide industry on other land uses.
facilities or services to meet the day to day
• To support and protect industrial land for
needs of residents.
industrial uses.”
• To encourage development that promotes
walking and cycling.”

Permissible Attached dwellings; Bed and breakfast Depots; Freight transport facilities; Garden
Development accommodation; Boarding houses; Child care centres; General industries; Hardware and
centres; Community facilities; Dwelling houses; building supplies; Industrial training facilities;
Group homes; Multi dwelling housing; Light industries; Neighbourhood shops; Places
Neighbourhood shops; Office premises; Places of public worship; Restaurants or cafes;
of public worship; Residential flat buildings; Roads; Take away food and drink premises;
Respite day care centres; Roads; Semi- Timber yards; Warehouse or distribution
detached dwellings; Seniors housing; Any centres; Any other development not specified
other development not specified as as development without consent or as
development without consent or as prohibited. prohibited.

Prohibited Advertising structures; Agriculture; Air Advertising structures; Agriculture; Air


Development transport facilities; Airstrips; Amusement transport facilities; Airstrips; Amusement
centres; Animal boarding or training centres; Boat launching ramps; Boat sheds;
establishments; Biosolids treatment facilities; Camping grounds; Caravan parks;
Boat building and repair facilities; Boat Cemeteries; Centre-based child care
launching ramps; Boat sheds; Camping facilities; Charter and tourism boating
grounds; Car parks; Caravan parks; facilities; Commercial premises; Community
Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria;
facilities; Commercial premises; Correctional Eco-tourist facilities; Educational
centres; Crematoria; Depots; Eco-tourist establishments; Entertainment facilities;
facilities; Electricity generating works; Environmental facilities; Environmental
Emergency services facilities; Entertainment protection works; Exhibition homes; Exhibition
facilities; Environmental facilities; Exhibition villages; Extractive industries; Farm buildings;
homes; Exhibition villages; Extractive Forestry; Function centres; Health services
industries; Farm buildings; Forestry; Freight facilities; Heavy industrial storage
transport facilities; Function centres; Heavy establishments; Heavy industries; Helipads;
industrial storage establishments; Helipads; Highway service centres; Home-based child
Highway service centres; Home businesses; care; Home businesses; Home occupations;
Home occupations (sex services); Industrial Home occupations (sex services); Information
retail outlets; Industrial training facilities; and education facilities; Jetties; Marinas;
Industries; Information and education facilities; Mooring pens; Moorings; Mortuaries; Open cut
Jetties; Marinas; Mooring pens; Moorings; mining; Passenger transport facilities; Port
Mortuaries; Open cut mining; Passenger facilities; Public administration buildings;
transport facilities; Port facilities; Public Recreation facilities (indoor); Recreation

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Control R3 Medium Density Residential IN1 General Industrial
administration buildings; Recreation facilities facilities (major); Recreation facilities (outdoor);
(indoor); Recreation facilities (major); Registered clubs; Residential
Recreation facilities (outdoor); Registered accommodation; Respite day care centres;
clubs; Research stations; Residential Restricted premises; Rural industries; Tourist
accommodation; Restricted premises; Rural and visitor accommodation; Veterinary
industries; Service stations; Sewage treatment hospitals; Water recreation structures; Water
plants; Sex services premises; Storage supply systems; Wharf or boating facilities
premises; Tourist and visitor
accommodation; Transport depots; Truck
depots; Vehicle body repair workshops;
Vehicle repair stations; Veterinary hospitals;
Warehouse or distribution centres; Waste or
resource management facilities; Water
recreation structures; Water recycling facilities;
Water supply systems; Wharf or boating
facilities; Wholesale supplies.

As can be seen from the above table, the existing IN1 Zoning that applies to the site prohibits residential
accommodation, commercial premises, child care centres, tourist and visitor accommodation, and recreation
facilities (indoor). It is therefore necessary to rezone the land to allow the redevelopment of the site for high
density, mixed use development. It is noted that ‘serviced apartment’ falls within the group definition of
‘tourist and visitor accommodation’ which is an expressly prohibited in both the R3 and IN1 zone.

5.1.2. Floor Space Ratio


Under the BBLEP 2013, the subject site has a maximum FSR of 1:1 (see Figure 12).
Figure 12 – BBLEP 2013 FSR Map Extract

Source: BBLEP 2013

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STATUTORY PLANNING CONTEXT 21
The Planning Proposal intends to amend the FSR development standard to 2.35:1 based on the yield
illustrated in the supporting concept plan.

5.1.3. Height of Buildings


Under the BBLEP 2013, there are currently five different maximum building heights applicable to the subject
site (see Figure 13).
The part zoned IN1 General Industrial has a maximum height limit of 21m. The part zoned R3 Medium
Density Residential is zoned part 11m, part 17m, part 28m and part 32m. It should be noted that the Stage
1 Consent that currently applies to the Lot 24 portion of the subject site includes approved heights that
exceed these controls in many instances.
Figure 13 – BBLEP 2013 Height of Buildings Map Extract

Source: BBLEP 2013

The Planning Proposal intends to amend the building height development standard to RL 37.0, part RL 60.0
and part RL 91.0. Whilst it is expected that buildings up to RL 91.0 will only be constructed within discreet
areas of the site, to ensure flexibility at the later concept DA stage and avoid the existing ‘patchwork’ of
height controls across the former Lot 2 portion of the site, the number of height controls across the site has
been limited. It should also be noted that the maximum height proposed as part of this Planning Proposal is
consistent with the maximum building heights approved as part of the Stage 1 Consent and under
construction within the southern portion of the BATA site.

5.1.4. Heritage
The subject site is not a listed heritage item under the BBLEP 2013, nor is it located within a heritage
conservation area. The site is located in the general vicinity of Jellicoe Park (Item 155) and Harris Reserve
(Item 66).
In response to the Condition 1(g) of the Revised Gateway Determination, a Heritage Impact Statement has
been prepared and is attached at Appendix L.

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6. DEVELOPMENT MASTERPLAN
6.1. DEVELOPMENT OVERVIEW
A Masterplan and Urban Design Report illustrating the type of development facilitated by the Planning
Proposal has been prepared by SJB and is provided at Appendix A. The preferred masterplan for the site is
provided at Figure 14. The design has been informed by, and provides for the extension of, the approved
Stage 1 Master Plan for the former Lot 2 to foster a cohesive and integrated approach to the redevelopment
of the entire BATA site.
Figure 14 – Preferred Masterplan

Source: SJB

6.2. DESIGN PRINCIPLES


The concept plans have been developed based on of the following design principles:

• Neighbourhood Structure: Create a walkable neighbourhood structure that provides opportunities for a
connected community, with local retail convenience needs and public transport within walking distance.

• Trees: Trees will be retained wherever possible to maintain the existing landscape character and new
tree planting throughout the proposed open space and along street frontages.

• Open Space: Provide a range of formal and informal recreation spaces within walking distance of
proposed dwellings.

• Solar access: Ensure that built form does not unreasonably impact on solar access within the site and to
surrounding residential properties.

• Ecologically Sustainable Development: Achieve best practice in sustainable design.

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DEVELOPMENT MASTERPLAN 23
• Accessibility: Provide a highly permeable and legible movement network that integrates with adjacent
streets and disperses traffic among the street network.

• Heritage: Provide recognition of the site’s social history by interpreting historical elements.

• Community Benefit: Provide direct benefits for the existing community and future residents of the site
and the broader community by:

− Introduction of a high level of permeability and increase public accessibility to the site.

− Provision of dedicated open space that will be accessible and useable by the community.

− Integration of the open space network with adjoining open space areas to enhance pedestrian and
cycling opportunities as part of a wider green grid.

− Locating new housing adjacent to retail and services thereby providing opportunity to reduce the
need to drive to essential and commercial services.
These design principles broadly align with those established by Hill Thalis in their work for Council. Key
features of the masterplan include:

• Land Use: Redevelopment will provide approximately 2,015 new dwellings and accommodate a mix of
unit types including one, two and three-bedroom units. Allowance has been made for two x 75-place
child care centres and 5,000sqm of complementary non-residential uses including commercial floor
space, serviced apartments and a gymnasium. Car parking will largely be accommodated within the
podium levels of the proposed buildings and will be appropriately ‘sleeved’ by apartments to conceal
views. This design approach is consistent with that previously approved for the areas of the broader site
now under construction, reinforcing a distinct and integrated design theme.

• Height and Built Form: As discussed in more detail at Section 6.4, multiple buildings are proposed
across the site ranging from two storey townhouses to 20 storey towers.

• FSR: A total GFA of 210,490sqm can be accommodated across the site, which equates to an overall
FSR of 2.35:1 and is commensurable with other existing densities of this size.

• Open space: A network of strategically located and connected open spaces with a combined area of
approximately 20,208sqm will be integrated into the development, see Section 6.7.

• Access: A legible network of streets is provided by extending the lot structure established as part of the
Stage 1 Master Plan for Lot 2. This connects and integrates the public domain, using Meriton Boulevard
as an interface between the two sites. The internal road network will provide separation and access to
the car parking areas for each urban block and the proposed open spaces.
External access to the site will utilise the approved and current road accesses to Bunnerong Road and
Banks Avenue via Meriton Boulevard.

• Community Facilities: Community facilities will be introduced into the development to complement
those within the southern portion of the BATA site, including a new civic square in public open space.

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6.3. LAND USE
6.3.1. Seniors Housing and Serviced Apartments
Whilst the masterplan prepared by SJB has been prepared on the basis of a largely residential scheme
comprising a mix of one, two and three-bedroom apartments, the concept identifies the potential to establish
seniors housing in Lot H and serviced apartments in Lot B. The apartment sizes and seniors housing will
diversify housing choice across the site and wider area, and cater to a wide range of households, including
members of the community looking to downsize and ‘age in place’. In addition, the serviced apartments will
provide visitor accommodation within the precinct, however in a form that is complementary to the residential
accommodation and consistent with the R4 zone objectives.
Seniors housing is a type of residential accommodation, which is prohibited in the R4 Zone under the LEP.
Notwithstanding this, Clause 15 of the State Environmental Planning Policy (Housing for Seniors or People
with a Disability) 2004 (Seniors SEPP) states:
This Chapter allows the following development despite the provisions of any other environmental
planning instrument if the development is carried out in accordance with this Policy:
(a) development on land zoned primarily for urban purposes for the purpose of any form of seniors
housing, and
(b) development on land that adjoins land zoned primarily for urban purposes for the purpose of any
form of seniors housing consisting of a hostel, a residential care facility or serviced self-care housing.
The Seniors SEPP applies to land zoned primarily for urban purposes but only if development for the
purposes of any of the following is permitted on the land:
(i) dwelling-houses,
(ii) residential flat buildings,
(iii) hospitals,
(iv) development of a kind identified in respect of land zoned as special uses, including (but not limited to)
churches, convents, educational establishments, schools and seminaries, or
On the basis that dwelling houses and RFBs are permitted on land in the R4 Zone, seniors housing is
permissible with consent on the site under the provisions of the Seniors SEPP.
The potential inclusion of a serviced apartments in Lot B will further contribute to the mix of land uses
provided within the site and is a response to the site’s strategic centre location and the requirements of the
Gateway Determination. The proposed yield and feasibility of serviced apartments would be determined as
part of a future DA, however given this use would generate a similar number of traffic movements to a
residential development (see Appendix D), it is appropriate to make an allowance for this land use at this
early concept stage through the inclusion of ‘’serviced apartment’ as an additional permitted use in Schedule
1 of the BLEP.

