Sydney Local Environmental Plan 2012 – Millers Point Amendment

ATTACHMENT A

PLANNING PROPOSAL: SYDNEY LOCAL ENVIRONMENTAL PLAN 2012 – MILLERS POINT AMENDMENT

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Planning Proposal Sydney Local Environmental Plan 2012 ‐ Millers Point Amendment October 2014

ATTACHMENT A Table of Contents

Introduction ...... 2

Background ...... 3

Part 1: Objectives and intended outcomes ...... 7

Part 2: Explanation of provisions ...... 8

Part 3: Justification ...... 10

Part 4: Mapping ...... 17

Part 5: Community consultation ...... 18

Part 6: Project Timeline ...... 19

Appendix A Draft Maps

Appendix B dState an Local Heritage listed items

Appendix C Privately owned non heritage listed properties

ATTACHMENT A Introduction

This Planning Proposal explains the intent of, and justification for, the proposed amendment to the planning controls for Millers Point Heritage Conservation Area under Sydney Local Environmental Plan 2012 (Sydney LEP). This Planning Proposal seeks to amend the controls so that a building’s existing height and floor space ratio will be the height and floor space control.

On 19 March 2014, the NSW Government announced the sale of 293 government owned properties, including heritage listed items in the Millers Point Heritage Conservation Area. The NSW Heritage Council in a letter dated 8 July 2014 requested the City urgently review the planning controls for the Millers Point Heritage Conservation Area in response to the sale.

The planning controls for the Millers Point Heritage Conservation Area are in the Sydney LEP and came into effect in December 2012. The building height and floor space controls are a translation of previous controls under Sydney Local Environmental Plan 2005. The maximum floor space ratio is 2:1 and maximum height is 9m. These controls are inconsistent with the heritage conservation controls. This Planning Proposal will address this by prioritising the heritage significance of the area and heritage items to deliver Council’s objectives for the conservation area.

This approach is appropriate for the Millers Point Heritage Conservation only due to its integrity and heritage significance.

ATTACHMENT A Background

Area and Context Description

Millers Point Heritage Conservation Area is located at the north western edge of Central Sydney between the Rocks and Barangaroo. The Millers Point Heritage Conservation Area shown in Figure 1, is an intact residential and maritime precinct of outstanding state and local significance due to its unique characteristics, architectural diversity and continuity of 19th and 20th century residential and maritime elements. The precinct has changed little since the 1930s. The area is characterised by a fine grain subdivision pattern, two to three storey residential terraces and similar scaled commercial buildings.

Figure 1: Millers Point Heritage Conservation Area boundary under Sydney Local Environmental Plan 2012

ATTACHMENT A Heritage Significance Three conservation area listings apply to Millers Point. In 1999 properties owned by the Department of Housing in Millers Point were listed on the State Heritage Register under the Heritage Act, 1977. In 2003 Millers Point was listed on the State Heritage Register as the Millers Point and Dawes Point Village Precinct allowing for the management of the whole of the precinct. Millers Point is also listed in Sydney LEP as the Millers Point Heritage Conservation Area. Individual properties are also listed as items on the Sydney and State Heritage Register. Each listing recognises the high level of significance and value to the people of NSW and the local area. The State Heritage Register’s statement of significance for the conservation area states: “Millers Point is an intact residential and maritime precinct of outstanding state and national significance. It contains buildings and civic spaces dating from the 1830s and is an important example of nineteenth and early twentieth century adaptation of the landscape. The precinct has changed little change since the 1930s.” (NSW Heritage Office, Millers Point Conservation Area, 2001, http://bit.ly/YUYbYl).

Sale of Government Properties

Millers Point has a long history of government ownership. The area was resumed after the 1900 plague then developed with infrastructure and housing for the maritime industry and its workers. Since the early 1980s the Department of Housing has managed residential properties in Millers Point for social housing. On 19 March 2014, the NSW Government announced the sale of 293 government owned properties, including heritage listed items in the Millers Point Heritage Conservation Area. NSW Family and Community Services have started to sell the public housing assets. The sale of all properties is likely to occur within a two year period.W All NS Government owned properties in the Millers Point Heritage Conservation Area are shown in Figure 2 below. The NSW Heritage Council wrote to the City requesting the urgent review of the planning controls for Millers Point Heritage Conservation Area under Sydney LEP and Sydney DCP. City staff have also Wmet with NS Department of Family and Community Services and Office of Environment and Heritage staff to discuss how the heritage significance of these properties will be protected. The properties being offered for sale retain a significant level of original building fabric, form and architectural detailing. Together and individually they are rare and unique in Australia. The sale to private owners is likely to result in applications for works to the properties.

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Figure 2: NSW Government owned properties in the Millers Point Heritage Conservation Area (as of March 2014)

Current Planning Controls

The current planning controls applying to the Millers Point Heritage Conservation Area are in the Sydney LEP and came into effect in December 2012. The building height and floor space controls are the translation of previous controls under Sydney Local Environmental Plan 2005 and are almost 10 years old. A comprehensive review of the controls for Millers Point was not undertaken as part of the Sydney LEP as development was not expected while most properties were in government ownership.

The maximum floor space ratio for the whole area is 2:1 and the maximum building height across the whole area is 9m. Millers Point is listed as a Heritage Conservation Area and most properties are individually listed heritage items. The Millers Point Heritage Conservation Area does not include the

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Walsh Bay Precinct. An extract of the Sydney LEP Heritage map showing the Millers Point Heritage Conservation area boundary is at Figure 3.

The Millers Point Heritage Conservation Area includes a range of building forms and building heights. Amongst this varied built form are distinct rows of terrace houses that are generally two storeys in height. The application of a maximum building height of 9m and FSR of 2:1 is not an accurate indication of the architectural diversity of existing built form in Millers Point. Developing heritage items to the maximum floor space ratio under Sydney LEP would likely impact on the significance of the items and the conservation area.

