environment and planning committee 2 may 2005 … · environment and planning committee 2 may 2005...

Environment and Planning Committee 2 May 2005

Wollongong City Council

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REF: BD1/05

REDEVELOPMENT OF KINGS THEATRE, THIRROUL Report of Manager Development Assessment and Compliance (CH) DA-2004/158

PRECIS

Council is in receipt of Development Application DA-2004/158 for the redevelopment of Kings Theatre, Thirroul including the demolition of rear portions of shop/flat building, storage spaces and amenities block, restoration of facade of King Theatre building, construction of new first floor within building to accommodate theatre, conversion and construction of seven (7) shops at ground level with terrace parking for six (6) spaces, construction of a police station and secured police compound for parking, and construction of five (5) town houses over basement parking to service commercial shops and town houses at Lot 1 DP 311505, Lot 2 DP 314334 (No’s 264-270) Lawrence Hargrave Drive and Lot 4 DP 311505 and Lot A DP 366407 (No’s 1-3) Redman Avenue, Thirroul. The site is zoned 3(a) General Business and 2(a) Low Density Residential, under Wollongong Local Environmental Plan (WLEP) 1990. The amended application was placed on exhibition between the 23 February and 16 March 2005. Five (5) submissions were received including objections from Neighbourhood Committee, the Thirroul Action Group and one petition consisting of 41 signatures from Thirroul shop owners supporting the development. An Informal Planning Conference (IPC) was held on 6 April 2005. The application has been assessed against the “Matters for Consideration” under Section 79C of the Environmental Planning and Assessment Act 1979 including matters such as Traffic, Heritage, accessibility, suitability of proposal, flooding/stormwater, along with an assessment of geotechnical and social impacts and on balance, is considered satisfactory. These issues and others are detailed in the report. It is recommended that the application be approved subject to conditions of consent.

RECOMMENDATION

Council delegate authority to the General Manager to determine Development Application DA-2004/158 for the redevelopment of Kings Theatre, Thirroul including the demolition of rear portions of shop/flat building, storage spaces and amenities block, restoration of facade of King Theatre building, construction of new first floor within building to accommodate theatre, conversion and construction of 7 shops at ground level with terrace parking for 6 spaces, construction of a police station and secured police compound for parking, and construction of 5 townhouses over basement parking to service commercial shops and townhouses at Lot 1 DP 311505, Lot 2 DP 314334 (No’s 264-270) Lawrence Hargrave Drive and Lot 4 DP 311505 and Lot A DP 366407 (No’s 1-3) Redman Avenue, Thirroul.

BACKGROUND

Development Application DA-2003/1670 sought approval for the conversion of Kings Theatre to accommodate 8 retail shops and 7 first floor residential units. After consultation with Council and the input from the local community this application was withdrawn on 7 November 2003. Development Application DA-2003/5243 was approved by Council dated 4 May 2004 for the use of the adjacent premises at No. 264-270 Lawrence Hargrave Drive for a hair dressing salon and coffee book shop. Development Application DA-2004/158 was lodged on 30 January 2004 for the Demolition and alterations and additions to Kings Theatre, including 9 commercial shops, a police station, 7 residential apartments were proposed for the first level of Kings Theatre, and construction of 4 townhouses.



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On 22 April 2004 the applicant purchased No.1 Redman Avenue and amended plans were received to include deletion of the first floor residential apartment units and use of existing Kings Theatre building as a performing arts centre for a range of events, 6 shops, police station, construction of 4 townhouses and relocation of vehicular access to Redman Avenue, containing 2 levels of parking for 37 cars. The application was placed on public exhibition from 16 March 2004 to 23 April 2004. During this period 26 submissions were received including Neighbourhood Committee 3 and Thirroul Action Group. Concerns were raised by Council which included items identified by the community. Subsequently amendments to the proposal was made by the applicant including the purchase and consolidation of No. 3 Redman Avenue for the townhouse component and alterations to proposed vehicular access to the site. Specialist consultant reports accompanied the application including a Heritage, Traffic Impact, Flood Study, Geotechnical, Acoustic, Building Code of Australia (BCA) assessment and Access Audit Reports Council received amendments on 15 February 2004 and the application was readvertised from 23 February 2005 to 16 March 2005. Five (5) submissions were received objecting to the proposal and one (1) petition consisting of 41 signatures from Thirroul shop owners supporting the development. A request for an IPC was also received and this meeting took place on 6 April 2005. Site Description and Locality The site comprises of 4 allotments. Two of the lots contain Kings Theatre (Lot 1 DP 311505 and Lot 2 DP 314334) whilst the remaining two front Redman Avenue (Lot 4 DP 311505 and Lot A DP 366407). Kings Theatre is a corner allotment with frontage to Lawrence Hargrave Drive and King Street. Kings Theatre is a substantial brick building with a hipped roof characteristic of a 1920’s cinema and contains an auditorium which was later used as a roller skating rink. The Redman Avenue lots contain two detached dwellings with associated structures. The site has a total combined area of 3595 square metres (2206 square metres Kings Theatre site, and 1389 square metres at Redman Avenue site). The site is located within Thirroul commercial centre and is bordered by a medical centre, banking, commercial and retail facilities. Opposite the site (south) is Beaches Hotel, Thirroul Plaza and to its east (opposite) is a two storey shop top housing. Redman Avenue allotments are bounded by the Illawarra Railway (west) and detached dwellings/units to its north.

PROPOSAL

The application submitted to Council is for Demolition of rear portions of shop/flat building, storage spaces and amenities block, restoration of the facade of Kings Theatre building, construction of new first floor within building to accommodate theatre, conversion and construction of 7 shops at ground level with terrace parking for 6 spaces, construction of a police station and secured police compound for parking, and construction of 5 townhouses over basement parking to service commercial shops and townhouses. The components of this application are:



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• Retention of Kings Theatre with a new floor to be constructed at first floor to accommodate the theatre.

