Council_Mark_POS_RGB

9 May 2018

 

Dear Councillor,

In pursuance of the provisions of the Local Government Act, 1993 and the Regulations thereunder, notice is hereby given that a POLICY REVIEW COMMITTEE MEETING of Penrith City Council is to be held in the Passadena Room, Civic Centre, 601 High Street, Penrith on Monday 14 May 2018 at 7:00PM.

Attention is directed to the statement accompanying this notice of the business proposed to be transacted at the meeting.

Yours faithfully

 

 

Alan Stoneham

General Manager

 

BUSINESS

 

1.           LEAVE OF ABSENCE

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Policy Review Committee Meeting - 16 April 2018.

 

4.           DECLARATIONS OF INTEREST

Pecuniary Interest (The Act requires Councillors who declare a pecuniary interest in an item to leave the meeting during discussion of that item)

Non-Pecuniary Conflict of Interest – Significant and Less than Significant (The Code of Conduct requires Councillors who declare a significant non-pecuniary conflict of interest in an item to leave the meeting during discussion of that item)

 

5.           ADDRESSING THE MEETING

 

6.           MAYORAL MINUTES

 

7.           NOTICES OF MOTION TO RESCIND A RESOLUTION

 

8.           NOTICES OF MOTION

 

9.           DELIVERY PROGRAM REPORTS

 

10.         REQUESTS FOR REPORTS AND MEMORANDUMS

 

11.         URGENT BUSINESS

 

12.         CONFIDENTIAL BUSINESS


POLICY REVIEW COMMITTEE MEETING

 

Monday 14 May 2018

 

table of contents

 

 

 

 

 

 

meeting calendar

 

 

confirmation of minutes

 

 

DELIVERY program reports

 


Council_Mark_POS_RGB2018 MEETING CALENDAR

January 2018 - December 2018

(Adopted by Council - 27 November 2017)

 

 

 

TIME

JAN

FEB

MAR

APRIL

MAY

JUNE

JULY

AUG

SEPT

OCT

NOV

DEC

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

 

Ordinary Council Meeting

7.00pm

 

 

 

 

 

 

 

 

 

10

 

 

17

 

 

26@

26

30v

28#

25*

23

27@

   

   24^ü

 

29

26#+

 

Policy Review Committee

7.00pm

 

12

12

16

14

4

9

13

3

8

12

10

 

 v

Meeting at which the draft corporate planning documents (Delivery Program and Operational Plan) are endorsed for exhibition

 *

Meeting at which the draft corporate planning documents (Delivery Program and Operational Plan) are adopted

 #

Meetings at which the Operational Plan quarterly reviews (May and September) are presented

 @

Meetings at which the Delivery Program progress reports (including the Operational Plan quarterly reviews for December and June) are presented

 ^

Election of Mayor/Deputy Mayor

 ü

Meeting at which the 2017-2018 Annual Statements are presented

 

Meeting at which any comments on the 2017-2018 Annual Statements are presented

 +

Meeting at which the Annual Report is presented

-            Extraordinary Meetings are held as required.

-            Members of the public are invited to observe meetings of the Council (Ordinary and Policy Review Committee).

Should you wish to address Council, please contact Governance Coordinator, Adam Beggs on 4732 7597

 


UNCONFIRMED MINUTES

 OF THE POLICY REVIEW COMMITTEE MEETING OF PENRITH CITY COUNCIL HELD IN THE PASSADENA ROOM, PENRITH

ON MONDAY 16 APRIL 2018 AT 7:04PM

PRESENT

His Worship the Mayor, Councillor John Thain, Deputy Mayor, Councillor Tricia Hitchen, and Councillors Jim Aitken OAM, Bernard Bratusa, Todd Carney, Marcus Cornish, Kevin Crameri OAM, Greg Davies, Mark Davies, Aaron Duke, Ross Fowler OAM, Karen McKeown and Kath Presdee.

 

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 12 February 2018

PRC6  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marcus Cornish that the minutes of the Policy Review Committee Meeting of 12 February 2018 be confirmed.

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

2        Rezoning Proposal for 33-43 Phillip Street, St Marys (existing Station Plaza Shopping Centre)                                                                                                              

PRC7  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kath Presdee

That:

1.    The information contained in the report on Rezoning Proposal for 33-43 Phillip Street, St Marys (existing Station Plaza Shopping Centre) be received.

2.    The matter be deferred to the Councillor Briefing for discussion and subsequently be brought back to a future Council meeting for consideration.

 

1        Amendment to Public Benefit Policy                                                                              

PRC8  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kath Presdee

That:

1.    The information contained in the report on Amendment to Public Benefit Policy be received

2.    Council adopt the Community Infrastructure Policy as amended.

3.    The General Manager be granted delegation to make minor changes to the Policy on an ongoing basis.

 

 

3        Council's Submission - M12 Motorway - Preliminary Design and Access Strategy 

PRC9  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies

That:

1.    The information contained in the report on Council's Submission - M12 Motorway - Preliminary Design and Access Strategy be received

2.    Council endorse the draft submission in Appendix 3 (updated to acknowledge the announcement of the corridors) and any additional issues identified by Councillors, as the basis for a final submission to Roads and Maritime Services

3.    Council’s submission be forwarded to Roads and Maritime Services and a copy be forwarded to all Councillors.

 

Outcome 7 - We have confidence in our Council

 

4        2018 Australian Local Government Association (ALGA) National General Assembly                                                                                                                                             

PRC10  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kevin Crameri OAM

That:

1.    The information contained in the report on 2018 Australian Local Government Association (ALGA) National General Assembly be received.

2.    Council nominate the Mayor, Councillor John Thain as its voting delegate for the 2018 National General Assembly of Local Government.

3.    Council nominate Councillors Jim Aitken OAM, Ross Fowler OAM and any other interest councillor as observers at the 2018 National General Assembly of Local Government.

4.    Leave of Absence be granted to all Councillors attending the 2018 National General Assembly of Local Government to be held in Canberra from 17-20 June 2018.

5.    The motion outlined in tonight’s report with respect to the future of Australian Cities, big and small be endorsed. 

6.     A motion be developed requesting ALGA advocate for an increase in the minimum height of balustrades within the Building Code of Australia.

7.    A motion be developed requesting ALGA seek a National Policy and program of investment with respect to securing the future of Australia’s resource recovery sector.

 

 

There being no further business the Chairperson declared the meeting closed the time being 7:13pm.

    



DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                       Page

 

 

Outcome 2 - We plan for our future growth

 

1        Rezoning Proposal for 33-43 Phillip Street, St Marys (Station Plaza Shopping Centre)    

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                  1

 

2        Rezoning Application RZ17/0001: 39-49 Henry Street, Penrith

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                  7

 

3        Planning Proposal to amend Penrith Local Environmental Plan 2010 - 57 Henry Street, Penrith

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                15

 

 

Outcome 4 - We have safe, vibrant places

 

4        Oxley Park Place Plan Progress                                                                                      27

 

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 1 - We can work close to home

 

 

There were no reports under this Delivery Program when the Business Paper was compiled


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 2 - We plan for our future growth

 

Item                                                                                                                                       Page

 

1        Rezoning Proposal for 33-43 Phillip Street, St Marys (Station Plaza Shopping Centre)  

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                  1

 

2        Rezoning Application RZ17/0001: 39-49 Henry Street, Penrith

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                  7

 

3        Planning Proposal to amend Penrith Local Environmental Plan 2010 - 57 Henry Street, Penrith

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                15

 

 

 



Policy Review Committee Meeting                                                                       14 May 2018

 

 

 

1

Rezoning Proposal for 33-43 Phillip Street, St Marys (Station Plaza Shopping Centre)   

 

Compiled by:               Matthew Rose, Senior Planner

Authorised by:            Natasha Baker, City Planning Manager  

 

Outcome

We plan for our future growth

Strategy

Facilitate quality development in the City that considers the current and future needs of our community

Service Activity

Plan for and facilitate development in the City

     

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.

