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EXTRAORDINARY COUNCIL MEETING

NOTICE OF MEETING
Thursday, 27th October 2011


20 October 2011


His Worship The Mayor and Councillors

I have by direction to inform you that a meeting of the Extraordinary Council Meeting of the Council will be held at the Civic Centre, Hurstville on Thursday, 27th October 2011 at 7.00 pm for consideration of the business available on Council's website at http://www.hurstville.nsw.gov.au/Agendas-and-Minutes

Victor G D Lampe
General Manager


BUSINESS

1. Apologies
2. Disclosures of Interest
3. Consideration of report - Voluntary Planning Agreement - East Quarter Hurstville Pty Ltd


COUNCILLORS

His Worship the Mayor, Councillor S McMahon
Deputy Mayor, Councillor C Hindi
Councillor V Badalati
Councillor B Giegerl, OAM
Councillor A Istephan
Councillor J Jacovou
Councillor N Liu
Councillor D Perry
Councillor W Pickering, OAM
Councillor P Sansom
Councillor A Wagstaff
Councillor C Wong

The Quorum for the meeting is 7.

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EXTRAORDINARY COUNCIL MEETING

SUMMARY OF ITEMS
Thursday, 27th October 2011

ITEMS

ECM024-11 PROPOSED VOLUNTARY PLANNING AGREEMENT - EAST QUARTER HURSTVILLE PTY LTD (11/757)
(Report by Director Planning and Development, Mr M Watt)

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ECM024-11PROPOSED VOLUNTARY PLANNING AGREEMENT - EAST QUARTER HURSTVILLE PTY LTD
Report Author(s)Director Planning and Development, Mr M Watt
File11/757
Reason for ReportFor approval
Existing Policy?YesNew Policy Required?No
Financial ImplicationsYes, outside of existing budget
Previous Reports ReferencedYes



EXECUTIVE SUMMARY

East Quarter Hurstville Pty Limited (Owner) has lodged with Hurstville City Council (Council) a new proposed Voluntary Planning Agreement (VPA) for 93 Forest Road, Hurstville.

The new proposed VPA offers:
1. Landscaping and associated works outside the Land (landscaping works) to the value of $400,000.
2. Landscaping and associated works at Kempt Field (including park furniture and the construction of a future community facility - the Kempt Field works), to the value of $350,000.
3. Monetary contribution to Hurstville Public School (the School contribution), in the sum of $185,198.25.

The total value of the works and contributions made under the proposed VPA is $935,198.25. This total value does not include the financial contributions already made by East Quarter to Hurstville Public School in the sum of $57,397 in March 2007 under the Hurstville Public School Contribution Deed dated 26 May 2004.

East Quarter have proposed that (following negotiations) land around the buildings in Stages 2 and 3 of the development will be made publically accessible with a restriction on title allowing unencumbered public access.

The proposed VPA offer is in addition to section 94 contributions that must be paid to Council under Council's current Section 94 Contributions Plans (i.e. the VPA does not exclude the application of section 94, section 94A or section 94EF of the Environmental Planning and Assessment Act).

The proposed VPA was made available for inspection by the public for a period of twenty nine (29) days, commencing Friday 23 September 2011 and closing on 21 October 2011. No submissions were received.

This report recommends Council enter into the VPA with the applicant East Quarter Hurstville Pty Limited and advise Sydney Region East Joint Regional Planning Panel of its decision.


AUTHOR RECOMMENDATION

THAT Council enter into the proposed Voluntary Planning Agreement with East Quarter Hurstville Pty Limited as exhibited.

THAT authority be given to the Mayor and General Manager to execute all documentation, and where necessary under the Common Seal of Council.

FURTHER, THAT Council advise the Sydney Region East Joint Regional Planning Panel of its decision.


REPORT DETAILS

Background
08/06/2011 Council considered a report on a previous voluntary planning agreement and resolved that:


15/06/2011 At the Sydney East Region Joint Regional Planning Panel (JRPP) Meeting on 15 June 2011 where the mixed retail/residential development application for 93 Forest Road, Hurstville was considered the Panel resolved in part:
06/07/2011 At the Extraordinary Council meeting, Council considered a report on a new proposed VPA lodged by East Quarter Hurstville Pty Limited for 93 Forest Road, Hurstville and resolved:
22/08/2011 At Council's Meeting, Council considered a report on the status of negotiations on a new proposed Voluntary Planning Agreement (VPA) between Council and East Quarter Hurstville Pty Ltd for 93 Forest Road, Hurstville. This report advised Council that no agreement between the parties was reached on the VPA. Council resolved:-
24/08/2011 The JRPP when considering the Council's advice resolved:
The Panel are to be notified by no later than 7 October 2011 if the Council and applicant have reached an agreement on the VPA."

