council - 23 november 2015 - city of parramatta...council 23 november 2015 item 7.10 - 1 - economy...

Council 23 November 2015 Item 7.10

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ECONOMY

ITEM NUMBER 7.10

SUBJECT Planning proposal for land at 122 Wigram Street, Harris Park

REFERENCE RZ/22/2014 - D03971303

REPORT OF Project Officer- Land Use Planning CLAND OWNER Soho Parramatta Pty Ltd APPLICANT Mecone on behalf of Soho Parramatta Pty Ltd. PURPOSE: To seek Council’s endorsement of a planning proposal to increase the Floor Space Ratio (FSR) controls for land at 122 Wigram Street, Harris Park, for the purposes of requesting a Gateway Determination from the Department of Planning and Environment.

RECOMMENDATION

(a) That Council endorse the planning proposal contained at Attachment 1, subject to it being amended to provide a maximum FSR of 8:1 plus design excellence (FSR – 9.2:1) at 122 Wigram Street, Harris Park, and forward it to the Department of Planning and Environment for Gateway determination.

(b) That the applicant provides an amended version of the planning proposal (including all relevant attachments) contained at Attachment 1, consistent with an FSR of 8:1 prior to forwarding it to the Department of Planning and Environment for Gateway determination.

(c) That subject to Gateway determination the Planning Proposal be publicly

exhibited for 28 days.

(d) That Council advise the NSW Department of Planning and Environment that the CEO will be exercising the plan-making delegations for this planning proposal as authorised by Council on 26 November 2012.

(e) That Council grant delegated authority to the CEO to negotiate a Voluntary Planning Agreement (VPA) for the delivery of public benefit. The negotiations are to be on the basis that any VPA would be in addition to applicable S94A contributions.

(f) That the outcome of the VPA negotiations be reported back to Council.

(g) That Council grant delegated authority to the CEO to make any minor

amendments and corrections of an administrative and non-policy nature that may arise during the plan making process.


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COUNCILLOR WORKSHOP

This planning proposal was discussed at two Councillor Workshops on 7 September 2015 and 14 October 2015.

EXECUTIVE SUMMARY:

1. Council’s endorsement is sought for a planning proposal at 122 Wigram Street, Harris Park. The site is proposed to be developed as a 20 storey mixed use residential and commercial building with two levels of basement parking, in keeping with its current zoning (B4 Mixed Use). It is proposed to amend the Parramatta City Centre LEP 2007 by increasing the floor space ratio as follows:

Existing FSR Proposed FSR

4:1 This site is currently mapped at 6:1 however clause 22(3) limits to 4:1 due

to site size.

8:1 (9.2:1 with Design Excellence)

2. An increase in building height control is not necessary for the site, as the

proposal will not exceed the current maximum building height permitted under the Parramatta City Centre LEP 2007 at 72 metres (approximately 22 storeys).

3. Since the lodgement of this planning proposal, Council’s CBD Planning

Framework Strategy (adopted on 27 April 2015) has undergone further analysis/refinement, and has been the subject of several Councillor Workshops. It is important that current site specific CBD planning proposals (in the assessment phase) align with the work progressing for the CBD Planning Proposal to ensure they are consistent with Council’s evolving strategy for the Parramatta CBD.

4. Under the Parramatta CBD Planning Strategy, 122 Wigram Street is

identified as having an FSR of 10:1 (subject to further testing). Further study and testing as part of the CBD Planning Proposal, has identified an issue relevant to the site. The treatment of the built form transition to the nearby Harris Park Heritage Conservation Area is an issue that requires a lower FSR control for the site to ensure a suitable transition is provided to the adjoining heritage conservation areas.

PARRAMATTA CBD PLANNING STRATEGY

5. Council at its meeting of 27 April 2015, resolved to adopt the Parramatta CBD Planning Strategy. This strategy aims to set the vision for growth of the Parramatta CBD as Australia’s next great city, establish principles and actions to guide a new planning framework for the Parramatta CBD, and provide a clear implementation plan for the delivery of the new planning framework for the Parramatta CBD.

6. In developing the Strategy, a number of actions relating to the City Centre

have been identified for the purpose of further investigation, testing and technical. study.


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7. Council officers have since undertaken urban design testing/refinement in testing built form outcomes on sample CBD sites, and also to assess impacts on adjacent heritage items and conservation areas surrounding the city. As a requirement of the NSW Heritage Council and statutory S117 Directions, a heritage study has also been undertaken which analyses the proposed planning controls currently in the strategy with respect to heritage. Currently these works are helping to determine the most appropriate built form controls in providing transition to heritage areas adjacent to those that have been identified for increased. density.

