State Significant Development
Residential development with In-fill affordable housing - East Walker Street, North Sydney
North Sydney
Current Status: Determination
Interact with the stages for their names
- SEARs
- Prepare EIS
- Exhibition
- Collate Submissions
- Response to Submissions
- Assessment
- Recommendation
- Determination
Construction of two residential flat buildings with with five shared basement levels, comprising of 239 dwellings including infill affordable housing and ancillary residential building.
Attachments & Resources
Notice of Exhibition (2)
Early Consultation (3)
SEARs (2)
EIS (54)
Response to Submissions (21)
Agency Advice (14)
Amendments (34)
Additional Information (9)
Determination (9)
Approved Documents
There are no post approval documents available
Note: Only documents approved by the Department after November 2019 will be published above. Any documents approved before this time can be viewed on the Applicant's website.
Complaints
Want to lodge a compliance complaint about this project?
Make a ComplaintEnforcements
There are no enforcements for this project.
Inspections
There are no inspections for this project.
Note: Only enforcements and inspections undertaken by the Department from March 2020 will be shown above.
Submissions
Name Withheld
Object
Name Withheld
Message
Name Withheld
Object
Name Withheld
Message
RE: East Walker Street, North Sydney [Submission (SUB-73192219)]
I thank you for the opportunity to make a submission regarding the above development proposal. I appreciate the time and care taken to consider each submission, with consideration for the impact the proposed development may have on the surrounding spaces.
I am writing to lodge my objection to the residential development with affordable housing - East Walker Street, North Sydney [Submission (SUB-73192219)]. I am an owner/occupier of a west facing unit within the building at 88 Berry Street. I have outlined some objections to the proposed development below:
Sunlight and Shadowing:
Even setting aside the fact that I purchased this apartment for its natural light and tree-filled surroundings, my unit relies on natural light to reduce heating and appliance costs, illuminate my balcony, and prevent mould growth. From 12 PM onwards, the unit will be in darkness, directly affecting my quality of life. Section 5.0 of the scoping report (available online) includes diagrams illustrating the potential shadowing of 88 Berry Street. According to this study, after 12 PM, the building will be entirely under the shadow of Tower 2 of the proposed development. This significant reduction in lighting will negatively impact living conditions and property value. Additionally, the shadow will affect the lighting on the Berry Street ramp, creating hazards for traffic and pedestrians.
Noise and Vibration:
The scale of the development, particularly Tower 3 at 30 floors, is substantial. Given its proximity, my unit and the entire building will endure a significant and prolonged increase in unacceptable noise pollution from drilling, demolition, and construction activities. Additionally, the vibrations will severely impact the structural integrity of both my unit and the building. With ongoing works on the West Harbour Tunnel and Warringah Freeway, the added stress from these vibrations could cause significant damage. These potential damages directly affect property value, which, as an owner-occupier, is a major concern. Both noise and pollution will also hinder my ability to sell or lease the unit in the future. Furthermore, residents throughout the building will experience similar impacts on their dwellings.
Traffic:
Work sites will directly impact the flow of traffic through Walker Street, and Berry Street. This will compound already significant impact occurring in the area. AURA North Sydney has recently added 387 units and around 200+ carpark spaces onto Walker Street and Berry Street area. The local roads are at full, if not over, capacity. Therefore, additional carpark spaces close to the Berry Street and Walker Street junction should be restricted. North Sydney Council has previously flagged Miller Street as the "Spine of North Sydney" as Miller Street (from Berry Street to Ridge Street) is subject to clearway and hence making lanes available for peak hour traffic. On the other hand, Walker Street has on street parking on both sides which serves as resident parking as well (Area 22). This directly affects my capacity to park in Walker Street, as I have no provided car space in my building. Furthermore, visitor access will be significantly restricted with the reduction in parking space provided on Walker Street. This provides significant difficulty when accessing tradespeople or deliveries to the building.
