EMERTON VILLAGE SHOPPING CENTRE - 32-40 Jersey Road, Emerton Statement of Environmental Effects - July 2020

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EMERTON VILLAGE SHOPPING CENTRE - 32-40 Jersey Road, Emerton Statement of Environmental Effects - July 2020
EMERTON VILLAGE
SHOPPING CENTRE
32-40 Jersey Road,
Emerton
Statement of Environmental Effects – July 2020

                                        MODURBAN.COM.AU
EMERTON VILLAGE SHOPPING CENTRE - 32-40 Jersey Road, Emerton Statement of Environmental Effects - July 2020
CONTENTS
    CONTENTS _______________________________________________________________ 1
      Introduction ______________________________________________________________________________ 1
      Site Analysis _____________________________________________________________________________ 2
      Proposed Development _____________________________________________________________________ 5
      Legislative framework ______________________________________________________________________ 7
      Likely Impacts of Development ______________________________________________________________ 12
      Conclusion _____________________________________________________________________________ 14

    Appendix A – Existing Survey Plan

    Appendix B – Proposed Subdivision Plans

    Appendix C – Cost of Works

    Appendix D – Traffic Letter

    Prepared by Matthew O’Donnell – modonnell@modurban.com.au or 0417 024997

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EMERTON VILLAGE SHOPPING CENTRE - 32-40 Jersey Road, Emerton Statement of Environmental Effects - July 2020
INTRODUCTION
1. Overview

This Statement of Environmental Effects has been prepared by Mod Urban Pty Ltd to support a development
application on behalf of Fabcot Pty Ltd (the applicant) and relates to the proposed subdivision of Lot 226 in
DP571965 and Lot 100 in DP634533 into two new lots at 32-40 Jersey Road, Emerton (the site).

The planning assessment contained within this SEE demonstrates that the proposal is consistent with
relevant State and local environmental planning instruments, including the principal instrument applying to
the site being Blacktown Local Environment Plan 2015. The proposal is generally compliant with the
provisions of Blacktown Development Control Plan 2015. Where variations to controls are proposed,
justification is provided to demonstrate that the proposal satisfies the intent of those controls.

The proposed new subdivision plan will rationalise the internal configuration and provide opportunity for a
new commercial lot to be created separate from the Emerton Village Shopping Centre to complement the
existing centre, that would likely be subject to further development.

The site is zoned Zone B2 Local Centre under the Blacktown Local Environmental Plan 2015. The site is
also located within the Blacktown Local Government Area.

This SEE provides an assessment of the proposal against the relevant matters for consideration under
Section 4.15 of the Environmental Planning and Assessment Act 1979 and the Environmental Planning and
Assessment Regulations 2000 (as amended).

                                                                           32-40 JERSEY ROAD, EMERTON 1
SITE ANALYSIS
2. The Subject Site

The site is located at 32 and 40 Jersey Road, Emerton and is legally described as Lot 226 in DP571965 and
Lot 100 in DP634533.

2.1 Site Details

•   The site is located in the suburb of Emerton in the Blacktown local government area (LGA);
•   The site is located within a small, contained local centre known as Emerton Village Shopping Centre;
•   The site is an irregular shape with a 95.095m frontage to Jersey Road and a 312.83m frontage to
    Bunting Street with a combined area of 22,332sq.m. The detailed site survey at Appendix A indicates all
    boundary dimensions and lot areas;
•   The site is relatively level with a notional fall from the southern end of the property to Jersey Road. Spot
    levels are indicated on the site survey plan set to demonstrate site topography;
•   The site contains a number of existing trees;
•   An easement to drain water traverses the site (generally along the western portion of the site beneath
    the car park). Existing drainage infrastructure carries water from the catchment area to the south and
    through the site, discharging beneath Jersey Road to the open concreate channel to the north.
•   There are three vehicular entry points situated on Bunting Road.
The site is identified in Figure 1 of this SEE.

Figure 1: The site

                                                                             32-40 JERSEY ROAD, EMERTON 2
2.2 Restrictions on Title

Lot 100 in DP 571965 (40 Jersey Road) is burdened by a number of easements and covenants as described
in the Table below. The location of the easements is identified on the survey plan at Appendix A.

    Instrument                         Description                            Benefits

    DP562012                           A 12.19m wide easement to drain        Blacktown City Council
                                       water affects an eastern area of
                                       the site comprising car parking.

    Q122079                            A 1m wide easement for                 Not Stated
                                       electricity purposes affects part of
                                       the site. This easement runs from
                                       Jersey Road to a substation
                                       located within the centre of the
                                       site.

    Q170774                            A 3m wide easement for drainage        Blacktown City Council
                                       runs to Bunting Street, in the
                                       eastern area of the site
                                       comprising car parking.