 

Applicant:          Haben Property Fund, represented by Elton Consulting

Owner:               The Trust Company (Australia) Ltd, care of Haben Property Fund

Executive Summary

This report presents a rezoning application for 33-43 Phillip Street, St Marys, which is known as the Station Plaza Shopping Centre. The application seeks to maintain the current mixed-use zone but asks for an increase in the maximum permissible floor space (from 41,000 to 64,500m2) and the maximum building height (from 9-10 storeys to 19-20 storeys). These changes are sought to enable the redevelopment of the Shopping Centre into a new mixed-use development including apartments, upgraded shops, and commercial floor space. Such a development will take advantage of the site’s location within the Town Centre, opposite the train and bus station.

 

The rezoning application is considered to have sufficient merit for Council to consider the sponsor of a planning proposal that delivers the outcomes sought in the application. The sponsor and submission of a planning proposal to the NSW’s Department of Planning and Environment’s Gateway process will allow Council to undertake community and agency consultation on the Planning Proposal, consider submissions received in response to such an exhibition, determine whether or not to proceed with the planning proposal and amend the planning controls. The gateway process also presents an opportunity to engage with the NSW government in enhancing the business case for the North South rail link.

Background

The site is located at the northern end of the Town Centre, opposite the train and bus station. Attachment 1 provides a location map. The site has an area of 11,740m2 and has a dual frontage, addressing both Station Street to the north and Phillip Street to the south. It is separated from Queen Street, the main shopping street in the Town Centre, by a public car park and a service lane that caters for the Queen Street properties.

 

The existing Shopping Centre is a single-storey, large box-style, stand-alone shopping centre. The main entry to the centre is on Phillip Street. The Station Street frontage is largely used to provide car parking and access arrangements for the shopping centre, with a large, blank unattractive wall. The shopping centre currently provides about 6,500m2 of floor space including a Coles supermarket, 13 speciality shops, and 420m2 of offices.

 

The site is currently zoned B4 Mixed Use and the supporting planning controls include a maximum building height of 32 metres (about 9-10 storeys) and a floor space ratio of 3.5:1 (providing a maximum permissible floor space of 41,000m2). These controls implement the adopted 2006 St Marys Town Centre Strategy and supporting 2007 St Marys Town Centre Revised Masterplan. Together, these documents provide the following vision for an important and strategic precinct located around the train and bus station:

This precinct provides a key focus to the revitalisation of St Marys; and becomes a safe and exciting place to be; it is well lit and heavily used by pedestrians; traffic flows are limited and upgrades to public infrastructure is provided and there is street art installed. New development incorporates residential uses that overlook the street – the shopping centre increases its active frontages and provides better connectivity to Queen Street. New buildings do not create overshadowing on the street.

 

Council’s vision for the Town Centre has been in place for over a decade. Although this vision has been tested and re-examined with development proposals, it remains largely unchanged, as are many sites and precincts within the Town Centre.

 

More recently, the NSW Government’s Western City District Plan has identified the importance of the Town Centre to contribute to the growth of Western Sydney. There are also significant opportunities associated with the Western Sydney Airport, associated Growth Area, and infrastructure delivery, including the recently announced rail link with the airport. In recognition of these opportunities, a comprehensive, strategic exercise, similar to the Penrith City Centre review, is being programmed to understand what these and future opportunities mean for the future growth of the Town Centre.

 

The Rezoning Application

The application was received at the end of 2016; it sought to increase the maximum building height and permissible floor space to enable the redevelopment of the existing shopping centre into a new mixed-use development. The proposed development includes:

·     660-880 apartments (1, 2 and 3 bedrooms).

·     a 3,200m2 supermarket on the ground floor,

·     7,200m2 of speciality retail, café and restaurant uses,

·     2,200m2 of commercial floor space on the first floor, and

·     car parking (basement and above ground) to service the development.

To facilitate this outcome, the application requested that the:

·     current height of building control be increased from 32 metres (9-10 storeys) to 157 metres (about 50-51 storeys), and

·     current floor space ratio be increased from 3.5:1 (about 41,000m2) to 8:1 (about 94,000m2).

 

The application is considered an exciting prospect for the Town Centre and its communities. It presents a significant opportunity to deliver elements of Council’s adopted Strategy and has the potential to be a catalyst for further redevelopment and growth. It also responds to existing rail infrastructure and the proposed rail link with the airport. However, the review of the initial application identified several matters that needed further work:

·     The strategic context for the scale of the proposed increases that are significantly greater than currently planned for elsewhere in the Town Centre or similar centres,

·     The bulk and scale of the proposed 5-storey podium and potential impacts on the streetscape and public domain,

·     The bulk and height of the proposed towers and potential overshadowing impacts on neighbouring residential properties,

·     The design of the proposed towers and the level of residential amenity that would be provided noting potential noise and wind impacts and limited opportunities for appropriate ventilation and solar access.

·     If the scale of the proposed development will achieve a feasible development outcome.

 

This additional work, including a review by Council’s Urban Design Review Panel and a specialist economic consultant, indicated that the application needed several revisions. The Urban Design Review Panel identified the amendments necessary to the application to ensure that the impacts on the public domain, neighbouring properties, and residential amenity could be managed. Generally, these amendments required a reduction in the requested increases to floor space and building height.

 

The development feasibility information provided with the application indicated that the market risk associated with the proposal is high, with the key performance indicators falling below typical or desired levels. Council’s economic consultant agreed with these findings and concluded that the requested increases to height and floor space did not achieve development feasibility. However, the consultant also examined the feasibility of Council’s current controls and found that they are unlikely to stimulate redevelopment and that there is a need for a more limited increase in building height and floor space across the Town Centre.

The results of this work was used to negotiate the amendment of the application and the proposed development to ensure it had sufficient strategic and site-specific merit and that potential impacts were removed or could be managed. 

 

The Revised Rezoning Application

The revised application, submitted in early 2018, now seeks a more-limited increase to the existing controls:

·     A maximum building height of 61 metres (19-20 storeys), and

·     A floor space ratio of 5.5:1, providing about 64,500m2 of floor space.

The following table provides the original and revised amendments to demonstrate the revisions to the application.

 

Current Controls

Original Application

Revised Application

Difference

Building height

32m

(9-10 storeys)

157m

(50-51 storeys)

61m

(19-20 storeys)

-96m

(about 30 storeys less)

Floor area

3.5:1

41,000m2

8:1

94,000m2

5.5:1

64,500m2

-2.5:1

(about 29,500m2 less)

 

 

Attachment 2 provides an artist’s impression of the proposed development, which includes:

·     580-600 apartments (1, 2 and 3 bedrooms).

·     a 4,500m2 supermarket on the ground floor,

·     1,600m2 of speciality retail, café and restaurant uses addressing the street,

·     2,200m2 of commercial floor space on the first floor, and

·     car parking (including a basement car park) to service the development.

 

The current application is considered to:

·     Help reinforce the Town Centre’s role as a strategic centre.

·     Create new jobs, including 835-1,026 construction jobs and 583-601 jobs in the shopping centre (306-324 more than the currently provided 277 jobs).

·     Increase activity, spending and demand for new shops and services across the Town Centre because of the increased workforce and new residents.

·     Deliver new homes, including more affordable options such as one and two bed apartments.

·     Support and promote the use of existing and proposed public transport by locating new homes and businesses next to an existing train and bus station,

·     Deliver a better designed development than the current shopping centre, that addresses and activates local streets and improves the public domain. It would also signal arrival in the Town Centre when travelling by train.

 

The technical studies supporting the application demonstrate that any potential impacts can be adequately managed, including:

·     The design and arrangement of the buildings to:

minimise overshadowing of neighbouring residential areas to the east and south,

avoid the deflection of wind towards the street and public areas (a frequent problem with taller buildings), and

deliver satisfactory residential amenity in relation to noise, access to light, natural ventilation etc.

·     The ability of the existing road network to accommodate the traffic generated by the proposal.

·     The provision of sufficient car parking on-site to service the proposed development.

The requested increases to the planning controls are also consistent with the findings of the commissioned development feasibility analysis. They are within the range identified to provide sufficient stimulus for the redevelopment of the site. It is highly likely that the recently announced rail link with the airport will change land values in the Town Centre and in turn development feasibility, however there is still uncertainty until the corridors are confirmed and potentially committed. An analysis of these changes will be included in the broader strategic work we are programming for the Town Centre.