Building Design:
The newest design of the Proposed Development is to have a 10-floor building on East Walker Street (Building 3). This will comprise 76 affordable housing units. The previous design provided terrace houses and shops in this location. In the corner of East Walker Street and Hampton Street, there will be a building of 28 floors (Building 1) with around 200 units. This building that will cast a long shadow into the surrounding area. The last building at the end of Hampton Street (Building 2) will be adjacent to Building 1. This will house all the service and maintenance amenities of the Proposed Development and might most likely be the driveway in and out. The above design, especially the affordable housing in Building 3, presents significant change in design when compared to the previous one. This will have a significant impact on the value of the units located on the West side of the building, which includes my unit.
The points above outline my concerns regarding the development. In summary, the proposed project will significantly impact my living quality as an occupier at 88 Berry Street. Additionally, as an owner, I am concerned that the development will severely affect the value of my property, whether for lease or sale. Thank you for taking the time to consider my submission.
Yours Sincerely,
Jitka Nosalkova
Attachments
Tony Marinceski
Object
Tony Marinceski
Message
The proposal for the new building 173-179 Walker Street, directly opposite Belvedere is outrageous.
Firstly, the traffic currently during school hours is a massive problem. The line up starts from Berry street going all the way up to Rydge is everymorning. Coming out of the Belvedere drive way can take up too 10min at times.
Another important to consider is the width of the street heading to 173-179 Walker Street. If there is was fire or any other form of emergency the trucks will struggle to enter. I see this most morning with the Rubbish trucks going up and down that street.
Considering the new premises is offering over 200 car spots, this is just outrageous.
Pleasefind attached video and pic to get a sense off understanding whats happening non a bailey bases.
Thank you.
Attachments
Paul Welch
Object
Paul Welch
Message
1. Existing traffic congestion
. The Walker/Berry intersection, located only 50 meters away, is already experiencing constant traffic congestion and queuing.
. Berry and Miller Streets are the only exit routes for the precinct, creating bottlenecks.
. The site is situated on a one-way lane leading to a dead-end, making access difficult, especially for northbound traffic.
. The Walker Street/Berry Streets intersection is effectively Highway 1, experiencing constant high traffic pressure.
. Existing gridlock occurs during peak hours and school times.
2. Access and safety issues
. Site access is extremely challenging, particularly for southbound traffic, requiring U-turns or crossing queued intersection traffic.
. Construction vehicle access would be nearly impossible due to the site's location.
. There are two major schools are within 100 meters of the area, adding to traffic concerns.
. Garbage trucks currently must reverse down the one-way lane, posing potential safety risks.
3. Future developments and their impact
Several upcoming developments have not been adequately considered in traffic analyses, including:
(a) Aqualand development at 168 Walker (386 apartments)
(b) 45 McLaren Street development (over 100 new apartments)
(c) Western Harbour Tunnel and its on-ramp effects on the intersection
(d) New Reddam School in McLaren Street (opening January 2025)
(e) 57-storey building at 110 Walker Street
4. Inadequate traffic analysis
The current traffic report fails to adequately analyse the impact of additional vehicles generated by new developments.
Future traffic pressure from upcoming projects has also not been taken into account.
5. Recommendations
. A comprehensive and detailed traffic analysis reports are needed, including:
(a) Access studies
(b) Intersection modeling
(c) Performance assessments
Ivor Endicott-Davies
Object
Ivor Endicott-Davies
Message
It is a disgrace the way the residents, rate payers, have been totally miss represented by the council and now State government, this time around, under the guise of affordable housing to ram this project through at any cost. For who? Ultimately to deprive those living in North Sydney in the block, Miller, Berry, Walker, Ridge Street, a life style they funded. By forcing in extra high density accomodation without addressing the basic infrastructure the rate payers of North Sydney are entitled to, the council and NSW Government have demonstrated total disrespect and disregard for the very residence who float 2060.
