CENTRAL SYDNEY PLANNING COMMITTEE 6 DECEMBER 2007
ITEM 12. DEVELOPMENT APPLICATION: WESTFIELD - CENTREPOINT, IMPERIAL ARCADE AND SKYGARDEN
FILE NO: D2007/1228
SUMMARY
Date of Submission: Application submitted on 3 July 2007 (additional information submitted on numerous occasions up until 19 November 2007)
Applicant: Westfield Management Limited
Summary: Stage 2 development application seeking consent for redevelopment of 80-112 Market Street, 184-190 Pitt Street and 89-111 Castlereagh Street (Centrepoint); 168-174 Pitt Street and 83-87 Castlereagh Street (Imperial Arcade); and 162-166 Pitt Street and 77-83A Castlereagh Street (Skygarden) to provide a mixed retail and commercial development comprising:
(a) three basement levels accommodating car parking, servicing areas and plant to service the development (parking for 188 cars and 70 service vehicles);
(b) a retail podium building incorporating seven retail levels and including 54,377.3 sqm of retail floor space;
(c) alterations and additions to the Australian Tax Office (ATO) building at the base of the Centrepoint Tower to provide 30,776.4 sqm of commercial floor space and a child care centre of 448.5 sqm;
(d) a new commercial office tower to the north of the existing Centrepoint Tower to provide 36,810.6 sqm of commercial floor space.
6 submissions from individuals/companies were received in respect of the development.
The submission from Perpetual Trustee Company Ltd was subsequently withdrawn following an agreement being reached with Westfield with regard to the use of the access to the site from King Street.
The submission received from David Jones supports the development in principle and provides comments in respect of the management of the construction of the development.
DEVELOPMENT APPLICATION: WESTFIELD - CENTREPOINT, IMPERIAL ARCADE AND SKYGARDEN 20100312
CENTRAL SYDNEY PLANNING COMMITTEE 6 DECEMBER 2007
Summary: The submission from Bicycle NSW commends the (cont’d) developer for their foresight in providing specialist facilities which encourage bicycle use”.
The submission from Resnet raises supports the proposal to maximise the retail presentation to the street and raises concerns in respect of a number of matters including non compliance with the Stage 1 envelope, the need to maximise pedestrian connections through the development, the effectiveness of the high level awnings, construction management issues and the need to upgrade the pedestrian bridges.
The main issues raised in the outstanding submissions relate to:
(a) Loss of sunlight to the Tower apartment building; and
(b) Impacts during the construction of the development.
Summary Recommendation: It is recommended that a deferred commencement consent be issued subject to conditions requiring:
(a) That the design of the north section of the facade of the retail podium fronting Pitt Street Mall be refined to provide an improved relationship with the adjoining heritage listed Skygarden facade and the streetscape in general and that it exhibit a masonry character consistent with the requirements of DCP 1996;
(b) That the design of the retail podium be amended so as to provide awnings along the street frontages of the development at a height generally consistent with that of the existing awning so as to provide appropriate weather protection and an appropriate relationship with adjoining development and the streetscape in general consistent with the requirements of DCP 1996;
(c) That Westfield enter an agreement to upgrade Pitt Street Mall.
DEVELOPMENT APPLICATION: WESTFIELD - CENTREPOINT, IMPERIAL ARCADE AND SKYGARDEN 20100312
CENTRAL SYDNEY PLANNING COMMITTEE 6 DECEMBER 2007
Development Controls: The main controls relevant to the development are:
(i) Central Sydney Local Environmental Plan 1996
(ii) Central Sydney Heritage Local Environmental Plan 2000 (HLEP 2000)
(iii) Central Sydney Development Control Plan 1996
(iv) Sydney Local Environmental Plan 2005 (Draft)
(v) City of Sydney Access Development Control Plan 2004
(vi) City of Sydney Contaminated Land Development Control Plan 2004
(vii) SEPP 11 – Traffic Generating Developments
(viii) SEPP 55 – Remediation of Land
(ix) SEPP 63 – Major Transport Projects
(x) Draft SEPP 66 – Integration of Land Use and Transport.
Attachments: A Description of proposed development.
B Plans and elevations.
C Photomontages
DEVELOPMENT APPLICATION: WESTFIELD - CENTREPOINT, IMPERIAL ARCADE AND SKYGARDEN 20100312
CENTRAL SYDNEY PLANNING COMMITTEE 6 DECEMBER 2007
RECOMMENDATION
It is resolved that:-
(A) a deferred commencement consent be granted pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979 subject to the following conditions:
(1) RETAIL PODIUM
The applicant shall explore opportunities for the incorporation of masonry elements within the composition of the podium facade.
In particular the design of the north section of the facade of the retail podium fronting Pitt Street Mall shall be amended to exhibit a masonry character and provide an improved relationship with the adjoining heritage listed Skygarden facade (in this regard the projecting concrete entrance canopy shall be deleted) and the streetscape in general consistent with the requirements of the Central Sydney Development Control Plan 1996.
(2) AWNINGS
The design of the retail podium shall be amended so as to provide awnings along the street frontages of the development at a height generally consistent with that of the existing awning so as to provide appropriate weather protection and an appropriate relationship with adjoining development and the streetscape in general consistent with the requirements of Central Sydney development Control Plan 1996.
(3) UPGRADE OF PITT STREET MALL
The applicant shall enter into an Deed of Agreement with Council to upgrade the whole of Pitt Street Mall as part of the construction of the development. The terms of the agreement may include that the cost of works to the northern section of the Mall which are not adjacent to properties owned by Westfield be discounted from the required Section 61 contribution.
(B) within 12 months of the date of this resolution and upon compliance with the requirements of Clause (A) above, a development consent in accordance with Section 80(4) of the Environmental Planning and Assessment Act, 1979 be issued, subject to the following conditions and any other additional conditions reasonably arising from the consideration of the matters specified in Clause (A):
(1) APPROVED DEVELOPMENT
(a) Development must be in accordance with Development Application No. 2007/1228 dated 29 June 2007 and the following drawings:
DEVELOPMENT APPLICATION: WESTFIELD - CENTREPOINT, IMPERIAL ARCADE AND SKYGARDEN 20100312
CENTRAL SYDNEY PLANNING COMMITTEE 6 DECEMBER 2007
Drawing Nos Architect Date
DA 200 Revision 2 to John Wardle architects February 2007 DA216 Revision 2
DA 302 Revision 2 to John Wardle architects February 2007 DA 345 Revision 2
DA 430 Revision 2 to John Wardle architects February 2007 DA 432 Revision 2
DA 451 Revision 2 to John Wardle architects February 2007 DA 452 Revision 2
DA 520 Revision 2 to John Wardle architects February 2007 DA 522 Revision 2
DA 531 Revision 2 to John Wardle architects February 2007 DA 535 Revision 2
DA 540 Revision 2 to John Wardle architects February 2007 DA 542 Revision 2
DA 550 Revision 2 to John Wardle architects February 2007 DA 555 Revision 2
Except as may be amended by the conditions of this consent:
(2) DESIGN DETAILS
Final detailed specifications and samples of all external finishing materials shall be submitted to and be approved by Council prior to the issue of a Construction Certificate.
(3) FLOOR SPACE RATIO
The following applies to Floor Space Ratio:
(a) The Floor Space Ratio of the proposal must not exceed 12.5:1 calculated in accordance with the Central Sydney Local Environmental Plan 1996. For the purpose of the calculation of FSR, the Floor Space Area of the development is 142,222 sqm.
(b) Prior to an Occupation Certificate being issued, a Registered Surveyor must provide certification of the total and component Floor Space Areas (by use) in the development, utilising the definition under Central Sydney Local Environmental Plan 1996 applicable at the time of development consent, to the satisfaction of the Principal Certifying Authority.
DEVELOPMENT APPLICATION: WESTFIELD - CENTREPOINT, IMPERIAL ARCADE AND SKYGARDEN 20100312
CENTRAL SYDNEY PLANNING COMMITTEE 6 DECEMBER 2007
(c) Prior to a Construction Certificate being issued, Council’s written verification must be obtained, confirming that 12,800sqm of heritage floor space was allocated (purchased and transferred) to the development.
This amount may be reduced by an amount equivalent to the area of the mid block connections between Pitt Street Mall and Castlereagh Street that have been provided in accordance with the Central Sydney Development Control Plan 1996 and are subject to an easement requiring them to be available for public access between the hours of at 6.00 am to 10.00pm daily. Details of this reduction are to be agreed with Council.
(4) BUILDING HEIGHT
(a) The height of the commercial office tower must not exceed RL 168.46 (AHD).
(b) Prior to an Occupation Certificate being issued, a Registered Surveyor must provide certification of the height of the office tower to the satisfaction of the Principal Certifying Authority.
(5) ROOF-TOP PLANT
All roof-top plant and associated equipment must be located within the approved building envelope. Should the plant exceed the approved building envelope, then further approval is required from Council.
(6) APPROVED USES
(a) Development consent is granted for:
(i) the use of the retail podium for the purpose of shops and, with the exception of ground floor street front tenancies, commercial premises such as banks, building societies and uses providing customer oriented financial services; and
(ii) the use of the new office tower, the Skygarden office tower and the refurbished ATO building for the purpose of commercial offices.
(b) Separate development applications are not required for the use of these areas for such purposes.
(c) Separate development applications are required for the fit out of these areas (unless the works are exempt or complying development).
(d) The existing Sydney Tower restaurant and observation level, Sky Tour and Skywalk continues to operate under the terms of their existing consents.Whilst approved in principle by this consent separate development applications are required for the use and fit out of:
(i) The child care centre;
DEVELOPMENT APPLICATION: WESTFIELD - CENTREPOINT, IMPERIAL ARCADE AND SKYGARDEN 20100312
CENTRAL SYDNEY PLANNING COMMITTEE 6 DECEMBER 2007
(ii) The use of any retail units or areas within the development as a retail food premises, take away food premises, café, restaurant, bar or the like (including the Skygarden restaurants/roof bar) or use as a Place of Public Entertainment.
(f) Separate development applications are required for other uses not specifically detailed in this condition.
(7) HOURS OF OPERATION
The general hours of operation of the development are restricted as follows:
(a) Retail podium - 6.00am to 10.00pm seven days;
(b) Commercial office uses – 24 hours.
Uses excluded from these hours include:
(c) The Sydney Tower restaurant and observation level, Sky Tour and Skywalk which operate under separate consents; and
(d) Other uses within the development which require separate development consent and may be subject to conditions specifying different hours.
(8) MID BLOCK CONNECTIONS/THROUGH SITE LINKS
The mid block connections/through site links shall be maintained open for access between the hours of 6.00am to 10.00pm in accordance with the requirements of the Central Sydney development Control Plan 1996.