8. Whilst this work is still underway and is yet to be formally reported to Council, findings and recommendations arising from the testing and draft study were presented at a Councillor workshop in early September and in October, and are scheduled to be reported to Council in December 2015.

9. The two workshops discussed revised FSR controls along certain

boundaries of the CBD that have been identified as transitional areas to heritage conservation areas. Transitional planning controls (FSR and height) are being proposed to mitigate the potential impacts of development on heritage items/areas in relation to scale, views and amenity. This is relevant to 122 Wigram Street as this site sits within an identified transitional area on the south-eastern.precinct.of.the.CBD, with the draft heritage study recommending an FSR of 6:1 on this site. However resulting from the workshop was a request for the heritage consultant to review their recommendation for the transition to the Harris Park Conservation Area examining potential higher FSRs on certain blocks within this precinct. The recommendations have been further revised, and the consultant has advised a higher FSR may be able to be accommodated on the site. This will be further discussed in the assessment section of this report.

10. Council has also commissioned a flood study titled, Update of Parramatta

Floodplain Risk Management Plans (draft), to inform the review of the planning controls for the City Centre. This study is necessary to ensure the new controls are compatible with areas of flooding in the CBD and are compliant with S117 Direction 4.3 (Flood Prone Land). This study is enabling Council to better understand the risks from various flooding conditions within the CBD and how these risks can be appropriately managed. The draft study will also be reported to Council with the draft Planning Proposal for the CBD in December 2015. This is relevant to 122 Wigram Street as the site is flood affected by the PMF, 100 and 20 year flood events and is partially situated within a high hazard flood zone. As a result, this site is subject to further recommendations made under the flood study. This will be further discussed in the assessment section of this report.

THE SITE:

11. The subject site is located at 122 Wigram Street, Harris Park consisting of one (1) allotment - Lot 1 DP623537 and has a total area of approximately 907 square metres.

12. The site is irregular in shape with three (3) frontages consisting of

approximately; 33 metres to Wigram Street on the eastern boundary, 25 metres to Parkes Street on the southern boundary, 22 metres to Charles Street.


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13. The northern boundary of the site is approximately 37 metres and fronts a

storm water channel known as Clay Cliff Creek. Due to the open channel, the site is effectively isolated from the remaining parcels north of the site within the block.

14. The site’s development potential is considered to be largely constrained due

to the stormwater channel and smaller site size (approx. 900sqm), in addition to its identified flood prone status. The site is cleared and currently vacant. Refer to Figure 1.

Figure 1 – Subject Site (122 Wigram Street)

BACKGROUND: 15. This site has been the subject of two Development Applications, prior to the

lodgement of a planning proposal. 16. A Development Application DA/397/2010 was approved in 2012 for the

construction of a seven storey (approximately 23 metres) mixed use development, containing 32 dwellings over 6 levels and 1 level of commercial space over basement car park with strata subdivision.

17. A further amended Development Application DA/251/2014 was approved in

June 2015, for the construction of an eight storey (26 metre) residential flat building containing 40 apartments over basement car parking. Modifications to the previously approved scheme included replacing the ground floor residential apartments with retail/office units and modifying the ground floor lobby.

18. In seeking to increase the development capacity of the site, a planning

proposal was lodged by Mecone Pty Ltd on behalf of the applicant in November 2014, however in working with the applicant to ensure consistency with the progression of the CBD Planning Strategy and in responding to the constraints of the site, this proposal has been subject to several revisions (see table 1). In late October 2015, the applicant provided


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a final letter to Council agreeing to revise their proposal to reflect the recommended FSR of 8:1 (see attachment 2).

Revision no.

Date Proposed Controls

1 27 Nov 2014

An FSR increase of 8.5:1 to facilitate a 16 storey mixed use residential development.

2 8 April 2015

An FSR increase of 11.5:1 and height increase of 82 metres (inclusive of Design Excellence) to facilitate a 25 storey mixed use residential development.

3 29 Oct 2015

An FSR increase of 8:1 to facilitate a 20 storey mixed use residential development.

