Planning Proposal - Ku-ring-gai Council · 2016-07-14 · Planning Proposal . Planning Proposal to...

Planning Proposal

Planning Proposal to reclassify Council owned land at 8-10 Tryon Road and 3 & 5 Kochia Lane, Lindfield, from Community Land to

Operational Land via an amendment to the Ku-ring-gai Local Environmental Plan (Local Centres) 2012

July 2016

Prepared by Ku-ring-gai Council

Planning Proposal - Tryon Road and Kochia Lane, Lindfield – Revised Post Gateway

Table of Contents Executive Summary .............................................................................................................. 3

Project overview ................................................................................................................ 3

Reclassification of Land ..................................................................................................... 5

Land to which the Planning Proposal applies..................................................................... 6

8-10 Tryon Road & 3-5 Kochia Lane, Lindfield ............................................................... 6

Existing planning controls .................................................................................................. 7

Land Classification ......................................................................................................... 7

Ku-ring-gai Local Environmental Plan (Local Centres) 2012 .......................................... 8

Part 1 – Objectives ................................................................................................................ 8

Part 2 – Explanation of provisions ......................................................................................... 8

Explanation of the provisions ............................................................................................. 8

Part 3 - Justification .............................................................................................................. 9

Section A - Need for the Planning Proposal ....................................................................... 9

Q1. Is the planning proposal a result of any strategic study or report? ........................... 9

Q2. Is the planning proposal the best means of achieving the objectives or intended outcomes, or is there a better way? ............................................................................... 9

Section B - Relationship to the Strategic Planning Framework ........................................ 10

Q3. Is the planning proposal consistent with the objectives and actions of the applicable regional or sub-regional strategy (including the Sydney Metropolitan Strategy and exhibited draft strategies)? ........................................................................................... 10

Q4. Is the planning proposal consistent with a council’s local strategy or other local strategic plan? ............................................................................................................. 12

Q5. Is the planning proposal consistent with applicable State Environmental Planning Policies? ...................................................................................................................... 15

Q6. Is the planning proposal consistent with applicable Ministerial Directions (s.117 directions)? .................................................................................................................. 17

Section C – Environmental, social and economic impact ................................................. 19

Q7. Is there any likelihood that critical habitat or threatened species, population or ecological communities, or their habitats, will be adversely affected as a result of the proposal? ..................................................................................................................... 19

Q8. Are there any other likely environmental effects as a result of the planning proposal and how are they proposed to be managed? ............................................................... 19

Q9. Has the planning proposal adequately addressed any social and economic effects? .................................................................................................................................... 19

Planning Proposal - Tryon Road and Kochia Lane, Lindfield – Revised Post Gateway Page 1

Section D – State and Commonwealth Interests .............................................................. 20

Q10. Is there adequate public infrastructure for the planning proposal? ....................... 20

Q11. What are the views of state and Commonwealth public authorities consulted in accordance with the Gateway determination? .............................................................. 21

Part 4 – Mapping ................................................................................................................. 22

The subject land of the Planning Proposal ....................................................................... 22

Current land use zone(s) applying to the land under Ku-ring-gai LEP (Local Centres) 2012 ........................................................................................................................................ 23

Current development standards applying to the land under Ku-ring-gai LEP (Local Centres) 2012 .................................................................................................................. 24

Aerial Photograph ............................................................................................................ 26

Part 5 – Community Consultation ........................................................................................ 27

Proposed Community Consultation Strategy ................................................................... 27

Reclassification of Council Land ...................................................................................... 27

Is the planning proposal the result of any strategic study or report? ............................. 27

Is the planning proposal consistent with the local council’s community plan, or other local strategic plan? ..................................................................................................... 27

If the provision of the planning proposal include the extinguishment of any interests in the land, an explanation of the reasons why the interests are proposed to be extinguished ................................................................................................................. 28

The concurrence of the landowner, where the land is not owned by the relevant planning authority. ........................................................................................................ 28

Part 6 – Project Timeline ..................................................................................................... 28

Appendices Appendix A – Council Report 23rd June 2015

Appendix B – Council Resolution 23rd June 2015

Appendix C – Reclassification Checklist: Practice Note PN 09-003

Appendix D – Phase 1 Environmental Site Assessment

Appendix E – Preferred Design Concept – Lindfield Village Green

Appendix F – Title Search


Executive Summary

This Planning Proposal seeks to amend the Ku-ring-gai Local Environmental Plan (Local Centres) 2012 to achieve:

The reclassification of Tryon Road Carpark, Lindfield otherwise known as 8-10 Tryon Road and 3 & 5 Kochia Lane, Lindfield from community to operational land.

The Proposal supports the resolution of Council (23rd June 2015) to reclassify the council owned lots and extinguish any necessary interests on the land. The reclassification of the site to operational land will provide Council with greater flexibility to deal with any land use matters that may occur on the site resulting from the development of the Lindfield Village Green, such as potential commuter car parking by TFNSW and/or commercial operations

The Planning Proposal is in accordance with the objectives of A Plan for Growing Sydney, applicable State Environmental Planning Policies and Section 117 Directions as well as local strategic directions adopted by Ku-ring-gai Council. There are not considered to be any negative environmental, social or economic impacts arising as a result of the Planning Proposal.

Project overview

The Planning Proposal has been prepared in accordance with Section 55 of the Environmental Planning and Assessment Act 1979 (EP&A Act) and the relevant Department of Planning guidelines including A Guide to Preparing Local Environmental Plans and A Guide to Preparing Planning Proposals (the Guide) as well as the Planning Practice Note PN09-003 Classification and reclassification of public land through a local environmental plan.

The Planning Proposal seeks to amend the Ku-ring-gai Local Environmental Plan (Local Centres) 2012 as it applies to the following lands:

• 8-10 Tryon Road, Lindfield (Lot 2 and 3 DP 219628 & Lot 5 DP 219146) – reclassification of the land.

• 3 Kochia Lane, Lindfield (Lot 12 in DP 225925) – reclassification of the land • 5 Kochia Lane, Lindfield (Lot 31 in DP 804447) – reclassification of the land

At its meeting on 23 June 2015, Council resolved to adopt a preferred concept plan for the Lindfield Village Green. As a result, council also resolved that a Planning Proposal to reclassify the above lots from Community Land to Operational Land be prepared. This report is provided at Appendix A and the resolution at Appendix B.

The Lindfield Village Green project aims to convert an existing at-grade car park to a public open space incorporating 2 levels of basement car park. Following two years of planning and community engagement, Council adopted a concept design for the project in mid 2015which includes:

• Public open space approx. 2,700sqm; • Public car parking;

− approx. 20 spaces at grade, including accessible spaces; − approx. 80 basement car park under the public open space, within Council-

owned at (B1Level); and the possibility of approx. 100 public commuter spaces on a second basement (B2 Level);


• A kiosk (café) building including leasable floor space and public amenities; • Streetscape improvements to the surrounding streets and lanes; • Climate change adaptation initiatives; and • Integrated water management measures.

To deliver the project a portion of the unnamed lane (refer Figure 1) is to be integrated into the development. It is therefore considered vital that the road closure process remain predominantly within Council’s control and supervision.

The subject road is an un-named lane located within a broad expanse of asphalt known as the Tryon Road car park. Council owns the subject road as well as the land bordering it. Council readily acknowledges a need to provide alternative public access to the identified properties that are utilising the current road for secondary access. These are situated at 12 – 18 Tryon Rd. This alternative access will be laid out and constructed as an integral component of the redevelopment.

Figure 1. Area of unnamed lane subject to partial Road Closure

At its meeting on 21 April 2015, Council considered a report on the proposed closure of the unnamed lane on the eastern side of the Lindfield Local centre is to facilitate construction of the Lindfield Village Green. At which time Council resolved the following;

A. That Council proceed with the compulsory acquisition of the unnamed public road shaded in grey and marked as ‘Proposed partial road closure’ in Figure 1 of the report to the Council dated 21 April 2015 for the purpose of creating the Lindfield Village Green in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.

B. That Council make an application to the Minister and the Governor for approval to acquire the portion of the unnamed public road shaded in grey and marked as ‘Proposed partial road closure’ in Figure 1 of the report to the Council dated 21 April


2015 by compulsory process under section [186(1) and 187(1) of the Local Government Act 1993.

C. That for the purposes of section 30 of the Land Acquisition (Just Terms Compensation) Act 1991, the Council, as the owner of the road, agrees to the road being acquired for compensation in the amount of $1.00.

D. That the land is to be classified as Operational land.

E. Council requests the Minister for Local Government approve a reduction in the notification period from 90 days to 30 days.