(9) SHOPFRONTS
(a) Precise architectural details of the design of the shopfronts adjacent to the public domain and the provision of any doors or other means of enclosure of the entrances to the development shall be submitted to and be approved by Council prior to the issue of a Construction Certificate.
(b) The shopfronts to the Skygarden building on Pitt Street Mall shall be designed to complement and reflect the heritage character and significance of the facades.
(c) In addition a detailed shop front design guide for tenancies fronting the public domain, for prospective tenants who may wish to modify the approved shop fronts as part of their tenancy fit out, shall be submitted to and be approved by Council prior to the issue of a Construction Certificate. Such a design guide shall identify opportunities and constraints and incorporate key objectives to be satisfied in respect of any such modifications.
(10) SIGNAGE STRATEGY
The submitted signage strategy is not approved as part of this consent.
DEVELOPMENT APPLICATION: WESTFIELD - CENTREPOINT, IMPERIAL ARCADE AND SKYGARDEN 20100312
CENTRAL SYDNEY PLANNING COMMITTEE 6 DECEMBER 2007
A fully detailed signage strategy for the development including information and scale drawings of the location, type, general construction, materials and total number of signs appropriate for the building shall be submitted to and be approved by Council prior to the issue of a Construction Certificate.
(11) SIGNS - SEPARATE DA REQUIRED
A separate development application for any proposed signs which are externally fitted or applied or set behind the glass line of retail/commercial tenancies and are visible from the street must be submitted for the approval of Council prior to the erection or display of any such signs.
(12) SIGNS/GOODS IN THE PUBLIC WAY
(13) NOISE - USE
(14) NOISE - MECHANICAL PLANT
(15) RESTRICTION OF GROCERY AND CONVENIENCE RETAILING
(a) 2866 sqm of retail floor space on level L01 is approved as basement “grocery or convenience retailing” as defined in the Central Sydney LEP 1996.
(b) This floor space area has been excluded from the calculation of Floor Space consistent with the definition of Floor Space Area contained in the Central Sydney LEP 1996.
(c) This amount of floor space on Level L01 must be maintained as “grocery or convenience retailing” as defined in the Central Sydney LEP 2005.
(d) Prior to an Occupation Certificate being issued, a documentary restrictive covenant to the effect that 2866 sqm of floor space on Level L01 of the building has been approved as basement grocery or convenience retailing as defined in the Central Sydney LEP 2005 and has been excluded from floor space for the purposes of calculating floor space ratio is to be registered on the Title of the development site pursuant to section 88E of the Conveyancing Act 1919. The covenant is to be created appurtenant to Council and at no cost to Council.
(16) RESTRICTION ON USE OF CAR SPACES – COMMERCIAL WITH NO STRATA SUBDIVISION
(17) SECTION 61 CONTRIBUTIONS PAYABLE - REGISTERED QUANTITY SURVEYOR'S DETAILED COST REPORT - SUBMITTED AND VERIFIED PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE
A cash contribution comprising 1% of the total cost of the development, is payable to the City of Sydney pursuant to section 61 of the City of Sydney Act 1988 and the Central Sydney Contribution (Amendment) Plan 2002 in accordance with the following:
DEVELOPMENT APPLICATION: WESTFIELD - CENTREPOINT, IMPERIAL ARCADE AND SKYGARDEN 20100312
CENTRAL SYDNEY PLANNING COMMITTEE 6 DECEMBER 2007
(a) Prior to a Construction Certificate being issued, evidence must be provided of Council’s written verification of the amount of the contribution as required in (b) below, and then that the levy has been paid to the Council in accordance with this condition. Payment may be by EFTPOS (debit card only), CASH or a BANK CHEQUE made payable to the City of Sydney. Direct debit, personal or company cheques will not be accepted.
(b) The contribution must not be paid to the City of Sydney until it is accompanied by separate written verification by the City of Sydney of the specific amount payable. In order to obtain such verification, the “City of Sydney Registered Quantity Surveyor's Detailed Cost Report” indicating the itemised cost of the development must be completed and submitted to Council by the Principal Certifying Authority (PCA), together with copies of the plans the subject of the application for the Construction Certificate. A copy of the required format for the “City of Sydney Registered Quantity Surveyor's Detailed Cost Report” may be obtained from the City of Sydney One Stop Shop, any of the Neighbourhood Service Centres and the City of Sydney’s website (www.cityofsydney.nsw.gov.au).
(c) The Council will consider the documentation submitted under subclause (b) and determine the cost of the proposed development having regard to the information submitted and to such other matters as it considers appropriate and will notify the PCA accordingly.
(d) The items to be included in the calculation of the cost of development are demolition works, site remediation including decontamination, excavation and site preparation, construction costs, fit out, professional fees as part of the design (including design competitions) documentation and implementation process, fixed building machinery, equipment and appliances, kitchens and bar areas, car parking, air conditioning plant and equipment, services (fire, mechanical ventilation, electrical, hydraulic), ceilings, fire protection devices, installation of services (power, water, sewer, telephone), lifts and other essential machinery, floor coverings, Building Code of Australia compliance works, replacement of existing materials, fixtures and fittings, construction related insurance, assessment and construction related fees, charges and GST and any other matter not expressly excluded in (e) below.
(e) The items to be excluded in the calculation of the cost of development are the cost of land, marketing expenses (excluding display suites etc), finance and interest, building insurance after practical completion, drapery, commercial stock inventory, loose furniture, loose equipment, loose electrical appliances, minor maintenance of existing retained fixtures (patching, repainting) and stamp duty.
(f) The amount of Section 61 contribution payable may be reduced by an amount equivalent to the cost of works provided in lieu of the contribution in respect of the upgrade of Pitt Street Mall in addition to the general public domain works required by other conditions of this consent. This amount is to be agreed with Council.
DEVELOPMENT APPLICATION: WESTFIELD - CENTREPOINT, IMPERIAL ARCADE AND SKYGARDEN 20100312
CENTRAL SYDNEY PLANNING COMMITTEE 6 DECEMBER 2007
(18) VEHICLE PARKING
Vehicle parking must be allocated as detailed in the in the approved plans as follows:
(a) 188 commercial tenant parking spaces.
(b) 70 service vehicle spaces.
(c) 15 motor bike parking spaces.
(d) 189 bicycle parking spaces
All spaces must be appropriately line-marked and labelled according to this requirement prior to the issue of an Occupation Certificate. If the development is to be strata subdivided, the car park layout must respect the required allocation:
(19) SERVICE VEHICLES
Adequate space must be provided to allow manoeuvring and turning of the different sized vehicles. The design, layout, signage, line marking, lighting and physical controls for all service vehicles must comply with the minimum requirements of Australian Standard AS 2890.2 – 2002 Off-Street Parking Part 2: Commercial vehicle facilities. Details of compliance must be submitted to and approved by the Principal Certifying Authority prior to the issue of a Construction Certificate.
(20) ACCESSIBLE CAR PARKING SPACES
(a) A minimum of two accessible car parking spaces measuring 3.2m x 5.5m minimum (with a minimum headroom of 2.5m) must be provided.
(b) These spaces shall be clearly marked as accessible parking for people with mobility impairment and appropriately located close to lifts. The design and layout of accessible car parking is to be provided in accordance with Australian Standard AS/NZS 2890.1 - 2004 Parking facilities Part 1: Off-street car parking and the ‘City of Sydney Access Development Control Plan 2004.
(c) Details must be submitted to and approved by the Principal Certifying Authority prior to a Construction Certificate being issued.
(21) BICYCLE PARKING
The layout, design and security of bicycle facilities either on-street or off- street must comply with the minimum requirements of Australian Standard AS 2890.3 – 1993 Parking Facilities Part 3: Bicycle Parking Facilities except that:
(a) all bicycle parking for staff / employees of any land uses must be Class 2 bicycle facilities, and
(b) all bicycle parking for visitors of any land uses must be Class 3 bicycle rails.
DEVELOPMENT APPLICATION: WESTFIELD - CENTREPOINT, IMPERIAL ARCADE AND SKYGARDEN 20100312
CENTRAL SYDNEY PLANNING COMMITTEE 6 DECEMBER 2007
(22) EXTERNAL LIGHTING
A separate development application is required to be lodged and approved prior to any external floodlighting or illumination of the building.
(23) RAILCORP CONCURRENCE CONDITIONS
(a) All structures which are proposed for construction or installation, or which are constructed or installed, in connection with the approved development which have a potential impact on the Redfern to Chatswood Rail Link must be designed, constructed and maintained in accordance with design criteria specified by Railcorp.
(b) The design and construction of the basement levels and foundations for the approved development are to be completed to the satisfaction of Railcorp.
(c) No modifications may be made to that approved design without the consent of Railcorp.
(d) Railcorp, and persons authorised by it for this purpose, are entitled to inspect the site of the approved development and all structures to enable it to consider whether those structures on that site have been or are being constructed and maintained in accordance with these conditions of consent, on giving reasonable notice to the principal contractor for the approved development or the owner or occupier of the part of the site to which access is sought.
(e) A detailed regime is to be prepared for consultation with, and approval by, Railcorp for the excavation of the site and the construction of the building foundations for the approved development, which may include geotechnical and structural certification in the form required by Railcorp.
(f) All requirements contained in the Agreement between Railcorp and the owners of the site must be satisfied during construction and, where appropriate, the operation of the approved development.
(g) Copies of any certificates, drawings or approvals given to or issued by Railcorp must be delivered to the City for its records.
(h) Prior to the issue of a Construction Certificate, a restrictive covenant is to be created upon each of the titles which comprise the approved development pursuant to Section 88E of the Conveyancing Act 1919, restricting any alterations or additions to any part of the approved development which are reasonably likely to adversely affect, or which otherwise are likely to interfere with the design, construction and operation of the proposed Redfern to Chatswood Rail Link without the prior written consent of Railcorp.
DEVELOPMENT APPLICATION: WESTFIELD - CENTREPOINT, IMPERIAL ARCADE AND SKYGARDEN 20100312
CENTRAL SYDNEY PLANNING COMMITTEE 6 DECEMBER 2007
SCHEDULE 1B
Prior to Construction Certificate/Commencement of Work/Health and Building
Note: Prior to the issue of the Construction Certificate, sufficient information must be forwarded to the certifying authority (whether Council or a private accredited certifier) illustrating compliance with the relevant requirements of the Building Code of Australia (and a copy forwarded to Council where Council is not the certifying authority). If Council is to be the certifying authority, please contact the Building Unit to discuss the requirements prior to submission of the application for construction certificate.
