Update

The Planning Proposal (Georges River LEP 2021 - Map Amendment No. 3) was gazetted on 10 May 2024.  

The Planning Proposal amends the Georges River LEP (GRLEP) 2021 to:

• Rezone the site from part SP2 Infrastructure (Public Administration) and part R2 Low Density Residential to R4 High Density Residential;
• Introduce a maximum floor space ratio (FSR) of 1:4:1;
• Introduce a maximum building height of 16m; and
• Introduce a 1,000sqm minimum lot size.

A copy of the gazettal notice is available on the Amendments to the Georges River LEP 2021 here

Amendment No. 5 to the Georges River Development Control Plan (GRDCP) 2021 became effective on 10 May 2024. A copy of Amendment No. 5 to the GRDCP 2021 is available on the Development Control Plans page.

Background

A report (Item ENV011-23) was considered by Council at its meeting on 24 April 2023 on Amendment No.4 to the Georges River Development Control Plan 2021 (GRDCP 2021) (the DCP amendment) for 143 Stoney Creek Road, Beverly Hills.

The DCP amendment contains built form and design provisions to guide the redevelopment of the subject site which is subject to a Planning Proposal. The DCP amendment will accompany the site-specific Planning Proposal and will be inserted into Part 10 - Precincts as Section 10.4 - 143 Stoney Creek Road, Beverly Hills of GRDCP 2021.

The Planning Proposal amends the Georges River LEP (GRLEP) 2021:

• Rezone the site from part SP2 Infrastructure (Public Administration) and part R2 Low Density Residential to R4 High Density Residential;
• Include "business premises" and "office premises" as additional permitted uses in Schedule 1;
• Introduce a maximum floor space ratio (FSR) of 1:4:1;
• Introduce a maximum building height of 16m; and
• Introduce a 1,000sqm minimum lot size.

The Planning Proposal will be on exhibition from 27 April to 26 May 2023. The Planning Proposal documents and submission lodgement details can be accessed from 27 April.

The public exhibition of the Planning Proposal is being managed by the Agile Planning team of the Department of Planning and Environment who will be reviewing submissions received for the Planning Proposal prior to finalising the LEP.

Council at its meeting on 24 July 2023 resolved to adopt Amendment No. 4 to the Georges River Development Control Plan (GRDCP) 2021 pursuant to Section 3.43 of the Environmental Planning and Assessment Act 1979 and Clause 14 of the Environmental Planning and Assessment Regulation 2021.

Amendment No. 4 to the Georges River DCP 2021 contains built form and design provisions to guide the redevelopment of the site at 143 Stoney Creek Road, Beverly Hills to accompany a Planning Proposal (PP) to amend the Georges River LEP (GRLEP) 2021 to rezone the land and introduce FSR, height of building, minimum lot size controls and additional permitted uses.

Amendment No. 4 to the GRDCP will come into effect if and when the PP is finalised and the amendment to the GRLEP 2021 is gazetted. For administrative purposes, the subject amendment to the GRDCP will be numbered with a consecutive number despite being named “Amendment No. 4”. All development applications submitted before the effective date will be determined as if the subject amendment had not commenced.

On 23 October 2023, the Sydney South Planning Panel met and determined to not proceed with the Planning Proposal and to request the Minister’s delegate to determine that the matter not proceed. The Panel found that the proposal does not warrant support to proceed and should not be made, because of:

• the flood risks and uncertainty as to how those risks could be mitigated to an acceptable level;
• the increase in residential density exposes more people to risk; and
• the land is situated in a flood planning area and the Planning Proposal’s inconsistency with Section 9.1 Ministerial Direction 4.1 Flooding has not been justified when considered in accordance with the Floodplain Development Manual 2023.

A Gateway Determination alteration is to be submitted to the Department of Planning and Environment as the LPMA requesting the Planning Proposal no longer proceed.

On 24 March 2024 the Department has advised that it is satisfied that relevant matters have been adequately addressed and in its draft determination, recommended the amendment to Georges River LEP (GRLEP) 2021 be made and the rezoning can proceed.