PLANNING PROPOSAL - City of Parramatta...Planning Proposal – 48 Macquarie Street and 220-230...

PLANNING PROPOSAL 48 Macquarie Street and 220-230 Church Street, Parramatta (also known as ‘Greenway Plaza’) and surrounding lands

Planning Proposal – 48 Macquarie Street and 220-230 Church Street, Parramatta and surrounding lands

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Planning proposal drafts

Proponent versions:

No. Author Version

1. JBA Planning April 2015

Council versions:

No. Author Version

1. Parramatta City Council 20 October 2015

2. Parramatta City Council August 2016 – Section 56(1) submission to the DP&E

3. City of Parramatta Council August 2017 – Section 57(2) community consultation

4. City of Parramatta Council November 2017 – Section 57(2) community

consultation – Re-exhibition

5. City of Parramatta Council March 2018 – Section 57(2) community consultation –

2nd re-exhibition


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Contents

INTRODUCTION ..................................................................................................................................... 4

PART 1 – OBJECTIVES OR INTENDED OUTCOMES ......................................................................... 9

PART 2 – EXPLANATION OF PROVISIONS ........................................................................................ 9

PART 3 – JUSTIFICATION .................................................................................................................. 12

3.1 Section A - Need for the planning proposal ..................................................................... 12

3.2 Section B – Relationship to strategic planning framework ............................................ 14

3.3 Section C – Environmental, social and economic impact .............................................. 24

3.4 Section D – State and Commonwealth Interests ............................................................. 29

PART 4 – MAPPING ............................................................................................................................. 30

4.1 Existing controls ................................................................................................................. 30

4.2 Proposed controls .............................................................................................................. 36

PART 5 – COMMUNITY CONSULTATION ......................................................................................... 39

PART 6 – PROJECT TIMELINE .......................................................................................................... 39

Appendix 1 – Draft Site-specific clause ............................................................................................ 40

Appendix 2 – Gateway Determinations ............................................................................................. 41


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INTRODUCTION

This planning proposal seeks to amend the Parramatta Local Environmental Plan (PLEP) 2011 to modify the maximum building height and floor space ratio (FSR) controls that apply to land at 220-230 Church Street and 48 Macquarie Street, Parramatta, and lands within ‘Area 2’ of the amended Height of Buildings (HOB) Map. These amendments are sought with the intent to enable the construction of either a mixed use development incorporating a residential component, or a wholly commercial development, and to ensure that future development on this site (and surrounding lands) will not result in any overshadowing between 12pm – 2pm of the protected area of public domain within Parramatta Square.

This planning proposal has been prepared in accordance with Section 55 of the Environmental Planning and Assessment Act 1979 and the Department of Planning and Environment’s (DP&E) 'A Guide to Preparing Local Environment Plans' (April 2013) and 'A Guide to Preparing Planning Proposals' (October 2012).

Following the issue of a Gateway Determination, the planning proposal has been amended to include the following:

Amend the Floor Space Ratio Map to increase the permissible floor space ratio for the property known as No. 220-230 Church Street and 48 Macquarie Street to a total of 10:1;

Amend the solar access provisions within the Parramatta Local Environmental Plan 2011 to prohibit overshadowing of the protected area within Parramatta Square between 12pm – 2pm;

Amend the Height of Buildings Map to expand the area within the CBD that is subject to Clause 7.4 Sun Access of the PLEP 2011 to ensure the protection of solar access within the protected area of Parramatta Square; and

The application of maximum parking rates consistent with the resolution of Council of April 2017, and as endorsed by DPE in the amending Gateway Determination of 7 August 2017.

Note: This Planning Proposal was previously exhibited between Wednesday 30 August 2017 to Friday 29 September 2017 for the following reasons:

Update Part 2 – Explanation of Provisions to include a site-specific clause that provides for maximum parking rates to be applied to the site, consistent with Condition 6 of the Gateway Determination issued by the Department on 4 August 2017, and

To amend Figure 19 – Proposed HOB Map to address a drafting error in the application of the proposed new ‘Area 3’ that will apply to lands that would, under the existing height controls specified in the Parramatta Local Environmental Plan 2011, overshadow the protected area within Parramatta Square between 12pm – 2pm.

The purpose of this exhibition period is to address the omission of Figure 4.3.3.7.3 (Public Space Layout of Parramatta Square) of the Parramatta Development Control Plan 2011 within the exhibited materials, as required in Condition 2(c) of the Gateway Determination of 17 June 2016. Refer to Figure 8 of this document.


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Background and context

On 24 April 2015 Council received a planning proposal and supporting documentation for land at 48 Macquarie Street and 220-230 Church Street, in the Parramatta CBD. The Parramatta CBD is located approximately 20 kilometres to the west of the Sydney CBD. The site is within the centre of the Parramatta CBD and is in close walking proximity to the future light rail route, the Parramatta Railway Station and T-Way bus interchange.

The site has an irregular ‘L’ shape and is approximately 3,684.4m2 in size. It comprises three properties bounded by Macquarie Street to the south, Church Street and United Lane to the west, Houison Place to the north and Horwood Place to the east, see Figure 1:

Lot 1 DP702291 (230 Church Street)

Lot 1 DP 1041242 (220 Church Street)

Lot B DP 394050 (48 Macquarie Street).

Figure 1 - Site at 48 Macquarie Street and 220-230 Church Street, Parramatta subject to the planning

proposal

The site is currently occupied by three commercial and retail buildings, varying in height between two and three storeys, refer to Figures 2 to 6.

Under PLEP 2011, the site:

Is zoned B4 Mixed Use.

Has a fixed maximum building height of 12m along the portion of the site fronting Church Street (i.e. 18m deep from the Church street frontage). The maximum height for the remainder of the site, in accordance with Clause 7.4 of PLEP 2011, is subject


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to compliance with the sun access plane controls established within the Parramatta Development Control Plan 2011. Refer to Figure 13 of this document.

