Link to Government Information about the TOD/ Consultation Documents

Submission portal: https://www.planning.nsw.gov.au/plans-for-your-area/priority-growth-areas-and-precincts/st-leonards-and-crows-nest/crows-nest

The position of NPA – August 2024

At the August General meeting of the NPA, and following a presentation based on DPHI responses to NPA’s questions, members voted unanimously to support the following motion. We also encourage all members of the NPA/ local community to make a submission in support of these motions. Note: the concurrence can be mentioned in the current submission (concurrence being waived as proposed would mean that SSD applications in the TOD area would not have to check in with government departments during planning ie) Sydney Water, TfNSW etc).

NPA’s Submissions and Submission Guide

NPA’s Submission and the Portfolio Committee’s response to the Inquiry into the TOD can be found here: https://www.parliament.nsw.gov.au/committees/inquiries/Pages/inquiry-details.aspx?pk=3035#tab-reportsandgovernmentresponses

An updated presentation can be found here which contains brief points you might like to make in your submission:https://naremburnprogress.org.au/wp-content/uploads/2024/08/Copy-of-August-2024-GM.pptx.pdf

A copy of North Sydney Council’s Submission can be found here: https://www.northsydney.nsw.gov.au/ecm/download/document-11178692

A copy of Willoughby Council’s Draft Submission can be found here: https://www.willoughby.nsw.gov.au/files/assets/public/v/1/documents/meeting-documents-agendas-and-minutes-meeting-reports-statements-of-determinations-registers/late-attachment-12.7-tod-submission.pdf

Please note that whilst much of the background is helpful we do not agree with North Sydney or Willoughby Council that 4B Herbert St should be developed for non-hospital purposes. Even a 30% Key Worker housing ratio which North Sydney Proposes makes insufficient use of very scarce public land in the area. We need to be planning ahead and ensuring our infrastructure can keep pace with growth.

Background – Information provided by NPA during consultation

Below we have provided you with some guidance – please note that it is based on the best information we have to date and we highly recommend attending consultations yourself to find out more and assess the specific impacts to you.

There are three key aspects to the TOD that are important to understand. These can be categorised as:

  1. State-led Re-zoning – a subsection of the TOD called a “focus for accelerated rezoning” has been selected to be the subject of State-led rezoning around the Crows Nest Metro Station – most of these sites are in Crows Nest and St Leonards – one site is within the RNSH Precinct (land currently zoned SP2- Industrial (hospital) and proposes a 62 storey tower with re-zoning for special purposes including residential and commercial use. Consultation around these specific sites and their implications (Called the Crows Nest TOD Rezoning)- is open until the 16th August (extended to the 30th August) and consultation sessions will be held online on the 30th July and In Person the 1st and 6th August. You will need to register for these sessions here: https://www.nsw.gov.au/have-your-say/crows-nest-tod-rezoning-proposal. Tip: to view the documents look at the Statement of Intended Effect and click down on the “Documents” tab. The RNSH Development known as 4B Herbert St and details are within the last three documents attached.
  2. Developer-led Development and State Approval: Consultation is currently open until the 9th August (extended to the 23rd August) on changes which will make it easier for developers to develop within the TOD Precinct Boundary under a State Significant Pathway which takes decision making out of the hands of Council. The Proposed Pathway Changes can be found here. We understand but need to confirm that this change will be applied to the wider (black lined) TOD Precinct Boundary area which includes Naremburn, Artarmon and St Leonards (RNSH precinct). The specific planning controls to be applied within the TOD are not clearly set out in the consultation this is about the provision of an easier pathway for developers to follow based on the rules that apply to a particular zone or land parcel. Our main concerns with the proposed pathway are where it will be applied and the need to retain concurrence (ie for the development to be checked/ approved by other departments) with Sydney Water, TfNSW and Dep’t of Education if a new school is not provided in close proximity. Implications regarding this proposed change are outlined here: https://www.lindsaytaylorlawyers.com.au/in_focus/exhibition-of-changes-proposed-to-streamline-development-assessment-in-tod-accelerated-precincts/
  3. Council led re-zoning and development approval: the State Government have said that Councils will be the approval authority over low and mid-rise development within the TOD Precincts. They state that a Master Planning process is underway to review the TOD Precinct and propose any changes to zoning. Given that Willoughby Council undertook re-zoning prior to the TOD there may be less change than for other council areas but this is not yet confirmed. Council have stated they are advocating against changes to heritage conservation areas however the State Government have stated development within the heritage conservation areas within the TOD can’t be refused on heritage grounds alone. Under FAQ’s the State Government say that the TOD policy will apply to heritage conservation areas but that applications will continue to be assessed by council with any new developments needing to “improve and enhance the heritage values of that area”. This is an extremely vague statement from a planning control point of view and needs to be clarified – it would also represent a significant change to the way conservation areas inside the TOD are assessed. Other controls are unknown. The specific controls for Tier 2 TOD requirements set out here and may give us an indication of what could be applied.This needs much greater clarity for residents as it is very difficult to assess potential impacts to give valuable feedback. Our concern here is the potential for developers to consolidate lots and apply point 2 which takes the assessment outside councils remit.
  4. This map (Crows Nest TOD Design Guide) shows the different sections within the TOD Precinct Boundary red line ie industrial, hospital, conservation etc

