Item 11.2 - Attachment 5

Summary of Submissions and Comments

Summary of Submissions and Comments

Issue raised in submission	Comment in response
Objects to transfer of floor space ratio (FSR) across the site, allowing a height of 18 metres. Considers any development on the subdivided site should not exceed the height of the Old Kings School Main Building or Old Dormitory. Considers that building height of 18m should not have been allowed under the Parramatta City Centre Local Environmental Plan (CCLEP) 2007. Would like to see some of the FSR accommodated in two storeys underground. Objects to FSR transfer prior to an exhibited development proposal and assessment of the site by heritage professionals.	The redistribution of FSR across the site will provide additional development potential for the proposed “L” shaped site, which mostly has a maximum allowable height of 18m already under the CCLEP. Whilst habitable rooms in a basement are included in floor space ratio calculations, the form and height of future development for the site is not a matter being assessed as part of the Planning Proposal. (Archaeological investigations would be necessary for any below ground excavation). The maximum height limits specified are not “as of right” and must be justified at development application stage to comply with the objectives of the building height controls in the City Centre LEP, including heritage impact (by way of a heritage impact assessment), view considerations and urban design principles. Additionally, the NSW Heritage Council must give approval under the Heritage Act for such development.
Considers that views into, out of and across the site have not been considered and that development should not be visible from any part of the Old Kings School complex, and other nearby public vantage points as well as view catchments into and out of Parramatta Park.	Historic Views in the Parramatta City Centre are identified in the Parramatta Development Control Plan (DCP) 2007 and must be addressed when a development application for the site is prepared and considered. The form and height of future development for the site is not a matter that is being assessed as part of the Planning Proposal.
Considers that the area between the heritage buildings and the river, including the oval should be rezoned for Open Space.	An area of the site along the river frontage is already zoned for public open space (RE1 Public Recreation). A B4 Mixed Use zone applies to the majority of the site, including the oval and provides more flexibility for future uses of the site, including events and festivals. The heritage significance of the site includes not only the buildings, but also the cultural landscape, which includes the river frontage and heritage listed oval. As such, it is not considered necessary to rezone the oval area for public open space, which would potentially place a substantial financial liability on Council if it was to be the acquiring authority.
Supports the NSW Heritage Council comments and policy for the site and the need for a development control plan for the site, to protect the heritage significance of the Old Kings School site.	Noted, see comments below.
Does not agree with the proposed right of way and reasons outlined in the Heritage Council’s letter. Concerned about access from Marsden Street (Marist Place) for vehicular access due to traffic hold ups at Market Street intersection and traffic associated with events at St Patrick’s cathedral. Considers that vehicular access should be from O’Connell Street.	The right of way is not part of the Planning Proposal. It is a matter to be addressed as part of the subdivision of the “L” shaped site, which requires the approval of the Heritage Council under the Heritage Act. Future access points to new development on the “L” shaped site cannot be assessed in the absence of development plans for the site and is a matter for future development applications.
Comments about potential future uses for the Old Kings School site, supports use of oval for landscape green and community events. Suggests possible future uses of buildings such as an arts centre, sports medicine facility, sports training, a specialist gym, high standard youth hostel to support backpackers and conference accommodation (e.g. Youth Hostels Australia).	Noted. Not a matter for consideration as part of the Planning Proposal. However, the submission will be referred to the Crown Lands Reserve Trust, the owners of the site.
HERITAGE COUNCIL COMMENTS are summarised below (Heritage Council letter dated 13 December 2011 is included as Attachment 2 to Council report).	Comment in response
Does not support a consistent maximum 18m height limit over the whole of the “L” shaped site. Considers that the “tail” should be reduced to 10m to provide a transition between the new development and the Old Kings School site and to protect the heritage significance and setting of these buildings.	It is desirable that the boundary between the 18m and 10m be aligned to the subdivision boundary to simplify the application of the planning controls to the two sites. The maximum height limits specified are not “as of right” and must be justified at development application stage to comply with the objectives of the building height controls in the City Centre LEP, including heritage impact (by way of a heritage impact assessment), view considerations and urban design principles. Additionally, the NSW Heritage Council must give approval under the Heritage Act for such development.
Supports the increase in FSR to 1.52:1 on the “L” shaped site as this is consistent with the Conservation Management Plan for the site endorsed by the Heritage Council.	Noted
Considers that the new development on the “L” shaped site should be guided by the Conservation Management Plan, which should be included in a development control plan for the site to ensure that the new development does not adversely impact on the heritage significance of the Old Kings School site and in particular the heritage significance and setting of the Main School building, School Complex and Dormitory building.	Future development of the site will require approval under the Parramatta City Centre LEP 2007, (together with the Parramatta DCP 2007) and also approval of the NSW Heritage Council under the NSW Heritage Act 1977. The Heritage Act provides for the consideration of any applicable Heritage Conservation Management Plan endorsed by the Heritage Council as part of the assessment process. It is considered that the existing legislative framework allows for full and detailed consideration of the impacts of future development proposals on this important heritage precinct, without the need for adding further development control provisions.
Does not support the proposed right of way from Marist Place and associated turning bay. Prefers that the existing vehicle access points should be used for access to the “L” shaped site.	The right of way is not part of the Planning Proposal. It is a matter to be addressed as part of the subdivision of the “L” shaped site, which requires the approval of the Heritage Council under the Heritage Act.