Has a maximum FSR of 3:1 fronting Church Street, 10:1 for the central portion and 6:1 for the eastern portion of the site in accordance with Clause 4.4 of PLEP 2011. Refer to Figure 14 of this document.

Has a site specific clause (C7.2 (3)) that allows a maximum an FSR of 11:1 to apply to the area of the site that fronts Macquarie Street if the land fronting Church Street does not exceed 2:1. This FSR can only be achieved if the land use is for a non-residential purpose. Refer to Figure 17 of this document.

Figure 2 - 48 Macquarie Street, as viewed from Macquarie Street Source: JBA


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Figure 3 - The ‘Greenway Plaza’ as viewed from Macquarie Street Source: JBA

Figure 4 - United Lane, facing north Source: JBA


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Figure 5 - 220 and 230 Church Street, as viewed from Church Street Source: JBA

Figure 6 - The Greenway Plaza, as viewed from Horwood Place Source: JBA


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PART 1 – OBJECTIVES OR INTENDED OUTCOMES

The objective of this planning proposal is to enable the redevelopment of land at 48 Macquarie Street and 220-230 Church Street, Parramatta for either a mixed use development incorporating a residential component, or a wholly commercial development in accordance with the site’s B4 Mixed Use zoning. The increase in FSR proposed in this planning proposal will facilitate the provision of housing and/or high quality employment generating floor space and support the growth of Parramatta’s CBD. This planning proposal will also modify planning controls to ensure no overshadowing occurs between 12pm – 2pm of the protected area of public domain within Parramatta Square. In this regard, the proposed amendment to the planning controls will affect sites surrounding the subject site, being 48 Macquarie Street and 220-230 Church Street, Parramatta.

PART 2 – EXPLANATION OF PROVISIONS

This planning proposal seeks to amend Parramatta Local Environmental Plan 2011 (PLEP 2011) in relation to the height and FSR controls. In order to achieve the desired objective, the following amendments to PLEP 2011 would need to be made:

1. Amend the maximum FSR in the Floor Space Ratio Map (Sheet FSR_010) from 3:1. 10:1 and 6:1 to 10:1 across the entire site. Refer to Figure 20 in Part 4 of this planning proposal.

2. Amend the Height of Building Map (Sheet HOB_010) to expand the area in the CBD to which a new ‘Area 3’ will apply, to ensure that any future development within Area 3 will not result in any overshadowing of the existing protected area of Parramatta Square. Refer to Figure 19 in Part 4 of this planning proposal.

3. Amend the wording of Clause 7.4 Sun Access to prohibit any overshadowing between

12pm – 2pm of the protected area of public domain within Parramatta Square. (Note: This provision will also apply to areas outside of the subject site). Refer to Figure 19 in Part 4 of this planning proposal.

4. Remove Clause 7.2 (3), a site specific FSR provision that will become redundant as a result of the implementation of (1) and (2) above. (Note: This provision will also apply to areas outside of the subject site).

5. Amend the Special Provisions Area Map to remove Area 1 and Area 2 (the site), as

Clause 7.2 (3) will no longer apply. Refer to Figure 21 in Part 4 of this planning proposal.

6. Insert a new Clause in Part 7 to include a site specific provision that would apply maximum parking rates to the site consistent with the resolution of Council on 10 April 2017, and as endorsed by DPE in the amending Gateway Determination of 7 August 2017. Refer to Appendix 1 for an example of a potential draft site specific provision.


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EXPLANATORY NOTE

To remain consistent with the Gateway Determination issued by the Department of Planning & Environment on 17 June 2016, this Planning Proposal has been amended for re-exhibition to apply a new ‘Area 3’ to the Height of Building Map (Sheet HOB_010) to ensure that no overshadowing occurs between 12pm – 2pm of the protected area of public domain within Parramatta Square.

In the legal drafting of this LEP amendment, Clause 7.4 Sun Access will be subsequently amended to refer to the existing ‘Area 2’ as relating only to lands that would impact on the solar access to Jubilee Park and Lancer Barracks, with the new ‘Area 3’ relating to lands that would impact on the solar access to the protected area of public domain within Parramatta Square.

In the event the Parramatta CBD Planning Proposal is publicly exhibited, the solar height plane as it relates to ‘Area 3’ will then be a matter of consideration on all of the sites identified in Figure 7 below, should the Height of Buildings Map be changed to remove the height limits on these sites in the future public exhibition of a new draft Height of Buildings Map under the Parramatta CBD Planning Proposal.


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Figure 7 – Expanded ‘Area 3’ under a Potential Future CBD Planning Proposal


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PART 3 – JUSTIFICATION

This part describes the reasons for the proposed outcomes and development standards in the planning proposal.

3.1 Section A - Need for the planning proposal

3.1.1 Is the Planning Proposal a result of any study or report?

This Planning Proposal is not the result of any site specific study or report however it was prepared in response to the exhibition of the draft Parramatta CBD Planning Framework which has informed the Strategy.

Council initially adopted the Parramatta CBD Planning Strategy at its meeting of 27 April 2015. The Strategy sets the vision for the growth of the Parramatta CBD as Australia’s next great city and whilst additional work continues to be undertaken, the Strategy is a tool to inform planning controls for the CBD in the future. Key details of the Strategy, as they apply to this site, include a potential Floor Space Ratio (FSR) of 10:1 throughout the majority of the City Centre and a maximum building height that responds to sun access for key public spaces, and towers characterised as tall and slender.

The Parramatta CBD Planning Proposal (CBD PP) was adopted by Council on 11 April 2016. The CBD PP seeks a potential increase in height and FSR for sites within the Parramatta CBD subject to the provision of community infrastructure. Whilst the Department of Planning and Environment is yet to issue a Gateway determination, the CBD PP is Council’s most recently adopted position on density increases in the Parramatta CBD.

3.1.2 Is the Planning Proposal the best means of achieving the objectives or

intended outcomes, or is there a better way?

