DECISION OF 3596th COUNCIL (ASSESSMENTS) MEETING HELD ON 13 FEBRUARY 2012

48. PDS01: Planning Proposal for the Parraween Street Car Park and Early Childhood Health Centre, Cremorne. Report of Mark Yee, Strategic Planner, 3 February 2012 On 28 November 2011, Council considered a report (EPS01) regarding the proposed redevelopment of the Anzac Club Site, Cammeray and the Parraween Street Car Park & Early Childhood Health Centre, Cremorne. In regard to the Parraween Street Car Park and Early Childhood Health Centre, Council made the following resolution: THAT Council prepare a Planning Proposal for the combined Parraween Street Carpark and Early Childhood Health Centre site proposed mixed use redevelopment at Cremorne. Council staff have subsequently prepared a planning proposal for the redevelopment, which is attached to this report. The planning proposal seeks to amend NSLEP 2001, by rezoning the site from Special Uses to Residential C, and to include a site specific clause in Part 5 of the document. The site specific clause will allow the additional uses of “car park” and “restaurant”, and include a provision to address the proposed developments inability to comply with the relevant landscaped area requirements. The proposed development will significantly enhance an existing Council asset and will consist of a combination of two levels of underground car parking, public open space, key worker housing, an early childhood health centre and a café. This redevelopment follows many directions and goals of Council’s Delivery Program by providing key services as well supporting the economic and social vitality of the surrounding area. In addition, providing a significant amount of open space and relocating the car park underground will substantially improve the character and appearance of the area. Concept information regarding the proposed development was previously on public exhibition from 3 November 2009 to 18 January 2010. On completion of the public exhibition Council resolved to proceed with the proposed development. Recommending: THAT Council resolve to forward the attached Planning Proposal to the Minister for Planning in order to receive a Gateway Determination in accordance with Section 56 of the Environmental Planning and Assessment Act, 1979.

RESOLVED: THAT the report be adopted subject to an investigation into amending the Planning proposal to zone the proposed designated ‘parkland’ to an open space zoning.

The Motion was moved by Councillor Gibson and seconded by Councillor Barbour.

Voting was as follows: Unanimous

Councillor Yes No Councillor Yes No McCaffery Y Zimmerman Y Gibson Y Baker Y Christie Y Robjohns Absent Reymond Y Carland Y Marchandeau Y Burke Absent Raymond Absent Pearson Y Barbour Y

ITEM PDS01 REPORTS 13/02/12

N O R T H S Y D N E Y C O U N C I L R E P O R T S

Report to General Manager Attachments:

1. Planning Proposal 2. Previous Exhibition Material

3. Previous Council Report

SUBJECT: Planning Proposal for the Parraween Street Car Park and Early Childhood

Health Centre, Cremorne AUTHOR: Mark Yee, Strategic Planner, 3 February 2012 EXECUTIVE SUMMARY: On 28 November 2011, Council considered a report (EPS01) regarding the proposed redevelopment of the Anzac Club Site, Cammeray and the Parraween Street Car Park & Early Childhood Health Centre, Cremorne. In regard to the Parraween Street Car Park and Early Childhood Health Centre, Council made the following resolution:

THAT Council prepare a Planning Proposal for the combined Parraween Street Carpark and Early Childhood Health Centre site proposed mixed use redevelopment at Cremorne.

Council staff have subsequently prepared a planning proposal for the redevelopment, which is attached to this report. The planning proposal seeks to amend NSLEP 2001, by rezoning the site from Special Uses to Residential C, and to include a site specific clause in Part 5 of the document. The site specific clause will allow the additional uses of “car park” and “restaurant”, and include a provision to address the proposed developments inability to comply with the relevant landscaped area requirements. The proposed development will significantly enhance an existing Council asset and will consist of a combination of two levels of underground car parking, public open space, key worker housing, an early childhood health centre and a café. This redevelopment follows many directions and goals of Council’s Delivery Program by providing key services as well supporting the economic and social vitality of the surrounding area. In addition, providing a significant amount of open space and relocating the car park underground will substantially improve the character and appearance of the area. Concept information regarding the proposed development was previously on public exhibition from 3 November 2009 to 18 January 2010. On completion of the public exhibition Council resolved to proceed with the proposed development. RECOMMENDATION: 1. THAT Council resolve to forward the attached Planning Proposal to the Minister for

Planning in order to receive a Gateway Determination in accordance with Section 56 of the Environmental Planning and Assessment Act, 1979.

