Council 25 February 2019 Item 14.2 INNOVATIVE · 2020-02-27 · Council 25 February 2019 Item 14.2 - 585 - SUMMARY 1. In August 2015, a planning proposal was lodged for 55 Aird Street

Council 25 February 2019 Item 14.2

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INNOVATIVE

ITEM NUMBER 14.2

SUBJECT Planning Proposal for land at 55 Aird Street, Parramatta

REFERENCE RZ/18/2015 - D06605111

REPORT OF Project Officer LANDOWNER Charles Apartments APPLICANT Pacific Planning Pty Ltd PURPOSE: To seek Council’s direction regarding the progress of the planning proposal for land at 55 Aird Street, Parramatta as the Relevant Planning Authority.

RECOMMENDATION (a) That Council, in response to the Department of Planning and Environment’s

letter of 6 November 2018 which requested that Council proceed with the planning proposal at 55 Aird Street Parramatta, supports the recommendations of the post-Gateway review made by the Independent Planning Commission which upholds the Gateway Determination.

(b) That Council as the Relevant Planning Authority proceed with the planning

proposal in accordance with the Gateway Determination. (c) That Council invite the applicant to submit a planning agreement consistent

with the CBD planning proposal and Value Sharing Policy previously endorsed by Council.

(d) Further, that the outcome of the planning agreement negotiations and the

draft development control plan be reported to Council prior to their exhibition, with both to be exhibited with the planning proposal.


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SUMMARY 1. In August 2015, a planning proposal was lodged for 55 Aird Street Parramatta

which sought to increase the Height of Buildings control on the site from 36 metres (11 Storeys) to 120 metres (38 storeys) and to increase the floor space ratio from 4.2:1 to 20:1.

2. At its meeting on 9 May 2016, Council resolved to endorse the planning

proposal with a floor space ratio of 10:1 and no height limit (subject to Federal Government airspace provisions). The resolution was subsequently forwarded to the Department of Planning and Environment for a Gateway Determination.

3. A Gateway Determination (Attachment 2) was issued by the Department in

November 2017 which conditioned, amongst other things, that the FSR sliding scale under Clause 7.2 of the Parramatta Local Environmental Plan 2011 be applied, meaning that the effective FSR for the site is 6:1, or 6.9:1 with a Design Excellence bonus.

4. In February 2018, the Department received a post-Gateway review request

from the applicant which objected to the FSR sliding scale provisions and certain other conditions of the Gateway Determination.

5. In its submission to the Independent Planning Commission during the post-

Gateway review, Council resolved to not support the Gateway Determination and to withdraw its support for the planning proposal. Instead, Council resolved to support an FSR of 4.2:1 which is the current Parramatta Local Environmental Plan 2011 control.


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6. In October 2018 the Independent Planning Commission issued its recommendations which upheld the Gateway Determination in its entirety (Attachment 3).

7. The Department subsequently wrote to Council requesting Council progress the

planning proposal (Attachment 4). 8. Council has two options:

a. First, it can maintain its previous resolution to not support the planning proposal. The implications of this decision are that the Department is likely to nominate another Relevant Planning Authority which would progress the planning proposal in place of Council.

b. Alternatively, Council can reverse its previous resolution and proceed with

the planning proposal in accordance with the Gateway Determination. By doing so, Council would have greater control over the eventual drafting of a Development Control Plan and negotiation of a Planning Agreement.

9. Given the planning controls proposed in the site-specific planning proposal are

likely to be implemented eventually via the CBD planning proposal and that the likelihood that an alternate Relevant Planning Authority would be issued for this site-specific planning proposal if Council decides not to proceed with it, the second option is recommended given it simplifies the associated Draft DCP and Draft Planning Agreement processes.

10. A more detailed background report is provided at Attachment 1. Marko Rubcic Project Officer Land Use Jonathan Carle Service Manager Land Use Planning Jennifer Concato Acting Director Strategic Outcomes and Development

ATTACHMENTS: 1⇩ Background Report 5 Pages 2⇩ Gateway determination 4 Pages 3⇩ IPC Advice regarding 55 Aird St 13 Pages 4⇩ Letter from DPE following Gateway Review 1 Page

Item 14.2 - Attachment 1 Background Report

Attachment 1 Page 587

BACKGROUND REPORT

INTRODUCTION 1. The subject site is located at 55 Aird Street Parramatta, as shown in Figure 1.

