The Cooks Cove project has been dealt a major blow, with the regional planning panel saying the northern part of the site should be retained for employment purposes rather than be rezoned for 5000 apartments.

Bayside Planning Panel, in a published decision, recommended Bayside Council should not refer the planning proposal to the Department of Planning and Environment for a fast-tracked Gateway review.

“The panel is of the view that there is a need to retain the subject land for employment uses due to its strategic location and the constraints to residential development, apart from the issues associated with Crown Land and lands held in trust,” the panel said.

The land occupied by Kogarah Golf Club, which would move south on to Barton Park under the plans, was rezoned for employment use in the early 2000s when the original intention was to create a trade and technology park.

The panel said the fundamental issue for consideration in progressing the planning proposal was whether there was strategic merit in changing the zone to allow a new suburb with about 12,000 residents.

“Should the proposal proceed in its current form, this strategic site would no longer be available for employment land uses associated with Sydney Airport or other large employment generating purposes in the future,” the panel said.

“This is notwithstanding that a smaller area of mixed use zone is proposed”.

The panel said it was unclear whether there had been consultation with the Greater Sydney Commission.

The panel said it “was not satisfied with the justification put forward in support of the higher residential density proposed for the site”.

“In particular, it is noted that the Bayside local government area (LGA) is more than meeting its residential targets and will continue to do so based on approvals issued and future developments which are in the pipeline,” the panel said.

“Information provided by the council shows that the short-term housing target for the LGA 2016-2021 of 10,150 new dwellings has already been exceeded based on development approvals and completions to May 2018. 

“Of the long-term target of 28,050 new dwellings by 2036, it is anticipated that 19,598, or 69.9 per cent, will be reached based on existing approvals, identified new residential precincts and planning proposals (pre and post Gateway) excluding Cook Cove.”

The panel said the area was constrained by trusts, community land classification, flooding, aircraft noise, odour; road reservations, air quality, contaminated land; and airport surface limitation.

“These constraints raise a fundamental question as to whether or not the land is suitable for high density residential development given the LGA is already achieving its housing targets, and there are priority residential precincts in the LGA,” the panel said.

“The panel considers that the planning proposal contains insufficient justification for reducing the employment lands future gross floor area (GFA) from 270,000 square metres to 53,000 square metres, and increasing the overall GFA to 571,000 square metres.

“The proposed maximum building height of 25 storeys appears to be at odds with the surrounding highest permissible building height of 46 metres, which approximates 12 storeys. 

“The planning proposal provides no justification for this significant increase compared to the surrounding locality, nor is there justification for the proposed overall density of development proposed.”

The panel said it had not been demonstrated the loss of employment lands was warranted for the LGA or region in a strategic planning context.

A number of residents had expressed concerns about the role of Barton Park and the shortfall of playing fields for the district, which would be created should the proposal proceed, the published decision said.

“Concerns were also raised about the restriction of public access to the area of public open space which will be occupied by the relocated golf course.

“The panel shares these concerns and notes that the council is to prepare an LGA wide open space strategy.

“Therefore, at this time the full ramifications in respect of proposed changes to open space and playing fields at Cook Cove are unknown.

“Specifically for the inclusion of public land, the panel notes that the planning proposal relies on the successful reclassification of public land, which is either Crown land, community land owned by council, or land held in trust by council.

“The panel considers that the reclassification of public land should occur separately prior to the rezoning of adjacent lands to ensure that the reclassification accords with the intent and spirit and Objects of the Environmental Planning & Assessment Act 1979, as amended. 

“It is also considered that matters associated with land held in trust by Council must be resolved prior to any decision to reclassify or rezone.”

The panel said, if the council still wanted to proceed with the planning proposal, a number of matters should first be resolved.

They included the precise identification of each of the interests affecting each parcel of public land and the intended effect of the planning proposal.

Other recommendations included the proposal should be amended to provide for a much higher proportion of employment land floor space and lower residential density.