Signed: Endorsed by: Manager, Strategic Planning

Report of Mark Yee, Strategic Planner - 3 February Re: Planning Proposal Parraween Street Carpark and Early Childhood Health Centre, Cremorne (2)

LINK TO DELIVERY PROGRAM The relationship with the Delivery Program is as follows: Direction: 1. Our Living Environment Goal: 1.4 Provide appropriate public open space, recreation facilities and services Direction: 2. Our Built Environment Goal: 2.2 Improve mix of land use and quality development Goal: 2.3 Improve traffic management Direction: 3. Our Economic Vitality Goal: 3.1 Ensure a vibrant, strong, and sustainable local economy Direction: 4. Our Social Vitality Goal: 4.4 Enhance community services, facilities and information Goal: 4.6 Promote affordable housing and accommodation Direction: 5. Our Civic Leadership Goal: 5.5 Ensure the long term financial sustainability of North Sydney SUSTAINABILITY STATEMENT The following table provides a summary of the key sustainability implications: QBL Pillar Implications Environment The proposed development site is located in an area which is well

serviced by public transport and is in close proximity to local services.

The redevelopment could incorporate water and energy efficiency measures to increase the sustainability of the site.

Social The proposal includes the provision of “Key Worker Housing”, which will provide accommodation for key workers such police, teachers, nurses etc.

The redevelopment includes the provision of open space to be utilised by the public.

The proposal will provide a new and improved early childhood health centre.

Economic The increased capacity of the car park will encourage more visitors to the area, who will support local businesses.

Governance The proposed redevelopment is consistent with the concept material that was previously on exhibition from 3 November 2009 to 18 January 2010.

Should the planning proposal receive approval from the Gateway Determination, it is likely that it will have a condition requiring the public exhibition of the planning proposal.

BACKGROUND Council initiated the investigation of expanding the car park in 2008. This investigation included internal consultation with Council staff from various departments to develop a

Report of Mark Yee, Strategic Planner - 3 February Re: Planning Proposal Parraween Street Carpark and Early Childhood Health Centre, Cremorne (3)

concept that would be consistent with Council’s relevant policies/strategies and would also provide benefit to the community. In August 2009, Council resolved to have an architect prepare concepts for the proposed redevelopment and then place that material on public exhibition. The proposed redevelopment consists of a combination of two levels of underground car parking, public open space, key worker housing, an early childhood health centre and a café. The concept development was subsequently on exhibition on from 3 November 2009 to 18 January 2010. A copy of this exhibition material is attached to this report. On completion of the exhibition eleven responses were received, with outright support for the project in principle from three respondents. Details of submissions received were reported to Council on 1 February 2010, where the following resolution was made:

THAT Council call tenders from design and planning consultancy teams to prepare and lodge both the Development Application and the Re-zoning Application for the amalgamated subject sites of 106 Parraween Street and 4-6 Langley Place, Cremorne, for the proposed mixed use re-development.

Some of the uses in the proposed development are not permitted under the sites existing zone. It was also determined that the proposed development would not likely comply with the landscaped area requirements in Clause 20 of NSLEP 2001. Tenders were then subsequently called. It was then determined that as the proposed development would be permitted under DLEP 2009, it would be more appropriate to simply submit a development application for the site once DLEP 2009 came into force. This was addressed in a report to Council on 31 January 2011, where the following resolution was made:

THAT Council resolve to reject all tenders received for Tender 26-2010 on the grounds that none of the tenders any longer satisfy Council’s requirements. THAT Council resolve to call fresh tenders only for the preparation of a Development Application for the proposed amalgamated subject sites of 106 Parraween Street and 4-6 Langley Place, Cremorne.

DLEP 2009 was previously on public exhibition from 20 January 2011 to 3 March 2011. Council sent the Section 68 package for DLEP 2009 to the Department of Planning and Infrastructure (DPI) in July 2011, with a request that the Minister make the plan. Council has not yet received a formal response to that request. Given the uncertainty regarding the timeframe for gazettal of DLEP2009, the issue of whether to proceed with a planning proposal for the site was addressed in a report to Council on 28 November 2011. From this, Council made the following resolution:

THAT Council prepare a Planning Proposal for the combined Parraween Street Carpark and Early Childhood Health Centre site proposed mixed use redevelopment at Cremorne.

