Planning Report File No S02/01104 Pt 1 Development Application No DA 151-05-2002 Property Luna Park – I Olympic Drive Milsons Point DP48514, Lots 1247-1251, 1253-1258 and 1264 Date of Receipt 22 May 2002 State Electorate And Member Jillian Skinner MP – North Shore BCA Classification of Building 7a (carpark), and 6 (brasserie) Applicant Metro Edgely Pty Ltd Applicant’s Address 1 Olympic Drive Milsons Point Owner’s Name The land is Crown Land managed by the Luna Park Reserve Trust, leased to Metro Edgely Advertised 21 June to 19 July 2002 Advertised in the Sydney Morning Herald, Mosman Daily, mailed to 4725 addresses and 2 Site Notices. Brief Description of Proposal Stage 2 DA for Phase D: Detailed design of Car Park and Café/Brasserie buildings, Luna Park Entertainment Complex Attachments A Notice of Determination & Conditions B Photomontage C Plans D Submissions E Report by Multiplex Constructions regarding the removal of excavated spoil Recommendation Approval (subject to conditions) 1.0 INTRODUCTION 1.1. Summary A development application (DA) has been lodged by Metro Edgley Pty Ltd for the Stage 2 detailed design for the car park and café/brasserie buildings, these components having been called “Phase D” of the Luna Park Entertainment Complex by the applicant. The subject DA occupies the eastern portion of the Luna Park Entertainment Complex. The use and building envelope of the proposed buildings were approved by the Minister on 31 January as part of a Stage 1 development consent for Luna Park. The remainder of the site is the subject of a separate Development Application for detailed design, DA 201-06-2002, these works having been named “Phase E”. The proposed development relies on the Stage 1 approval, and a modification application under s96(2) of the act was lodged concurrently to amend the timing of some conditions and minor modifications of building envelopes. This application, MOD 32-05-2002 is the subject of a separate planning report. In summary, the proposed development for Phase D includes: - • The detailed design of the approved seven level carpark (including 6 basement levels), with retail and ticketing facilities at ground level, western façade to the Midway; • The detailed design of the approved a three level café/brasserie building (including 1 basement level), containing internal and external restaurant/dining and associated kitchen, storage, plant and back of house facilities; • landscaping, signage, lighting and weather protection elements; and • temporary removal and storage of existing rides including “spider”, “ranger”, “tumble bug”, U drive and “magic castle” rides. The applicant has amended the DA in response to concerns raised by nearby residents, North Sydney Council, Sydney Harbour Design Review Panel and Planning NSW. Amendments include: • redesign of the rooftop and landscaping treatment of the car park building; • redesign of the internal parking layout and ramp system; • redesign of the façade colours and materials of the café/brasserie building; and • deletion of the proposed cliff stabilisation and consequential removal of certain cliff top trees (the applicant has submitted a separate DA to address this matter). • Some further minor amendments were included to include design development since lodging. These amendments are considered to differ only in minor respects from the original application and are further considered not to give rise to any impacts beyond those in the original application, and arise primarily in response to submissions. Accordingly, these amendments were accepted as a replacement application in accordance with s55 and s90 of the Environmental Planning & Assessment Regulation 2000. In accordance with s90 of the Regulations further notification of the application was not undertaken, and the applicant was advised of the acceptance of the amended plans on 9 December 2002. (The plans of the amended “replacement application” are at tag C). The Minister for Planning is consent authority under clause 10 of State Environmental Planning Policy No. 56 – Sydney Harbour Foreshores and Tributaries (SEPP 56). The Development Application is integrated development under section 91of the EP&A Act, as an approval is required from the Waterways Authority, under Part 3A of the Rivers and Foreshores Improvement Act 1948, to permit the undertaking of works within 40 metres of Sydney Harbour. The Waterways Authority has provided General Terms of Approval in the event of DA approval. SEPP 56, Clause 11 (1) Sydney Harbour Foreshores And Tributaries, Clause 11 (1) states that development consent must not be granted for development that relates to development on land to which Schedule 1 applies unless “(a) there is a master plan for the land”. On 6 October 1998, the C:\DOCUME~1\johnsow\LOCALS~1\Temp\PLANNI~1.DOC 2 Minister exempted the Luna Park site from the requirements to prepare a Master Plan, based on the amount of work already undertaken for this site, including the adoption of a Luna Park Plan of Management under the Crown Land’s