TRANSPORT, HERITAGE AND PLANNING SUB-COMMITTEE 31 JULY 2017
ITEM 8. AWARD OF HERITAGE FLOOR SPACE - HYDE PARK BARRACKS
FILE NO: X009395
SUMMARY
The City’s heritage floor space scheme provides an incentive for conserving and maintaining heritage buildings in central Sydney. The scheme enables the transfer of development potential from conserved heritage items to approved development elsewhere in central Sydney. The transferable floor space is known as heritage floor space. A heritage item owner can seek an award of heritage floor space for proposed conservation works or for previously completed conservation works. Once conservation works are completed, covenants registered on title and an award granted, the owner can sell the heritage floor space to developers who require it under conditions of consent for approved development.
Sydney Living Museums has applied for a retrospective award of heritage floor space for conservation works undertaken on Hyde Park Barracks. The application is the first of its kind, being sought by the Crown for a government-owned building on the basis of previously completed conservation works. It takes advantage of recent changes to the heritage floor space scheme allowing government-owned buildings to apply for an award. No other new works are proposed as part of this application.
Dating from 1819 and constructed as the first convict barracks for the New South Wales colony, Hyde Park Barracks represents one of Sydney’s finest public heritage buildings of recognised local, state, national and world significance.
Since 1975, conservation works have been completed to the complex of buildings to a high standard, guided by the best available conservation knowledge and practice. Over 15 years, between 2001 and 2016, Sydney Living Museums has invested $3.4 million to conserve, maintain and upgrade the buildings. A further $4.3 million is programmed for the next nine years. Sydney Living Museums has successfully maintained, interpreted and celebrated the significance of the item as a house museum open to the public. The comprehensive conservation management plan prepared by Lucas Stapleton Johnson & Partners for the full barracks site provides appropriate guidance for ongoing conservation of the significance of the heritage item. The plan is at Attachment A.
This report recommends Council approve an estimated award of 12,732.5 square metres of heritage floor space, subject to the covenants for maintenance and development limits required under Sydney Local Environmental Plan 2012 and Sydney Development Control Plan 2012 and subject to submission of final survey plans. This award will recognise the successful conservation of one of Sydney’s most significant heritage items and provide for its ongoing maintenance and conservation.
RECOMMENDATION
It is resolved that:
(A) Council approve the Conservation Management Plan for Hyde Park Barracks dated October 2016 prepared by Lucas Stapleton Johnson & Partners, as shown at Attachment A to the subject report;
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TRANSPORT, HERITAGE AND PLANNING SUB-COMMITTEE 31 JULY 2017
(B) Council approve an award of approximately 12,732.5 square metres of heritage floor space under Sydney Local Environmental Plan 2012, noting that the final award will be calculated based on survey plans to be submitted by the owner, and provided the owner enter into a deed with Council in the form required by Council and register any required covenants on the title of the land to:
(i) ensure the continued conservation and maintenance of the building in accordance with the Conservation Management Plan dated October 2016 by Lucas Stapleton Johnson & Partners; and
(ii) limit any future development of the site to the existing heights of heritage buildings on site and to the existing combined gross floor area on site of 2,527 square metres;
(C) authority be delegated to the Chief Executive Officer to calculate the final award on the basis of survey accurate plans of the Hyde Park Barracks site and finalise the deed and required covenants on this basis; and
(D) the applicant be advised that all legal documentation must be prepared by Council’s solicitor and that the cost of preparation and registration of all documentation must be borne by the owner.
ATTACHMENTS
Attachment A: Conservation Management Plan (Note – Due to its size, hard copies of Attachment A have not been circulated. An electronic copy is available for viewing on Council’s website. A hard copy can be made available on request.)
AWARD OF HERITAGE FLOOR SPACE - HYDE PARK BARRACKS 10161207
TRANSPORT, HERITAGE AND PLANNING SUB-COMMITTEE 31 JULY 2017
BACKGROUND
1. The City’s heritage floor space scheme provides an incentive for conserving and maintaining heritage buildings in central Sydney. The scheme enables the transfer of development potential from conserved heritage items to approved development elsewhere in central Sydney. The transferable floor space is known as heritage floor space. Clauses 6.10 and 6.11 of Sydney Local Environmental Plan 2012 and 5.1.9 of Sydney Development Control Plan 2012 provide the legislative framework for the scheme.
2. A heritage item owner can seek an award of heritage floor space for proposed conservation works or for previously completed conservation works. Once conservation works are completed, covenants registered on title and an award granted, the owner can sell the heritage floor space to developers who require it under conditions of consent for approved development.
