Parramatta CBD Supplementary Matters Planning Proposal

Council undertook a review of the planning controls in the Parramatta CBD as part of the Parramatta CBD Planning Framework Review that began in 2015. This Council led project included a review of the Parramatta Local Environmental Plan (PLEP) controls for the CBD, known as the Parramatta CBD Planning Proposal (CBD PP).

During the public exhibition of the CBD PP in late 2020, Council received submissions from landowners and stakeholders requesting policy changes that varied from the Council exhibited CBD PP. These requests included planning matters such as land rezonings, zone permissibility, reviews of heights and FSRs, and amendments to other development controls. 

The requests were generally consistent with Council’s policy framework for the Parramatta CBD and had strategic merit but required further investigation. 
Council on 15 June 2021 (refer to Item 17.5 in the minutes and agenda) resolved to review these matters as part of a separate planning process to determine their merit to progress. The Parramatta CBD Supplementary Matters Planning Proposal includes the changes Council seeks to progress with. 

More detail on the background of why the Planning Proposal was prepared and the supplementary matters considered by Council can be found in the Council Report dated 11 June 2024. 

Council investigated the Parramatta CBD supplementary matters by:

• Evaluating the nature and extent of requested changes
• Assessing the relevance of each matter against State and local planning policy updates since Council’s resolution on 15 June 2021 (now 3.5 years ago)
• Assessing the planning merits of requested changes against key strategic planning policies and directions, and
• Undertaking urban design, land use planning, and environmental sustainability analysis to inform suitable urban outcomes.

Following the investigation, Council officers concluded that each matter either:
1.    Had strategic merit and progressed as part of this Planning Proposal; or
2.    Did not proceed, as they have since been:

• Resolved or superseded by another planning project, or 
• Not considered to have adequate planning merit, or 
• Alternatively, require significantly more analysis and will proceed as a separate strategic precinct planning proposal.

The list of supplementary matters and justification for the recommendations are detailed at Attachment 1 to the Council Report (see Resources).

The Parramatta Westfield landholdings consist of multiple blocks directly south of the Parramatta Train Station (see Figure 2 below). It is the single largest private land holding in the Parramatta CBD, measuring 6.43 ha in land area. 

Figure 2 – Westfield site subject to a separate strategic precinct planning proposal

During the CBD PP exhibition, Westfield objected to the proposed rezoning from B4 Mixed Use (now referred to MU1 Mixed Use) to B3 Commercial Core (now referred to E2 Commercial Centre) as this was perceived to be a restrictive zoning that limited development viability. 

On 11 June 2024, Council supported the preparation of a separate strategic precinct Planning Proposal for the Westfield site that will include further urban design, land use, and economic analysis. The community will be consulted on any future proposed changes to the Westfield as part of this separate planning process. 

More detail can be found in the Council Report (see Resources).

Council identifies land it intends to acquire (or buy) on a map within the PLEP 2023 called the Land Reservation Acquisition Map (LRA) Map. The land identified on the map is to be acquired for public purposes like the widening of roads, the delivery of bicycle lanes, share paths, or community park areas. The map gets reviewed and updated in response to development and identified transport issues, so it is up to date and reflects the right land needed to support Councils network of roads, open space, and other public uses. 

On 15 June 2021, Council resolved to investigate amendments to the Land Reservation Acquisition (LRA) Map following the finalisation of the CBD Integrated Transport Plan (ITP). The ITP reviewed the LRAs for public laneways and cycle networks to ensure they were still accurate in delivering on Council’s transport network.  

The CBD Supplementary Matters Planning Proposal seeks five specific LRA amendments (including removals and additions) relating to laneways, splay corners, and road widenings: 

LRA removals: 

• The LRAs at Fire Horse Lane at 3 Fitzwilliam Street and 25 Wentworth Street, Parramatta are no longer required as the intention of the LRA has been delivered. A small portion has been retained to improve the function of Fire Horse Lane.
• The LRA at 215 Church Street, Parramatta is no longer required as the proposed use does not serve a community purpose because it is used as a private service lane.
• The LRA at 328 Church Street, Parramatta is no longer required as alternative connections between Church Street and Phillip Lane are achievable through a Development Control Plan (DCP) provision for the street block.

LRA additions: 

• LRAs are proposed to be added to 21 Wentworth Street, 2 Charles Street, and 24 Parkes Street to improve traffic circulation, sight lines for oncoming traffic, and safety and convenience for turning vehicles. 

The sites are shown on Figure 1 and more detail on the changes are contained in the Planning Proposal (see Resources). 

The changes will improve safety, promote active transportation, and facilitate better traffic circulation and movement throughout the Parramatta CBD.
 

During the exhibition of the Parramatta CBD Planning Proposal (CBD PP), the landowners of 10-12 Darcy Street, Parramatta (known as 4, 6 & 8 Parramatta Square) requested that Council rezone the land at from B4 Mixed Use (now known as MU1 Mixed Use) to B3 Commercial Core (now known as E2 Commercial Centre). This was requested to reflect the approved commercial office development, which is consistent with the E2 Commercial Centre zone.

Council on 15 June 2021 resolved to consider this request separate to the CBD PP as a supplementary matter as it had merit but was a substantial policy change from what was in the exhibited CBD PP. 

The Parramatta CBD Supplementary Matters Planning Proposal seeks to rezone the land because:

• The site has been redeveloped for commercial office uses which strongly align with the objectives of the E2 Commercial Centre zone and recommendations of the Achieving A-Grade Office Space in the Parramatta CBD Economic Review prepared by Urbis in 2019 (see Resources); and
• Rezoning the land would ensure the continuity of the existing office uses, facilitation of employment, and intended use of Parramatta Square as the commercial core of the Parramatta CBD.
• Enables application of Clause 7.28 (Additional floor space ratio for office premises) to apply consistent with other office towers in Parramatta Square. 

