Have Your Say

3 amended Mirvac DAs are on exhibition for submissions until 19th July 2022

860/2022/JP – Concept Masterplan covering all dwellings proposed for the site: 165 (previously 166) houses & 252 apartments, total 417 dwellings

861/2022/JP – Apartments Precinct – detailed DA for the 252 apartments

859/2022/JP – Southern Housing Compound – detailed DA for the first 60 (previously 61) houses

There are 3 DAs so you can make 3 individual submissions or a combined submission. Make sure your heading is clear eg ‘This submission is for 3 DAs - 859/2022/JP, 860/2022/JP and 861/2022/JP. I object to these DAs for the following reasons:’

Submissions can be any length from a single sentence to several pages - every submission counts, however short it is.
You can make more than one submission, just include 'additional' in the heading.

Make sure you include your name and contact details in your submission.

Suggestions for objecting to these DAs are in the dropdown text below - you may have other ideas too. Please try to state your objections in your own words, rather than using ‘copy & paste’.

Apartment Precinct Height Exceedances

  • When the site was rezoned, DPIE set a maximum height limit of 22m for the apartment precinct. The proposed apartment blocks all exceed the maximum height limit. The height exceedance is up to 23%.

  • The indicative masterplan that was included with the rezoning proposal showed up to 6 storeys for the apartments. The proposed apartments are all 8 storeys.

  • The apartment yield is reduced because Asset Protection Zones are not allowed to impact on the E2 zones and because Mirvac has chosen to build an increased number of larger apartments. The latter is a commercial decision made by Mirvac and does not justify building additional storeys, in order to mitigate the reduced yield.

  • 8-storey apartments on this site are inconsistent with the Hills Shire Council Corridor Strategy which addresses development at the seven Metro stations. This strategy considers 3 to 6 storey development appropriate for the Cherrybrook Station Precinct, with a maximum of 8 storeys immediately adjacent to the station but reducing in height with increased distance from the station.

  • Allowing 8 storeys on this site will set a precedent for other developments in the area. Although part of this site is within 800m of the metro station, walking distance from the apartments is well over 1km. Other developments nearer to the station will expect to build even higher.

  • 8-storey apartments are completely out of context in this bushland setting. View impacts from Cumberland State Forest walking tracks have not been considered.

  • 8-storey apartments will tower over most of the trees and potentially be in the flight path of the Powerful Owl and other birds.

  • The 8-storey apartment blocks will cause overshadowing and privacy issues for the adjacent housing and open space.

Southern Housing Precinct Height Exceedances

  • 37 of the 60 (previously 38 out of 61) houses exceed the maximum building height of 12m, or 9m along the boundary with Coonara Ave. The amended plans have increased the height exceedances of some dwellings by more than 1m.

  • The maximum heights set by DPIE apply to existing ground levels. Mirvac is proposing substantial earthworks including cut and fill to establish a new ground level. Even measured from this new ‘finished ground level’, 6 houses still exceed the maximum permitted height.

Tree Removal

  • A further 1877 (previously1809) trees are proposed for removal (in addition to the 1,253 trees already approved under the demolition DA).

  • 863 (previously 820) or more than 45% of these trees are medium, high or very high landscape value with a further 40+ years lifespan

  • As with the demolition DA, a clear-fell approach is being used without any attempt to save existing trees in the development footprint.

  • Many of the trees are simply being removed due to excavation in proximity to the roots. Reducing cut and fill earthworks could allow more trees to be saved.


  • There is insufficient parking and storage for the apartments. Although it complies with ADG rules, Hills Shire Council requires a more generous allowance. The apartments are well over 1km from the station. The argument of needing less parking because part of the site is within 800m of the station is clearly inappropriate.

  • With fewer parking spaces, apartment residents may resort to using the visitor spaces, and visitors will then be forced to use local streets and the nearby shopping centre.

  • Rainwater tanks of 1500 litres for the houses are inadequate.

  • Selecting dark roof colours for the medium density houses will create an urban heat island.

  • Native plants that are not local should not be used for landscaping. There are plenty of Blue Gum High Forest species that can used instead.

Send your submission to:

cmckenzie@thehills.nsw.gov.au; posborne@thehills.nsw.gov.au; medgar@thehills.nsw.gov.au;


mayor.gangemi@thehills.nsw.gov.au; clr.hodges@thehills.nsw.gov.au; clr.tracey@thehills.nsw.gov.au;

clr.cox@thehills.nsw.gov.au; clr.jethi@thehills.nsw.gov.au;

Include your name and contact details.

The official closing date for submissions is 19th July 2022. If you miss that date, please send your submission anyway. Council has assured us that late submissions will be considered whenever possible.

Click on the link to read the submission from WPHVPA lodged with Council on 6th February, the additional submission from WPHVPA lodged with Council on 12th March, and the additional submission dated 2022-06 lodged with Council on 16th June.