Mowbray Road Data Centre

This objection submission focuses aspects of the ‘Clause 4.6 Variation Request to Clause 4.3 of LCLEP2009 by Willowtree Planning on behalf of Microsoft.
The key issue of Microsoft’s proposal is not whether they can seek the variation, but whether the variation should be accepted on merit.

The writer’s position is that the variation is not sufficiently justified by the proponent nor is there sufficient merit demonstrated to vastly exceed statutory planning controls.
The ‘thresholds that must be met’ do not seem to be met at all & only weak justification or ambit claims made. The proposal does not meet the objectives to the extent claimed for the variation to be valid & therefore Microsoft’s proposal should not be approved.

Additional concerns:
- The proposed height is not allowed under the LEP, which is a statutory/legal instrument. Microsoft have not proven a net public benefit (Vs impacts) & outcome that is superior to the statutory standard.
- The bulk & scale is completely out of context with the local area. There is no precedent for a data centre of this size in such close proximity to low rise residential area. The impact is unwarranted.
- The proposed job outcome for the overall site is poor in comparison to light industrial & other employment zoned lands in the Northern Districts & other Districts. Microsoft have not proven otherwise & additional jobs created above the height control is minimal. Using increased employment is a very weak justification to apply the variation clause.
- Microsoft knew the site constraints (e.g. lane cove tunnel = somewhat limited excavation) & planning constraints (I.e. LEP) when they bought the site. The fact that they can’t fit their known requirement within the known allowable building envelope should be their problem & not a problem that is solved by allowing undue impacts on nearby residents & general public.

Specific responses to the variation request report are provided in Appendix A of the attached.

I strongly object to the proposal. I appreciate the opportunity to make a submission & voice concerns of proposed impacts on the public.

To whom it may concern,

The Mowbray Road Data Centre proposal is completely out of keeping with the local area of existing low-rise light commercial and residential dwellings. The sheer disparity with the current local neighbourhood and huge visual blight of the out-of-place building are among the reasons the proposal should be rejected.

The building's height will be substantially above all nearby structures - a very imposing structure in an area with a current maximum height of a couple two storeys above street level.
The planned tree screen - as clearly illustrated in the EIS - will not sufficiently hide the structure. This is especially true due to how close the proposed structure is to the street and therefore how much it "looms" over the road. The building towers far above the tree screen.

What's more, because of its specific nature as a closed data centre, rather than a normal commercial business, it means that that the building space will not contribute back to the local community. Previous businesses at the site could be approached and were known to sponsor and contribute to the nearby school community. This is unlikely to occur at a data centre building - which by their secure nature are excluding spaces. A dead space to the community.

Additionally a structure which takes up a large amount of space but has comparatively few employees will also negatively impact the viability of the local shops and cafes/restaurants along Mowbray Road which derive much of their livelihood from employees from nearby businesses.

The building will irreversibly change the visual and human character of the surrounding local neighbourhood. There are many existing commercial areas where such a large installation would be far better suited and in keeping with the local area. Mowbray Road is not one of them. Please reject the development proposal.

Yours faithfully,
Sir Robert Fairlie-Cuninghame, Bt.

I have provided a cover sheet to keep my address (apartment number) private

I object to the project, with reasons including:
1. The building height significantly exceeds the maximum allowable building height, and will dwarf surrounding buildings. Should the proposed height be allowed, it will set a dangerous precedent for the surrounding lots, with single-story residential across the road.
2. Subsequently, the proposed landscape changes - removal of mature trees and limited replanting - will only increase the visual pollution of the tall building.
3. The building is located in a high risk bushfire zone, only being a short distance away from the Lane Cove National Parks. The use of large diesel tanks for the generators in case of power outage causes significant safety risk to the community and nearby residents.

Objection from the LCNE Village to the proposed Data Centre at 706 Mowbray Road

The construction of the project will be very disruptive to the residents of the Lane Cove North estate. My children walk from the LCNE Village to the bus stop daily on Mowbray Road and walking along the entire frontage of 706 Mowbray Road.