This Planning Proposal is the best means of achieving the intended outcome of the development, which is to facilitate a mixed use development in keeping with the B4 Mixed Use zone. The current FSR controls are currently under review, being updated to reflect Parramatta’s emerging CBD, characterised by significantly increased densities. The proposed amendment to the FSR on this site will deliver an appropriate built form that responds to Parramatta’s CBD Planning Strategy while ensuring that between 12pm – 2pm there is no overshadowing of the existing protected area of Parramatta Square identified in the amended Height of Building Map (refer to Figure 19). It is noted that Part 4.3 of the Parramatta Development Control Plan (PDCP) 2011 provides controls relating to the protected solar access area of Parramatta Square. Figure 8 below identifies the protected solar access area of Parramatta Square (Note: this is identified as Figure 4.3.3.7.3 Public Space Set Out in the PDCP 2011).


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Figure 8 – Public Space Set Out of Parramatta Square with protected area identified in red (Source: Figure 4.3.3.7.3 of Parramatta DCP 2011)


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3.2 Section B – Relationship to strategic planning framework

This section assesses the relevance of the Planning Proposal to the directions outlined in key strategic planning policy documents. Questions in this section consider state and local government plans including the NSW Government’s A Plan for Growing Sydney, State Environmental Planning Policies, local strategic and community plans and applicable Ministerial Directions.

3.2.1 Is the planning proposal consistent with the objectives and actions contained within the applicable regional or sub-regional strategy?

NSW Long Term Transport Plan 2012

The NSW Long Term Transport Plan 2012 has the aim of better integrating land use and transport. A Plan for Growing Sydney has been prepared to integrate with the Long Term Transport Plan. The Planning Proposal will serve the objectives of the Transport Plan by locating both residential and employment generating uses close to an existing railway station and the future Western Sydney Light Rail. This will promote the use of public transport and reduce reliance on private motor vehicles.

A Plan for Growing Sydney

In December 2014 the Department of Planning and Environment released A Plan for Growing Sydney and presents a strategy for accommodating Sydney’s future population growth over the next 20 years.

In order to achieve the vision for Sydney to become ‘a strong global city and a great place to live’, the Plan establishes four goals for Sydney. The goals of the Plan are that Sydney will be:

A competitive economy with world-class services and transport;

A city of housing choice, with homes that meet our needs and lifestyles;

A great place to live with communities that are strong, healthy and well connected; and

A sustainable and resilient city that protects the natural environment and has a balanced approach to the use of land and resources.

To support these goals, the Plan sets out planning principles that will guide Sydney’s growth. These include:

Increasing housing choice around all centres through urban renewal in established areas;

Stronger economic development in strategic centres and transport gateways; and

Connecting centres with a networked transport system.

The Plan forecasts required increased levels of growth in the employment and residential sectors to cater for population growth. The Plan predicts an additional 664,000 new dwellings are needed in Sydney over the next 20 years. The Plan reiterates Parramatta’s Role as Sydney’s second CBD and provides that the Greater Parramatta Region (Figure 7) has the potential to reach 100,000 jobs over the next 20 years. The Plan seeks to


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connect the Parramatta CBD with Westmead, Parramatta North, Rydalmere and Camellia.

Figure 9 - Greater Parramatta Area Source: A Plan for Growing Sydney

Under the Plan, Sydney has been divided into six subregions, with Parramatta located in the West Central Subregion. Councils, the community, the Greater Sydney Commission and NSW Government will work together to finalise and implement subregional plans. Whilst the West Central Subregional Plan is yet to be prepared, the Plan identifies the priorities for strategic centres. Below are the priorities for Greater Parramatta:

Recognise and plan Greater Parramatta as a transformational place;

Plan Greater Parramatta as Sydney’s second CBD and Western Sydney’s number one location for employment and health and education services, supported by a vibrant mixture of land uses and cultural activity, with the Parramatta River foreshore as a focus for recreational activities;

Provide capacity for long-term employment growth in Greater Parramatta, particularly in its CBD;


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Provide capacity for additional mixed-use development in Parramatta CBD and surrounding precincts including offices and retail in Parramatta CBD, health services in Westmead, an education hub around the new University of Western Sydney Campus, a technology and

Education precinct in Rydalmere, arts and culture in Parramatta, a sports precinct around Parramatta Stadium and housing in all precincts;

Improve transport connections between Greater Parramatta and other Western Sydney centres and precincts, commencing with Macquarie Park via Carlingford, Castle Hill via Old Northern Road, Bankstown and Sydney Olympic Park;

Enhance the role of the Parramatta Transport Interchange as the major bus/rail and future light rail interchange of Western Sydney; and

Improve walking and cycling connections between the Parramatta CBD, the Greater Parramatta precincts, Parramatta River and their surrounding area.

This planning proposal is consistent with A Plan for Growing Sydney, in that it will amend planning controls that will:

Enable a future development that will contribute to achieving dwelling targets for the subregion and Greater Parramatta.

Enable a future development that can deliver additional residential floor space on a site that is in close proximity to existing transport infrastructure including the Parramatta Railway Station and Bus Interchange as well as the future Western Sydney Light Rail Route.

Facilitate the delivery of a mixed use or wholly commercial building that is in close proximity to other employment opportunities, community and civic facilities within Parramatta Square as well as the broader CBD. The future light rail connection to educational and health facilities provided by the University of Western Sydney as well as Rydalmere Education Precinct and the Westmead Hospital further enhance the viability of future redevelopment.

Contribute to mixed-use or wholly commercial development by encouraging employment uses on the site, resulting in a strengthening of the Parramatta Commercial Core

Revitalise an underutilised city centre block by enabling a built form outcome that is consistent with the locality’s transitional status, and will be capable of providing high residential amenity and increased employment capacity.