The compulsory acquisition of a portion of the unnamed lane will result in the area acquired being classified as operational land. The reclassification of the portion of lane to operational land provides Council with greater flexibility to deal with land use matters that may occur on the site resulting from the development of the Lindfield Village Green in an integrated manner.

Reclassification of Land

Section 45 of the Local Government Act 1993 prevents Council from selling, exchanging or otherwise disposing of Community Land. In order to allow more flexibility in dealing with any land use matters (e.g. potential commuter car parking by TFNSW and/or commercial operations on the site – as part of the development of the Lindfield Village Green), it is prudent for Council to consider having the site reclassified to operational land status.

Note: this Planning Proposal refers to various terms that are defined in the Department of Planning and Environment’s Practice Note PN09-003 Classification and reclassification of public land through a local environmental plan:

‘Public land’ is any land (including a public reserve) vested in, or under the control of, council. Exceptions include roads, land to which the Crown Lands Act 1989 applies, a common, or land to which the Trustees of Schools of Arts Enabling Act 1902 applies.

‘Community’ land is generally open to the public, for example, parks, reserves or sports rounds.

‘Operational’ land may be used for other purposes, for example, as works depots or garages, or held by council as a temporary asset.

‘Classification’ of public land refers to the process when this land is first acquired and first classified as either ‘operational’ land or ‘community’ land.

‘Reclassification’ of public land refers to the process of changing the classification of ‘operational’ land to ‘community’ land or from ‘community’ land to ‘operational’ land.

What is Community Classified Land?

Community Classified Land is a land classification that prohibits Council to sell, exchange or grant an interest to another party other than in accordance with the provisions of the Local Government Act 1993.


What is Operational Classified Land?

Operational Classified Land is a land classification that permits Council to sell, exchange or grant an interest to another party other than in accordance with the provisions of the Local Government Act 1993.

Refer to Appendix C for NSW Planning Reclassification of public land through a Local Environmental Plan Checklist based on Practice Note PN09-003 Classification and reclassification of public land through a local environmental plan

Land to which the Planning Proposal applies The location and base descriptions appear below. Additional maps including zoning and development controls appear in Part 4 – Mapping.

8-10 Tryon Road & 3-5 Kochia Lane, Lindfield

Figure 2 : Aerial Photograph and Sketch Map – 8-10 Tryon Road & 3-5 Kochia Lane, Lindfield

Description and Use

The site is comprised of five (5) allotments – Lot 2 and 3 DP 219628, Lot 5 DP219146, Lot 12 DP 225925 and Lot 31 DP 804447 and form a total site area of 3,352m². The site has frontages of approximately 45 metres to Tryon Road (south-east), 61m to Chapman Lane (south-west), 16m to Milray Street (north-east) and 121m to the Kochia Lane (north-west) and is currently utilised for public car parking. Collectively, the five lots are known as “Tryon Road Carpark”.

The council owned lands are situated on the eastern side of the Lindfield Train Station and Pacific Highway with a vehicular entrance at Tryon Road – the southern corner of the carpark. The collective Tryon Road carpark is a battle-axe shape and is in the vicinity of a number of existing buildings including:

1. The heritage listed (KLEP Local Centres 2012) commercial block at 1-21 Lindfield Avenue, Lindfield.

2. Recently erected apartment buildings situated at 2-6 Milray Street and 8 Kochia Lane, Lindfield.


3. Commercial offices situated at 2 Kochia Lane, Lindfield. 4. Three storey commercial building at 12-18 Tryon Road, Lindfield.

A search of Council records indicates the following:

• 8 Tryon Road (Lots 2 & 3 DP219628) was purchased in 1966 using a Lindfield car parking fund for the purposes of car parking.

• 10 Tryon Road (Lot 5 DP219146) was purchased in 1982 using Lindfield car parking fund for the purposes of car parking.

• 3 Kochia Lane (Lot 12 DP225925) was part resumed (compulsorily acquired) and part purchased in 1964/1965 using Lindfield car parking fund in for the purposes of providing, controlling and managing a site for the accommodation of vehicles in or near a public road and car parking.

• 5 Kochia Lane (Lot 31 DP804447) was dedicated, free of cost, to Council in 1990 as a condition of consent for Development Application No. 1515/87 for the construction of the existing three storey commercial building at 12-18 Tryon Road, Lindfield. At the time of dedication and transfer to Council, the site was a Reservation for Special Uses – (Car parking) under the Ku-ring-gai Planning Scheme Ordinance 1971. The Reservation applying to the land was removed in 1992 via LEP 100, which rezoned the site to 3(b) - Business – Commercial Services.

The council owned lands are currently used for car parking purposes. There are no easements or restrictions registered on the current Certificate of Title. Refer to Appendix F for title searches. However, although not registered on the title, Lot 31 DP804447 (5 Kochia Lane Lindfield) is deemed to be held by Council in trust for a public purpose; being as a public car park. In order for Council to proceed with its objectives for the Lindfield Village Green, this planning proposal seeks to extinguish the trust applying to Lot 31 DP804447 (5 Kochia Lane Lindfield).

Existing planning controls

Land Classification The council owned sites are currently classified as Community Land under the Local Government Act 1993. Section 45 of that Act prevents Council from selling, exchanging or otherwise disposing of Community classified land. Records indicate that Ku-ring-gai Council acquired the subject lands between 1964 and 1990 through the dedication of land and purchase through a Lindfield car parking fund. The land has been community classified since it came into Council ownership over this period. Available Council records indicate that 5 Kochia Lane was dedicated to Council in 1990 for the purposes of public car parking - as a condition of consent for Development Application No. 1515/87 – the construction of the existing three storey commercial building at 12-18 Tryon Road, Lindfield. Since the Land has continued to be used for public car parking then the land remains subject to that trust.

There is no evidence of any lands being dedicated in accordance with a condition imposed under Section 94 of the EP&A Act.


Ku-ring-gai Local Environmental Plan (Local Centres) 2012

The following table shows the relevant planning controls that apply to the subject sites:

8 - 10 Tryon Road 3 Kochia Lane 5 Kochia Lane

Zoning B2 Local Centre B2 Local Centre B2 Local Centre

Floor Space Ratio (FSR)

Maximum FSR of 2.0:1



Height of Building Maximum Height of Building – 11.5m on land

Maximum Height of Building – 11.5m on land

Maximum Height of Building – 11.5m on land

Lot Size There are no lot size restrictions applying to the site. Heritage Listing Not Listed. Bushfire Prone Land

Not recorded as Bushfire Prone on the Bushfire Prone Land Map.

Riparian Land Not shown as affected on the Natural Resource Riparian Lands Maps.

Biodiversity Not shown as affected on the Natural Resource Biodiversity Maps.

Part 1 – Objectives This objective of this Planning Proposal seeks to reclassify the Tryon Road Carpark, Lindfield otherwise known as 8-10 Tryon Road and 3 & 5 Kochia Lane, Lindfield from community land to operational land and extinguish any necessary interests on the land including the trust for public purpose applying Lot 31 DP804447 (5 Kochia Lane Lindfield).

The reclassification of the site to operational land and the extinguishment of the public trust applying to 5 Kochia Lane will provide Council with greater flexibility to deal with any land use matters that may occur on the site resulting from the development of the Lindfield Village Green, such as potential commuter car parking by TFNSW and/or commercial operations

Part 2 – Explanation of provisions

Explanation of the provisions This Planning Proposal seeks to amend the Ku-ring-gai LEP (Local Centres) 2012 by:

Inserting the following matter in Part 2 of Schedule 4 – Classification and Reclassification of Public Land:

Column 1 Column 2 Column 3 Locality Description Any trusts etc. not

discharged Lindfield Lot 2 and 3 DP 219628 & Lot 5

DP 219146, 8-10 Tryon Road nil

Lindfield Lot 12 in DP 225925, 3 Kochia Lane

nil


Lindfield Lot 31 in DP 804447, 5 Kochia Lane

nil

Part 3 - Justification This section sets out the reasons for the proposed outcomes and development standards in the Planning Proposal.

The following questions are set out in the Department of Planning’s A Guide to Preparing Planning Proposals and address the need for the planning proposal, its strategic planning context, the environmental, social and economic impacts and the implications for State and Commonwealth government agencies.

Section A - Need for the Planning Proposal

Q1. Is the planning proposal a result of any strategic study or report?

Yes. At its meeting on 23rd June 2015, Council considered a report on the preferred concept design for the Lindfield Village Green. As a result of that report, Council resolved to prepare a Planning Proposal to reclassify 8-10 Tryon Road (Lot 2, 3 DP219628 and Lot 5 DP219146) 3 Kochia Lane (Lot 12 DP 225925), and 5 Kochia Lane (Lot 31 DP804447) from Community Land to Operational Land.