Figure 3: Millers Point Heritage Conservation Area and heritage listed items under Sydney Local Environmental Plan 2012

ATTACHMENT A Part 1: Objectives and intended outcomes

The intended outcome of this Planning Proposal is to amend the height and floor space controls under Sydney LEP 2012 for the Millers Point Heritage Conservation Area.

The objective of this Planning Proposal is to protect the state and local heritage significance of the Millers Point Heritage Conservation Area and individually listed items with appropriate height and density controls.

ATTACHMENT A Part 2: Explanation of provisions

All properties within the Millers Point Heritage Conservation Area are subject to the provisions of the Sydney Local Environmental Plan 2012. A list of all properties to which this Planning Proposal applies is provided at Appendices B and C.

To achieve the intended outcomes, the Planning Proposal seeks to amend gthe plannin controls and introduce local provisions for Millers Point in Sydney LEP as follows:

 Amend Height of Buildings Map – Sheets HOB_013 and HOB_014 by removing the 9m height control for the Millers Point Heritage Conservation Area and showing the area as Area 7. A building’s existing height ewill be th maximum height. A new local clause will be introduced to Division 5 Site Specific provisions to give effect to this change.

 Amend Floor Space Ratio Map – Sheet HOB_013 and HOB_014 by removing the 2:1 floor space ratio for the Millers Point Heritage Conservation Area and showing the area as Area 11. A building’s existing floor space ratio will be the maximum floor space ratio. A new local clause will be introduced to Division 5 Site Specific provisions to give effect to this change.

 Introduce a new provision under Division 5 of Part 6 Site Specific Provisions for Millers Point Heritage Conservation Area that only permits a contravention to the maximum height and floor space ratio controls under clause 4.6 when the variation is consistent with an endorsed conservation management plan.

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LEP Drafting Notes

Inserting a new local clause under Division 5 of Sydney Local Environmental Plan 2012

Objectives

The objective of this clause is to ensure height and density of development conserves the state and local heritage significance of the Millers Point Heritage Conservation Area and individually listed heritage items.

Clauses

(1) The maximum height of a building on land shown as Area 7 on the Height of Buildings Map is the height of the building on the land as at the commencement of this Plan;

(2) The maximum floor space ratio of a building on land shown as Area 11 on the Floor Space Ratio Map is the floor space ratio of the building as at the commencement of this Plan;

(3) Consent to contravene the maximum height and floor space ratio controls under clause 4.6 must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development is consistent with the heritage conservation management plan for the site.

Sydney LEP Maps

Amend the Sydney Local Environmental Plan 2012 Building Height Map sheets HOB_013 and HOB_014 for properties in the Millers Point Heritage Conservation Area in accordance with the proposed Building Height map shown at Appendix A.

Amend the Sydney Local Environmental Plan 2012 Floor Space Ratio Map sheets FSR_013 and FSR_014 for properties in the Millers Point Heritage Conservation Area in accordance with the proposed Floor Space Ratio map shown at Appendix A.

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Part 3: Justification

This section sets out the reasons for the Planning Proposal.

Properties in the Millers Point Heritage Conservation Area have a significant level of intact original fabric, form and architectural detailing. Individually and as a group they are a rare and potentially unique heritage resource in Australia. The NSW Government and the City have recognised the very high heritage significance of Millers Point by listing the area and almost all properties within it on the State and local heritage lists.

Three conservation area listings apply to Millers Point. The Millers Point Heritage Conservation Area is listed under Sydney LEP. Two conservation area listings apply to Millers Point under the State Heritage Register and individual items are listed on the State Heritage Register and Sydney LEP. This unprecedented degree of listing, unique to Millers Point, reflects the high significance of the conservation area. The NSW Government’s announcement to sell 293 properties, including heritage listed items in the Millers Point Heritage Conservation Area prompted the NSW Heritage Council to write to the City with a request to urgently review the planning controls for Millers Point in response to the sale.

The current Millers Point Heritage Conservation Area planning controls are in the Sydney LEP and came into effect in December 2012. The building height and floor space ratio controls are a translation of previous controls under Sydney Local Environmental Plan 2005. The Millers Point planning controls were not reviewed or refined as part of this process because no change was envisaged for these properties due to their government ownership.

The City has recently commenced a review of heritage conservation areas with the aim of conserving their heritage significance through appropriate planning controls. The Millers Point Heritage Conservation Area is included in this review and is being brought forward because the sale of NSW Government properties has started. This is to ensure the national significance of these properties is protected as they move into private ownership. The sale of properties to private owners may result in development applications. The maximum floor space ratio for all properties in the conservation area is 2:1 and the maximum building height. is 9m Millers Point is listed as a heritage conservation area and most properties are individually listed heritage items. The Millers Point Heritage Conservation Area includes a range of building forms and building heights. The application of a maximum building height limit of 9m and maximum FSR of 2:1 is not an accurate indication of the highly significant existing built form.

A review was undertaken to estimate how much floor space is available under the current controls to determine the impact existing controls have on the significance on the items and conservation area. The review estimated the available capacity to be between 30sqm and 110sqm, which is equivalent to between one bedroom and a new floor. Additions of this size will have a significant impact on the integrity and significance of the items and the conservation area. The Planning Proposal seeks to amend Sydney LEP so that the building’s existing height and floor space ratio will be the maximum height and floor space ratio. The planning proposal also introduces a clause that will require any height and floor space increase for a heritage item to be consistent with an endorsed conservation management plan. This approach provides the most appropriate planning controls to conserve the high level of significance and integrity of the conservation area and items. It also allows for changes that have been considered appropriate through detailed

ATTACHMENT A analysis of the conservation management plans. The height and floor space controls will support the conservation policies in conservation management plans.