Conclusion

The application responds to Council’s aim to encourage new-mixed use and high-density residential development in the Town Centre, especially on sites close to the train and bus station. It also responds to the changing role of the Town Centre and Western Sydney as new infrastructure is delivered and the anticipated growth occurs. The application will also facilitate the redevelopment of an ageing shopping centre into a well-designed development that creates attractive, inviting, and safe public places.

 

The application has considerable strategic- and site-specific merit and the planning proposal (Attachment 3) should be sponsored through the Department of Planning & Environment’s Gateway Process (for making and amending local environmental plans). This will allow Council, subject to any Gateway Determination issued by the Department, to:

1.    Undertake community consultation on the planning proposal (public exhibition of 28 days),

2.    Consider the community’s submission on the planning proposal, and

3.    Determine whether or not to amend Penrith Local Environmental Plan 2010 (LEP 2010) to deliver the requested (or similar) outcome.

 

To expedite any amendment of LEP 2010, it is also recommended that Council request the Minister for Planning to delegate his plan making authority to Council.

 

We also intend to hold discussions with the NSW Government on the interaction of the proposal with:

·     the North-South Rail Link between Western Sydney Airport and the Town Centre, and

·     the investigations for the Greater Penrith to Eastern Creek Growth Area.

 

The proposal presents an early opportunity to work with the NSW Government under the framework of the City Deal to integrate land use and transport planning and potentially enhance the business case for the rail link. This can be undertaken at the same time as the Gateway Process.

 

RECOMMENDATION

That:

1.    The information contained in the report on Rezoning Proposal for 33-43 Phillip Street, St Marys (Station Plaza Shopping Centre) be received

2.    The Planning Proposal, included as Attachment 3, be sponsored for submission to the New South Wales Government’s Department of Planning and Environment’s Gateway Process.

3.    The General Manager be granted delegation to make minor changes to the Planning Proposal.

4.    The Minister be requested to delegate his authority for Council to finalise and make the proposed amendments to Penrith Local Environmental Plan 2010.

5.    Consultation with the New South Wales Government’s agencies be undertaken in accordance with any Gateway Determination.

6.    The Planning Proposal be placed on public exhibition in accordance with any Gateway Determination.

7.    A report be presented to Council on the submissions received during the public exhibition.

ATTACHMENTS/APPENDICES

1.

Location Map

1 Page

Attachments Included

2.

Artist's Impressions

1 Page

Attachments Included

3.

Planning Proposal

58 Pages

Attachments Included

  


Policy Review Committee Meeting                                                                       14 May 2018

 

 

 

2

Rezoning Application RZ17/0001: 39-49 Henry Street, Penrith   

 

Compiled by:               Matthew Rose, Senior Planner

Authorised by:            Natasha Baker, City Planning Manager  

 

Outcome

We plan for our future growth

Strategy

Facilitate quality development in the City that considers the current and future needs of our community

Service Activity

Plan for and facilitate development in the City

     

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.

 

Applicant: Think Planners

Owner:      3945 Penrith Pty Ltd and 4749 Penrith Pty Ltd

Executive Summary

Council has received a rezoning application for 39-49 Henry Street, Penrith. The application seeks to maintain the current mixed-use zone, but asks for an increase in the maximum permissible floor space. The application also seeks changes to the current controls for achieving design excellence and proposes to expand the definition of public benefit to include hotels and motels. These changes are sought to enable the development of the site with a mixed-use development including apartments, a hotel, and ground floor commercial and retail premises.

This report presents a review of the rezoning application including an examination of its strategic and site-specific merits. The application is considered to have sufficient merit for Council to consider the sponsor of a planning proposal that increases the permissible floor space on the site. The proposed changes to the current controls for achieving design excellence and providing a public benefit are not supported.

The application responds to the changing strategic policy platform that has elevated Penrith City Centre to one of the Cities in the Western City Metropolitan Cluster. The proposed development will help provide a range of housing in a location that good access to public transport, jobs, shops, services. The new residential population and the activity generated by the proposed hotel and associated commercial uses present an opportunity to stimulate the eastern part of the City Centre, particularly it’s night-time economy. The proposed hotel will also generate new jobs, provide short-term accommodation in the City Centre, and contribute to Penrith’s emerging tourism industry sector.

The sponsor and submission of a planning proposal to the NSW’s Department of Planning and Environment’s Gateway process will allow Council to undertake community and agency consultation on the Planning Proposal, consider submissions received in response to such an exhibition, and determine whether or not to proceed with the planning proposal and amend the current planning controls.

Background

39-49 Henry Street, Penrith is in Penrith City Centre and is approximately 800-900 metres from Penrith Train Station. The site is located on the edge of the City Centre’s commercial core, immediately east of the Lemongrove Bridge between Henry Street and Jane Street (refer Attachment 1). The site is largely vacant, but is also occupied by a derelict, single-storey commercial building. The site consists of two lots (Lot 1 DP 710350 and Lot 10 DP 788189) that together have an area of 6,356m2. The site benefits from a frontage on Henry Street frontage of about 120 metres.

The site is currently zoned B4 Mixed Use (refer Attachment 2) in Penrith Local Environmental Plan 2010. The supporting controls include a split building height increasing from 24 metres (7-8 storeys) to 32 metres (9-10 storeys) and a floor space ratio of 3.5:1 (providing a maximum permissible floor space of 22,246m2).

The site is also part of a larger Key Site and benefits from additional controls that provide a bonus floor space ratio in return for the delivery of certain community infrastructure, such as recreation facilities, car parks or roads. The bonus floor space ratio is 1.5:1 increasing the potential maximum floor space ratio to 5:1 or a maximum permissible floor space of 31,780m2. This control also removes the maximum building height. The current controls for Key sites in the City centre also require a design excellence competition for any future development application.

The Rezoning Application

The application was received in July 2017; it seeks several amendments and additions to the current planning controls to facilitate a mixed-use development containing 445 apartments, a 100-room hotel, and ground floor commercial and retail premises. The proponents have received an expression of interest from a reputable hotel provider/operator to partner in the delivery of short term accommodation.

An assessment of the application was undertaken and further information was requested regarding flooding, feasibility, the proposed hotel component, urban design and traffic and parking. This additional information was received throughout 2017-18 and officers worked through related issues with the proponents. A revised draft planning proposal was submitted on 23 April 2018. Councillors were briefed on the Planning Proposal in August and October 2017.

To achieve the proposed outcome, the application requests:

1.   An increase in the baseline floor space ratio from 3.5:1 to a split floor space ratio of 6:1 increasing to 6.5:1.

2.   An increase in the bonus floor space ratio for part of the site from 1.5 to 2.5:1 increasing the potential maximum floor space ratio to 8.5:1.

3.   A new control that facilitates a collaborative process to achieve design excellence to replace the current design competition requirements.

4.   An expansion of the currently defined community infrastructure uses to include “hotel or motel accommodation”.

The proposed changes to the floor space controls are detailed in the following table. In summary, the application seeks an additional 15,685m2 of floor space. The proposed changes would also facilitate a development of up to 34 storeys.

Site

Current FSR

Current Incentive

Current Total

Proposed FSR

Proposed Incentive

Proposed Total

Lot 10 DP 788189

3.5:1

(10,763m2)

1.5:1

(4,613m2)

5:1

(15,375m2)

6:1

(18,450m2)

2.5:1

(7,688m2)

8:5.1

(26,138m2)

Lot 1 DP 710350

3.5:1

(11,484m2)

1.5:1

(4,922m2)

5:1

(16,405m2)

6.5:1

(21,327m2)

-

6.5:1

(21,327m2)

Totals

31,780m2

47,465m2

The application seeks an alternative design excellence collaborative process, instead of the current competitive process, to allow for consideration of a staged development application. The proponent indicates that:

·    a staged development application would be required for commercial reasons, with the first stage identifying building envelopes and subsequent stage(s) settling a detailed design, and

·    the current design completion requirements may not accommodate a staged development application.