As outlined in the Ku-ring-gai Council Meeting Report (Item GB.5) of 23rd June 2015:

“In order to allow more flexibility in dealing with any land use matters (e.g. potential commuter car parking by TFNSW and/or commercial operations on the site), it is prudent for Council to consider having the site reclassified to operational land status. Reclassification would also assist with any potential land titling issues and provides flexibility for Council with longer leasing arrangements and could avoid any unnecessary time delays. If Council adopts the preferred option then, it is considered the process for reclassification should be relatively straightforward as there is certainty for the community in Council’s long term vision for the site as a village green, car parking and a café space.”

Additionally, at its meeting on 10th December 2013, (GB.19) Council resolved:

“B. That Council continues to actively investigate the potential to provide some of the commuter car parking proposed by Transport for NSW under the proposed Lindfield Village Green.”

The reclassification of the lots to operational land will provide council with greater flexibility to provide future commercial operations and continue to actively investigate the potential future commuter car parking.

Q2. Is the planning proposal the best means of achieving the objectives or intended outcomes, or is there a better way? Yes. The sites are currently classified as community land and therefore, Council is not able


to develop, sell, exchange or dispose of the land under the provisions of the Local Government Act 1993. Section 27(1) of the Local Government Act 1993 requires that the reclassification of public land be made by a local environmental plan.

A planning proposal for the site is therefore considered appropriate.

Section B - Relationship to the Strategic Planning Framework

Q3. Is the planning proposal consistent with the objectives and actions of the applicable regional or sub-regional strategy (including the Sydney Metropolitan Strategy and exhibited draft strategies)?

Yes. This Planning Proposal is consistent with the applicable regional and subregional strategies as detailed below.

A Plan for Growing Sydney

The NSW Government’s A Plan for Growing Sydney sets the framework for the delivery of the Government’s vision for Sydney: ‘a strong global city, a great place to live’. The Plan is built around achieving four (4) key goals:

1. A competitive economy with world class services and transport, 2. A city of housing choice with homes that meet our needs and lifestyles, 3. A great place to live with communities that are strong, healthy and well connected 4. A sustainable and resilient city that protects the natural environment and has a

balanced approach to the use of land and resources.

Each goal sets out a number of key directions and actions that are aimed at achieving these goals. The planning proposal is consistent with the following actions and directions of A Plan for Growing Sydney:

Direction 3.1 – Revitalise existing suburbs.

The reclassification will facilitate the development of a high quality public space including grassed areas, new cafes and commuter car parking in an area that is experiencing considerable population growth and adjoining high density residential developments. The reclassification will allow greater flexibility around the future land use matters and commercial operations, providing the local community with a much needed community asset that is in close proximity to existing amenities and the Lindfield Train Station.

Action 3.1.1: Support urban renewal by directing local infrastructure to centres where there is growth.

In this regard, the proposed reclassification will enable Ku-ring-gai Council to enhance the amenity of the local centre through a range of potential new infrastructure projects and community facilities. The reclassification will allow for greater accessibility and commuter car parking so that transport links can be improved. Proposals for the future of the lands will allow greater opportunity for commercial leasing attracting new businesses to the Lindfield local centre.


Direction 3.2 – Create a network of interlinked, multi-purpose open and green spaces across Sydney.

The reclassification of these council owned lands will promote a healthier urban environment, improve community access to recreation and exercise, encourage social interaction, support active transport connections to centres and public transport, and improve the city’s environmental resilience.

Direction 3.3 – Create healthy built environments.

The Planning Proposal will encourage a healthy community by creating a mixed-use precinct that can support physical activity and connect and strengthen communities. Furthermore, the planning proposal allows for future built environment that can encourage healthy communities by:

• Creating an attractive public space within a mixed-use centre that provides a convenient focus for daily activities;

• providing facilities such as bike lockers at rail stations to make it easier to walk or cycle to public transport and local centres;

• creating attractive public spaces and improving the quality of the public domain through better design, including landscaping, lighting and traffic calming measures in high pedestrian areas; and

• linking open spaces to encourage recreational walking and cycling, and support cross-regional trips to centres and other destinations.

Specifically, the proposed reclassification will facilitate the integration of land use and transport to encourage active modes of travel, such as walking and cycling, and will provide a public space that is safe, clean and attractive and of which, will encourage social interaction.

Ku-ring-gai Council continues to actively investigate the potential to provide some of the commuter car parking proposed by Transport for NSW under the proposed Lindfield Village Green. Delivering transport improvements, including public transport, traffic management and car parking will improve the business environment of strategic centres.

District plans that set out how community needs such as housing, jobs, public spaces, community facilities, transport options, schools and hospitals will apply to local areas, are yet to be finalised. However, A Plan for Growing Sydney highlights the priorities and objectives that are contained within the future district plans. The council owned land under this planning proposal is situated in the North District and sits within the rail line corridor that has been identified for accelerated urban renewal. The reclassification of these lands will enable council to deliver community facilities such as open space/ recreational spaces that support the rapid growth of local residential development and subsequent population increases along this corridor.


http://www.strategy.planning.nsw.gov.au/sydney/the-plan/

Q4. Is the planning proposal consistent with a council’s local strategy or other local strategic plan?

Ku-ring-gai Council Community Strategic Plan 2030

Yes. The Planning Proposal is consistent with the Ku-ring-gai Council Community Strategic Plan 2030, which includes references to implementing planning objectives for the local centres.

The Ku-ring-gai Council Community Strategic Plan is based around the following six principle themes:

• Community, People and Culture • Natural environment • Places, Spaces and Infrastructure • Access, Traffic and Transport • Local Economy and Employment • Leadership and Governance

Community, People and Culture

Under this principle, the proposed reclassification will assist Council in creating a healthy, safe, and diverse community that respects our history, and celebrates our differences in a vibrant culture of learning. Specifically, the planning proposal is consistent with Council’s long term objective “C4.1 A community that embraces healthier lifestyle choices and practices”. The proposed reclassification will allow Council fulfil its term achievement – New and enhanced open space and recreational facilities have been delivered to increase community use and enjoyment. Places, Spaces and Infrastructure

The Planning Proposal is consistent with Council’s long term objective P8.1 – An improved standard of infrastructure that meets the community’s service level standards and Council’s obligations as the custodian of our community assets. Under this principle, the proposed reclassification will assist council in its goal to provide a range of well planned, clean and safe neighbourhoods and public spaces designed with a strong sense of identity and place. The proposed reclassification will allow greater flexibility in the delivery of future land use operations that may occur such as increased commuter car parking and retail space – thereby increasing the availability of community assets and facilities. Access, Traffic and Transport

The Planning Proposal is consistent with Council’s long term objective - T1.1 A range of integrated transport choices are available to enable effective movement to, from and around Ku-ring-gai.


Under this principle, the proposed reclassification will ensure that access and connection to, from and within Ku-ring-gai is safe, reliable and affordable. The Planning Proposal will provide Council with greater flexibility in dealing with any land use matters such as potential commuter car parking by TFNSW – thereby improving accessibility in and out of Lindfield via public transport. Local Economy and Employment

The Planning Proposal is consistent with Council’s long term objective E1.1 – Ku-ring-gai is an attractive location for business investment. Under this principle, the proposed reclassification will enable council to create economic employment opportunities through vital, attractive centres, business innovation and technology. The reclassification will ensure that council can, with greater ease, provide new commercial opportunities that will lead to increased employment opportunities. The proposed reclassification will allow for new retail and commercial opportunities that will lead to a strengthening of our local and neighbourhood centres to promote small and medium businesses in Ku-ring-gai. Leadership and Governance

The Planning Proposal is consistent with Council’s long term objective L4.1 – The community is informed and engaged in decision-making processes for community outcomes. Under this principle, the proposed reclassification will allow Ku-ring-gai to be well led, managed and supported by ethical organisations which deliver projects and services to the community by listening, advocating and responding to their needs. As highlighted in Part 5 Community Consultation, Council is committed to undertaking an extensive consultation and community engagement program in accordance relevant Department of Planning guidelines including A Guide to Preparing Local Environmental Plans and A Guide to Preparing Planning Proposals (the Guide).

Ku-ring-gai Community Facilities Strategy 2014

The Ku-ring-gai Community Facilities Strategy concluded that existing facilities on the whole are inadequate to meet the needs of the existing population and will be unable to absorb growing numbers of users, or respond to changing population interests and needs, without redevelopment, expansion and the construction of additional facilities. As such, the planning proposal is consistent with the Draft Ku-ring-gai Community Facilities Strategy as it will enable Council to provide new community facilities and deliver improvements on existing infrastructure.