The amendment will apply to 135 sites within the Millers Point Heritage Conservation Area. This includes five privately owned non‐heritage listed properties at 65‐69 and 89‐105 Kent Street, Millers Point and 45A, 45B and 45C Lower Fort Street, Dawes Point. Applying the same controls to these properties will allow appropriate development that is sympathetic to the Millers Point Heritage Conservation Area. The amendments to the planning controls will also protect the significance of the conservation area by ensuring sympathetic infill development is consistent with the scale and form of existing development.

The integrity of the terrace housing stock in Millers Point is of very high cultural significance and is unique in Australia. The area and buildings have changed little, if any, since their construction. Only sympathetic alterations and minor additions could be contemplated for some items. The changes are to be set out in the Conservation Management Plans.

The amendment will also remove the existing 9m building height and 2:1 floor space ratio control for properties in the Millers Point Heritage Conservation Area currently zoned RE1 Public Recreation. This includes 2 Merriman Street, Millers Point, 2 Rhodens Lane, Millers Point and 5 and 5B Dalgety Road, Millers Point, existing parks located at the end of Merriman Street. There are no specific height and floor space controls for land zoned RE1 Public Recreation eg parks, under Sydney LEP. Removing these controls for RE1 zoned land within the Millers Point Heritage Conservation Area will not affect how the parks currently operate, and it ensures a consistent approach across the LGA.

This amendment will also be supported with an amendment to the locality statement for Millers Point Heritage Conservation Area and Building Contributions Map in Sydney Development Control Plan 2012 (Sydney DCP). The amended locality statement recognises the significance of the conservation area as an intact residential and maritime precinct with unique characteristics and architectural diversity, but highly consistent townscape.

Section A – Need for this planning proposal

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

No. Properties in the Millers Point Heritage Conservation Area have a significant level of intact original fabric and form and architectural detailing. Individually and as a group, they are a rare and potentially unique heritage resource in Australia. The NSW Governments announcement to sell 293 properties, including heritage listed items in the Millers Point Heritage Conservation Area prompted the NSW Heritage Council to write to the City with a request to urgently review the planning controls for the Millers Point Heritage Conservation Area in response to the sale.

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

Yes. This draft planning policy is the only means of achieving the objectives and intended outcomes as the built form controls in the LEP need to support the heritage listings and conservation of the Millers Point Heritage Conservation Area.

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3. Is there a net community benefit?

The planning proposal will provide a net community benefit because it will protect heritage items in Millers Point and the Millers Point Heritage Conservation Area. The significance of the Millers Point Heritage Conservation Area is important to the local community and heritage groups and the broader NSW community who over the years have recognised and taken action to protect the heritage values of individual buildings and the whole precinct.

Section B – Relationship to strategic planning framework

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

In March 2013 the NSW Government published the draft Metropolitan Strategy for Sydney to 2031 (draft Metropolitan Strategy) and once adopted it will replace the Metropolitan Plan for Sydney 2036 (Metropolitan Plan to 2036). However, until that time, the Metropolitan Plan to 2036 is the applicable adopted strategy. In assessing the consistency of this draft planning proposal with metropolitan wide objectives, both the Metropolitan Plan to 2036 and draft Metropolitan Strategy have been considered, together with the Draft Sydney City Subregional Strategy 2008 (the draft Subregional Strategy).

This Planning Proposal is aligned with Action 7.3 Identify significant heritage precincts to inform future planning. Millers Point is one of the most significant precincts in the metropolitan region. The amendment to Sydney LEP will protect the high significance of the area and individually listed buildings.

Table 2: Consistency with draft Sydney City Subregional Strategy Key Directions

Consistency with draft Sydney City Subregional Strategy Key Directions Plan for housing The planning proposal does not propose to rezone land from involve a change choice in zone from the existing R1 General Residential. The amendment proposed to the primary development controls for heritage listed items in Millers Point will recognise the significance of these items and the cultural landscape of Millers Point.

Enhance the City’s Improve the quality of the built environment and aim to decrease the prominence as a subregion’s ecological footprint ‐ Subregional Strategy Action E6.1.2 diverse global encourages Councils to update out of date or adequate heritage studies as cultural centre part of the preparation of their Principal LEPs. Sydney LEP and Sydney DCP came into operation of 14 December 2012. The controls are a translation of previous controls into a single local environmental plan and development control plan. The building height and FSR controls are a translation of previous controls under Sydney Local Environmental Plan 2005. The Millers Point planning controls were not reviewed or refined as part of the City Plan process because no change to properties was envisaged whilst under government ownership.

Subregional Strategy objective 6.2.1 requires councils to recognise where Sydney’s cultural heritage contributes to its character and quality and manage change appropriately. This Planning Proposal to amend the controls will make

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the existing height and floor space the maximum permitted. This approach is consistent with the very high level of significance and very little change seen in the area. The amendment recognises the significant cultural heritage of Millers Point by aligning the development standards with the intent of the heritage listings.

The planning proposal will recognise and protect the range of architectural styles that are intact and good examples of their typology.

1 Is the planning proposal consistent with the local council’s Community Strategic Plan or other local strategic plan?

The City’s Community Strategic Plan is Sustainable Sydney 2030 (SS2030), a vision for a ‘green’, ‘global’ and ‘connected’ City of Sydney that sets targets, objectives and actions for the sustainable development of Sydney to 2030 and beyond. The vision was adopted by Council in 2008 and includes 10 strategic directions to guide the future of the City, as well as 10 targets against which to measure progress.