(24) CONSERVATION WORKS TO RETAINED HERITAGE FACADES
The retained heritage facades to the Skygarden building are to be conserved to the highest standard as part of the proposed development in order to ensure a long service life. Works may include:
(a) Structural repairs; Repair of stucco/render;
(b) Installation or replacement of lead weatherings to cornices, parapets and architectural details;
(c) Repair of joinery;
(d) Painting of joinery;
(e) Stonework repairs; repointing of stone joints; and
(f) Roof repairs to the pavilion tower.
A detailed schedule of works for the facades shall be submitted for the approval of Council prior to the issue of a Construction certificate and all approved works shall be carried out to the satisfaction of Council prior to the issue of an Occupation Certificate.
(25) GENERAL HERITAGE
(26) USE OF CONSERVATION ARCHITECT
(27) HERITAGE INTERPRETATION STRATEGY
(a) An interpretation strategy for the site must be submitted to and approved by Council, prior to a Construction Certificate being issued.
(b) The interpretation strategy must detail how information on the history and significance of the site will be provided for the public and make recommendations regarding public accessibility, signage and lighting. Public art, details of the heritage design, the display of selected artefacts are some of the means that can be used. The strategy should refer to former uses of the site and, in particular, the evolution of shopping arcades on this site since the nineteenth century. It should also acknowledge the iconic status of Centrepoint Tower.
(c) The approved strategy must be implemented to the satisfaction of Council prior to the issue of an Occupation Certificate.
DEVELOPMENT APPLICATION: WESTFIELD - CENTREPOINT, IMPERIAL ARCADE AND SKYGARDEN 20100312
CENTRAL SYDNEY PLANNING COMMITTEE 6 DECEMBER 2007
(28) MATERIALS AND FINISHES TO MATCH EXISTING
(29) COLOUR SCHEME
(30) COMMEMORATIVE PLAQUE
A commemorative plaque, recording the names of the developer, architect, consent authority and year of completion of construction must be installed on the building prior to occupation. The design, location and wording must be submitted to and approved by Council prior to an Occupation Certificate being issued.
(31) PHOTOGRAPHIC ARCHIVAL DOCUMENTATION – MAJOR WORKS
(32) ARCHAEOLOGICAL DISCOVERY DURING EXCAVATION
(33) WASTE AND RECYCLING MANAGEMENT - COMMERCIAL
(34) WASTE AND RECYCLING COLLECTION CONTRACT
(35) NO DEMOLITION PRIOR TO A CONSTRUCTION CERTIFICATE
(36) CONSTRUCTION LIAISON COMMITTEE
(a) Prior to the commencement of work, a Construction Liaison Committee is to be established by the developer to ensure that demolition and construction related impacts (including construction noise and vibration, loading, issues associated with construction workers and vehicles, traffic issues, management of the construction site) from the site can be dealt with expeditiously and co-operatively.
(b) The committee is to be comprised of interested parties representing potentially affected properties adjacent to and surrounding the site and interest groups, these may include but are not restricted to:
(i) properties on Castlereagh Street (between King Street and Market Street);
(ii) properties on Market Street (between Castlereagh Street and Pitt Street Mall);
(iii) properties on Pitt Street Mall (between King Street and Market Street);
(iv) David Jones;
(v) Goddard Nominees Pty Ltd;
(vi) The Tower Apartments;
(vii) Sydney Buses;
(viii) The Taxi Council of NSW.
DEVELOPMENT APPLICATION: WESTFIELD - CENTREPOINT, IMPERIAL ARCADE AND SKYGARDEN 20100312
CENTRAL SYDNEY PLANNING COMMITTEE 6 DECEMBER 2007
(c) The committee shall meet prior to the submission of the final Construction Management plan to Council and prior to commencement of works on the site to address initial areas of concern and then at monthly intervals or as considered appropriate by the Committee throughout the construction process. Details of the consultation with the adjoining sites must be submitted to and approved by Council prior to the commencement of work.
(d) Prior to the commencement of work, the Site Manager is to provide the members of the committee and all immediately adjacent/adjoining properties 24 hour contact details (including location of site office and 24 hour phone number), to ensure that any matters which arise during the construction period are addressed immediately. The site manager shall be available during normal business hours to provide information to the public about activities on site and to bring any complaints to the attention of the applicant.
(e) A register of all complaints received shall be kept by the applicant through out the duration of the project, and the register to be made available to Council on request.
(37) CONSTRUCTION AND TRAFFIC MANAGEMENT
(a) Prior to the issue of a Construction Certificate a final detailed Construction and Traffic Management Plan shall be submitted and approved by Council.
(b) The preparation of the plan shall be drawn up in consultation with adjoining/surrounding premises and in particular shall give full consideration to the comments contained in the submissions made by:
(i) David Jones dated 27 August 2007; and
(ii) RESNET dated 17 August 2007; and
(iii) HWL, on behalf of Goddard Nominees Pty Ltd, dated 3 August 2007.
(c) Evidence of consultation undertaken shall be submitted with the construction management plan.
(d) With regards to pedestrian amenity the construction management plan is to incorporate provision for raised hoarding mechanisms to be used in the construction of the development which are designed to cantilever over the footway on all street frontages.
(38) DEMOLITION, EXCAVATION AND CONSTRUCTION MANAGEMENT
(39) EROSION AND SEDIMENT CONTROL – MORE THAN 2,500SQM
(40) DILAPIDATION REPORT – MAJOR EXCAVATION/DEMOLITION
(41) ROAD OPENING PERMIT
(42) TEMPORARY GROUND ANCHORS, TEMPORARY SHORING AND PERMANENT BASEMENT/RETAINING WALLS
DEVELOPMENT APPLICATION: WESTFIELD - CENTREPOINT, IMPERIAL ARCADE AND SKYGARDEN 20100312
CENTRAL SYDNEY PLANNING COMMITTEE 6 DECEMBER 2007
(43) REMEDIATION
The developer shall strictly adhere to all of the recommendations listed in the auditors Contamination Management Plan and its subsequent review, approval, validation and implementation.
A copy of the Contamination Management Plan and all documentation created during the works performed by the recommended activities shall be submitted to Council.
(44) CONTAMINATION
(45) LANDSCAPING OF THE SITE
A detailed landscape plan for the roof top terrace area, drawn to scale, by a landscape architect or approved landscape consultant, must be submitted to and approved by Council prior to a Construction Certificate being issued.
(46) SYDNEY WATER CERTIFICATE (NEW DEVELOPMENT)
(47) UTILITY SERVICES
(48) ACCESS AND FACILITIES FOR PERSONS WITH DISABILITIES
(49) ECOLOGICALLY SUSTAINABLE DEVELOPMENT
The development shall incorporate all ESD initiatives detailed in the Sustainability Report prepared by Cundall Johnson and Partners and the development shall attain the following minimum criteria:
(a) 85 Castlereagh Street
(i) A 5 star ABGR Rating, a 5 Star Greenstar Rating, a minimum 30% reduction in energy and 80% reduction in water use.
(b) 100 Market Street
(i) A 5 star ABGR Rating, a 5 Star Greenstar Rating, a minimum 30% reduction in energy and 80% reduction in water use.
(c) Retail Centre
(i) A 5 Star Greenstar Rating, a minimum 25% reduction in energy and 50% reduction in water use.
(d) Skygarden office tower
(i) A 4.5 star ABGR Rating, a 4 Star Greenstar Rating and a minimum 30% reduction in energy.
Certification shall be provided to Council prior to the issue of an Occupation Certificate that all initiatives have been implemented sufficient to attain these standards.
(50) INSTALLATION OF DUAL-FLUSH TOILETS
DEVELOPMENT APPLICATION: WESTFIELD - CENTREPOINT, IMPERIAL ARCADE AND SKYGARDEN 20100312
CENTRAL SYDNEY PLANNING COMMITTEE 6 DECEMBER 2007
(51) INSTALLATION OF WATER EFFICIENT TAPS
(52) INTERNAL LIGHTING SYSTEM
(53) REFLECTIVITY
The Principal Certifying Authority must ensure that the visible light reflectivity from building materials used on the facade of the building does not exceed 16%.
(54) PHYSICAL MODELS
(55) SUBMISSION OF ELECTRONIC MODELS PRIOR TO CONSTRUCTION CERTIFICATE AND PRIOR TO OCCUPATION CERTIFICATE
(56) DEMOLITION/SITE RECTIFICATION (if cost is over $50m)
The following conditions apply to the development:
(a) Demolition or excavation must not commence until a Construction Certificate has been issued for construction of the substantive building.
(b) Prior to the Construction Certificate being issued, documentary evidence must be provided to Council that the owner of the site has entered into a Deed wwith Council, the cost of preparation and execution of such Deed (including stamp duty and registration fees) to be borne by the applicant, which contains such conditions as the Council reasonably requires to ensure the matters set out in this condition are adequately provided for.
(c) Without limiting the generality of paragraph (b), the Deed must provide for:
(i) a bank guarantee to be provided in the sum of $2,844,500 dollars as security for the costs of such works provided that:
a. the maximum liability under the Deed must not exceed $2,844,500 dollars; and
b. the Council may accept a lesser amount as security if substantiated by detailed design and Quantity Surveyor costing for works which meet the objectives of the condition.
(ii) Council to be given sufficient contractual rights to be able to ensure that in any of the following events namely:
a. demolition of the existing building has commenced but not been completed;
b. the existing building has been demolished; or
c. the site has been excavated; or
d. the structure has commenced to be erected;
DEVELOPMENT APPLICATION: WESTFIELD - CENTREPOINT, IMPERIAL ARCADE AND SKYGARDEN 20100312
CENTRAL SYDNEY PLANNING COMMITTEE 6 DECEMBER 2007
that it, or any person authorised by it, may enter the site and carry out such works at the cost of the applicant (or such other person as the consent authority may approve) as may be then appropriate in the circumstances in each of the abovementioned events, to:
e. make the building safe and attractive at ground level;
f. allow the ground level to be landscaped and made attractive from any public vantage point; or
g. for the hole to be covered to allow it to be landscaped and made attractive from any public vantage point; or
h. in the event that the new building is constructed beyond the ground floor, to allow any hoardings to be removed and the ground floor development to be completed to a tenantable stage;
AND to call on such bank guarantee to cover the cost thereof.
(d) If the site is commenced to be developed and there is suspension in activity for 6 months (or suspensions of activity which in the aggregate exceed 6 months), resulting in an unattractive building site appearance, then the Council will have the readily enforceable rights to:
(i) require certain works including but not limited to those works necessary to achieve the results referred to in sub-clause (c) (ii)e - h to take place on the site; and
(ii) in the event of default, must have the right to enter and carry out these works and to call upon security in the nature of a bank guarantee to cover the cost of the works.
(e) The Deed may, if the Director City Planning is satisfied, provide for an adjustment of the guarantee amount during the course of construction to reflect that, as the development progresses, the likelihood and nature of the appropriate site rectification works may change. The stages of reduction will be:-
(i) Stage 1 – Completion of the site excavation and all construction works necessary to complete all parts of the Development to street level, including sealing of the slab at that level.
