The planning framework for this application is established under the Environmental Planning and Assessment Act 1979 and the accompanying Environmental Planning and Assessment Regulation 2000. It comprises of State and Local Environmental Planning Instruments (EPI) and Council Plans and Policies.
The Statement of Environmental Effects that forms part of the Development Application documentation incorporates a thorough assessment of the proposal against the relevant provisions of the following EPI and Council policies Plans and Policies.
• State Environmental Planning Policy No 19 - Bushland in Urban Areas;
• State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017;
• State Environmental Planning Policy No. 55 - Remediation of Land;
• State Environmental Planning Policy (Housing for Seniors and people with a disability) 2004 (Seniors SEPP);
• State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004;
• State Environmental Planning Policy (Infrastructure) 2007;
• State Environmental Planning Policy (State and Regional Development) 2011;
• Sydney Regional Environmental Planning Policy (Sydney Harbour Catchment) 2005;
• Lane Cove Local Environmental Plan 2009 (Lane Cove LEP 2009);
• The Lane Cove Development Control Plan 2010; and
• Draft Proposed Development For Northwood Shops Development Control Plan (DCP) currently being publicly exhibited by Lane Cove Council between 3rd September 2020 and 15th October 2020.
• DEFINITION OF THE USE
The proposal satisfies the definition of a residential aged care facility as defined under the SEPP. The permissibility of the RACF on this site is established under the SEPP.
• NON-REFUSAL DEVELOPMENT CONTROLS
The SEPP establishes development standards that if complied with cannot be used by a Consent Authority as grounds for refusal. These standards are set out below:
• 8 metre height
• 1:1 floor space ratio (FSR)
• 25 square metre per RACF bed landscape requirement
In circumstances where a proposal does not comply with these controls the Consent Authority is to determine if a proposal is satisfactory on its merit. The proposal exceeds the non-refusal standards and as such Lane Cove Council will assess the Development Application against these controls on merit. It is the Lane Cove LEP 2009 that establishes the Height and FSR controls for this site.
• PERMISSIBLE DEVELOPMENT
The Development Application seeks development consent for a mixed use development containing a RACF, 2051 square metres of commercial premises including a medical centre with ancillary hydrotherapy pool.
The medical centre will be available to the broader community for the purpose of providing remediation and rehabilitation services.
The commercial floor space may be occupied by a pharmacy, café, restaurant and medical centre with specialist doctors. These uses will be independent of the RACF and open to the general public. The occupation of the commercial premises for these uses falls under the definition of business premises. These uses will be the subject of separate development applications.
All of the proposed uses are permissible with consent in the B4 Mixed Use Zone.
• FLOOR SPACE RATIO
The Lane Cove LEP Floor Space Ratio Map identifies a maximum floor space ratio (FSR) of 1:1 for the subject site. When this is combined with the additional FSR of 0.85:1 permitted under Clause 6.9(2)(b) of the LEP, the site is subject to a maximum FSR of 1.85:1. The proposal achieves a total FSR of 1.83:1 and therefore complies with the Lane Cove LEP 2009.
More broadly, the development comfortably sits below the maximum RL66.25 identified in Clause 6.9(2)(a) of the LEP. There is a variation to the maximum building height that is limited to the building’s parapet, rooftop services and stair over run where the building height is RL 68.65.
To address the departure to the height control a Clause 4.6 Variation Request has been prepared requesting that Council approve the departure on the basis that it does not contribute distinguishable bulk, scale or density of the building, and accordingly is a minor variation and worthy of support.
Lane Cove Council in conjunction with Pathways Residences prepared a site specific Development Control Plan (DCP) that provides additional design guidance for the site. It does this by establishing a series of site specific design controls. The Draft DCP is on public exhibition concurrently with the Development Application between 3rd September and the 15th October 2020. To view the Draft DCP on the Council website Click Here http://www.lanecove.nsw.gov.au/CouncilConsultations/Pages/NorthwoodShopsDCP.aspx
Table 2 below sets out a summary of how the proposed development complies with the key design controls relating to height, setbacks, through site links and view corridors, active street frontages, landscaped area and site access. These controls represent the key areas of interest arising from the 2016 community consultation and the 2018 exhibition of the Planning Proposal and Concept Plan. There are other matters set out in the Draft DCP relating to waste management, stormwater runoff, noise and lighting mitigation, bushland protection. A detailed assessment of how the proposed development complies with the Draft DCP provisions forms part of Pathways Residences Development Application documentation.