A 12-storey mixed-use development at 570 Princes Highway, Rockdale has received approval from the Land and Environment Court of NSW. This decision follows an appeal by 570 Princes Highway Pty Ltd after Bayside Council initially refused the application. The approval marks the end of a lengthy planning process that included design revisions, negotiations, and legal proceedings.
Background of the Development Proposal
The development application, submitted on 23 May 2022 by Chanine Design Pty Ltd on behalf of P&J Investment Holding Pty Ltd, proposed:
- Demolition of existing structures.
- Construction of a 12-storey mixed-use building.
- A ground-floor commercial tenancy.
- Two towers, initially 9 and 11 storeys, containing 78 co-living rooms.
- Communal areas, including a rooftop terrace.
- Motorcycle and bicycle parking, but no on-site car parking.
- Loading bay, earthworks, landscaping, and stormwater drainage works.
With an estimated cost of $27,569,408.40, the project aimed to enhance housing availability in Rockdale. However, the proposal faced multiple planning hurdles before gaining approval.
Why Bayside Council Refused the Development
On 12 September 2023, Bayside Council’s Local Planning Panel refused the application, citing several concerns.
Key reasons included:
- Failure to comply with planning controls under the State Environmental Planning Policy (Housing) 2021:
- The proposal lacked on-site car parking.
- The lot size was too small, measuring 568.9m² instead of the required 800m².
- The design did not align with the surrounding built environment.
- No Clause 4.6 variation request was submitted to justify the height and lot size non-compliance.
- The Design Review Panel opposed the project, citing issues with scale, character, and streetscape integration.
- Insufficient management and security details, including the absence of a Plan of Management, CCTV, and lighting plans.
- Privacy and overshadowing concerns, which could negatively impact neighboring properties.
- Stormwater drainage issues, which required further clarification.
Due to these non-compliances, the council determined that the proposal was not suitable in its original form.
How the Developer Secured Approval
Following the refusal, the developer appealed to the Land and Environment Court of NSW. During conciliation conferences on 13 September 2024 and 6 November 2024, the applicant worked with the council to revise the plans.
Key Amendments to the Proposal
- Reduced the number of co-living rooms from 78 to 65.
- Lowered the height of the rear building, removing levels 7-11 to improve compatibility with the local streetscape.
- Added on-site accessible parking spaces, addressing accessibility concerns.
- Increased privacy fencing, reducing potential overlooking into adjacent properties.
- Redesigned internal layouts, relocating lifts, fire stairs, and communal areas for better functionality.
- Incorporated additional façade setbacks, enhancing the visual transition with neighboring buildings.
- Submitted a Clause 4.6 variation request, formally justifying the deviations from planning controls.
These amendments helped the proposal meet the council’s expectations. As a result, the Court found that the revised development complied with planning controls and could be approved.
Final Approved Development
On 21 February 2025, the Land and Environment Court upheld the appeal, granting development consent for the revised proposal. The final development includes:
- A 12-storey mixed-use building with a ground-floor commercial tenancy.
- 65 co-living rooms with communal spaces.
- 8 stacked car parking spaces, as well as motorcycle and bicycle parking.
- Landscaping, stormwater drainage works, and a communal terrace on Level 1.
Additionally, the Court ordered the developer to pay Bayside Council $20,000 in costs, which must be settled within 28 days.
Planning Considerations & Compliance
The Court determined that the amended proposal met key planning regulations, including:
- Bayside Local Environmental Plan (LEP) 2021:
- Building height adjusted to comply.
- Acid sulfate soil and stormwater concerns were adequately addressed.
- State Environmental Planning Policy (Housing) 2021:
- Variations for car parking and lot size were justified through the Clause 4.6 request.
- The design now fits within the evolving character of Rockdale.
- State Environmental Planning Policy (Transport and Infrastructure) 2021:
- Traffic and noise concerns were mitigated with supporting reports.
- State Environmental Planning Policy (Resilience and Hazards) 2021:
- A Remedial Action Plan ensured the site was safe for development.
Project Team
The development involved a multidisciplinary team of consultants:
- Developer: P&J Investment Holding Pty Ltd
- Urban Planner (Statement of Environmental Effects Author): Gyde Consulting
- Architects: CD Architects
- Traffic & Parking Consultant: Varga Traffic Planning Pty Ltd
- Acoustic Consultant: Acoustic Noise & Vibration Solutions Pty Ltd
- Landscape Architect: Site Image Landscape Architects
- Stormwater & Civil Engineering: Civil & Stormwater Engineering Services Pty Ltd
- Geotechnical & Environmental Consultant: EI Australia Pty Ltd
- Accessibility Consultant: Accessible Building Solutions
- Construction & National Construction Code Consultant: Design Right Consulting
- Waste Management Consultant: Multi Pro Consultants Pty Ltd
- Wind Impact & Tunneling Consultant: Ana Civil Pty Ltd
To view more details, search the application number DA-2022/145 on Bayside Council’s website.
