Recommendation: Councillor Katris and Councillor Hindi
(a) That
Council note the conditions of the NSW Department of Planning and
Environment’s Gateway Determination for Planning Proposal PP2015/0006
(Planning Proposal) for 37-41 Treacy Street, Hurstville (Treacy Street Car
Park Land);
(b) That
should the NSW Department of Planning and Environment indicate that the
Minister for Planning is willing to enter into a Voluntary Planning Agreement
in respect of the Planning Proposal, that Council:
(i) Endorse
the preparation of a draft Voluntary Planning Agreement between Council and
the Minister for Planning, which is to meet the provisions of the Georges
River Council Policy on Voluntary Planning Agreements and including the
provision of public car parking spaces (to be determined at a workshop by
Councillors) and the provision of Gross Floor Area for residential purposes
of any development, for affordable housing (to be determined at a workshop by
Councillors);
(ii) Forward
the draft Voluntary Planning Agreement to the Minister for Planning with an
irrevocable offer to enter into the Voluntary Planning Agreement prior to the
public exhibition and the making of the Planning Proposal;
(iii) Publicly
exhibit both the draft Voluntary Planning Agreement and the Planning
Proposal;
(iv) Delegate
to the General Manager the authority to negotiate the final terms of, and
execute the Voluntary Planning Agreement, following public exhibition, at the
General Manager's discretion, provided the VPA contains the requirements in
clause (b)(i); and
(v) Register
the Voluntary Planning Agreement on the title of the Treacy Street Car Park
Land as soon as practicable after the Planning Proposal has been made.
(c) That
should the NSW Department of Planning and Environment indicate that the
Minister for Planning is not willing to enter into a Voluntary Planning
Agreement in respect of the Planning Proposal, that Council defer the matter
so that Council Officers can prepare a report on the following for further
consideration by Councillors:
The
legal ramifications and possibility of:
(i)
Placing of a covenant on title of the land which requires that public
car parking spaces; affordable housing floor area; and any other public
benefits necessary to address the impacts of the development;
(ii)
Modifying Clause 1.9A of Hurstville LEP 2012 so that the suspension of
covenants, agreements and instruments does not apply to Council owned land
and whether Clause 1.9A(2)(a) is adequate enough to cover this aspect of
suspension of covenants;
(iii)
Preparing a site specific DCP to require controls for building form
and design excellence, and including the provision of public car parking
spaces (to be determined at a workshop by Councillors) and the provision of
Gross Floor Area for residential purposes of any development, for affordable
housing (to be determined at a workshop by Councillors).
Record of Voting:
For the
Motion: Unanimous
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