Table 1: Revisions of planning proposal 122 Wigram Street

CURRENT PLANNING CONTROLS:

19. The site is currently zoned B4 Mixed Use under the Parramatta City Centre

Local Environmental Plan (LEP) 2007. Refer to Figure 2. 20. Whilst the site is mapped with an FSR of 6:1, clause 22(3) of Parramatta

LEP 2007 limits the FSR of the site to 4:1 due to the size of the site (refer to figure 2). A maximum building height of 72 metres (23 storeys) currently applies to the site (refer to figure 3). Upon consolidation of the Parramatta City Centre LEP 2007 and Parramatta LEP 2011, a city centre design excellence bonus of 15% can be achieved on the site, following completion of a successful design competition.

21.

Figure 2 – Current Floor Space Ratio (mapped at 6:1)


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22.

Figure 3 – Current Maximum Height of Building (72 metres)

21. The site does not contain any heritage items nor is it located within a heritage conservation area under the PCC LEP 2007. The site is located within proximity to three (3) heritage items to the north-east of the site at 113-115 Wigram Street and 23-25 Hassall Street. To the south and south-west of the subject site are numerous heritage items and conservation areas (refer.to.figure.4).

Figure 4 – subject site in relation to heritage


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THE APPLICANT’S PLANNING PROPOSAL

22. On 27 November 2014, Council received a planning proposal from Mecone Pty Ltd on behalf of Soho (Parramatta) Pty Ltd, however this proposal has since been revised.

23. The latest revised proposal seeks to amend the Parramatta City Centre

Local Environmental Plan (2007) by increasing the maximum FSR from 4:1* (*currently mapped at 6:1 however clause 22(3) limits to 4:1 due to site size) to 8:1. With the Design Excellence Bonus of 15% under the amalgamated LEP, the FSR could potentially increase to 9.2:1. An increase in building height control is not necessary for the site, as the proposal will not exceed the current maximum building height permitted under the Parramatta City Centre LEP 2007 at 72 metres (approximately 22 storeys).

24. The planning proposal will potentially allow for a 20 storey/66 metre

(inclusive of Design Excellence) mixed residential and commercial use building with two levels of basement car parking. For clarity a summary table of the current and proposed controls is provided below;

Current Planning Controls PCC LEP 2007

Planning Proposal

Zone B4 (Mixed Use) B4 (Mixed Use)

Height 72m No change required

Floor Space Ratio

Mapped at 6:1 however 4:1 due to site size (cl 22(3)

8:1 + Design excellence = 9.2:1

ASSESSMENT OF APPLICANT’S PLANNING PROPOSAL

25. Council’s Land Use, Urban Design, Catchment Management and Traffic and Transport teams have all been involved in the assessment of the applicant’s Planning Proposal.

26. In a broader strategic policy context, this planning proposal is in accordance

with NSW State Government policy in supporting Parramatta’s development as Sydney’s second CBD. The proposal will facilitate an integrated mixed use development that creates additional housing and employment growth within the Parramatta CBD, in close proximity to public transport and employment.

27. Although the draft heritage study (informing the CBD Planning Proposal) is

yet to be formally reported to Council, this planning proposal is consistent with the draft FSR controls recommended for the site.

28. The main issues raised throughout the assessment of this proposal are

discussed further below.


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Planning and Urban Design Floor Space Ratio:

29. Under the CBD Planning Strategy, the subject site (122 Wigram Street) is

currently mapped at 10:1 (and 11.5:1 with Design Excellence) subject to further testing. However, detailed analysis and testing (by a heritage consultant and internal urban design team) has determined that as the site is located within a transitional area to Harris Park and Experiment Farm Conservation Areas, Experiment Farm and Robin Thomas Reserve, reduced FSR controls on most blocks within the transition area are recommended.

30. The heritage consultant’s original recommendation determined that an FSR

of 6:1 (plus 15% Design Excellence) be applied to sites on the smaller block bound by Wigram and Hassall Street (including the subject site), to lessen potential impacts on heritage items/areas resulting from future development under the Strategy. However following feedback received from a Councillor workshop, a request was made that the consultant further explore the impact of higher density development and appropriate transitions in this area. As a result, the consultant further investigated this request and agreed that a higher FSR than initially recommended may be considered on some sites in this transition area, thus revising their recommendation.

31. The revised draft recommendations of the Heritage Study prepared for the

CBD Planning Proposal are provided at Figure 5. This is considered the best way to minimise the impacts on development on scale, views and amenity and create an appropriate relationship with surrounding heritage items and heritage conservation areas. Figure 6 provides an indicative view of development on the site using a base FSR of 8:1.