The application also proposes the expansion of the current community infrastructure definition to include hotel and motel accommodation. It makes the case that this type of land use is “a significant piece of community infrastructure that delivers a public benefit […]” justifying that:

·    it is an employment generating opportunity,

·    will contribute to Penrith’s emerging tourism industry sector, and

·    potential provide a catalytic effect for further investment and development in the City Centre.

The application is supported with a draft Planning Proposal and the following technical studies:

1.   Flood Impact Assessment - March 2018.

2.   Urban Design Study (including overshadowing analysis) - February 2018.

3.   Traffic and Parking Assessment Report - January 2018.

4.   Wind Assessment – November 2017.

5.   Acoustic Assessment – November 2017.

Review of Rezoning Application

A Metropolis of Three Cities is the region plan for Greater Sydney. It sets a vision of three cities – the Western Parkland City, Central River City and Eastern Harbour City - where most residents live within 30 minutes of their jobs and necessary services and facilities. The Western City District is focused on the established centres of Greater Penrith, Liverpool and Campbelltown/Macarthur. The growth and development of this city will draw on the significant investment in the Western Sydney Airport, associated public transport, and the Badgerys Creek Aerotropolis.

Council has commenced a comprehensive review of its planning for the City Centre to respond to this new strategic direction. This review focusses on how the City Centre can be positioned to capitalise on the future growth and transform it into a centre of business, tourism and economic intensity. This work will identify the required amount of commercial and retail floorspace as well as the public spaces required to attract new businesses and residents to the City Centre.

The proposed increase in development density, through an increase in the maximum permissible floor space, is considered to respond to the changing strategic policy platform that has elevated Penrith City Centre to one of the Cities in the Western City Metropolitan Cluster. The proposed increase in floor space aligns the site with similar centres in the Western City. It also takes advantage of the site’s distance (800m) from the train station.

The proposed development also responds to current strategic plans, including the City Centre Vision and Penrith Progression. It will help provide a range of housing in a location with good access to public transport, jobs, shops, services. The new residential population and the activity generated by the proposed hotel and associated commercial uses present an opportunity to stimulate the eastern part of the City Centre, an area dominated by single storey commercial and bulky goods uses. The proposed hotel will also generate new jobs and contribute to Penrith’s emerging tourism industry sector. New development within the eastern gateway into the City Centre will also enhance the City’s appearance, serving as a catalyst for further investment and development.

Proposed Increase in Floor Space

The application is seeking to amend the current floor space controls ahead of the City Centre review. The current controls are also less than 12 months old. In June 2017, the maximum permissible floor space for certain Key Sites in the City Centre (including the site) was increased through an incentivised bonus in return for community infrastructure. The aim of these changes is to facilitate higher density development that reflects the desired character of development of the Key Sites while undertaking the broader City Centre review.

The recent changes to the planning controls were based on a detailed analysis of development feasibility (by the AEC Group). This work identified the feasibility of current controls and a reasonable amount of public benefit that could be captured from proposed residential developments seeking to use the incentive ($150 per square metre of additional floor space). The policy supporting the controls does not impose a public benefit payment on new commercial development (which would include new hotels). The feasibility work was revisited in the assessment of this application and confirms that an increase in the current controls is not required to make the proposed development feasible.

However, considering the potential benefits of the proposed hotel and the fact that the viability of this land use is largely untested in the City Centre, it is recommended that the proposed increase in floor space be delivered through an amendment of the bonus floor space control (with the baseline floor space ratio maintained at 3.5:1). This delivers the requested increase in floor space, providing the incentive for the proposed development. This promotes three different scenarios:

1.   If the uplift is used to deliver the hotel, it will not attract a public benefit contribution,

2.   if the uplift is used for residential development, it will attract the public benefit contribution.

3.   If a public benefit contribution is not made, the existing height and floor space ratio controls apply.

The exact amount of floor space that will be exempt will be identified in any future development application.

Public Benefit

The proposal seeks to use the proposed hotel as an off-set for the community infrastructure required under the public benefit controls and policy. Although the proposed hotel could bring many benefits to the City Centre, it is a commercial use and is not considered to provide any direct benefit to the community. There is also no guarantee that a hotel will be delivered on the site as a result of the proposed change in planning controls. As such, the proposed expansion of community infrastructure to include hotels would not align with the intent of the incentive clause, which is to capture a share of the value of any uplift in residential density for the benefit of the community in the form of parks and other recreation facilities, car parks and roads.

This element of the proposal should not be supported. If the Planning Proposal proceeds without this change, any future development application will be assessed against the current clause and associated policy. This means that it will need to provide an appropriate public benefit (works in kind or cash contribution) if it seeks to develop the site with the bonus floor space.

Design Excellence

The currently required design excellence competition process (for Key sites in the City Centre) was set by the NSW Government Architects Office. It aims to secure design excellence on the Key Sites because they are large landholdings in important locations and any development of them needs to make a positive contribution to the architectural quality, appearance and design of the City Centre.

The current process requires a minimum of three architectural firms to participate in an invited or open competition judged by a jury of representatives from the proponent, Council and the Department of Planning and Environment. The process already provides for an exemption from the design competition, for example, where concept drawings are submitted for a manifestly outstanding building, and the architect has a reputation for delivering buildings of the highest quality. This is normally resolved through development application considerations.

The proposed collaborative approach would give the developer sole discretion to select an architectural firm(s) and is considered to remove the scrutiny and independence provided by the current competition process. As such, this element of the proposal should not be supported.

Other Site-Specific Considerations

The technical documents supporting the application demonstrate that:

1.   Overshadowing: The increased heights will affect additional properties when compared with a development under the current controls. However, these impacts are contained within the area zoned B4 Mixed Use associated with the City Centre and do not affect adjacent residential areas. Any development application will have to address this matter in more detail and will need to examine ways to manage potential impacts.

2.   Traffic: The traffic generated by the development will have a limited impact on the existing road network, but this could be accommodated in the upgrades being considered in the traffic and transport component of the City Centre review. Further traffic modelling will be required to support any development application. This is likely to be at a time when Council’s City-wide study will be available to provide a more accurate reflection of future traffic activity in the City Centre. Council will also be guided by Roads and Maritime Services on this matter as part of the Gateway Process.

3.   Car parking: Suitable car parking can be provided on-site.

4.   Flooding: Part of the site is affected by an overland flood route and contains below ground, drainage infrastructure (a 1.5 by 1.2 metre box culvert). Although the impact of the proposed development on flooding elsewhere can be appropriately managed (in a development application) both of these matters may affect the future built footprint that could be achieved on site. Council does not support development over drainage infrastructure due to the limitations on and the risks and costs associated with any future maintenance or upgrade activities. It is highly likely that infrastructure will need to be relocated as part of any future development.

5.   Noise and wind: The impacts associated with noise from the nearby train line and wind tunnelling associated with the tall buildings can be appropriately managed through suitable design or mitigation measures (to be considered as part of any future development application).

6.   Contamination: The site is already zoned B4 Mixed Use and the proposal does not seek to introduce any more sensitive land uses than currently permitted.

Conclusion

The application responds to the changing role of the City Centre and Western Sydney more generally as new infrastructure is delivered and the anticipated growth occurs. It also responds to Council’s aim of encouraging new-mixed use and high-density residential development in the eastern part of the City Centre.

The application precedes Council’s comprehensive body of work planning the future of the City Centre and seeks an amendment to Council’s recent interim arrangements through the incentives clause to encourage some early development within the City Centre. The proposed increases are also not required to achieve development feasibility. However, the potential benefits of the proposed development, specifically the hotel, allow the support of a measured approach to increasing the permissible floor space through the public benefit incentives clause. This would provide the incentive of increased floor space to encourage the development of the site, including with a hotel, and ensure that any development would be considered against the checks and balances of the adopted public benefit policy.

The concerns outlined with the proposed amendment of the current design excellence requirements and the request for the hotel to be considered as a public benefit mean that these elements of the proposal should not be supported. They can be further managed in the consideration of any future development application.

