Ordinary Council Meeting
19 October 2020
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Notice of Meeting
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.
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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
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
Record No: SU571 - 61468/20
Division: General Managers Unit
Author(s): Craig Wrightson
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.
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.”
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
· 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.
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.
Level of Participation
Form of Participation
Lane Cove Community and community groups
Properties in the vicinity.
Local community associations.
eNewsletter. Social Media,
Website Exhibition and Online Survey
In conjunction with the Development Application (28 days)
In conjunction with the Development Application (28 days)
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.
General Managers Unit
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.
General Managers Unit
There are no supporting documents for this report.