Figure 5 – Revised recommended FSR controls in relation to heritage


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Figure 6 - Development of 122 Wigram Street using a base FSR 8:1 + 15% Design Excellence (shown red and aqua)

32. It is recognised that a recently approved planning proposal and development

application further to the north at 11 Hassall Street (FSR 10.2:1 plus Design Excellence, 40 Storeys – 130 metres) has a higher FSR and height than the surrounding recommended FSR and heights under the heritage study, however, in areas currently identified for greater density development under the strategy it is important that built form controls guide future CBD development in creating a steadier transition that better responds to the city’s heritage.

33. The planning proposal for land at 14-20 Parkes Street, Harris Park which is directly across Wigram Street from this site, was considered by Council on 9 November 2015. Council resolved to defer consideration of this report and it has been included in the same business paper as this report.

Built Form:

34. Throughout the assessment of this planning proposal, a number of concerns

were raised regarding the built form, in particular its impact on future potential development and compliance with the SEPP 65 Apartment Design Guidelines requirements (ADG). Concern was raised over the potential impacts on redevelopment of the site to the north highlighting the need for the applicant to demonstrate that they would not be unduly compromised if they redevelop as a residential tower in the future.


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35. In responding to this concern, the applicant provided a building envelope study that assumed the amalgamation of the sites to the north including 17-19 Hassall Street, 21 Hassall Street and 124 Wigram Street, however Council officers have considered the assumed amalgamation as unlikely due to a recent DA approval at 21 Hassall Street for a 10 storey mixed use development, and that land ownership at 17-19 Hassall Street (9 storeys containing 40 units) is strata titled. For this reason, site testing was conducted on 124 Wigram Street using similar FSR and setback controls (to the proposed) to inform the assessment of this proposal. The following issues were raised.

Inter-building separation: The ADG requires a building separation of 24 metres between buildings over 25 metres in height. Whilst the applicant’s reference design has provided setbacks of between 6-9 metres from the northern boundary, it burdens the site to the north (124 Wigram Street) in providing the remainder of the recommended 24 metre inter-building separation should it be redeveloped as a residential tower in the future. In testing a built form on 124 Wigram Street using similar setbacks, it was determined that this could translate into a building separation of 12 metres between podium levels and 18 metres between the residential tower levels. 18m is the minimum inter-building separation recommended where non-habitable rooms and windows are facing habitable rooms on an adjacent building.

Solar Access: In achieving a similar FSR to the proposed (i.e. 8:1 and 9.2:1 with design excellence); this would result in a 28 storey/88 metre tower. Council officers acknowledge that a 28 storey tower to the north would overshadow the proposed 20 storey development at 122 Wigram Street, increasing the amount of units without adequate midwinter solar access.

36. Concern was also raised surrounding the overshadowing of the pocket park

(maintained by Council) to the south of Parkes Street during midwinter, as a result of the proposed 20 storey tower (66 metres). However shadow analysis shows that no additional overshadowing to the pocket park would be generated by this planning proposal scheme compared to the 8 storey (approximately 26 metre) approved DA when measured in mid winter.

37. In assessing these issues, Council officers recognise both the development

constraints of the subject site, in addition to its impacts on the future potential development of the sites to the north. However given that the site is constrained and effectively isolated; it is considered acceptable to grant a concession for the site to achieve its maximum development potential using the draft recommended controls being considered under the CBD Planning Proposal.

38. Whilst site specific testing has determined that a lower FSR on this site could

produce better built form outcomes, the working progress of the CBD Planning Proposal, in particular the draft heritage study/testings surrounding transition areas (including the subject site) has been applied as the overarching framework guiding the assessment of this proposal.


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Traffic

39. Council’s Traffic Management team raised no specific concerns with the proposal. However, raised a broader concern about the lack of study into the cumulative impacts of the additional traffic generation from the increased development potential in the CBD. This matter is being investigated as part of the CBD Planning Proposal.

Catchment Management

40. The subject site is flood affected under the Parramatta City Centre LEP 2007. The Clay Cliff Creek open channel runs alongside the northern boundary of the site.

41. The site sits within a high hazard precinct, and is affected by the Probable

Maximum Flood (PMF) event, as well as the 1:100 and 1:20 year flood (refer to figures 7 and 8 further below).