The technical studies supporting the application suggest that any potential impacts can be adequately managed through the development application process.

It is recommended that the submitted planning proposal (Attachment 3) be amended so that it:

1.    Maintains the current floor space ratio for the site (both lots) at 3.5:1.

2.    Amends the maximum floor space ratio set in Clause 8.7 Community infrastructure on certain key sites, of LEP 2010 (i.e. bonus floor space) for:

a)   Lot 10 DP 788189 from 5:1 to 8.5:1, and

b)   Lot 1 DP 710350 from 5:1 to 6.5:1.

3.    Does not seek amendments to the existing public benefit and design excellence controls.

A full copy of the planning proposal and supporting studies will be provided as a separate enclosure for the meeting.

The sponsor of the amended Planning Proposal will allow it to be submitted to the Department of Planning & Environment’s Gateway Process for making and amending local environmental plans. This will allow Council, subject to any Gateway Determination issued by the Department, to:

1.    Undertake community consultation on the planning proposal (public exhibition of 28 days),

2.    Consider the community’s submission on the planning proposal, and

3.    Determine whether or not to amend Penrith Local Environmental Plan 2010 (LEP 2010) to deliver the requested (or similar) outcome.

To expedite any amendment of the planning controls, it is also recommended that Council request the Minister for Planning to delegate his plan making authority to Council.

 

RECOMMENDATION

That:

1.     The information contained in the report on Rezoning Application RZ17/0001: 39-49 Henry Street, Penrith be received.

2.     The planning proposal (provided as Attachment 3) be amended to:

a.   Maintain the current floor space ratio for the site at 3.5:1.

b.   Set a maximum floor space ratio in clause 8.7 Community infrastructure on certain key sites, of Penrith Local Environmental Plan 2010 for Lot 10 DP 788189 at 8.5:1.

c.   Set a maximum floor space ratio in clause 8.7 Community infrastructure on certain key sites, of Penrith Local Environmental Plan 2010 for Lot 1 DP 710350 at 6.5:1.

d.   Remove the proposed amendments concerning the types of community infrastructure and the design excellence competition.

3.     The General Manager be granted delegation to update and finalise the Planning Proposal before submitting it to the Greater Sydney Commission / Department of Planning and Environment seeking a Gateway Determination.

4.     In accordance with Section 3.34 of the Environmental Planning and Assessment Act 1979, Council forward the amended Planning Proposal to the Greater Sydney Commission / Department of Planning and Environment seeking a Gateway Determination.

5.     The Minister for Planning be requested to delegate his authority for Council to finalise and make the proposed amendments to Penrith Local Environmental Plan 2010.

6.     Consultation with the New South Wales Government’s agencies be undertaken in accordance with any Gateway Determination.

7.     The Planning Proposal be placed on public exhibition in accordance with any Gateway Determination.

8.     A report be presented to Council on the submissions received from NSW Government Agencies during the public exhibition.

 

 

ATTACHMENTS/APPENDICES

1.

Site Location

2 Pages

Attachments Included

2.

Land Use Zones

2 Pages

Attachments Included

3.

Planning Proposal (No Appendices)

59 Pages

Attachments Included

  


Policy Review Committee Meeting                                                                       14 May 2018

 

 

 

3

Planning Proposal to amend Penrith Local Environmental Plan 2010 - 57 Henry Street, Penrith   

 

Compiled by:               Nicole Dukinfield, Senior Planner

Authorised by:            Natasha Baker, City Planning Manager  

 

Outcome

We plan for our future growth

Strategy

Facilitate quality development in the City that considers the current and future needs of our community

Service Activity

Plan for and facilitate development in the City

     

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.

 

Owner: By The Park Pty Ltd

Proponent: Dickson Rothschild

Executive Summary

Council is in receipt of a Planning Proposal to amend the Penrith Local Environmental Plan (LEP) 2010. The Planning Proposal relates to land at 57 Henry Street, Penrith. The purpose of this report is to seek Council’s endorsement to amend the Penrith LEP 2010 and commence the NSW Department of Planning and Environment’s (DP&E) Gateway process for land at 57 Henry Street, Penrith.

 

The Planning Proposal seeks to access bonus Floor Space Ratio (FSR) provisions in return for additional community infrastructure.

 

Council staff have been in ongoing discussions with the proponents since the lodgement of the Planning Proposal to achieve an innovative and appropriate outcome for the site. As a result, it is considered that the Planning Proposal has demonstrated sufficient merit and it is recommended a Planning Proposal be endorsed and submitted to the DP&E for a Gateway Determination seeking the following amendments:

 

1.   Amend the Key Sites map to identify 57 Henry Street, Penrith as a Key Site, enabling the site to access bonus FSR in return for community infrastructure in line with the incentives clause provisions

 

2.   Amend clause 8.7 to identify a maximum bonus FSR of 6.5:1 for the subject land

 

3.   Amend Schedule 1 – Additional Permitted Uses to:

 

a.   permit residential flat buildings and shop-top housing, if the development includes a minimum non-residential floor area of 0.75:1 FSR, and

b.   specify that the permissibility of residential development ceases to apply three (3) years after the date the LEP amendment is made.

 

The proposed amendments respond to issues regarding feasibility, loss of employment land and the deliverability of the development, but also as an opportunity to activate the eastern part of the Penrith City Centre and ensure employment floor area is provided as part of any future development on the subject land.

The submission of a planning proposal to the Greater Sydney Commission / DP&E under the  Gateway process will allow Council to undertake community and agency consultation on the Planning Proposal, consider submissions received in response to such an exhibition, and determine whether or not to proceed with the planning proposal and amend the current planning controls.

 

Background

The subject land has previously been under the ownership of the NSW Government. However in 2015, the current owners purchased the subject land.

 

In September 2016, a Planning Proposal to amend the planning controls for the subject land was submitted to Council seeking the following amendments:

·    To rezone the land from B3 Commercial Core to B4 Mixed Use

·    Identify the subject land as a Key Site to access bonus floor space incentives in return for additional community infrastructure

·    Identify a bonus FSR of 6.5:1 under the provisions of clause 8.7, including a FSR of 1:1 for hotel and tourist related accommodation

 

Based on the proposed controls, the Planning Proposal sought to facilitate approximately 454 residential units, tourist-related floor area of approximately 7,730 sqm and retail/commercial floor area of approximately 1,571 sqm. The development would be captured within two residential towers (one at 25 storeys or 82 metres, and one at 38 storeys or 121 metres) and several podium levels. The Planning Proposal is provided in Appendix 1.

 

An assessment of the Planning Proposal was undertaken and further information was requested regarding flooding, feasibility, the proposed hotel component, urban design and heritage, density and contamination. This additional information was submitted to Council in May 2017.

 

The additional information was considered by Council staff and Councillors were briefed on the Planning Proposal in August and October 2017. Since this time Council staff have continued to work through these issues with the proponents in order to reach an appropriate outcome.

 

Key considerations

Ongoing discussions have been held with the proponents since the lodgement of the Planning Proposal to work through some key considerations relating to the proposed FSR, the potential loss of employment land, feasibility (particularly around a hotel forming part of the development) and flooding. A summary of these key considerations is provided below.

 

Nomination of the subject land as a Key Site

 

The Planning Proposal seeks to identify the subject land as a Key Site to access bonus FSR in return for additional community infrastructure. The identification of the subject land as a Key Site is considered appropriate given that it aligns with the height spine along the railway line under the existing incentives clause provisions and other Key Sites, and essentially ‘fills the gap’ between the two Key Sites on either side of the subject land.

 

It is assumed the site was not originally identified as a Key Site due to the site being owned by the NSW Government prior to the current ownership when this analysis was undertaken.

 

 

 

 

Proposed height and FSR

 

In line with the LEP incentives clause provisions under clause 8.7 of the Penrith LEP 2010, the proposal seeks a bonus FSR of 6.5:1 with no maximum building height applicable. The Planning Proposal states that the justification for the proposed density is that the site is considered a ‘gateway’ location at the eastern portion of the City Centre and provides a landmark development along a key intersection that warrants a taller building.