(ii) Stage 2 – Completion of all construction works necessary to complete the structure of the Development to the roof level.
(iii) Stage 3 – Release of the Final Occupation Certificate.
(f) If a claim for an adjustment is made, the Deed must also provide that any such claim is to be supported by the following:-
(i) Certification (from the Private Certifier or Council) that the relevant stage is complete;
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(ii) Detailed schedule of completed works carried out in the relevant stage;
(iii) Quantity Surveyors costing of the likely site rectification works required at each remaining stage.
(57) FOOTPATH DAMAGE BANK GUARANTEE
(58) APPLICATION FOR HOARDINGS AND SCAFFOLDING ON A PUBLIC PLACE
(a) A separate application is to be made to Council for approval to erect a hoarding or scaffolding in a public place and such application is to include:-
(i) Architectural, construction and structural details of the design in accordance with the Policy for the Design and Construction of Hoarding (September 1997) and the Guidelines for Temporary Protective Structures (April 2001).
(ii) Structural certification prepared and signed by an appropriately qualified practising structural Engineer.
(iii) Evidence of the issue of a Structural Works Inspection Certificate and structural certification will be required prior to the commencement of demolition or construction works on site.
(iv) Assessment of the impacts of construction and final design upon the City of Sydney’s street furniture such as bus shelters, phone booths, bollards and litter bins and JCDecaux street furniture including kiosks, bus shelters, phones, poster bollards, bench seats and littler bins. The applicant is responsible for the cost of removal, storage and reinstallation of any of the above as a result of the erection of the hoarding. In addition, the applicant will be responsible for meeting Council's lost revenue as a result of the removal of street furniture. Costing details will be provided by Council. The applicant must also seek permission from the telecommunications carrier (eg Telstra) for the removal of any public telephone.
(b) Should the hoarding obstruct the operation of Council’s CCTV Cameras, the applicant shall relocate or replace the CCTV camera within the hoarding or to an alternative position as determined by Council’s Contracts and Asset Management Unit for the duration of the construction of the development. The cost of relocating or replacing the CCTV camera is to be borne by the applicant. Further information and a map of the CCTV cameras is available by contacting Council’s CCTV Unit on 9265 9232.
(c) The hoarding must comply with the Councils policies for hoardings and temporary structure on the public way and graffiti must be removed from the hoarding within one working day.
(59) BARRICADE PERMIT
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(60) STRATA SUBDIVISION – SEPARATE DA REQUIRED
(61) LOT CONSOLIDATION
(62) PUBLIC ART
(a) The following shall be submitted to and be approved by Council prior to the issue of a Construction Certificate:
(i) Detailed concepts for the provision of high quality art work within the development in publicly accessible locations eg. near main entrances, lobbies and street frontages, in accordance with the Central Sydney DCP 1996 and the Public Art Policy; and
(ii) Detailed concepts for the design and treatment of the construction hoardings to be used to incorporate artworks so as to make a positive contribution to the public domain during construction.
(b) The public art concepts shall be prepared by a person with expertise in public art.
(c) With regard to the construction hoardings the concepts shall incorporate the provision of existing recognised art works and/or the provision of specifically commissioned artworks and shall not just consist of the provision of commercial retail images.
(d) Funding of the public art shall be in addition to Section 61 contributions and public domain upgrades.
(e) The approved public art shall be implemented on site prior to the issue of an Occupation Certificate.
(63) PUBLIC DOMAIN PLAN – MARKET STREET AND CASTLEREAGH STREET FRONTAGES
(a) Three copies of a detailed Public Domain Plan must be prepared by an architect, urban designer or landscape architect and must be approved by Council (to be lodged with the Public Domain Section) prior to a Construction Certificate being issued. It is recommended that draft plans should be submitted for comment prior to formal submission for approval.
(b) The Public Domain Plan must be prepared in accordance with the City of Sydney’s Public Domain Manual. The works to the public domain are to be completed in accordance with the approved plan and the Public Domain Manual before prior to the issue of an Occupation certificate for the development.
(c) The improvement of the Market Street and Castlereagh Street public domain frontages shall be in addition to Section 61 contributions for the development.
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(d) NB: A security deposit is to be lodged with the City of Sydney for the public domain works, in accordance with the City of Sydney’s adopted standard fees and charges, prior to the issue of a Construction certificate.
(64) PUBLIC DOMAIN PLAN – PITT STREET MALL
(a) Three copies of a detailed Public Domain Plan must be prepared by an architect, urban designer or landscape architect for Pitt Street Mall frontages of the site consisting of the full width of Pitt Street Mall between the subject site and Sydney Central Plaza development and half the width of Pitt Street Mall where it adjoins the remainder of the development site.
(b) The Public Domain Plan shall be submitted for approval of Council within 6 months of the issue of the first Construction certificate for the Development.
(c) The design and Public Domain Plan for Pitt Street Mall must be undertaken in consultation with Council as part of a coordinated design for the entire Pitt Street Mall Area, and must be in accordance with all other agreements made between Council and the applicant for Pitt Street Mall. The Public Domain plan for Pitt Street Mall must be approved by Council prior to works commencing in the Pitt Street Mall public domain.
(d) The improvement of the Pitt Street Mall frontages of the site consisting of the full width of Pitt Street Mall between the subject site and Sydney Central Plaza development and half the width of Pitt Street Mall where it adjoins the remainder of the development site be in addition to Section 61 contributions for the development.
(e) All works to the Pitt Street Mall are to be completed in accordance with the approved plans and the Public Domain manual prior to the issue of an Occupation certificate for the development.
(65) ALIGNMENT LEVELS - MARKET STREET AND CASTLEREAGH STREET FRONTAGES
(a) Prior to the issue of a Construction Certificate footpath alignment levels for the Market Street and Castlereagh street frontages must be submitted to Council for approval.
(b) The alignment levels submission must be prepared in accordance with the City of Sydney’s Public Domain Manual.
(c) These alignment levels, as approved by Council, are then to be incorporated into the plans submitted with the application for a Construction Certificate.
(66) ALIGNMENT LEVELS – PITT STREET MALL
(a) Footpath alignment levels for the Pitt Street Mall must be approved by Council prior to works commencing in Pitt Street Mall.
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(b) The alignment levels submission must be prepared in accordance with the City of Sydney’s Public Domain Manual and must be submitted in conjunction with the Public Domain Plan for the Pitt Street Mall area.
(67) RECEPTACLES FOR CIGARETTE BUTTS
(68) STORMWATER AND DRAINAGE - MAJOR DEVELOPMENT
(69) MECHANICAL VENTILATION
(a) The premises must be ventilated in accordance with the Building Code of Australia and AS1668.1-1998 & AS1668.2-1991.
(b) Details of any mechanical ventilation and/or air conditioning system complying with AS1668.1-1998 & AS1668.2-1991, the Building Code of Australia and relevant Australian Standards must be prepared by a suitably qualified person certified and certified in accordance with Clause A2.2(a)(iii) of the Building Code of Australia, to the satisfaction of the Certifying Authority prior to the issue of a Construction Certificate.
(c) Prior to issue of an Occupation Certificate and following the completion, installation, and testing of all the mechanical ventilation systems, a Mechanical Ventilation Certificate of Completion and Performance in accordance with Clause A2.2(a)(iii) of the Building Code of Australia, must be submitted to the Principal Certifying Authority.
(70) CONTINUED PERFORMANCE OF MECHANICAL VENTILATION
(71) CAR PARK VENTILATION
(72) MICROBIAL CONTROL
(73) AIR HANDLING
(74) CONTROL OF LEGIONNAIRES DISEASE
(75) STRUCTURAL CERTIFICATION FOR DESIGN – BCA (ALL BUILDING CLASSES)
(76) CERTIFICATION OF GEOTECHNICAL INSPECTION
(77) GEOTECHNICAL REPORT AND CERTIFICATION
(78) BCA COMPLIANCE - ALTERATIONS AND ADDITIONS - UPGRADE OF WHOLE OR PART OF BUILDING IS REQUIRED (CC REQUIRED)
(79) BCA - NEW BUILDINGS WORKS - CLASS 2-9 BUILDINGS
(80) ANNUAL FIRE SAFETY STATEMENT FORM
(81) FIRE SAFETY CERTIFICATE TO BE SUBMITTED
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SCHEDULE 1C
During Construction/Prior to Occupation/Completion
(82) OCCUPATION CERTIFICATE TO BE SUBMITTED
(83) HOURS OF WORK AND NOISE – CBD
(84) SITE NOTICE OF PROJECTS DETAILS AND APPROVALS
(85) USE OF APPLIANCE OF A HIGHLY INTRUSIVE NATURE
(86) LIGHTING OF SITE OUTSIDE OF STANDARD CONSTRUCTION HOURS
(87) NOTIFICATION OF EXCAVATION WORKS
(88) SYDNEY WATER CERTIFICATE
(89) EROSION AND SEDIMENT CONTROL
(90) PROTECTION OF STREET TREES DURING CONSTRUCTION
(91) CONNECTION TO SEWERS OF SYDNEY WATER CORPORATION
(92) HAZARDOUS AND INDUSTRIAL WASTE
(93) COVERING OF LOADS
(94) VEHICLE CLEANSING
(95) LOADING AND UNLOADING DURING CONSTRUCTION
(96) NO OBSTRUCTION OF PUBLIC WAY
(97) ACCESS DRIVEWAYS TO BE CONSTRUCTED
(98) USE OF MOBILE CRANES
(99) STREET NUMBERING – MAJOR DEVELOPMENT
(100) SHOP NUMBERING
(101) STREET NAME PLATE
SCHEDULE 2
The prescribed conditions in accordance with Clause 98 of the Environmental Planning and Assessment
DEVELOPMENT APPLICATION: WESTFIELD - CENTREPOINT, IMPERIAL ARCADE AND SKYGARDEN 20100312
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BACKGROUND
The Site and Surrounding Development
1. The site is located in the CBD retail core and consists of the following properties:
(a) Centrepoint (80-112 Market Street, 184-190 Market Street and 89-111 Castlereagh Street);
(b) Imperial Arcade (168-174 Pitt Street and 83-87 Castlereagh Street); and
(c) Skygarden (162-166 Pitt Street and 77-83A Castlereagh Street).
2. A site location plan is provided below:
Lot 10 DP 775619
Lot B DP 107798
Lot 1 DP 736678
Lot 1 DP 1029020
Figure 1: Site location plan
3. The site has frontages to Pitt Street Mall, Market Street and Castlereagh Street.
4. Levels fall across the site from the north east to the south west by approximately 4m. The site has an area of 11,377.8 sqm.
