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DETERMINATION
The
Parramatta Local Planning Panel provides the following recommendation to
Council:
(a) That
Council notes the submissions received in response to the exhibition of the
Planning Proposal, Development Control Plan (DCP) amendment and Planning
Agreement as summarised in Attachment 4 for the St John’s
Anglican Church Site.
(b) That Council
note the Department of Planning
and Environment’s (the DPE) preliminary findings for the ‘SEPP 2
work’ as outlined in their letter dated 17
October 2022 at Attachment 5
and advise the DPE that the additional
commercial floor space sought by the subject Planning Proposal, for the
portion of the subject site proposed to be zoned B3 Commercial Core, has been
assessed in regard to the findings and recommendations for the Western Edge
Precinct outlined in the DPE’s advice with the conclusion that a tall,
slender tower with an appropriate street wall consistent with the site
specific DCP (as amended) is consistent with the principles outlined in the
DPE’s letter.
(c) That
Council approve the finalisation of the Planning Proposal (at Attachment 1)
for land at 195 Church Street,
65-79 Macquarie Street, 38 and 45 Hunter Street, Parramatta as follows:
a. For the
northern development site:
i. Rezone
from B4 - Mixed Use and SP1 – Special Activities (Place of Public
Worship) to part B3 - Commercial Core and part SP1 - Special Activities
(Place of Public Worship);
ii. A
maximum Height of Building Control of 211 RL; and
iii. A maximum FSR of
17.5:1 (or 16:1 exclusive of Design Excellence bonus), made up of a mapped
FSR of 10:1 (plus 1.5:1 design excellence bonus) and a site-specific clause
permitting a maximum FSR of 6:1 for office uses.
b. For the
southern development site:
i. Include
on the Land Reservation Acquisition (LRA) map at 41-45 Hunter Street a 6m
wide accessway along the boundary to the rail line;
ii. Application
of the FSR sliding scale; and
iii. Allow basement car
parking on small portion of SP1-zoned land.
c. The
following amendments:
i. For
the northern development site:
1. Amendments
to include site specific local provisions that address:
a. Conversion
of the exhibited provision relating to Unlimited Commercial Floor Space to an
equivalent nominated FSR control for office uses of 6:1;
b. Limiting
the height to 211 RL inclusive of a design excellence bonus; and
c. A
requirement for a site specific DCP to be prepared that provides for
identified matters to be satisfied including the outcome for St John’s
Parish Hall.
ii. For
the southern development site:
1. Removal
of the following provisions as they are consistent with the finalised
Parramatta Local Environment Plan (LEP) 2011 (Amendment No. 56) and are no
longer required:
a. A
maximum Height of Building Control of 211 RL; and
b. A
maximum FSR of 10:1.
iii. For
both development sites:
1. Removal
of the following provisions as they are consistent with the finalised
Parramatta LEP 2011 (Amendment No. 56) and are no longer required:
a. Parramatta
Square solar access,
b. Aerospace
investigations, and
c. Car
parking.
2. Amendments
to address the following two minor Gateway compliance issues discussed in
this report:
a. Addressing
the Direction on Remediation of Contaminated Land in the Planning Proposal
document; and
b. Raising
the State infrastructure needs generated by the proposal when consulting
State Agencies.
3. Noting
the following unresolved matters raised by State Agencies are to be referred
to the DPE for their consideration:
a. Transport
for NSW: objects to the number of car parking spaces on the site;
b. Department
of Planning and Environment – Environment and Heritage Group: raises
concern about the inconsistency of the Planning Proposal with Ministerial
Direction 4.3 Flood Prone Land
c. State
Emergency Service NSW: raises concern about the flood planning and management
policy framework for the Planning Proposal and wider-CBD.
(d) That Council
forwards the amended Planning Proposal at Attachment 1
including the amendments summarised in part (c) above, for which are also
detailed in this report, to the DPE for finalisation.
(e) That Council
approves the DCP controls at Attachment 2 including the
amendments summarised at Table 10 in this report.
(f) That
Council enters into the Planning Agreement at Attachment 3 and
delegates authority to the Chief Executive Officer to sign it on behalf of
Council.
(g) That in
the event the DPE makes changes to the Planning Proposal and in response the
applicant seeks to withdraw or renegotiate the Planning Agreement (outside the
Chief Executive Officer’s delegation at (h) below), then the DCP is to
be amended to remove provisions relating to the Stage 1 DA and “Option
A” [removal of Hall] and finalised with “Option B” [partial
retention of Hall] only, thereby becoming the only option. The DCP is to be
finalised and published as soon as practicable following finalisation of the
LEP amendment.
(h) Further, that
Council delegate authority to the Chief Executive Officer to make any minor
amendments and corrections of a non-policy and administrative nature that may
arise during the plan finalisation process relating to the Planning Proposal,
DCP amendment and Planning Agreement.
The Panel decision was UNANIMOUS.
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