The following is a well thought through analysis of the current proposal.
This proposal attempts to use the in-fill affordable housing changes to increase its luxury building to 30 storeys and to increases the previous 8 storey approval to 12 storeys. But the SEPP which allows for bonuses in building height only applies to the building with the affordable housing. This proposal attempts to transfer this bonus to the luxury apartments which is disingenuous and cynical. A merit assessment of the above impacts will expose this ploy and isolate the affordable housing building. Finally, the Planning Dept document “Planning Secretary’s Environmental Assessment Requirements” which contains many highly specific requirements has not been adequately measured against by the proponent and needs to be upheld.
Major Traffic Issues
The adjacent road network is already under extreme pressure with constant traffic congestion and constant queuing at the major Walker/Berry intersection which is only 50 metres away. The traffic report does not come close to adequately analysing the impact of the extra vehicles generated nor does it acknowledge that Berry and Miller Streets are the only exit routes for the precinct.
- the site is on a one -way lane leading to a dead-end (see attached)
- access to the site is extremely difficult northbound, and there is no access southbound. Residents need to make a u-turn in traffic southbound to enter the lane, or attempt to cross queued intersection traffic northbound
- there is no scope for a turning circle at the dead-end due to a heritage protected median garden strip
- the Walker Street/Berry Streets intersection is effectively Highway 1 with constant high traffic pressure
- construction vehicle access would be impossible
- at peak hours and school times there is existing gridlock
- Two major schools are within 100m
- ingress and egress from the precinct is already difficult
- garbage trucks currently have to reverse down the one way lane
In addition, future traffic pressure has not been taken into account:
- the new Aqualand development at 168 Walker with 386 apartments is ignored
- 45 McLaren Street future development will add over 100 new apartments
- the Western Harbour Tunnel impacts and on-ramp and their effects on the intersection
- The new Reddam School in McLaren Street commencing in January 2025
- 57 storey building at 110 Walker Street
Proper and detailed traffic analysis reports are needed including access and intersection modelling and performance.
View Analysis
There is a major view corridor to the west of the site resulting in major view loss to hundreds of apartments including Belvedere, The Heritage, McLaren Apartments, The Harvard, North, Vantage, and The Miller. In some cases, this view loss is total. View analysis does not adequately respond to, or understates this view loss. The proposal fails all four steps of the Tenacity principles (Tenacity Consulting v Warringah Council [2004] NSWLEC 140) which can be distilled as “Not properly assess moderate to severe standing view loss from front living areas by a non-complying development”. In particular, step four emphasises that where view loss arises as a result of non-compliance even a moderate impact may be considered unreasonable.
First Responder Access
See attached photo showing the impossibility of access. This critical issue of extremely difficult first responder access or egress in any kind of emergency is a major health and safety and places a heavy burden on those involved in any approval.
Solar Access
The proposal inflicts excessive overshadowing to surrounding dwellings, particularly the 9 storey apartment building at 88 Berry Street, and also Century Plaza. It blocks eastern and northern sun to other dwellings in Walker Street.
Heritage
The proposal is across the road from a row of Victorian Terraces to the north and ruins their neighbourhood. Important heritage buildings to the west, and a heritage protected sandstone wall.
Supporting Documents
Reports do not address previous submissions and objections, and do not fully or properly take into account new developments in this area which are yet to come on stream. Proper reports are required.