• Restoration of façade of Kings Theatre Building in accordance with Heritage Report. • Conversion of ground floor of theatre into 7 commercial/retail spaces, including occupation

by ANZ Bank, pharmacy and other retail outlets. • Construction of 3 level police station adjoining the theatre immediately to its west including

compound for vehicles. • Construction of 5 x 2 storey 2 bed townhouses on No 1 and No 3 Redman Avenue. • Basement car park below townhouses to provide parking for commercial shops,

townhouses, access to police compound and theatre. • Strata Title subdivision. • Construction of traffic lights corner of Kings Street and Lawrence Hargrave Drive. • Street improvement works including footpath pavement, street tree planting. • Redevelopment is to be staged in four sections which is as follows:

- Stage One – Construction of ground floor commercial units and associated access and car parking area at No. 1-3 Redman Avenue.

- Stage Two – Construction of Police Station and associated parking at the rear. - Stage Three – Townhouse development and associated access and podium level

parking. - Stage Four – Completion of restoration of Kings Theatre building.

CONSULTATION AND COMMUNICATION

The amended application was placed on public exhibition for a period of two weeks between the 23 February 2005 to 16 March 2005, including exhibition at Thirroul Library. During this period, five submissions were received including submissions from the Neighbourhood Committee 3, Thirroul Resident Action Group and one petition consisting of 41 signatures from Thirroul shop owners supporting the development based on the provision of a police station, a performing arts theatre and reopening of the ANZ Bank. The main issues raised are summarised in the table below with relevant comment thereon. Main Issues of Concern Comment Suitability of the site for a police Station. Inappropriate strategic location, access issues.

Advice received from the NSW Police supports the proposed police station and is consistent with their strategic plan for the Illawarra region.

Object to 3 storey Police Station and design. Inconsistent with Kings Theatre and should be maximum 2 storeys

The Heritage Report undertaken by Rod Howard and Associates Pty Ltd indicates the proposed 3 storey police station is based on the precedent provided by the 2 storey section of the northern side of the building presently containing the shops and flat and has similar scale to its façade (see attachment No 3). The materials selected including brick and render are similar to those favoured in the 1920’s. The NSW Heritage Office generally supports the proposal subject to conditions if the application is supported

The police Station is a waste of money considering existing police stations have been downgraded if not become vacant premises

The NSW Police Commission have advised that the site is part of their strategic plan for the Illawarra Region.



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Main Issues of Concern Comment Legality of the Police Station opposite a Hotel - Beaches

Council’s Safe Community Action Team (SCAT) have raised no objection to the Hotel being opposite the proposed Police Station.

The retention of Kings Theatre and utilisation for cinema, performing arts centre is limited. There are acoustic issues, and concerns about the viability of the cinema

Applicant has indicated that the cinema is viable. Restoration and implementation of new equipment for the theatre and performing arts centre will be state of the art. Note that due to the existing building there will be some limitations. The cinema will be designed to accommodate alternative community/cultural uses. if the cinema is not successful

Lack of amenities provided in Performing Arts Centre

An access audit has been provided so that the development satisfies the BCA, this also includes requirements under the BCA.

What is there to stop the developer putting in residential units at a later date

Applicant advised that there is no intention to convert the theatre into residential units and would be subject to a separate application if that was the case.

Risk of geotechnical instability Geotechnical investigations reveal that the proposed development is structurally sound and will not impact upon the existing building. The NSW Heritage Office has indicated that the development is satisfactory subject to demolition and construction satisfying their guidelines.

Traffic Does not provide enough parking Proposed Traffic Lights will exacerbate traffic problems along Lawrence Hargrave Drive

• The development is insufficient by 23 car spaces under DCP No. 6 and DCP 49. The applicant has engaged a surveyor to confirm ownership of the land located on Redman Avenue.

This plan will confirm the ownership of the land

located on Redman Avenue, which is to be used for additional car parking for the site. Should the land be in the ownership of State Rail then negotiations with State Rail will be undertaken, to enable the land to be utilised for car parking purposes. Such negotiations will occur as a separate matter to the current development application for the Kings Theatre.

• The application was forwarded onto the RTA and Councils Traffic Section. The RTA and Traffic Section have indicated that a current traffic study is being prepared and modelling indicates that there will be some form of intersection treatment at Kings St and Lawrence Hargrave Dr. However based on the applicant’s consultants (KF Williams) Traffic Report (by KF Williams and Associates Pty Limited), this development does not require the provision of traffic lights. However the applicant has indicated that he is prepared to pay for costs of lights if required and or would pay a bank guarantee for works in kind in the future once a design had been finalised.

• This can be made a condition of the development consent.



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Main Issues of Concern Comment Only one means of egress is unsafe in the event of an emergency

An access audit report has been undertaken by the applicant which indicates that the development will meet minimum standards in accordance with the BCA.

Oppose street tree planting and type. The proposed Livistona Australis (Cabbage Tree Palm) is not a suitable street tree (is a rainforest plant) Street trees should provide for large canopies and be local native species

The proposed street tree planting is consistent with the Council’s Thirroul Streetscape Improvement Plan.

Development cannot be determined if Thirroul Strategy Plan has not been completed and determined.

The strategy plan is not an adopted development control plan or has any weight with regard to the section 79C of the Environmental Planning and Assessment Act 1979

Height – Development exceeds min height of 11m

Kings Theatre exceeds the 11.0m height but is an existing building. The proposed police building has a maximum height of 9.1m to ceiling and complies with the Illawarra Regional Environmental Plan No 1 (IREP 1)

Thirroul DCP under Review. Until the draft DCP is reviewed, it is not appropriate to go ahead with another sizeable development and will have a major impact on the character and structure of Thirroul

The Draft DCP has no weight with regard to Section 79C of the Environmental Planning and Assessment Act 1979.

