Council has negotiated a Draft Planning Agreement with the developer which includes 2,496sqm of land dedication to Council. Since July 2017, Council identified this land as having environmental and biodiversity value and identified part of this area (rear portion of 85 Thomas Street) as being subject to future land acquisition for open space (currently unfunded by Council). The total land dedication area is being proposed for public open space uses (as reflected in the Planning Proposal) and is offered to Council at nil cost.
The Draft Planning Agreement is the mechanism for Council to acquire this land for future open space and biodiversity protection.
Details on the Draft Planning Agreement are shown in Draft Planning Agreement (Attachment 3b), Letter of Offer from the Applicant (Attachment 3a) and Explanatory Note (Attachment 3c).
Council is exhibiting changes to the Parramatta Local Environmental Plan (LEP) 2011. Key aspects of the Planning Proposal are:
- Reconfigure the Zoning to reduce the R4 – High Density Residential area to the developable portion of the land (3,825sqm) and extend the RE1 – Public Recreation zone over the remaining land (2,496sqm) identified for biodiversity and open space along the river foreshore.
- Amend the Maximum Floor Space Ratio (FSR) control for the high-density residential land (zoned R4) from 0.8:1 to 1.3:1 for the proposed R4 zoned area and remove the FSR control from the proposed RE1 zoned land.
- Amend the Maximum Building Height (HOB) control for the high-density residential land (zoned R4) from 11 metres (3 storeys) to 22 metres (6 storeys) for the proposed R4 zoned area and remove the HOB control from the proposed RE1 zoned land
- Amend the Minimum Lot Size control to apply to the proposed R4 land only and remove this control from the proposed RE1 zoned land
- Amend the Land Reserved for Acquisition control as it applies to 85 Thomas Street, Parramatta following land dedication to Council being formalised via the Planning Agreement at nil l cost to Council.
Council is also exhibiting amendments to the Morton Street Precinct controls as they apply to the site (Attachment 2b) in the Parramatta Development Control Plan (DCP) 2011. Part 4.1.9 Morton Street Precinct in Parramatta DCP 2011 (Attachment 2a) is proposed to be amended to include a new “Area 5” section for land at 85-91 Thomas Street which includes:
- Specific controls on building height, building separation, setbacks
- Deep soil, landscaping, open space, ecology, and river foreshore controls.
These controls intend to manage the change in building height and development interface to nearby properties.
Timeline item 1 - complete
June 2016
- Planning Proposal lodged – Original Planning Proposal.
Timeline item 2 - complete
July 2017
- LEP Amendment No.20 – Council notified ‘Review of Lands’ LEP Amendment which identified 1,296sqm of land acquisition for open space at 85 Thomas Street and 1,200sqm of biodiversity at 89 & 91 Thomas Street. This land remains in private ownership.
Timeline item 3 - complete
July 2016 - March 2020
- Planning Proposal Assessment – Applicant revised proposal in accordance with Council officer advice on density; urban design and layout; as well as traffic and transport.
Timeline item 4 - complete
May 2020
- Local Planning Panel – Council officer recommendation for Gateway Determination supported by Local planning Panel.
Timeline item 5 - complete
June 2020
- Council Report on Planning Proposal & Planning Agreement – Recommendation for Gateway of Planning Proposal and Planning Agreement Offer endorsed by Council.
Timeline item 6 - complete
August 2020
- Gateway Determination – Issued by the Department of Planning, Industry and Environment (DPIE) with a requirement to update Planning Proposal to address implications for minimum lot size and land dedication.
Timeline item 7 - complete
October 2020 - May 2021
- Gateway conditions addressed and preparation of Draft Development Control Plan.
Timeline item 8 - complete
June 2021
- Council Report on DCP & Planning Agreement – Recommendation for Planning Proposal, Draft DCP & Draft Planning Agreement to be placed on public exhibition.
Timeline item 9 - complete
September 2021
- Planning Agreement - Finalisation of the Draft Planning Agreement for Public Exhibition.
Timeline item 10 - complete
October 2021
- Public Exhibition – Community consultation of Planning Proposal, Draft DCP & Draft Planning Agreement.
Timeline item 11 - complete
November 2021
- Exhibition concludes
Timeline item 12 - complete
February 2022 - March 2022
- Post Exhibition Reports – The Planning Proposal was reported to the Local Planning Panel on 15 February 2022. The Local Planning Panel did not support the Planning Proposal. Council then considered the outcomes of the public exhibition of the Planning Proposal on 14 March 2022. Council resolved not to support the Planning Proposal, draft site-specific DCP and draft Planning Agreement for finalisation.