6.3.2. Commercial Premises


In accordance with the Gateway Determination, it is proposed to allow ‘commercial premises’ as an
additional permitted use on the land at Schedule 1 of the BBLEP 2013. Commercial premises include the
following land uses under the definitions of the BBLEP 2013:
1. business premises
(a) an occupation, profession or trade (other than an industry) is carried on for the provision of
services directly to members of the public on a regular basis, or
(b) a service is provided directly to members of the public on a regular basis,
and includes a funeral home and, without limitation, premises such as banks, post offices, hairdressers,
dry cleaners, travel agencies, internet access facilities, betting agencies and the like, but does not
include an entertainment facility, home business, home occupation, home occupation (sex services),
medical centre, restricted premises, sex services premises or veterinary hospital.
2. office premises

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DEVELOPMENT MASTERPLAN 25
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.
3. retail premises
a building or place used for the purpose of selling items by retail, or hiring or displaying items for the
purpose of selling them or hiring them out, whether the items are goods or materials (or whether also
sold by wholesale), and includes any of the following:
(a) bulky goods premises,
(b) cellar door premises,
(c) food and drink premises,
(d) garden centres,
(e) hardware and building supplies,
(f) kiosks,
(g) landscaping material supplies,
(h) markets,
(i) plant nurseries,
(j) roadside stalls,
(k) rural supplies,
(l) shops,
(m) timber yards,
(n) vehicle sales or hire premises,
but does not include highway service centres, service stations, industrial retail outlets or restricted
premises.
The inclusion of commercial premises within the development will enhance economic activity associated with
the proposed Eastgardens–Maroubra Junction Strategic Centre and increase employment opportunities
within the site.
A further review of uses that may complement the mixed-use development has identified the potential for a
gymnasium to be introduced within the site, providing further recreation opportunities for future residents and
the surrounding community. It is therefore proposed to also include ‘recreation centre (indoor)’ as a permitted
use on the land at Schedule 1 of the BBLEP 2013.
Whilst the intention of including commercial premises as a permitted use is to facilitate employment
opportunities, it should also be acknowledged that other employment opportunities will be provided by the
inclusion of two child care centres and potential serviced apartments and gymnasium as part of a local retail
centre as required by the Gateway Determination.

6.4. HEIGHT AND BUILT FORM


The building envelopes approved as part of the Stage 1 Consent were developed through a comprehensive
site analysis and had regard to the following:

• Higher densities at the southern end of the site away from sensitive land uses and to accommodate
above ground car parking within podium levels. The southern portion of the former BATA site is situated
opposite the loading and servicing facilities of Westfield Eastgardens and therefore this part of the site is
undesirable for low level apartment buildings given the potential land use conflicts.

• Reduced density at the northern end of the site (within Urban Blocks 1 and 2) in recognition of the one
and two storey dwellings along the opposite side of Heffron Road, creating a comfortable transition of
building heights and minimising visual bulk impacts.

• The existing controls being implemented at a time when there was an on-going presence by BATA on
the site. Accordingly, built form controls reflected in both the LEP and DCP controls where heavily
geared towards managing a residential and industrial interface and the associated compatibility issues of
such.

• Aeronautical height restrictions of 91AHD.

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The subsequent change in circumstances affecting the site, including BATA ceasing operations and the new
role of the site within a strategic centre (together with its significance in overall site area), has provided an
opportunity to revisit the zoning and proposed densities within Lot 24. The preferred option for the Planning
Proposal therefore includes Urban Blocks 1 and 2 to enable an integrated and cohesive urban design
outcome for the northern precinct of the former BATA site.
The proposed built form approach has been informed by the following (see Figure 15):

• The Stage 1 Consent, which approved an average FSR across the former Lot 2 in DP 1187426 of 2.2:1
and sets the tone and scale of development within the subject site. It is noted that a higher FSR of 3:1
applies to the B3 zoned portion of former Lot 2 and a lower FSR of 1:1 applies to the balance of former
Lot 2. The lower FSR was applied in recognition of the site’s interface to the ongoing BATA operations
(at the time) and the relationship to the existing low-scale residential neighbourhood to the north of the
site.

• Providing two storey townhouses within the northern portion of the site in response to the interface with
the existing low density residential neighbourhood on the northern side of Heffron Road.

• Staggering taller buildings to create a more diverse skyline and to mitigate overshadowing to approved
buildings and open space under the Stage 1 Consent.

• Distributing density away from Bunnerong Road to minimise overshadowing to existing residential
properties to the east.

• Reinforcing the junction of the proposed internal streets with the existing road network and new street
corners, with taller built form elements.

• Comprehensive testing to ensure compliance with the required building separation, dwelling sizes, solar
access and ventilation requirements outlined in State Environmental Planning Policy 65 – Design Quality
of Residential Apartment Development (SEPP 65) and the associated Apartment Design Guide (ADG).

• Minimising basement excavation in response to the constraints around soil conditions and groundwater,
as outlined in the supporting Geotechnical and Contamination Investigations (see Appendix E and
Appendix F), by accommodating the majority of car parking within the podiums of the proposed
buildings.

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DEVELOPMENT MASTERPLAN 27
Figure 15 – 3D Perspective

Source: SJB

6.5. SEPP 65
The concept plan illustrates a layout and building arrangement that can be designed to comply with the
relevant provisions of SEPP 65 and the associated ADG. As outlined in the concept plans prepared by SJB,
key considerations are as follows:

• Building separations meet the minimum requirements set out in the ADG (Objectives 2F and 3F) to
assist in achieving high levels of visual and acoustic privacy, outlook, natural ventilation and daylight
access. All building facades will feature habitable rooms, with a minimum 24m separation provided
between buildings for maximum solar access.

• Building depths will support a range of apartment layouts and comply with the ADG requirements
(Objective 2E).

• The orientation of buildings maximises solar access for future residents, whilst minimising the potential
for unreasonable overshadowing to neighbouring properties, the public domain and open space.

• The solar access analysis undertaken by SJB (see Figure 16) indicates that 82.7% of the proposed
apartments are capable of receiving a minimum of two hours of direct sunlight based on the massing and
separation of buildings in accordance with the ADG (Objective 4A).

• A range of communal open space opportunities will be available throughout the development including
open spaces at ground level and all podiums will have green roofs (Objectives 3D and 3E). Based on the
masterplan, communal open space accounts for approximately 25% of the site area in accordance with
the ADG requirement. It is expected that the communal open space will receive adequate solar access
throughout the year and deep soil zones will meet the minimum requirement of 7% of the site area.
However, it is noted that the proposal will deliver more than 2 hectares of public open space in addition

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to the communal open space, which will result in more open space across the site that required by the
ADG.

• Secure car bicycle parking will be accommodated within the podium levels of buildings and will be
‘sleeved’ by apartments to integrate it within the development and conceal it from view (Objective 3J).
Future applications for development consent will need to be considered on their merits, in context of
final/detailed design and comply with the requirements set out in SEPP 65 and the ADG.

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DEVELOPMENT MASTERPLAN 29
Figure 16 – Solar Access Analysis

Source: SJB

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6.6. CAR PARKING
As outlined in the Transport Impact Assessment, Meriton has proposed parking rates which have been
compared to the relevant provisions of the BBDCP 2013 (Part 3A and Part 9D) and the approved Stage 1
Consent for the former Lot 2, see Table 2.
Table 2 – Minimum Car Parking Rates

Source: Arup

The reduced car parking is considered appropriate to reduce car mode share at the development. The
modified rates will be supported by proposed light rail extensions, new and extended bus services and the
planned future Metro rail line.
As mentioned previously, it is anticipated that the majority of car parking will be accommodated within the
podiums of the proposed buildings to limit, if not avoid, excavating the site for basement levels. This design
consideration is considered appropriate for the following reasons:

• Addresses environmental constraints associated with soil conditions, contamination and groundwater as
outlined in the Geotechnical and Contamination Investigations;

• Reduces extensive excavation of the site and demand for landfill;

• Avoids potential conflicts with existing services, infrastructure and utilities;

• Reduces the risk of basements being flooded or inundated due to stormwater or drainage issues;

• Provides for natural ventilation as opposed to a requirement for mechanically ventilated systems;

• Provides an opportunity to establish communal areas above the podium, allowing for improved amenity,
solar access and security for residents; and

• Car parking and podiums would be designed in accordance with SEPP 65 and the ADG.

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DEVELOPMENT MASTERPLAN 31
6.7. OPEN SPACE
The proposed development will provide approximately 20,208sqm (2.02ha) of public open space as part of
the Development that will be dedicated to Council in accordance with the endorsed Planning Agreement
VPA which equates to 23% of the overall site area and addresses the urgent need for public open space
under the recently updated Section 7.11 Contributions Plan that applies to the broader area.
The open space provided on-site will be centrally located within easy access for the community, and provide
high quality sites for passive recreation, which complement the surrounding land uses. This open space will
contribute to meeting the general recreation needs of the incoming community and reduce demand on
existing public open spaces in the surrounding area. The open space masterplan has been driven by the
desire for the site to deliver a range of open spaces for different lifestyles and activities easily accessible to
future residents of the BATA site.
The public open space has been designed around the following principles:

• Integration – creating synergy with the built form and surrounding context and build a unique local
character.

• Connectivity – considers through-site links, improves walkability and integrates multiple modes of
transport.

• Multifunctionality – to ensure spaces are appropriate to a range of user groups and useful to changing
needs and populations.

• Participation – creating a public domain that brings to life the diversity of residents and users in
Pagewood, encouraging informal encounters and building community.
The application of these principles worked together to deliver the landscape masterplan illustrated in Figure
17 below, which delivers:

• Development arranged around a large open space in the centre of the site running along a north-south
axis. It is intended that this open space provide a green link between Jellicoe Park to the north and
Central Park within the southern portion of the former BATA site, and the design will incorporate a
1,000sqm civic space.

• A linear open space along the entire northern edge of the site that could be integrated with potential,
future light rail stops and creates a buffer to the existing low-density residential development north of
Heffron Road.