We consider the location of the site to be unsuitable for the level of overdevelopment proposed. This is a busy intersection. The addition of 29 police cars rushing out into the main intersection of Thirroul shopping centre is bizarre.

The Police Commission have advised that the site is part of its strategic plan for the Illawarra Region.

Heritage values of Kings Theatre – All original features of the building should be conserved so that the building can be sued as a multi-purpose community based culture centre

The Heritage Reports indicates that most of the remaining features will be retained as part of the redevelopment. This has been supported by the NSW Heritage Office subject to conditions of consent if the application is supported.

An IPC was held on 6 April 2005 (notes of the meeting are in Attachment 4). The main issues raised during the IPC were as follows: • Traffic, impact upon Lawrence Hargrave Drive, Redman Avenue and greater localised roads. • Suitability and viability of the development inclusive of the Police Station and Theatre. • Heritage. impact. • The performing arts centre will not provide adequate facilities to hold particular conferences,

theatricals. • Cumulative impact of this development with redevelopment of Beaches and Thirroul Plaza. These issues have been addressed in the previous table above.



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Internal Consultation Works Division (Geotechnical Section)

An assessment of the geotechnical information was undertaken in conjunction with an inspection of the area and comparisons of other studies in the area. Council’s Geotechnical Officer advised the submitted information is determined as sufficient.

Recreation and Natural Resources

Supported and can be accommodated via conditions of consent.

Design Division - Drainage

Development satisfactory subject to conditions of consent

Community Services Division

Supported subject to the imposition of conditions

Landscape Section Satisfactory subject to imposition of conditions, including further consultation for the Thirroul Streetscape Improvement Plan.

Traffic Section

The Traffic Section have indicated that a current traffic study is being prepared and modelling indicates that there will be some form of intersection treatment at Kings St and Lawrence Hargrave Dr. However based on the applicant’s consultants Traffic Report by KF Williams and Associates Pty Limited, this development does not require the provision of traffic lights. Internal manoeuvring can be conditioned as part of any approval

Strategic Division - Heritage Satisfactory subject to the imposition of conditions Subdivision Section Satisfactory subject to the imposition of conditions. External Consultation NSW Heritage Office

Satisfactory subject to recommendations made by consultants Heritage Report.

Roads and Traffic Authority

No comments were received at time of report, however the RTA have indicated verbally that a current traffic study is being prepared and modelling indicates that there will be some form of intersection treatment at Kings St and Lawrence Hargrave Drive, this is yet to be determined at this stage.

NEIGHBOURHOOD COMMITTEES Neighbourhood Committee 3 was consulted and the issues raised are addressed above.

PLANNING AND POLICY IMPACT

(i) Wollongong Local Environmental Plan 1990 Zoning and Zone Objectives The subject site is currently zoned 3(a) general Business and Residential 2(b) Medium Density Residential, under Wollongong Local Environmental Plan 1990.



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The objectives of the 3(a) General Business Zone are as follows: (a) to focus and consolidate retail and business development in accessible locations; and (b) to allow development for any other purposes of those purposes will not prejudice the objective referred to in

paragraph (a) from being achieved or significantly detract from the character of the locality or the operation of any existing or proposed development nearby.

The objectives of the 2(b) Medium Density Residential Zone are as follows:- “(a) to cater for a wide range of housing types, essentially domestic in scale and character (b) to allow for a range of residential densities and for urban consolidation in appropriate locations; and (b) to allow some diversity of activities and housing provided- (i) densities, scale and height are comparable to those of detached housing; (ii) there is little increase in traffic generation;

(iii) there will be no significant detraction from the character of the locality or the amenity of any existing or proposed development nearby.”

The development satisfies both the above objectives by providing a variety of commercial business opportunities, retention and reutilisation of cultural and heritage premises. The residential component is consistent with the 2(b) Low Density Development in terms height and density of those developments within the suburb of Thirroul Clause 12 Floor Space Ratio The development proposes a total floor space ratio of 1.52: 1. The 3(a) General business Zone permits a FSR of 1.5:1 and a variation of 0.02 is sought. This is discussed below. Clause 29D Conservation Incentives Clause 29D permits a variation of Floor Space Ratio and car parking for heritage items subject to the development not adversely affecting the heritage significance of the heritage item. Applicant’s Comment: The variation sought amounts to 0.02:1. It is unlikely that this amount would be noticeable throughout the total development given the existing built form of the Theatre. The Police Station has been designed to compliment the Theatre and is considered in keeping the bulk and scale. Therefore the variation in this instance is supported. Officer’s Comment: The proposed development has received general support from the NSW Heritage Office and Councils Heritage Consultant subject to conditions which relate to retainment of existing features and fabric where possible. In this instance the variation sought for both FSR and car parking are considered acceptable. (ii) Development Control Plan 6 – Commercial and Industrial Development

DCP 6 provides that maximum site coverage of 70% is permitted for commercial development. The development incorporates the existing theatre building with an extension to accommodate a police station. A variation is sought due to the heritage significance of the site and in generally supported given the retention of the existing building and retention of the theatre use.



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Parking

Use Requirement Provided Compliance Shops 1 space per 25m2

38 spaces 23 spaces in basement

Does not comply Comment: Applicant has indicated the use of the road reserve along Redman Avenue for parking which could accommodate up to 16 spaces which would then satisfy the minimum requirements, however this does not form part of this application. Concession requested given development opposite the site and redevelopment opportunities.