5. Vehicle access to the site is proposed off King Street via the existing access through the Glasshouse (not part of the application site) which currently serves that site and the Skygarden site.
History of Development Applications Relevant to this Site
DA 2003/00108
6. Westfield previously submitted a Stage 1 DA (2003/00108) for the Centrepoint site in February 2003.
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7. This DA sought consent for the redevelopment of the site including the addition of 3 new residential towers (clustered around the Centrepoint Tower), replacement of the two pedestrian bridges across Market and Castlereagh Streets with new bridges, provision of a pedestrian tunnel under Pitt Street Mall to the Sydney Central Plaza and vehicle access via King Street. This DA did not seek consent for a specific number of car spaces although the indicative unit mix for the residential towers suggested a provision in the order of 500 spaces.
8. The application was subsequently amended to delete one of the residential towers, amend the built form of the remaining residential towers, delete the proposed works to the existing pedestrian bridges over Castlereagh and Market Streets and provide a single vehicular crossing on Castlereagh Street.
9. In April 2004 the applicant appealed to the Land and Environment Court against the deemed refusal of the development application.
10. The DA was subsequently withdrawn and the appeal discontinued.
DA 2005/02105
11. Stage 1 development consent for the redevelopment of the site was approved by the CSPC on 8 August 2006.
12. The Stage 1 consent granted consent for:
(a) The building envelope of the retail podium, ATO and office tower;
(b) The general arrangement of uses within the development being;
(i) basement level car parking and servicing, storage, plant, kitchen and retail;
(ii) retail podium;
(iii) ATO offices and childcare centre; and
(iv) Office tower.
(c) The general arrangement of the internal retail podium layout including access points, through site links and the provision of a centrally located north/south mall;
(d) The general ground/podium level access arrangements to the proposed office tower; and
(e) The general arrangement of vehicle access and car parking.
13. A Section 96 amendment to the Stage 1 development consent was approved by the CSPC on 15 November 2007.
14. The main change to the Stage 1 consent approved under this application related to the form of the commercial tower envelope.
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PROPOSAL
15. The application seeks Stage 2 development consent for a mixed retail and commercial development comprising:
(a) three basement levels accommodating car parking, servicing areas and plant to service the development (parking for 188 cars and 70 service vehicles);
(b) a retail podium building incorporating seven retail levels and including 54,377.3 sqm of retail floor space;
(c) alterations and additions to the Australian Tax Office (ATO) building at the base of the Centrepoint Tower to provide 30,776.4 sqm of commercial floor space and a child care centre of 448.5 sqm;
(d) a new commercial office tower to the north of the existing Centrepoint Tower to provide 36,810.6 sqm of commercial floor space.
16. The detailed description of the development taken from the applicants Statement of Environmental effects is reproduced in Attachment A.
17. Plans and elevations of the development are provided in Attachment B.
18. Photomontages of the Development are provided in Attachment C.
19. Photomontages and plans of the development illustrating the proposed built form and architecture of the development are provided below.
Figure 2: Corner of Market Street and Pitt Street Mall
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Figure 3: Market Street
Figure 4: Corner of Market Street and Castlereagh Street
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Figure 5: Pitt Street Mall adjacent to Skygarden
Figure 6: Aerial view of tower
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Figure 7: Pitt Street Mall elevation
Figure 8: Castleragh Street elevation
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Figure 9: Market Street elevation
IMPLICATIONS OF THE PROPOSAL
Section 79C Evaluation
20. An assessment of the proposal under Section 79C of the Environmental Planning and Assessment Act 1979 has been made, including the following:-
Section 79C(1)(a) Environmental Planning Instruments, DCP's and Draft Instruments.
State Environmental Planning Policy No. 11 – Traffic Generating Developments
21. SEPP 11 requires that the development application be referred to the Sydney Regional Development Advisory Committee (SRDAC) for comment.
22. SRDAC considered the application on 24 October 2007.
23. SRDAC did not object to the development in principle but raised concerns/provided comment in respect of the following:
(a) The proximity of the proposed Castlereagh Street construction loading dock and the existing bus stop on the opposite side of the street;
(b) The requirement for the RTA to approve revised traffic signals for the relocated signalised pedestrian crossing;
(c) The requirement for the RTA to approve the closure of a lane in Castlereagh Street during the construction of the development;
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(d) That the developer pay all relevant RTA fees;
(e) That ramp grades, aisle widths, parking bays etc. conform to the relevant Australian Standards; and.
(f) That all loading/unloading facilities and truck manoeuvring areas are to Council’s satisfaction.
24. Relevant conditions are contained in the recommendation to address these matters.
SEPP 63 – Major Transport Projects
25. The proposed development is subject to the concurrence of Railcorp under the provisions of SEPP 63 as the development site lies within the identified Metro Pitt Rail alignment corridor.
26. Railcorp has granted its concurrence to the development subject to conditions. These conditions are contained in the recommendation.
SEPP 55 – Remediation of Land/City of Sydney Contaminated Land DCP 2004
27. SEPP 55 provides that a consent authority must not consent to the carrying out of any development on land unless:
(a) it has considered whether the land is contaminated, and
(b) if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out, and
(c) if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose.
28. The provisions of SEPP 55 are effectively replicated in the City of Sydney Contaminated Land DCP 2004.
29. Remediation of the site was considered as part of the Stage 1 DA process and the site was considered suitable for the proposed development. In this regard the site has been subject of a detailed environmental site assessment carried out by Graeme Nyland, EPA Accredited Site Auditor 9808. The auditor concludes that the site can be made suitable for the proposed development with a small amount of additional investigation and remediation which could be conducted in association with the construction of the development. The auditor makes a list of detailed recommendations to be contained in the required Contamination Management Plan.
30. Council’s health Unit raises no objection to the development subject to conditions.
Draft SEPP 66 – Integration of Land Use and Transport
31. SEPP 66 seeks to minimise demand for travel and use of cars by including parking requirements designed to discourage car use in areas with good public transport access.
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32. This matter was considered as part of the Stage 1 DA process. The nature of the proposed development and number of car spaces to be provided was considered suitable. The proposed Stage 2 DA which proposes the provision of 188 tenant car spaces and 70 service vehicle spaces is consistent with the approved Stage 1 DA in this regard.
Sydney Local Environmental Plan 2005
33. The original Stage 1 development application was lodged on 7 December 2005 prior to the gazettal of LEP 2005 on 9 December 2005. The savings provisions at Clause 14 of LEP 2005 have the effect that the Stage 1 DA be determined under the provisions of LEP 1996.
34. Similarly the provisions have the effect that a Stage 2 DA that is substantially in accordance with a Stage 1 DA approved under LEP 1996 should also be determined under the provisions of LEP 1996.
35. The Stage 2 DA is substantially in accordance with the approved Stage 1 DA (as amended) and as such is subject to the provisions of LEP1996.
Central Sydney LEP 1996
36. Compliance of the proposal with the LEP controls is summarised below:
COMPLIANCE WITH CENTRAL SYDNEY LEP 1996
Development Permissible under Central Proposal as assessed Controls Sydney LEP 1996 under Central Sydney LEP 1996
Consistency with Development is to be subject The Stage 2 DA is Development Plan of a Development Plan/Stage substantially consistent with 1 development consent. Stage the Stage 1 approval. 1 development consent has Refer to issues section of been granted (DA 2005/02105) report.
Zoning City centre The proposal is permissible with development consent.
Floor Space Area 142,222 sqm 142,222 sqm
Floor Space Ratio 12.5:1 12.5 : 1 (Site area Excluding 2865.5 sqm of 11,377.8m2) grocery/convenience retailing on level L01 (below ground) Refer to issues section of report.
Floor space to be 50% of the amount of floor Refer to issues section of Allocated space over 8:1 with further report. 50% discount for design competition process.
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Development Permissible under Central Proposal as assessed Controls Sydney LEP 1996 under Central Sydney LEP 1996
Height Max height of new commercial 150.6m above Pitt Street tower restricted by Hyde Park Mall (RL168.46) Sun access plane to 150.6m above Pitt Street Mall.
Parking Max permissible – 228 spaces. 188 spaces proposed.
Special Areas The site has a frontage to the The proposed development, Pitt Street Mall Special Area. is consistent with the objectives of the Special Area subject to amendment. Refer to issues section of report.
Overshadowing of No additional overshadowing The development will not Pitt Street Mall permitted beyond 20m street result in any additional wall height. overshadowing of Pitt Street Mall.
Design Excellence Development is to exhibit Stage 1 consent has (clause 28D) design excellence. previously been granted. The Stage 2 DA is The consent authority must substantially consistent with consider certain matters the approved Stage 1 DA. relating to the achievement of The Stage 2 DA has design excellence. resulted from a design competition and is considered to exhibit design excellence subject to amendment. Refer to issues section of the report.
Central Sydney Heritage LEP 2000
37. The Pitt Street Mall facade of the Skygarden building is a Schedule 2 heritage item.
38. The site is also located in close proximity to and seen in the context of a number of other heritage items including (Schedule 1 and 2):
(a) 412 – 414 George Street - The Strand Arcade;
(b) 158-160 Pitt Street - Soul Pattison (adjoining Skygarden to the north);
(c) 142-144 Pitt Street - Country Road (on the east corner of Pitt Street Mall and King Street);
(d) 181 Pitt Street - Bally (on the west corner of Pitt Street Mall and King Street);
(e) 84 – 110 Castlreagh Street - David Jones;
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(f) 65 – 77 Market Street – David Jones;
(g) the facade of 432 – 450 George – Sydney Central Plaza; and
(h) the facade of 192 Pitt Street (on the south east corner of Pitt Street and Market Street).
39. The Pitt Street Mall facade of the Skygarden is located within a heritage streetscape that extends north along the west side of Pitt Street Mall and Pitt Street.
40. A map showing the location of heritage items in the vicinity of the site is provided below.
Figure 2: Location of heritage items in the vicinity of the site.
41. Refer to issues section of the report relating to the heritage impacts of the development.
Central Sydney DCP 1996
COMPLIANCE WITH THE CENTRAL SYDNEY DCP 1996
Matter to be Considered Compliance Comment
Building to the street alignment 9 Complies: The new buildings Cl 2.1 are built to the street alignment.
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Matter to be Considered Compliance Comment
Street frontage heights 8 Does not comply: This matter Cl 2.2 was addressed in the determination of the Stage 1 DA. The built form of the Stage 2 DA is consistent with the approved Stage 1 DA.
Building setbacks – front; side and 8 Does not comply: This matter rear was addressed in the Cl 2.3 determination of the Stage 1 DA. The built form of the Stage 2 DA is consistent with the approved Stage 1 DA.