Sustainable Sydney 2030 is a vision for the sustainable development of the City to 2030 and beyond. Of particular relevance to this proposal is Direction 9 – Sustainable Development, Renewal and Design. Action 9.3.4 is to protect the heritage value of objects, buildings, places and landscapes and action 9.4.1 is to regularly review and streamline development control. The proposed amendment to the height and floor space controls will protect the heritage significance of the Millers Point Heritage Conservation Area consistent with the state and local heritage listings.

2 Is the planning proposal consistent with applicable State Environmental Planning Policies (SEPPs)?

The Planning Proposal is consistent with applicable State Environmental Planning Policies (SEPPs) and Deemed State Environmental Planning Policies (former REPs) as shown in Table 3 Consistency with State Environmental Planning Policies. Table 3 Consistency with State Environmental Planning Policies (SEPPs)

Consistency with State Environmental Planning Policies SEPPS with which 6 Number of Storeys in a Building; 22 Shops and Commercial Premises; 32 Urban the Planning Consolidation (Redevelopment of Urban Land); 33 Hazardous and Offensive Proposal is Development; 55 Remediation of Land; 60 Exempt and Complying Development; consistent. The 64 Advertising and Signage; 65 Design Quality of Residential Flat Development; 70 Planning Affordable Housing (Revised Schemes); SEPP (Building Sustainability Index: BASIX) Proposal will not 2004; SEPP (Housing for Seniors or People with a Disability) 2004; SEPP (Major constrain or Development) 2005; SEPP (Infrastructure) 2007; SEPP (Temporary Structures) hinder the 2007; SEPP (Exempt and Complying Development Codes) 2008; SEPP (Affordable Application of Rental Housing) 2009 the SEPP SEPPS that are 3 Development Without Consent and Miscellaneous Exempt and Complying not applicable to Development; 10 Retention of Low Cost Rental Accommodation; 14 Coastal the Planning Wetlands; 15 Rural Landsharing Communities; 19 Bushland in Urban Areas; 21 Proposal Caravan Parks; 26 Littoral Rainforests; 29 Western Sydney Recreation Area; 30 Intensive Agriculture; 36 Manufactured Home Estates; 39 Spit Island Bird Habitat; 41 Casino Entertainment Complex; 44 Koala Habitat Protection; 47 Moore Park Showground; 50 Canal Estate Development; 52 Farm Dams and Other Works in

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Land and Water Management Plan Areas; 59 Central Western Sydney Regional Open Space and Residential; 62 Sustainable Aquaculture; 71 Coastal Protection; SEPP (Kurnell Peninsula) 1989; SEPP (Penrith Lakes Scheme) 1989; SEPP (Sydney Region Growth Centres) 2006; SEPP (Kosciuszko National Park— Alpine Resorts) 2007; SEPP (Mining, Petroleum Production and Extractive Industries) 2007; SEPP (Miscellaneous Consent Provision) 2007; SEPP (Rural Lands) 2008; SEPP (Western Sydney Employment Area) 2009; SEPP (Western Sydney Parklands) 2009; SEPP (Urban Renewal) 2010; SEPP (SEPP 53 Transitional Provisions) 2011; SEPP (State and Regional Development) 2011; SEPP (Sydney Drinking Water Catchment) 2011; SEPP (Three Ports) 2013 Consistency with Deemed State Environmental Planning Policies (former REPs) Deemed SEPPS 5 (Chatswood Town Centre); 8 (Central Coast Plateau Areas); 9 Extractive Industry that are not (No 2—1995); 11 Penrith Lakes Scheme; 13 Mulgoa Valley; 16 Walsh Bay; 17 applicable to the Kurnell Peninsula (1989); 18 Public Transport Corridors; 19 Rouse Hill Planning Development Area; No 20 Hawkesbury‐ Nepean River (No 2—1997); 24 Homebush Proposal Bay Area; 25 Orchard Hills; 26 City West; 28 Parramatta; 29 Rhodes Peninsula; 30 St Marys; 33 Cooks Cove; Sydney REP (Sydney Harbour Catchment) 2005; Greater Metropolitan REP No 2 Georges River Catchment

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

The Planning Proposal is consistent with the applicable Ministerial Directions, with the exception of Direction 1.1 and 3.1, with justification provided below. Table 4 identifies whether the Planning Proposal is consistent, inconsistent or not applicable with the Directions. Key issues arising from particular directions and the necessary justification is discussed below.

Table 4: Consistency with applicable Ministerial Directions under Section 117

Consistency with Directions Directions with 2.3 Heritage Conservation; 3.3 Home Occupations; 3.4 Integrating Land Use which this Planning and Transport; 4.4 Acid Sulfate Soils; 6.1 Approval and Referral Requirements; Proposal is 6.2 Reserving Land for Public Purposes; 6.3 Site Specific Provisions; 7.1 consistent Implementation of the Metropolitan Plan for Sydney 2036

Direction 2.3 Heritage Conservation: This Planning Proposal is consistent with this Direction as it facilitates the conservation of items and an area that is of heritage significance. Directions with Direction 1.1 Business and Industrial Zones which the Planning This Planning Proposal is inconsistent with this Direction in that it reduces the Proposal is total potential floor space area for employment uses and related public inconsistent services in business zones (4)(c). However the Direction allows inconsistency if the change is considered to be of minor significance.

Seven properties in Millers Point including a church, Carlton Hotel and small scale local businesses that serve the immediate locality are zoned B1 neighbourhood centre and are heritage listed items under Sydney LEP 2012.

The Planning Proposal will remove the 9m height control and floor space control of 2:1 and make the existing height and floor space the maximum

ATTACHMENT A

permitted. This change will result in reduced development potential for five of the seven properties which are currently built below the floor space control.