Police Station 1 space per 40m2

22 spaces 14 spaces provided

Does not comply Comment: The police compound is a secure car park and has been indicated by NSW Police Service to be sufficient number of car spaces for the operation

Kings Theatre Existing use 6 on terrace level The Theatre has not been calculated as part of the parking requirements as it is an existing building that currently does not provide any on-site parking.

(iii) Development Control Plan No 49 – Multi-Dwelling Development The DCP applies to development for the purpose of 3 or more dwellings. This plan applies to the townhouse component located in Redman Avenue The following table provides a comparison of the development to the relevant control standards

Controls Requirement Proposed Compliance/Comments Building envelope frontage

18m 47m frontage to Redman Avenue

Complies

Floor Space Ratio 2(b) Medium Density Zone 0.5:1

0.49:1 Complies

Building Height 3 storeys 2 over basement car park

Complies

Basement Podium (height)

1.5m 1.5m Complies



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Controls Requirement Proposed Compliance/Comments Setbacks Front Side (south) (North) Rear

4m 3.0m 3.0m 3m

4.5m 5.0m 8.7m 7.2m

Complies Complies Complies Complies

Deep Soil 6.0m at rear 55m2 deep soil zone provided on Lot 2 adjacent to accessway

Does not comply – Variation sought – additional street tree planting to compensate deficiency. Development adjoins commercial development. Comment: the variation sought is considered acceptable and development provides landscape areas above podium level. The proposed street tree will ensure that the development will be consistent with landscaping with Thirroul Centre.

Landscape Min 1.5m on side boundaries

1.5m along side boundaries with the exception of the access ramp to basement

Minor variation sort. Access ramp is 12m long. Comment: considered satisfactory in this instance

Private Open Space 4m x 5m Courtyards vary from 4.45m x 4.75m

complies

Adaptable Housing 10% of units to be adaptable

Unit 5 indicated as adaptable

Complies

Parking 1.5 space per 2 bed unit and 0.2 spaces per unit for visitor parking – total 9 spaces

5 single garages for residential, 1 visitor car space and 3 spaces within basement

Complies

(iii) Draft Development Control Plan - Thirroul Centre This policy is a draft and does not have any weight with regard to Section 79 C of the Environmental Planning and Assessment Act 1979.

ECOLOGICAL SUSTAINABILITY The objectives of the Environmental Planning and Assessment Act, 1979, adopts Ecological Sustainability Development (ESD) principles involving consideration of economic, social and environmental factors. These issues are discussed below:



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Environmental: In accordance with the Threatened Species Conservation Act 1995 and Commonwealth Environmental Protection and Biodiversity Conservation Act 1999, an assessment of flora and fauna was concluded that the development is not likely to have a significant impact on any species or communities. Economic: The proposal will provide positive economic benefits through increased commercial development and additional housing. Social: The development will provide a performing arts centre and retainment of an existing heritage building in addition to a police station, additional shops and residential development. This is considered a social benefit to local residents. In terms of the social impact to the residents nearby, it is acknowledged that residents immediately abutting the site may suffer some amenity loss as a result of additional traffic and use of the theatre, however the theatre is an existing use and the additional traffic is unlikely to be significant to warrant refusal. The police Station will add additional traffic however in the context the amount of traffic generated is considered reasonable.

FINANCIAL IMPLICATIONS

There are no financial implications for Council if this application is approved.

OPTIONS

1 Council delegate authority to the General Manager to determine the application (in which case the application will be approved subject to the conditions of consent); or

2 Council resolve to refuse the application and provide reasons for refusal.

CONCLUSION

The proposal is for the demolition of rear portions of shop/flat building, storage spaces and amenities block, restoration of facade of King Theatre building, construction of new first floor within building to accommodate a theatre, conversion and construction of 7 shops at ground level with terrace parking for 6 spaces, construction of a police station and secured police compound for parking, and construction of 5 townhouses over basement parking to service commercial shops and townhouses. The development will provide services to the community such as the performing arts centre/theatre/cinema, a Police Station and premises for the ANZ Bank. Given that there is currently no performing arts centre/cinema in the area, in addition to maintaining the heritage integrity of the existing Kings Theatre, and providing a police station, there are clear social benefits to the Thirroul area. The development generally complies with the relevant development control plans and concessions are supported given that the site is a heritage item and Wollongong Local Environmental Plan permits concessions where the integrity of the heritage item is not adversely impact upon. Whilst there will be some impacts in terms of additional traffic generated by the development, the extent and nature of the traffic generated is considered acceptable and the economic and social benefits out way any minor impacts that this development will produce. Therefore the development is recommended for approval. ATTACHMENTS

1. Zone Map. 2. Site Plan. 3. Elevations. 4. Notes of Informal Planning Conference.


ATTACHMENT 1 - Zone Map.


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Environment and Planning Committee 2 May 2005 ATTACHMENT 2 - Site Plan.


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ATTACHMENT 3 - Elevations.


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Environment and Planning Committee 2 May 2005 ATTACHMENT 3 - Elevations.


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ATTACHMENT 3 - Elevations.


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Environment and Planning Committee 2 May 2005 ATTACHMENT 4 - Notes of Informal Planning Conference.