• A series of pocket parks dispersed throughout the site to create variation in the delivery of open space.

• Retention of perimeter trees where possible and provision of compensatory planting within the broader
design where trees cannot be retained as per the Arborist Report.
The volume of publicly accessible open space is substantial for an urban infill development and is in addition
to the 8,000m2 provided as part of the Stage 1 Masterplan for the Pagewood Green Development.
In addition to the public open space, a substantial amount of communal open space is provided on podium
and rooftops, which has the potential to double the open space offering and will comply with the relevant
provisions of the ADG. The proponent will also be providing additional indoor recreational facilities on a site
by site basis, including swimming pools, gyms and exercise studios, which is over and above the
requirements of the ADG.
Apart from the ADG, there are a number of local and international open space benchmarks, and the BATA
site will achieve the following relevant open space benchmarks for future residents:

• The World Health Organisation open space benchmark of 9m 2 per person, including communal and
private open space; and

• Government Architect NSW recommends approximately 14.3m 2 per person of open space at a regional
and local level.

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Further, the proposal will benefit from access to approximately 25 hectares of open space within 800 metres
of the site and more than 60 hectares within 2km of the site (refer to Section 2.3 of Appendix A). Not only is
the site in such close proximity to existing open space, but Council recently requested a variation to the VPA
executed under the Stage1 Consent for the redevelopment of the southern portion of the BATA site which
has been agree d and executed. It is now proposed that some of the unspent $10.5 million contribution
provided by Meriton will be directed towards improvements to Jellicoe Park and Mutch Park. Therefore, not
only does the masterplan provide substantial and urgently needed public open space (as per the current
Section 7.11 Contributions Plan), but significant funds have also been secured to upgrade two major open
space and recreational facilities in close proximity to the site.

Figure 17 – Landscape Concept Plan

Source: Urbis Landscape Architecture

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DEVELOPMENT MASTERPLAN 33
6.8. COMPARISON WITH HILL THALIS SCHEME
The masterplan prepared by SJB on behalf of Meriton has adopted and evolved some of the elements of the
Hill Thalis concept scheme (see Figure 18) at Council’s request. These have been tested and built upon to
exceed the performance of the Hill Thalis scheme in the following ways:

• The streetscape layout and setbacks from the street frontages have largely been adopted from the Hill
Thalis scheme. The proposed design and width of the road reserves outlined in the Hill Thalis concept
plan have also been adopted.

• The location of the north-south public open space.

• Provision of a centrally located civic open space.

• Lower scale buildings along the northern portion of the site, with buildings up to 20 storeys within the
less sensitive pockets of the site towards the south and west.
Key differences adopted in the SJB concept plan, which are considered to provide a superior urban design
outcome:

• The proposal has introduced podiums to the majority of the buildings consistent with the design
approach within the southern portion of the BATA site. The podiums will accommodate above-ground car
parking sleeved with apartments and elevated communal open space to maximise solar access. The
inclusion of the podiums accounts for the significant variation between the proposed FSR of the Hill
Thalis scheme (1.8:1) and the SJB scheme (2.35:1).

• Building orientations and heights have been rationalised to improve efficiency, maximise solar access,
natural ventilation, outlook and to ensure building depths will support a range of apartment layouts.

• Car parking will largely be accommodated within the podium levels to avoid the need for excessive
excavation and fill.

• The increased building separations remove the need for non-habitable building facades across the entire
site.

• Two storey townhouses have been introduced along the Heffron Road frontage to improve the interface
with the low density residential area to the north.

• The height of buildings along the Bunnerong Road frontage have been reduced to minimise
overshadowing to the residential properties to the east.

• The access point to Banks Avenue and Heffron Road have been deleted as they are not supported on
traffic grounds (see Appendix D).

• All existing buildings within the site will be demolished, however where possible the heritage values will
be recognised through an interpretation strategy (refer Section 8.3.2)

• The extent of public open space has been increased from 20% of the site area contemplated by Hill
Thalis to 23% of the site area in the SJB scheme.
Figure 18 – Hill Thalis Preferred Concept Plan

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Source: Hill Thalis

6.9. PUBLIC BENEFIT OFFER


Under Section 7.4 of the EP&A Act, a proponent may enter into a VPA where a change is sought to an
environmental planning instrument, under which the developer agrees to dedicate land, pay a monetary
contribution and/or provide any other material public benefit in association with the change to the
environmental planning instrument.
At the Council Meeting on 8 August 2018, Council resolved to draft a VPA in relation to the site to deliver the
following public benefits:

• Dedication of Affordable Housing Units with a total of 100 bedrooms;

• A single monetary contribution of $23.9 million; and

• Dedication of approximately 20,000sqm of public open space and all public roads.
The proponent is finalising the documentation for the Voluntary Planning Agreement with Council. The
finalised VPA will be exhibited concurrently with this Planning Proposal.

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DEVELOPMENT MASTERPLAN 35
7. REQUEST TO PREPARE A PLANNING PROPOSAL
7.1. OVERVIEW
This Planning Proposal has been prepared in accordance with Sections 3.33(1) and (2) of the EP&A Act with
consideration of DPE’s A guide to preparing Planning Proposals (August 2016).
Accordingly, the Planning Proposal is addressed in the following four parts:

• Part 1 – A statement of the objectives or intended outcomes.

• Part 2 – An explanation of the provisions that are to be included in the proposed LEP.

• Part 3 – The justification for those objectives, outcomes and the process for their implementation.

• Part 4 – Maps, where relevant, to identify the intent of the Planning Proposal and the area to which it
applies.

• Part 5 – Details of community consultation for the Planning Proposal.

• Part 6 – Project timeline.

7.2. PART 1 – OBJECTIVES OR INTENDED OUTCOMES


The objectives and intended outcomes of the Planning Proposal are:

• Enable the rezoning of the former BATA site at 128 and part 130-150 Bunnerong Road to an R4 High
Density Residential Zone under the BBLEP 2013.

• Enable a maximum floor space ratio of 2.35:1 to apply to the site under the BBLEP 2013.

• Enable maximum building heights of RL 37.0, RL 60.0 and RL 91.0 to apply to portions of the site under
the BBLEP 2013.

• Introduce a new Additional Local Provision at Clause 6.12 of the BBLEP 2013 requiring the preparation
of a development control plan for the subject site.

• Permit ‘commercial premises’, ‘recreation facility (indoor)’ and ’serviced apartment’ with development
consent on the site, notwithstanding that these uses are prohibited under the R4 Zone. Non-residential
uses across the site must have a minimum total floor space of 5,000sqm.
A conceptual design for redevelopment of the site has been prepared and is discussed in Section 6. The
scheme will be refined as part of the DA process once the Planning Proposal has been endorsed by Council
and the LEP amendment gazetted.

7.3. PART 2 – EXPLANATION OF THE PROVISIONS


The objectives and intended outcome of this Planning Proposal can be achieved by:

• Amending the BBLEP 2013 Land Zoning Map for the site from part R3 Medium Density Residential and
Part IN1 General Industrial to R4 High Density Residential.

• Amending the BBLEP 2013 Height of Buildings Map for the site from part 11m, part 17m, part 28m and
part 32m to allow a maximum permissible height of part RL 37.0, part RL 60.0 and part RL 91.0.

• Amending the BBLEP 2013 FSR Map for the site from 1:1 to 2.35:1.

• Introduce a new Additional Local Provision at Clause 6.12 of the BBLEP 2013:
6.12 Development requiring the preparation of a development control plan

(1) The objective of this clause is to ensure that development on certain land occurs in accordance with
a site-specific development control plan.

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(2) This clause applies to the land known as Lot 1 DP 1187426 and part Lot 2 DP 1236250, also known
as 128 and part 130-150 Bunnerong Road, Pagewood.
(3) Development consent must not be granted for development on land to which this clause applies
unless:
(a) a development control plan that provides for the matters specified in subclause (4) has been
prepared for the land, or
(b) guidelines and controls similar to those mentioned in subclause (4) already apply to the land, or
(c) the development is of a minor nature and is consistent with the objectives of the zone in which
the land is situated.
(4) The development control plan must consider for all of the following:
(a) design principles drawn from an analysis of the site and its context,
(b) the compatibility of the proposed development with the desired future character of the area,
(c) phasing of development and how it will provide for the social and recreational needs of a new
community,
(d) distribution of land uses, including open space (its function and landscaping) and environment
protection areas,
(e) the existing and proposed mix of land uses,
(f) subdivision pattern and provision of services,
(g) building envelopes and built form controls, including bulk, massing and modulation of buildings,
(h) housing mixes and tenure choices, including affordable and adaptable housing,
(i) heritage conservation, including both Aboriginal and European heritage,
(j) encouraging sustainable transport, including increased use of public transport, walking and
cycling, road access and the circulation network and car parking provision, including integrated
options to reduce car use,
(k) overall transport hierarchy showing the major circulation routes and connections to achieve a
simple and safe movement system for private vehicles, with particular regard to public transport,
pedestrians and cyclists,
(l) improvements to the public domain,
(m) minimising adverse impacts on adjoining buildings or the public domain,
(n) achieving appropriate interface at ground level between buildings and the public domain,
(o) whether the proposed development has an adverse impact on view corridors,
(p) the application of the principles of ecologically sustainable development,
(q) environmental impacts, such as overshadowing and solar access, visual and acoustic privacy,
noise, wind and reflectivity,
(r) environmental constraints, including, acid sulfate soils, flooding, groundwater, stormwater, aircraft
movement and noise, contamination and remediation,
(s) opportunities to apply integrated water sensitive urban design.
(t) No additional overshadowing will occur to the residential buildings in the R2 zone on the eastern
side of Bunnerong Road between 9am and 3pm in mid-winter.

• Introduce a new clause at Schedule 1 Additional Permitted Uses of the BBLEP 2013:
Use of certain land at 128 and part 130-150 Bunnerong Road, Pagewood

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REQUEST TO PREPARE A PLANNING PROPOSAL 37
(1) This clause applies to land at 128 and 130-150 Bunnerong Road, Pagewood, being Lot 1 in DP
1187426 and Lot 24 in DP 1242288 and identified as “X” on the Additional Permitted Uses Map.
(2) Development for the purposes of ‘commercial premises’, ‘recreation facility (indoor)’, and ’serviced
apartment’ are permitted with development consent. Non-residential uses must have a minimum total
floor space of 5,000sqm.
The proposed changes to the zoning, maximum height of building and maximum FSR maps are illustrated in
the figures provided at Appendix J.
These amendments will support the development of the site for high-density residential purposes and is
consistent with the preliminary concept plan and achieves the key objective and intent of this Planning
Proposal request.
It is considered that the proposed amendments to the BBLEP 2013 are the best, most efficient and time
effective approach to delivering the intended outcome of the proposal.
Once the Planning Proposal has been endorsed by Council and the LEP amendment gazetted, Meriton
intends to refine the masterplan as part of a future concept DA in accordance with Section 4.22 of the EP&A
Act. Consistent with the concept Stage 1 Consent of the BATA site, it is anticipated that the concept DA will
specify the subdivision layout, land uses, maximum yield and building envelopes.

