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1 September 2020 Subject: Sydney Eastern City Planning Panel Report: D/2018/219 – Balmain Leagues Club DA

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1 September 2020 Subject: Sydney Eastern City Planning Panel Report: D/2018/219 – Balmain Leagues Club DA BRIEFING NOTE To: All Councillors From: Chief Executive Officer, Michael Deegan Date: 1 September 2020 Subject: Sydney Eastern City Planning Panel Report: D/2018/219 – Balmain Leagues Club DA Councillors, The development application (DA) for 138-152 and 154-156 Victoria Road; 697 Darling Street; and 1 to 7 Waterloo Street, Rozelle, (‘Balmain Leagues Club Precinct’) proposes to demolish all existing improvements, carry out site remediation and construct a mixed-use development. Comprising 3 basement levels for residential and commercial parking with 3 x 11 to 12 storey buildings connected above a shared retail and commercial podium with 164 residential units above. The commercial area will include a new leagues Club. Development fronting Waterloo Street will comprise 2 to 3 storey buildings for 3 live/work units resulting in 167 residential units on the site. The development has a capital investment value (CIV) of $135,300,000 including GST. Applications with a CIV of more than $30 million must be referred to the Sydney Eastern City Planning Panel (SECPP) to exercise its consent authority functions under Schedule 7 of State Environmental Planning Policy (State and Regional Development 2011). Council officers carried out an assessment of the application and the report was forwarded to the SECPP for their consideration (refer to Attachment 1 – Report and Attachment 2 – Conditions). SECPP were briefed on the 6 August 2020 and the application is scheduled to be determined at a meeting of the Panel on 10 September 2020. Council officers have engaged with the Applicant to amend the proposal to address issues raised by Council’s specialist staff, SECPP and by the community. These issues primarily focused on traffic and parking and urban design, including the recommendations of Council’s Architectural Excellence Panel. The application is recommended for Deferred Commencement approval. Please advise if you wish to make a submission to the SECPP in relation to the proposal by 7 September 2020, and if so, the contents of such submission. MICHAEL DEEGAN CHIEF EXECUTIVE OFFICER ATTACHMENTS 1. SECPP Assessment Report - D/2018/218 2 Recommended conditions of consent Assessment Report 138-152 & 154-156 VICTORIA ROAD/697 DARLING STREET/1-7 WATERLOO STREET ROZELLE Panel Reference 2018SCL044 DA Number D/2018/219 LGA Inner West Proposed Demolish all existing improvements, carry out site remediation and Development construct a mixed-use development comprising three (3) basement levels for residential and commercial parking with three 11 to 12 storey buildings connected above a shared retail and commercial podium with 164 residential units above. The commercial area will include a new leagues Club. Development fronting Waterloo Street will comprise two (2) to three (3) storey buildings for three (3) live/work units resulting in 167 residential units on the site. Street Address 138-152 and 154-156 Victoria Road; 697 Darling Street; and 1 to 7 Waterloo Street, Rozelle The site is generally referred to as the Balmain Leagues Club Precinct Applicant Mecone Pty Ltd on behalf of the Heworth Group of companies Owner Grand Rozelle Pty Ltd (ACN: 619 872 749) Date of DA 1 May 2018 lodgement Number of 234 Submissions Recommendation Deferred Development Consent Regional General Development over $30 million Development Capital investment value of $135,300,000 including GST Criteria (Schedule 7 of the SEPP (State and Regional Development) 2011 List of all relevant Environmental Planning Instruments s4.15(1)(a) matters o State Environmental Planning Policy No. 65 – Design Quality Residential Apartment Development and Apartment Design Guide o State Environmental Planning Policy No. 55 – Remediation of Land o State Environmental Planning Policy BASIX 2004 o State Environmental Planning Policy (State and Regional Development) 2011 o State Environmental Planning Policy (Infrastructure) 2007 o Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Page | 1 Assessment Report 138-152 & 154-156 VICTORIA ROAD/697 DARLING STREET/1-7 WATERLOO STREET ROZELLE o State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 o State Environmental Planning Policy No. 1 – Development Standards o Draft State Environmental Planning Policy (Remediation of Land) o Draft State Environmental Planning Policy (Environment) o Leichhardt Local Environmental Plan 2000 o Draft Inner West Local Environmental Plan 2020 Development Control Plans o Leichhardt Development Control Plan 2000 Other o Leichhardt Developer Contributions Plan No.1 – Open Space and Recreation; ‘Developer Contributions Plan No.2 – Community Facilities and Services (2005); and