Act. The main issues relating to the proposed development include design, traffic generation, acoustic compliance of buildings, potential exhaust emissions, public access to landscaped rooftop car park, and compliance with relevant stage 1 consent conditions and relevant environmental planning instruments. Several submissions also raised issues relating to the aspects of the development for which consent has already been granted (such as use, carparking numbers, suitability and vehicle impacts). Issues are addressed under report section 6. It is considered that the proposed development generally complies with the relevant planning instruments governing the site and is acceptable in terms of its impact on surrounding development and the locality. This report recommends that the Minister approve the application subject to conditions in accordance with the Notice of Determination (tagged “A”). 2.0 BACKGROUND 2.1. Siting and Location The Luna Park site extends along the south-eastern tip of Milsons Point, generally between Glen and Northcliff Streets and the Lavender Bay foreshore. The site contains a foreshore boardwalk, pedestrian walkways, recreation space for amusements and rides, administration facilities, and plant. Surrounding land uses include: - • the North Sydney Olympic Pool directly south of the site; • Bradfield Park, southeast of the site, and under the Sydney Harbour Bridge northern gantry; • a number of commercial and residential office buildings, directly east of the site, and significantly elevated to dominate the Milsons Point skyline; and • land owned by the State Rail Authority, northeast of the site, used for the stabling of trains. The proposed development, the subject of this application (hereafter referred to as Phase D) relates to the part of the site bounded by the Luna Park Face and the Ferris Wheel, and between the foreshore boardwalk and the base of the cliff. Luna Park Phase E comprises the remainder of the Luna Park Entertainment Complex site and is the subject of a separate Stage 2 development application. C:\DOCUME~1\johnsow\LOCALS~1\Temp\PLANNI~1.DOC 3 2.2. Past approvals and statutory decisions The site is already subject to a number of recent development approvals and site decisions: - 1. DA 316/00 for the removal of the Big Dipper, approved by North Sydney Council on 20 December 1999. 2. DA 427/00 for alterations to the Crystal Palace and additions to Coney Island, approved by North Sydney Council on 27 March 2000. 3. S96 modification to DA 427/00, including the generation of noise levels, approved by North Sydney Council on 15 September 2000. 4. DA 772/00 for a Staged DA for Master Plan parameters relating to the site, and including a car park for 500 spaces. North Sydney Council approved the DA on 23 October 2000, with conditions limiting the car park to 100 spaces, and refusing two alternate car park locations. 5. On 2 February 2001, Amendment 4 to SEPP 56 was gazetted, which included the transfer of the Luna Park from Schedule 2 to a Schedule 1 of this instrument. A consequence of this amendment makes the Minister the consent authority for the Luna Park site. 6. DA 154-06-01 Stage 1 Luna Park Complex and Stage 2 commercial office building fronting Glen Street, Milsons Point, was approved by the Minister for Planning on 31st January 2002. The subject Stage 2 DA – Phase D relates to this Stage 1 approval 7. MOD 32-05-2002 to DA 154-06-01 a modification application adjusting the timing of some conditions, correcting some misdescriptions and altering some building envelopes of the carpark and brasserie, which was not yet determined by the Minister for Planning at the time of writing of this report, but has been forwarded to the Minister with a recommendation for approval. 2.3. The development application The subject development application seeks a second stage consent pursuant to Section 80(4) of the EPA Act 1979, for the following: - 1. Demolition of the southern extremity of the existing two-storey Luna Park administration building and the “tumble bug” building; 2. Bulk excavation works to a maximum depth of RL -12.890 to accommodate the proposed car park and basement area for the cafe/brasserie building; 3. Construction of a nine (9) level (plus rooftop) carpark building, accommodating 6 basement levels, 389 parking spaces (including 8 disabled parking spaces), a loading dock, garbage compactor room, and ground level retail space and Luna Park ticketing areas; 4. Removal and storage of the existing “Spider”, “Ranger”, “Tumble bug”, “U Drive” and Magic Castle” rides and amusements; 5. Relocation of the existing “Rotor” ride from the north of the existing Luna Park administration building, to adjacent to the western facade of the proposed car park building 6. Provision of a new Carousel ride adjacent to the proposed car park western facade; 7. Construction of a three (3) level cafe/brasserie building, accommodating one basement level, internal/external restaurant facilities with ancillary facilities (kitchen, storage, plant); and 8.