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8. PART 3 - JUSTIFICATION
8.1. SECTION A – NEED FOR THE PLANNING PROPOSAL
8.1.1. Question 1: Is the Planning Proposal a result of any strategic study or
report?
The Planning Proposal is not the direct result of a strategic study or report for the site. Rather, this proposal
builds on:

• Earlier Council / BATA initiated work that commenced some years ago that led to the rezoning of former
Lot 2 in June 2013.

• A long-standing recognition and dialogue that has existed between Meriton and Council since Meriton’s
initial acquisition of former Lot 2 in 2013 and subsequent acquisition of Lot 1 in 2015 from BATA that is
reflected in Council’s own engagement of Hill Thalis to investigate the high density residential
redevelopment potential of the site.
The Planning Proposal seeks to rezone the site in response to an identified development opportunity that is
now strongly aligned with state and regional strategic documents that set out goals to respond to housing
demand and to locate new infill housing close to public transport and existing infrastructure and jobs. These
documents include the following:

• A Metropolis of Three Cities - the Greater Sydney Region Plan;

• Eastern City District Plan; and

• Botany Bay Planning Strategy 2031.


Further detail in respect of the alignment with these documents is set out in Section 8.2. As highlighted in
the Gateway Determination Report, which allows the Planning Proposal to proceed, DPE prepared a briefing
report to the Sydney Eastern City Planning Panel noting the strategic and site-specific merit of the planning
proposal.

8.1.2. Question 2: Is the Planning Proposal the best means of achieving the
objectives or intended outcomes, or is there a better way?
A Planning Proposal is the only means of achieving the objectives and intended outcomes for the site as the
proposed residential uses are prohibited within the existing IN1 General Industrial Zone. An amendment to
the height of building and FSR standards is also required to accommodate a high-quality design outcome,
which responds to the site and wider locality.
The existing industrial location is an isolated parcel of land that generates little employment and provides a
less desirable interface for the amenity of adjoining and surrounding residential uses.
Without an amendment to the planning controls, the opportunity to redevelop this strategic site and make a
substantial contribution to the Eastern City District’s current dwelling target and increase the range of
accommodate available within the locality will be lost. Furthermore, retaining the IN1 Zoning has the potential
to create land use conflicts between industrial operations and the proposed development envisaged as part
of the Stage 1 Consent for the southern portion of the former BATA site.
The site is a logical and appropriate place to concentrate future growth within the LGA being within an area
designated for urban growth and infill development (namely an identified strategic centre) and conveniently
located near to facilities and public transport infrastructure.

8.2. SECTION B – RELATIONSHIP TO STRATEGIC PLANNING FRAMEWORK


DPE’s Planning Circular (PS 16-004) notes that a key factor in determining whether a proposal should
proceed to Gateway determination should be its strategic merit and site-specific merit. It is considered that
the Planning Proposal meets these tests as outlined in the following sections.

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PART 3 - JUSTIFICATION 39
8.2.1. Question 3: Is the Planning Proposal consistent with the objectives
and actions of the applicable regional, sub-regional or district plan or
strategy (including any exhibited draft plans or strategies)?
a) Does the proposal have strategic merit?
The strengthened strategic merit test requires that a planning proposal demonstrate strategic merit against at
least one of the three criteria.
Consistent with the relevant district plan, or corridor/precinct plans applying to the site, including
any draft regional, district or corridor/precinct plans released for public comment.
The Planning Proposal is consistent with the relevant objectives of the Region Plan as discussed in Table 3.
Table 3 – Assessment of Planning Proposal against the Relevant Objectives of the Greater Sydney Region Plan

Relevant Objectives Planning Proposal Response

Liveability

Objective 6: Services and The proposal will provide direct benefits for future residents and the broader community
infrastructure meet and accords with this objective by:
communities’ changing needs.
• The inclusion of two child care centres (1,200sqm), each accommodating 75
children.

• Provision of a permeable network of connected open spaces providing active and


positive recreation facilities. The open space has a combined area of approximately
20.208sqm that will be accessible and useable by the incoming community.

• Provision of on-site commercial services and complementary uses (minimum


5,000sqm as per Gateway Determination) to accommodate the day-to-day needs
of residents and encourage active transport around the site.

• Provision of space for the extension of existing public bus services and large
setbacks to main roads to allow for potential future light rail services.

Objective 7: Communities are The site forms part of the proposed Eastgardens – Maroubra Strategic Centre, which
healthy, resilient and socially provides opportunities for future residents to access a wide range of retail, community
connected. facilities and services within easy walking distance. The strategic centre is serviced by
an extensive bus network, which will link to the CBD/SE light rail at Kingsford. The site
is also within planned corridors for light rail and metro rail extension under the 2056
Transport Strategy.

The proposal also reflects an opportunity to integrate the open space network with
adjoining open spaces external to the site, which will also enhance pedestrian and
cycling opportunities as part of a wider green grid.

Objective 10: Greater housing The broader BATA site covers an area of over 16.5ha and represents the largest
supply. privately-owned landholding in the Eastern City District of Sydney immediately
available for development. The Stage 1 Consent together with the current proposal has
the capacity to generate approximately 3,700 new dwellings, thereby providing an
opportunity to make a substantial contribution to supply of housing to meet the NSW
Government’s target of 157,500 new homes in the Eastern City District by 2036. In
addition, the Proponent is committed to delivering 100 beds of affordable housing as
part of a VPA to be negotiated with Council.

The Region Plan recognises that accommodating the housing supply in the right
locations will create more liveable neighbourhoods and support Greater Sydney’s

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Relevant Objectives Planning Proposal Response
growing population. The subject site satisfies the proposed locational criteria for urban
renewal investigation opportunities, noting the siting within a designated strategic
centre and within the walking catchment of high frequency bus routes and planned
major transport corridors.

Objective 11: Housing is more Redevelopment of the site will provide approximately 2,015 new dwellings and
diverse and affordable. accommodate a mix of unit types including one, two and three-bedroom units, with
adequate provision of on-site services and facilities (i.e. retail, open space, pools,
gyms, saunas etc).

The existing housing supply in the surrounding area is characterised by low-density


residential dwellings in suburb settings. The proposal therefore provides an opportunity
to further diversify housing options in the area through the delivery of high-density
housing in a readily accessible location. The masterplan also has the potential to
accommodate seniors housing in the form of ILUs, thereby allowing older members of
the community to ‘age in place’.

The Region Plan also aims to implement the Affordable Rental Housing Target as part
of planning proposals or strategic plans for new urban renewal or greenfield areas.
Discussions between Meriton and Council regarding the provision of affordable housing
as part of this Planning Proposal are ongoing.

Productivity

Objective 14: A metropolis of A key aim of the Region Plan is the notion of three ‘30-minute’ cities, with jobs, shops
three cities – integrated land and services in well-located centres with efficient transport connections and convenient
use and transport creates walking and cycling routes. The subject site has good access to public transport, with
walkable and 30-minute cities. high frequency bus routes stopping on Bunnerong Road near the site and at the major
transport interchange at Westfield Eastgardens, providing access to the CBD/SE light
rail and direct to Mascot Station (refer Transport Impact Assessment prepared by
Arup).

The proposal expands the urban renewal occurring within the southern portion of the
former BATA site and is considered to form part of a planned strategic centre
designated for urban growth. The site is conveniently located near to a range of retail,
services and public transport and within 30 minutes travel time of significant
employment opportunities, including:

• Sydney’s CBD;

• Banksmeadow employment area that connects through to the Port Botany precinct;
and

• Sydney Airport and surrounding employment land.

The Region Plan makes reference to Future Transport 2056 and in particular, the
vision for the Greater Sydney mass transit network. This vision identifies the potential
extension of a new train/mass transit corridor to Maroubra Junction and Malabar. As
outlined earlier, Meriton, in liaison with the former Botany Bay Council and Randwick
Council, has approached the NSW State Government to consider extending the current
CBD and South East Light Rail to Maroubra Junction and on to the subject site. The
masterplan that accompanies the Planning Proposal makes an allowance for light rail
along the Heffron Road frontage.

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PART 3 - JUSTIFICATION 41
Relevant Objectives Planning Proposal Response

Objective 22: Investment and This objective recognises that strategic centres will be well-connected and enable the
business activity in centres. community to access a wide range of goods, services and jobs.

The redevelopment of the broader BATA site will create a vibrant and sustainable
residential community close to existing and planned public transport infrastructure and
will contribute to the growth of the Eastgardens–Maroubra Junction Strategic Centre.

As outlined in the Gateway Determination, the Planning Proposal is to include a


minimum of 5,000sqm of commercial floor space. Whilst this is discussed in more detail
in Section 6.3, the non-residential uses envisaged for the site are expected to
complement (and not compete) with the nearby Westfield Eastgardens site. These
uses will also increase employment opportunities within the site and provide additional
services and amenities for future residents and the surrounding community.

Objective 23: Industrial and The Planning Proposal does not directly align with this objective as it seeks to rezone
urban services land is industrial zoned land to high density residential. However, the Gateway Determination
planned, protected and considers this inconsistency to be justified and states:
managed.
“The planning proposal is considered justifiably inconsistent with this Direction as the
proposal will enhance economic activity and create employment opportunity on the site,
contributing to the viability of the strategic centre.”

It is also noted that Council engaged Hill PDA to review the Planning Proposal which
concluded that:

“Overall there is sufficient justification to rezone the Subject Site to allow


for mixed used predominantly residential development given the existing
or potential land conflicts with residential to the north, south, east and
west and given the site's proximity to major amenities (i.e. Westfield
Eastgardens), employment hubs and education establishments.

The only issue is our analysis shows that rezoning the Subject Site
would result in the loss of 6 hectares of industrial land in Bayside LGA.
Despite this the site is not proximate to the ports area and it is
surrounded by residential on all sides.”

The minimum 5,000m2 of non-commercial uses/serviced apartment and seniors


housing will generate more jobs than would be provided on the site under the existing
industrial zoning. In addition, the on-going use of the site for industrial purposes would
conflict with existing and planned surrounding land uses.

A review of the proposal’s against section 117 Direction 1.1 Business and Industrial
Zones is discussed in more detail in Section 8.2.4.