3. In 2015, Council approved changes to the scheme enabling items which had previously received an award to be granted a second award after a period of 25 years. It also approved changes to allow awards to be granted for previously completed conservation works and to government-owned buildings. These changes were introduced to increase the supply of heritage floor space in response to a critical shortage that risked stalling major central Sydney developments.
4. This is the first application of its kind, being sought by the Crown for a government- owned building based on previously completed conservation works. As no new works are proposed, the application was lodged without a development application, as a retrospective award application.
Subject site
5. The subject site at 12 Macquarie Street, Sydney, has a site area of approximately 5,093 square metres. This includes the land with the current legal description of lots 45-49 and part lot 43 of DP 47116 and lot 1 of DP 48231. The subject site boundary is shown at Figure 1.
6. With its principal frontage to Queens Square, the site is bound by Macquarie Street to the west, Prince Albert Road to the south and Hospital Road to the east. It adjoins two other heritage items, including The Mint to the south and the Registrar General’s Department and Land Titles Office to the south-east.
7. This site contains the central main barracks building and perimeter buildings contained within a walled compound. A triangular section of land extends outside the walled compound to the west, forming the forecourt. The perimeter buildings are individually identified in the application, as shown in the site plan at Figure 2.
8. Lots 45-49 of DP 47116 and Lot 1 of DP 48231, which form the majority of the site, are owned by Historic Houses Trust of NSW, a statutory authority of the State Government, which incorporates Sydney Living Museums. Historic Houses Trust is the statutory name for Sydney Living Museums, established to manage historic buildings under the Historic Houses Act 1980. A small portion of the site along the eastern boundary, which forms part of Lot 43 of DP 47116, is under separate ownership of Properties NSW.
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TRANSPORT, HERITAGE AND PLANNING SUB-COMMITTEE 31 JULY 2017
9. The compound of buildings and land is listed as a heritage item in schedule 5 of Sydney Local Environmental Plan 2012 as the “Former Hyde Park Barracks including forecourt, wall and gatehouses, interiors, grounds, former District Courts and offices and archaeology”, item number I1867. The listing boundary is shown in the heritage map extract at Figure 3.
Figure 1: Hyde Park Barracks boundary
AWARD OF HERITAGE FLOOR SPACE - HYDE PARK BARRACKS 10161207
TRANSPORT, HERITAGE AND PLANNING SUB-COMMITTEE 31 JULY 2017
Figure 2: Building plan (Source: Lucas Stapleton Johnson & Partners, Conservation Management Plan, October 2016)
Figure 3: Heritage item boundary
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TRANSPORT, HERITAGE AND PLANNING SUB-COMMITTEE 31 JULY 2017
Figure 4: Main barracks building (Source: Sydney Living Museums)
History and significance
10. Dating from 1819 and constructed as the first convict barracks for the New South Wales colony, Hyde Park Barracks represents one of Sydney’s finest public heritage buildings of recognised local, state, national and world heritage significance. As well as the local listing, the complex is listed on the State Heritage Register and National Heritage List. It is also listed as part of the serial world heritage listing for 11 Australian convict sites. The main barracks building is shown at Figure 4.
11. Built with convict labour for Governor Macquarie, the barracks represents one of the finest surviving works of celebrated convict architect Francis Greenway, and demonstrates Governor Macquarie's vision for Sydney. It provides evidence of the early nineteenth century era of convict transportation, particularly the accommodation and living conditions of male convicts in New South Wales from 1819 to 1848.
12. The site provides evidence of further significant phases in Australia’s history following the convict era. These include its use by government institutions during the second half of the nineteenth century as accommodation for immigrant women and as a female asylum, and its use as the home of other government functions and many legal institutions for more than a century. Since the 1980s, the barracks has been a site for pioneering heritage conservation practice and archaeological investigations, through its conservation and conversion to a museum.
13. Through key phases from 1819 to the present, the complex has been constructed in stages and altered, including changes to the site boundaries, walls and buildings, and physical intervention for excavation and building restoration.
Relevant development applications
14. On 9 March 1981, Council approved a development application, number 44/80/0397, for internal and external restoration works to the Mint and Hyde Park Barracks and adjoining landscape for the use as an historical museum.
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15. On 14 October 1998, the City approved a building application, number B1998 00845, to erect the Irish Famine commemorative sculpture on the southern perimeter wall of the barracks compound.
16. No further substantial development applications were received for other major conservation, interpretation or upgrade works.
Conservation works and management plan
17. Since 1975, significant conservation works have been completed to the complex of buildings. As a public authority, Sydney Living Museums may undertake Crown certification of its development and is not required to obtain a construction certificate.
18. Consequently, a formal record that conservation works have been completed in accordance with development consents is not generally available for the works.