Lindfield Community Facilities Study 2014

Consultants were engaged in May 2014 to prepare the Lindfield Community Facilities Study, which sought to determine a successful network of community facilities across the Lindfield catchment in line with the principles proposed in the Ku-ring-gai Community Facilities Strategy 2014. A draft Study has been completed.

The draft Study identified that the Tryon Road Carpark has the opportunity to contribute to the public domain and sense of place and that Lindfield would benefit greatly from a community focal point and gathering space, provided either to the east or west of the pacific


highway. As such, the proposed reclassification is considered to be consistent with the Draft Lindfield Community Facilities Study.

Ku-ring-gai Local Centres Development Control Plan

The development objectives of the area are expressed in the Ku-ring-gai Local Centres DCP in “14E.1: Local Centre Urban Precincts, namely:

1. To create distinct commercial precincts that provide a range of services, facilities and experiences.

2. To create vibrant commercial areas with distinctive and memorable characters. 3. To provide opportunities for new speciality retail, cafes and restaurants to be located

away from the highway. 4. To establish a new mixed use precinct on the eastern side of Lindfield focused

around a new urban park. 5. To establish a new mixed use precinct on the western side of Lindfield focused

around a community hub and a new urban. 6. To encourage restaurants, cafes and outdoor dining and offices fronting the rear

lanes to contribute to increased activity and passive surveillance. 7. To provide opportunities for new supermarkets to support and anchor the centre. 8. To promote ease of circulation and connectivity between the railway station and the local

centre.

The proposed reclassification will allow for the delivery of the various objectives identified within Precinct 14E.1. Reclassification of the land will allow for a range of future land uses and commercial operations.

The planning proposal is also consistent with the Planned Future Character for Precinct L4 –Lindfield Avenue Retail Area and Village Green:

i) In the future the precinct will provide an improved retail centre with a larger supermarket and speciality retail, offices, as well as shop top housing.

ii) This area will have a strong community focus with a new public park.

iii) Public car parking will be provided in a basement under the Village Green.

iv) The heritage listed shops at 1-21 Lindfield Avenue will be protected as an example of

an Inter War Mediterranean style commercial building. Sensitive redevelopment at the rear of the existing heritage building will replace the existing Chapman Lane garages and alterations with new retail uses that contribute to the success and vibrancy of the Village Green; for example, cafes and restaurants that address and open onto Chapman Lane.

The proposed reclassification will allow for the delivery of the various precinct upgrades identified within Precinct L4. Council is currently engaged in an ongoing negotiation with Transport for NSW to provide additional commuter car parking on the subject site.

The Ku-ring-gai Town Centres Parking Management Plan 2010

The Ku-ring-gai Town Centres Parking Management Plan (adopted 2010) considers parking strategies in each of the 6 local centres in more detail, particularly in relation to land


uses/redevelopment, long/short term parking and parking for other modes of transport. Consideration is also given to ways of managing the potential redevelopment of Council car parks, and to minimise the impact due to the temporary loss of parking.

Council has a number of public car parks in the local centres, with most spaces typically having 2 hour parking restrictions to ensure turnover while providing shopper convenience. Shorter term parking (1/2 or 1 hour) is usually located on the kerbside, and is intended for much shorter stay and quick access. Other privately owned but publicly available parking sites have notional time limits, including 3 hour limits.

Like most Council public car parks, the Tryon Road car park exists due to the surrounding older type strip shops/offices in the centres generally not being able to provide parking on-site to service their needs and those of their customers. However, as redevelopment of the local centres occurs, new on-site parking will be required to cater for the parking needs of each development site. As this on-site provision increases, the role and importance of large at-grade Council car parks would be slowly diminished

This situation is occurring on the eastern side of Lindfield, where a series of strip shops (and other sites) on Lindfield Avenue (with limited on-site parking) are being redeveloped, and will provide for their own parking needs on site. Previously, these sites were heavily reliant on Council’s at-grade parking off Tryon Road, and on-street parking, for their customer’s needs. Refer to Q.10 below for specific details on the future provision of car parking spaces on the site.

Q5. Is the planning proposal consistent with applicable State Environmental Planning Policies?

Yes. The State Environmental Planning Policies (SEPPs) that are directly relevant to the Planning Proposal are detailed and reviewed below.

In summary, it is considered that the Planning Proposal for reclassification of the Council owned sites is not inconsistent with any of the SEPPs. However, further compliance and consistency with the SEPPs will need to be considered during the assessment of any future development application involving the subject sites.

The following is a discussion of those SEPPs that apply to this Planning Proposal.

State Environmental Planning Policy (Infrastructure) 2007

The key objective of the Policy is to assist in facilitating the delivery of infrastructure by introducing consistent planning regime, which provides greater certainty regarding the planning provisions applying to infrastructure projects across NSW.

This Planning Proposal does not contradict or repeat any provision within the Policy. Any future development within the subject sites will need to be in accordance with the provisions of the Policy.

Based on the above, the Planning Proposal is consistent with this SEPP.


State Environmental Planning Policy No. 19 – Bushland in Urban Areas

The key objective of this SEPP is to protect and preserve bushland within urban areas due to its value to the community, its aesthetic value and its value as a recreational, educational and scientific resource. The Policy is designed to protect bushland in public open space zones and reservations, and to ensure that bush preservation is given a high priority when local environmental plans for urban development are prepared.

The Council owned lots are predominantly hard paved public car parks with some trees located throughout. This Planning Proposal is considered to be consistent with the objectives of this Policy as future plans aim to preserve existing trees and embellish the green space around them. Council has adopted a preferred design concept for a Village Green which includes the future embellishment of the existing Tryon Road Car Park including streetscape improvements that would allow for further tree plantings. Therefore it is considered that the planning proposal is consistent with this SEPP.

State Environmental Planning Policy No. 32 – Urban Consolidation

This SEPP focuses on the redevelopment of urban land that is no longer required for the purpose it is currently zoned or used, and encourages local councils to pursue their own urban consolidation strategies to help implement the aims and objectives of the Policy.

The Planning Proposal is consistent with the provisions of this SEPP as it facilitates urban consolidation which will promote the social and economic welfare of the State and a better environment by enabling increased opportunities for people to live in a locality which is close to employment, leisure and other opportunities.

State Environmental Planning Policy No. 55 – Remediation of Land

This SEPP introduces planning controls for the remediation of contaminated land. The Policy states that land must not be developed if contamination renders it unsuitable for a proposed use. If the land is unsuitable, remediation must take place before the land is developed.

A Phase One (1) Environmental Site Assessment has been undertaken for all of the subject sites. A copy of the Environmental Site Assessment is attached at Appendix D. Based on a review of the available desktop search data, observations made during the site walkover, and the proposed land use scenario (one or two basement levels of car parking across the site, with village green and commercial above the basement), SLR makes the following conclusions:

• The potential for unacceptable concentrations of contamination (with respect to human health) to be present in soils on the site, is considered to be low to negligible;

• The site is considered suitable (from a contamination perspective) for the proposed redevelopment land use scenario;

Based on the above, this Planning Proposal is consistent with the provisions of this SEPP.


Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

This deemed SEPP provides zoning and development controls for land surrounding the harbour and the waterways (including the wider catchment) for the protection of the environment, vistas and function of the harbour.

The Planning Proposal is consistent with the deemed SEPP as it does not contradict or repeat any provision within the Policy. Any future development within the subject sites will need to be in accordance with the provisions of the Policy.

Q6. Is the planning proposal consistent with applicable Ministerial Directions (s.117 directions)?

The Section 117 Directions that are relevant to the Planning Proposal have been detailed below.

Applicable s117 Direction Consistency of the Planning Proposal and Comments

1. Employment and Resources 1.1 Business and Industrial Zones Objectives The objectives of this direction are to: Encourage employment growth in suitable locations, protect employment land in business and industrial zones, and support the viability of identified strategic centres.

Consistent. The objectives of the planning proposal are to provide greater flexibility around future land use matters such as commuter car parking and future commercial transactions. As such, it is considered that the planning proposal will encourage employment growth within the Local Centre. The planning proposal will enable council to facilitate an optimal arrangement of retail, commercial, community and open space uses.

2. Environment and Heritage 2.3 Heritage Conservation Objective The objective of this direction is to conserve items, areas, objects and places of environmental heritage significance and indigenous heritage significance.