Towards Our Greater Sydney 2056

In November 2016 the Greater Sydney Commission released Towards Our Greater Sydney 2056 (TOGS), a draft amendment to A Plan for Growing Sydney, for public

Note: Subsequent to this Planning Proposal being first exhibited, on 26 October 2017 the Greater Sydney Commission replaced Towards our Greater Sydney 2056 with the Draft Greater Sydney Region Plan, and the Draft West Central District Plan with the Revised Draft Central City District Plan. An assessment of these updated draft strategic planning instruments has found that this Planning Proposal continues to be consistent with applicable regional and district strategies. To view these documents, refer to https://www.greater.sydney/strategic-planning

https://www.greater.sydney/strategic-planning


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exhibition. TOGS aligns with the district plans, released on the same date. Both TOGS and the district plans were on exhibition until March 2017. The vision for the future of Sydney as identified in TOGS is for decentralisation with centres supported by public transport. TOGS introduces the concept of three cities; the Eastern City; the Central City; and the Western City. Parramatta is located in the Central City and identified as the anticipated greatest area of growth over the next decade. This planning proposal is in keeping with the vision of TOGS by providing employment and housing opportunities in close proximity to public transport in the Central City zone. TOGS identifies the integration of the economy, social needs and the environment to move Sydney forward. The district plans provide further detail as to how a productive Sydney, a liveable Sydney and a sustainable Sydney will be achieved. A response to the relevant district plan is outlined below.

Draft West Central District Plan

The Draft West Central District Plan was released for exhibition by the Greater Sydney Commission from November 2016 to March 2017. The planning proposal (post gateway) has been updated to respond to the relevant overarching priorities outlined in the District Plan.

A Productive City

Productivity priorities Productivity actions

Integrate transport and land use planning

No relevant productivity actions

Manage growth and change in strategic and district centres and, as relevant, local centres.

Plan for a growing and vibrant Parramatta City

Prioritise the provision of retail floor space in centres

The planning proposal will reinforce Parramatta’s role as the Central City by amending the FSR controls on the site to improve the ability of the site to provide a range of residential and employment uses, and support the adjacent B3 Commercial Core zone as a viable CBD office market. Given the site has the benefit of two primary street frontages, future redevelopment will create a unique opportunity to benefit from the prime retail opportunities on Church Street, and direct connection to the future Centenary Square light rail stop on Macquarie Street.

The proposal will promote the use of walking, cycling and integrated transport solutions given its proximity to the future light rail route, Parramatta Railway Station/Bus Interchange. Further, by limiting the overall height to ensure no overshadowing of Parramatta Square, a future development will reinforce and support the viability and attractiveness of the central Parramatta CBD for future residents, workers, and visitors to promote the active use of Parramatta Square as a functional civic space.

The planning proposal is consistent with the productivity priorities and actions.


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A Liveable City

Liveability priorities Liveability actions

Deliver West Central’s five-year housing targets

L2 - Identify the opportunities to create the capacity to deliver 20 year strategic housing supply targets L3 – Councils to increase housing capacity across the District

Deliver housing diversity L4 – Encourage housing diversity

Facilitate the development of safe and healthy places

Facilitate enhanced walking and cycling connections

The proposed controls will enable the redevelopment of the site that can accommodate residential uses on the site, that will contribute to meeting the West Central District’s five and 20-year housing targets. The site is located in a liveable area with public transport, shops, parks, schools and related infrastructure within walking distance. The planning proposal is consistent with the liveability priorities and actions. 3.2.2 Is the planning proposal consistent with the local council’s Community

Strategic Plan or other local strategic plan?

The following strategic planning documents are relevant to the planning proposal. Parramatta 2038 Community Strategic Plan

Parramatta 2038 is a long term Community Strategic Plan for the City of Parramatta and links to the long-term future of Sydney. The plan formalises several big and transformational ideas for the City and the region. Of relevance is the growth of Parramatta CBD. The planning proposal is considered to meet the strategy and key objectives identified in the plan by allowing for an appropriate mix of residential and non-residential uses located in a centre with public transport, shops and community facilities in close proximity. The proposal will activate the street and improve the walkability of the city centre with retail on the ground floor and the potential of a pedestrian thoroughfare from Church Street to Macquarie Street. The development will also allow for the potential to deliver housing and jobs around transport nodes and contribute towards dwelling targets for NSW. Parramatta CBD Planning Proposal

The Parramatta CBD Planning Proposal (CBD PP) was adopted by Council on 11 April 2016. The CBD PP is the outcome of detailed technical studies which reviewed the current

Note: Since this planning proposal was lodged with the Department of Planning and Environment (DPE) for gateway determination, the Parramatta CBD Planning Strategy, now referred to as the Parramatta CBD Planning Proposal, has been forwarded to the DPE for a Gateway Review. This section of the planning proposal has been updated post gateway to reflect the current status of the Parramatta CBD Planning Proposal.

http://www.parracity.nsw.gov.au/__data/assets/pdf_file/0005/158810/CBD_Planning_Strategy.pdf


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planning framework. The CBD PP sets controls responding to the vision for the growth of the Parramatta CBD as Australia’s next great city. The CBD PP identifies a need for significant growth in the Parramatta City Centre to which this planning proposal responds. The CBD PP proposes that a potential increase in height and FSR can be sought for sites within the Parramatta CBD subject to the provision of community infrastructure. The CBD PP includes controls that allow no height limit in some areas, a maximum 10:1 FSR and of that FSR 1:1 is to be commercial floor space to apply to the majority of sites within the area to which the plan applies.

Height

The CBD PP proposes that no maximum height limit (incentive height) apply to the majority of land within the CBD subject to the delivery of community infrastructure. The height of buildings will be determined by the design excellence process, FSR and aviation limitations. In response to the Gateway Determination requiring that Clause 7.4 Sun Access of PLEP 2011 be amended to ensure no overshadowing occurs between 12pm – 2pm of the protected area of public domain within Parramatta Square, this site as well as other land affected by the amended clause 7.4 will have this additional curtailment applied to determine a maximum building height through the addition of an ‘Area 3’ to an amended Height of Buildings Map (Sheet HOB_010). As identified in Figure 18, this planning proposal does not seek to amend the existing height limit of 12m for the portion of the site fronting Church Street or the height of other lands affected by the amended Clause 7.4 where their current height would not result in overshadowing of the protected area of Parramatta Square.