Past Planning Panel Approval
Despite the above substantial issues, the Sydney North Planning Panel under then Minister Stokes and chairman Peter Debnam, approved a 29 storey building. In doing so, the Panel dismissed 145 detailed objections from surrounding residents, other developers, and North Sydney Council. The Panel did not adequately pose the objections to the developer, and its decision was cursory and highly undemocratic. The planning process has failed residents.
https://www.planningportal.nsw.gov.au/ppr/lep-decision/173-179-walker-street-and-11-17-hampden-street
Regardless, it is critical to note that the previous SNPP approval was highly specific and required the following:
- A slender built form – this proposal is not slender
- 12m building separations – this proposal does not provide 12m separation
- A reduction in length along Walker Street – this length has actually increased from previously
- Avoidance of overshadowing to the south – overshadowing is increased in this new proposal
- An 8 storey maximum for the secondary building – this has now increased to 12 storeys
These are critical points to consider in assessing this new proposal since they transgress the SNPP approval and the Department of Planning’s own report. In addition, the Department’s Urban Design team also raised serious concerns (attached) including floor plate sizes, solar access modelling, building bulk, design not appropriate to the important view corridor, and they were not satisfied with the detail for the proposed level of change to the final LEP. It is evident that the Department of Planning did not support the proposal with conviction.
When the previous DA arrived at Council, the developer chose deemed refusal and lodged a case with the Land and Environment Court, later withdrawn by the applicant. One could speculate.
There is unanimous very strong local consensus that the proposal is unacceptable and inappropriate. The proposal cannot be justified on planning principles, policy or process and is fatally flawed on very many separate grounds and runs contrary to the public interest.
Long time Residence of 2060
Ivor and Akemi Endicott-Davies
Name Withheld
Object
Name Withheld
Message
In past also I have opposed to any new developments and will do so again on thr grounds of:
1. Value of of my property being compromised due to hindrances caused by the new development which was never an idea when I invested in there.
2. The insane speed of construction happening in over-crowded suburbs is completely overlooked from safety, early access, life style, heritage/cultural value of the neighbourhood - from all perspective. This cannot be accepeted.
3. The dog race of cramping people in high risers through greedy developers needs to be stopped as some people think this can be done without someone noticing them.
4. With new metro station opening and all, traffic will be a nightmare for all and sommeone wants to make it worse without giving a single thought, aboslutely NO to them.
5. Lastly, I would like to call out this in-fill affordable housing approach a deceiving way of showing to do goodness but with an ill-intent. Take more holistic approach on this housing crisis and develop outer/new suburbs with better infrastructure and not some cheap tactics to keep pushing people into existing suburbs that are already overcrowded. Try to build one in Mosman or Manly - I am sure the political powerhouses will never let that happen.
I strongly oppose this development project within my rights.
Name Withheld
Object
Name Withheld
Message
The north sydney road system is enduring extreme pressure with constant traffic congestion and constant queuing at the major Walker/Berry intersection which is only 50 metres away. Also adjacent to this proejct are two large public and residential complex car parks that already pose traffic issues when cars are entering and exiting those blocks.
As well,
- the site is on a one -way lane leading to a dead-end
- access to the site is extremely difficult northbound, and there is no access southbound. Residents need to make a u-turn in traffic southbound to enter the lane, or attempt to cross queued intersection traffic northbound
- there is no scope for a turning circle at the dead-end due to a heritage protected median garden strip
- the Walker Street/Berry Streets intersection is effectively Highway 1 with constant high traffic pressure
- construction vehicle access would be impossible
- at peak hours and school times there is existing gridlock
- Two major schools are within 100m
- ingress and egress from the precinct is already difficult
- garbage trucks currently have to reverse down the one way lane
In addition, future traffic pressure has not been taken into account:
- the new Aqualand development at 168 Walker with 386 apartments is already providing considerable pressure on the road system
- 45 McLaren Street future development will add over 100 new apartments
- the Western Harbour Tunnel impacts and on-ramp and their effects on the intersection
- The new Reddam School in McLaren Street commencing in January 2025 will cause even more traffic flow congestion as it feeds into the Wenona school drop off congestion that exists currently
- 57 storey building at 110 Walker Street will be even more traffic in this very narrow, and overly congested area.
Name Withheld
Object
Name Withheld
Message
The street is already crowded with developments, and quite frankly, we are exhausted by it all.
I am also concerned with the obstruction of light to my property that this very high development will cause.
