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Late Agenda

Ordinary Council Meeting

19 October 2020

The meeting commences at 6.30pm. If members of the public are

not interested in any business recommended to be considered in

Closed Session or there is no such business, Council will ordinarily

  commence consideration of all other business at 7pm.

 

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Notice of Meeting

 

Dear Councillors

 

Notice is given of the Ordinary Council Meeting, to be held in the Council Chambers on Monday 19 October 2020 commencing at 7:00 PM. The business to be transacted at the meeting is included in this business paper.

 

Craig - GMYours faithfully

 

 

 

 

Craig Wrightson

General Manager

 

Council Meeting Procedures

 

The Council meeting is chaired by the Mayor, Councillor Pam Palmer. Councillors are entitled to one vote on a matter. If votes are equal, the Chairperson has a second or casting vote. When a majority of Councillors vote in favour of a Motion it becomes a decision of the Council. Minutes of Council and Committee meetings are published on Council’s website www.lanecove.nsw.gov.au by 5pm on the Thursday following the meeting.

 

The Meeting is conducted in accordance with Council's Code of Meeting Practice. The order of business is listed in the Agenda on the next page. That order will be followed unless Council resolves to modify the order at the meeting. This may occur for example where the members of the public in attendance are interested in specific items on the agenda.

 

Council uses the online video conferencing platform Zoom for the Public Forum. A link to the video conference, which will include all Councillors attending the Council meeting, will be made available for community members to participate. All speakers wishing to participate in the public forum must register by using the online form no later than midnight, on the day prior to the meeting (i.e. Sunday 18 October) and a Zoom meeting link will be emailed to the provided email address. Please note that the time limit of three minutes per address still applies so please make sure your submission meets this criteria. Alternatively, members of the public can still submit their written address via email to service@lanecove.nsw.gov.au. Written addresses are to be received by Council no later than midnight, on the day prior to the meeting. (500 words maximum).

 

If you do not understand any part of the information given above; require assistance to participate in the meeting due to a disability; or wish to obtain information in relation to Council, please contact Council’s Executive Manager – Corporate Services on (02) 9911 3550.

 

Please note meetings when held in the Council Chambers are recorded on tape for the purposes of verifying the accuracy of minutes and the tapes are not disclosed to any third party under the Government Information (Public Access)  Act 2009, except as allowed under section 18(1) or section 19(1) of the PPIP Act, or where Council is compelled to do so by court order, warrant or subpoena or by any other legislation

.

 

 

 


Ordinary Council 19 October 2020

TABLE OF CONTENTS

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

OPENING OF MEETING WITH PRAYER

 

ACKNOWLEDGMENT TO COUNTRY

 

NOTICE OF WEBCASTING OF MEETING

 

MATTERS RECOMMENDED BY THE GENERAL MANAGER TO BE CONSIDERED IN CLOSED COMMITTEE

 

public forum

 

Members of the public may address the Council Meeting on any issue for 3 minutes.

 

CONFIRMATION OF MINUTES

 

1.      ORDINARY COUNCIL MEETING - 21 SEPTEMBER 2020

 

Orders Of The Day

 

Officer Reports for Determination

 

2.       29-57 Christie St, St Leonards  

 

 

 

 

                        


 

Ordinary Council Meeting 19 October 2020

29-57 Christie St, St Leonards

 

 

Subject:          29-57 Christie St, St Leonards    

Record No:    SU571 - 61468/20

Division:         General Managers Unit

Author(s):      Craig Wrightson 

 

 

Executive Summary

 

This report outlines a proposed Voluntary planning Agreement (VPA) with the developer, Arrow Capital Partners and Starwood Capital Group, for the property 29-57 Christie Street, St Leonards. The VPA will enhance the public domain in the St Leonards Commercial Core, including the adjacent open space doubling in size.  The report recommends that the proposed VPA be endorsed and placed on public exhibition for 28 days when the Development Application is advertised.

 

Background

 

Arrow Capital Partners and Starwood Capital Group propose to undertake a commercial and retail development at 29-57 Christie Street, St Leonards. The land is currently zoned B3 Commercial Core. The proposed development includes:-

 

(a)  concept plan approval for three building envelopes comprising 8 storeys (Building A), 12 storeys (Building B) and 16 storeys (Building C) to be developed in two stages with a total floor space of 57,267sqm comprising commercial office and retail uses (Concept Plan);

 

(b)  Stage 1 DA for the demolition of the existing building located on the southern portion of the Land and construction of two commercial buildings, identified as Building A and Building B (with the construction of Building C to be part of a future DA); and

 

(c) public domain works (to be provided in stages),

 

The developer is proposing to enter into a Voluntary Planning Agreement to provide:-

 

·    Two through site links and embellished Council footpaths including improved ground plane pedestrian connectivity for Nicholson and Christie Streets;

·    Public Open Space Upgrades, including embellishment of the existing public open space known as Christie Street Reserve and a new publicly accessible open space (referred to as the “civic green”) adjacent to the Christie Street Reserve;

·    Provision of public toilets servicing the open space; and

·    A Grade Commercial Office Space incorporating best practice sustainability principles.

 

 

Subdivision 2, Division 6 of Part 4 of the Environmental Planning and Assessment Act 1979 sets out the system of planning agreements in NSW. Section 7.4 (1) A planning agreement is a voluntary agreement or other arrangement under this Division between a planning authority (or 2 or more planning authorities) and a person (the developer).... (c) who has entered into an agreement ... under which the developer is required to dedicate land free of cost, pay a monetary contribution, or provide any other material public benefit, or any combination of them, to be used for or applied towards a public purpose.”

