Planning authorities at loggerheads over an apartment upzoning in Sydney’s northwest

Written by

Charbel Abousleiman
Urban Planning Lawyer & Buyers Agent

18/12/2023

A planning proposal to improve the planning controls of an amalgamated in Baulkham Hill is before the State’s planning department for gateway assessment.

Located at 10 – 16 Seven Hills Road in Baulkham Hills, the 3919 square metre site is developed with 4 x detached residential dwellings. It is currently constrained by a tiny 16-metre height limit and no FSR control, which would yield circa 40 – 50 apartments.

Initially, the proponent sought to improve the site’s planning controls to allow for circa 90 apartments but in the latest iteration is now seeking an improved height limit in part to 25-metres and a 1.69:1 FSR. This will permit 66 apartments.

Varying opinions on the strategic merit of the traffic and transport issues have been considered by council, the local planning panel, the planning department and the proponent. Council considers the proposal is inconsistent with the local strategic planning statement objective to discourage residential uplift in Baulkham Hills town centre until the traffic issues on the Windsor Road and Old Northern Road are resolved.

The planning department however notes that the local strategic planning statement does not define the boundary of Baulkham Hills town centre and is of the view that the proposal is generally consistent with the housing priorities. Restricting uplift in the town centre until these traffic issues are resolved could effectively restrict uplift in the centre indefinitely, which is contrary to the objectives of various strategic plans seeking to deliver additional and well-located housing.

Grove Square in Baulkham Hills, located less than 200 metres from the subject site  

Baulkham Hills is notorious for having onerous apartment requirements, which explains the sheer amount of undeveloped R4 zoned sites within proximity to the town centre. Excess apartment floor plates are required and onerous setbacks, rendering it uneconomic to develop apartments under the existing planning framework. Hence the proponent’s planning proposal will offer a pathway forward for development of a conveniently and well-located site in Baulkham Hills town centre.

Dyldam’s development at 4 Seven Hills Road is a street wall development that sits 15 storeys high on the corner of Windsor and Seven Hills roads. This project sets up a 3-4 storey podium level and sets a precedent for a busy intersection. Increased development along the street edge will allow for a more open approach behind the buildings, which creates opportunities for quality roof-top communal open space or recreation areas at the lower podium levels.

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