The site has an area of 658 square metres and is adjoined by a Westfield loading dock and carpark immediately adjacent to the western and southern boundaries, retail tenancies to the east and the northern boundary fronts Aird Street. Demolition of the building on the site was granted development consent (DA/1045/2017) and demolition has occurred. The site currently contains a concrete pad as the only remaining portion of the building.

Figure 1: Aerial view of the site (site shown outlined in yellow)

Figure 2 View of the site from Aird Street



BACKGROUND 2. In August 2015, Council received a planning proposal for the site which sought

to increase the Height of Buildings control from 36 metres (11 storeys) to 120 metres (38 storeys) and to increase the floor space ratio from 4.2:1 to 20:1.

3. At its meeting on 9 May 2016, Council resolved:

(a) That Council endorses the revised planning proposal contained at

Attachment 1 to;

· permit a floor space ratio of 10:1 with design excellence and high performance building provisions and with any commercial floor space above the 1:1 not being included in the FSR consistent with the City Centre Planning Framework

· apply no height limit but apply Clause 7.6 Airspace Operations to this

site to require consideration of Federal Government airspace

provisions

· require 1:1 commercial floor space (included in the 10:1 FSR)

(b) That a revised reference design and Site Specific DCP be prepared by

the applicant at an FSR of 10:1 and submitted to Council.

(c) That the planning proposal as amended and revised reference design be

forwarded to the Department of Planning and Environment for Gateway

determination.

(d) That Council advise the NSW Department of Planning and Environment that the CEO will be exercising the plan-making delegations for this planning proposal as authorised by Council on 26 November 2012.

(e) That Council invite the applicant to submit a Voluntary Planning

Agreement (VPA) consistent with the CBD planning proposal and Value

Sharing Policy.

(f) That the outcome of the VPA negotiations and the Draft DCP be reported

to Council prior to exhibition of the draft VPA, draft DCP with both to be

exhibited with the planning proposal.

(g) Further, that Council authorise the CEO to correct any minor policy

inconsistencies and any anomalies of an administrative nature relating to

the planning proposal, Draft DCP and VPA documentation that may arise

during the plan amendment process.”

4. Following receipt of the revised reference design referred to in resolution (b)

above, the planning proposal was forwarded to the NSW Department of Planning and Environment in August 2017 for a Gateway Determination.

5. A Gateway Determination was issued by the Department in November 2017

which permits the public exhibition of the planning proposal subject to conditions (Attachment 2). The conditions include a requirement that the Floor Space Ratio sliding scale under Clause 7.2 of Parramatta Local Environmental Plan 2011 be applied, meaning the effective FSR for the site is 6:1, or 6.9:1 with the Design Excellence bonus.



6. In February 2018, the Department received a Gateway review request from the applicant objecting to conditions 1(c), 1(d) and 1(e) of the Gateway Determination which provide for the following:

· Ensure the sliding scale provisions of Clause 7.2 of the Parramatta LEP 2011 apply to the subject site;

· Require a minimum commercial FSR of 1:1 (included as part of the 10:1 FSR), but remove the reference to commercial floor space incentives over and FSR of 1:1;

· Remove the reference to High Performing Building Incentives; 7. At its meeting in April 2018, a report was provided to Council to determine

whether it would make a submission to the Department on the applicant’s Gateway review request. Council rescinded its support for the Gateway Determination and resolved:

(a) That Council supports an FSR of 4.2:1 which is the current LEP control; (b) That Council does not support the Gateway Determination for 55 Aird

Street, Parramatta; and (c) Further, that Council advise the NSW Department of Planning and

Environment that it withdraws the planning proposal from Gateway Determination.

8. Council’s position was accordingly forwarded to the Department. OUTCOME OF THE POST GATEWAY REVIEW 9. Despite Council’s resolution withdrawing its support for the planning proposal,

the post-Gateway review was still considered by the Independent Planning Commission with its recommendations issued in October 2018 (Attachment 3).