 

A public purpose is defined in Section 7.4 (2) and includes (without limitation) any of the following:

 

a)   “the provision of (or the recoupment of the cost of providing) public amenities or public services;

b)    the provision of (or the recoupment of the cost of providing) affordable housing;

c)   (the provision of (or the recoupment of the cost of providing) transport or other infrastructure relating to land;

d)   the funding of recurrent expenditure relating to the provision of public amenities or public services, affordable housing or transport or other infrastructure;

e)   the monitoring of the planning impacts of development; and

f)    the conservation or enhancement of the natural environment.”

 

Discussion

 

The existing development was approved in October 1989 and was given additional commercial floor space at the time in return for the site incorporating:-

·    A 40 place Long Day Care centre

·    Gymnasium

·    20m heated Swimming Pool

·    Tennis Court

·    Community Centre

 

A positive covenant in Council’s favor was registered on the land for the provision of these elements, however there is no visibility of the requirements in Council’s current documents. The elements are currently essentially delivered by the Fitness First Gymnasium and Child Care Centre currently on the site. There is currently no community centre or tennis court on site.

 

The proposed development is generally consistent with the recently released final version of the St Leonards Crows Nest 2036 Plan in terms of height (7 storeys less on the northern, higher building and 1 -2 storeys higher on the southern buildings) and they are compliant with the FSR. It is  therefore considered the previous public benefits are no longer a direct offset for the scale of the proposed development. It is noted a gymnasium and pool are proposed to be incorporated into the new facility and a child care is under consideration.

 

To offset the current proposal, the applicant is proposing to enhance the public domain which will see the open space double in size. The full proposal under the VPA includes:-

 

1.   Provision of two through-site links between Oxley Street and Nicholson Street to Christie Street Reserve, improved ground plane pedestrian connectivity for Nicholson and Christie Streets and embellishment of footpaths within Council reserves to Oxley, Christie, and Nicholson Streets. The through-site links will offer publicly accessible landscaped connections through the site and allow opportunities for lighting and artistic displays.  The works are estimated at $3.4M.

 

2.   Upgrade and embellishment of an existing public open space known as Christie Street Reserve and embellish a new publicly accessible open space (referred to as the “civic green”) adjacent to the Christie Street Reserve. The embellishment of the Christie Street Reserve and the Civic Green will provide opportunities for passive recreation with the provision of terraced lawns, a plaza space, and breakout seating areas.  Other embellishment works include new tree plantings along the Christie Street verge, and upgrades to existing pathways. The works are estimated at $5.7M

 

The total overall publicly accessible open space that will be provided is 4,100 sqm (comprising 2,100 sqm within the subject site and 2,000 sqm within the existing Christie Street reserve) and will be maintained by the Developer in perpetuity. The ongoing maintenance of the Christie Street Reserve and the Civic Green will be managed through an enduring obligation covenant registered on the title of the Land. The value of the maintenance is estimated at $2M.

 

3.   Provision of new public toilets accessible from Christie Street, including ongoing maintenance and cleaning in perpetuity. The value of the works is estimated at $0.25M and maintenance is estimated at $2.5M. An open space of this size would typically have access to toilets, which are currently not available.

 

4.   Development of A Grade Commercial Office and Retail within the developed that achieves best practices Sustainability.

 

The Development will be required to pay s7.11 Developer Contributions to contribute to broader infrastructure. The VPA would remove the existing Positive Covenant obligations in relation to the 1989 development approval.

 

The Development Application will be of a scale that the North District Planning Panel will be the consent authority for the development. However, prior to the NDPP’s consideration of the matter, Council will need to determine whether or not to enter into the VPA in exchange for a community space following the consultation. As the VPA has to be advertised in conjunction with the Development Application, it is proposed Council given notice of its intention to enter the VPA and undertake consultation as follows.

 

Community Consultation

 

Statement of Intent

 

The consultation is designed to permit public submissions on the proposed VPA for the redevelopment of 29-57 Christie Street, St Leonards. Any comments received will be reviewed and evaluated as part of any determination as to whether or not to accept the benefits proposed in the VPA.

Method

 

Level of Participation

Inform

Consult

Form of Participation

Open

Targeted

Target Audience

Lane Cove Community and community groups

Properties in the vicinity.

Local community associations.

Proposed Medium

Advertisement and

eNewsletter. Social Media,

Website Exhibition and Online Survey

 

Notification Letters

Indicative Timing

In conjunction with the Development Application (28 days)

In conjunction with the Development Application (28 days)

Conclusion

 

The proposed VPA will provide additional open space, connectivity and amenity in the St Leonards Commercial Core Precinct. Council can endorse the proposed VPA for the purpose of public consultation prior to finally determining whether to enter into the VPA.

 

 

 

Craig Wrightson

General Manager

General Managers Unit

 

 

RECOMMENDATION

That:-

1.   The report be received and noted;

2.   Council give notice of its intention to enter into a Voluntary Planning Agreement as outlined in the report with the developer of the subject site in accordance with the consultation strategy outlined in the report in conjunction with the Development Application for 28 days;

3.   Following the community consultation, a further report be submitted to Council for determination.

 

 

 

 

 

Craig Wrightson

General Manager

General Managers Unit

 

 

ATTACHMENTS:

There are no supporting documents for this report.