Street frontage heights and 8 Does not comply: The street setbacks for special areas Cl 2.4 wall height of the Imperial Arcade component of the podium at approximately 22m exceeds the maximum 20m street wall height for Pitt Street Mall. This is however less than the street wall height of the existing Imperial Arcade which is approximately 27m. This matter was addressed in the determination of the Stage 1 DA. The built form of the Stage 2 DA is consistent with the approved Stage 1 DA.
Street frontage activities 9 Complies: The development Cl 2.5 increases the extent of retail frontages to the street at its lower levels.
Building bulk 9 Complies: Above 120m the Cl 2.6 building is not to exceed 1400 sqm floor area or 25% of site area. The commercial tower has a floor plate of 1056m sqm at 120m. Above this the floor plates reduce.
Building exteriors 8 Does not fully comply: Refer to Cl 2.7 the issues section of the report.
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Matter to be Considered Compliance Comment
Views 9 Complies: This matter was Cl 2.8 addressed in the determination of the Stage 1 DA. Condition 4A of the Stage 1 consent required that the design of the commercial tower consider pedestrian views of Centrepoint Tower from the north on Pitt street Mall. The amended elliptical form of the tower maintains these views. The built form of the Stage 2 DA is consistent with the approved Stage 1 DA.
Extension to Heritage Items 9 Able to comply: Refer to issues Cl 2.9 section of the report.
Mid block connections 9 Complies: This matter was Cl 3.2 addressed in the determination of the Stage 1 DA. Condition 4 of the Stage 1 consent (subsequently deleted by the S96 modification) required that the design of the retail podium layout at Castlereagh Street level be amended to incorporate the provision of an additional connection through to Castlereagh Street. The built form of the Stage 2 DA is consistent with the approved Stage 1 DA (as amended) including the provision of a laneway link to Castlereagh Street. The laneway will provide an interesting element within the scheme and will provide a visual connection both to the existing Centrepoint Tower and the new office tower.
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Matter to be Considered Compliance Comment
Vehicle access and footpath 9 Complies: The development is crossings to be accessed via the existing Cl 3.3 vehicle access from King Street via the Glasshouse thus removing vehicle access points to the site from Pitt Street Mall. The use of this access has been the subject of legal action between the owners, Perpetual Trustee Company Ltd, and Westfield. Both parties have now come to an agreement with regard to the use of the access.
Pedestrian overpasses and 9 Complies: Refer to issues underpasses section of the report. Cl 3.4 Awnings & colonnades 8 Does not comply: Refer to the Cl 3.5 issues section of the report.
Artworks 9 Able to comply: Refer to issues Cl 3.6 section of report.
Paving for street footpaths and 9 Able to comply: Refer to issues public spaces section of report. Cl 3.7 Easy access 9 Able to comply: The Cl 3.8 development is able to satisfy the requirements of the BCA. Lifts are provided within the development for persons to access all floors. Access issues may be addressed by condition of consent.
Sunlight to public spaces 9 Complies: The development will Cl 4.1 not result in additional overshadowing of Pitt Street Mall.
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Matter to be Considered Compliance Comment
Wind standards 9 Able to comply: The Wind Cl 4.2 report prepared by Windtech concludes that wind conditions in Pitt Street Mall, Market Street and Castlereagh Street be equivalent to or better than existing conditions subject to the provision of downturns on the Pitt Street awnings. The report also proposes the provision of a wind screen on the roof top terrace above the Skygarden building. Refer to issues section of the report with regard to the Pitt Street mall awning.
Energy efficiency of buildings 9 Able to comply: The Cl 4.3 development proposes a 5 star ABGR/5 star Green Star commercial tower, a 4.5 star ABGR/4 star Green Star Skygarden office building and a 5 star Green star retail centre. Refer to issues section of the report.
Noise reduction 9 Able to comply: May be Cl 4.4 addressed by condition of consent.
Reflectivity 9 Able to comply: The Reflectivity Cl 4.5 report prepared by Windtech concludes that through a choice of cladding (reflectivity coefficients less than 16%) and facade orientation and design the development will not produce reflections causing either disability glare for passing motorists or unacceptable discomfort glare for pedestrians. May be achieved by condition of consent.
Urban runoff 9 Able to comply: May be Cl 4.6 addressed by condition of consent.
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Matter to be Considered Compliance Comment
External lighting of buildings 9 Able to comply: May be Cl 4.7 addressed by condition of consent.
Design & location of on-site parking 9 Complies: May be addressed by Cl 5.1 condition of consent.
Short stay public car parking 9 Complies: The development Cl 5.2 does not include public car parking. May be addressed by condition of consent.
Parking for people with mobility 9 Able to comply: Disabled impairment parking is identified on the Cl 5.3 submitted plans. May be addressed by condition of consent.
Delivery & service vehicles 8 Does not comply: The number Cl 5.4 of delivery and service vehicle spaces proposed, 70 spaces, falls short of the number of spaces suggested by the DCP, 90 spaces. This matter was addressed in the assessment of the Stage 1 DA and it was determined that 70 spaces was sufficient.
Bicycle and motorcycle parking 9 Complies: Bicycle and Cl 5.5 and 5.6 motorcycle parking is identified on the submitted plans. May be addressed by condition of consent.
Allocation of HFS 9 Able to comply: The Cl 7.4 development will be subject to an allocation of HFS as the FSR of the development exceeds 8:1 and the height of the development exceeds 55m. Refer to issues section of the report.
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Matter to be Considered Compliance Comment
Controls for certain uses 9 Complies: The proposed Cl 9.1 development incorporates the retention of the existing Skygarden bar in a modified form. Other licensed premises may also be proposed. Although acceptable in principle these uses should be subject of separate future DA’s so that issues of management and hours of operation may be addressed. May be addressed by condition of consent.
Development standards - Awnings 8 Does not comply: Refer to the Cl 10.5 issues section of the report.
Competitive process/competitive 9 Complies: Refer to issues design alternatives section of the report. Cl 12.1 and 12.3
ISSUES
42. Issues that require further discussion are discussed in detail below:-
Design Excellence/Competitive Process
43. Clause 28D of LEP 1996 requires that certain matters are considered by the consent authority in determining whether or not the development satisfies design excellence. These are:
(a) That the development exhibits a high standard of architectural design, materials & detailing;
(b) That the form & external appearance of the building improves quality & amenity of the public domain;
(c) Design results from of a competitive process; and
(d) Process established to ensure continuity & to ensure excellence is realised in completed building.
44. The proposal generally satisfies these requirements. Refer below to discussion relating to the proposed awning and Pitt Street Mall facade.
45. A process to ensure continuity and to ensure excellence is realised in the completed building can be addressed by condition of consent.
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46. The design of the Stage 2 proposal results from a design competition process carried out in October/November 2006.
47. The competition included entries from the following architects:
(a) John Wardle Architects (Australia);
(b) La Guarda Low (US);
(c) Ian Simpson Architects (UK) and Peddle Thorpe Walker (Australia);
(d) Ingenhoven Architekten (Germany) and Architectus (Australia);
(e) Crone Partners (Australia); and
(f) Tonkin Zulaikha Greer (Australia).
48. Judges nominated by the Council were:
(a) Philip Thalis - Director, Hill Thalis Architecture and Urban Projects;
(b) Adam Haddow – Director, SJB Architects; and
(c) Professor James Weirick – University of NSW.
49. The competition was won by John Wardle Architects.
Compliance with Stage 1 conditions
50. The Stage 1 development consent contained a number of conditions to be satisfied prior to/as part of the Stage 2 DA. These conditions are discussed in brief below:
Deferred Commencement Condition 1 – required that the consent not operate until the applicant satisfies the Council's Chief Executive Officer that the owners have entered into an Agreement with Rail Corporation NSW (Railcorp). This condition has been satisfied.
Condition 2 – required that the detailed design of the proposed development be subject of a competitive design process. This condition has been satisfied as detailed above.
Condition 3 – required that the detailed design of the proposed development exhibit design excellence. This condition has been generally satisfied subject to some modification. Refer issues section to discussion relating to the proposed awning and the Pitt Street Mall facade.
Condition 4A – required that the detailed design of the proposed commercial tower consider views of the Centrepoint Tower from the north along Pitt Street Mall. This condition has been satisfied with the elliptical shape of the tower maintaining views.
Condition 5 – required that the detailed design of the proposed development be contained within the approved envelope with some exceptions. This condition has been satisfied with the development being contained within the approved envelope (as amended).
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(a) Condition 6 – required that the detailed design of the retail podium layout satisfy a number of criteria. This condition has been satisfied. Part (f) of the condition provides that “Generally, all new internal connection/through site links are to have a minimum total width of 6m. Where such links have a height extending over more than one level consideration can be given to reduced widths subject to adequate justification”. The internal links generally satisfy this condition except where they are constrained by existing structure and/or are required to narrow down where they meet exiting connections (including under passes and bridges) to adjoining development. The laneway element off Castlereagh Street has a width of 4.5m. This is considered acceptable given that it has a height extending over all levels of the retail podium and satisfies the minimum 4.5m requirement in DCP 1996.
Condition 8 – required that the Stage 2 DA provide for a minimum of 70 service vehicle spaces and a maximum of 188 tenant spaces, that the development provide for the servicing of adjacent properties (see below), that adequate parking be provided for people with mobility impairment, bicycles and motorcycles. This condition has been satisfied. Compliance during construction may be addressed by condition(s) of Stage 2 consent.
Condition 8A – required that details of proposed legally binding measures to ensure that loading and unloading of goods are accommodated within the site in favour off Lots 1 to 4 DP 206137 (Zu/Betts shops) and Lot 1 DP 82761 (Emporio) be provided. Since the determination of the Stage 1 DA Westfield has purchased Zu and Betts and intend to own and manage the properties. As such no further action is required in respect of these premises. With regards to Emporio, Westfield has simply stated that they will enter into an agreement with the owners of this property but have provided no detail. This matter may be addressed by a condition of Stage 2 consent.
Condition 8B – required that the design of the Stage 2 DA shall give consideration to the feasibility of providing servicing access to the adjacent Lot 1 DP 5749 (Soul Pattison). This condition has not been addressed in detail. This matter may be addressed by a condition of Stage 2 consent.
Condition 9 – required that the design of the Stage 2 DA satisfy minimum ESD criteria. This condition has been satisfied with the ESD targets proposed in the Stage 2 DA being equivalent to/greater than those required by the condition (see below). Compliance during construction may be addressed by condition(s) of Stage 2 consent.
Condition 10 – required that the details of a fire egress solution for the adjacent Emporio premises be submitted with the Stage 2 DA. This condition has been satisfied.
Condition 13 – required that a detailed signage strategy be submitted with the Stage 2 DA. This condition has not been fully satisfied. The applicant has submitted a basic signage strategy which forms an adequate basis for a detailed strategy. This matter may be addressed by condition of Stage 2 consent.