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The Planning Proposal is also generally consistent with the relevant planning priorities of the District Plan as
discussed in Table 4.
Table 4 – Assessment of Planning Proposal against the Relevant Planning Priorities of the Eastern City District Plan

Relevant Planning Planning Proposal Response


Priority

Liveability

Planning Priority E3: The planning priority focuses on providing services and social infrastructure to meet the
Providing services and social changing needs of the population. In particular, the District Plan has identified an
infrastructure to meet people’s expected 20% increase in the number of children ages 0-4 who live in the Eastern City
changing needs. District, with 25% of the growth anticipated in LGA. The proposal makes provision for
two child care centres and will therefore make a positive contribution to meeting the
demand for child care services.

The planning priority also recognises that more compact housing in walkable
neighbourhoods will create opportunities for older people to downsize within their
community. The proposal will accommodate a mix of one, two and three-bedroom units
and potentially seniors housing, and is within a highly accessible location, adjacent to
Westfield Eastgardens. A broad range of retail, community facilities and services will
therefore be readily available within walking distance.

Planning Priority E5: As mentioned previously, the broader site) would generate approximately 3,700
Providing housing supply, dwellings, just under 3% of the overall target for the Eastern City District. In addition,
choice and affordability with the current proposal would represent 19.8% of Bayside LGA’s five-year housing target
access to jobs and services. (10,150 dwellings) expressed in the District Plan.

The apartment sizes and potential seniors housing envisaged across the site will
provide housing choice and cater to a range of households, including older members of
the community looking to downsize.

Consistent with the Region Plan, a proportion of new floorspace dedicated to affordable
housing will be provided. Discussions between Meriton and Council regarding the
provision of affordable housing as part of the development are ongoing.

Planning Priority E6: Creating Consistent with this planning priority, the Planning Proposal will facilitate the
and renewing great places redevelopment of underutilised land into a vibrant and sustainable neighbourhood. The
and local centres, and concept plan identifies a mixed use development designed around a network of public
respecting the District’s open spaces and a civic square with a minimum of 5,000sqm non-residential
heritage. floorspace that will activate and provide engaging spaces for the community. The
proposal may also deliver serviced apartment accommodation and possibly seniors
housing which will further contribute to the vibrancy of the site.

Public access to the site has historically been limited given its industrial use and
therefore the transfer of a substantial part of the site to public land would allow
appreciation of the site’s values and create substantial new opportunities for active and
passive recreation in the area that could recognise the former uses of the land.

Productivity

Planning Priority E10: This has been discussed previously under the Region Plan (Objective 14) in Table 3.
Delivering integrated land use The proposal accords with the actions aimed at delivering a 30-minute city and is
readily accessible to significant employment opportunities, including Sydney CBD. As
mentioned previously, the site has good access to public transport, with high frequency

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PART 3 - JUSTIFICATION 43
Relevant Planning Planning Proposal Response
Priority
and transport planning and a bus routes stopping on Bunnerong Road near the site and at the major transport
30-minute city. interchange at Westfield Eastgardens, providing bus priority services direct to the CBD
as well as direct access to CBD/SE light rail and Mascot Station. The site may also
benefit from the future extension to the Sydney Metro West extension shown in the
Transport Strategy 2056.

As outlined in the Transport Impact Assessment (prepared by Arup) the road network
surrounding the site is expected to cope with the proposed residential development.

Given the site is proposed to be located within a planned strategic centre, which will be
a focus of public transport investment as stated in the District Plan, it is expected that
there will be more services/facilities and transport options in the future to support the
surrounding growth and proposed development.

Planning Priority E11: This planning priority recognises that strategic centres provide services, jobs and
Growing investment, business places for communities and states that their vitality and viability is important to the local
opportunities and jobs in economy. The District Plan also states that the Eastern City District will need to
strategic centres. accommodate 1.77 million sqm of additional retail floor space over the next 20 years
and there will be significant demand for additional office floor space.

The site’s location within the Eastgardens-Maroubra Junction Strategic Centre provides
an opportunity to generate additional employment opportunities and deliver
complementary land uses to the proposed residential development. In response, the
Planning Proposal has been revised to make allowance for 5,000sqm of non-residential
commercial floorspace, which together with the proposed child care centre equates to
an estimated 330 direct and 190 indirect jobs.

The 342 direct ongoing jobs delivered by the Planning Proposal constitute 16%-31% of
the estimated 1,100-2,100 jobs (2016-36) of the Eastgardens-Maroubra Junction
Strategic Centre outlined in the District Plan. The direct ongoing jobs also represent a
2,180% increase on the 15 jobs currently provided on the site under its existing use as
outlined in Appendix B.

Planning Priority E12: This has been discussed previously under the Region Plan (Objective 23) in Table 3.
Protecting industrial and
urban services.

Sustainability

Planning Priority E18: This planning priority highlights that there are few opportunities to increase the quantity
Delivering high quality open of public open space and notes that high density neighbourhoods need to have high
space. quality open space within close proximity for recreation and to support social networks
and create a sense of community. To achieve this, the actions aim to investigate
opportunities for all high-density development to be located within 200m of quality open
space.

As discussed in more detail in Section 6.7, the proposed development will provide
approximately 20,208sqm of publicly accessible open space. The open space provided
on-site will be centrally located within easy access of the community, and provide high
quality areas for passive recreation, which complement the surrounding land uses. In
addition to the 2.5ha of open space in the original development, the broader precinct

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Relevant Planning Planning Proposal Response
Priority
will deliver over 4ha of new publicly accessible open space on a site that has been
closed to the public for many decades.

Consistent with a relevant local council strategy that has been endorsed by the Department.
The 2031 Strategy adopted by Council in 2009 provides a framework for growth and development over a 25-
year period and informed the preparation of the BBLEP 2013.
The 2031 Strategy addresses key employment and dwelling targets identified within A Plan for Growing
Sydney (now replaced with the Region Plan) and the East Subregional Strategy (now replaced with the
Eastern City District Plan). This Strategy identifies a target of 6,500 additional dwellings within the Botany
Bay LGA by 2031, however the analysis highlights that:

“Only around 108 hectares of the LGA is unconstrained land… a notional capacity of around
3,000 additional dwellings is identified. This falls well short of the target of 6,500. After
excluding constrained land, the settings under the existing development controls do not
provide sufficient capacity to meet the target.”

Notably, the 2031 Strategy which identifies this “planning gap” was prepared whilst the BATA facility was still
operational but does acknowledge (at the time) of its longer term “conversion” potential:

“The British American Tobacco industrially zoned site to the north of the shopping centre is
large. However, it is actively used and there is no particular need for it to be converted to
alternative uses at this time. There is potential for conversion in long‐term.” (p.58)

Subsequent actions by Council to rezone former Lot 2 and this current proposal to rezone Lot 1 reinforce the
arguments that residential intensification within the LGA is required to meet this dwelling target.
Housing targets have been reviewed as part of the District Plan and in response to the amalgamation of
Botany Bay and Rockdale Councils, the 2016-2021 housing target for Bayside is 10,150 new dwellings,
further exacerbating the already acknowledged “gap”. As indicated previously, the proposed development
has the potential to make a significant and positive contribution to this five-year target.
The proposal is also entirely consistent with the strategic vision for Eastgardens as outlined in the 2031
Strategy, which envisaged a mixed-use centre in the long term, once BATA had vacated the land.
Responding to a change in circumstances, such as the investment in new infrastructure or changing
demographic trends that have not been recognised by existing planning controls.
The site was not rezoned in entirety in 2013 because BATA retained an operational (albeit scaled back)
presence on the site. It was considered at the time that a staged approach was most appropriate. The earlier
rezoning (and subsequent Stage 1 Master Plan Consent) also sought to manage the interface between
residential uses within Urban Blocks 1 and 2, and the remaining BATA operations. The withdrawal of
industrial operations at the site by BATA and subsequently disposal of the site to Meriton therefore provides
an opportunity to reconsider and integrate the entire northern portion of the BATA site (north of Meriton
Boulevard).
The change in approach to height and built form is also in response to the site being within a new strategic
centre (under the District Plan), near to planned infrastructure investment (light rail or bus rapid to Maroubra
Junction) and the increased housing targets for the LGA.
Summary
It is considered that the Planning Proposal meets the relevant criteria of the strategic merit test as it is
entirely consistent with the Region Plan and associated District Plan. Furthermore, the Planning Proposal is
a clear response to a change in circumstances as the existing provisions do not align with the new
designation of Eastgardens-Maroubra Junction as a strategic centre with the site being an important
opportunity to provide appropriate high-density housing within a district centre.

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PART 3 - JUSTIFICATION 45
b) Does the proposal have site-specific merit?
In addition to meeting at least one of the strategic merit criteria, a planning proposal is required to
demonstrate site-specific merit against the following criteria:
Table 5 – Site-Specific Merit Test

Criteria Planning Proposal Response

Does the planning proposal There is no environmentally sensitive land or land with significant biodiversity value on or
have site-specific merit with surrounding the subject site that will be affected by the proposed rezoning. Furthermore,
regard to: there are no environmental constraints or hazards of such significance that would
precluded the redevelopment of the site for residential purposes.
the natural environment
(including known significant
environmental values,
resources or hazards)?

Does the planning proposal It is considered that the Planning Proposal has site-specific merit with regard to existing,
have site-specific merit with approved and future uses in the vicinity of the site as follows:
regard to:
• As outlined in the Economic Impact Assessment at Appendix B, the subject site
the existing uses, approved does not have the locational attributes to support industrial users that appeal to a
uses and likely future uses local customer base, or the transport accessibility to appeal to growing industrial
of land in the vicinity of the sectors such as freight and logistics. The interface with existing and proposed
land subject to a proposal? residential uses further reduces the ongoing viability of industrial uses within the site.

• The proposed rezoning will expand the approved urban renewal occurring on the
balance of the former BATA site in accordance with the strategic directions in
Council’s 2031 Strategy.

• The proposal will create a vibrant and sustainable residential community close to
existing and planned public transport infrastructure and will contribute to the growth
of the Eastgardens–Maroubra Junction Strategic Centre.

• The indicative built form layout maintains the reduction in building heights towards
the northern portion of the site in response to the existing low density residential
development north of Heffron Road.

• The proposed open spaces will provide improved amenities for existing residential
properties surrounding the site.

The Gateway Determination confirmed the proposal has site specific and strategic
planning merit that aligns with key state, district and local strategic planning policies.

Does the planning proposal The Due Diligence Report prepared by AT&L and provided at Appendix C confirms that
have site-specific merit with the site is serviced by existing water, sewer and electricity that is readily available and
regard to: can accommodate the intended outcome of the Planning Proposal.

the services and This report also demonstrates that a stormwater management system can be provided
infrastructure that are or will for the proposed development and can achieve the target requirements for Council,
be available to meet the Sydney Water and BASIX.
demands arising from the
Intersection upgrades have recently taken place for Bunnerong Road/Heffron Road as
proposal and any proposed
part of the Stage 1 Consent for the former Lot 2. There are also new traffic lights
financial arrangements for
proposed at the Meriton Boulevard/Bunnerong Road intersection and the roundabout at
infrastructure provision?