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NOTES OF INFORMAL PLANNING CONFERENCE

HELD ON WEDNESDAY 6 APRIL 2005 LEVEL 9 FUNCTION ROOM

DEVELOPMENT APPLICATION NO. D158/04

LOT 1 DP311505 & LOT 2 DP314334 264-270 LAWRENCE HARGRAVE DRIVE, THIRROUL

Present: As per Attendance Sheet Councillors Councillor David Martin Councillor Alice Cartan Councillor Carolyn Griffiths Councillor Andrew Anthony Council Officers Geoff Hoynes – Assistant Manager Development Assessment & Compliance - West Chris Hammersley – Senior Development Project Officer Richard Batty – Assistant Manager – Projects Survey - Design Division Angus Palmer – Landscape Architect – Design Division Nicole Stevenson – Traffic & Transport Engineer Minute Clerk – Sylvia Phillips Applicant Mr John Comelli - Lyncove Pty Limited Ms Elaine Treglown – Treglown Consulting Apologies Lord Mayor David Broyd – Director Environment & Planning Danielle Pollock – Landscape Architect S Allen Introduction Councillor Martin opened the meeting at 5.17 pm and introduced Council staff.


ATTACHMENT 4 - Notes of Informal Planning Conference.


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Elaine Treglown My name is Elaine Treglown and I have been engaged by Mr Comelli to work with him. Since the original proposal there have been substantial changes. We have addressed concerns by Council and made changes. A number of concerns were raised one being the relationship of commercial/residential. We have sought to separate access driveway between commercial and residential. The existing Kings Theatre building will serve 7 retail shops one of which will be the ANZ bank. The upper theatre level will be retained (this can be booked through Mr Comelli’s firm). The townhouse development will be at 1-3 Redman Avenue. As Mr Comelli has purchased No. 3 Redman Avenue as well there will be 5 units over the 2 Lots. The Floor Space Ratio now complies with Council requirements. The Application is for a 3 storey building with a Police Station proposed at the rear of the theatre. It is well within the 11 metre hight limit. We have had a Heritage Architect working with us. The issue of traffic at the corner of Lawrence Drive is being addressed by the installation of traffic lights which John Comelli is proposing at his expense. There will be substantial street tree planting along Lawrence Hargrave Drive and King Street with John proposing to provide advanced species of cabbage palms. Jill Merrin Parking on Redman Avenue – this is public land. Elaine Treglown This is currently being reviewed by title search and have engaged a surveyor. If it is owned by the State Rail we would obtain the consent of State Rail. John Comelli This would be a gift to Thirroul – there is rubbish on that land now. It is not really important to the development nor do we have to do it, however, it would be a visible and social improvement, providing additional parking. Colin James What are the community facilities? Earlier schemes had performance concepts. Elaine Treglown We have retained theatre at the upper level of the building. There will be a variety of uses the same as existing. There has been concern that the theatre use will be lost. John is prepared to keep the top floor level. Colin James Community benefits? Elaine Treglown Traffic signals and the ANZ Bank will be going in.



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Councillor Cartan If I could just mention Wollongong Council have plans underway for a Community Centre at the old Shell Station site – Library and Community Centre. The Neighbourhood Centre will go into that building. Margie Rahmann Why wasn’t there a Plan included of the layout of the building? Site plan but no layout plans. Elaine Treglown & Geoff Hoynes We advertised the Site Plan – if you want to view detail including the Statement of Environmental Effects (SEE) – this was on exhibition. Chris Hammersley also put on exhibition at Thirroul Library at the request of Cr Martin and Cr Cartan. John Comelli It has neen on exhibition for months. Margie Rahmann There is an entrance on Redman Avenue but where is the other one? Councillor Martin There is one ramp to go up and one ramp to go down – Elaine, could you clarify for us please? Elaine then held up plans. Paddy Lane How much seating do you propose for the theatre? John Comelli We have no idea – we have not yet hired a consultant. Paddy Lane What about parking? John Comelli Doesn’t need parking. It is an existing building and has existing use rights. Elaine Treglown Status quo remains – Kings Theatre does not have parking. Margie Rahmann What in terms of features have been retained? John Comelli There wasn’t any. Dress circle stays. Plaster work has long been removed. We are having it recast.




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Margie Rahmann Has a Heritage study been done? Elaine Treglown Yes. Jill Merrin What is the Floor Space Ratio? Elaine Treglown 0.49:1 Chris Hammersley Confirmed 0.49:1 or 49%. Robyn Stanford I am against a Police Station in that position. The Police will come out at Lawrence Hargrave Drive and when there is congestion, they will not be able to go anywhere. Elaine Treglown That’s why we are proposing traffic lights. Councillor Martin Chris Hammersley will take you through the Application. Chris Hammersley At this point in time we have not received comments back from the RTA and the NSW Police Commissioner. Elaine Treglown The Police have been closely involved in the design of the building. Hopefully it is a process matter. Geoff Hoynes The application was referred to the Police. John Comelli The Police approached us to do this. Mr Carr’s office. Chris Hammersley I have taken over this Application and received amended plans on 15 February. We notified the people who originally made submissions as part of Council’s Notification Policy – 7 submissions – 1 from the Neighbourhood Committee was received. We exhibited the Application at the Thirroul Library and we have gone over and above our normal requirements of exhibition to the community. Most of the issues relate to traffic and heritage but some related to the proposed uses. Generally most of the issues that have been raised, the applicant has addressed and some of these have been resolved. Documents we have referred to are:



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DCP 49, IREP 1, DCP 6. The proposed Police Station and townhouses comply with the height limit of 11 metres. The Floor Space Ratio requirement is met at both sites 3(a) and 2(b) zone. There is a Heritage clause 29(D) which has been used to assess the Application. We have looked at previous uses and proposed use. We also have DCP No. 6 - which still has relevance. DCP 49 regulates flat/townhouse development which the Applicant has addressed. There is also a Draft Thirroul DCP which this application has also addressed. At present are waiting on correspondence from the RTA and the Police Commissioner. The drainage is satisfactory with minor amendments for onsite detention. Landscaping at this stage has been negotiated with our Landscape/Design division and their landscape design consultant in terms of the Thirroul precinct. Council has also requested a building report be carried out as part of the Building Code of Australia requirements, which also has regard to access and egress, as well as Disabled issues and fire safety. From here I have yet to complete my report because we are still awaiting outstanding replies from a few NSW agencies and a few internal correspondence from our relevant officers but we are pretty close to at least forming an opinion at this stage. We also have to conduct these Informal Planning Conferences to obtain the community’s feeling. I will now invite Nicole Stevenson from our Traffic Division to give us an outline of the traffic impact. Nicole Stevenson Council has a consultant undertaking a traffic study throughout Thirroul. I believe we are going to require a traffic facility at the intersection of Lawrence Hargrave Drive. Generally when we look at the bigger picture we will find the level of facilities required. Resident Taxis and buses? Nicole Stevenson Taxis and public transport will be incorporated into this report. Elaine Treglown Over the exhibition period over 100 shop-owners lodged submissions of support Chris Hammersley Confirmed that these had been received. John Comelli A lot of the shop-keepers in the CBD signed a letter of support. Cate Wilson How can we evaluate this Application when there is no traffic study attached to it? It is premature to be evaluating now when there is no word from the Police or the RTA. Nicole Stevenson This Application was lodged prior to the study being completed. We are gathering the information as we go.




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Cate Wilson Here we are having a public meeting about the development – will there be another IPC? Elaine Treglown We have had a traffic study. Cate Wilson Did we include the Police Station? John Comelli Yes. Councillor Martin Nicole made reference to planning in the area - development for Beaches hotel and for Thirroul Plaza and while we are looking at this proposal makes sense to make estimates of what likely outcomes may be. Cate Wilson It makes more sense to complete these studies before we start. Joe Davis Will the Application be determined before the studies are complete? Councillor Martin Traffic and parking studies? Nicole Stevenson I don’t know the time-frame. Yes, we are going to get a facility. Use bigger picture stuff. Elaine Treglown The provision of traffic lights is over and above what is required for this development. Nicole Stevenson Definitely over and above. Elaine Treglown Normally there would be 10 or 20 developments contributing. Joe Davis The traffic solution proposed for Redman Avenue merely distributes the problem to other points. Councillor Martin Change motorists’ patterns of behaviour? Nicole Stevenson I have not completed my assessments. I will be considering this as part of my assessment.



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Jill Merrin It doesn’t include that there would be lights. Do people want a facility there? Elaine Treglown Quite clearly indicated traffic lights proposed. John Comelli Not a requirement for the development of this site. We are happy to take them out. Elaine Treglown If Council feels this is inappropriate. Jill Merrin 2(b) zoning in shops and not separate commercial accessway - 2b rezoned to 3a? Chris Hammersley Clause 11 does not prohibit shops/retail/commercial development. Robyn Stanford We have spoken about the traffic in Thirroul but what about the traffic at the bottom of Bulli Tops. What if there is a major catastrophe on the railway bridge and also at the bottom of the Pass. It is a silly place to have a Police Station. Councillor Martin We will now here the Submissions. Robyn Stanford I am completely against a Police Station in that position. I have been in touch with Mr Carr and three police ministers and have not received any reply. We have continually asked why can’t this Police Station be situated at the old Bulli Police Station. We have previously been advised it’s ready to go and was upgraded just before it closed. What if there is a big incident and police have to try and get through the traffic - bridge, Pass become blocked. I am on the Neighbourhood Centre and have sold tickets in this location and witnessed many near misses. During peak hour times there are lots and lots of cars banking up from Raymond Road through to the Phillip Street lights. Ross Dearden I’m from Neighbourhood Committee 3 and would like to thank Jill Merrin for her work in preparing our submission. On occasions it can take 20 minutes to get from Hobart Street into Thirroul, eg when the Thirroul Festival was on and in fact from 3.30 pm every afternoon the traffic in this location is an issue. We have a DCP with Thirroul concerns – this should be considered together not only on the traffic aspect in conjunction with the Beaches hotel and the Plaza. It may not be a good thing to have traffic lights at King Street. People want to retain that “village” feel of Thirroul. Some people would argue Thirroul could do without traffic lights. The people are saying lets try and sort it out at this level.




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The following is NC3’s submission: The residents of the local community through our Neighbourhood Committee, believe that the amended Development Application does not enhance the nature of Thirroul sufficiently to be approved in its present format. We therefore object to the above development application on the following grounds: 1. Height and Unsuitable Location of Police Station A 3-storey police station will be visually intrusive and there is concern that this use is not compatible with the location in the centre of this growing town with its mixture of commercial and residential premises. It is not compatible with the adjacent residences in Redman Avenue. A Police Station would operate 24 hours a day and there could be considerable noise from emergency vehicles entry and exit and the expected commotion involved in policing procedures. There is a medical centre adjacent which requires undisturbed ease of access for the sick and disabled and a hotel and supermarket car park entrance. Existing, unused police station buildings at Corrimal, Bulli, Austinmer and Scarborough should be re-instated to provide local police services without the additional expenditure involved in a new building. This would provide the efficient and effective local police presence which has been missing in the northern suburbs for many years. Alternatively, a regional police station of this size should be situated outside the central business district of Thirroul. 2. Thirroul DCP under review The DCP for central Thirroul is presently being reviewed with large amounts of public consultation including public workshops and the input of a Neighbourhood Committee sub-committee. A draft is to go on exhibition this year. Until the DCP has been reviewed it is not appropriate to go ahead with another sizeable development in the centre of the business district which will have a major impact on the long-term character and structure of Thirroul. King Street is presently used regularly as a public exhibition and performance space, as in the recent Thirroul seaside and arts festival. There has been strong support for the use of this area as a central Thirroul town square, for pedestrian-use only. Any development must retain the capacity of this road to be closed to traffic in the future for the purpose of creating a pedestrian mall and town square. 3. Heritage values of Kings Theatre This theatre has been identified by the Thirroul Theatre Restoration Project, as one of the major historic public buildings in the northern Illawarra. The group has requested that all original features of the building be conserved and that the building be used as a multi-purpose community-based cultural centre. The conservation of this building from the 1920s takes on a greater significance in light of the recent approval to destroy the Headlands Hotel at Austinmer, another major building of this era. This proposal involves the destruction of the original foyer and other interior parts of the building. However, the proposed foyer and entrance to the auditorium is insufficient for the quantity of people this sized space would carry. Neighbourhood Committee 3 is pleased with the proposal to provide a public cultural centre in the Kings Theatre and we wish to see that development proceed with sensitivity to the historic nature of the building and its cultural importance to the town of Thirroul.