Construction Traffic
The twin junctions of Mowbray Road West and Mowbray Road, and Mowbray Road West and Taylors Drive are overlooked in the Traffic and Transport Assessment Report. These intersections carry frequent traffic, including to and from the LCNE Village, as well as heavy vehicles entering and leaving the NUSS warehouse.
The three significant aspects of these intersections are:
1. These form the only exit from LCNE Village for traffic heading east on Mowbray Road. The Village has only one other exit, and that does not allow traffic to turn right (east). When construction activities block the junction of Mowbray Road West and Mowbray Road, and traffic departing from the Village will be forced onto Epping Road, a limited access road, which is several kilometres from the desired destination.
2. Today, before construction commences, these intersections are occasionally blocked to accommodate the complex manoeuvring required for large trucks and semis entering and leaving the NUSS warehouse.
3. Many pedestrians cross Mowbray Road West here, as there is no alternative.

A construction contractor will have little choice but to significantly increase the traffic intensity and the frequency of large trucks and semis entering and exiting through these twin junctions, and will many times block them. This will result in traffic challenges for the residents of LCNE.

Data Centre Traffic - Permanent
The Traffic and Parking Impact Assessment at Appendix 11 indicates that the site will provide for 30 carparking spaces which relate to the Data Centre. The additional 12 spaces will be dedicated to the adjoining childcare centre to honour past arrangements between previous owners (supported by DA110/2022 which is currently being assessed). The required parking spaces for the site as per DCP requirements is 61 car spaces which demonstrates a shortfall of 31 spaces.
Contrary to the directions of the Planning Panel relating to the Demolition Works DA170/2021, whereby the eastern access point (No.1) was identified as the primary access to the site during demolition and construction, the SSD states that ‘during operation, the majority of the vehicles will be accessed from the western entrance (along Mowbray West Road West) with the other entry to the east (along Mowbray Road) being reserved for emergency vehicles’. This is contrary to the express intent being to minimise traffic on Mowbray Road West and to mitigate the potential congestion impact at the intersection of Taylors Drive and the right hand turn onto Mowbray Road. The SSD proposal is unacceptable.
The report states that the overall traffic generation during construction and operation will produce less vehicle trips than the existing use onsite. We disagree.

Environmental Issues
The proposed Data Centre is a significant development in scale that will have a 2-year demolition and construction period. The potential impacts on the local community are considerable and appropriate mitigation provisions need to be duly considered in the DEP review of the SSD and in the preparation of future Consent Conditions.
The LCNE Village requests,
• That Dilapidation Reports are prepared for 2-6 Taylors Drive Apartment Buildings, by an independent specialist at the cost of the proponent, to provide a baseline condition report prior to proposed rock excavation works. Ground vibration is a legitimate concern of the LCNE Village.
• That noise and air quality monitors be installed at 2-6 Taylors Drive Apartment Buildings for the duration of the demolition and construction phases, with results presented to the LCNE Village monthly.

I object to this development
I have attached details of my objection.

WE strongly to this proposed Mowbray Road Data centre for reasons as stipulated in appendices A & B below.

I found the traffic in Mowbray road has almost reached the capacity as so many appartments have been built in recent year. It would be getting worse when the data centre starts the development stage. More traffic will be caused when the data centre starts operating as well.

Throughout the design and consultation process the proponent has not presented a complying scheme in accordance with the Lane Cove Local Environmental Plan 2009 (LCLEP2009). It is evident that Microsoft never had any intention to comply with the 18.0m height control. The resultant impact of the over development being a significant loss of urban visual amenity, loss of existing vegetation and a significant commercial floor space advantage to Microsoft.
the architectural bulk & scale will create an unacceptable visual impact due to the building height and relationship of the building to Mowbray Road at the eastern elevation. This is further exacerbated by the significant removal of existing vegetation at the eastern end of the site under the proposed scheme.
The Traffic and Transport Assessment Report has carefully avoided identifying the major parking impacts, both permanent and during construction.
The required parking spaces for the site as per DCP requirements is 61 car spaces which demonstrates a shortfall of 31 spaces.

Please see attached

the project is next to the childcare and will create excess noise and dust to the kids

As a local resident and parent at the adjacent possums corner childcare centre I am deeply concerned about the project as I believe in its current proposed state it is entirely inappropriate for the site and does not adequately address significant issues for the local community.

To begin with, I cannot understand the justification to materially exceed the local height restrictions at the site. This will result in a significant change to outlook of the area, unacceptable visual pollution and disruption to the existing tree line and leafy surrounds. To date the only justification we’ve heard for such height is that it is significantly lower than the original proposal. however this does not explain either why the original height would ever be reasonable being so far above the local restrictions or why the current proposed height is appropriate. I believe a project complying with the existing height restrictions is the only appropriate solution here and if the project is not feasible at this height it should not proceed.