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Criteria Planning Proposal Response
the Banks Avenue/Heffron Road. These intersection improvements are considered
adequate to accommodate the redevelopment of the subject site.

The site will provide for a hierarchy of new access roads to service future development
and therefore, suitable infrastructure is available to meet the demands arising from the
proposal. Furthermore, any future development would be subject to s7.11 contributions
as applicable to the site.

Based on the supporting technical studies as well as the opportunity for VPA / s7.11
contributions, it is considered that the Planning Proposal has site-specific merit with
regard to the services and infrastructure that are or will be available to meet the needs
for the site.

8.2.2. Question 4: Is the Planning Proposal consistent with a council’s local


strategy or other local strategic plan?
As discussed previously in Section 8.2.2, it is considered that the Planning Proposal is consistent with the
key directions of Council’s 2031 Strategy and will make a significant contribution to Council’s five year
housing target.

8.2.3. Question 5: Is the Planning Proposal consistent with applicable State


Environmental Planning Policies?
The Planning Proposal is consistent with all relevant State Environmental Planning Policies (SEPPs) as
outlined in Table 6.
Table 6 – SEPP Consistency Review
POLICY DETAILS

SEPP 55 Remediation of Clause 6 of SEPP 55 requires in the event of a change of land use, the planning
Land authority must consider whether the land is contaminated, if the land can be suitably
remediated for the proposed use and that the authority is satisfied that this
remediation is sufficient for the proposed uses on the land.

The Summary of Contamination Investigations has been prepared by Douglas


Partners (DP) and is provided at Appendix F. Whilst this report was undertaken for
the previous Hassell concept plan, the conclusions remain relevant for the revised
masterplan and states:

DP considers that the site is suitable for rezoning for mixed uses (including
residential), and can be made suitable for the proposed development contingent on
the following additional investigations and documents being prepared and provided to
Council and the Site Auditor, prior to development consent:

• Additional soil, groundwater and soil vapour investigations to meet the NSW EPA
sampling guidelines and with reference to the intended site use as residential and
to supplement the previous works undertaken from 2011-2013;

• Preparation of a Remediation Action Plan (RAP);

• Preparation of an Asbestos Management Plan (AMP);

• Site Remediation and Validation reporting; and

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PART 3 - JUSTIFICATION 47
POLICY DETAILS

• Preparation of a Site Audit Statement (Part A).

SEPP (Infrastructure) 2007 The Infrastructure SEPP aims to facilitate the effective delivery of infrastructure
across the State by (amongst other things) identifying matters to be considered in the
assessment of development adjacent to particular types of development.

The proposed development is identified as traffic generating development to be


referred to the Roads and Maritime Services in accordance with Schedule 3 of the
SEPP.

The Transport Impact Assessment undertaken by Arup and provided at Appendix D


concludes that the road network has been determined to handle the development
traffic levels with minimal impacts to the road network. Traffic related matters are
discussed in more detail at Section 8.3.2.

SEPP 65 Design Quality of Future development of the land for residential purposes will need to accord with
Residential Flat Buildings SEPP 65 and the associated ADG. Of relevance, SEPP 65 and the ADG seek to
provide a framework for the consideration of design matters, including but not limited
to, the following:

• Overall building orientation.

• Dwelling mix and sizes.

• Provision of private and communal open space.

• Solar access.

• Acoustic privacy.

• Parking.

The masterplan which forms part of this proposal have been designed to facilitate
achievement of the SEPP 65 principles and ‘rules of thumb’ in relation to building
orientation, solar access, separation distances and related controls.

Detailed compliance with SEPP 65 will be demonstrated as part of any future DA.

SEPP (Buildings The BASIX SEPP requires residential development to achieve mandated levels of
Sustainability Index: BASIX) energy and water efficiency.
2004
The proposed concept has been designed with building massing and orientation to
facilitate future BASIX compliance, which will be documented at the DA stage.

SEPP (Housing for Seniors Any potential future development of the land for seniors housing will need to accord
or People with a Disability) with the Seniors SEPP. The Seniors SEPP provides development standards, related
2004 to the following:

• Site size and frontage.

• Building heights.

• Landscaped area and deep soil zones.

• Solar access.

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POLICY DETAILS

• Private open space.

• Parking.

It is noted that under Clause 45 of the Seniors SEPP, a consent authority may
consent to a DA for the purposes of seniors housing involving a building having a
density and scale (when expressed as FSR) by a bonus of 0.5 added to the GFA
component of that FSR.

Detailed compliance with the Seniors SEPP will be demonstrated as part of any
future DA for seniors housing.

8.2.4. Question 6: Is the Planning Proposal consistent with applicable


Ministerial Directions?
The Planning Proposal has been assessed against the Section 117 (now Section 9.1) Ministerial Directions
and is consistent with each of the relevant matters, as outlined below.

Table 7 – Consistency with Section 117 Ministerial Directions

Direction Requirements Comment

1.1 Business and The objectives of this direction are This direction states that ‘a planning proposal must not
Industrial Zones to: reduce the total potential floor space area for industrial
uses in industrial zones.’
(a) encourage employment growth
in suitable locations, The direction further states that:

(b) protect employment land in ‘A planning proposal may be inconsistent with the terms of
business and industrial zones, and this direction only if the relevant planning authority can
satisfy the Director-General of the Department of Planning
(c) support the viability of identified
that the provisions of the planning proposal that are
strategic centres.
inconsistent are justified.’

The Planning Proposal is inconsistent with this Section


117 Direction, however the inconsistency is justified in
accordance with Clause (5)(b):

‘(b) justified by a study (prepared in support of the


planning proposal) which gives consideration to the
objective of this direction.’

The Economic Impact Assessment undertaken by Urbis


(see Appendix B) concludes that the former BATA site is
not strategically significant industrial land and specifically
highlights the following:

• The subject site does not have the attributes of other


stronger industrial precincts located within the
Bayside Council…

• The subject site does not have the visibility to


support industrial users that appeal to a local
customer base, or the transport accessibility to

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PART 3 - JUSTIFICATION 49
Direction Requirements Comment
appeal to growing industrial sectors such as freight
and logistics.

• In addition, the Stage 1 Masterplan Consent for Lot 2


(to the south of the subject site) will create a land
use conflict with the site’s existing industrial use. The
existing approvals also restrict apartments to limit the
impact on existing residential uses on the opposite
side of Bunnerong and Heffron Roads.

Given the future land use conflict created by the


redevelopment occurring to the south and the restricted
operating hours currently applying to Lot 1 (under
DA2011/272), the ability to attract and maintain viable
operators will be limited. The proposed rezoning to
facilitate the transformation of underutilised industrial land
in a strategically important location is therefore justified
and appropriate in this instance and is supported by the
Gateway Determination.

Lot 1 is currently occupied by small scale industrial tenants


on short term leases to Meriton and employ around 15
people. As discussed previously, the proposed
development on the subject site is estimated to result in a
significant increase in direct and indirect employment and
economic activity. For instance, Meriton has advised that
there are approximately 1,000 construction workers on site
as of mid-2017. Approximately 342 direct and 196 indirect
jobs are also expected from the operation of the
commercial premises, childcare centres, and management
of the residential buildings.

The Gateway Determination confirmed the loss of


industrial lands to have strategic merit, being supported by
the Hill PDA peer review of the Economic Impact
Assessment which concluded:

“Overall there is sufficient justification to


rezone the Subject Site to allow for mixed
used predominantly residential development
given the existing or potential land conflicts
with residential to the north, south, east and
west and given the site's proximity to major
amenities (i.e. Westfield Eastgardens),
employment hubs and education
establishments.

The only issue is our analysis shows that


rezoning the Subject Site would result in the
loss of 6 hectares of industrial land in
Bayside LGA. Despite this the site is not
proximate to the ports area and it is
surrounded by residential on all sides.”

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Direction Requirements Comment

3.1 Residential The objectives of this direction are This direction applies whenever a relevant planning
Zones to: authority prepares a planning proposal that will affect land
within any zone in which significant residential
(a) to encourage a variety and
development is permitted or proposed to be permitted.
choice of housing types to provide
for existing and future housing The proposal seeks to broaden the range of housing
needs, provided in proximity to Eastgardens and the Eastern City
District more broadly, through the provision of high density
(b) to make efficient use of existing
residential apartments. The site is well placed to
infrastructure and services and
accommodate this type of housing and will make efficient
ensure that new housing has
use of existing services and infrastructure and assist in
appropriate access to infrastructure
meeting infill housing targets, particularly around centres
and services, and
and transport nodes.
(c) to minimise the impact of
The subject site does not contain any significant flora or
residential development on the
fauna, which would be adversely impacted by the
environment and resource lands.
proposed redevelopment. In addition, any future
development would incorporate relevant sustainable
measures.

3.4 Integrating Land The objective of this direction is to The proposal is consistent with the direction for the
Use and Transport ensure that urban structures, following reasons:
building forms, land use locations,
• The site supports the principle of integrating land use
development designs, subdivision
and transport.
and street layouts achieve the
following planning objectives: • The site exhibits good access to public and private
transportation use.
(a) improving access to housing,
jobs and services by walking, • The site’s proximity to public transport will provide
cycling and public transport, and opportunities for residents to access the site.

(b) increasing the choice of • The proposal will provide additional employment
available transport and reducing (during construction) within the LGA within close
dependence on cars, and proximity to existing services and infrastructure.

(c) reducing travel demand • The site frontage has the opportunity to
including the number of trips accommodate a light rail stop that is being pursued
generated by development and the by Bayside and Randwick Councils.
distances travelled, especially by
car, and • The Proponent is already working with TfNSW to
deliver new and extended bus services to the site.
(d) supporting the efficient and
viable operation of public transport • The Transport Strategy 2056 identifies the area will

services, and be serviced by an extension to the Sydney West


Metro Line in the future.
(e) providing for the efficient
movement of freight

3.5 Development The objectives of this direction are: The subject site is outside the 2029 ANEF contours and
Near Licensed therefore, airport noise is not a constraint to the
(a) to ensure the effective and safe
Aerodromes redevelopment of the site for residential purposes.
operation of aerodromes, and

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PART 3 - JUSTIFICATION 51
Direction Requirements Comment
(b) to ensure that their operation is The broader BATA site is subject to an Obstacle Limitation
not compromised by development Surface (OLS) of RL 51.0.
that constitutes an obstruction,
The proposed concept plan includes buildings up to 20
hazard or potential hazard to
storey in height (RL 91.0), which are a similar height to
aircraft flying in the vicinity, and
buildings approved as part of the Stage 1 Consent. The
(c) to ensure development for Stage 1 Consent is supported by an approval from the
residential purposes or human Department of Infrastructure and Regional Development
occupation, if situated on land under the Airports Act 1996 (dated 23 January 2017) that
within the Australian Noise allows a maximum height of 91m (AHD) for 130-150
Exposure Forecast (ANEF) Bunnerong Road, including Urban Blocks 1 and 2 (now
contours of between 20 and 25, forming part of the subject site).
incorporates appropriate mitigation
An Aeronautical Impact Assessment has been prepared
measures so that the development
by Landrum & Brown (see Appendix I) as part of this
is not adversely affected by aircraft
Planning Proposal and concludes:
noise
Meriton has been awarded approval to construct buildings
to a maximum height of 91 m AHD which will infringe
Sydney Airport prescribed airspace to a maximum of 40 m.

