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:

“THAT Council does not enter into a VPA with the applicant.”

“The Panel requests the council and the applicant to reach agreement, on or before 12 August 2011, on the VPA offered by the applicant”.

"THAT the Sydney Region East Joint Regional Planning Panel be advised of Council’s decision and the 12 August 2011 deadline set by the Panel for an agreement to be reached on the proposed Voluntary Planning Agreement cannot be met.
THAT in addition to the terms in the proposed VPA, Council authorises the General Manager to negotiate with East Quarter Hurstville Pty Limited for an amendment to be made to the proposed VPA in order for Council to receive ownership of 15% of the additional floor space as resolved by the JRPP for this stage of the development.
FURTHER THAT the General Manager report back to Council on the progress of negotiations at a future Extraordinary Council Meeting.”

“THAT the report be received and noted.

FURTHER THAT, a copy of the report be forwarded to the Sydney Region East Joint Regional Planning Panel.”

"On 24 August the Panel decided to allow a further 6 weeks for the Council and applicant to reach an agreement on the VPA.

"THAT the General Manager be authorised to negotiate with East Quarter Hurstville Pty Ltd for an amendment to the previously proposed VPA comprising an additional 300sqm of floorspace on the ground floor, to be transferred to Council under Torrens Title Stratum within Stage 2 of the development. This amendment to the proposed VPA is to also include the previous offers by the applicant as follows:

1. Landscaping and associated works outside the Land (landscaping works) to the value of $400,000.00;
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 $350,000.00; and
3. Monetary contribution to Hurstville Public School (the School contribution), in the sum of $185,198.25.

THAT the General Manager also consider any other VPA components East Quarter Hurstville Pty Ltd may offer.

FURTHER THAT the General Manager report back to Council on the progress of negotiations at the meeting of the Development Assessment Committee on Wednesday 7 September 2011."

1. East Quarter did not agree to provide any additional floor space within the development as sought by Council;
2. East Quarter confirmed Items 1, 2 and 3 in the above resolution are agreed and will be included in the proposed VPA – this position is unchanged from previous negotiations with Council;
3. East Quarter proposed that 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.