The proposed amendment will continue to facilitate these uses. The businesses serve the local area which is not expected to grow because of the heritage significance of the area and of the individual properties.

The City will also be able to consider minor increases in height and floor space under clause 4.6 of the LEP which allow variations to development standards consistent with an adopted CMP.

Direction 3.1 Residential Zones This planning proposal is inconsistent with this direction as amendment reduces the permissible residential density. Inconsistency is permitted by this direction if the planning authority can demonstrate that the provisions of the draft LEP are of minor significance. The Millers Point Heritage Conservation Area is one of the most significant urban precincts in NSW, if not Australia. It is listed on the State Heritage Register and the LEP. Most properties are also individually listed on the State Heritage Register and the LEP.

The change in density is of minor significance. The precinct is not expected to deliver additional dwellings or a greater variety of dwelling types given the high level of significance and the comprehensive state and local heritage listings. Changing the density also supports direction 2.3 Heritage Conservation. Maintaining the density will enable unsympathetic additions that will erode the significance of the area but will not deliver more dwellings.

The planning proposal’s consistency with the objectives of this direction is described below: (a) to encourage a variety and choice of housing types to provide for existing and future housing needs ‐ The existing building stock contributes to the variety of housing types that will continue to provide for the range of housing needs in the council area. (b) to make efficient use of existing infrastructure and services and ensure that new housing has appropriate access to infrastructure and services – new dwellings are not expected in the Millers Point Conservation Area due to the state and local heritage listings. (c) to minimise the impact of residential development on the environment and resource lands – changing the density will not impact in the environment or resource lands. Directions that are 1.2 Rural Zones; 1.3 Mining, Petroleum Production and Extractive Industries; not applicable to 1.4 Oyster Aquaculture; 1.5 Rural Lands; 2.1 Environment Protection Zones; the Planning 2.2 Coastal Protection; 2.4 Recreation vehicle Areas; 3.2 Caravan Parks and Proposal Manufactured Home Estates; 3.5 Development Near Licensed Premises; 3.6 Shooting Ranges; 4.2 Min Subsidence and Unstable Land; 4.3 Flood Prone Lane; 4.4 Planning for Bushfire Protection; 5.1 Implementation of Regional Strategies; 5.2 Sydney Drinking Water Catchment; 5.3 Farmland of State and Regional Significance on the NSW Far North Coast; 5.4 Commercial and Retail Development along the Pacific Highway, North Coast; 5.8 Second Sydney Airport, Badgerys Creek; 5.9 North West Rail Link Corridor Strategy;

ATTACHMENT A Section C – Environmental, social and economic impact

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

The planning proposal does not adversely affect any critical habitat or threatened species, populations or ecological communities, or their habitats.

9 Are ythere an other likely environmental effects as a result of the planning proposal and how are they proposed to be managed?

No. There are no likely environmental effects arising from this planning proposal.

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

Millers Point includes examples of buildings demonstrating each stage and every major component of the area’s history. This amendment will ensure Millers Point continues as a place of social and cultural significance for the people of New South Wales.

Floor space, height, heritage controls and conservation management plans create greater certainty for future owners about the development potential of individually listed items.

Section D – State and Commonwealth interests

11 Is there adequate public infrastructure for the planning proposal?

The changes do not require the need for public infrastructure.

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

The NSW Heritage Council wrote requesting the City to urgently review the planning controls for the Millers Point Heritage Conservation Area. The NSW Heritage Council is concerned the development potential available under the existing controls in may result in unacceptable impacts on the significance of heritage items and the conservation area. City staff have met with the NSW Department of Family and Community Services and Office of Environment and Heritage staff to discuss approaches protecting the significance of Millers Point.

The City will consult with Department of Family and Community Services and the NSW Heritage Council.

ATTACHMENT A Part 4 Mapping

The Planning Proposal amends the Building Height and Floor Space Ratio Map in the Sydney Local Environmental Plan 2012 by removing the existing building height control of 9m and floor space ratio control of 2:1 for the Millers Point Heritage Conservation Area. A copy of the draft maps are provided at Appendix A.

Amend the LEP Heights of Buildings map, as shown on sheets HOB_ 013 and HOB_014 at Part 4 Maps

Amend the LEP Floor Space Ratio map, as shown on sheets FSR_013 and FSR_014 at Part 4 Maps

ATTACHMENT A Part 5 Community consultation

The Planning Proposal will be publicly exhibited in accordance with the Gateway Determination. It is anticipated that the Planning Proposal and Draft DCP will be exhibited for at least 28 days. The City will also further consult with public authorities including the NSW Department of Family and Community Services and theW NS Heritage Council during this time.

Public exhibition will include:

(a) notification through the City of Sydney website and newspapers that circulate widely in the area,

(b) written notification of the public exhibition to all owners, occupants, local interest groups and residents in adjacent sites, and

(c) information relating to the Planning Proposal and draft DCP will be made available on the City of Sydney website and on display at the City’s One Stop Shop.