Consistent. In summary, the purpose of this Direction is to conserve items, areas, objects and places of environmental heritage significance and indigenous heritage significance. The subject sites do not contain any items, areas, objects and places of environmental heritage significance and indigenous heritage significance. The heritage items nearest to the subject sites are: The commercial block that fronts Lindfield Avenue and rear adjoins Chapman Lane (1-21 Lindfield Avenue, Lots 1-10 DP 17409). This is listed as an item of local heritage significance under Schedule 5 of the Local Centres LEP 2012 (Item No. I41). St Alban’s Anglican Church (1-5 Lindfield Avenue, Lot 1 DP 501299). This is listed as an item of local heritage significance under Schedule 5 of the Local Centres (Item No. I55). The Planning Proposal will not affect these current listings. Any future development of the sites will need to address any potential impacts on the existing heritage items.

3. Housing, Infrastructure and Urban Development 3.4 Integrating Land Use and Transport Objective The objective of this direction is to ensure that urban structures, building forms, land use locations, development designs, subdivision and street layouts achieve the following planning objectives: improving access to housing, jobs and services by walking, cycling and public transport, and increasing the choice of available transport and reducing dependence on cars, and reducing travel demand including the number of trips generated by

Consistent. The planning proposal will facilitate a suite of traffic improvements, increased commuter car parking facilities, and pedestrian access improvements to the Lindfield Train Station and other areas of the Lindfield Local Centre. To further the objectives, the planning proposal will enable council to improving access to current and future housing, jobs and services by walking, cycling and public transport.


development and the distances travelled, especially by car, and supporting the efficient and viable operation of public transport services, and providing for the efficient movement of freight.

4. Hazard and Risk 4.1 Acid Sulfate Soils Objective The objective of this direction is to avoid significant adverse environmental impacts from the use of land that has a probability of containing acid sulfate soils.

Consistent. The KLEP (Local Centres) 2012 does not include any acid sulphate soil maps indicating an absence of acid sulphate soils in the centres, and including the subject site.

4. Hazard and Risk 4.3 Flood Prone Land Objectives The objectives of this direction are: to ensure that development of flood prone land is consistent with the NSW Government’s Flood Prone Land Policy and the principles of the Floodplain Development Manual 2005, and to ensure that the provisions of an LEP on flood prone land is commensurate with flood hazard and includes consideration of the potential flood impacts both on and off the subject land.

Consistent. The site is not flood prone land.

4. Hazard and Risk 4.4 Planning for Bushfire Protection Objectives The objectives of this direction are: to protect life, property and the environment from bush fire hazards, by discouraging the establishment of incompatible land uses in bush fire prone areas, and to encourage sound management of bush fire prone areas.

Consistent. The site does not contain bush fire prone land.

6. Local Plan Making 6.1 Approval and Referral Requirements Objective The objective of this direction is to ensure that LEP provisions encourage the efficient and appropriate assessment of development.

Consistent. This Planning Proposal does not propose to include additional provisions in the Local Centres LEP that require the concurrence, consultation or referral to a Minister or public authority. It is therefore, consistent with this Direction. Despite the above, due to the sites proximity to the Pacific Highway and the North Shore Rail Corridor, future DAs may require the concurrence of, consultation with or referral to the RMS and RailCorp (Sydney Trains) respectively.

6. Local Plan Making 6.2 Reserving Land for Public Purposes Objectives The objectives of this direction are: to facilitate the provision of public services and facilities by reserving land for public purposes, and to facilitate the removal of reservations of land for public purposes where the land is no longer required for acquisition.

Consistent. Council owns the subject site – there is no reservation of land for a public purpose under this planning proposal.

6. Local Plan Making 6.3 Site Specific Provisions Objective The objective of this direction is to discourage unnecessarily restrictive site specific planning controls.

Consistent. No site specific planning controls will be introduced by this planning proposal.

7. Metropolitan Planning 7.1 Implementation of the Metropolitan Plan for Sydney 2036 Objective The objective of this direction is to give legal effect to the vision, transport and land use strategy, policies, outcomes and actions contained in the Metropolitan Plan for Sydney 2036.

Consistent. Since this Direction was made the State Government has adopted A Plan for Growing Sydney as the new metropolitan plan to replace Metropolitan Plan for Sydney 2036. The Plan for Growing Sydney sets the framework for the delivery of the Government’s vision for Sydney: ‘a strong global city, a great place to live’. A key goal of the Plan is to create more vibrant places and revitalised suburbs where people want to live – welcoming places and centres with character and vibrancy that offer a sense of


community and belonging. This Planning Proposal is considered to be consistent with the key goals of the Plan as it will facilitate the future development of the Linfield Village Green, as well as providing greater flexibility around the leasing of new commercial floorspace, commuter car parking, and pedestrian and road improvements.

Section C – Environmental, social and economic impact

Q7. Is there any likelihood that critical habitat or threatened species, population or ecological communities, or their habitats, will be adversely affected as a result of the proposal?

The subject site is predominantly a hard paved public car park containing minimal vegetation and no remnant vegetation. There are no areas of biodiversity significance.

There are no likely impacts on threatened species or ecological communities that would preclude the reclassification of the subject sites.

Q8. Are there any other likely environmental effects as a result of the planning proposal and how are they proposed to be managed?

The intent of the proposed reclassification is to provide Council more flexibility in dealing with any land use matters such as potential commuter car parking by TFNSW and/or commercial operations on the site.

The subject site is predominantly a hard paved public car park so environmental impacts will be minimal. In any event, a reclassification would allow Council the flexibility to make improvements that would support future commercial. These improvements could include:

• Streetscape improvements, village green, landscaping and additional tree planting. • Café/ restaurant operating as a commercial premises.

Q9. Has the planning proposal adequately addressed any social and economic effects?

Social Effects

The reclassification of the sites will have social benefits for the Lindfield community.

Collectively, the council owned lands at Tryon Road and Kochia Lane, once reclassified to operational land, have the potential to provide new commercial opportunities that will provide a high level of social and health benefits to the community. The opportunity cost to Council by not proceeding with the proposed reclassification is that future commercial transactions and public domain upgrades could face lengthy delays and may not be delivered for many years, if at all.

Economic Effects

The reclassification of the sites will have economic benefits for both the Lindfield local community and Council.


The reclassification of the council owned lands will allow for a range of potential economic benefits to be achieved. Such benefits may include the following:

• Activation and re-invigoration of a declining commercial centre. • Generation of local employment and investment. • Potential nearby development leading to further contribution funds. • Potential increase in value of the Council’s assets. • Potential gain in actual or prospective revenue through leasing of new commercial

space. • Reduced maintenance of new building assets

Section D – State and Commonwealth Interests

Q10. Is there adequate public infrastructure for the planning proposal?

The subject site is situated within the North Shore Rail Corridor that is earmarked for urban renewal. The council owned lands are located in close proximity to Lindfield train station, existing shopping facilities, and the proposed reclassification will provide Council with greater flexibility to plan for improved public transport accessibility, pedestrian improvement upgrades, and long stay commuter carparking facilities.

The existing Tryon Road at-grade car park provides 138 short term spaces, and the proposal for this site is to provide 100 short term spaces (20 at-grade, and 80 underground). Following redevelopment of 23-41 Lindfield Avenue (Aqualand site) and 43 Lindfield Avenue (Lindfield Markets site), these will respectively provide 62 and 41 short term car parking spaces to cater for their own needs. Factoring the removal of the former Havilah Lane car park (25 spaces), there would still be a net increase of approximately 40 spaces in the precinct following redevelopment of the 2 Lindfield Avenue sites This is summarised in the table below:

Reductions Increases

Site Quantity Site Quantity

Tryon Road car park /Lindfield Village Green site

-38 23-41 Lindfield Avenue (Aqualand site)

62

Former Havilah Lane car park site

-25 43 Lindfield Avenue (Lindfield Markets site)

41

Total reduction -63 Total increase 103

For shorter stays, it is envisaged that the bulk of on-street parking would be retained, with new roads and public domain improvements offering the opportunity to increase on-street parking. Depending on demand, it may be necessary to extend the times that period parking


operates in key streets (and car parks) on weekends to ensure adequate turnover on Saturdays and Sundays.

Q11. What are the views of state and Commonwealth public authorities consulted in accordance with the Gateway determination?

The Gateway Determination requires consultation with the following public authorities under section 56(2)(d) of the Environmental Planning and Assessment Act 1979:

Energy Australia Transport for New South Wales – Roads and Maritime Services Transport for NSW Sydney Water

These Public Authorities will be consulted concurrently with the public exhibition of this Planning Proposal.