    DP634533                           A 12.2m wide easement to drain         Blacktown City Council
                                       water affects a southern area of
                                       the site comprising car parking.

    DP634533                           Easement to drain water variable       Blacktown City Council
                                       width.

    DP636588                           A 3.66m wide right of footway          Blacktown City Council
                                       from Bunting Street. This is
                                       located to the south of the site
                                       and provides public access from
                                       Bunting Street to Popendetta
                                       Road, via the site.

    W553700                             Easement for electricity              Not stated.
                                        purposes.

2.3 Site Surrounds

•     The site is 45km west of the Sydney CBD and is in relatively close proximity to the Parramatta CBD
      (25km east of the site) and Blacktown Strategic Centre (12km east of the site);
•     Beyond the local centre are a number of community facilities including local primary and secondary
      schools, as well as public recreational facilities and open spaces. Land beyond the local centre is
      generally zoned for residential purposes and contains a combination of low and medium scale residential
      land uses.

                                                                              32-40 JERSEY ROAD, EMERTON 3
•   The site is within walking distances of nearby bus stops that service the surrounding suburbs; and
•   The site is accessible by road to the surrounding suburbs and greater Sydney region.

                                                                          32-40 JERSEY ROAD, EMERTON 4
PROPOSED DEVELOPMENT
3. Overview

The proposal seeks consent to amalgamate Lot 226 in DP571965 and Lot 100 in DP634533 and creation of
two new lots at 32-40 Jersey Road, Emerton. Any future development for the site will be subject to a future
DA, including for use and built form.

The proposed plans of subdivision are included at Appendix B.

All existing easements are to remain as shown on the proposed plans of subdivision included at Appendix B.

Proposed Lot 1
•     Proposed Lot 1 will have an area of 2.128ha;
•     Proposed Lot 1 will have a frontage to Jersey Road of 95.09m;
•     Proposed Lot 1 will have a frontage to Bunting Street of 220.45m;
Proposed Lot 1 will have the following existing easements remain:
    Instrument                         Description                            Benefits

    DP562012                           A 12.19m wide easement to drain        Blacktown City Council
                                       water affects an eastern area of
                                       the site comprising car parking.

    Q122079                            A 1m wide easement for                 Not Stated
                                       electricity purposes affects part of
                                       the site. This easement runs from
                                       Jersey Road to a substation
                                       located within the centre of the
                                       site.

    Q170774                            A 3m wide easement for drainage        Blacktown City Council
                                       runs to Bunting Street, in the
                                       eastern area of the site
                                       comprising car parking.

    DP634533                           Easement to drain water variable       Blacktown City Council
                                       width.

    DP636588                           A 3.66m wide right of footway          Blacktown City Council
                                       from Bunting Street. This is
                                       located to the south of the site
                                       and provides public access from
                                       Bunting Street to Popendetta
                                       Road, via the site.

    W553700                             Easement for electricity              Not stated.
                                        purposes.

                                                                              32-40 JERSEY ROAD, EMERTON 5
Proposed Lot 2

•     Proposed Lot 1 will have an area of 1050m2;
•     Proposed Lot 1 will have a frontage to Bunting Street of 43.91m;
Proposed Lot 2 will have the following existing easements remain:
    Instrument                         Description                        Benefits

    DP634533                           A 12.2m wide easement to drain     Blacktown City Council
                                       water affects a southern area of
                                       the site comprising car parking.

Figure 2: Proposed draft Plan of Subdivision

                                                                          32-40 JERSEY ROAD, EMERTON 6
LEGISLATIVE FRAMEWORK
4. Overview

This Part of the SEE assesses and responds to the legislative and policy requirements for the project in
accordance with the Environmental Planning and Assessment Act 1979 (EP&A Act).

The following current and draft State, Regional and Local planning controls and policies have been
considered in the preparation of this application:

State Planning Context

•     Environmental Planning and Assessment Act 1979
•     Sydney Regional Environmental Plan No 20 – Hawkesbury-Nepean River (SREP 20)
Local Planning Context

•     Blacktown Local Environmental Plan 2015 (SLEP)
•     Blacktown Development Control Plan 2015 (BDCP)

This planning framework is considered in detail in the following sections.

4.1 Environmental Planning and Assessment Act 1979
Section 4.15 of the Environmental Planning and Assessment Act 1979, requires that in determining a
development application, a consent authority is to take into consideration the following matters as are of
relevance to the development:

    Section 4.15 Matters for             Comment
        Consideration
        (a) the provisions of:           See relevant sections of this report.
        (i) any environmental
        planning instrument, and

        (ii) any proposed instrument     Nil
        that is or has been the
        subject of public consultation
        under this Act and that has
        been notified to the consent
        authority (unless the
        Director-General has notified
        the consent authority that the
        making of the proposed
        instrument has been
        deferred indefinitely or has
        not been approved), and

    (iii) any development control        The proposal generally satisfies the objectives and controls of the
          plan, and                      Blacktown DCP 2015. See table below and where necessary key
                                         issues section of this report.