In summary, the E2 Commercial Centre zone and application of Clause 7.28 reflects the current commercial land use on the site and is more suitable than a MU1 Mixed Use zone that includes residential uses. More detail can be found in the Planning Proposal (see Resources).
 

Council is proposing to include ‘Water Recycling Facilities’ and ‘Creative Industries’ as permitted uses with consent in the E2 Commercial Centre zone. These uses are consistent with the objectives of the E2 Commercial Centre zone, and are currently permissible in the MU1 Mixed Use zone which forms a large portion of the Parramatta CBD. 

Please see below for further information on each change.

Water recycling facilities

Dual water reticulation systems (i.e. systems that that contain pipes for potable water and recycled water for all indoor and outdoor water uses) are required under PLEP 2023. However, the E2 Commercial Centre zone does not currently permit ‘Water Recycling Facilities’.

Including this land use in the E2 Commercial Centre zone will support the existing PLEP 2023 requirement for new buildings to incorporate these sustainability measures and offer greater flexibility for using recycled water throughout the Parramatta CBD. 

More information on the origin of this LEP change can be found in the Council Report and Planning Proposal (see Resources). 

Creative Industries
Council is proposing to include ‘Creative Industries’ and its associated uses (including recording studios, set designs, and production facilities) in the E2 Commercial Centre zone because this land use is desirable within the Parramatta CBD as they:

• Support businesses and job creation, 
• Add to the cultural fabric of the CBD, and 
• Are compatible land uses with office developments.

The inclusion of ‘Creative Industries’ also ensures that the newly approved ABC Studios at 6 Parramatta Square will continue as a permissible use following the rezoning of the land from MU1 Mixed Use to E2 Commercial Core as also proposed in this Planning Proposal. 

More information on the origin of this LEP change can be found in the Local Planning Panel Report and Planning Proposal (see Resources). 

Specific LEP controls were introduced as part of the Parramatta CBD Planning Proposal (CBD PP) to deliver high building sustainability and design. 

Specifically, Clause 7.25 High performing building design in the Parramatta LEP 2023 intends to:

• Encourage high performing building design that minimises energy and water consumption for certain types of development. 
• Increase amenity
• Ensure high performing building measures reflect new technologies. 

To encourage developers to deliver high performing building designs, a density bonus of 5% (i.e. Floor Space Ratio (FSR) bonus) is allowed for new residential and mixed-use developments that minimise energy and water consumption. This is assessed using Building Sustainability Index (‘BASIX’) targets in the LEP clause. 

Clause 7.25 came into effect on 14 October 2022. However, since its introduction the BASIX system was revised in October 2023 via the State Environmental Planning Policy (Sustainable Buildings) 2022 and the BASIX energy target was updated to further enhance building performance. 

Council needed to understand whether the new targets could be achieved for new residential and mixed use development across the Parramatta CBD, and whether an LEP update is needed to reflect the new targets. 

Council engaged a consultant (Kinesis) to prepare the Parramatta High Performance Building Study Review (see Resources) who found that the proposed new BASIX exceedance energy target is achievable.  

The Planning Proposal seeks to change the BASIX energy exceedance target in Clause 7.25(3)(c)(ii) of the PLEP 2023 to reflect the updated BASIX in the State Environmental Planning Policy (Sustainable Buildings) 2022. The change is considered minor, and is in keeping with State policy and the original intent of the clause when it was prepared which was to deliver high performing buildings measured on industry benchmarks.  

More detail can be found in the Planning Proposal (see Resources).
 

Council prepared the Parramatta CBD Integrated Transport Plan (ITP) to support the Parramatta CBD Planning Proposal and the anticipated growth forecast under the planning controls.

On 15 June 2021, Council resolved to investigate changes to CBD car parking rates following the public exhibition of the Parramatta CBD Integrated Transport Plan (ITP) as the ITP adopts two categories of parking rates (Category A and Category B) as per the below:

*Note: These final 3 rates relate to the provision of visitor car parking and are calculated cumulatively. Whilst the reference to visitor parking is not explicitly made in the ITP, the original source of these rates is from clause 7.5 of Sydney LEP 2012, which does reference visitor car parking for these rates.

This planning proposal seeks to amend the LEP to align the parking rates for areas north of Victoria Road to align with the Category B parking rates within the ITP. As this area is located away from the metro and heavy rail stations, a higher maximum rate of on-site parking for residential dwellings supports access and amenity benefits. More detail can be found in the Planning Proposal (see Resources).

A planning proposal (also known as a rezoning application) is a document that explains proposed changes to land use planning controls found in a Local Environmental Plan (LEP). A planning proposal details the intention and amendments that are to be made to the local government area’s LEP (in this case the Parramatta LEP 2023). An example of a change would be to the mapped height limits in an area making provisions for higher density development. 

It also sets out the justification for why these changes are suitable for the site and an assessment of the potential impacts of the proposal and how they should be resolved if it is approved. Planning proposals are usually supported by extensive technical information to help with the assessment such as studies on flooding, traffic, urban design, and social impact assessments. A planning proposal can be prepared by anyone, but usually it is either a landowner, developer, or Council.
 

A ‘Local Environmental Plan’ (LEP) is a legal document that guides planning decisions by local governments. It is prepared by Council and approved by the State Government. The LEP is an important planning tool that helps shape the future of our area and ensures development is done appropriately. Controls in an LEP include such things as land use zones, building heights, floor space ratios, flood risk management controls and heritage protections.