ATTACHMENT A Part 6 Project Timeline

It is estimated that this amendment to Sydney LEP will be completed by July 2015 as follows:

Nov Dec‐ Jan‐ Feb‐ Mar‐ Apr‐ May‐ June‐ Jul‐ ‐14 14 15 15 15 15 15 15 15 Submit to the Department of Planning and Environment for Gateway Determination Gateway Panel consider Planning Proposal Receive Gateway Determination Public Exhibition of Planning Proposal Review of submissions received Post Exhibition report to Council and CSPC Council Meetings Forward draft Planning Proposal to Department of Planning and Environment with a request it be made Draft Planning Proposal is legally drafted and made

ATTACHMENT A

Appendix A

Draft Sydney Local Environmental Plan 2012 maps

‐ Height of Buildings Map ‐ Floor Space Ratio Map

Sydney Local Environmental

Plan 2012 NORTH SYDNEY LGA

NORTH SYDNEY LGA

Height of Buildings Map

- Sheet HOB_013 NO

Maximum Building Height (m)

A 3 X 45

E 6 Y 50

H 7.5 Z 55 y a w h ig H

ld I AA1 e 8 60 fi d a r B J 9 AA2 65

L 11 AA3 70

M 12 AB1 80

O 15 AB2 85

P 18 AC 110

R 22 AD 130

S 24 AE 150

T1 AH 25 235 Sydney Harbour T2 27 Area 1

T3 28 Area 2

T4 29 Area 3

U1 30 Area 4

U2 33 Area 5

V 35 Area 6

W1 40 Area 7

W2 H 42 a ATTACHMENT r

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s 7200_COM_FSR_014_005_20140815 W1 T a E ATTACHMENT A

Appendix B

Properties within the Millers Point Heritage Conservation Area to which this Planning Proposal applies

ATTACHMENT A

Suburb Item Name Address Property Description Significance Item No. Ownership (Sydney LEP 2012) Millers Point Shops and residences 1–7 Argyle Place Lot 7, DP 739194 (SP State I870 Private including interiors 69703, SP 79818) Millers Point Shops and residences 6–12 Argyle Lot 1, DP 737194 (SP State I871 Private including interiors Place 69702) Millers Point Palisade Hotel including 35–37 Lot 1, DP 738240; Lot State I874 Private interior Bettington 5, DP 869022 Street Millers Point Terrace group including 66–68 Lot 102, DP 1129795 State I875 Housing NSW interiors Bettington Street Millers Point Terrace group “Dalgety 7–35 Dalgety Lot 103, DP 1129795 State I878 Housing NSW Terrace” (7–13A Dalgety Road Road) including interiors Millers Point Terrace group (15–35A 7–35 Dalgety Lot 103, DP 1129795 State I879 Housing NSW Dalgety Road) including Road interiors Millers Point Former warehouse “MSB 36 Hickson Road Lot 12, DP 1065410 State I880 Private Stores” including interior Millers Point Terrace duplex group 2–36 High Street Lot 8, DP 739194 State I883 Housing NSW including interiors Millers Point Terrace duplex group 3–9 High Street Lot 18, DP 773849 State I884 Housing NSW including interiors Millers Point Terrace group (115–121 3–9 High Street Lot 18, DP 773849 State I885 Housing NSW Kent Street) including interiors Millers Point Lance Kindergarten 37 High Street Lot 9, DP 739194 Local I886 City of Sydney including buildings and their interiors, early remnant fencing and grounds Millers Point Terrace duplex group 38–72 High Lot 10, DP 739194 State I888 Housing NSW Street Millers Point Terrace duplex group 74–80 High Lot 11, DP 739194 State I889 Housing NSW Street Millers Point Former warehouse 1–17 Kent Street Lot 2, DP 737194 State I891 Private “Oswald Bond Free Store” including interior Millers Point Millers Point Post Office 10–12 Kent Lot 5, DP 43741 State I892 Private including interior and Street outbuilding Millers Point St Brigid’s Roman Catholic 14–16 Kent Lot 1, DP 86217 State I893 Private Church and School Street including buildings and their interiors and grounds Millers Point Terrace group including 18–22 Kent Lot 101, DP 1063868 State I894 Housing NSW interiors Street Millers Point Lord Nelson Hotel including 19 Kent Street Lot 3, DP 737194 State I895 Private interior Millers Point Shops and residences 21–29 Kent Lot 1, DP 739194 (Lots State I896 Private including interiors (9 Argyle Street 1–3, SP 72082) Place)

ATTACHMENT A

Suburb Item Name Address Property Description Significance Item No. Ownership (Sydney LEP 2012) Millers Point Shops and residences 21–29 Kent Lot 1, DP 739194 (Lots State I897 Private including interiors (9 Argyle Street 4–11, SP 72082) Place) Millers Point Commercial building 24–26 Kent Lot 100, DP 1063868 State I898 Housing NSW “House of Bodleigh” Street including interior Millers Point Terrace house (28 Kent 28–94 Kent Lot 1, DP 618262 State I899 Housing NSW Street) including interior Street Millers Point Terrace house (30 Kent 28–94 Kent Lot 1, DP 618262 State I900 Housing NSW Street) including interior Street Millers Point Terrace group (32–40 Kent 28–94 Kent Lot 1, DP 618262 State I901 Housing NSW Street) including interiors Street Millers Point Terrace house (42 Kent 28–94 Kent Lot 1, DP 618262 State I902 Housing NSW Street) including interior Street Millers Point Terrace house (44 Kent 28–94 Kent Lot 1, DP 618262 State I903 Housing NSW Street) including interior Street Millers Point Terrace house (46 Kent 28–94 Kent Lot 1, DP 618262 State I904 Housing NSW Street) including interior Street Millers Point Terrace group (48–52 Kent 28–94 Kent Lot 1, DP 618262 State I905 Housing NSW Street) including interiors Street Millers Point Terrace house (54 Kent 28–94 Kent Lot 1, DP 618262 State I906 Housing NSW Street) including interior Street Millers Point Terrace group (56–62 Kent 28–94 Kent Lot 1, DP 618262 State I907 Housing NSW Street) including interiors Street Millers Point Terrace group “Blyth 28–94 Kent Lot 1, DP 618262 State I908 Housing NSW Terrace” (82–88 Kent Street Street) including interiors Millers Point Terrace group (90–92 Kent 28–94 Kent Lot 1, DP 618262 State I909 Housing NSW Street) including interiors Street Millers Point Terrace house “Toxteth” 28–94 Kent Lot 1, DP 618262 State I910 Housing NSW (94 Kent Street) including Street interior Millers Point Captain Cook Hotel 33–35 Kent Lot 10, DP 843179 State I911 Private including interior Street Millers Point Terrace group “Alfred’s 37–55 Kent Lot 2, DP 739194 State I912 Housing NSW Terrace” (37–47 Kent Street Street) including interiors Millers Point Terrace group (49–51 Kent 37–55 Kent Lot 2, DP 739194 State I913 Housing NSW Street) including interiors Street Millers Point Terrace group (53–55 Kent 37–55 Kent Lot 2, DP 739194 State I914 Housing NSW Street) including interiors Street Millers Point Terrace group “Hexham 59–63 Kent Lot 3, DP 739194 State I915 Housing NSW Terrace” including interiors Street Millers Point Terrace group (71–73 Kent 71–87 Kent Lot 5, DP 739194 State I916 Housing NSW Street) including interiors Street Millers Point Terrace group “Winsbury 71–87 Kent Lot 5, DP 739194 State I917 Housing NSW Terrace” and “Winsbury Street House” (75–79 Kent Street) including interiors Millers Point Terrace house “Seaforth 71–87 Kent Lot 5, DP 739194 State I918 Housing NSW Terrace” (81 Kent Street) Street including interior