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4. Car Parking and Traffic It is not clear whether the inclusion of 16 car-parking spaces on the western side of Railway Road (named Redman Avenue in the REF) is part of this development. If so, we do not agree with the alienation of public open space for additional car parking to enable private development. It is also not clear whether a footpath is included, and how safety issues for the footpath will be addressed. The REF states that 6 car-parking spaces are sufficient for the existing use of the Kings Theatre. As the Kings Theatre has no existing use but the proposal includes a large performance space and auditorium, it is clear that there will be a need for more than 6 car spaces. However, if the proposal results in a publicly available cultural facility, Neighbourhood Committee 3 believes that some flexibility can be justified. The provisions of the medium-density zoning include that there should be no ‘significant detraction from the character of the locality or the amenity of any existing or proposed development nearby’. The proposed and existing adjacent residential premises would be subject to noise, fumes and nuisance from the traffic entrance-way to the police station, the proposed shops and the performance centre, detracting significantly from their amenity. We do not agree with the construction of more traffic lights at the corner of King Street and Lawrence Hargrave Drive. 5. Landscaping The townhouse developments provide little open space and absorbent planting area. Increased stormwater runoff is the cause of major flooding in the Thirroul area as witnessed in the floods of 1998. Provision should be made for a sufficient proportion (25%) of the medium-density area to be dedicated to water-absorbent, planted open space. This aspect of the development does not comply with DCP 49 and we do not agree with offsetting public open space for increased private development. All plantings should be of local native species only. This is particularly important in this area, where medium density residential development is resulting in the rapid removal of mature native trees from private gardens. Plant species with a known or potential environmental weed risk must not be used in any plantings. Livistona australis (Cabbage Tree Palm) is not a suitable street tree, being a rainforest plant which requires high levels of shade, shelter and moisture. Palms trees generally do not provide sufficient bulk and shading to create the desired greening of Thirroul’s streets. The existing healthy native street plantings which include the local native species, Cheese Trees and Lillypillies should not be removed under any circumstances. Additional street plantings should include large canopy trees to compensate for the rapid loss of tree cover in gardens and provide shade and shelter. Jill Merrin We are keen to see a Performing Arts Centre there. Nine shops and a Police Station in a Performing Arts Centre and townhouse development - is that really appropriate? Neighbouring properties will be detracted. There are concerns about ability of King Street to be closed off. For a townhouse development there is a lot more water run-off and there is an urgent need to have less paving areas. We are losing a lot of greenery in Wollongong. The sharing of the driveways will be a safety problem. Murray Jones I think Mr Comelli should be thanked for the following: 1 Work to date in Thirroul;




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2 Public display of plans on the front of the Kings Theatre; 3 Intention to keep the theatre as a functioning theatre. My objections are based on the loss of architectural integration of the building by adding a Police Station. The rear of the building is a big coherent shape. The roof line is reasonably pleasant to look at. These are usually only 2 storey. They could maintain the existing roof line and still have a 2 storey Police Station. Joe Davis A Performing Arts facility is fine in principle but there is a lack of detail submitted with the Application. In order to have a sound facility you need an acoustic report. It’s difficult with the plans that have been submitted for a multi function space. There is a lack of detail for the stage facility. We need an Application that indicates that it is OK for use commercially and economically viable in the future. Other people have had similar ideas but then abandoned them. A cement floor may not be acoustically suitable. I am worried that in the future it may be found not to be economically viable. It is a very generous offer of Mr Comelli but I wouldn’t like to see an amended application in a couple of years due to it being found not economically viable. Paddy Lane I am representing the Thirroul Restoration Group – we would like to say thank you John. We had a meeting a year ago at the Neighbourhood Centre attended by 300 people. At that meeting you said you would involve yourself in a community consultation. You haven’t consulted with the community. We do have a huge arts community. We would like to be involved in designing the space. Elaine Treglown I am hearing that there is support for certain aspects – what I have seen following that Application: Number of benefits; Existing heritage building; Future use of top floor is being retained; Looking at providing a police station for Thirroul. Issues Police Station – Police have expressed a desire to locate their Police Station in this building. We have worked as closely as we can to come up with a design. John has a proposal for a Police Station. Happy to work through the issues, traffic, etc. We have hired Roy Howard & Associates as they specialise in heritage buildings. The height of the police building is designed to be in context with the height of that building. One or two storey would be out of context – welcome comments in terms of design. Traffic lights within Thirroul – normally this would not be needed. Council may feel there is something more appropriate. Nicole Stevenson Another alternative is that a bank guarantee could be provided. With the first Application there was access proposed on to King Street. Council felt this was inappropriate so this was removed. John bought No. 1 Redman Avenue and then bought No. 3.