• Located in the same site as the approved


development, the proposed additional buildings of
Pagewood – Stage II, to a maximum height of 91 m
AHD:

• will infringe the Inner Horizontal Surface of the


Sydney Airport OLS by up to 40 m, however, due to
the limited use of circling approaches, does not
present a significant hazard to flight operations;

• will not infringe the OLS of any other airport;

• will not infringe the Sydney Airport PANS OPS


surfaces, or the PANS OPS surfaces for any other
airport in the vicinity…

Subsequent to the grant of any approval for this


development, a detailed application to Civil Aviation
Safety Authority (CASA), Airservices Australia, and
Sydney Airport will need to be made for the cranes
(temporary obstacles) required during the building
process.

The proposed dwellings can be appropriately designed


and incorporate mitigation measures (if required) to
minimise adverse aircraft noise. This would be addressed
at the time of detailed design.

6.3 Site-Specific (1) The objective of this direction is The Planning Proposal has been prepared in accordance
Provisions to discourage unnecessarily with the provisions of the Standard Instrument and in a
manner consistent with the BBLEP 2013.

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Direction Requirements Comment
restrictive site-specific planning The proposal includes site-specific additional permitted
controls. uses via Schedule 1 to create land use flexibility and
address the requirements of the Gateway Determination.

7.1 Implementation The objective of this direction is to The Planning Proposal is entirely consistent with the
of A Plan for give legal effect to the planning relevant key priorities outlined for the District Plan as
Growing Sydney principles; directions; and priorities discussed in Section 8.2.1. These priorities closely align
for subregions, strategic centres with the relevant directions of the Region Plan.
and transport gateways contained
in A Plan for Growing Sydney.

8.3. SECTION C – ENVIRONMENTAL, SOCIAL AND ECONOMIC IMPACT


8.3.1. Question 7: 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 site is fully developed and comprises little vegetation, with the exception of mature trees lining the
northern and eastern boundaries of the site. There are no known critical habitats or threatened species,
populations or ecological communities located on the site and therefore the likelihood of any negative
impacts is minimal.

8.3.2. Question 8: Are there any other likely environmental effects as a result
of the planning proposal and how are they proposed to be managed?
There are not likely to be any environmental impacts associated with the future development of the land that
cannot be suitably mitigated through detailed design development. The following sections address the
environmental impacts.
Traffic
An analysis of the traffic and transport related considerations for the Planning Proposal are addressed in the
Transport Impact Assessment prepared by Arup and provided at Appendix D. In summary, the assessment
concludes:

• An analysis of the road network capacity has been used to estimate that the road network could sustain
development with the site comprising 1,639 additional dwellings across the broader BATA site and an
additional 1,000sqm retail GFA.

• Car parking for the residential component of the development is proposed based on the following rates:

− 0.5 spaces per studio/one bedroom apartment;

− 1 space per two bedroom apartment;

− 1.5 spaces per three bedroom apartment; and

− 1 space per 10 apartments for visitors.


These rates are generally aligned with those recommended rates in the RTA Guide to Traffic
Generating Development, which indicate:

− 0.6 spaces per one bedroom apartment;

− 0.9 spaces per two bedroom apartment; and

− 1.4 spaces per three plus bedroom apartment.

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PART 3 - JUSTIFICATION 53
The reduced car parking rates are considered appropriate to reduce car mode share at the development
and the modified rates will be supported by proposed light rail extensions. The site is within a
designated strategic centre and it is expected that there will be more services/facilities and transport
options in the future to support the surrounding growth and proposed development.

• Residential bicycle parking at a rate of 10% of the car parking figure is considered appropriate for the
proposed development.

• The extensive provision of walking and cycling facilities within the development will be integrated with
network of walking and cycling connections surrounding the site.

• The site has good access to existing public transport, including a range of bus services. It is anticipated
that an additional eight bus services during peak hours will be required to service the proposed
development.

• Sustainable transport measures such as car share schemes should be considered to reduce
dependency on private car usage.
Contamination
The broader BATA site has been the subject of a number of environmental investigations by DP given the
previous uses of the site as an automobile assembly plant by General Motors Holden from 1939 to 1982 and
then a tobacco manufacturing plant by BATA.
As discussed previously at Section 8.2.3, DP concluded that the site can be rendered suitable for the
proposed residential uses subject to the findings of additional investigations, monitoring and validation works
normally undertaken during the development application process (see Appendix F).
The preferred remediation strategy for the site in accordance with the NSW EPA hierarchy for remediation,
involves the retention and management of contaminated soils on-site, either through relocation to less
sensitive areas and/or capping. This would reduce the need to remove large volumes of soil to landfill and
therefore any design strategy that supports this strategy, such as avoiding excavating the site for basements,
is preferred. In addition, large excavations have the potential to impact on groundwater and make it difficult
to isolate and/or manage any identified contaminated groundwater.

Geotechnical

A Geotechnical Study has been undertaken by DP (see Appendix E) to determine whether any further work
was required to accommodate the proposed uses on the site. Whilst this report was undertaken for the previous
Hassell concept plan, the results remain relevant for the revised masterplan.

The study acknowledges that excavations at the site for car parking would be feasible, however there is
increasing difficulty in construction with increasing depth of excavation. There is a preference to limit the
depth of excavation at the site, particularly given that excavations deeper than 3m would require the
following design considerations:

• Permanent retaining wall support.

• Temporary ground anchors to support the retaining wall will be required until permanent support from the
structure can be provided.

• Excavation to below or near the groundwater level will need to carry out the following:

− Obtain approval for temporary dewatering and construction from the relevant government
departments.

− Groundwater modelling of the effect of lowering the ground level of surrounding infrastructure.

− Temporary dewatering of the groundwater level to allow construction.

− Off-site deposal of groundwater (subject to appropriate approvals).

− Construction of tanked (ie. fully water-tight) basement.

− Allowance in the design for the ground slab to withstand the applied buoyancy forces.

− Monitoring of groundwater levels in the area before and during construction.

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Having regard to the above, it is anticipated that car parking for residents and visitors will be accommodated
within the podium of each building.
In summary, the geotechnical study concludes that the site is suitable from a geotechnical perspective for
rezoning to mixed uses including residential, subject to the recommendations of the report being
implemented in future detailed development stages.

Flooding

External flood levels are considered in the Due Diligence Report prepared by AT&L (see Appendix C) and
will need to be addressed during the detailed design phase of any future development. It is considered that
car park entry levels and ground floor levels can be appropriately designed with adequate freeboard.
Heritage
As mentioned at Section 5.1.4, the subject site is not a listed heritage item under the BBLEP 2013, nor is it
located within a heritage conservation area. Nonetheless, the administration building in the north-east corner
of the site (see Figure 19) was considered to have some limited historic and associative significance at a
local level. The site is also located in the general vicinity of Jellicoe Park (Item 155) and Harris Reserve (Item
66).
Figure 19 – External Image of the Administration Building

A Heritage Impact Statement was prepared based on the earlier concept plan prepared by Hassell, which
included the retention of the administration building and the two northern pillars to the former assembly plant.
At the time, it was intended that the administration building would be dedicated to Council for ongoing
community/public use. It is understood from discussions between Meriton and Council that this dedication is
not supported by Council.
Given there is no statutory requirement to retain any fabric on the site from a heritage perspective, a
Complying Development Certificate (CDC) was issued on 23 July 2018 for the demolition of the
administration building (see Appendix K). Notwithstanding the CDC and in recognition of the heritage values
associated with the site, an interpretation strategy and archival recording of the site has been recommended
by Urbis.

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PART 3 - JUSTIFICATION 55
It is anticipated that the interpretation strategy and archival recording will be incorporated into any future DAs
for the development of the site.
Existing Vegetation
The site is predominantly cleared of all vegetation with the exception of mature trees lining the northern,
eastern and western boundaries. The Preliminary Tree Assessment prepared by Jacksons Nature Works
(see Appendix G) concludes that there is a significant opportunity to retain a large proportion of trees in and
around the site as the trees are concentrated at the perimeters. Whilst it is acknowledged that some tree
removal will occur as part of the future development of the site, where possible trees will be retained, and the
scale of the site provided ample opportunity to replant compensatory canopy trees, shrubs and ground
covers to offset any tree loss.
Summary
Overall, it is considered that the site will not result in any significant environmental effects that would
preclude the LEP amendment and the ultimate redevelopment of the site for residential purposes.

8.3.3. Question 9: Has the Planning Proposal adequately addressed any


social and economic effects?
Social Impact
The proposal will have positive social impacts on the local community and wider LGA as follows:

• The endorsed Planning Agreement will provide:

− approximately 100 rooms of affordable housing to house local key works that may not otherwise be
able to live within the local area; and

− monetary contribution of $23.9 million, which will go towards local infrastructure and community
facility upgrades, including upgrading the Botany Aquatic Centre.

• Potential to contribute approximately 2,015 new dwellings to the local housing stock. The proposed
masterplan provides flexibility with the future detailed design to accommodate a variety and size of
dwelling types consistent with the ADG.

• Increased diversity of housing to meet demographic and cultural change. In particular, the provision of
smaller dwellings and potential seniors housing in an area characterised by detached dwellings will
increase the supply and choice of well-located rental and purchase accommodation.

• Opportunity to acknowledge the historical industrial history of the site by integrating interpretive elements
into a high-quality urban design outcome that responds to its context and will enhance the surrounding
public domain.

• Delivery of approximately 20,208sqm in open space – including a linear open space along the entire
northern edge of the site that could be integrated with potential, future light rail stops. The additional
open space, which will provide excellent solar access and potential public transport, would be accessible
to the existing residential neighbourhoods surrounding the site.

• Ability to ‘open up’ a site that has historically been closed with new mixed-use development, open space,
community services and facilities, all within a permeable and accessible public domain network.

• Increased sustainability in terms of the ability to walk, cycle or use public transport to access the range of
commercial activities and services available in the strategic centre of Eastgardens-Maroubra Junction,
and proximity to passive and active recreational areas.

