Pittwater's objections struck down, Meriton Warriewood development starts selling

Pittwater's objections struck down, Meriton Warriewood development starts selling
Jonathan ChancellorOctober 5, 2011

Meriton Apartments has commenced the marketing of the initial Oceanvale offering on its eight-hectare $276 million Warriewood estate. The first stage comprises 226 apartments.

Its comes just three weeks after Pittwater Council failed in its bid to stall Meriton’s approval, which was given earlier this year by the NSW Planning and Assessment Commission (PAC).

Prices start at $425,000 for one-bedroom units, two-bedroom units from $545,000 and three-bedroom units from $640,000.

The display centre is open at the corner of Macpherson Street and Boondah Road.

The Land and Environment Court ruled last month the 450-apartment project on Sydney’s northern beaches could proceed given it accorded with the state government’s policies as laid out in the north east subregional strategy, which refers to a target of 4,600 new dwellings in the Pittwater local government area to be constructed by 2031.

The PAC decision in January noted there was a need to increase housing stock in metropolitan Sydney and in each subregion to meet housing demand from a growing population and changing household requirements.

The PAC says it took its lead from the state government’s 2010 Metro Strategy and approved a concept plan limiting building height generally to three storeys and development densities to a maximum of 60 dwellings per hectare.

It notes the proposed height is considered compatible with surrounding streetscape and the density is sustainable given the location.

The PAC strongly recommended that the council and the Department of Planning work together to jointly prepare a comprehensive strategic study of the whole Warriewood Valley.

“In the absence of such a study and in order not to unreasonably delay a determination of the applications in considering the merits of the project, the PAC takes its lead from the Metro Strategy as guiding its conclusions regarding the appropriate development density and height at the site,” the court judgement notes.

The PAC considered that a three-storey limit was appropriate, with a fourth storey on certain buildings in the centre of the eight-hectare site.

The project application for stage 1 was also approved subject to the modified concept plan and conditions.

The council submitted there was a requirement for certainty in relation to the determination of concept plans.

Meriton had sought approval for residential development at a density of 75 dwellings per hectare and building heights of variously three, four and five storeys.

The most recent council strategic report – the Warriewood Valley planning framework 2010 – recommended 25 dwellings per hectare.

Under the council local environment plan the site is identified has permitted to have a density of 17 to 18 dwellings per hectare. The development control plan specifies a building height of two to three storeys for the site.

Residents have claimed any 19-metre-high, five-storey development would be the tallest approved on the peninsula since the council was formed almost two decades ago.

The site determination by the PAC followed the procedural state government’s Part 3A planning law that removed council control over the assessment process.

Pittwater Council list the site’s history as August 2009, when under Part 3A of the Environmental Planning & Assessment Act 1979 , a major project was declared at 14-18 Boondah Road, Warriewood.

Under part 3A, the Minister for Planning was the consent authority, rather than Pittwater Council, however the minister delegated determining authority to the Planning Assessment Commission. The council made a submission on the Environmental Assessment and a submission on the preferred project report objecting to the major project application.

On January 18, 2011 the PAC approved a concept plan and project approval for stage 1 works, subject to modifications limiting the number of building storeys and the development density. The concept approval stated that all future stages of the development are to be lodged with and assessed by council.

Information relating to the major project application and the PAC's report may be viewed via the Department of Planning & Infrastructure website.

A development application for stage 2 of the concept plan was lodged with council on April 15, 2011 (N0125/11). This application has now been withdrawn by the applicant.

Pittwater Council appealed the PAC's decision in the Land and Environment Court. The judgment was handed down on September 12, 2011, dismissing the council's appeal.

The concept plan and stage 1 of the development, approved by the PAC, remain valid consents.

Jonathan Chancellor

Jonathan Chancellor is one of Australia's most respected property journalists, having been at the top of the game since the early 1980s. Jonathan co-founded the property industry website Property Observer and has written for national and international publications.

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