                                                                                 32-40 JERSEY ROAD, EMERTON 7
Section 4.15 Matters for              Comment
        Consideration
 (iiia)     any planning agreement     Not applicable
        that has been entered into
        under section 7.4, or any
        draft planning agreement
        that a developer has offered
        to enter into under section
        7.4, and

 (iv) the regulations (to the extent   The relevant clauses of the Regulations have been satisfied.
      that they prescribe matters
      for the purposes of this
      paragraph), and

 (b) the likely impacts of that        The environmental impacts of the proposed development on the
     development, including            natural and built environment have been addressed in this report.
     environmental impacts on
     both the natural and built        The proposal will not result in detrimental social or economic impacts
     environments, and social and      on the locality.
     economic impacts in the
     locality,

 (c) the suitability of the site for   The proposed development is suitable for the site.
     the development,

 (d) any submissions made in           No submissions have been raised at this stage, and the applicant
     accordance with this Act or       has notified each adjoining neighbor of this proposal.
     the regulations,

 (e) the public interest.              The proposal is in the public interest as it maintains the approved use
                                       of the site and provides a service use to the community, and will not
                                       impact upon the streetscape character and not result in detrimental
                                       amenity impacts to neighbours.

4.2 Sydney Regional Environmental Plan No 20 – Hawkesbury-Nepean River

Sydney Regional Environmental Plan No 20 – Hawkesbury-Nepean River (SREP 20) aims to protect the
environment of the Hawkesbury-Nepean River system by ensuring that the impacts of future land uses are
considered in a regional context.

Clauses 5 and 6 of SREP 20 set out general planning considerations, as well as specific planning policies
and related recommended strategies in relation to development that occurs within the Hawkesbury-Nepean
River catchment area. The consent authority must take these planning considerations and specific policies
and strategies into consideration when determining an application to carry out development.

The subject site is within the Hawkesbury-Nepean River catchment and therefore is subject to the provisions
of SREP 20. The proposal is consistent with the specific planning policies and planning strategies that

                                                                            32-40 JERSEY ROAD, EMERTON 8
prescribed by SREP 20 and are relevant to the proposal. The proposed subdivision will not impact upon the
environs of the Hawkesbury-Nepean River system.

4.3 Blacktown Local Environmental Plan 2015

The Blacktown Local Environmental Plan 2015 (BLEP2015) was prepared to meet new State Government
guidelines for local planning documents.

The relevant provisions of BLEP2015 as they relate to the subject site are considered below.

Permissibility

The subject site is located in the B2 Local Centre Zone pursuant to the Blacktown Local Environmental Plan
2015 (BLEP2015).

Figure 3: Existing Zoning BLEP 2015

The objectives of the B2 Local Centre Zone are as follows:

•   To provide a range of retail, business, entertainment and community uses that serve the needs of people
    who live in, work in and visit the local area.
•   To encourage employment opportunities in accessible locations.
•   To maximise public transport patronage and encourage walking and cycling.
•   To encourage the development of an active local centre that is commensurate with the nature of the
    surrounding area..

                                                                          32-40 JERSEY ROAD, EMERTON 9
The proposal is consistent with the objectives of the B2 zone as the continued use of the site for commercial
uses meets the objectives of the zone.

Clause 4.1 Minimum Subdivision lot size

There is no minimum subdivision provision for the site.

Clause 4.3 Height of Buildings

The proposal does not result in the increase in height of the building.

Clause 4.4 and 6.4 Floor Space Ratio

The proposal does not result in additional gross floor area.

Heritage Conservation

The subject site is not identified as an item of environmental heritage nor is it located within a heritage
conservation area.

Preservation of Trees

The proposal does not result in the loss of trees, and therefore the application is not required to address
Clause 5.8 of BLEP.

Clause 7.5 Essential Services

The proposed resulting two lots from the proposed subdivision are capable of being serviced with the
following independently.

(a) the supply of water,

(b) the supply of electricity,

(c) the disposal and management of sewage,

(d) stormwater drainage or on-site conservation,

(e) suitable vehicular access.

4.4 Draft Environmental Planning Instruments

No draft Environmental Planning Instruments apply to the subject site.

4.5 Blacktown Development Control Plan 2015

The Blacktown Development Control Plan 2015 (the BDCP) relates to the proposed development. The
following table addresses the relevant controls of the DCP, and the proposals compliance with the control.