ATTACHMENT A

Suburb Item Name Address Property Description Significance Item No. Ownership (Sydney LEP 2012) Millers Point Terrace group (83–85 Kent 71–87 Kent Lot 5, DP 739194 State I919 Housing NSW Street) including interiors Street Millers Point Terrace group “Agar Steps 110–114 Kent Lot 1, DP 877598 (Lots Local I921 Private Terrace” (5–9 Agar Steps) Street 1–6, SP 57193) including interiors Millers Point Terrace group “Carlson 110–114A Kent Lots 1 and 2, DP Local I922 Private Terrace” including interiors Street 877598 Millers Point House “Richmond Villa” 116–122 Kent Lot 2, DP 258052 Local I923 Private including interior Street Millers Point Terrace group including 123–125 Kent Lot 22, DP 773847 State I924 Housing NSW interiors Street Millers Point Terrace group “Glover 124–134 Kent Lot 3, DP 258052; Lot Local I925 Private Cottages” including Street 3, DP 258013 interiors Millers Point Hero of Waterloo Hotel 81–83 Lower Lot 32, DP 788672 State I926 Private including interior Fort Street Millers Point Cottage and former 14–16 Merriman Lot 93, DP 1063867 State I927 Housing NSW workshop, wall and Street interiors Millers Point Cottage (18 Merriman 18–48 Merriman Lot 92, DP 1063867 State I928 Housing NSW Street) including interior Street Millers Point Terrace group (20–42 18–48 Merriman Lot 92, DP 1063867 State I929 Housing NSW Merriman Street) including Street interiors Millers Point Terrace group (44–48 18–48 Merriman Lot 92, DP 1063867 State I930 Housing NSW Merriman Street) including Street interiors Millers Point Terrace group (56–60 18–48 Merriman Lot 92, DP 1063867 State I931 Housing NSW Bettington Street) including Street interiors Millers Point Terrace group including 18–20 Munn Lots 6 and 7, DP State I932 Housing NSW interiors Street 869022; Lot 2, DP 738240 Millers Point Community building 2 Watson Road Land in MS 2040.3000 Local I940 State of NSW “Abraham Mott Hall” including interior Millers Point Terrace group (1–63 1–75 Windmill Lot 96, DP 1073576 State I941 Housing NSW Windmill Street) including Street interiors Millers Point Terrace house (65 Windmill 1–75 Windmill Lot 96, DP 1073576 State I942 Housing NSW Street) including interior Street Millers Point Terrace house (67 Windmill 1–75 Windmill Lot 95, DP 1073576 State I943 Housing NSW Street) including interior Street Millers Point Terrace house (69 Windmill 1–75 Windmill Lot 96, DP 1073576 State I944 Housing NSW Street) including interior Street Millers Point Terrace house (71 Windmill 1–75 Windmill Lot 96, DP 1073576 State I945 Housing NSW Street) including interior Street Millers Point Terrace house “Stevens 1–75 Windmill Lot 96, DP 1073576 State I946 Housing NSW Terrace” (73 Windmill Street Street) including interior