As previously noted in the explanatory note on Page 10, in the event the Parramatta CBD Planning Proposal is publicly exhibited, the solar height plane as it relates to ‘Area 3’ will then be a matter of consideration on all of the sites identified in Figure 7, should the Height of Buildings Map be changed to remove the height limits on these sites in the future public exhibition of a new draft Height of Buildings Map under the Parramatta CBD Planning Proposal.

Floor Space Ratio (FSR)

Under the CBD PP the majority of sites in the CBD are identified on the new Incentive Floor Space Ratio Map as 10:1. Under the PLEP 2011, currently the FSR on the site ranges from 3:1, 6:1 and 10:1 with the final built form outcome controlled by a site-specific provision – Clause 7.2 (3). In response to the Gateway Determination this planning proposal has been amended to remove Clause 7.2 (3) and amend the Special Provisions Area Map to remove Area 1 and Area 2 (the site) as these provisions will become redundant as a result of this planning proposal.

Overall the planning proposal is consistent with the CBD PP, being Council’s most recently endorsed strategic planning position for development in Sydney’s Central City. Parramatta CBD Strategic Transport Study

On 10 April 2017 Council endorsed the Parramatta CBD Strategic Transport Study, which is a key supporting document for the CBD Planning Proposal. Following its endorsement, Council forwarded the Study to the Department to inform their Gateway assessment of the CBD PP. On 7 August 2017, an amended Gateway Determination was issued for the site specific planning proposal for 220-230 Church Street and 48 Macquarie Street, which

http://www.parracity.nsw.gov.au/__data/assets/pdf_file/0005/158810/CBD_Planning_Strategy.pdf


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required that this planning proposal adopt car parking rates in accordance with the Parramatta CBD Strategic Transport Study prior to community exhibition. In relation to the Council resolution, resolutions (b) and (c) below are of particular relevance to the site:

“(b) That Council endorses the action recommended by the Parramatta CBD Strategic Transport Study to reduce maximum car parking rates to levels currently used by City of Sydney CBD and that the Parramatta CBD Planning Proposal be amended to reflect this prior to public exhibition.

(c) That Council applies the recommended parking rates proposed in this report to

existing site-specific Planning Proposals and Design Competitions within the Parramatta CBD as a provision applicable to each proposal or competition to ensure future development will be consistent with the strategic direction to reduce maximum car parking rates. (N.B. Only those site-specific planning proposals which are imminent to finalisation (gazettal), that is they have been endorsed by the Council to proceed to finalisation following public exhibition, will be exempt from this provision).”

Recommendation (c) above is to be applied through a site-specific clause to be included within Parramatta LEP 2011 (refer to Appendix 1). This will apply the following parking rates to the site:

The current reference design does not provide an estimated total of number of apartments to be delivered, or a proposed unit mix. However, given these rates are significantly lower than what is currently required under existing controls, it is considered that the development is capable of accommodating the required parking on-site. It is recommended that a site-specific clause will ensure compliance with the above maximum parking rates, as previously resolved by Council. Council’s traffic and transport team have concurred with this approach, advising that this Planning Proposal should


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assume a parking rate that is consistent with the rate in the CBD Planning Proposal resolved by Council in April 2017. 3.2.3 Is the planning proposal consistent with the applicable State Environmental

Planning Policies?

The following State Environmental Planning Policies are of relevance to the site. State Environmental Planning Policy No. 32 - Urban Consolidation (Redevelopment of Urban Land)

The planning proposal is consistent with SEPP 32 in providing for the opportunity for the development of additional housing in an area where there is existing public infrastructure, transport, and community facilities, and is close to employment, leisure and other opportunities.

State Environmental Planning Policy No. 55 – Remediation of Land

Given that there is no change of zoning proposed, it is unlikely that the site is at risk of requiring remediation prior to future development. In any case, detailed compliance with SEPP 55 will be demonstrated in a future DA for the building facilitated by this Planning Proposal.

State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development

Detailed compliance with SEPP 65 will be demonstrated in a future DA for the building facilitated by this Planning Proposal. Testing by Council’s Urban Design unit has indicated that the site is capable of achieving compliance under the Apartment Design Guide.

State Environmental Planning Policy (BASIX) 2004

Detailed compliance with SEPP (BASIX) will be demonstrated in a future development application for the scheme facilitated under this Planning Proposal.

SEPP (Exempt and Complying Development Codes) 2008

SEPP (Exempt and Complying Development Codes) may apply to the future development of the site.

SEPP (Infrastructure) 2007

SEPP (Infrastructure) may apply to the future development of the site.

SEPP (State and Regional Development) 2011

The future development of the site is likely to be deemed as ‘regional development’ (meeting the relevant thresholds under Schedule 4A of the EP&A Act), with the JRPP acting as the determining authority.

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

The proposed development is not located directly on the Sydney Harbour Catchment foreshore. Any potential impacts as a result of development on the site, such as stormwater runoff, will be considered and addressed appropriately at the DA stage.

3.2.4 Is the planning proposal consistent with applicable Ministerial Directions

(s.117 Directions)?


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In accordance with Clause 117(2) of the EP&A Act 1979 the Minister issues directions for the relevant planning authorities to follow when preparing planning proposals for new LEPs. The directions are listed under the following categories:

Employment and resources

Environment and heritage

Housing, infrastructure and urban development

Hazard and risk

Regional planning

Local plan making

Metropolitan planning The following directions are considered relevant to the subject planning proposal.

A summary assessment of the Planning Proposal against the Directions issued by the Minister for Planning and Infrastructure under Section 117 of the EP&A Act is provided in the table below.

Ministerial Directions Comment

1. Employment and Resources

1.1 Business and Industrial Zones

The Planning Proposal does not seek to rezone the land or change the range of permitted uses on the site. The Planning Proposal will facilitate the redevelopment of the site that provides for retail and commercial office uses.

