development control plans for highrise residential flat buildings in beverley park/kogarah bay precinct


The amendment to the Kogarah Local Environmental Plan (LEP) 2012 – New City Plan was gazetted on Friday 26 May 2017.

This new LEP allowed for increased building heights of 21m (7-storeys) and floor space ratios of 2:1 in the areas of Wyuna & Stubbs St, Beverley Park and John St & Lacey St, Kogarah Bay.

This is despite the fact that one month prior to forced Council amalgamation in May 2016, the former Kogarah City Council resolved on 4th April 2016, to seek amendments to the Draft New City Plan with the NSW State Government to allow split height of 15m along the rear boundary of the properties, stepping down to 9m for a minimum lot depth of 12m along the Wyuna Street frontage and a floor space ratio of 1:5:1.

The area of Wyuna St, Beverley Park and John St, Kogarah Bay on the eastern side both remained zoned R2 low density residential and the western side of both of these roads was increased to R3 Medium Density (up to 21m).

For residents living in the R2 zone on Wyuna and John St, they must now live with the fact that Council was amalgamated and the wishes of the previous Kogarah Councillors was disregarded by the NSW State Government.

This means, however that the only protection for these residents preventing 7-storey residential flat buildings being built directly opposite their single storey dwellings is via a site specific Development Control Plan.

Georges River Council has had almost 2 years since the New City Plan was gazetted to implement development controls to protect residents and has failed to do so. There is currently still no DCP that covers residential buildings up to 21m for this area (Part C2 of the current DCP only relates to controls for up to 4 storey residential flat buildings NOT 7 storeys).

Current Status

Kogarah Bay Progress Association has made multiple representations to Georges River Council about the lack of Development Control Plans for residential flat buildings for this area.

On 13th Feb 2019, the association sent this letter to the General Manager of Council. On 28th Feb 2019 the association received this response from the General Manager.

KBPA was not satisfied with the General Manager’s response and wrote this reply on 26th March 2019.

At the 23rd April 2019 Council meeting there was a Notice of Motion to immediately develop a site specific Development Control Plan for the Wyuna St/John St precinct of Beverley Park and Kogarah Bay to put rules in place for 7-storey units being built immediately opposite single storey dwellings.

A Kogarah Bay Progress Association committee member made a 3min address to Councillors during the Public Forum on the urgent need to implement a site specific DCP for this precinct. You can view the address on Council’s webcast (Click ‘Join the Event’ and go to min 41:15 – 45:52 to see 3 min address. Go to min 1:38:26 - 1:45:33 to see the Councillor debate/discussion/voting on the Notice of Motion).

The Notice of Motion was supported unanimously by all Councillors, with an amendment from Councillor Katris to also include the western side of Princes Hwy between Jubilee Ave and Park Road in the DCP.

Minutes from Council Meeting on Notice of Motion NM031-19 - Preparation of a new Development Control Plan for the Kogarah Bay Precinct Princes Hwy.

what next

Notice of Motion NM031-19 did not include a timeframe for the preparation and implementation of the DCP, so following the publication of the 23 April Council Meeting Minutes, Kogarah Bay Progress Association wrote the following letter to the General Manager.

Letter to General Manager calling for a 3-month timeframe to implement the new DCP

General Manager’s response advising 3-month timeframe not possible

Council planning staff will now need to prepare a draft Development Control Plan for this precinct. The draft plan should address the 6 key points in the Notice of Motion plus any other issues such as setbacks. The draft DCP should then go on public exhibition for community input. Our Association will continue to monitor the development and implementation of the DCP.

Join the Kogarah Bay Progress Association and help fight for the interests of local residents on these important issues.
— Jeff Powys, Secretary, Kogarah Bay Progress Association Inc