ATTACHMENT A

Suburb Item Name Address Property Description Significance Item No. Ownership (Sydney LEP 2012) Millers Point Former Shipwrights Arms 1–75 Windmill Lot 96, DP 1073576 State I947 Housing NSW Inn (75 Windmill Street) Street including interior Millers Point Terrace house “Argyle 1–75 Windmill Lot 96, DP 1073576 State I948 Housing NSW House” (85 Lower Fort Street Street) including interior Millers Point Lane between Argyle Place 1–75 Windmill Lot 96, DP 1073576 Local I949 Housing NSW and Windmill Street (north Street of Argyle Place) Millers Point Terrace group (24–32 1–75 Windmill Lot 96, DP 1073576 State I950 Housing NSW Argyle Place) including Street interiors Millers Point House “Osborne House” 1–75 Windmill Lot 94, DP 1073576 State I951 Housing NSW (34 Argyle Place) including Street interior Millers Point Terrace group (36–44 1–75 Windmill Lot 96, DP 1073576 State I952 Housing NSW Argyle Place) including Street interiors Millers Point Terrace group (46–48 1–75 Windmill Lot 96, DP 1073576 State I953 Housing NSW Argyle Place) including Street interiors Millers Point House “Undercliff Cottage” 1–75 Windmill Lot 96, DP 1073576 State I954 Housing NSW (50 Argyle Place) including Street interior Millers Point Terrace group “Undercliff 1–75 Windmill Lot 96, DP 1073576 State I955 Housing NSW Terrace” (52–60 Argyle Street Place) including interiors Millers Point Terrace group (62–64 1–75 Windmill Lot 96, DP 1073576 State I956 Housing NSW Argyle Place) including Street interiors Millers Point Retaining Wall 2 Rhodens Lane Lot 13 DP823998 Local 1933 Park ‐ State of NSW Dawes Point Terrace group “Milton 1–19 Lower Fort Lots 82–91, DP State I541 Housing NSW Terrace” including interiors Street 832148 and front fencing Dawes Point Harbour View Hotel 18 Lower Fort Lot 30, DP 788671 State I542 Private including interior Street Dawes Point Terrace group including 20–22 Lower Lots 37 and 38, DP State I543 Housing NSW interiors Fort Street 811936 Dawes Point Terrace group “Linsley 21–23 Lower Lots 80 and 81, DP State I544 Housing NSW Terrace” including interiors Fort Street 832148 Dawes Point House (24–26 Lower Fort 24–42 Lower Lot 77, DP 816308 State I545 Housing NSW Street) including interior Fort Street Dawes Point Terrace house (28 Lower 24–42 Lower Lot 77, DP 816308 State I546 Housing NSW Fort Street) including Fort Street interior Dawes Point Terrace group (30–42 24–42 Lower Lot 77, DP 816308 State I547 Housing NSW Lower Fort Street) including Fort Street interiors Dawes Point Flat building (2–4B Trinity 24–42 Lower Lot 77, DP 816308 State I548 Housing NSW Avenue) including interior Fort Street Dawes Point House “Darling House” (8– 24–42 Lower Lot 78, DP 816308 State I549 Housing NSW 12 Trinity Avenue) Fort Street

ATTACHMENT A

including interior Dawes Point Terrace group (14–22 24–42 Lower Lot 79, DP 816308 State I550 Housing NSW Trinity Avenue) including Fort Street interiors Dawes Point Terrace group “Linsley 25–33 Lower Lots 47–59, DP State I551 Housing NSW Terrace” including interiors Fort Street 826364 Dawes Point Terrace house “Linsley 35 Lower Fort Lot 46, DP 826364 State I552 Housing NSW Terrace” including interior Street Dawes Point House “Dawesleigh” 37 Lower Fort Lot 25, DP 773846 State I553 Private including interior Street Dawes Point Terrace house “Millers 39–41 Lower Lot 24, DP 773846 State I554 Private Point House” including Fort Street interior Dawes Point House “Clydebank” 43 Lower Fort Lot 23, DP 773846 State I555 Private including interior, front Street fence, gates and coach house Dawes Point Terrace group “Palermo 47–53 Lower Lot 20, DP 773845 State I556 Housing NSW Terrace” including interiors Fort Street Dawes Point Terrace group “Garrison 50–56 Lower Lots 1–4, DP 595488 State I557 Private Terrace” including interiors Fort Street and grounds Dawes Point House “Wyong House” 55 Lower Fort Lot 21, DP 773845 State I558 Private including interiors and Street front fence Dawes Point Terrace group including 57–61 Lower Lots 70–72, DP State I559 Housing NSW interiors Fort Street 835201 Dawes Point Former Millers Point Drill 58 Lower Fort Lot 3, DP 90921 (SP State I560 Private Hall including interior Street 53918) Dawes Point Holy Trinity Anglican 60–62 Lower Lots 1 and 2, DP State I561 Private Church and Church Hall Fort Street 1035618 including interiors, grounds and fencing Dawes Point Terrace group “Vermont 63–65 Lower Lots 68 and 69, DP State I562 Housing NSW Terrace” including interiors Fort Street 835795 Dawes Point Terrace group “Eagleton 67–73 Lower Lots 64–67, DP State I563 Housing NSW Terrace” including interiors Fort Street 835795 Dawes Point Shop and residence 75–77 Lower Lot 61, DP 1062077 State I564 Housing NSW including interiors Fort Street Dawes Point Former “The Young 79 Lower Fort Lot 60, DP 1062077 State I565 Housing NSW Princess Hotel” including Street interior Dawes Point Terrace house (82 Windmill 82–86 Windmill Lot 98, DP 1064647 State I566 Housing NSW Street) including interior Street Dawes Point Terrace house (84 Windmill 82–86 Windmill Lot 98, DP 1064647 State I567 Housing NSW Street) including interior Street Dawes Point Terrace group (86–88 82–88 Windmill Lots 98 and 99, DP State I568 Housing NSW Windmill Street) including Street 1064647 interiors Dawes Point Terrace house including 90 Windmill Lot 1, DP 1007570 State 1569 Private interior Street Dawes Point Terrace house 92 Windmill Lot 2, DP 1007570 State 1570 Private Street

ATTACHMENT A

Appendix C

Privately owned non heritage listed properties within the Millers Point Heritage Conservation Area to which this Planning Proposal applies

ATTACHMENT A

Suburb Address Property Description Millers Point 5 Dalgety Road Lot 15 DP 773848 – Part of Clyne Reserve (park) Millers Point 89‐105 Kent Street Lot 101 DP 838849 Millers Point 65‐69 Kent Street Lot 4 DP 739194, Lot 1 DP 432710 Millers Point 2 Merriman Street Crown Land Reserve No.96178 (park) Dawes Point 45A Lower Fort Street Lot 111 DP 801572 Dawes Point 45B Lower Fort Street Lot 110 DP 801572 Dawes Point 45C Lower Fort Street Lot 109 DP 801572