2. Environment and Heritage

2.3 Heritage Conservation The site is located in the vicinity of a number of heritage listed items.

As a result of the amendment to Clause 7.4 Sun Access required by the Gateway Determination, it is anticipated that any impacts on adjoining heritage items would be minimal.

The site is identified on the State Heritage Registry as Parramatta Archaeological Management Unit 3075. The NSW Office of Environment and Heritage (OEH) are the consent authority for the disturbance of grounds for State significant archaeological sites. OEH has been consulted and recommends that due to the site’s archaeological significance an archaeological assessment be required prior to lodgement of a DA to inform the design of the development.

3. Housing, Infrastructure and Urban Development

Note: On 25 July 2017 the Minister for Planning issued a new Section 117 Direction under section 117(2) of the Environmental Planning and Assessment Act 1979, Direction 7.5 – Implementation of Greater Parramatta Priority Growth Area Interim Land Use and Infrastructure Implementation Plan. It is considered that this proposal is consistent with this direction, as the proposal has demonstrated that it is capable of delivering high quality employment generating floor space in the Parramatta CBD, and support the economic functions of the commercial core. For further information relating to Ministerial Directions, refer to: http://www.planning.nsw.gov.au/~/media/Files/DPE/Directions/section-117-local-planning-directions-2017-08-05.ashx

http://www.planning.nsw.gov.au/~/media/Files/DPE/Directions/section-117-local-planning-directions-2017-08-05.ashx

http://www.planning.nsw.gov.au/~/media/Files/DPE/Directions/section-117-local-planning-directions-2017-08-05.ashx


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3.4 Integrating Land Use and Transport

The Planning Proposal, through unlocking the development potential of the site, will facilitate mixed use development to support public transport, and improve access to housing, jobs and services by walking, cycling and public transport. In light of this it is expected that the proposal will reduce travel demand including the number of trips generated by the development and the distances travelled, especially by car.

3.5 Development Near Licensed Aerodromes

Airspace above Parramatta CBD is affected by the operation of Bankstown Airport. If a reference design proposes a height greater than 156AHD an Aeronautical Study would be required to address this 117 Direction. In response to the Gateway Determination this planning proposal seeks to amend clause 7.4 Sun Access of the PLEP 2011, to ensure no overshadowing occurs between 12pm – 2pm of the protected area of public domain within Parramatta Square.

On this basis it is highly unlikely that a future development would result in a height greater than 156AHD. This will be a matter that will be addressed in a future DA.

4. Hazard and Risk

4.1 Acid Sulphate Soils The Parramatta LEP contains acid sulphate soils provisions and this proposal does not seek to amend them. Acid sulphate soils investigations and analysis will accordingly be undertaken as part of any future development of the land in accordance with the requirements of the Parramatta LEP.

4.3 Flood Prone Land A small portion of the site fronting Macquarie Street is affected by 20 and 100 year Average Recurrence Interval (ARI) events. The site is also impacted by a Probable Maximum Flood (PMF) event.

To minimise the impact of the proposal with respect to flooding, the entrance crest of the basement vehicular ramp will be provided at least to Council's required flood planning level (at the 1 in 100 year event + 500mm). With respect to flood events greater than the 1 in 100 year event (including and up to the PMF) principles and measures will be incorporated into any future detailed design. This will include an early warning system including sirens, appropriate signage, depth indicators, refuge areas and overall building management.

Further details of these design features and evacuation measures, including a designated on-site evacuation area and protection in the basement car park when flooding occurs will be addressed as part of the Design Excellence and Development Application process.

6. Local Plan Making

6.1 Approval and Referral Requirements

No new concurrence provisions are proposed.

6.2 Reserving Land for Public Purposes

No new road reservation is proposed.

6.3 Site Specific Provisions The LEP amendment will result in the removal of a site-specific FSR provision. In response to the Gateway Determination this planning proposal seeks to amend clause 7.4 Sun Access of PLEP 2011 to ensure no overshadowing occurs between 12pm – 2pm of the protected area of Parramatta Square. The Gateway Determination states that this amendment “is not intended as a site specific control but will apply to all land affected by clause 7.4”.

This planning proposal therefore does not impose unnecessarily restrictive site specific provisions and is therefore consistent with the direction.

7. Metropolitan Planning

7.1 Implementation of A Plan for Growing Sydney

This planning proposal is consistent with A Plan for Growing Sydney, in that it will:


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Contribute to the achieving dwelling targets for the subregion and Greater Parramatta.

Enable more residential and/or commercial floor space on a site that is in close proximity to existing transport infrastructure including the Parramatta Railway Station and Bus Interchange as well as the future Western Sydney Light Rail Route.

Facilitate a development that is in close proximity to employment opportunities, community and civic facilities within the Parramatta Square and throughout the CBD, and educational and health facilities provided by the University of Western Sydney as well as Rydalmere Education Precinct and the Westmead Hospital, respectively.

Contribute to mixed-use development by activating employment uses on the site, resulting in a strengthening of the Parramatta Commercial Core

Revitalise an underutilised city centre block by enabling a built form outcome that respects the desired CBD skyline, is consistent with the locality’s transitional status, and will be capable of providing high residential amenity and increased employment capacity.

3.3 Section C – Environmental, social and economic impact

This section considers the potential environmental, social and economic impacts which may result from the planning proposal.

3.3.1 Is there any likelihood that critical habitat or threatened species, populations or ecological communities, or their habitats, will be adversely affected as a result of the proposal?

The planning proposal will not result in any impact on critical habitat or threatened species, populations or ecological communities or their habitats, given the site’s urban location.

3.3.2 Are there any other likely environmental effects as a result of the planning

proposal and how are they proposed to be managed?