 

For this reason, the Planning Proposal provides for a slightly higher bonus FSR than other Key Sites on either side of the subject land. To the west of the subject land, Key Site 8 has a bonus FSR of 5.5:1 and to the east, Key Site 7 has a bonus FSR of 5:1.

 

Consistent with the other Key Sites, if no community infrastructure offer is provided, the existing height and FSR controls remain.

 

Heritage significance of the site

 

The subject land has a heritage item listing being the Penrith Infants Department. The significance of the heritage item relates to the school being representative of a model suburban school building of its era and demonstrates the consolidation of public education within the Local Government Area following the Public Instruction Act of 1880.

 

The Planning Proposal was referred to Council’s Heritage Advisor and Urban Design Review Panel with concerns raised regarding the limited curtilage around the heritage item and impact of the podium levels. In response to the issues raised, the revised Urban Design Analysis Report (prepared by Dickson Rothschild) and the Heritage Impact Statement (prepared by Weir Phillips Heritage) identifies that these issues can be mitigated for by lowering the podium height and by substantially enlarging and enhancing the curtilage of the heritage item.

 

It is anticipated that a Conservation Management Plan will be submitted with a future Development Application, outlining the proposed uses and management of the heritage item and integration with the overall development of the site.

 

Traffic and access

 

A Traffic and Parking Assessment (prepared by Traffic and Parking Consultants) proposed direct vehicular access to and from North Street. Due to challenges with this proposed access in terms of future road widening and the subject land being located adjacent to Lemongrove Bridge, the proponents were requested to revise their development concepts and the proposed access arrangements. Revised development concepts submitted reflect access off Henry Street only.

 

Modelling has not been undertaken for the traffic generation of the proposed development in the context of the existing road network, and the existing network capacity and operation of the Evan Street/Henry Street signalled intersection. The Planning Proposal states that the traffic modelling for the development will be undertaken at Development Application stage, when Council’s traffic study will be available to provide a more accurate reflection of the traffic activity in Penrith City Centre at the completion of the development. As Council’s traffic study is expected to be finalised by the end of 2018, these timeframes are likely to align.

 

However, it is recommended that Council be guided by the NSW Department of Planning and Environment and Roads and Maritime Services on this matter as part of the Gateway process to determine whether further traffic modelling should be carried out prior to the finalisation of the Planning Proposal, or deferred to when a Development Application is submitted and Council’s traffic modelling is finalised.

 

Reduction in employment land and feasibility of development

 

The Planning Proposal seeks to rezone land from B3 Commercial Core to B4 Mixed Use to facilitate residential development on the subject land, which will result in a reduction of land zoned within the Penrith City Centre that was otherwise zoned solely for employment purposes. The B4 Mixed Use zone does facilitate the development of employment uses such as retail and commercial floor area, however there is no minimum requirement to do so as residential flat buildings are also permissible within the B4 Mixed Use zone.

 

The Planning Proposal justifies the proposed reduction of employment land and introduction of residential land uses for the subject land as being necessary to facilitate the provision of a smaller amount of floor area for employment uses on the site. It should be noted that no analysis to justify the proposed reduction of the commercial core zone in regard to size, shape and cumulative impact on employment land within the City Centre was provided. The submitted Economic Impact Assessment and Supplementary Economic Assessment and Feasibility Report (both prepared by Hill PDA) identifies that the proposed development of the subject land would not be feasible unless a significant residential component is provided. Council engaged economic consultants AEC Group to carry out a Peer Review of these reports and the following observations were made:

·    Confirmed that commercial-only development under current market conditions is unlikely to be feasible due to lower commercial rent values

·    The proposed development is marginally feasible given the larger quantum of residential floorspace however delivery would carry significant risk for the developer and is dependent on apartment sales values

·    Given the marginal feasibility of the proposed development, the potential to provide a community benefit may be difficult

 

Given the outcomes of the Peer Review of development feasibility, concerns are raised regarding the deliverability of the proposal and Council staff have been discussing how the planning controls could seek to mitigate this issue.

 

Notwithstanding the above, in late 2017 Council begun a review of planning controls for the Penrith City Centre which also included a review of feasibility. Council is in receipt of the initial findings of this work and this will be presented to Council in due course. However, there are several initial findings from this work which influence the assessment of the planning proposal including:

·    That the capacity for employment land under the current controls is adequate for the projected demand and no reduction or expansion of B3 Commercial Core zoned land is recommended

·    That opportunities to activate the land within the eastern part of the City Centre should be considered, including key gateway development sites

·    With regard to feasibility, the construction costs utilised under feasibility testing are based on a standardised set of assumptions and may not reflect practices local to Penrith, or reduced build qualities. 

 

These initial findings create an obvious challenge when applied to the subject Planning Proposal in the context of issues relating to feasibility and the loss of employment land, however the Planning Proposal provides an opportunity to deliver a component of commercial and/or retail floor area, additional dwellings within the City Centre, and would contribute to the activation of the eastern part of the City Centre.

 

It is considered that a flexible and innovative response to ‘incentivise’ the delivery of the proposed development in the short term is required in this case and therefore the Planning Proposal should be facilitated but restricted on its permissibility to within a specified timeframe.

 

Further explanation on the recommended LEP provisions in response to these issues are provided under the proposed LEP amendment section below.

 

Hotel and tourist related uses

 

During initial discussions with the proponents regarding the likelihood of a hotel forming part of the development, the proponents were confident that an end-user would be identified therefore proposed that as part of the provisions for the subject land, sought a 1:1 FSR for hotel and tourist-related uses. As discussions progressed, the proponents advised that the hotel component could no longer result in a feasible development outcome and requested the 1:1 FSR provision for hotel and tourist-related uses be removed. The proponents also advised that they had not secured a hotel provider as an end user.

 

Council staff raised concerns that, should the land be rezoned, there would be no certainty that the proposed development would result in the deliverability of any employment-related uses as part of a future development. In response to this issue, Council staff proposed that a minimum FSR for non-residential uses would be considered more appropriate in lieu of a FSR of 1:1 for hotel uses only. This would ensure that any development of the land would be required to provide a minimum quantity of floor area for uses that are not residential. This approach could also facilitate a wider variety of employment related uses including a hotel, office premises, a supermarket, or cafes and restaurants.

 

During discussions with the proponents and Council staff, both parties agreed to a minimum FSR for non-residential uses of 0.75:1 as an appropriate amount that balances feasibility, an appropriate floor area for future employment uses and the ability to deliver community infrastructure under the incentives clause provisions. 

 

Flooding

 

The subject land is identified as being affected from local overland flooding. Flooding was not addressed in the Planning Proposal as originally submitted and the proponents were requested to prepare a Flood Impact Assessment.

 

A report on the diversion of stormwater pipe and overland flow (prepared by Woolacotts) was submitted and generally addressed Council’s requirements in addressing overland flow. No objections were made in regard to the proposed mitigation of overland flow however there are a number of matters that the proponents will be required to address as part of any future development application with regard to local overland flooding.

 

Community Infrastructure offer

 

The Planning Proposal does not detail the offer of community infrastructure under the incentives clause provisions, although as part of ongoing discussions with the proponents, the proponents are considering a range of community infrastructure options including a cash contribution in accordance with the Community Infrastructure Policy.

 

In accordance with the provisions of the Community Infrastructure Policy, future development will be required to contribute a value of $150 per sqm of any bonus floor space accessed under the provisions of the incentives clause. 

 

Although ideally it is preferred that further information be provided regarding an offer of community infrastructure as part of the development proposal, it is not a necessary component of the Planning Proposal.

 

Proposed LEP amendment

In response to the key issues identified above, the following amendments to the Penrith LEP 2010 are recommended for the subject land:

 

1.   Amend the Key Sites map to identify 57 Henry Street, Penrith as a Key Site, enabling the site to access bonus FSR in return for community infrastructure in line with the incentives clause provisions

 

2.   Amend clause 8.7 to identify a maximum bonus FSR of 6.5:1 for the subject land

 

3.   Amend Schedule 1 – Additional Permitted Uses to:

 

a.   permit residential flat buildings and shop-top housing, if the development includes a minimum non-residential floor area of 0.75:1 FSR, and

b.   specify that the permissibility of residential development ceases to apply three (3) years after the date the LEP amendment is made.

