Distributed on 5 August 2022














Council Meeting








Council Meeting

9 August 2022








The following report appear as late item as information required for the preparation of the reports was not available at the time of distribution of the Business Paper.


1          Reports for Noting


ITEM                                                                                                                                         Page


C0822(1) Item 34     Update - MOD/2021/0376 at 750 Princes Highway,Tempe
(Bunnings Tempe)                                                                                    3


Council Meeting

9 August 2022


Item No:         C0822(1) Item 34

Subject:         Update - MOD/2021/0376 at 750 Princes Highway,Tempe
(Bunnings Tempe)

Prepared By:      Harjeet Atwal - Senior Manager Planning  

Authorised By:  Simone Plummer - Director Planning






That Council receive and note the report.






Below is a brief background summary of recent history of Bunnings Tempe modification application and an update of recent actions.

MOD/2021/0376 was considered by the SECPP on 31 March 2022 and the matter was deferred. Refer to Attachment 1 for the Record of Deferral dated 13 April 2022. The Panel deferred the determination of MOD/2021/0376 for Council to undertake the following tasks:

·   Re-exhibition of MOD/2021/0376 and relevant documentation to the public. This has been completed and re-exhibition was undertaken between 27 May and 17 June 2022.

·   Seek feedback and approval from Transport for NSW (TfNSW) of the traffic measures within this area. Council has issued written correspondence seeking feedback from TfNSW and Council is awaiting feedback.

·   Local Traffic Committee conclude its consideration of the Local Area Traffic Management  (LATM)study.


In relation to the Tempe South LATM study, The Local Traffic Committee considered the report on 20 June 2022 and recommended to re-exhibit the draft report.


The main changes since the last public exhibition comprise of the following proposals:


·   Soft closure ‘No Entry’ for northbound traffic into Union Street at the signalized intersection of Smith Street and Princes Highway

·   10km/h Shared Zone in Union Street from Princes Highway to School Lane, including contrasting pavement threshold, installation of mountable kerbs

·   Partial road closure of Brooklyn Street (exit only at Princes Highway), which would only be required to complement the No Entry closure at Union Street traffic signals.


Should the recommendation be adopted by Council at its meeting to be held on 9 August 2022, a 28-day Public Exhibition on the LATM study can commence, with letters distributed to residents in the study area inviting them to comment on the draft study.










Advice of Bunnings Class 1 Appeal to the Land and Environment Court


The Chair of the SECPP wrote to Council (Refer Attachment 2 – Correspondence dated 14 July from the Chair of the SECPP) in July advising a determination meeting has been scheduled for MOD/2021/0376 on 1 September 2022. A response for the General Manager was drafted highlighting actions taken to satisfy the deferred tasks and requesting further time to conclude the LATM study appropriately. While the letter was in drafting Council was advised by Bunnings that it had lodged a Class 1 Appeal in the Land and Environment Court – being an appeal against a deemed refusal. The General Manager’s letter was revised to accommodate the advice of the appeal and is provided at Attachment 3 – General Manager Letter to SECPP. 


In such cases where an applicant lodges a deemed refusal appeal on a matter that is under the consideration of the Planning Panel, the assessment officer is required to continue the assessment of the application.  The Council is required to provide to the Planning Panel the proposed statement of facts and contentions and continue to keep the Panel informed of subsequent negotiations and exchanges of documents in the lead up to a hearing in the Court. The Panel may choose to take a more active role in a council’s conduct of the appeal.


Feasibility Study


In accordance with Council resolution on 12 April 2022, an independent study commenced examining the access/egress options to the Bunnings Tempe site including provision of traffic signals allowing direct connections from the proposed Bunnings site (728-750 Princes Highway, Tempe) to Princes Highway. The proposed traffic signals would change the vehicle access arrangements for the site with the incoming and outgoing traffic flow altered to minimise Bunnings traffic impact on local roads.


Previously RMS (now Transport for NSW) has not supported the provision of traffic signals directly onto Princes Highway due to the close proximity of existing traffic signals and the associated ‘see through’ effect. Recent communications from Transport for NSW (TfNSW) indicated that they may be able to review their position on the matter, provided that the relevant assessments be undertaken.


Inner West Council sought comments from TfNSW to ensure that the feasibility study is undertaken in accordance with their guidelines and requirements. A project scope was issued by TfNSW covering a range of issues and this was adopted in the scope of the proposed feasibility study. The scope of the study includes consideration of road safety implications, transport network impacts, site specific constraints and community/resident impacts. 


Council subsequently engaged Traffix to commence the feasibility study. The timeframe for the project will comprise of:


Stage 1 investigation works:  early August 2022 (draft report expected 5 August 2022)

Stage 2 liaising with Bunnings, Ikea and TfNSW: Mid-late August 2022


As part of the study, Council staff seek to hold discussions between Council, Ikea and Bunnings on internal design changes to support revised entry and exit arrangements.  These discussions will take place at stage 2 and will follow after the technical investigation has drawn to a close.



The feasibility study outcomes do not form part of the development consent provided to Bunnings by the original decision of the SECPP.  Effective provision for traffic signals to manage traffic generated by the development is dependent upon Bunnings including this as part of a further modified development application.  This would require them to modify their design layouts at their cost.


In the event the applicant decides not to take up the opportunity to modify the consent and include traffic signals, they are able to progress with the original consent, pursuing the adoption of the Tempe South LATM scheme as required under conditions 68A of the original development approval.


Recent SECPP Communications


On 3 August 2022 Senior Manager Planning received a meeting invitation from the Panel Secretariat of the SECPP for a briefing on 19 August 2022.  Clarity was provided in a follow up phone call that having received the General Manager’s letter requesting a deferral the Chair wishes to understand the complexities around the consideration of the application and the community engagement of the LATM scheme, especially given the notice of a Class 1 Appeal by the Applicant to the Land and Environment Court.


At this meeting it is likely the Chair will decide how the Panel wishes to proceed in the light of the Appeal and relevant timeframes for an outcome on the LATM scheme engagement. 


Update on Feasibility Study


A draft feasibility study has been provided this week to council officers and is currently under review.








SECPP the Record of Deferral dated 13 April 2022


Correspondence dated 14 July from the Chair of the Sydney Eastern City Planning Panel


General Manager Letter to SECPP


Council Meeting

9 August 2022


Attachment 1

Council Meeting

9 August 2022


Attachment 2

Council Meeting

9 August 2022


Attachment 3