The main potential environmental impacts to be examined in detail with any future development proposal for the site are:

Urban Design and Built Form

Heritage impacts

Overshadowing

Flooding

Urban Design and Built Form

The amended controls proposed will enable the future redevelopment of the site that is both consistent with Council’s endorsed strategy of transforming the emerging CBD skyline with tall and slender tower forms while simultaneously protecting an important civic space in Sydney’s Central City, Parramatta Square. Testing by Council’s Urban Design Unit has indicated that a tower form with a podium providing access from both Church Street and Macquarie Street frontages can be delivered within the constraints of the


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proposed solar access limits while demonstrating compliance with SEPP 65. Further, should a wholly commercial development be delivered it is likely that a future built form could achieve an FSR of up to 10:1.

Heritage

The site does not contain any heritage items, nor is it located within a heritage conservation area under the PLEP 2011. There are, however, a number of local and state heritage items that adjoin and surround the site (refer to Figure 9).

Key heritage items of particular note surrounding the site include:

Item 651: Bicentennial Square and adjoining buildings

Item 652: 188 Church Street (South East corner), Murrays’ Building and potential archaeological site

Item 01805: 195 Church Street, St John’s Anglican Cathedral

Item 653: 195 Church Street (rear of 47 Hunter Street), Warden’s cottage (verger’s cottage)

Item 654: Centennial Memorial Clock;

Item 655: 197 Church Street, Shop and potential archaeological site;

Item 656: 198-216 Church Street and 38–46 Macquarie Street, Horse parapet facade and potential archaeological site;

Item 657: 211 Church Street (93–93a Marsden Street), Telstra House (former post office) and potential archaeological site;

Item 658: 215 Church Street, HMV (former Commonwealth Bank) and potential archaeological site;

Item 659: 223 and 235 Church Street, Former court house wall and sandstone cellblock and potential archaeological site;

Item 703: 41-59 George Street, Shops and potential archaeological site;

Item 00711: 69 George Street, Roxy Cinema; and

Item 719: 119 Macquarie Street, Leigh Memorial Uniting Church. As a result of the Gateway Determination requiring clause 7.4 Sun Access of the PLEP 2011 be amended to ensure no overshadowing occurs between 12pm – 2pm of the protected area of public domain within Parramatta Square, visual and shadowing impacts of heritage sites in the vicinity of the site are likely to be minimal. Visual and shadowing impacts of the heritage items along Church Street, Bicentennial Square and Parramatta Square can be further assessed at the DA stage, where a detailed design of the building will include a finer-grain and more articulated built form response and will allow for materials to be selected that mitigate any potential impacts on the heritage items.


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Figure 10 - Existing heritage context, extract from PLEP 2011 Source: PLEP 2011

Heritage – Archaeology

The site is identified on the State Heritage Registry as Parramatta Archaeological Management Unit 3075. The NSW Office of Environment and Heritage (OEH) are the consent authority for the disturbance of grounds for State significant archaeological sites. OEH have been consulted and recommended that due to the site’s archaeological significance an archaeological assessment be required prior to the lodgement of DA and inform the design of the development. Overshadowing

The subject site is in close proximity to two items listed under Clause 7.4 of PLEP 2011, Parramatta Square and Lancer Barracks. Clause 7.4 Sun access of Parramatta LEP 2011 states the following:

(1) The objective of this clause is to protect public open space in the vicinity of the Parramatta Square site, the Lancer Barracks site and Jubilee Park from overshadowing.

(2) Despite any provision of Part 4, development is prohibited on land to which this Plan applies if the development results in any part of a building projecting above the sun access plane controls established for that land by the City Centre Development Control Plan.

The original planning proposal as endorsed by Council on 23 December 2015 and forwarded to the Department of Planning & Environment (DPE) included a design


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reference scheme that sought to ensure that no point of the solar protection zone was in shadow for a period greater than 45 minutes between 12pm – 2pm at the winter solstice based on an indicative building height of 210m. Further, the scheme demonstrated that a form could be developed at 210m that had no impacts on the solar access planes of Lancer Barracks and Jubilee Park between the prescribed time periods of 12pm and 2pm mid-winter, as seen in Figure 10 below.

Figure 11 - Shadow diagram of indicative built form impact on Lancer Barracks Source: Urban Design Analysis

Upon issuing a Gateway Determination for the site, a condition was inserted requiring that the planning proposal be amended to:

i. amend clause 7.4 Sun Access, to ensure no overshadowing occurs between 12pm – 2pm of the protected area of public domain within Parramatta Square (Note: this is not intended as a site specific control but will apply to all land affected by clause 7.4); and

ii. amend the proposed maximum FSR to ensure that the maximum potential FSR, including design excellence, will not result in any overshadowing of the existing protected area of Parramatta Square…

In its Determination, the Department identified Parramatta CBD as having a significant role to play as the second CBD for Sydney, with the protection of solar access to the public domain being a key component of planning for successful urban centres. This Planning Proposal has therefore been amended to propose a maximum FSR of 10:1, which testing from Council’s urban design team has indicated could be achieved on a wholly commercial development while ensuring compliance with an amended clause 7.4 and therefore ensuring overshadowing impacts to key civic spaces in the Parramatta CBD are minimised.


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Flooding

A small portion of the site fronting Macquarie Street is affected by 20 and 100 year Average Recurrence Interval (ARI) events, see Figure 11 below. The site is also impacted by a Probable Maximum Flood (PMF) event.

Figure 12 - Flooding affectations Source: PLEP 2011

To minimise the impact of the proposal with respect to flooding, the entrance crest of the basement vehicular ramp will be provided at least to Council's required flood planning level (at the 1 in 100 year event + 500mm). With respect to flood events greater than the 1 in 100 year event (including and up to the PMF) principles and measures will be incorporated into any future detailed design. This will include an early warning system including sirens, appropriate signage, depth indicators, refuge areas and overall building management.

Further details of these design features and evacuation measures, including a designated on-site evacuation area and protection in the basement car park when flooding occurs will be addressed as part of the Development Application processes. The proposal has been reviewed by Council’s catchment management team, as part of the planning proposal process, the level of detail supplied by the applicant is considered appropriate for the level of flooding that applies to the subject site.


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3.3.3 How has the planning proposal adequately addressed any social and economic effects?