• Whilst the principles of crime prevention through environmental design (CPTED) will be considered in
the detailed design of the development, design elements and opportunities for casual surveillance across
podiums, public domain and open spaces will deter anti-social behaviour.
Economic Impact
As outlined in the Economic Impact Assessment at Appendix B, the proposal will have the following
economic benefits:

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• The proposed development on the subject site is estimated to result in an increase in direct and indirect
employment and economic activity (Gross Value Added – GVA).

− 171 direct and 531 indirect jobs from the construction of the proposed development concept resulting
in gross value add of $102.6 million.

− 342 direct and 196 indirect jobs from the operation of the childcare and retail facilities resulting in
gross value add of $57.5 million.

• It is worth noting that there will be peaks and troughs of actual jobs during construction. For instance, we
understand from Meriton that there are approximately 1,00 construction workers on the subject site as of
mid-2017.

• In addition, the subject site’s redevelopment will accommodate an additional 2,770 local residents (as
advised by SJB):

− Based on the current spending profile of residents within the Bayside Council, an average spend per
capita of $13,514 in $2018 is calculated.

− Therefore, additional population could generate $37.4 million in retail expenditure (in $2018).

− Increasing the local resident population will activate the area, providing passive security for the
residents, workers and visitors of the site.
Summary
The Planning Proposal will therefore have positive social and economic benefits for the broader community.
It is considered that the proposal has addressed social and economic impacts and is in the public interest.

8.3.4. Question 10: Is there adequate public infrastructure for the Planning
Proposal?
It is understood that the existing infrastructure and utilities at, and surrounding, the site has the capacity to
accommodate development on the site, subject to any necessary expansion and augmentation at the
detailed DA stage.
A range of established services are available within close proximity of the site, including health, education
and emergency services networks. As part of the broader planning under the District Plans, relevant
government agencies will be undertaking necessary planning for respective public facilities and
infrastructure.
It is noted that the Proponent is already working with TfNSW to provide new and extended bus routes which
will improve public transport services to the site.
Question 11: What are the views of State and Commonwealth public authorities consulted in
accordance with the Gateway determination?
As required in the Gateway Determination, Council will consult with relevant public authorities including:

• Transport for NSW;

• RMS;

• NSW Ports;

• Sydney Airport Authority;

• CASA;

• Department of Education;

• Environment Protection Authority; and

• Office of Environment and Heritage.

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PART 3 - JUSTIFICATION 57
9. PART 4 – MAPPING
Three maps contained within the BBLEP 2013 are proposed to be amended:

• Land Use Zoning Map 4 and Map 5.

• Floor Space Ratio Map 4 and Map 5.

• Height of Buildings Map 4 and Map 5.


These proposed map amendments are provided at Appendix J.

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10. PART 5 - COMMUNITY CONSULTATION
In accordance with the Gateway Determination, Council is required to undertake community consultation. It
is anticipated that the Planning Proposal will be publicly exhibited for 28 days in accordance with the
requirements of the DPE guidelines A Guide to Preparing Local Environmental Plans.
It is anticipated that the public exhibition of the Planning Proposal will be notified by way of:

• A public notice in the local newspaper(s).

• A notice on the Council website.

• Written correspondence to adjoining and surrounding landowners.


The Gateway Determination and Planning Proposal will be publicly exhibited at Council’s offices and any
other locations considered appropriate to provide interested parties with the opportunity to view the
submitted documentation.

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PART 5 - COMMUNITY CONSULTATION 59
11. PART 6 – PROJECT TIMELINE
The proposed indicative timeline for the project is summarised in the following table.
Table 8 – Proposed Indicative Project Timeline

Project Milestone Proposed Project Timeline

Anticipated commencement date (date of Gateway Completed – December 2017


determination)

Anticipated timeframe for the completion of technical Completed – March 2018


information if required by Gateway.

Timeframe for government agency consultation (pre Completed – October 2019


and post exhibition as required by Gateway
determination)

Commencement and completion dates for public Q4 2018 – 28 days


exhibition period

Timeframe for consideration of submissions Q1 2019

Timeframe for the consideration of a proposal post Q1 2019


exhibition

Date of submission to the Department to finalise the Q1 2019


LEP

Anticipated date RPA will make the plan (if Q1 2019


delegated)

Anticipated date RPA will forward to the Department Q1 2019


for notification.

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12. CONCLUSION
Council’s 2031 Strategy foreshadowed in 2009 a significant “gap” in the ability to provide sufficient suitable
land to accommodate its forecast need for housing. That gap was based partly on BATA maintaining a full
operational presence across both the broader BATA site.
Since 2009:

• BATA initially scaled back its operation and in 2015 vacated the site completely.

• The entire site of some 16.5ha of land is now under the single ownership of Meriton.

• Former Lot 2 has been rezoned and is now under development.

• Lot 1 is currently occupied by small scale industrial tenants on short term leases to Meriton.

• The finalised Region Plan identifies the site in the Global Economic Corridor.

• The Eastern City District Plan has been released reflective of updated and increased population
forecasts for the District and incorporating the site in the proposed Eastgardens – Maroubra Junction
Strategic Centre.

• Proposals for enhanced public transport connections to the proposed Centre have advanced, with the
potential to extend the CBD and South East light rail corridor onto the site highlighted.

• No other significant lands have been rezoned in the former Botany Bay LGA area to support forecast
housing targets.
The factors combined paint a compelling picture of the strategic merit to advance rezoning of the site
in the manner proposed.
The Planning Proposal has been prepared in accordance with Section 3.33 of the EP&A Act and the relevant
guidelines prepared by DPE, including A Guide to Preparing Local Environmental Plans and A Guide to
Preparing Planning Proposals. It sets out the justification for the proposed LEP amendments applicable to
the site to allow for a high-density residential development.
The proposal provides for an intended outcome that will contribute to meeting future housing targets in the
LGA and Eastern City District more broadly. The proposal is of a similar scale to, and will complement, the
urban renewal occurring to the south of the site and provides for a cohesive and well-connected
redevelopment across the broader BATA site. The proposed massing of development has also considered
the local context, including the established, low-density community to the north.
The Planning Proposal successfully achieves a balance between good urban design whilst also recognising
the benefits of facilitating high-density development adjacent to the recently designated Eastgardens-
Maroubra Junction Strategic Centre. This change in circumstance together with BATA ceasing
operations (which has been anticipated for some time by Council) at the site ensures that there is
site-specific merit. The strategic and site-specific merit of the Planning Proposal was recognised in the
Gateway Determination, which ensures the Planning Proposal aligns with the established state, district and
local planning policies. The proposal will result in a number of important public benefits as demonstrated
within this report. In summary, the Planning Proposal will:

• Enable new dwellings to be accommodated within a designated strategic centre, thereby contributing to
future housing needs in the area.

• Contribute to the range of housing available within the LGA increasing housing choice and diversity.

• Facilitate the delivery and dedication of affordable housing, public roads and over 20,000sqm of open
space by way of a VPA.

• Provide an opportunity to replace an underutilised industrial site with a high-quality urban design
outcome that responds to its context and will enhance the surrounding public domain.

• Create a significant number of new jobs during construction and via permanent retail uses, child care
and complementary uses as well as ongoing management of residential buildings (strata management

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CONCLUSION 61
and building maintenance). The additional residential population is also able to support and strengthen
the economic activities and employment base of the district centre.

• Will provide flexibility of land uses with the inclusion of the amendments to Schedule 1 Additional
Permitted Uses for seniors housing and ’serviced apartment’, which will add to the potential of the site to
create employment.
Overall, it is considered that the Planning Proposal has strategic merit and will result in a significant net
community benefit by facilitating the redevelopment of underutilised industrial land into a vibrant urban
renewal area. Accordingly, Council, DPE and the Greater Sydney Commission have all endorsed the
amendment to the BBLEP 2013.

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62 CONCLUSION SA7548_REVISED PLANNING PROPOSAL_128 BUNNERONG ROAD,


PAGEWOOD 20 NOV 2018
DISCLAIMER
This report is dated 5 September 2018 and incorporates information and events up to that date only and
excludes any information arising, or event occurring, after that date which may affect the validity of Urbis Pty
Ltd’s (Urbis) opinion in this report. Urbis prepared this report on the instructions, and for the benefit only, of
Meriton Property Services Pty Ltd (Instructing Party) for the purpose of Planning Proposal (Purpose) and
not for any other purpose or use. To the extent permitted by applicable law, Urbis expressly disclaims all
liability, whether direct or indirect, to the Instructing Party which relies or purports to rely on this report for any
purpose other than the Purpose, and to any other person which relies or purports to rely on this report for any
purpose whatsoever (including the Purpose).
In preparing this report, Urbis was required to make judgements which may be affected by unforeseen future
events, the likelihood and effects of which are not capable of precise assessment.
All surveys, forecasts, projections and recommendations contained in or associated with this report are made
in good faith and on the basis of information supplied to Urbis at the date of this report, and upon which Urbis
relied. Achievement of the projections and budgets set out in this report will depend, among other things, on
the actions of others over which Urbis has no control.
In preparing this report, Urbis may rely on or refer to documents in a language other than English, which Urbis
may arrange to be translated. Urbis is not responsible for the accuracy or completeness of such translations
and disclaims any liability for any statement or opinion made in this report being inaccurate or incomplete
arising from such translations.
Whilst Urbis has made all reasonable inquiries it believes necessary in preparing this report, it is not
responsible for determining the completeness or accuracy of information provided to it. Urbis (including its
officers and personnel) is not liable for any errors or omissions, including in information provided by the
Instructing Party or another person or upon which Urbis relies, provided that such errors or omissions are not
made by Urbis recklessly or in bad faith.
This report has been prepared with due care and diligence by Urbis and the statements and opinions given by
Urbis in this report are given in good faith and in the reasonable belief that they are correct and not misleading,
subject to the limitations above.

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64 DISCLAIMER URBIS
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APPENDIX A MASTERPLAN AND URBAN DESIGN
REPORT

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APPENDICES
APPENDIX B ECONOMIC IMPACT ASSESSMENT

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APPENDIX C SERVICES, DRAINAGE AND FLOODING DUE
DILIGENCE REPORT

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APPENDICES
APPENDIX D TRANSPORT IMPACT ASSESSMENT

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APPENDIX E SUMMARY OF GEOTECHNICAL
CONDITIONS

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APPENDICES
APPENDIX F SUMMARY OF CONTAMINATION
INVESTIGATIONS

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APPENDIX G PRELIMINARY TREE ASSESSMENT
REPORT

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APPENDICES
APPENDIX H SURVEY PLAN

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APPENDIX I AERONAUTICAL IMPACT ASSESSMENT

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APPENDICES
APPENDIX J PROPOSED LEP MAPPING

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APPENDIX K COMPLYING DEVELOPMENT CERTIFICATE

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APPENDICES
APPENDIX L HERITAGE IMPACT STATEMENT

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APPENDICES

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