Part 4 – Mapping

The subject land of the Planning Proposal Location of 8-10 Tryon Road & 3-5 Kochia Lane, Lindfield

Figure: Location


Current land use zone(s) applying to the land under Ku-ring-gai LEP (Local Centres) 2012 Current Land Use Zoning of 8-10 Tryon Road & 3-5 Kochia Lane, Lindfield under the KLEP (Local Centres) 2012

Figure: Land Zoning Map – Ku-ring-gai LEP (Local Centres) 2012


Current development standards applying to the land under Ku-ring-gai LEP (Local Centres) 2012 Current FSR of 8-10 Tryon Road & 3-5 Kochia Lane, Lindfield under the KLEP (Local Centres) 2012

Figure: Floor Space Ratio Map – Ku-ring-gai LEP (Local Centres) 2012


Current Building Height of 8-10 Tryon Road & 3-5 Kochia Lane, Lindfield under the KLEP (Local Centres) 2012

Figure: Height of Building Map – Ku-ring-gai LEP (Local Centres) 2012


Aerial Photograph Aerial photo of 8-10 Tryon Road & 3-5 Kochia Lane, Lindfield

Figure: Aerial Photograph


Part 5 – Community Consultation

Proposed Community Consultation Strategy Community consultation on the Planning Proposal will be undertaken by Council in accordance with the Department of Planning’s guidelines, including ‘A Guide to Preparing Local Environmental Plans’ and ‘A Guide to Preparing Planning Proposals’.

Council’s consultation methodology will include, but not be limited to:

Forwarding a copy of the Planning Proposal, the Gateway Determination and any relevant supporting studies or additional information to State and Commonwealth public authorities identified in the Gateway Determination.

Undertaking consultation as required in accordance with requirements of a Ministerial Direction under Section 117 of the EP&A Act and/or consultation that is required because, in the opinion of the Minister (or delegate), a State or Commonwealth public authority will be or may be adversely affected by the proposal.

Giving notice of the public exhibition in the main local newspaper (The North Shore Times).

Exhibiting the Planning Proposal in accordance with the Gateway Determination. It is assumed this would require an exhibition period of at least 28 days duration.

Exhibiting the Planning Proposal pursuant to Section 57 and the supporting documentation at Council’s Administration Centre and on Council’s website.

Notifying the Planning Proposal’s exhibition on Councils’ website, including providing copies of the Planning Proposal, all supporting studies and additional information and the Gateway Determination.

Notifying affected landowners and adjoining landowners where relevant. Holding a Public Hearing – chaired by an independent chairperson. Any other consultation methods deemed appropriate for the Proposal.

Reclassification of Council Land Pursuant to Section 55(3) of the Act, the Director-General may issue requirements with respect to the preparation of a planning proposal. In this regard, the Department of Planning Guideline A Guide to Preparing Local Environmental Plans sets out the Director-General’s requirements regarding the matters that must be addressed in the justification of all planning proposals to reclassify public land.

These requirements are addressed below:

Is the planning proposal the result of any strategic study or report?

Yes. At its meeting on 23rd June 2015, Council resolved to prepare a Planning Proposal to reclassify 8-10 Tryon Road (Lot 2, 3 DP219628 and Lot 5 DP219146) 3 Kochia Lane (Lot 12 DP 225925), and 5 Kochia Lane (Lot 31 DP804447) from Community Land to Operational Land.

Is the planning proposal consistent with the local council’s community plan, or other local strategic plan?

Yes. As detailed at Part 3 Section B, this Planning Proposal is considered to be consistent with the Ku-ring-gai Council Community Strategic Plan 2030.


If the provision of the planning proposal include the extinguishment of any interests in the land, an explanation of the reasons why the interests are proposed to be extinguished

At the Ordinary Meeting held on 23rd June 2015, Council resolved to formally seek to discharge all interests in these properties. Based on information provided by Council and certificates of title for the lots, there are no other notifications or restrictions over the land.

It is noted that 5 Kochia Lane (Lot 31 DP804447) was dedicated, free of cost, to Council for the purpose of public car parking in 1990 as a condition of consent for the construction of the existing commercial building at 12-18 Tryon Road, Lindfield. At the time of dedication and transfer to Council, the site was a Reservation for Special Uses – (Car parking) under the Ku-ring-gai Planning Scheme Ordinance 1971. The Reservation applying to the land was removed in 1992 via LEP 100, which rezoned the site to 3(b) - Business – Commercial Services.

Although not registered on the title, Lot 31 DP804447 (5 Kochia Lane Lindfield) is deemed to be held by Council in trust for a public purpose; being as a public car park. Since the land has continued to be used for public car parking then the land remains subject to that trust. In order for Council to proceed with its objectives for the Lindfield Village Green, this planning proposal seeks to extinguish the trust.

The site subject to the trust contains 16 public car parking spaces. Combined with the larger existing Tryon Road car park there are a total of 138 existing short term spaces. The proposal for the Lindfield Village Green project is to provide 100 short term spaces (20 at-grade, and 80 underground). Following redevelopment of 23-41 Lindfield Avenue (Aqualand site) and 43 Lindfield Avenue (Lindfield Markets site), these will respectively provide 62 and 41 short term car parking spaces to cater for their own needs. Factoring the removal of the former Havilah Lane car park (25 spaces), there would still be a net increase of approximately 40 spaces in the precinct following redevelopment of the 2 Lindfield Avenue sites. This is summarised in the table at Q10 above.

The concurrence of the landowner, where the land is not owned by the relevant planning authority.

Council is the landowner of all sites and has endorsed the preparation of this Planning Proposal.

Part 6 – Project Timeline It is anticipated that the Planning Proposal will take effect at the end of February 2016. The timeline for the progression of this Planning Proposal is indicated in the following Table:

Stage Timing

Date of Gateway determination 7 March 2016

Agency consultation (Concurrent with public exhibition)

July 2016 (28 days)

Notification of Exhibition

Thursday 14 July 2016


Commencement and completion dates for public exhibition period

Friday 15 July2016 – Friday 12 August 2016 (28 days exhibition)

Target date for Advertising Public Hearing in the Local Press

Thursday 18 August 2016 (Min 21 days in advance of hearing)

Prospective dates for public hearing

Week beginning Monday 12 September 2016

Timeframe for consideration of submissions

September 2016

Timeframe for Chairperson’s Report

September - October 2016

Preparation of Report to Council

October 2016

Targeted Dates for Ordinary Meeting of Council

October 2016

Anticipated date forward to the Department for completion.

November 2016


APPENDICES


APPENDIX A Report to Council Meeting 23 June 2015


APPENDIX B Resolution of the Council Meeting 23 June 2015


APPENDIX C Reclassification Checklist: Practice Note PN 09-003 Planning Proposal to reclassify Council owned land 8-10 Tryon Road and 3-5 Kochia Road, Lindfield via an amendment to the Ku-Ring-Gai Local Environmental Plan (Local Centres) 2012

LEP Practice Note PN 09-003: Classification and reclassification of public land through a Local Environmental Plan

Attachment 2 Checklist of Exhibition Material

Why is the Draft LEP being prepared?

This information is found in the Council Report dated 23rd June 2015.

The current and proposed classification of the land

The subject land, being 8-10 Tryon Road (Lot 2, 3 DP219628 and Lot 5 DP219146) 3 Kochia Lane (Lot 12 DP 225925), and 5 Kochia Lane (Lot 31 DP804447) from Community Land to Operational Land is currently classified as ‘Community Land’. The Draft LEP proposes to reclassify the land to ‘Operational Land’ Further details regarding the proposed re-classification are provided in ‘Existing Planning Controls’ in Part 1 – Objectives and Intended Outcomes of the Planning Proposal.

The strategic reasons for the reclassification

The Planning Proposal will provide Council with greater flexibility to deal with any land use matters such as potential commuter car parking by TFNSW and/or commercial operations that may occur on the site resulting from the development of the Lindfield Village Green

Council’s ownership of the land

A search of council records indicate that the lands were purchased using a car parking fund and also dedicated to council. The acquisition of these lands occurred progressively between 1964 and 1990.

The nature of Council’s interest in the land and how and when Council’s interest in the land was acquired

A search of Council records indicate the following:

• 8 Tryon Road (Lot 2&3 DP219628) was purchased in 1966 using a Lindfield car parking fund for the purposes of car parking.

• 10 Tryon Road (Lot 5 DP219146) was purchased in 1982 using Lindfield car parking fund for the purposes of car parking.


• 3 Kochia Lane (Lot 12 DP225925) was part resumed (compulsorily acquired) and part purchased in 1964/1965 using Lindfield car parking fund in for the purposes of providing, controlling and managing a site for the accommodation of vehicles in or near a public road and car parking.