The proposed development will result in positive economic and social flow-on effects for the local area. The planning proposal will facilitate the redevelopment of an inner-city retail and commercial block that is reaching the end of its economic life span. The controls proposed in this planning proposal will enable the delivery of high quality retail, residential and/or commercial floor space that will support the emerging commercial centre in Sydney’s second CBD. The renewed retail components of the development will contribute to employment and commerce in the area by providing better spaces for local businesses in an appropriate location directly adjacent to the commercial core and in close walking proximity to the Transport Interchange. A residential component would provide housing in a well serviced location and will provide flow on economic benefits, while addressing the identified need to increase housing supply to improve affordability and result in an improved social outcome. The provision of commercial floor space will support the growing economic importance of Parramatta as Sydney’s second CBD, and the commercial centre of the Central City as envisaged in A Plan for Growing Sydney.

3.4 Section D – State and Commonwealth Interests

3.4.1 Is there adequate public infrastructure for the planning proposal?

The site is located in an established urban area and has access to a range of existing services. Further investigations will be undertaken as part of the preparation of the DA material to determine whether any upgrade of existing facilities is required.

3.4.2 What are the views of State and Commonwealth public authorities consulted

in accordance with the gateway determination? State and Commonwealth authorities will have the opportunity to provide comment on the planning proposal as part of its formal exhibition. The NSW OEH are the consent authority for the disturbance of grounds for State significant archaeological sites. Consultation with officers from NSW OEH has been undertaken. OEH has been consulted and recommends that due to the site’s archaeological significance an archaeological assessment be required prior to lodgement of a DA to inform the design of the development.


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PART 4 – MAPPING

This section contains the mapping for this planning proposal in accordance with the DP&E’s guidelines on LEPs and planning proposals.

4.1 Existing controls

This section contains map extracts from PLEP 2011 which illustrate the current controls applying to the site. Figure 13 below illustrates the current B4 Mixed Use zone over the site:

Figure 13 - Current zoning extracted from the PLEP 2011 Land Zoning Maps


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Figure 14 below illustrates the existing 12 metre height frontage, with current Clause 7.4 of PLEP 2011 applying to the remainder of the site.

Figure 14 - Current building heights extracted from the PLEP 2011 Height of Buildings Maps


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Figure 15 below illustrates the existing FSR of 3:1 fronting Church Street, 10:1 in the centre of the site and 6:1 fronting Macquarie Street.

Figure 15 - Current floor space ratio extracted from the PLEP 2011 Floor Space Ratio Map


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Figure 16 below illustrates the heritage items which are located adjacent to the site.

Figure 16 - Existing heritage items extracted from the PLEP 2011 Heritage Maps


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Figure 17 below illustrates the flooding extent in the vicinity of the site.

Figure 17 - Current flooding extent extracted from the PLEP 2011 Flooding Maps


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Figure 18 below illustrates Areas 1 and 2 under Clause 7.2(3) proposed to be deleted as part of this planning proposal.

Figure 18 - Current PLEP 2011 Special Provisions Area Map


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4.2 Proposed controls

This section illustrates the proposed amendments to maps from PLEP 2011 which illustrate the current controls applying to the site. Figure 19 below illustrates the proposed building height proposed by this planning proposal.

Figure 19 - Proposed amendment to the PLEP 2011 Height of Buildings Map


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Figure 20 below illustrates the proposed 10:1 FSR over the site. This is in keeping with the Gateway condition requiring a 10:1 cap on sites affected by the amended Clause 7.4.

Figure 20 - Proposed amendment to the PLEP 2011 Floor Space Ratio Map


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Figure 21 illustrates the proposed amendment to the Special Provisions Area Map,

removing Area 1 and 2.

Figure 21 - Proposed amendment to the PLEP 2011 Special Provisions Area Map


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PART 5 – COMMUNITY CONSULTATION

The planning proposal (as revised to comply with the Gateway determination) is to be publicly available for community consultation. Public exhibition is likely to include:

newspaper advertisement;

display on the Council’s web-site; and

written notification to adjoining landowners. The gateway determination will specify the level of public consultation that must be undertaken in relation to the planning proposal including those with government agencies. Pursuant to Section 57(8) of the EP&A Act 1979 the Responsible Planning Authority must consider any submissions made concerning the proposed instrument and the report of any public hearing.

PART 6 – PROJECT TIMELINE

The detail around the project timeline is expected to be prepared following the referral to the Minister for a Gateway Determination. The following steps are anticipated:

Commencement and completion dates for public exhibition period and government agency notification 7 March 2018 to 4 April 2018)

Consideration of submissions (April 2018) Consideration of proposal post exhibition and reporting to Council (April 2018) Submission to the Department to finalise the LEP (May 2018) Notification of instrument (June 2018)


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Appendix 1 – Draft Site-specific clause

Potential Draft Clause to be included in the Parramatta LEP.

Note: The clause is draft only to demonstrate the intent of the clause and may be amended post-

exhibition as part of the legal drafting process and prior to this amendment coming into force.

Clause 7.# Development on land at 48 Macquarie Street and 220-230 Church Street, Parramatta

(1) The maximum parking rates for any development proposed under this clause are as follows:

a. The maximum parking rates which apply to any part of the building used as a dwelling

are:

i. For each studio dwelling – 0.1 spaces, and

ii. For each 1 bedroom dwelling – 0.3 spaces, and

iii. For each 2 bedroom dwelling – 0.7 spaces, and

iv. For each 3 or more bedroom dwelling – 1 space.

b. The maximum parking rates for any part of a building used for the purposes of

commercial or community uses is established by the following formula:

M = (G * A) / (50 * T)

Where:

M = maximum number of parking spaces,

G = gross floor area of all office/business premises in the building in square metres,

A = site area in square metres, and

T = Total gross floor area of all buildings on the site in square metres.


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Appendix 2 – Gateway Determinations


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Prepared by City of Parramatta Council

PLANNING PROPOSAL - City of Parramatta...Planning Proposal – 48 Macquarie Street and 220-230...

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