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Condition 14 – required the Stage 2 DA submission to incorporate detailed concepts for high quality artwork within the development and for the design and treatment of the construction hoardings. These concepts were to be prepared by a person with expertise in public art. This condition has not been fully satisfied. The applicant has submitted a basic public art strategy which forms an adequate basis for a detailed strategy. Details of the provision of artwork on hoardings have not been provided. This matter may be addressed by condition of Stage 2 consent.
Condition 15 – required that a detailed concept plan for the improvement of the public domain. This condition has been satisfied. Refer below to discussion regarding upgrade of Pitt Street Mall. This matter may be further addressed by condition of Stage 2 consent.
Condition 16 – required that a detailed construction management plan be submitted with the Stage 2 DA. This condition has been satisfied. Refer below to discussion regarding construction management. This matter may be further addressed by condition of Stage 2 consent.
Floor Space
51. The proposed development has a FSR of 12.5:1 consistent with the maximum FSR permissible for the site. This equates to a floor area of 142,221.6 sqm.
52. This excludes 2865.5 sqm on retail level LO1 (one level below Pitt Street Mall) which is to be allocated to grocery and convenience retailing. The exclusion of this floor space from the calculation of FSR is permitted under the definition of floor space contained in LEP 1996.
53. A condition of consent is contained in the recommendation requiring that this floor space be maintained as grocery/convenience retailing as defined by LEP 1996.
Allocation of Heritage Floor Space
54. Developments that exceed an FSR of 8:1 and a height of 55m are subject to an allocation of HFS.
55. The proposed development has an FSR of 12.5:1 and a maximum height of 150m.
56. The amount of HFS to be allocated is equal to half the difference between the FSR of the development and 8:1. This amount may be further reduced by 50% as the development is the result of a design competition.
57. Based on a site area of 11,377.8 sqm the amount of HFS to be allocated to the development is therefore:
12.5:1 - 8:1 = 2.25:1 = 25,600 sqm. 2
58. This is subject to a further 50% reduction as the development is the result of a design competition.
59. The amount of HFS to be allocated is therefore:
25,600 sqm = 12,800 sqm 2
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60. Under clause 46 of LEP 2005 this amount may be further reduced by an amount equivalent to the mid block connections that have been provided as required by the controls. DCP 1996 identifies mid block connections generally consistent with those contained within the proposed development. Mid block connections are to provide public access between 6.00am and 10.00pm daily.
61. Precise details of the areas that the applicant may intend to maintain accessible during these times has not been provided. Conditions of consent are contained in the recommendation requiring the allocation of this amount of HFS and maintaining public access to the mid block connections
Pitt Street Mall Facade
62. Section 2.7 of DCP 1996 contains provisions aimed at ensuring that new development makes an appropriate and positive contribution to the streetscape. In this regard the provisions require that building exteriors are to be designed to reinforce the predominant masonry character and articulation of Central Sydney, particularly at the lower levels of buildings.
63. The design of the retail podium does not exhibit a masonry character. The Pitt Street Mall elevation and the western half of the Market Street elevation is dominated by two and three storey shop fronts above which there are solid elements clad with a range of vertical fritted glass and zinc panels. The Castlereagh Street elevation and the eastern half of the Market Street elevation is predominantly glass. Off form concrete is used to provide transition elements in some areas, principally between the Skygarden heritage facade and the new building (including a 3m concrete projection “canopy” over the entrance to the mall) and around the overhead bridges. Structural columns (behind the glass line) are to be clad in colour back glass (refer to plans and photomontages in attachments and below).
64. Whilst it is accepted that a contemporary approach to the design of the development is appropriate it is considered reasonable that the applicant explore opportunities for the incorporation of masonry elements within the composition consistent with the desired future character promoted by the controls referred to above.
65. All the streets adjoining the development exhibit a strong masonry character, however the requirement is considered to be particularly relevant with regard to the Pitt Street Mall streetscape (and specifically that part of the development site north of the Centrepoint site) as it contains a number of notable heritage items and a heritage streetscape. In this regard it is also relevant to note that:
(a) More recent developments such as 400 George Street and the Mid City Centre development, which is currently under construction, exhibit podium with a strong masonry character; and
(b) The Zu and Betts properties to the south of the Imperial Arcade site are now owned by Westfield and the design of the Imperial Arcade component of the development will inevitably set the design approach for these properties should they be included within the development/be redeveloped at some future point.
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Concrete transitional Sites purchased by element Westfield Glass and zinc cladding
Skygarden
Figure 11: North section of Pitt Street Mall facade
Skygarden
3m projecting concrete canopy
Figure 12: Concrete North section of Pitt Street Mall facade
66. It is considered that the projecting concrete entrance canopy is an intrusive element in the streetscape . Its height does not correspond to other elements in the streetscape and it disrupts appreciation of the Skygarden heritage facade.
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67. In addition to the above matters the existing development on site has an awkward addition above the lower portion of the Skygarden facade which detracts from the appearance of the heritage facade (shown in the photograph below). Whilst the basic form of this addition is to be retained no details of its external treatment have been provided.
68. The impact of this element will be further compounded by the requirement of the wind report that a 3m high impermeable screen be provided above this addition to address wind problems on the roof top terrace. No details of this screen are shown on the submitted plans. The applicant has suggested that this will be clear glazing.
Existing addition and required 3m wind screen
Figure 13: Addition above Skygarden facade
69. Conditions are contained in the recommendation of the report to address these matters.
Awnings
70. A specific design element of the retail podium is the provision of high level awnings (approx 8 to 10m for the most part) across all street frontages, with the exception of the Skygarden facades on Pitt Street Mall and Castlereagh Street which are to remain as existing, and a short section of the awning over the entrance to the new office tower off Castlereagh Street.
71. High levels awnings were identified in the Stage 1 DA but were specifically excluded from the Stage 1 DA approval. It is noted that the awning along Pitt Street Mall to the south of the Skygarden (in the area of the existing Imperial Arcade) was to be a similar height to the existing awning in the Stage 1 DA(resulting from the recommendations of the Wind Study) but is proposed to be a high level awning in the Stage 2 DA.
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72. Section 3.5 of DCP 1996 provides that awnings are to be provided to the full extent of all street frontages of the site with all street frontages being identified as being major pedestrian streets. The objective of the control is stated as being:
“To increase pedestrian amenity by the provision of weather protection”.
73. The provisions require that awnings are to be designed and provided in accordance with Council’s Policy and Guidelines for Awnings.
74. The City of Sydney Awnings Policy 2000 requires that awnings be between 3.2m and 4.2m above ground level. The existing awnings exceed this height but are substantially below the 8m to 10m proposed in the Stage 2 DA.
75. In terms of providing weather protection awnings provide shade, help ameliorate ground level wind conditions and provide shelter from the rain.
76. Photomontages of the proposed development showing the height of the proposed awning and existing awning are provided below:
9m
5.5m
Figure 14: Corner of Pitt Street Mall and Market Street (dotted line represents height of existing awning)
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Figure 15: Pitt Street Mall adjacent to Skygarden (dotted line shows downturns (approx 5.4m) required to ensure adequate wind conditions at ground level)
Figure 16: Pitt Street Mall adjacent to Emporio (dotted line shows downturns required to ensure adequate wind conditions at ground level)
77. Whilst it is accepted that there are some benefits provided by the proposed high level awnings e.g. improved daylight access to the streets, overall the high level awnings proposed are considered less able to adequately satisfy the objectives of the relevant controls, being to “increase pedestrian amenity by the provision of weather protection”, than the provision of awnings at a lower level.
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78. This is particularly considered to be the case in relation to rain protection. Sydney is subject to downpours of rain throughout the year. Figures provided by the applicant from the Bureau of Meteorology show that there is a 13% to 18% chance of rain occurring between 12noon and 3.00pm (a peak period for pedestrian activity) throughout the year.
79. As the direction of rain is affected by wind it is clear that a lower awning will provide better rain protection.
Figure 17: High level awning is less effective in providing shelter from rain in windy conditions
80. With regards to wind, the awnings are required to include downturns (illustrated in the photomontages above) between the high level awnings and the lower level awnings (e.g. Skygarden) on the Pitt Street Mall frontage of the development. These downturns, which were not proposed in the original DA submission, are required so as to ensure that ground level wind conditions are maintained equal to/better than existing conditions. It is considered that these downturns, which are in the order of 4.5m to 5m, do not provide an appropriate transition between high and low level awnings and will have an adverse streetscape impact.
81. The submitted statement of environmental effects (SEE) states that:
“The high level awnings are designed to create a dramatic street presence and enhance the CBD scale experience and differentiate the CBD retail core from the suburban retail centres. The roof [of the awning] is located above the multi-level flagship stores to ensure their visibility from the street. …”
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82. It is considered that the development need not rely on high level awnings to achieve these goals. The site by virtue of its context, the incorporation of the Centrepoint Tower, its detailed architecture, the use of high quality materials and public art, retail tenants etc. are all elements that will help ensure that the development will be clearly distinguishable from suburban centres. Similarly it is not considered that the proposed awnings need to be as high as proposed to “ensure" visibility of upper level retailing. This will be apparent to even the most casual observer.
83. The photograph below of a tenancy in the Mid City Centre (opposite the site on Pitt Street Mall) clearly shows that upper level retailing is readily distinguishable above awning level.
Figure 18: Above awning retailing
84. Having regard to the above it is recommended that the design of the development be amended to reduce the awnings to a level generally consistent with those of the existing awnings (which themselves exceed the height contained in the DCP) so as to provide adequate weather protection and an appropriate relationship with the surrounding streetscapes.
Public Domain
85. The application site has significant frontages to Castlereagh Street, Market Street and Pitt Street Mall.
86. The proposed development is substantial and will further invigorate this section of the city. As is normal practice with major developments there will be a need for the developer to upgrade the public domain in the vicinity of the site.
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87. Since its previous upgrade some 8 to 9 years ago Pitt Street Mall has suffered damage and is in need of a new refurbishment. In this regard it is considered appropriate that the timing of such upgrade be worked in with the redevelopment of the subject site. The stated that they are prepared to enter into a Deed with Council to provide project design and construction managements services to deliver the Pitt Street mall works.
88. The diagram of Pitt Street Mall below illustrates that portion of the Mall that is considered reasonable to be upgraded as part of Council’s normal public domain requirements (ie. The areas with immediate frontage to the subject site and Sydney Central Plaza (also in the ownership of Westfield)) and the areas that should be upgraded as an offset to Section 61 contributions to be levied on the development.
Sydney Central Plaza Site
Figure 19: Pitt Street Mall upgrade. Area within dotted line to be upgraded as part of normal public domain upgrade requirements. Area outside dotted line to be offset against S61 contributions.