• 5 Kochia Lane (Lot 31 DP804447) was dedicated, free of cost, to Council in 1990 as a condition of consent for Development Application No. 1515/87 for the construction of the existing three storey commercial building at 12-18 Tryon Road, Lindfield. .

Any agreements over the land and the details thereof

It is noted that 5 Kochia Lane (Lot 31 DP804447) was dedicated, free of cost, to Council in 1990 as a condition of consent for the construction of the existing commercial building at 12-18 Tryon Road, Lindfield. At the time of dedication and transfer to Council, the site was a Reservation for Special Uses – (Car parking) under the Ku-ring-gai Planning Scheme Ordinance 1971. The Reservation applying to the land was removed in 1992 via LEP 100, which rezoned the site to 3(b) - Business – Commercial Services. Although not registered on the title, Lot 31 DP804447 (5 Kochia Lane Lindfield) is deemed to be held by Council in trust for a public purpose; being as a public car park. Since the land has continued to be used for public car parking since its dedication to Council then the land remains subject to that trust. In order for Council to proceed with its objectives for the Lindfield Village Green, this planning proposal seeks to extinguish the trust. The provision of public car parking will remain on the site as part of the Lindfield Village Green project.

Prospective change in land valuation

This planning proposal does not change the development standards applying to the land. However, the proposed reclassification of the site from community land to operational land adds value to the site as it permits Council to sell, exchange or grant an interest to another party other than in accordance with the provisions of the Local Government Act 1993.

Council had the land valued by AEC Group in April 2016. Based on the existing FSR of 2.0:1 and a maximum height of 11.5m, the site was valued at approximately $6000/sqm as a development site (subject to urban design/architectural advice on the capacity if the Site to accommodate the designated FSR of 2:1 within the 11.5m building height).

Asset Management objectives

This information is included in the Council Report dated 23rd June 2015.

Is there any agreement to sell or lease the land?

In May 2012, the Hon Barry O’Farrell, MP Premier of NSW Minister for Western Sydney announced by media release that the NSW Government would build 9 new commuter car parks across Sydney, including 240 new spaces at Lindfield. Following this


announcement, at the Ordinary Meeting of Council on 28 May 2013, Ku-ring-gai Council resolved to undertake a comprehensive master plan for a Council-owned car park site on the western side of the Pacific Highway in Lindfield, in the vicinity of Woodford Lane, referred to as the Lindfield Community Hub project. In July 2013, a Project Working Group (PWG) was established with representatives of Council and Transport for NSW (TfNSW) to inform the preparation of a master plan incorporating commuter car parking. Council representatives and TfNSW have since been meeting regularly to ensure the delivery of a coordinated and shared outcome. At the Ordinary Meeting of Council 10 November 2015 it was resolved to submit a formal proposal to TfNSW as the basis for commencing negotiations and completing an agreement between the parties for the provision of 100 commuter car parking spaces as part of the proposed Lindfield Village Green project on the eastern side of Lindfield; and 140 commuter car spaces as part of the Lindfield Community Hub project on the western side of Lindfield. A proposal was submitted to TFNSW on Monday 7th December 2015 and negotiations are expected to commence in 2016. At this stage it is anticipated that the car parking will be delivered as a stratum within the overall development; whether the stratum is owned or leased by TFNSW is subject to negotiations.

Other relevant matters

Please refer to the Planning Proposal.

Attach a copy of Practice Note PN 09-003

See next page overleaf.


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Classification and reclassification of public land through a local environmental plan The purpose of this practice note is to update (and supersede) previous guidance on the process to classify or reclassify public land through a local environmental plan including a principal plan in accordance with the Standard Instrument.

Introduction ‘Public land’ is any land (including a public reserve) vested in, or under the control of, council. Exceptions include roads, land to which the Crown Lands Act 1989 applies, a common, or land to which the Trustees of Schools of Arts Enabling Act 1902 applies. ‘Community’ land is generally open to the public, for example, parks, reserves or sports grounds. ‘Operational’ land may be used for other purposes, for example, as works depots or garages, or held by council as a temporary asset. ‘Classification’ of public land refers to the process when this land is first acquired and first classified as either ‘operational’ land or ‘community’ land. ‘Reclassification’ of public land refers to the process of changing the classification of ‘operational’ land to ‘community’ land or from ‘community’ land to ‘operational’ land.

How is public land classified or reclassified? Depending on circumstances, this is undertaken by either: resolution of council under section 31, 32 or

33 of the Local Government Act 1993 (LG Act) [through section 27(2)], or

a local environmental plan (LEP) under the Environmental Planning and Assessment Act 1979 (EP&A Act) [through section 27(1) of the LG Act].

In both cases, it is not possible for councils to delegate their decision to classify or reclassify public land [section 377(1) of the LG Act]. Councils are encouraged to classify or reclassify land through the LG Act wherever circumstances conform to sections 31, 32 or 33 of the LG Act. The remaining parts of this practice note identify the key areas councils must consider when proposing to classify or reclassify public land by means of a local environmental plan (LEP) under the second option. This practice note supersedes the sections relating to classification and reclassification in LEPs and council land, Best Practice Guideline (Department of Urban Affairs and Planning 1997).

Procedure under the EP&A Act Where classification or reclassification is proposed through an LEP, council is advised to include the proposal as early as possible in the draft LEP or planning proposal. If the public land to be classified or reclassified is not owned by council, landowner’s consent is required prior to either section 54 or section 56 of the EP&A Act (when the Part 3 amendment to the EP&A Act applies).1 The proposal would then form part of the material presented through either section 54 or section 56 of the EP&A Act (when the Part 3 amendment to the EP&A Act applies).

1 In relation to the Part 3 amendment, council should also check the changes to the EP&A Act and Regulation once these commence.

LEP practice note STANDARD INSTRUMENT FOR LEPS

Note PN 09–003

Date 12 June 2009

Related Supersedes (re)classification advice in Best Practice Guideline (1997)

Department of Planning I practice note PN 09–003

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To assist councils, the steps in preparing material either as a draft LEP or planning proposal are summarised in Attachment 1. Column 1 of Attachment 1 sets out the requirements in accordance with the EP&A Act prior to the Part 3 amendment commencing. Column 2 of the attachment sets out the requirements after the Part 3 amendment commences. In relation to the Part 3 amendment, council should also check the savings and transitional arrangements under the EP&A Act, once these commence. Where land is proposed to be reserved for a public purpose such as provision of public services and facilities, section 117 Direction 6.2—Reserving Land for Public Purposes applies. The Direction also sets out requirements when a reservation of public land for such purposes is no longer required. A summary of relevant matters that need to be available at the time the planning proposal is first forwarded are listed in Attachment 2 under ‘Exhibition’. Other matters for exhibition and later stages are listed separately in that attachment.

Provisions in the Standard Instrument The following Standard Instrument provisions are relevant to the classification and reclassification of public land.

Clause 5.2—Classification and reclassification of public land The purpose of this clause is to enable councils to classify or reclassify public land identified in Schedule 4 of the Standard Instrument. Only public land to be classified or reclassified by publication on the NSW legislation website of that principal LEP is to be identified in the schedule. Schedule 4 must not contain a reference to any land already classified or reclassified.

Part 1 Schedule 4—change to ‘operational’ land, no interest changes Land is identified in Part 1 of Schedule 4 where the trusts, estates, interests, dedications, conditions, restrictions or covenants over the land are to remain after reclassification to ‘operational land’, i.e. where no interests will change.

Part 2 Schedule 4—change to ‘operational’ land and an interest will change Land is identified in Part 2 of Schedule 4 where the land is to be classified or reclassified as ‘operational land’ and some of the trusts, estates, interests, dedications, conditions, restrictions, or covenants over the land remain. The interests to remain are identified in column 3 of this part of the schedule.

Part 3 Schedule 4—change to ‘community’ land Land proposed to be classified or reclassified as ‘community land’ through the LEP is identified in Part 3 of the schedule.

Where there is no land to be classified or reclassified through the LEP, the clause remains with the schedule empty.

General requirements for exhibition Public exhibition of the LEP occurs after certification of the LEP (in accordance with section 66 of the EP&A Act). Public exhibition of a planning proposal may occur in accordance with section 57(2) (when the Part 3 amendment to the EP&A Act commences). To assist the public in understanding an exhibited draft LEP or planning proposal to classify or reclassify land, requirements are summarised in Attachment 2. A copy of council’s response to these requirements together with a copy of this practice note is to be part of material displayed during public exhibition of an LEP or planning proposal to reclassify or classify public land.