Report of Mark Yee, Strategic Planner - 3 February Re: Planning Proposal Parraween Street Carpark and Early Childhood Health Centre, Cremorne (4)

SITE DESCRIPTION The site consists of the Parraween Street Car Park (106 Parraween Street) and the adjacent Early Childhood Centre (4-6 Langley Place) in Cremorne. The site incorporates Lot 1, DP 980455, Lot 1, DP 572817, Lots A & B, DP 318784, Lot 1, DP 980451, and Lots 1, 2, 3 & 4, DP 1122786. The existing car park is an open-air, at grade car park with access from Parraween Street. The existing early childhood health centre is adjoining the car park and is jointly owned by North Sydney Council and Mosman Council. The site is located at the interface between the Mixed Use zone along Military Road and the residential area of Cremorne. The neighbouring sites are zoned a mixture of Residential C and Mixed Use. Properties on the northern side of Parraween Street are zoned Residential C and consist of a mixture of residential flat buildings and residential dwellings. Neighbouring properties on the southern side of Parraween Street are zoned Mixed Use and consist of and consist predominantly of shops with some sites having residential units above. PROPOSED AMENDMENT The redevelopment consists of a combination of two levels of underground car parking, public open space, key worker housing, an early childhood centre and a café. Permitted Uses Under NSLEP 2001, the car park is zoned Special Uses – Car Parking, with the neighbouring early childhood centre being zoned Special Uses – Municipal Purposes. The Special Uses –

Subject Site

Subject Site

Report of Mark Yee, Strategic Planner - 3 February Re: Planning Proposal Parraween Street Carpark and Early Childhood Health Centre, Cremorne (5)

Car Parking zone allows for the operation of a car park. The permissible uses for the Special Uses – Municipal Purposes zone, which applies to the early childhood centre, are not well defined. Under both the current NSLEP 2001 and the previous LEP 1989 there is no definition of “Municipal Purposes”. It is envisaged that the development will cover both sites. As such the car park will not be permitted on the land that is current zoned Special Uses – Municipal Purposes, and the early childhood health centre would not be permitted on the land currently zoned Special Uses – Car Parking. In addition the proposed cafe is not currently permitted on either site The Planning Proposal seeks to rezone both sites Residential C, which would allow most of the proposed uses. However the uses of a “car park” and “restaurant” are not permitted in the Residential C zone. To address this issue the planning proposal also includes a site specific clause to be inserted in Part 5 of NSLEP 2001, to allow these additional uses on the subject site. This clause would be identical to the provisions proposed for the site under DLEP 2009, in Clause 10 in Schedule 1 – Additional permitted uses. Landscaped Area The planning proposal also seeks to address the developments inability to comply the landscaped area controls. As the site is proposed to be zoned Residential C, the standards of this zone would apply. The landscaped area controls in Clause 20(2) of NSLEP 2001, require sites zoned Residential C with a site area over 900m2, must provide minimum landscaped area of 60%. The definition of landscaped area under NSLEP 2001 is as follows:

landscaped area of a site means the part of the site that is generally at existing ground level, that is not occupied at or above or below by any building structure, swimming pool or hard-surfaced tennis court, or the like, that is or is proposed to be predominantly landscaped by way of plantings, gardens, lawns, shrubs or trees and that is available for use and enjoyment by the occupants of the building erected on the site, but does not include any area set aside for driveways and parking.

As the proposed underground car park in envisaged to cover the whole of the site, all of the proposed open space area would be located above a building structure. The redevelopment would therefore not be able to comply with the landscaped area requirements. The planning proposal addresses this issue by including a provision in the proposed site specific clause to allow area above the underground car park that is at ground level and suitably landscaped to be included when calculating landscaped area. The planning proposal provides an example of how this provision may be written, however the drafting of the clause is the responsibility of Parliamentary Counsel. PLANNING APPRAISAL The proposed development will significantly enhance an existing Council asset. This redevelopment follows many directions and goals of Council’s Delivery Program by providing key services as well supporting the economic and social vitality of the surrounding area. In addition, providing a significant amount of open space and relocating the car park underground will substantially improve the character and appearance of the area.