Further, I am concerned about the lack of consultation and information about managing significant traffic and pedestrian safety risks during and after construction. I asked this question at a community meeting and was told this was a matter for the RTA, a wholly unconvincing response. I could only support a project which included permanent improvement to the safety of traffic and pedestrians on Mowbray road at the intersection of Fitzsimmons avenue where there is currently no traffic island but a need for residents to cross the road here to reach either the daycare centre or the bus stop on Epping road.

Finally, I am concerned that the impact of demolition and construction on the daycare centre has not been appropriately addressed and mitigated. There will be a significant increase in traffic including large trucks during demolition and excavation, and almost certainly a significant amount of noise. From experience trucks coming down Mowbray road have no consideration for residents using noisy breaks and even on occasions taking out the elevated NBN cable where it crosses the road down the hill. I acknowledge this is at times accidental or down to truck drivers individually, but would like further explanations and assurances to prevent this noise and hazards. Trucks aside however the noise during demolition and construction is likely to materially impact the daycare, and anything above a nominal noise level
Will effectively render it impossible for educators to run classes and require the centre to close. This is absolutely unacceptable and cannot be allowed under any circumstances.

Appropriate mitigations of each of the above and adjustments to the proposal as per my comments would result in my support, but without them I cannot support this project as proposed.

My primary objection to the development is the height of the building. While the developer is arguing that they have reduced the height from the original application that is irrelevant. The proposed height will be well over the size of all immediately surrounding buildings and beyond the restrictions agreed with council for all buildings in the area. With other data centres so close why is such a large building called for on a site surrounded with residential and a major tunnel beneath. It’s just not suited to the purpose proposed.

I also have passionate views with regards to the environment and the loss of so many full grown trees (65) is just awful. There are several industrial parks in close proximity (Artarmon, Lane Cove West, Macquarie Park) that would be far better placed to take a building of this size and use. Why remove precious native trees and create a negative impact on our environment when data centre capacity is already in the vicinity.

The project should build a children play area along with a park with open air gym facilities. The project should also include state-of-the-art landscaping with cafes and shops for public.

I object to the development for the following reasons:

1. Height – The size of the proposed building will be significantly larger than anything else in the area. This is a small pocket of light industrial zoned land in an otherwise residential area. All current buildings have been designed to be sympathetic to the surroundings. Height is a key component of this and ensures a community atmosphere is sustained. The proposed development will be visible from Ryde (other side of the Lane Cover River) and dominate the area, blocking light to the adjacent bushland corridor and impacting on the surrounding vegetation. At the proposed height it will also be visible from a distance of approx. 1.5km (corner of Mowbray Rd and Centennial Ave) making it a total eyesore that no change of exterior design will fix.
2. Noise – Aside from the temporary construction noise this development will require 24/7 air conditioning located on the roof of the building. Currently this is a whisper quiet area at night and even residents can’t have their air conditioning running after 10pm. This development will result in a significant impact to the noise level with no relief at any time due to the natural acoustics of the location.
3. Jobs – There is regular reference to the additional jobs the development will provide but this is only during construction. The number of staff required to keep the site running is miniscule and will provide no additional benefit to the local economy, in fact it will take away from it. At the moment the existing building can house a large contingent of staff who all use the local eateries. The emptying of the building to make way for the demolition has already shown what the impact will be and it’s not positive in any way.
4. Native vegetation – I was horrified to be advised that 65 mature native trees will be removed to make way for the development. At a time of increasing environmental crisis to be removing mature trees that house local wildlife and will take decades to replace is in no way justifiable. Replanting will not resolve this issue and shows a disregard for the area. This is on top of the increased shadowing that will change the types of vegitation the area can sustain.

Providing feeback

Please see attachment

We have serious concerns about the proposed development in particular the storage of diesel and lithium-ion battery and associated infrastructure. This could be a huge threat to the neighbourhood in case of fire/other accidents and health issues. Also during the long demolition and construction period, all the work involves would put more pressure on the already bad traffic around Mowbray road west and Epping road junction - this would be a nightmare for all the residents nearby.

see attachments relating to the objection
I request a complete list of all traffic impact reports relating to Lane Cove North Estate and its interactions with Mowbray Road West, Taylors Drive and Whitfield Ave be included as information document to all contractors tendering on the project.

I object 706 Lane Cove North Submission (SSD-13475973. The report has been attached.