Development Application (DA 877/2016)
Who is the applicant?
The applicant is Fioson Pty Ltd.
What is the proposed development?
The proposed development comprises:
· Four mixed use buildings of varying heights to be built on a podium.
· 471 residential units across the following buildings (refer to Figure 2):
o Block A (Blue colour) - 72 units
o Block B (Purple colour) - 154 units
o Block C (Green colour) - 116 units
o Block D (Red colour) - 129 units
· Council administration building (4,426m2) within Block A.
· Retail and commercial tenancies (7,054m2) on the ground and first floors. The ground floor will include a public pedestrian thoroughfare from The Mall to North Terrace.
· 794 parking spaces.
· Two driveways on Fetherstone Street and one driveway on The Appian Way.
· Stratum subdivision into two lots.
Who will assess the development application?
In response to a portion of the subject site being in the ownership of Council, the assessment of the application will be undertaken by an independent planning consultancy.
Who is the consent authority for the development application?
In accordance with Section 23G of the Environmental Planning & Assessment Act 1979, the consent authority for developments over $20 million is the Sydney South Planning Panel.
What documents are available to view during the exhibition?
The development application is supported by (but not limited to) the following documents:
· Aeronautical impact assessment
· Architectural plans and other plans
· SEPP 65 design statement
· Shadows diagrams
· Statement of environmental effects
· Traffic impact assessment
· Urban design report
If you wish to view the development application, the supporting documents listed above and other supporting documents, please see the Document Library.
Note: This is not a designated development.
Planning Proposal (PP_2015_BANKS_002)
What are the intended outcomes of the
The intended outcome is to provide a site specific framework that delivers design excellence, sustainability outcomes and public benefits to the Bankstown CBD.
What are the proposed changes to Bankstown LEP 2015?
To achieve the intended outcome, it is proposed to amend Bankstown Local Environmental Plan 2015 by providing an ‘alternative’ development control regime for the site at Nos. 83–99 North Terrace and No. 62 The Mall in Bankstown.
The ‘alternative’ development control regime may only permit development to achieve a maximum building height of 83 metres, a maximum floor space ratio of 5:1, and dwellings on the first floor if the development delivers the following public benefits to the satisfaction of Council:
· A public administration building and associated car parking spaces.
· The highest standard of architectural, urban and landscape design.
· Compliance with the energy and water targets under clause 4.4A of Bankstown Local Environmental Plan 2015.
If the development does not deliver these public benefits to the satisfaction of Council, then the current maximum building height of 41–53 metres (clause 4.3), the maximum floor space ratio of 4.5:1 (clause 4.4), and the commercial floor space (ground and first floors) requirement (clause 6.9) under Bankstown Local Environmental Plan 2015 will continue to apply to the site (refer to Figures 3-4 for the current and proposed height controls, and Figures 5-6 for the current and proposed FSR).
It is noted the Minister for Planning has not delegated the making of the LEP to Council.
What are the supporting documents?
· The planning proposal is supported by the following documents:
· Aeronautical impact assessment
· Shadows diagrams
· Urban design report
If you wish to view these documents and other supporting documents, please view the Document Library.
Draft Voluntary Planning Agreement & Explanatory Note
The draft Voluntary Planning Agreement has been prepared in accordance with Section 93F of the Environmental Planning and Assessment Act 1979.
What is the intended outcome?
The intended outcome of the VPA and Explanatory Note is to outline the infrastructure works proposed by the property owner. The VPA includes public domain improvements and the dedication of a component of the development for a Council administration building and parking.
Please refer to the Document Library for a copy of the draft Voluntary Planning Agreement (including the explanatory note).
· Canterbury-Bankstown Council ABN 45 985 891 846 of PO Box 8 Bankstown NSW 1885, Australia (Council)
· Fioson Pty Ltd ABN 38 604 905 517 of Grosvenor Place, Level 34, 225 George Street, Sydney, NSW 2000 (Developer)
Description of the Land to which the Draft Planning Agreement Applies
This draft Planning Agreement applies to the following land and any part of it which is shown on the Development Site Plan:
(a) Lots 19-20 in DP 5541, otherwise known as 83 North Terrace, Bankstown and any lot created by subdivision of those lots,
(b) Lot 18B in DP 412699, otherwise known as 85 North Terrace, Bankstown and any lot created by subdivision of that lot,
(c) Lots 15-17, 21-24 and 27 in DP 5541, Lot 1 in DP 207810, Lot 1 in DP 507818, otherwise known as 99 North Terrace, Bankstown and any lot created by subdivision of those lots, and
(d) the Library Site, being Lot 9 in DP777510, otherwise known as 62 The Mall, Bankstown on which the former Council library is located and any lot created by subdivision of that lot.
