41. Sutherland Centre: St Patricks School
Three submissions were received in relation to the proposed height and
density surrounding St Patricks School.
Two submissions were received on behalf of St Patricks College which object
to the proposed increase in height and density adjoining the school due to
potential overshadowing and overlooking impacts.
Figure 1 - 551 President Ave (St Patricks School)
Zoning: SP2 Educational Establishment/Place of Public Worship
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Figure 2 - St Patricks School - Aerial
Summary of Issues
Three submissions were received which raise objections to the proposed
rezoning surrounding the St Patricks School site and the potential
overshadowing and overlooking impacts from future development at the height
and density facilitated by the LEP.
The submissions assert that the proposed height limit in this precinct will lead
to the development of residential flats along the boundaries of the School that
will both cast shadows over and overlook school classrooms and playgrounds.
This, it argues, creates the potential for young students to be viewed from the
windows and balconies of adjacent flats while in their classrooms, and as they
play outside. The submissions consider such an outcome to be unsafe,
intrusive and a child protection risk. They request that buildings next to the
school be limited to a height that currently exists under the SSLEP2006.
The submission requests that the building envelope plans be developed as
part of the preparation of the DSSLEP2013 and that the amenity impacts on
the school be managed during the preparation of the DSSLEP2013 and not at
the Development Application stage.
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The submission received on behalf of St Patricks School specifically objects to
the proposed height increases on the following sites:
Land on eastern side of Merton Street (between Flora Street and
President Avenue) increased height to 40m,
Land on the southern side of Flora Street between Merton and Glencoe
Streets including land on Glencoe Street, increased height to 30m,
Land on the northern side of Flora Street between Merton and Glencoe
Streets, increased height to 30m,
Land on the southern side of President Avenue between Merton and
Glencoe Streets, increased height to 20m.
Analysis of Issues
Analysis of the increased height on a number of these sites, in particular the
overshadowing impacts have been addressed in detail in the specific chapters
relating to the above sites.
Development is currently limited to between 2 and 4 storeys surrounding the St
Patricks School under SSLEP2006 and this is proposed to increase up to 40m in
some areas under the draft plan. While the concerns raised in the submissions are
valid, it must be acknowledged that the school is located directly adjacent to a town
centre and commercial zone. Residential flats are permissible in areas surrounding
the school at present. Whilst development should be designed to minimise the
overshadowing impact, it is unreasonable to expect that development will be
curtailed in a commercial zone to the extent sought.
As the detailed shadow analysis provided in the relevant sections in this report has
shown, there will inevitably be some shadowing over the schools if buildings are to
be built to the maximum heights proposed under the DSSLEP2013. All Development
Applications are the subject of a detailed assessment and are referred to Council’s
Architectural Review Advisory Panel for detailed independent architectural advice. In
practice it is likely that the maximum building depth will result in a separation of
development from the school. The development assessment will take into account
possible overshadowing and overlooking impacts on adjoining properties and the
public domain in order to ensure reasonable outcomes are achieved. However, an
assessment of what is reasonable will be made in the context of the applicable
height limit. Clearly a 40m building cannot be expected to be benign. Council officers
have not supported the 40m height on the eastern side of Merton Street.
While concerns about the overlooking of school playgrounds and classrooms are
acknowledged, this is not a matter that can be given significant planning weight. The
Land and Environment Court has previously considered similar matters and
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determined that, “…a fear or concern without rational or justified foundation is not a
matter which, by itself, can be considered as an amenity or social impact pursuant to
s 79C(1) of the EP&A Act “(Newton v Wyong Shire Council, NSWLEC, McClelland J,
6 September 1983). With regard to overlooking school playground and classrooms,
good design can facilitate appropriate passive surveillance, which can in turn reduce
the incidence of crime and inappropriate behaviour. While the submissions are
noted, it is considered unreasonable to remove the proposed rezoning based on a
fear of inappropriate behaviour.
A number of the issues raised have been considered in other chapters of this
submissions report.
Response to Issues
The issue raised does not justify change to the plan as requested.
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