                                                                             32-40 JERSEY ROAD, EMERTON 10
Blacktown DCP 2015 Control              Compliance   Comment
                                        Y/N
Part B – General Requirements

Cl 4.3 Tree Preservation                Y            The proposal does not result in the loss of any
                                                     trees on site.

Cl 7.1 Water                            Y            The future development of either new lot will
                                                     be able connect to existing water service
                                                     infrastructure on site.

Cl 7.2 Sewerage                         Y            The future development of either new lot will
                                                     be able to connect to existing sewerage
                                                     service infrastructure on site.

Cl 7.3 Electricity                      Y            The future development of either new lot will
                                                     be able to connect to existing electricity
                                                     infrastructure on site.

Part D Development in Business Zones

Cl 4.1 Amalgamation and                 Yes          The use of the site is unchanged and the
subdivision                                          overall hierarchy of retail across the
Objectives                                           Blacktown LGA will not be affected by the
(1) To ensure coherent                               proposed subdivision.
redevelopment of the town centre
and avoid isolation of smaller land                  The site is currently undergoing its own
parcels.                                             redevelopment and the proposal will not
(2) To minimise the number of                        impact upon the future redevelopment of the
driveway crossings and car park                      Emerton Village Shopping Centre.
entries along a street.
                                                     Both new lots 1 and two are capable of having
Controls                                             their own vehicle access from Bunting Street
(1) Amalgamation and subdivision is                  and being serviced by necessary
to facilitate the achievement of the                 infrastructure.
relevant development outcomes
identified in Section 3.0 of this
section.
(2) An applicant is to demonstrate to
Council that, given the built form
provisions of this section, the
exclusion of an adjacent / adjoining
allotment from their site will not
adversely affect the development
potential of that allotment.

                                                                 32-40 JERSEY ROAD, EMERTON 11
LIKELY IMPACTS OF DEVELOPMENT
5. Overview

The likely environmental impacts of the proposed development that have been assessed include:

•   Context and Setting;
•   Traffic and Access;
•   Social, Environmental and Economic Impacts; and
•   Cumulative Impacts.

5.1 Context and Setting

•   An efficient subdivision layout has been proposed, which sits comfortably within the existing subdivision
    pattern of the surrounding area and is consistent with the transitional nature of the precinct.

5.2 Traffic and Access

•   A review of the proposed lot layout by CBRK is included at Appendix D, and confirms that both lots are
    capable of being access from Bunting Street from wither existing access points or new access points
    that may be subject of any future development applications.
•   The proposed lots are of a size and dimension that will enable all required parking to be contained on
    site in relation to the Emerton Village Shopping Centre.

5.3 Social, Environmental and Economic

The proposal will enable the use of the site for its intended commercial purpose whilst providing an efficient
lot layout.

The proposal will not have any adverse economic or environmental impacts.

5.4 Cumulative Impacts

No foreseeable cumulative impacts shall result from the proposed development.

5.5 The Suitability of the Site for Development

The site is currently zoned B2 Local Centre under the BLEP 2015 which permits the proposed subdivision.

The proposed subdivision pattern is also compatible with surrounding subdivision patterns.

Accordingly, the site is considered to be suitable for the development.

5.6 Any Submissions Made in Accordance with the Act

No submissions are apparent at the time of writing.

                                                                           32-40 JERSEY ROAD, EMERTON 12
5.7 The Public Interest

The proposed development will have no adverse impact on the public interest.

                                                                       32-40 JERSEY ROAD, EMERTON 13
CONCLUSION

This SEE provides an assessment of the proposal against the relevant environmental planning framework.

Having regard to all of the above matters, it is considered that the proposal for new subdivision layout
satisfies the relevant strategy, objectives and provisions of the Blacktown LEP 2015 and the Blacktown DCP
2016, and is acceptable and is recommended for approval

No adverse environmental, economic or social impacts have been identified as resulting from the proposed
development.

No additional significant adverse impacts have been identified as likely to arise from the proposed
development which has been favourably assessed against the relevant provisions of Section 4.15 of the
Environmental Planning and Assessment Act 1979.

It is therefore considered that the proposal responds to site constraints and provides a suitable development.
Accordingly, it is requested that Council grant consent to the proposal.

                                                                          32-40 JERSEY ROAD, EMERTON 14
Appendix A – Existing Survey Plan

                             32-40 JERSEY ROAD, EMERTON 15
Appendix B – Proposed Subdivision Plans

                            32-40 JERSEY ROAD, EMERTON 16
Appendix C – Cost of Works

                             32-40 JERSEY ROAD, EMERTON 17
Appendix D – Traffic Statement

                             32-40 JERSEY ROAD, EMERTON 18
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