Description of Proposed Development
This draft Planning Agreement applies to:
· the amendment to the Bankstown Local Environmental Plan 2015 (LEP) in accordance with the planning proposal prepared by Council and titled ‘Planning Proposal – Nos 83 – 99 North Terrace and No. 62 The Mall in Bankstown’ proposing an amendment to the LEP to enable development on the Site with a maximum building height of 83 metres, a maximum FSR of 5:1 and dwellings on the first floor; and
· the Development which is contained in Development Application DA877/2016 lodged with the Council on 9 September 2016 as modified from time to time.
Summary of Objectives, Nature and Effect of the Draft Planning Agreement
Objectives of Draft Planning Agreement
The objectives of the Draft Planning Agreement is to provide suitable development contributions (within the meaning of Act) towards the provision of:
(a) Council administration building and Council carpark;
(b) Footpath, road widening and public domain works along the northern frontage of the site, The Mall;
(c) Footpath widening and public domain works along the western frontage of the site, Fetherstone Street;
(d) Footpath widening and public domain works along the southern frontage of the site, North Terrace;
(e) Footpath widening and public domain works along the eastern frontage of the site, The Appian Way;
(f) Stormwater improvements along The Mall and Appian Way;
(g) Public access to private toilets in Northern Forecourt;
(h) Public access to Southern and Northern Forecourt;
(i) Pedestrian Arcade Link to link North Terrace to The Mall;
(j) Pedestrian Arcade Link to the Appian Way;
(k) Crime prevention measures; and
(l) Grant of various easements to achieve the above.
Nature of Draft Planning Agreement
The Draft Planning Agreement is a voluntary planning agreement under s93F of the Act.
Effect of the Draft Planning Agreement
The Draft Planning Agreement:
· relates to the LEP Amendment and carrying out of the Development on the Development Site;
· excludes the application of s94 and 94A of the Act to the Development;
· requires the transfer of the Council Stratum Lot and Council Carpark Lot to the Council on the later of the date that is 3.5 years after the date an operational development consent is granted for the Development or the time which is specified in the sale agreements for completion of the Council Facility Development and Council Carpark (including any extensions of time);
· requires the Developer to carry out Works, dedicate land and grant easements to the Council,
· is to be registered on the title to the Development Site and for the period that the Draft Planning Agreement is not registered on title, the Developer grants to Council a charge over the Developer’s right, title and interest in the land for which a caveat can be lodged to support that charge;
· imposes restrictions on the Developer transferring the Development Site or part of the Development Site or assigning an interest under the agreement;
· provides a dispute resolution method.
Assessment of the Merits of the Draft Planning Agreement
The Planning Purposes Served by the Draft Planning Agreement
The Draft Planning Agreement:
· promotes the orderly and economic use and development of the Development Site to which the agreement applies;
· facilitates the provision of land for public purposes in connection with the Development;
· promotes increased opportunity for public consultation in environment planning and assessment.
How the Draft Planning Agreement Promotes the Public Interest
The Draft Planning Agreement promotes the public interest by promoting the objects of the Act as set out in ss 5 (a)(ii), (iv), (v) and 5 (c) of the Act.
For Planning Authorities:
· Development Corporations - How the Draft Planning Agreement Promotes its Statutory Responsibilities
· Other Public Authorities – How the Draft Planning Agreement Promotes the Objects (if any) of the Act under which it is Constituted
· Councils – How the Draft Planning Agreement Promotes the Elements of the Council’s Charter
The Draft Planning Agreement promotes the elements of the Council’s charter by:
o promoting the provision of adequate, equitable and appropriate services and facilities for the community by making provision for community facilities; and
o facilitating involvement of the community in decision making regarding the provision of community facilities.
· All Planning Authorities – Whether the Draft Planning Agreement Conforms with the Authority’s Capital Works Program
The works in kind identified at Schedule 3 to the Draft Planning Agreement conform to Council’s Capital Works Program and will bring forward public domain works that are of a standard, detail and specification as set out in this Draft Planning Agreement.
· All Planning Authorities – Whether the Draft Planning Agreement specifies that certain requirements must be complied with before a construction certificate, occupation certificate or subdivision certificate is issued
The Draft Planning Agreement requires various Contribution Items to be provided prior to the issuing of Occupation Certificates.