89. Appropriate conditions of consent are included in the recommendation to address the upgrade of the public domain.
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Pedestrian bridges and underpasses
90. The applicant intends to retain all existing pedestrian bridges and underpass connections to adjoining sites. No new bridges or underpasses are proposed and works to the existing bridges and underpasses do not form part of this development application.
91. In granting consent to the Stage 1 DA the CSPC requested that design concepts be provided with the Stage 2 DA for the upgrade of the pedestrian bridges. Concepts have been provided showing how the bridges may be integrated with the design of the proposed development.
92. The tenure on the bridges in Castlereagh Street and Market Street expires in 20012 towards the end of the proposed construction programme for the development. Prior to this time Council, the owner of the bridges, will need to determine whether or not the bridges are to be removed or retained.
93. If the bridges are to be removed, or retained in a modified form, the proposed development will need to be amended.
ESD
94. LEP 1996 requires consideration of sustainable design. The application is supported by a Sustainability Report prepared by Cundall Johnson and Partners. The report outlines ESD initiatives for the development with the aim of achieving the following:
ABGR Greenstar Energy Water rating rating
85 Castlereagh 5 stars 5 stars 30% 80% Street reduction reduction
ATO 5 stars 5 stars 30% 80% 100 Market reduction reduction Street
Retail Centre N/A 5 stars 25% 50% reduction reduction
Skygarden office 4.5 stars 4 stars 30% N/A tower reduction
Figure 20: Proposed ESD targets.
95. The Greenstar rating for retail centres is a new rating tool developed by the Green Building Council of Australia. This tool has been developed in collaboration with Westfield.
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96. The development incorporates numerous initiatives to achieve these standards including:
(a) Use of chilled beam system in new commercial tower and ATO;
(b) Cogeneration and absorption chillers,
(c) Black water recycling;
(d) Recycling of construction waste.
97. An appropriate condition is contained in the recommendation relating to the achievement of appropriate minimum ESD targets in the Stage 2 design.
Construction Management
98. The applicant has submitted a detailed Construction Management Plan with the application. The plan sets out the construction management principles for the proposed scope of works for the project and includes detailed information on:
(a) Minimising interference to neighbours and operating tenants;
(b) Steps to protect the public during construction;
(c) The staging and sequencing of construction;
(d) Construction delivery processes;
(e) Community relations and publications including the establishment of a construction liaison committee;
(f) Air and dust control;
(g) Pedestrian and construction traffic management;
(h) Demolition and excavation management;
(i) Noise and Vibration Management;
(j) Waste management;
(k) Stormwater management etc.
99. Initiatives included in the plan to minimise the effects of construction on the adjacent community include:
(a) An off street (internal) loading Bay on Castlereagh street;
(b) A 12m high acoustic/dust control screen on the Castlereagh street loading bay; and
(c) A 12m high acoustic screen around the remainder of the site.
100. The following are intended to remain in operation throughout the redevelopment programme:
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(a) Access to the Centrepoint Tower facilities (Skytour, Skywalk and restaurants).
(b) Bridge access to Sydney Central Plaza.
(c) Access between the two David Jones stores via Centrepoint.
(d) The Skygarden office building.
101. Tunnel access to David Jones via the Imperial Arcade and access to the Glasshouse via the Skygarden will be temporarily closed during construction. One of the bridge access points to Sydney Central Plaza will also be closed for a short time.
102. The onsite loading dock to be provided off Castlereagh Street will be separated completely from the public, street traffic and adjoining owners and is to be used for loading of demolition and excavated material and unloading of construction materials. A construction zone is intended on Market Street for delivery of materials to the southern areas of the site.
103. Pedestrian access around the site is to be maintained at all times although it is intended to be diverted around (within the site) the onsite loading dock on Castlereagh Street.
104. Although detailed it is not considered that the CMP should be approved at this point. The CMP should be finalised nearer the time of construction (prior to the release of a construction certificate) having regard to the circumstances that exist at that time. In this regard it is considered that the CMP also be refined in consultation with David Jones who have made some suggestions with regards to construction management issues.
105. An appropriate condition is included in the recommendation of the report regarding this matter.
BCA Matters
106. The BCA Classification of the development is:
(a) Car parking – Class 7a;
(b) Retail – Class 6;
(c) Offices – Class 5; and
(d) Child care – Class 9b.
107. The development is capable of complying with the BCA.
POLICY IMPLICATIONS
108. Not applicable to this report.
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FINANCIAL IMPLICATIONS/SECTION 61 CONTRIBUTIONS
109. The cost of the development is in excess of $200,000 and is therefore subject to a development levy pursuant to the Central Sydney (Section 61) Contributions Plan 2003. The Section 61 contribution may be offset in part against public domain works to Pitt Street Mall.
110. An appropriate condition is included in the recommendation of this report.
PUBLIC CONSULTATION
Section 79C(1)(d)
Advertising and Notification
111. Approximately 1500 letters were sent out notifying adjoining and nearby owners and occupiers of the application. In addition notices were placed on the site and the proposal was advertised in the daily press in accordance with the provisions of the City of Sydney Notification of Planning and Development Applications Development Control Plan 2005.
112. The application was advertised and notified for a period of 40 days.
113. A plan indicating the properties that were notified is provided below:
Figure 21: Properties notified of application.
114. Six submissions have been received.
115. The submission from Perpetual Trustees Company Ltd (owner of the Glasshouse) was subsequently withdrawn following an agreement with Westfield regarding the use of the access to the site from King Street.
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116. The owner/occupier of an apartment in the Tower apartments building (above Meyer) objected on the grounds that the tower will have an adverse impact on the amenity of the Tower Apartments and should not be increased in height.
Comment: The Stage 2 DA is consistent with the Stage 1 DA consent (as amended). The amendment to the tower form, which included an increase in height by 0.4m, was considered not to have any significant adverse impacts and was approved by the CSPC on 15 November 2007.
117. David Jones made a submission supporting the development in principle subject to comments relating to construction management matters.
Comment: These comments have been considered and are generally incorporated in the proposed conditions of consent.
118. RESNET made a submission supporting the proposal to maximise the retail presentation to the street and raising concerns in respect of a number of matters including non compliance with the Stage 1 envelope, the need to maximise pedestrian connections through the development, the effectiveness of the high level awnings, construction management issues and the need to upgrade the pedestrian bridges.
Comment: These matters are discussed in the body of the report and where relevant addressed by conditions of consent.
119. Goddard Nominees Pty Ltd, the owner of Emporio (182 Pitt Street), made a submission relating to the provision of servicing to their property from the development site both during and post construction, the need to ensure adequate dust and noise control, that heavy excavation and demolition work be carried out outside normal business hours, the need for a dilapidation survey, maintenance of pedestrian access to their property, the need to establish a construction liaison committee and other construction matters.
Comment: The issue of providing service vehicle access from within the development post construction is discussed in the issues section of the report (refer to Compliance with Stage 1 Conditions – Condition 8A) and is addressed by a condition of consent. The requirement that heavy excavation and demolition work be carried out outside normal business hours is unreasonable given the proximity of residential premises and Councils normal construction hour requirements. The other matters are addressed by appropriate conditions of consent.
120. Bicycle NSW made a submission supporting the development and states that the applicant should be commended for including specialist facilities in the development which encourage bicycle use.
EXTERNAL REFERRALS
Railcorp
121. Railcorp have granted concurrence to the development subject to the imposition of conditions. Appropriate conditions are contained in the recommendation.
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RTA
122. The RTA raised no objection to the development in principle subject to the imposition of conditions. Appropriate conditions are contained in the recommendation.
Heritage Office
123. The Heritage Office previously made comment on the Stage 1 DA. They have made no comment in respect of the Stage 2 DA.
INTERNAL REFERRALS
124. The application was referred to Council’s Specialist Surveyor, Heritage and Urban design Unit, Building Services Unit, Health Unit, Properties Unit, Public Domain Unit, Public Art Officer and Transport and Access Unit. No objection to the proposed development was raised in principle subject to the imposition of appropriate conditions.
125. The Heritage and Urban Design Unit raised concerns in regard to, and do not support, the high level awning and the Pitt Street Mall facade. These matters have been addressed in the issues section of the report.
RELEVANT LEGISLATION
126. The Environmental Planning and Assessment Act 1979. Heritage Act 1977.
CONCLUSION
127. The application seeks detailed Stage 2 DA consent for the redevelopment of the Centrepoint, Imperial Arcade and Skygarden sites in the city’s retail core.
128. In particular the application seeks consent fora mixed retail and commercial development comprising:
(a) three basement levels accommodating car parking, servicing areas and plant to service the development (parking for 188 cars and 70 service vehicles) accessed from King Street;
(b) a retail podium building incorporating seven retail levels and including 54,377.3 sqm of retail floor space;
(c) alterations and additions to the Australian Tax Office (ATO) building at the base of the Centrepoint Tower to provide 30,776.4 sqm of commercial floor space and a child care centre of 448.5 sqm;
(d) a new commercial office tower to the north of the existing Centrepoint Tower to provide 36,810.6 sqm of commercial floor space.
129. The proposed development is consistent with the approved Stage 1 DA (as amended) and satisfies the numerical controls contained in LEP 1996 relating to maximum height, FSR and car parking.
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CENTRAL SYDNEY PLANNING COMMITTEE 6 DECEMBER 2007
130. The existing development on site is in need of rejuvenation with the lower level buildings of Centrepoint and Imperial Arcade providing limited positive contribution to the streetscape and Pitt Street Mall Special Area. The development will facilitate the removal of vehicles from Pitt Street Mall (up to 300 vehicles per day and 90,000 vehicles per year) and will provide active street frontages to Pitt Street Mall, Market Street and Castlereagh Street.
131. The development is considered to satisfy the requirements of design excellence subject to some amendment. In particular it is considered that the proposed high level awning and the design of the northern section of the Pitt Street Mall facade should be amended to better satisfy the aims and objectives of the relevant controls.
132. It is recommended that a deferred commencement consent be issued subject to conditions requiring:
(a) That the design of the north section of the facade of the retail podium fronting Pitt Street Mall be refined to provide an improved relationship with the adjoining heritage listed Skygarden facade and the streetscape in general and that it exhibit a masonry character consistent with the requirements of DCP 1996; and
(b) That the design of the retail podium be amended so as to provide awnings along the street frontages of the development at a height generally consistent with that of the existing awning so as to provide appropriate weather protections and an appropriate relationship with adjoining development and the streetscape in general consistent with the requirements of DCP 1996.
(c) The Westfield enter an agreement top upgrade Pitt Street Mall.
GIOVANNI CIRILLO Director City Planning and Regulatory Services
(Bill Mackay, Manager Planning Assessments)
DEVELOPMENT APPLICATION: WESTFIELD - CENTREPOINT, IMPERIAL ARCADE AND SKYGARDEN 20100312