Abigail Hinchcliffe
Object
Abigail Hinchcliffe
Message
Name Withheld
Object
Name Withheld
Message
Name Withheld
Object
Name Withheld
Message
Our primary concerns are as follows:
Blockage of View and Sunlight:
The construction of the proposed 30-storey building will obstruct the view and natural sunlight to our homes. We have already experienced a similar issue with the recent completion of the Aura project, which comprises three 28-storey buildings. This new development will exacerbate the situation, further diminishing our access to sunlight and natural ventilation, which are essential for our well-being.
Previous Rejection by North Sydney Council:
The developer, CBUS, had previously submitted an application (DA 197/22) to the North Sydney Council, which was rejected due to the concerns raised by local residents. It is concerning that the developer is now attempting to bypass this rejection by submitting a new application to the NSW Government under the guise of affordable housing. This approach undermines the decision made by the local council and the voices of the residents.
Increased Congestion and Traffic:
Our area is already heavily congested with numerous high-rise residential and corporate buildings. The addition of another 30-storey building, and one 10 story and another 5 story ( total 3 buildings) will significantly increase traffic in the vicinity, further straining the already limited infrastructure and negatively impacting the safety and convenience of the local community.
Given these substantial concerns, we respectfully urge the NSW Government to reject this application. We believe that it is crucial to consider the well-being of the existing residents and the sustainable development of our community.
Name Withheld
Object
Name Withheld
Message
Adam Karolewski
Object
Adam Karolewski
Message
Attachments
Name Withheld
Object
Name Withheld
Message
Again, totally object to this project above.
Name Withheld
Object
Name Withheld
Message
If passed as being built it will overshadow various buildings, in fact this varied proposal increases overshadowing and those having solar panels and will no longer have natural light available to them. If the building is to progress it needs to be low rise and provide the opportunity for existing dwellings to remain unaffected by this project.
There is unanimous very strong local consensus that this approval be opposed. The proposal runs contrary to the public interest.
It is noted that the previous SNPP approval specified and required the following:
- A slender built form – this proposal appears in its current form not slender
- 12m building separations – this proposal does not provide 12m separation in this proposal
- A reduction in length along Walker Street – this length has actually increased in this proposal
- Avoidance of overshadowing to the south – overshadowing is increased in this proposal
- An 8 storey maximum for the secondary building the new proposal increases this to 12 storey
Name Withheld
Object
Name Withheld
Message
The sheer scale of this proposed 30-story development is in complete conflict with the current fabric and lifestyle amenity of the neighbouring North Sydney precincts.
The proposal negatively impacts well over 1,000 residences located in Hampden, Walker, McLaren, Berry, and Miller Streets in terms of shadowing, view loss, vehicular access, and height imposition - it will literally overwhelm every other nearby building due to its horrendous monolithic construction. In short, it is simply not a good 'fit' for the local community and despite the cynical 'affordable housing' positioning of the proposal, it adds no value to the amenity of North Sydney. Rather it is poised to undermine heritage terraces on Hampden Street and create permanent havoc with the overall lifestyle flow of the area.
Traffic Congestion
Current traffic challenges will be significantly amplified by this proposed development. There is already significant compression on traffic flow at the Walker Street / Berry Street intersection - the primary gateway / exit to this precinct.
Near future approved developments, including the new Aqualand residential building at 168 Walker Street ( 386 completed apartments), 45 McLaren Street (100 new apartments), the new Reddam School at 41 McLaren Street (opening in January 2025),
57 story building at 110 Walker Street and the impact of the Western Harbour Tunnel on-ramp - will all over burden the traffic flow. The area cannot sustain what is already in place let alone add to its demise with the proposed development. There is a serious safety risk of emergency services being able to access and leave this area in a timely manner - lives are at risk!