19. In lieu of construction certificates, Sydney Living Museums has provided details of all works completed and submits that the works represent the best Australian conservation practice at the time of implementation. City officers are satisfied that the works have been completed to a high standard representing best practice of the time and were led and overseen by experienced practitioners in accordance with previous conservation guidelines. The works have been completed over four main phases, summarised below, and set out in more detail in the conservation management plan at Attachment A.
20. Phase one was undertaken between 1975 and 1979. It included reconstruction of parts of the west perimeter wall and reconstruction of external joinery on the main barracks building.
21. Phase two was undertaken between 1979 and 1987. It included extensive works to the main barracks building to reconstruct external brickwork and external masonry roof features, install new floor and floor structures and install fire stairs and sprinklers. It also included works to remove intrusive items from the muster yard and reconstruction of brickwork to the south gatehouse.
22. Phase three was undertaken in 1990. It included further work to the main barracks building to replace doors and original door openings and add floating floors as part of new interpretation fittings.
23. Phase four encompasses works undertaken from 2000 to the present. It includes re- roofing of the main barracks, gatehouse and north range, installation of lead flashings and continuing maintenance of external joinery and metalwork.
24. Through these extensive works, Sydney Living Museums has successfully maintained, interpreted and celebrated the significance of this item as a museum open to the public.
25. A further $4.3 million of conservation, maintenance and upgrades are programmed over the next nine years.
26. The comprehensive conservation management plan prepared in 2016 by Lucas Stapleton Johnson & Partners for the full barracks site provides appropriate guidance for ongoing conservation of the significance of the heritage item into the future. The plan is at Attachment A.
AWARD OF HERITAGE FLOOR SPACE - HYDE PARK BARRACKS 10161207
TRANSPORT, HERITAGE AND PLANNING SUB-COMMITTEE 31 JULY 2017
KEY IMPLICATIONS
Eligibility for a heritage floor space award
27. Clause 6.10(2) of Sydney LEP 2012 provides that Council may record an amount of heritage floor space in the heritage floor space register subject to the eligibility criteria shown in Table 1.
28. For the purposes of this application, the heritage building encompasses the heritage item as listed in Schedule 5 of Sydney LEP 2012. In addition to the main barracks building, the listing includes the “forecourt, wall and gatehouses, interiors, grounds, former District Courts and offices and archaeology”. These features are specifically identified in the listing and contribute to the significance of the heritage item.
Sydney LEP 2012, clause 6.10(2) Compliance Comment
(a) the person is the owner or the Complies nominee of the owner of a building that is a heritage item shown marked “*” in Schedule 5 (a heritage building)
(b) the heritage building is on land Complies in Zone B8 Metropolitan Centre
(c) conservation works have been Complies in principle carried out on the heritage building and have been completed in Conservation works have accordance with a heritage been carried out to the conservation management plan satisfaction of Council approved for the building by the officers and have been consent authority carried out in accordance with the conservation management plan at Attachment A. Noting that the plan was prepared following the completion of works, this report recommends Council approve the conservation management plan, thus satisfying the requirements of 6.10(2)(c).
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Sydney LEP 2012, clause 6.10(2) Compliance Comment
(d) a covenant is registered that Capable of compliance prevents development that increases the total gross floor area Council officers are of all buildings on the site on which working with Sydney Living the heritage building is located or Museums to finalise the that increases the height of the covenant. The covenant heritage building will be registered on title for the existing height and floor area of buildings on site prior to the registration of heritage floor space.
(e) an amount of heritage floor Complies space has not been recorded in the previous 25 years (under this The heritage building was clause or under a similar scheme in ineligible for an award until force before the commencement of 2015 when Council this Plan) in respect of the heritage amended the scheme to building extend eligibility for awards to government-owned buildings.
(f) no other building has utilised Complies floor space that was available to it only because, at the time the floor No other development has space was utilised, the building used the floor space was on a site that included the contained on this site. heritage building or that included part of the site occupied by the heritage building
Table 1 – Compliance with Sydney LEP 2012
29. Provision 5.1.9.1 and 5.1.9.2 of Sydney DCP 2012 provide additional eligibility criteria and pre requisites for the award of heritage floor space as shown in Table 2 below.
Sydney DCP 2012 Compliance Comment
5.1.9.1 (a) building is located in the Complies central Sydney area
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Sydney DCP 2012 Compliance Comment
5.1.9.1 (b) building is subject to Complies in principle conservation works in accordance with an approved Conservation Conservation works have Management Plan been carried out to the satisfaction of Council officers and have been carried out in accordance with the conservation management plan at Attachment A. Noting that the plan was prepared following the completion of works, this report recommends Council approve the conservation management plan, satisfying the requirement of 5.1.9.1 (b).