Definitions to assist:

TOD = Transport Oriented Development

TOD Precinct/ TOD Accelerated Precinct = one of 8 areas within 1.2kms of a new Metro station selected for intensified development. The radius is not measured by metres but specified for each area within this zone.

TOD Precinct Boundary = the black perimeter line on TOD maps

TOD Focus for Accelerated Re-zoning = an area within the TOD Precinct Boundary nominated for state-led re-zoning at particular sites

Proposed Pathway Changes = a suite of changes proposed to support the TOD and simplify the approval process for major developments

Statement of Intended Effect = the document for each change on consultation that best describes the outcome expected from the proposed change to the planning system

Design Guide = the guide that developers will need to follow when designing a particular type of higher density build in an area

Q&A

There are many questions that need to be answered during consultation including:

  1. What is the total density uplift expected in the Crows Nest TOD Precinct Area including the 2036 Plan and the wider TOD Precinct Boundary – considering all proposed state led, developer led and council led rezoning and development?
  2. What is the overall target for each LGA within the Crows Nest TOD boundary ie for Willoughby LGA?
  3. One of Naremburn’s Conservation areas is within the TOD boundary and one is outside – will two different sets of planning controls be applied to these areas? What will the FSR’s, heights and other conditions be? Will we be consulted on any changes to this criteria?
  4. The FAQ’s say that the Mid and Low Rise Density changes will be switched off within the TOD boundary – will the TOD have it’s own set of non-refusal standards imposed by the State Government?
  5. Will developers be permitted to consolidate lots in the Conservation Zone, R2 or R3 zones within the TOD?
  6. What is the affordable housing ratio for the proposed RNSH 62 storey development/ how will the government guarantee key worker housing if it does go ahead?
  7. How will amenity factors such as privacy, sunlight, and traffic to the surrounding area be managed?
  8. Are DPHI aware of the changes to the Freeway on and off ramps and the well documented traffic implications? Has this been assessed as part of the traffic study?
  9. Where will new schools be located in close proximity to support the idea of transport oriented development as opposed to parents getting into cars to take children to schools outside the TOD creating more traffic pressure (noting Naremburn Special School has been assessed as being a supporting school for the TOD)?
  10. What specific investment is being made in parks and sporting facilities (noting that most of the parks identified as supporting the TOD are in Willoughby LGA)?
  11. Will critical active transport links to the Gore Hill Cycleway, West St Cycleway and Artarmon Cycleway be made to reach the Metro to encourage cycling use? Will connections to local schools and community facilities be made?
  12. What is being done to bolster the stormwater and sewage systems given that a majority of the flows head into Willoughby and particularly via Naremburn which is already suffering from flood and very large overflow events?
  13. Are further changes to zoning in the Artarmon Industrial Area envisioned. If so what changes?
  14. Are further changes to zoning in the RNSH Hospital Precinct envisioned? If so what changes?
  15. Are further changes to the zoning in the Naremburn and Crows Nest Conservation Area envisioned? If so what changes?
  16. R2 Density changes have been implemented but conservation areas are excluded from dual occupancy in Willoughby. Will this change?
  17. What is council’s position on the above given that recent motions to write to the Minister regarding these concerns have not passed. Are council in favour of developing public land at the hospital and what is councils position regarding master planning?

Feel free to add your own question below and we will try to get that answered.