Loss of Vista and Views
There will be unacceptable view loss to hundreds of apartments, including The Belvedere, The Heritage, McLaren Apartments, The Harvard, Vantage Residences, and The Miller. In many cases, existing homeowners and residents will be faced with total view loss from their front rooms and primary living areas. Property values will be negatively and unfairly impacted from this hideously oversized proposed development. There is no equity in this proposed project.
In Conclusion
The local community see no benefit, only destruction with the proposed Cbus development. It is an ill-considered greedy, flawed commercial attempt to steal current residents of their hard-earned amenity and lifestyle, under the guise of 'affordable housing'. As such it is clearly NOT in the public interest. It is contrary to sound town planning principles, policy, and associated infrastructure processes and I strongly request it be outright rejected by your Planning Department.
Margaret Rajaratnam
Object
Margaret Rajaratnam
Message
1. There have been no significant changes made from when the project was previously submitted to North Sydney council. The issue of overdevelopment and the subsequent unsustainable increase in traffic congestion remains the same.
2. The developer is now cleverly bypassing North Sydney Council and local residents' concern by submitting the development as an SSD with NSW State Government Dept of Planning and Environment. In order to achieve this a token number of apartments have been included as "affordable housing", totally inappropriate for this location.
Affordable housing needs to go side-by-side with affordable facilities:- supermarkets , clothing outlets, family friendly cafe and restaurant chains, and hopefully bulk billing medical facilities none of which exist in North Sydney which has become a CBD surrounded by increasingly expensive accommodation and facilities.
Therefore, I strongly object to this development application and believe that the developer should be sent back to the drawing board to seriously attempt something more suitable to the location.
Yours faithfully,
Margaret Rajaratnam
Stephen Kelly
Object
Stephen Kelly
Message
The road network surrounding this project is already under duress with constant congestion and queuing at the nearby Walker Street/Berry Street intersection. The project report on transport / traffic does account for the additional vehicles that will come into the precinct.
The project site is on a one-way lane leading to a dead end. The is no direct access for southbound traffic on Walker Street and northbound traffic is required to cross over the road to access Hampden Street. This area is already congested and the project has failed to consider this impact. The area surrounding the project has 4 major schools, where traffic in the morning hours is gridlocked.
The project needs to find a solution to the traffic / transport issues it faces before building a 30 storey apartment block
Name Withheld
Object
Name Withheld
Message
David Graham
Object
David Graham
Message
1) Traffic- Previous developers references traffic studies more than decade out of date. In the interceding period the level of residential development in the square mile adjacent to this site has more than tripled to urban density. The density of families per square mile is akin to Tokyo yet the traffic analysis is from a different era. Allied to the issue with traffic is the difficulty first responders would encounter accessing the site in an emergency. Another issue is parking - whilst developers will claim they address parking by developing properties close to the metro and not providing parking the NSW government cannot legislate for owners not to own cars. This pocket of North Sydney has been over developed
2) solar access - the proposed development will all but wipe out solar access for the Heritage. The orientation of the units means that direct sunlight is a morning phenomena and that is a trade off the owners bought into. In winter the Heritage will be in perpetual solar eclipse
3) Iconic views - the previous developer employed an 'expert' to review their development for impact on views (including iconic views). My review of that report identified serious deficiencies that would lead to the conclusion that the report was written to a pre-prepared outcome. Despite the Heritage having 7 floors and a rooftop viewing garden (on the 8th) the report on visual impact stated that views from the second floor would not be adversely impacted not any iconic view disturbed- and concluded it was not worthwhile to investigate further (or higher up the building). I reside on the 7th floor and can confirm that any development resulting in an increase in the current building height at the site will adversely impact Sydney harbour views (including iconic views to both Fort Denison and the Vaucluse lighthouse).
Whilst I agree that Sydney should press on with sensible development, this development plan is ill advised on this site. I view the proposal as a transfer of wealth from the many existing owners in North Sydney to a developer. The promise of 'affordable' housing at this site is a mirage, everybody knows that private sector residential property on the lower north shore is unaffordable