42. The Flood Planning Levels (FPL) for the site are:

R.L. 7.75m AHD (Australian Height Datum) as the 100 year flood level

R.L. 9.95m AHD as the Probable Maximum Flood (PMF) level.

Figure 7 – Flooding (High Hazard Flood Zone)


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Figure 8 – Flooding (1:20 and 1:100 Year Flood)

43. The applicant’s supporting flood advice indicates that the development of the

site is consistent with the controls for residential development affected by flooding, specifically the Environmental Planning and Assessment Act 1979 Section 117 Direction 4.3 Flooding, and is also consistent with the Flood Planning Level for residential outlined in the Floodplain Development Manual 2005 being the 100 Year ARI (average recurrent interval) flood event. However as mentioned previously, Council has since commissioned a draft flood study potentially resulting in further requirements for flood prone sites.

44. Council’s draft updated flood study explores whether Council should

consider including controls in the DCP for residential development and basement car parks up to the PMF (current DCP controls for residential development and basement car parks are up to the 1 in 100 ARI flood event). These issues will soon be considered by Council’s external flood planning committee and following this will be considered by Council in a separate report to Council on the planning proposal to amend the planning controls for the City Centre.

45. The proposal for the site is for a mixed use building with two levels of

basement car parking, ground floor commercial and residential above. The applicant’s supporting flood advice (submitted with the planning proposal) identifies flood planning levels for the basement and commercial levels above the 100 Year ARI, and all residential levels above the PMF level for the site (note: there are currently no controls for commercial development to be above the 100 Year ARI flood event).

46. Council’s draft flood study also recommends certain building design

requirements to ensure safe evacuation of people and property, including a requirement for a flood free pedestrian access to a location or building outside of the high flood risk zone. As a site that is subject to high hazard, this requirement will need to form part of a future detailed flood evacuation strategy and building management plan that is submitted at DA stage.

VOLUNTARY PLANNING AGREEMENT

47. The landowner has provided a Letter of Offer to enter into a Voluntary Planning Agreement (VPA) with Council relating to the Planning Proposal. The offer includes contributions towards:

Public Domain Upgrades:

Cash contribution to Robin Thomas Reserve upgrades to value of $110,000, to improve this existing open space area through the provision of upgrades in accordance with the Robin Thomas Reserve and James Ruse Reserve Master Plan.

Provision of a community resource:

Provision (and potential dedication) of 82 m² community space at ground floor for use as an Aboriginal artist space as a warm shell fit out valued at


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$590,400, to increase the amount of community space available in the Parramatta CBD as part of the redevelopment of the site.

48. Where proposals are seeking substantial uplift in development potential

these contributions should be provided in addition to the requisite future Section 94A contributions associated with subsequent Development Applications for the site.

49. There are potential planning and public benefits in this preliminary offer that

should be further explored. This report recommends that as required by Council’s VPA policy, a formal resolution be made to proceed with negotiations and that the Chief Executive Officer be given delegated authority to explore and negotiate the VPA on Council’s behalf. The outcome of any negotiations must be reported back to Council for further consideration prior to public exhibition.

PLAN-MAKING DELEGATIONS

50. New delegations were announced by the (then) Minister for Planning and Infrastructure in October 2012, allowing councils to make LEPs of local significance. On 26 November 2012 Council resolved to accept the delegation for plan making functions. Council also resolved that these functions be delegated to the Chief Executive Officer.

51. Should Council resolve to proceed with this planning proposal, Council will

be able to exercise its plan-making delegations. This means that after the planning proposal has been to Gateway, undergone public exhibition and been adopted by Council, Council officers will deal directly with the Parliamentary Counsel Office on the drafting of the LEP amendment. When the planning proposal is submitted to Gateway, Council advises the DP&E that it will be exercising its delegation.

NEXT STEPS

52. Should Council endorse the planning proposal provided at Attachment 1 it

will be amended in accordance with Council’s resolution and forwarded to the Department of Planning and Environment for Gateway determination.

53. Once a Gateway determination is received, the planning proposal will be

placed on public exhibition and the outcomes of same will be reported to Council. The draft VPA should be exhibited concurrently with the planning proposal. A report on the outcomes of the VPA negotiations will be put to Council before it is publicly exhibited.

Diana Khoury Project Officer – Land Use Planning

ATTACHMENTS: 1 Attachment 1 - Planning proposal 122 Wigram Street, Harris Park 100 Pages 2 Attachment 2 - Letter from applicant revising FSR scheme 1 Page REFERENCE MATERIAL

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