Public hearing A public hearing must be held when ‘community land’ is proposed to be reclassified as ‘operational land’. To ensure council and the community have sufficient time to consider relevant matters associated with the proposed change, the public hearing is held after the close of the exhibition period under section 68 of the EP&A Act (section 29 of the LG Act) for an LEP and in accordance with section 57(6) (when the Part 3 amendment to the EP&A Act commences). Public hearing provisions are set out in the EP&A Regulation (clause 14) and public notice of a hearing must be sent or published at least 21 days before the start of the public hearing. The independence of the person chairing the public hearing and requirements relating to the preparation and inspection of reports from the hearing are specified in section 47G of the LG Act.

Further information A copy of this practice note, Standard Instrument, and other specific practice notes and planning circulars on using the Standard Instrument, can be accessed on the Department’s website http://www.planning.nsw.gov.au/lep/index.asp Authorised by: Sam Haddad, Director-General List of attachments: 1. Main steps (in sequence) for classifying and reclassifying public land under the Environmental Planning and Assessment Act 1979 2. General requirements for classification or reclassification of land through local environmental plans and planning proposals

Attachment Department of Planning I practice note PN 09–003

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Attachment 1. Main steps (in sequence) for classifying and reclassifying public land under the Environmental Planning and Assessment Act 1979 Requirements prior to commencement of the 2008 Part 3 amendment to the EP&A Act

Requirements after commencement of the 2008 Part 3 amendment to the EP&A Act when it applies to a proposal

Council notifies the Department of a decision to prepare a draft LEP including a proposal to classify or reclassify public land (section 54 of the EP&A Act). This notification is accompanied by an appropriate level of information including for the following: - a justification for the proposal - reasons why council acquired an interest - details that would also accompany a plan at exhibition stage

(see Attachment 2) - any proposal to extinguish or retain other interests in the land

through the reclassification - a justification /explanation as to why such interests are being

extinguished - any rezoning associated with the classification/ reclassification - any preliminary comments by a relevant government agency,

including agency’s consent where land is vested or held by an agency other than council

- consideration of any relevant directions e.g. section 117 Direction 6.2—Reserving Land for Public Purposes, where appropriate.

A planning proposal is forwarded by council to the Minister (new section 56 of the EP&A Act), including a proposal to classify or reclassify public land. This proposal contains an appropriate level of information including for the following: - a justification for the planning proposal - reasons why council acquired an interest - details that would also accompany a plan at exhibition

stage (see Attachment 2) - any proposal to extinguish or retain other interests in the

land through the reclassification - a justification /explanation as to why such interests are

being extinguished - any rezoning associated with the classification/

reclassification - any preliminary comments by a relevant government agency,

including an agency in which the land is vested or held - consideration of any relevant directions, e.g. section 117

Direction 6.2—Reserving Land for Public Purposes, where appropriate.

Consultation with relevant public agencies and other stakeholders (section 62 of the EP&A Act).

See below.

After consultation, council submits a draft LEP to the Department and, subject to the issue of a section 65 certificate, the draft LEP is exhibited for a minimum of 28 days and the public invited to provide written submissions to the exhibited LEP within the exhibition period.

Following review, at the gateway, if the planning proposal is to proceed, requirements for the various stages of the proposal, including consultation requirements, will be provided to council (new section 56(1), 56(2) of the EP&A Act).

Where a draft LEP includes reclassification of ‘community’ land to ‘operational’ land, council holds a public hearing into the proposal in accordance with section 68 of the EP&A Act (section 29 of the Local Government Act). *

Where a planning proposal includes reclassification of ‘community’ land to ‘operational’ land, council holds a public hearing into the proposal in accordance with new section 57(6) of the EP&A Act. *

Such a hearing follows the requirements of clause 14 of the EP&A Regulation including that a notice of the details for the hearing must be published in a local newspaper and sent to any person requesting a hearing a minimum of 21 days prior to the hearing.

Such a hearing follows the requirements of clause 14 of the EP&A Regulation including that a notice of the details for the hearing must be published in a local newspaper and sent to any person requesting a hearing a minimum of 21 days prior to the hearing.

Where it is considered appropriate, the draft LEP is submitted to the Director-General together with details of all submissions and the report of the public hearing, together with a statement of other matters set out in section 68 of the EP&A Act.

Consultation for a planning proposal under new section 57 of the EP&A Act is completed when council has considered any submissions made concerning the proposed instrument and the report of any public hearing. Where the planning proposal is to proceed, the Director-General makes arrangements for the drafting of the LEP to give effect to the final proposal (new section 59 of the EP&A Act).

The Director-General furnishes a report to the Minister if the Director-General is satisfied that the draft LEP has been prepared in accordance with any applicable standard instrument under section 33A (section 69 of the EP&A Act).

The Minister determines whether to make the LEP under section 70 of the EP&A Act. **

The Minister (or Minister’s delegate) determines whether to make the LEP under new section 59 of the EP&A Act. **

Notes: * Where a proposal includes a classification of ‘operational’ land to ‘community’ land, a public hearing is not generally required. ** Where a reclassification proposes to extinguish other interests in the land, the approval of the Governor is required in

accordance with section 30 of the LG Act.

Attachment Department of Planning I practice note PN 09–003

4 / 4

Attachment 2. General requirements for classification or reclassification of land through local environmental plans and planning proposals Exhibition When exhibiting a planning proposal or draft LEP to classify or reclassify public land, council must provide a written statement including the following: the reasons why the draft LEP or planning

proposal is being prepared including the planning merits of the proposal, e.g. the findings of a centres’ strategy, council’s intention to dispose of the land, provision of open space in a town centre

the current and proposed classification of the land

the reasons for the reclassification including how this relates to council’s strategic framework, council’s proposed future use of the land, proposed zones, site specific requirements, e.g. heritage controls, anticipated physical or operational changes resulting from the reclassification

council’s ownership of the land, if this applies the nature of council’s interest in the land, e.g.

council has a 50 year lease over the site how and when the interest was first acquired,

e.g. the land was purchased in 20XX through section 94

the reasons council acquired an interest in the land, e.g. for the extension of an existing park; council was given responsibility for the land by a State agency

any agreements over the land together with their duration, terms, controls, agreement to dispose of the land, e.g. whether any aspect of the draft LEP or planning proposal formed part of the agreement to dispose of the land and any terms of any such agreement

an indication, as a minimum, of the magnitude of any financial gain or loss from the reclassification and of the type(s) of benefit that could arise e.g. council could indicate the magnitude of value added to the land based on comparable sites such as the land is currently valued at $1500 per square metre, nearby land zoned for business development is valued at between $2000 and $5000 per square metre

the asset management objectives being pursued, the manner in which they will be achieved and the type of benefits the council wants, i.e. without necessarily providing details of any possible financial arrangements, how the council may or will benefit financially

whether there has been an agreement for the sale or lease of the land; the basic details of any such agreement and, if relevant, when council intends to realise its asset, either

immediately after rezoning/reclassification or at a later time

Relevant matters required in plan making under the EP&A Act

A copy of this practice note must be included in the exhibition material to assist the community in identifying information requirements. Council staff may wish to identify the column in Attachment 1 that applies.

Post-exhibition Once a decision has been made regarding whether the draft LEP or planning proposal proceeds, everyone who made a written submission must be notified in writing of the decision. Written notification must occur within 14 days of the decision and needs to clearly identify the reasons for council’s decision. An explanation must be included of how issues raised in submissions were addressed including the reasons for council’s decision. The final report after exhibition to either the Director-General or the Minister should include: a brief summary of council’s interest in the land issues raised in any relevant submissions the dates of the exhibition and the hearing an explanation of how issues raised were

addressed or resolved.

Additional matters to be addressed when the Governor’s approval is required The Governor’s approval is required for the extinguishment of public reserve status and other interests in land which a council proposes to reclassify from ‘community’ to ‘operational’ status under the LG Act. Council must provide sufficient information in accordance with this practice note to inform the Minister of any public reserve and/or other third party property interests (e.g. trust, covenant, easement) that are proposed to be extinguished upon the making of such a draft LEP or planning proposal. Important note This note does not constitute legal advice. Users are advised to seek professional advice and refer to the relevant legislation, as necessary, before taking action in relation to any matters covered by this note. © 2009 New South Wales Government through the Department of Planning www.planning.nsw.gov.au DOP 09_004 Disclaimer: While every reasonable effort has been made to ensure that this document is correct at the time of publication, the State of New South Wales, its agencies and employees, disclaim any and all liability to any person in respect of anything or the consequences of anything done or omitted to be done in reliance upon the whole or any part of this document.

APPENDIX D Phase 1 Environmental Site Assessment


APPENDIX E Preferred Design Concept – Lindfield Village Green


APPENDIX F Title Search


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