Report of Mark Yee, Strategic Planner - 3 February Re: Planning Proposal Parraween Street Carpark and Early Childhood Health Centre, Cremorne (6)

Rezoning The Planning Proposal seeks to rezone the site Residential C. The adjoining properties on the northern side of Parraween Street as well properties on the rear boundary facing Gerard Street are all zoned Residential C. Whilst the proposal is for a mixed use development, zoning the site Residential C will ensure that it will have to comply with the relevant planning controls for that zone such as height, building height plane etc. This will ensure that any development on the site is of a similar bulk and scale to the neighbouring properties. As such the proposed Residential C zone is considered to be the most appropriate zone. Furthermore the Residential C is the equivalent zone to the R4 – High Density Residential zone, which is currently proposed for the site under DLEP 2009. Additional Uses In addition to rezoning the subject site, the planning proposal also seeks to allow the additional uses of a “car park” and “restaurant”, which are not permitted in the Residential C zone. A large portion of the site has operated as a Council owned car park for many years. The car park is an important community asset as it has used by visitors to the area, which supports local businesses and services. The redevelopment was primarily sought to increase the capacity of this community asset. This increase in capacity is vital to support local businesses and services in the area, furthermore locating the car park underground will make the area more attractive. As such the additional use of a “car park” is considered to be acceptable. The use of a “restaurant” is being sought to allow the operation of a cafe on the subject site. Properties opposite the sites on the southern side of Parraween Street are zoned Mixed Use and include a number shops at ground level. The site is also opposite Langley Place, which provides pedestrian thoroughfare between Parraween Street and Military Road and includes an existing cafe. The proposed cafe would therefore be consistent with the character of the area, and as such the proposed additional use of a “restaurant” considered acceptable. Landscaped Area Provision As previously stated, the definition of “landscaped area” under NSLEP 2001 does not allow any area located above a building structure to be included in landscaped area calculations. The proposed development includes a significant area of open space fronting directly onto Parraween Street. The existing car park is an open air, at grade car park and is constructed primarily of asphalt with minimal landscaping. The proposed park will provide significant benefit to the community by providing open space for use by local residents, workers and visitors to the area. The parkland will also significantly improve the character and appearance of the area. The planning proposal includes a site specific provision that would address the developments inability to comply with the landscaped area provisions. This provision seeks to allow area above the underground car park, at ground level and is suitably landscaped to be included in landscaped area calculations. As the proposal will substantially increase the amount of landscaping on the existing site and will enhance the amenity and usability of a community asset, the proposed site specific provision is considered to be satisfactory.

Report of Mark Yee, Strategic Planner - 3 February Re: Planning Proposal Parraween Street Carpark and Early Childhood Health Centre, Cremorne (7)

Policy and Strategic Context Draft Inner North Subregional Strategy In July 2007, the NSW Government released the draft Inner North Subregional Strategy (draft INSS). Under the draft INSS the site is identified as being part of the Cremorne Junction Small Village. Small Villages are generally defined as consisting of a small strip of shops and adjacent residential areas within a 5 to 10 minute walk. The site is also located within close proximity to the Strategic Bus Corridor on Military Road. The proposal supports the achievement of the draft INSS objectives by providing residential accommodation, childcare and increased open space on a site that is located in an existing medium to high density residential area and is in close proximity to a transport corridor and other services. Draft North Sydney LEP 2009 The Planning Proposal is consistent with the designated future zone for the site under DLEP 2009. Under this document it is proposed to zone the site R4-High Density and include a site specific provision allowing the additional uses of a “car park” and a “restaurant”. North Sydney Local Development Strategy 2009 The North Sydney Local Development Strategy 2009 was adopted by Council on 20 June 2011, and generally follows the rationale of the Draft INSS.

The strategy identifies that any increases in dwellings in Cremorne to be focused in high-density zones situated along Military Road. As the site is located in an area that is primarily zoned Residential C and is in close proximity to Military Road, it is considered that the planning proposal is consistent with this strategy.

North Sydney Residential Development Strategy The North Sydney Residential Development Strategy 2009 was adopted by Council on 20 June 2011 and generally follows the rationale of both the Draft INSS and the North Sydney Local Development Strategy 2009. The strategy identifies the vast majority of development potential in Neutral Bay/Cremorne to be in the high density zones situated along Military Road. The strategy also identifies the importance of providing a mix of appropriate and affordable housing. CONCLUSION

The planning proposal will allow redevelopment on the site consisting of a combination of two levels of underground car parking, public open space, key worker housing, an early childhood centre and a café. This redevelopment will increase the capacity of the car park as well as providing significant benefits to the community. It is therefore recommended that Council forward the attached planning proposal to the DPI for Gateway Determination.