A proposed 54-storey Build-to-Rent (BTR) development at 815 Pacific Highway, Chatswood has met strong opposition from Willoughby Council. The council has formally recommended against issuing Secretary’s Environmental Assessment Requirements (SEARs)—a key step needed for the project to move forward.
The proposal, submitted by 815 Pacific Highway Pty Limited, seeks State Significant Development (SSD) status under NSW planning rules. It takes advantage of affordable housing incentives under the State Environmental Planning Policy (Housing) 2021 (Housing SEPP). The concept plan includes 494 residential apartments, with 15% dedicated to affordable housing, alongside 3,685 m² of commercial space.
In response to Council’s objections, the Department of Planning, Housing and Infrastructure (DPHI) has asked the developer to provide additional information before deciding on SEARs. This request signals uncertainty over whether the project will proceed in its current form.
Key Concerns: Why Council is Rejecting the Proposal
Willoughby Council has outlined several major concerns with the proposal. The most significant objections include:
1. Exceeding Height Limits & Aviation Risks
The Willoughby Local Environmental Plan 2012 (WLEP 2012) allows a maximum height of RL246.8m. The proposal seeks RL289.64m (185.64m total height), exceeding the limit by 42.84m.
The Chatswood CBD Planning and Urban Design Strategy 2036 established RL246.8m as the skyline limit based on Pans-Ops airspace restrictions.
Council also referenced previous concerns from the Civil Aviation Safety Authority (CASA) and Sydney Airport Corporation about buildings exceeding aviation height limits.
If approved, this project would become the tallest building in Chatswood, setting a precedent for future high-rise developments.
2. Failure to Amalgamate with 15 Help Street
A previously approved planning amendment (Amendment 29 to WLEP 2012) required the developer to amalgamate 815 Pacific Highway with 15 Help Street. This step ensures proper setbacks, urban design, and traffic solutions.
The current plan excludes 15 Help Street, which Council argues leads to compromised design and planning outcomes.
DPHI has now asked the developer to prove that genuine efforts were made to negotiate an amalgamation.
3. Traffic & Infrastructure Failures
The proposal relies on Help Street for vehicle access, which Council says will worsen congestion and go against previously approved traffic solutions.
A previous agreement required access via McIntosh Street to ease traffic flow. However, the new plan ignores this solution.
Council also raised concerns about waste collection. Without a clear plan, garbage trucks could block Help Street, creating further public space issues.
4. Inconsistencies with Local Planning Strategy
The Chatswood CBD Planning and Urban Design Strategy 2036 and WLEP 2012 were developed with extensive community input.
Council argues that using SEPP incentives to override local planning rules weakens the integrity of strategic planning.
The proposal also fails to meet required setbacks and podium requirements, reducing pedestrian-friendly spaces.
5. Unclear Affordable Housing Commitment
Although the proposal includes 15% of the Gross Floor Area (GFA) as affordable housing, Council wants a permanent commitment.
Without long-term guarantees, the project’s ability to deliver lasting affordable housing benefits remains uncertain.
State Government Asks Developer for More Information
Instead of immediately approving SEARs, DPHI has requested additional details from the developer.
The official request includes:
- Evidence that the developer made a serious effort to merge with 15 Help Street.
- A response to the objections raised by Willoughby Council.
The developer must respond by 28 February 2025. After this, DPHI will decide whether to:
- Issue SEARs, allowing the project to move forward to a full Environmental Impact Statement (EIS).
- Deny the request, forcing the developer to make major changes or abandon the project.
What Happens Next?
If SEARs are granted, the developer will need to prepare an Environmental Impact Statement (EIS) and later submit a detailed State Significant Development Application (SSDA).
If SEARs are denied, the developer may have to redesign or abandon the project.
Even if SEARs are approved, the proposal still faces opposition from Council and planning authorities. Final approval remains uncertain.
For more information, search application number SSD-78346486 on the NSW Department of Planning, Housing and Infrastructure’s website.