 

In response to the issues regarding the loss of employment land and feasibility, and deliverability of the development proposal, it is recommended that instead of rezoning the land from B3 Commercial Core to B4 Mixed Use, the subject land be permitted to facilitate residential flat buildings and shop-top housing but only for a period of time of up to three years after the LEP amendment is made.

 

This approach considers the preliminary outcomes of the City Centre Review with regard to the adequacy of the Commercial Core zoned land, by offering an incentive to develop the site in the short term and activate this area of the City Centre with more certainty the development outcome proposed will be realised.

 

Under these provisions, the proponents will have three (3) years to seek development consent should they wish to include residential uses as part of their development, from the time the LEP amendment is made. If development consent has not been granted within the three year timeframe, then the ability to develop residential uses on the land will cease to apply. Given the Western Sydney Airport’s opening in 2026, and most recently the Western Sydney City Deal announcement with significant initiatives for Penrith, a timeframe of 3 years is considered appropriate with regard to the issues relating to feasibility and market conditions. A review of the planning controls applicable to the subject land will be carried out after this time. It should be noted that the site will retain its identification as a Key Site irrespective of the 3 year residential development timeframe.

 

By submitting a Planning Proposal to the Greater Sydney Commission / DP&E, the Gateway process will allow Council to consult with the DP&E on this approach.

 

Next steps

The Planning Proposal is largely consistent with the Local Planning Directions issued by the Minister for Planning. Any inconsistencies are considered to be minor or can be justified.

 

Should Council endorse the proposed amendments, the submitted Planning Proposal will be amended in accordance with the changes outlined in this report and submitted to the Greater Sydney Commission / DP&E with a request for a Gateway Determination to proceed to public exhibition.

 

Should the Planning Proposal be granted approval to proceed under the Gateway Determination, the Planning Proposal will be placed on public exhibition for the specified period of time as required by the Gateway Determination. A further report to Council will be provided advising of the outcomes of the public exhibition.

 

Delegation is recommended to be sought for the General Manager to update and finalise the Planning Proposal for the making of the LEP amendment.

 

Conclusion

Council staff have held ongoing discussions with the proponents of the subject land to provide an innovative and appropriate development outcome. The Planning Proposal has the potential to facilitate over 5,500 sqm of employment related uses, approximately 549 dwellings, and activate the eastern part of the City Centre whilst delivering additional community infrastructure.

 

It is recommended a Planning Proposal to amend the Penrith LEP 2010 be forwarded to the Greater Sydney Commission / DP&E to commence the Gateway process.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Planning Proposal to amend Penrith Local Environmental Plan 2010 - 57 Henry Street, Penrith be received

2.    In accordance with Section 3.34 of the Environmental Planning and Assessment Act 1979, Council forward a Planning Proposal to amend the Penrith Local Environmental Plan 2010 to the Greater Sydney Commission / Department of Planning and Environment seeking a Gateway Determination

3.    The General Manager be granted delegation to update and finalise the Planning Proposal, written instrument and associated maps before submitting it to the Greater Sydney Commission / Department of Planning and Environment seeking a Gateway Determination

 

4.    The Minister for Planning be requested to delegate his authority for Council to finalise and make the proposed amendment to Penrith Local Environmental Plan 2010

 

5.    Council undertake community consultation as outlined within any approved Gateway Determination

 

ATTACHMENTS/APPENDICES

1.

Planning Proposal - 57 Henry Street  Penrith

54 Pages

Attachments Included

 Under Separate Cover (Website)

2.

Planning Proposal - Additional Information - 57 Henry Street Penrith

96 Pages

Attachments Included

 Under Separate Cover (Website)

3.

Urban Design Report - 57 Henry Street Penrith

61 Pages

Attachments Included

 Under Separate Cover (Website)

4.

Economic Impact Assessment - 57 Henry Street Penrith

36 Pages

Attachments Included

 Under Separate Cover (Website)

5.

Contamination Report - 57 Henry Street Penrith

99 Pages

Attachments Included

 Under Separate Cover (Website)

6.

Traffic Assessment Report - 57 Henry Street Penrith

31 Pages

Attachments Included

 Under Separate Cover (Website)

7.

Heritage Impact Statement - 57 Henry Street Penrith

25 Pages

Attachments Included

 Under Separate Cover (Website)

   


 

 

Outcome 3 - We can get around the City

 

 

There were no reports under this Delivery Program when the Business Paper was compiled


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 4 - We have safe, vibrant places

 

Item                                                                                                                                       Page

 

4        Oxley Park Place Plan Progress                                                                                      27

 

 



Policy Review Committee Meeting                                                                       14 May 2018

 

 

 

4

Oxley Park Place Plan Progress   

 

Compiled by:               Rubie Ireson, Community Engagement Officer

Lila Kennelly, Community Engagement Officer

Authorised by:            Jeni Pollard, Place Manager  

 

Outcome

We have safe, vibrant places

Strategy

Work with our communities to improve wellbeing and infrastructure in their neighbourhoods

Service Activity

Work with local communities to identify priority issues in their area

 

Presenters:                  Jeni Pollard - Place Management - Oxley Park Place Plan Progress      

 

Executive Summary

This report provides Council with an update on the Oxley Park Place Plan and the related actions undertaken to date. The Oxley Park Place Plan was endorsed by Council at the Policy Review Committee Meeting on 11th September, 2017.

 

The Oxley Park Place Plan was developed in response to issues raised by residents and brings together a cross functional team of Council staff and relevant managers to deliver key improvements in the neighbourhood. This report provides Council with an overview of the key achievements delivered through the Oxley Park Place Plan, recommending that Council receive the information contained.

Background

In 1998, Council zoned Oxley Park as “2(c) Residential (Low-Medium Density)” under LEP 1998 (Urban Lands). This zone was applied in the context of the NSW State Government’s planned railway station for Oxley Park, which subsequently did not progress. This zone allowed villa style development / multi-unit housing with a single storey appearance.

 

Noticeable change did not occur in the suburb until around 2010 when development applications for multi-unit housing began to be received by Council due to an increase in demand in the market.

 

In 2015, this zone was translated to R3 Medium Density zone (template zone) in Amendment 4 to Penrith LEP 2010. The R3 Medium density zone permitted town houses in addition to the then permissible villa development.

 

In recent years, there has been a significant acceleration of development in Oxley Park, changing the streetscape from one of detached dwellings with larger front yards and back yards to many more villas and town houses with a greater reliance on on-street parking. This change has caused significant concern for some residents, particularly those who have seen and felt the impact over a number of years.

 

Population growth also has some positive impacts, it supports the viability of local businesses on Sydney Street and the local public school to thrive with increased patronage and student numbers.

 

 

It is estimated that of all developable land in Oxley Park;

·    approximately 40% has been developed

·    approximately 20% of properties have had development applications approved and are awaiting construction

·    the remaining 40% of developable land is available for future development.

 

In early 2017, the Place Management Department undertook a series of community engagement activities in Oxley Park in response to a growing number of concerns from residents. These included:

·    A letter delivered to all homes introducing the Place Management Department and inviting residents to contact an officer regarding any concerns,

·    Follow up contact by phone and email exchanges with residents that responded to the letter, some representing groups of neighbours who had come together to convey their concerns and aspirations for the neighbourhood,

·    Site meetings with residents and the cross-functional team of Council staff; including Rangers Waste Education Officers, Road Safety Officer, Neighbourhood Renewal staff, representatives from City Planning and Development Services.

 

 

A site meeting with a group of residents in Oxley Park, discussing their concerns and thoughts with Deputy Mayor Clr Hitchen and Council staff

 

The Oxley Park Place Plan was developed in response to the issues raised by residents during the community engagement process and provides a coordinated action plan, bringing together a number of key Council departments to form a cross functional response team. The Place Plan was endorsed by Council in September 2017 with actions that are anticipated through to June 2020.

 

This report details the progress of the Oxley Park Place Plan delivery to date and an update of the activities that have taken place thus far. 

