Draft Voluntary Planning Agreement for Part of the Landmark Square Precinct

A draft Voluntary Planning Agreement (VPA) between Georges River Council and Prime Hurstville Pty Limited (the Developer) has been prepared for part of the Landmark Square Precinct.

Summary

The draft VPA applies to 61-69, 71A, 73 and 75 Forest Road, 126 Durham Hurstville being part of the Landmark Square precinct site. The draft VPA requires the Developer to provide Council with a monetary contribution of $7,375,878 for public facilities and public domain works in the Hurstville City Centre, road works and dedication of land for widening Roberts Lane and the provision of public access easements.

The offer to enter into the VPA was made in conjunction with the Planning Proposal PP2015/0001 that applies to the whole of the Landmark Square Precinct. The Planning Proposal seeks to make amendments to Hurstville Local Environmental Plan 2012 to rezone the site from IN2 Light Industrial and part R2 Low Density Residential to B4 Mixed Use and to amend the Floor Space Ratio (FSR), Height of Buildings and Active Street Frontages maps as well as apply a bonus FSR incentive for hotel accommodation. The Planning Proposal was publicly exhibited from 21 November to 19 December 2018.

Background

The VPA Offer:

An offer to enter into a VPA relating to the Planning Proposal PP2015/0001 dated 11 July 2017 was received by the Developer at the time, One Capital Group Pty Ltd.

The VPA Offer provided for a staged payment of a monetary contribution, the dedication of land and construction of a road widening on this dedication free of cost to Council, and the registration of easement for public access through site links.

Council accepted the VPA Offer and Heads of Agreement at its Meeting on the 7 August 2017. The Heads of Agreement was executed by Council and the Developer at the time (The One Capital Group) on 1 September 2017.

On 29 January 2019, Prime Hurstville Pty Limited agreed to enter into the VPA and agreed to be bound by the terms of the Heads of Agreement dated 1 September 2017.

Council has prepared the draft VPA in accordance with the VPA Offer and Heads of Agreement.

Planning Proposal Details

The Planning Proposal relating to the current Draft VPA relates to the Landmark Square Precinct, that being 53- 75 Forest Road, 108-126 Durham Street and 9 Roberts Lane, Hurstville.

The Planning Proposal seeks to make the following amendments to Hurstville Local Environmental Plan 2012:

• To change of zoning from IN2 Light industrial and part R2 Low Density Residential land use to B4 Mixed Use.
• To amend the Floor Space Ratio (FSR) Map to increase the FSR from 0.6 (R2) and 1:1 (IN2) to 2:1 along Roberts Lane and up to 3.5:1 for the remainder of the Planning Proposal land (including a minimum non-residential FSR of 0.5:1).
• Amend the Height of Buildings Map to increase the maximum building height applying to the Planning Proposal Land from 9m (R2) and 10m (IN2 to a range of heights being 12m and 15m along the Roberts Lane frontage and 21m, 28m, 30m, 40m and 65m for the remainder of the site as shown on the Height of Buildings Map.
• Amend the Active Street Frontages Map to apply active street frontage along the Forest Road and Durham Street frontages of the Planning Proposal Land and;
• Apply a bonus floor space ratio incentive of 0.5:1 based on the total B4 Mixed Use land, or the Planning Proposal Land site area for the purpose of hotel accommodation at the corner of Forest Road and Durham Street.

The Planning Proposal received a Gateway Determination by the Department of Planning and Environment on the 19 October 2017. It received an amended Gateway determination in support of Council amendments to the Planning Proposal on the 24 September 2018.

The Planning Proposal was exhibited from 21 November to 19 December 2018. The Planning Proposal is yet to be reported back to Council.

Description of the Draft VPA

The Draft VPA reflects the Offer and Heads of Agreement accepted by Council. The Draft VPA requires the Developer to provide:

• a monetary contribution of $7,375,878 to Council in instalments
• carry out and complete works to widen a section of Roberts Lane by 3 metres
• dedicate to Council free of cost a strip of Land 3 metres wide adjoining Roberts Lane to enable road widening of Roberts Lane;
• provide public access easements to, from and across the land:
  • to and from Forest Road to Roberts Lane (minimum 6 metres wide)
  • to and from Durham Street to Roberts Lane
  • to and from Durham Street and Forest Road at the north-western part of the land

in a location to Councils satisfaction and as generally shown in the Easement Plan.

The items provided do not exclude any future section 7.11, section 7.12 and s7.24 contributions under the Environmental Planning and Assessment Act 1979 for development on the land, but benefits incurred under this Agreement are to be considered in the determination of any s7.11 contributions on the land.

Land to which this Draft Voluntary Planning Agreement applies

The subject Land is known as 61-69, 71A, 73 and 75 Forest Road, 126 Durham Hurstville. The legal description of the Land is Lot 1 DP 225302, Lots 100 and 101 DP77625, Lots 1, 2, 3 and 4 DP12517 and Lot 10 DP621395 and any lot created by the subdivision of these lots (‘Land’).

Parties to the Agreement:

The parties to the Agreement are Georges River Council and Prime Hurstville Pty Limited.

Where to view the Draft Voluntary Planning Agreement:

The documentation is available for public inspection from 26 June to 26 July 2019.

• Georges River Council Service Centre, MacMahon Street, Hurstville (8:30am and 5:00pm, Monday to Friday).
• Hurstville and Kogarah Public Libraries.