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 MODURBAN.COM.AU
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 MODURBAN.COM.AU Copyright disclaimer © 2020 This document contains material protected under copyright and intellectual property laws and is to be used only by and for the intended client. Any unauthorised reprint or use of this material beyond the purpose for which it was created is prohibited. No part of this work may be copied, reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system without express written permission from Mod Urban Pty Ltd. .
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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