30/08/2011 At the Extraordinary Council meeting, Council resolved:-
07/09/2011 Council advised by memorandum that subsequent negotiations were held with East Quarter representatives on Thursday, 1 September with the following outcomes:
21/09/2011 At the Extraordinary Council meeting, Council resolved:-
"THAT Council give public notice of the proposed Voluntary Planning Agreement (VPA) pursuant to section 93G(1) of the Environmental Planning and Assessment Act 1979 and that the VPA be available for inspection by the public for a period of not less than twenty eight (28) days, commencing Friday 23 September 2011.

THAT the Sydney Region East Joint Regional Planning Panel be advised of Council’s decision and that due to the statutory public notification period for the proposed VPA, the 7 October 2011 deadline set by the Panel for an agreement to be reached cannot be met.

THAT Council's Director Planning and Development inform the Principal of Hurstville Public School of the public inspection period for the proposed VPA having specific regard for clause 4.4 of the VPA.

THAT Council agree the Director Planning and Development may make minor modifications to any numerical, typographical, interpretation and formatting errors, if required, in preparation for giving public notice of the proposed VPA.

FURTHER THAT following the expiration of the public notification period, the proposed VPA be reported back to Council for its final consideration together with an assessment of all written submissions received during the public inspection period for the VPA."


NEW PROPOSED VOLUNTARY PLANNING AGREEMENT (VPA)
East Quarter Hurstville Pty Limited (Owner) has lodged with Hurstville City Council (Council) a new proposed Voluntary Planning Agreement (VPA) for 93 Forest Road, Hurstville.

The new proposed VPA is submitted in response to the resolution of the Sydney East Region Joint Regional Planning Panel (JRPP) Meeting on 24 August 2011 in respect of the mixed retail/residential development application for 93 Forest Road, Hurstville and subsequent negotiations with Council (Appendix 1 and 2).

The new proposed VPA offers:
1. Landscaping and associated works outside the Land (landscaping works) to the value of $400,000.
2. Landscaping and associated works at Kempt Field (including park furniture and the construction of a future community facility - the Kempt Field works), to the value of $350,000.
3. Monetary contribution to Hurstville Public School (the School contribution), in the sum of $185,198.25.

The total value of the works and contributions made under the proposed VPA is $935,198.25. This total value does not include the financial contributions already made by East Quarter to Hurstville Public School in the sum of $57,397 in March 2007 under the Hurstville Public School Contribution Deed dated 26 May 2004.

East Quarter have proposed that (following negotiations) land around the buildings in Stages 2 and 3 of the development will be made publically accessible with a restriction on title allowing unencumbered public access.

This includes areas to be used for pedestrian and vehicular (road) access, parking, outdoor seating, plaza, access to ground floor retail/commercial and landscaping. This area will remain under private ownership, be cared for body the future body corporate (ie. not Council) and subject to the 88B allowing unencumbered public access 24/7. The benefit being that this space will in effect add to the civic space around the proposed buildings and provide a permeable pedestrian environment, improving casual surveillance and allowing access through the site to Kempt Field and Allawah Station.

The proposal will ensure that a significant area surrounding buildings in the development will be publically accessible in perpetuity by a legal instrument on title at no cost to Council. Care control and management will remain with the owners’ body corporate and the space will add significantly to the public and civic domain in this part of Hurstville City centre.

The proposed VPA offer is in addition to section 94 contributions that must be paid to Council under Council's current Section 94 Contributions Plans (i.e. the VPA does not exclude the application of section 94, section 94A or section 94EF of the Environmental Planning and Assessment Act).

The proposed VPA (clause 1.2) does not fetter the discretion of the Consent Authority (the JRPP in this instance) in its assessment and determination of Development Application 11/DA-21:5.

A consent authority must take into consideration any planning agreement that has been entered into under section 93F of the Environmental Planning and Assessment Act 1979 (EPA Act), or any proposed planning agreement that a developer has offered to enter into under section 93F of the EPA Act. This will occur as part of the final assessment and with the determination of the DA by the JRPP.

In accordance with Council's resolution on 21 September 2011 the proposed VPA was made available for inspection by the public for a period of twenty nine (29) days, commencing Friday 23 September 2011 and closing on 21 October 2011. The JRPP and Principal of Hurstville Public School were also notified of the exhibition. No submissions were received and no amendments are proposed.


COMMITTEE RECOMMENDATION - ECM

THAT Council enter into the proposed Voluntary Planning Agreement with East Quarter Hurstville Pty Limited as exhibited.

THAT authority be given to the Mayor and General Manager to execute all documentation, and where necessary under the Common Seal of Council.

FURTHER, THAT Council advise the Sydney Region East Joint Regional Planning Panel of its decision.
(Moved Councillor P Sansom / Seconded Councillor J Jacovou)





APPENDIX

1. Proposed Voluntary Planning Agreement
Proposed Voluntary Planning Agreement.pdf

2. Explanatory Note

Explanatory Note.pdf