Leichhardt Developer Contributions Plan – Transport and Access List all documents o Attachment 1 – Draft Conditions submitted with this Attachment 2 – Architectural Plans (as amended) report for the o Panel’s o Attachment 3 – Statement of Environmental Effects (as consideration amended) o Attachment 4 - SEPP 65 Design Verification Statement o Attachment 5 – Urban Design Report Resubmission o Attachment 6 - AEP Report Design Response o Attachment 7 - SEPP 1 Objection (as amended 18 August 2020) o Attachment 8 – Landscape Plans o Attachment 9 – Stormwater Management Plan o Attachment 10 – Plaza Raingarden Plan o Attachment 11 – Survey o Attachment 12 – Statement of Heritage Impact o Attachment 13 – Revised Traffic and Transport Study o Attachment 14 – JMT Traffic Review o Attachment 15 – Revised Evening Access Strategy o Attachment 16 – Ramp Design Requirements o Attachment 17 – Letter from Swaab Lawyers 19 August 2020 o Attachment 18 – Site Isolation Response from Mecone o Attachment 19 - Scott Carver Development Study for Adjoining Site Report prepared by Brian Kirk Report date 27 August 2020 Page | 2 Assessment Report 138-152 & 154-156 VICTORIA ROAD/697 DARLING STREET/1-7 WATERLOO STREET ROZELLE Summary of s4.15 matters Have all recommendations in relation to relevant s4.15 matters been summarised in the Yes Executive Summary of the assessment report? Legislative clauses requiring consent authority satisfaction Have relevant clauses in all applicable environmental planning instruments where the consent authority must be satisfied about a particular matter been listed, and relevant Yes recommendations summarised, in the Executive Summary of the assessment report? e.g. Clause 7 of SEPP 55 - Remediation of Land, Clause 4.6(4) of the relevant LEP Clause 4.6 Exceptions to development standards Yes If a written request for a contravention to a development standard (clause 4.6 of the SEPP 1 LEP) has been received, has it been attached to the assessment report? Objection Special Infrastructure Contributions N/A Does the DA require Special Infrastructure Contributions conditions (S7.24)? Conditions Have draft conditions been provided to the applicant for comment? Yes Note: in order to reduce delays in determinations, the Panel prefer that draft conditions, notwithstanding Council’s recommendation, be provided to the applicant to enable any comments to be considered as part of the assessment report EXECUTIVE SUMMARY This site is known as the Balmain Leagues Club Precinct and it has a long history of proposals being put forward for redevelopment. A summary of the history of the site is included in this report and a more detailed history is set out in the Statement of Environmental Effects (as revised) submitted with this application. A historical matter of important relevance relates to the existing VPA over the land. In 2008, a Voluntary Planning Agreement (VPA) was registered on title for the site, but never acted upon. This was negotiated to capture public benefits from the add value associated with a modification to the Leichhardt LEP 2000 (Amendment 16) to permit increased height (maximum to RL 82.0 relative to AHD or 12 storeys) and FSR (maximum total of 3.9:1) on the site. The Applicant for the current development application has formally offered to amend this VPA as some aspects of the agreement are not applicable to the current development application. Council will consider the new offer at its meeting on 8 September 2020. D/2018/219, as amended, seeks consent for the demolition of all existing structures except for No. 697 Darling Street, site remediation, and the construction of a 11 and 12 storey commercial mixed-use development fronting Victoria Road and Waterloo Street, Rozelle. Provision is included in the design for retail (incl. a 3100m2 supermarket), commercial premises and licensed Club on the lower levels. Three interconnected buildings above that are between 11 to 12 storeys in height providing for 167 residential units Page | 3 Assessment Report 138-152 & 154-156 VICTORIA ROAD/697 DARLING STREET/1-7 WATERLOO STREET ROZELLE The development will include three basement levels to provide all on-site vehicle, motorbike and bicycle parking; as well as waste and loading/unloading facilities. All service vehicle ingress and egress will be from Victoria Road with light vehicle ingress and egress from Waterloo Street. The application does not involve the specific uses and fit out of the commercial, Club, or retail components. Consent is sought for general use of these spaces and approval for the specific uses will be subject to future applications. The Applicant proposes that construction will be staged in accordance with the stages as follows: Stage 1 – Demolition Stage 2 – Excavation Stage 3 – Construction of the structure through to ground level Stage 4 – Completion of Structure Stage 5 – Fitout and finishes Accordingly,
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