Council 14 November 2022 Item 13.1 A
ITEM NUMBER 13.1 A
SUBJECT LATE REPORT - ADVICE OF THE LOCAL PLANNING PANEL: Post-exhibition - Planning Proposal, draft Development Control Plan and draft Planning Agreement for 195 Church Street, 65-79 Macquarie Street, 38 and 45 Hunter Street, Parramatta (St John's Anglican Church)
REFERENCE RZ/5/2018 - D08760803
REPORT OF Land Use Planning Team Leader
REFERENCES Post-exhibition - Planning Proposal, draft Development Control Plan and draft Planning Agreement for 195 Church Street, 65-79 Macquarie Street, 38 and 45 Hunter Street, Parramatta (St John's Anglican Church)
CSP THEME: Innovative
workshop/briefing date:
9 november 2022
PURPOSE:
To advise Council of the following:
· The recommendation of the Local Planning Panel following their consideration of the post exhibition report (Item 5.1) at the 9 November 2022 Special Meeting on the St John's Anglican Church Planning Scheme; and
· The revised Council officer recommendation for the Report on the 14 November 2022 Business Paper (Item 13.1) that incorporates the minor amendments to the Report recommendation suggested by the Local Planning Panel (as shown in bold and underlined).
Revised recommendation for Item 13.1 incorporating the Local Panning Panel’s amendments:
(a) That Council note 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 forward 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 approve the DCP controls at Attachment 2 including the amendments summarised at Table 10 in Attachment 6.
(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.
DISCUSSION
1. The Parramatta Local Planning Panel considered a Report (Item 5.1) and the attachments to Item 5.1 at a Special Meeting on 9 November 2022 on the exhibition outcomes of the Planning Proposal, draft Development Control Plan and draft Planning Agreement (Planning Scheme) for land at 195 Church Street, 65-79 Macquarie Street, 38 and 45 Hunter Street, Parramatta (St John's Anglican Church site).
2. The Minutes from the 9 November 2022 Meeting of the Local Planning Panel on Item 5.1 are at Attachment 1.
3. The Panel supported the Council officer recommendation subject to minor amendments. Council officers support the minor amendments recommended by the Panel as shown in bold and underlined in the recommendation of this Report as it is considered that they improve clarity and do not change the intent of the recommendation.
Janelle Scully
Land Use Planning Team Leader
Robert Cologna
Group Manager, Strategic Land Use Planning
Jennifer Concato
Executive Director City Planning and Design
John Angilley
Chief Financial and Information Officer
Bryan Hynes
Acting Chief Executive Officer
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Attachment 1 to 14 Nov 22 Report - LPP Minutes 09112022 |
5 Pages |
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