What is the development intention of the planning proposal?

    A. The Planning Proposal is seeking the following planning amendments to the Willoughby Local Environmental Plan (LEP) 2012 to allow a mixed-use development comprising retail/commercial uses and housing units on the site including:

    • Include an additional permitted land use of “residential flat building” on the site, specifying that land uses facing Edinburgh Road should be non-residential and that a minimum of 20% of total floorspace should be non-residential uses.
    • Proposed floor space ratio (FSR) of 1.8:1, which includes a maximum of FSR of 1.6:1 for the development above Edinburgh Road.
    • Heights increased across the site from the current 9m maximum to a site-specific clause. The site-specific clause proposes a maximum building height not greater than AHD 97.49 which equates to 11m above Edinburgh Road level and 15.8 m above southern boundary.
    • Additional height is to be permitted for various specified roof top facilities including a lift tower being a maximum 4.5m above the roof finished floor level.
    • Maintain the existing RE1 Public Recreation zone strip (Lot 1 DP 43691) at the rear of the site as part of the pedestrian access way linking to The Postern.
    • Amend the Special Provisions Area Map to show Lot 11, DP 611594 100 Edinburgh Road, Castlecrag, as Area 9 (Clause 6.8 Affordable Housing applies), and Area 12 (Clause 6.23 Design Excellence applies).

    What is the purpose of the proposed development control plan (DCP) for the site?

    The exhibition also includes draft amendments to Willoughby Development Control Plan (WDCP) Draft Part I.13 relating to the site. 

    The draft DCP includes a range of site-specific controls including site planning, landscaping and tree preservation, management of public and communal open space, solar access, visual privacy and building colours and materials.

    What is the history of the planning proposal?

    The planning proposal submitted by the applicant that has been placed on exhibition along with the draft development control plan (DCP) is generally consistent with the Willoughby Local Centres Strategy to 2036 that was developed with extensive community consultation and adopted by Council in 2019.

     A previous planning proposal for the site was considered by Council but not supported as it was not consistent with the building height and floor space ratio proposed in the Local Centres Strategy.

    What happens after the public exhibition finishes?

    Council officers will consider all submissions received during public exhibition and a report will be put to Council with a recommendation to proceed with the planning proposal and DCP as exhibited or with amendments or alternatively to not proceed with the planning proposal and DCP.

    What happens after the planning proposal is finalised?

    If Council and the State Government support the finalisation (gazettal) of the planning proposal (ie amend the Willoughby LEP 2012) a development application (DA) consistent with the planning proposal will be able to submitted to Council for approval. The draft DA will also be placed on public exhibition for comment.  

    The DA will need to demonstrate consistency with the LEP and DCP.

    Is there a voluntary planning agreement (VPA) for the planning proposal?

    A draft VPA has been prepared by the applicant and is currently being reviewed by Council. It is anticipated that a draft VPA will be considered by Council in the near future and will be placed on public exhibition for comment prior to adoption.

    The purpose of the VPA is to provide contributions in cash or kind for the upgrade of public facilities in the vicinity of the planning proposal.

    How does this planning proposal relate to the Willoughby Comprehensive LEP and DCP recently on public exhibition?

    The Willoughby Comprehensive LEP and DCP recently on public exhibition is a separate proposed LEP and DCP amendment. 

    All submissions on the Comprehensive draft LEP and DCP are currently being reviewed and are expected to be considered by Council later in 2022.

    How much parking is proposed in the new development concept plan?

    157 car spaces are proposed to be provided in the development, according to the traffic review provided with the concept proposal submitted with the planning proposal.

    According to Willoughby Development Control Plan (WDCP), a minimum of 156 spaces are required.  Of the 157 spaces proposed, 74 spaces are nominated for retail users, 67 spaces for residential users and 16 shared/ visitor spaces.  The existing basement carpark for the Quadrangle development includes spaces for 117 vehicles.

    What happens to the existing trees on the site with any future development?

    The planning proposal indicates that the majority of mature trees on the site will be retained as part of any future development approved on the site. The concept plan for the building has been located so as to provide adequate protection to the existing trees. 

    The arborist report submitted with the proposal states that measures will be put in place to ensure that existing trees will be protected. Existing street trees on Edinburgh Road and mature trees to the southern boundary are proposed to be, protected, managed and maintained. 

    A total of four dead (or dying) trees are proposed to be removed. An additional tree is proposed to be removed as a result of the new development. 

    This tree will be replaced in the landscape plans. Controls for the protection of existing trees and their root zones have also been included in the draft DCP (refer DCP Fig. 5 Tree Preservation Plan)

    What will be the overshadowing impacts of any future development on adjoining sites?

    The planning proposal states that there is minimal additional overshadowing impact to private properties to the south in mid-winter. 

    It is also noted that current overshadowing by existing trees already impacts properties to the south.  There will be little overshadowing due to the proposal (or the trees) at the equinox, 21 March or 21 September (refer Planning Proposal Appendix 1 – Overshadowing Analysis).

    How do I make a submission

    Written submissions will be received up until 5pm Friday 9 September 2022 and should be addressed to the Chief Executive Officer, PO Box 57, Chatswood NSW 2057.   Alternatively you can email your submission through the website at www.haveyoursaywilloughby.com.au or lodge it on the NSW planning portal at https://pp.planningportal.nsw.gov.au/ppr.