Oxley Park Place Plan - Key Priorities

The Oxley Park  Place Plan was developed to include short term (June 2018) and longer term (June 2020) actions. Key priorities include:

 

·    Developing a Communications Strategy to promote Council services and activities,

·    Managing waste and illegal dumping,

·    Enhanced pathways, pedestrian safety, bus shelters and parking,

·    Recreational space for the increasing population density in the neighbourhood,

·    Enhancements to the local shopping strip,

·    Community leadership development.

 

A detailed overview of the Place Plan actions undertaken to date is included as an attachment to this report (Appendix 1).

 

    

 

Waste Management Services attending community engagement event ‘Neighbour Day’ to provide information and answer questions for residents. 

Key Achievements

The table below provides a summary of major achievements in Oxley Park between January 2017 and May 2018.  

 

OXLEY PARK PLACE PLAN 2017 – 2020

 

Vision Statement

Action to date

Our neighbourhood is clean and tidy

·    Council has coordinated 2 blitzes on illegal dumping between February 2017 and January 2018

·    Waste Rangers have given a special focus to Oxley Park between September 2017 - March 2018.

·    Waste Services are delivering an ongoing education and enforcement project regarding kerb-side clean ups with a focused effort during October-November 2017 and March-April 2018. 

We can get around easily and safely

·    Parking rangers continue to provide a special focus in Oxley Park and report a significant decrease in parking complaints in the last quarter.

·    New parking signs and markings have been installed in Craig Avenue and speed reduction devices (speed humps) in Adelaide Street to improve the safety of pedestrians and children on bicycles.

·    A number of improvements to road signage have been delivered, including ‘No Stopping’ and ‘No Through Road’ signage on Craig Avenue near the Great Western Highway

·    Engineering services has identified two locations on Brisbane Street as high priority stops and funding has been provided from Neighbourhood Renewal to install bus shelters. Resident consultation is underway.

·    A review of parking zones in the area has been undertaken and resident consultation has been completed. Changes have been proposed that will create a total of 7 new parking spaces near the shops once complete.

Our children have great places to play and make lasting memories

·    Council constructed a playground on the corner of Brisbane and Australia Streets in 2017 which was co designed by local children through Parkitects. The park was launched on 23 February 2018.

·    A community arts project funded through Council’s Magnetic Places Program is underway. The project engages local young people in legal aerosol art, that will result in the completion of a mural at Cec Blinkhorn Oval by 30 June 2018.

Our local shops reflect the pride we have in our neighbourhood

·    Local Charm Sydney Street is underway, with an upgrade to the Sydney Street shops due to be completed by 30 June 2018.

We know how to advocate for what we need

·    In response to Council’s Community Safety Plan 2018-2021 the Place Management department coordinated a community ‘Picnic Day’ at Ridge Park to celebrate Neighbour Day in March 2018. The community was invited to participate in free activities, food and games that encouraged community connection and cohesion as a key priority in the Plan. Over 200 residents attended with their families and this event provided an opportunity for community members to meet their neighbours and speak to Council staff about their thoughts and concerns for Oxley Park.

·    Council has developed a communications strategy for Oxley Park with a focus on promoting waste services and educating residents on Council services available to them.

·    Neighbourhood Renewal is currently promoting a 4 week Community Leadership training course. This will be delivered in May 2018.

Our Council is planning for our future

·    City Planning are undertaking background research to inform proposed changes to the Development Control Plan (DCP) for Medium Density Development (including Oxley Park).

·    City Planning have engaged with Developers/Designers regarding the proposed changes to the DCP and are investigating amendments that may include incentives for wider lot frontages and on-site parking. The proposed changes will be reported to Council so the community can be consulted through a public exhibition.

·    Between March and April 2018, the Resource Recovery Field Team engaged with residents at multi-unit developments in Adelaide St and Noela Pl about changing the kerbside collection bin service to a Collect and Return service. It is proposed that waste services at these complexes will be changed over on 24 May.

 

 

A local family enjoy a picnic lunch at community engagement event ‘Neighbour Day’ in Oxley Park

In addition to the priorities listed in the Oxley Park Place Plan, a number of other key achievements include:

·    Pedestrian safety has been assessed at the pedestrian crossing on Brisbane Street to the east of Sydney Street. A design has been requested of Council’s Design and Projects Team for concrete kerb extensions, which will make the width of road that pedestrians have to cross much shorter, improving safety. Construction and parking sign changes will take place once the design is complete and when the funding is available.

·    Busways expressed concern about other vehicles persistently parking illegally in bus stops. This resulted in buses having to drop off passengers in undesirable locations or by double parking, exposing passengers to unnecessary hazards. Bus zone signage was installed outside premises 9 and 64 Brisbane Street respectively. No change was made to street parking availability as a result.  

·    The Senior Waste Planning Officer has identified a number of developments that have either been completed or are in construction phase. By engaging with the developers and builders, several of these developments have been modified to accommodate a collect and return service through the provision of a bin storage area onsite. 

·    Development Compliance Officers have contacted builders in Oxley Park regarding a proactive inspection program of building sites to ensure that they are compliant with the conditions of consent, sediment control and safety requirements. 

·    In response to resident concerns about neighbour disputes, Neighbourhood Renewal has developed a community engagement campaign which will be delivered over the coming months. The campaign will focus on the things residents can do to be a “Good Neighbour”.

 

Council’s cross functional team will continue to deliver the Oxley Park Place Plan as a key priority area.

 

Mayor Clr John Thain and Deputy Mayor Clr Tricia Hitchen launch the park at Brisbane St Park with students who took part in the Parkitects project.

 

Conclusion

 

This report has provided Council with an update on the Oxley Park Place Plan. It summarises the action undertaken to date in response to resident concerns regarding the growth and change in Oxley Park.

 

A cross-functional team have undertaken short term and longer term actions to respond to resident requests and continue to engage with community members to understand their thoughts and concerns in Oxley Park. The Oxley Park Place Plan (Appendix 1) provides a detailed summary of all action undertaken thus far. Council will continue to deliver the actions detailed in the Place Plan as a key priority for 2018-2019, with a particular focus on building resident leadership and community cohesion capacity.

 

 

 

RECOMMENDATION

That the information contained in the report on Oxley Park Place Plan Progress be received.

 

 

ATTACHMENTS/APPENDICES

1.

Oxley Park Place Plan Progress

7 Pages

Attachments Included

   


 

 

 

 

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Outcome 5 - We care about our environment

 

 

There were no reports under this Delivery Program when the Business Paper was compiled


 

 

 

 

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Outcome 6 - We are healthy and share strong community spirit

 

 

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Outcome 7 - We have confidence in our Council

 

 

There were no reports under this Delivery Program when the Business Paper was compiled



 

ATTACHMENTS  

 

 

Date of Meeting:     Monday 14 May 2018

Report Title:            Rezoning Proposal for 33-43 Phillip Street, St Marys (Station Plaza Shopping Centre)

Attachments:           Location Map

                                Artist's Impressions

                                Planning Proposal



Policy Review Committee Meeting                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             14 May 2018

Attachment 1 - Location Map

 

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Policy Review Committee Meeting                                                                                     14 May 2018

Attachment 2 - Artist's Impressions

 

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Policy Review Committee Meeting                                                                                     14 May 2018

Attachment 3 - Planning Proposal

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 14 May 2018

Report Title:            Rezoning Application RZ17/0001: 39-49 Henry Street, Penrith

Attachments:           Site Location

                                Land Use Zones

                                Planning Proposal (No Appendices)



Policy Review Committee Meeting                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             14 May 2018

Attachment 1 - Site Location

 

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Policy Review Committee Meeting                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             14 May 2018

Attachment 2 - Land Use Zones

 

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Policy Review Committee Meeting                                                                                     14 May 2018

Attachment 3 - Planning Proposal (No Appendices)

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 14 May 2018

Report Title:            Oxley Park Place Plan Progress

Attachments:           Oxley Park Place Plan Progress



Policy Review Committee Meeting                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             14 May 2018

Attachment 1 - Oxley Park Place Plan Progress

 

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