5.1.9.1 (c) building is not subject to Complies works that would increase the external envelope and floor space No new works are of the building, other than a minor proposed as part of this increase to facilitate the adaptive application. Potential future re-use of the heritage building works are noted in the application, but not proposed or assessed at this stage. Under Sydney LEP 2012, before the award is finalised a covenant is required to be registered on title to restrict increases to the floor space and height.
5.1.9.2 (1) (b) ensure the ongoing Capable of compliance conservation of the building by regular maintenance, including the A covenant will be provision of adequate insurance registered. Sydney Living and a maintenance fund Museums has programmed a further $4.3 million for maintenance, conservation and upgrades for the next nine years. The buildings and collection are insured under the Treasury Managed Fund, the NSW Government’s self- insurance scheme.
AWARD OF HERITAGE FLOOR SPACE - HYDE PARK BARRACKS 10161207
TRANSPORT, HERITAGE AND PLANNING SUB-COMMITTEE 31 JULY 2017
Sydney DCP 2012 Compliance Comment
5.1.9.2 (2) A Conservation Complies Management Plan for the heritage item is to be approved by the The conservation consent authority and is to management plan generally include: prepared in 2016 by Lucas Stapleton Johnson & (a) works to conserve the existing Partners for the full significant fabric of the building; barracks site has been completed to the (b) removal of elements that satisfaction of Council detract from the significance of the officers. It provides building; appropriate guidance for ongoing conservation of (c) the schedule of maintenance the significance of the works; heritage item.
(d) reinstatement of original fabric based on documentary evidence where appropriate; and
(e) other works compatible with significance of the building.
Table 2 – Compliance with Sydney DCP 2012
30. This report recommends that Council approve an award of heritage floor space on the basis of the building complying, or being capable of complying, with the above criteria and requirements.
Calculations for heritage floor space award and covenants
31. Provision 5.1.9.3 of Sydney DCP 2012 provides the formula for calculating the maximum amount of heritage floor space that may be awarded. Formula 1 applies as the Hyde Park Barracks is a Government owned building. The formula is as follows:
HFSH = 0.5AS x FSRH
HFSH is the maximum amount of heritage floor space which may be awarded in square metres
AS is the site area in square metres occupied by the heritage building
FSRH is the maximum FSR for the site of the heritage building as shown on the LEP FSR map.
32. FSRH for the site is 5:1.
33. For the purposes of calculating AS, the heritage building is taken to include all features named in the item listing under Schedule 5 of Sydney LEP 2012 which contribute to its significance. Council officers have determined that all features in the listing description are of significance to the item. As such, AS is taken to be the full extent of the Hyde Park Barracks site.
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TRANSPORT, HERITAGE AND PLANNING SUB-COMMITTEE 31 JULY 2017
34. Part of lot 43 in DP 47116 falls within the site boundary. The remainder of this lot is within the boundary of the Sydney Mint site.
35. While survey accurate areas are known for the other lots which comprise the site, a survey accurate area of the part of lot 43 within the Hyde Park Barracks site was unavailable at the time of preparing this report.
36. As such, it is not possible to accurately determine the site area for the purposes of calculating the award. The City estimates an area of 387 square metres for the part of lot 43 on the Hyde Park Barracks site. When added to the survey accurate areas, this gives a total site area of 5,093 square metres.
37. On this basis, in accordance with the formula, the building is eligible for an estimated total award of 12,732.5 square metres.
38. For the purposes of the restrictive covenant to be registered on title prior to finalisation of the award, building height will be limited to the existing height of heritage buildings on site and gross floor area will be limited to the existing gross floor area of 2,527 square metres.
39. Subject to approval of this report by Council, the City will work with Sydney Living Museums to finalise the deed and covenants. The total award will be calculated on the basis of an accurate survey plan to be submitted by Sydney Living Museums.
Strategic alignment - Sustainable Sydney 2030 vision
40. Sustainable Sydney 2030 is a vision for the sustainable development of the City to 2030 and beyond. It includes 10 strategic directions to guide the future of the City, as well as 10 targets against which to measure progress. This report is aligned with the following SS2030 strategic directions and objectives:
(a) Direction 7 – A Cultural and Creative City – By facilitating the ongoing conservation and maintenance of the Hyde Park Barracks, the award of heritage floor space will ensure this landmark historic building can continue to enhance the cultural landscape of the city and remain accessible for cultural or creative events.
RELEVANT LEGISLATION
41. Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000.
PUBLIC CONSULTATION
42. The heritage floor space application was advertised for public comment for 28 days from 30 May 2017 to 30 June 2017. No submissions were received.
GRAHAM JAHN, AM Director City Planning, Development and Transport
(Tim Aldham, Senior Planner) (Claudine Loffi, Senior Specialist Planner)
AWARD OF HERITAGE FLOOR SPACE - HYDE PARK BARRACKS 10161207