January 2023 Update
The Department of Planning and Environment informed the Council in January 2023 that Council no longer had the delegated power as local planning authority to assess and determine proposed amendments to the Homebush Bay West DCP. As a result, the assessment and determination of the Block H proposal and any amendment submitted will now be carried out by the Department.
September 2022 Update
The Proposed Homebush Bay West Development Control Plan Amendment and draft Planning Agreement for Block H, Precinct B, 16 Burroway Road and part 5 Footbridge Boulevard, Wentworth Point was considered by Council at its meeting on 12 September 2022.
The report and the meeting’s minutes are available to view on Council’s website. The report for item 13.4 commences on page 216. The minutes for item 13.4 commence on page 17. A video recording of the 12 September 2022 Council Meeting is available to view here.
The Council resolved the following:
(a) That Council note the outcomes of the public exhibition for the proposed amendment to the Homebush Bay West Development Control Plan (DCP) and Planning Agreement for Block H, Precinct B, 16 Burroway Road and part 5 Footbridge Boulevard, Wentworth Point.
(b) That Council note the applicant has supplied an outline of a revised scheme that seeks to address concerns with the exhibited proposal.
(c) That Council note further information is required to support the consideration of the alternative scheme including:
- A detailed planning report identifying the impacts of the changes included in the revised scheme compared to the exhibited proposal;
- A comprehensive urban design report providing an analysis of context, view sharing, overshadowing, solar access and other relevant matters;
- Draft DCP Amendment reflective of the revised scheme;
- Technical reports that update material submitted with the exhibited proposal addressing:
- Transport, traffic, parking and access
- Open space/active recreation opportunities
- Community facilities
- Other supporting infrastructure needs
- Any associated updates to the proposed Planning Agreement.
(d) Further, that Council request the applicant submits the additional information for the revised scheme, as noted in order that a report on the revised scheme can be made to Council to enable its consideration of the revised scheme for the purposes of public exhibition.
A rescission motion to rescind the above resolution (adopted at the 12 September Council Meeting) was considered by Council at its meeting on the 26 September. The rescission motion was lost.
Frequently asked questions
A development control plan, or DCP, gives guidance to development and normally supports the aims and objectives of a Local Environmental Plan (LEP). They provide detailed controls and standards for addressing development issues at a local level and cover various development types, including residential, commercial and industrial.
A consent authority, such as a Council, is required to take a DCP into consideration when determining a development application.
Under the current planning framework, the planning controls for the “Block H” site enforced by the Homebush Bay West DCP. Usually, a DCP is complementary to an LEP which provides the legislative planning controls such as building heights. However, the Homebush Bay West DCP is unique in that the planning controls are linked to .
What is a State Environmental Planning Policy (SEPP) and what makes it different from a Local Environmental Plan (LEP)?
A Local Environmental Plan (LEP) is a local government endorsed plan which gives effect to planning controls within a particular local government area.
Both SEPPs and LEPs have legislative weight, however, SEPPs override LEPs. Because the Homebush Bay area SEPP applies to the Block H site, it replaces the need for an LEP and also gives greater legislative control to the DCP. This is why the proposed changes to the planning controls are being made as part of a DCP amendment and not an LEP amendment via Planning Proposal, which is more common.
A voluntary planning agreement, or VPA, are legal documents created under the Environmental Planning & Assessment Act 1979 between developers and government agencies for the provision of infrastructure or other public amenities. A VPA enables the opportunity for councils to negotiate much needed community facilities and infrastructure which could not be obtained through a development contributions plan. In this regard, VPAs are a more flexible mechanism to fund or deliver infrastructure in a timely manner.