10. The Commission supported Condition 1 of the Gateway Determination in its entirety and did not support the applicant’s amendments. The Commission’s advice concludes:

· The controls sought by the applicant would undermine the strategic planning objectives for the Parramatta CBD;

· The site is unable to accommodate a building of the size and scale envisioned by the applicant without compromising on urban design outcomes; and

· The Gateway conditions imposed by the Department are appropriate.

11. In communicating the decision of the Commission to Council, the Department wrote to Council requesting Council progress the planning proposal (Attachment 4). This is despite Council having advised the Department prior to the Gateway Review being determined it no longer wishes to proceed with the planning proposal.

12. The applicant has advised they would now like Council to continue processing the site-specific planning proposal, in accordance with the Department’s Gateway conditions that were supported by the Independent Planning Commission.



CONSIDERATION 13. Given that a Gateway Determination has been issued, the Commission have

reached the conclusion that the planning proposal has merit and can proceed subject to the conditions in the Gateway Determination being satisfied. The Gateway conditions in this case are procedural and it would be straightforward for Council to satisfy these conditions to allow the planning proposal to proceed.

14. There is provision under the Environmental Planning and Assessment Act 1979 for Council decisions on planning proposals to be appealed via a Pre- and Post-Gateway review process. In normal circumstances, if Council resolved not to proceed with a planning proposal an applicant could ask the Department to review the matter and if the Department considered that the matter had merit they could progress the planning proposal by nominating an alternate Relevant Planning Authority who would take the place of Council in processing the planning proposal. In these circumstances Council’s role would be to make submissions on behalf of the community on the planning proposal when it is placed on public exhibition.

15. For this site-specific planning proposal, the Gateway determination controls, as

upheld by the Independent Planning Commission, are consistent with the Parramatta CBD planning proposal. The CBD planning proposal is supported by Council and received a Gateway Determination from the Department in December 2018.

16. If the applicant was to formally request the Department to nominate an

alternate Relevant Planning Authority, it is likely that the Department would support the request.

17. If Council retains its current position of not supporting the planning proposal

and an alternate Authority is nominated it makes it more difficult to coordinate and influence site-specific development controls and public benefits secured through a Planning Agreement.

CONCLUSION

18. Two options for Council in response to the Department’s letter of 6 November 2018 are:

· Option 1: maintain its current position of not supporting the planning proposal, with the likely outcome the Department will nominate another Relevant Planning Authority to replace Council as the Relevant Planning Authority.

· Option 2: support the planning proposal in accordance with the Gateway Determination subject to any site-specific Development Control Plan and Planning Agreement issues being resolved.

19. Given the controls proposed in the site-specific planning proposal are likely to be implemented eventually via the CBD planning proposal and the likelihood an alternate Relevant Planning Authority will be nominated if Council doesn’t support it, it is recommended Council adopt Option 2 as it will simplify the process of preparing the draft DCP and draft Planning Agreement.

Item 14.2 - Attachment 2 Gateway determination








Item 14.2 - Attachment 3 IPC Advice regarding 55 Aird St


























Item 14.2 - Attachment 4 Letter from DPE following Gateway Review


Parramatta City Council Page 1

FOR ACTION

COUNCIL 25/02/2019

TO: Project Officer (Rubcic, Marko)

Subject: Planning Proposal for land at 55 Aird Street, Parramatta Target Date: 27/03/2019 Notes: File Reference: <FOLDERNUMBER> D06605111

AMENDMENT (Tyrrell/Dwyer)

a) That Council, in response to the Department of Planning and Environment’s letter of 6 November 2018 which requested that Council proceed with the planning proposal at 55 Aird Street Parramatta, supports the recommendations of the post-Gateway review made by the Independent Planning Commission which upholds the Gateway Determination.

b) That Council as the Relevant Planning Authority proceed with the planning proposal

in accordance with the Gateway Determination. c) That Council invite the applicant to submit a planning agreement consistent with the

CBD planning proposal and Value Sharing Policy previously endorsed by Council. d) Further, that the outcome of the planning agreement negotiations and the draft

development control plan be reported to Council prior to their exhibition, with both to be exhibited with the planning proposal.

The amendment was put and carried, became the motion and was carried. Open Item in Minutes

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Council 25 February 2019 Item 14.2 INNOVATIVE · 2020-02-27 · Council 25 February 2019 Item 14.2 - 585 - SUMMARY 1. In August 2015, a planning proposal was lodged for 55 Aird Street