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Elaine Treglown In relation to the access issue by the police the proposed Police Station will be a general duties Police Station only not highway patrol. Landscaping – deep soil zone. We have further sought Council’s variation on this one given street tree planting and other works being done. John has proposed a great deal more than is required therefore there is a “trade off” regarding the deep soil zone. Palm trees – Thirroul is known as the “Valley of Cabbage Palms” but we are happy to work with Council on this issue. Acoustic - An acoustic report has been prepared. We have to be mindful economics is an issues but economics will be a factor - how much work should John be required to do? There is quite some considerable cost to John to not provide units on the top. A state of the art theatre would be very expensive. This is a generous offer. Joe Davis How does it work in existing use rights. Council values – heritage building certain issues. How does it work without reshaping. Elaine Treglown Commercial zoning. Geoff Hoynes Coming back to a use it was originally built for – that is the yardstick. Angus Palmer We will assess the deep soil factor. Streetscape – we want to make it consistent with the MasterPlan. Tracey Whiteman, consultant, is going to come in. Cabbage palms will be considered – also with Beaches and Plaza – whole of Lawrence Hargrave Drive. Robyn Stanford What about the fronds from the Cabbage Palms? They could hit a pedestrian or a vehicle. Angus Palmer That is a design aspect that needs to be looked at. Palms are part of the concept. Geoff Hoynes This should be taken up with out Public Liability staff. Angus Palmer I am running with the MasterPlan. When Tracey Whiteman comes in we will bring it up with her. Robyn Stanford What about the seeds these palms have? The cockatoos will scatter them everywhere.




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John Comelli I have been living in Bulli and Thirroul now for 40 years. I would like to point out what we have done. Since 1964 our company has developed many properties including Terrace in Church Street, Harp Hotel, Corrimal Street – my passion for keeping heritage buildings is very clear. I am passionate about my work. John Comelli The NSW government has been looking to build a Police Station for 6 years. They want a Developer to buy the land and build a Police Station and then they will rent it. There is not enough land in Bulli – the police want 900 sqm and parking for 16 cars. This will be an operational station. The Highway Patrol is in Warilla. They approached me. I would be happy to build a shop there. I live in this area and there are ‘yahoos’ around who come with cases of beer – some cause vandalism. A Police Station in the northern suburbs is not going to happen because a Developer would not sink their money in. Bulli is unsuitable because it would not house half of what they need. To put in 40 trees it will cost $250,000. I have offered to put trees around the town. Cabbage trees in Thirroul – first State – “Valley of Cabbage Palms”. If Pine trees are preferred I will put them in. In any of the developments we have put in mature trees. No trees die on any of my buildings. I have over-offered – I will put whatever trees Council says. I have offered to put in traffic lights but I am happy to cancel it. The area in Railway Street is full of rubbish. I don’t need a fight when it’s not necessary. $250,000 gift to Thirroul. It should be noted there is no parking for the Illawarra Performing Arts Centre. I will not put in an inferior concrete floor. I will have an excellent floor designed. Do not give me stupid objections – thank you. Shaun Prince For the commitment I salute you.. I have a passion – one for corporate governance and planning law. In relation to your developments there is a disregard for planning law and protocol in putting in an Application – Harp Hotel have been victims of your indiscretions. My question is if Council was to approve the Development Application I would like to see a commitment to adhere to the concept. John Comelli 105%. Cate Wilson A request to Councillors - could you please ask the Developer to hold until all relevant studies are complete because I do not think it is appropriate for us or the community or Councillors or Council officers to evaluate this development until we have the traffic studies and there is the whole issue of the Police Station and the reply from the Minister. The viability of the theatre needs a proper study. The DCP review that is going on now we have not even mentioned what they propose for Thirroul. They propose to buy back Video Easy and Nests. Councillor Martin Some recommendations that are in house at the moment. One possible buy back



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Cate Wilson Consultants called it ‘northern square’. The whole centre of Thirroul is under attack. This part of Thirroul is just another nail in the coffin if they get it right it could make Thirroul look beautiful. We can’t ask the community, Council staff or elected Councillors to make a decision until all other studies have been done including the DCP. Elaine Treglown On the other side of the coin in the Application before you all information requested by Council has been submitted. It is imperative that the Application be determined as soon as possible. We have submitted information relating to acoustic, traffic, design and heritage - all the reports requested by Council. To wait until all other studies are complete would delay the proposal quite significantly. Geoff Hoynes Council could bond as part of the conditions Jill Merrin Bonding may not be sufficient – you have a maximum impact on traffic and every issue you can think of. Geoff Hoynes The nexus is that a development of this size does not warrant traffic lights. Street treatment is external to development – that could be bonded. Jill Merrin Trees – deep soil treatment is to provide drainage. Joe Davis RTA – unacceptable. Nicole Stevenson The RTA assess for what it is. Sean Prince You would be getting in excess of what is required. Councillor Martin Council will not be approving this before a formal response has been received from the Police and the RTA. Cate Wilson If the Police do not approve will Mr Comelli have to submit a new Development Application? Councillor Martin Change of use and there are different requirements.




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Geoff Hoynes Back and review change of use or is required modifications what we would look at car parking, Police Station to same use. Robyn Stanford There have never been 2 shops on that site ever. Jill Merrin I was surprised to hear Mr Comelli’s representative state the internal features of the theatre were no longer. I heard they had been removed by Mr Comelli. Elaine Treglown I made mention of the dress circles still there. At this stage of the meeting Mr Comelli had already left. Geoff Hoynes I think Mr Comelli may have taken cornices off so he can have them remoulded. Councillor Martin Where to from here? As soon as responses have been received from the RTA and the Police we should also get internal references back by then. Councillor Cartan and I to make decision as to whether we delay pending studies that are underway. Report will be written to Councillors in approximately 5 weeks and the matter will be before the Environment & Planning Committee and/or Council meetings in June. Meeting concluded at 7.20 pm.