Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 6) (2003-231) [GG No 60 of 14.3.2003, p 4141] (NSW)

2003 No 231

New South Wales

Sydney Regional Environmental Plan

No 28—Parramatta (Amendment No 6)

under the

Environmental Planning and Assessment Act 1979

I, the Minister for Planning, make the following regional environmental plan under the Environmental Planning and Assessment Act 1979. (P02/00424/PC)

ANDREW REFSHAUGE, M.P.,

Minister for Planning

Published in Gazette No 60 of 14 March 2003, page 4141 Page 1

2003 No 231	Sydney Regional Environmental Plan No 28—Parramatta (Amendment
Clause 1	No 6)

Sydney Regional Environmental Plan No 28—

Parramatta (Amendment No 6)

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Sydney Regional Environmental Plan No 28—

Parramatta (Amendment No 6).

2      Aims of plan

This plan aims to amend Sydney Regional Environmental Plan No

28—Parramatta:

(a)	to achieve the vision for the Civic Centre outlined in the Parramatta Regional Planning Strategy by providing detailed planning objectives and controls, and
(b)	toprovidefordevelopmentinCivicPlacetooccurin accordance with the principles of the document entitled Civic Place Master Plan, and
(c)	to amend the definition of Serviced apartments to ensure that such accommodation is of sufficient amenity and is not used as permanent residential dwellings, and
(d)	to correct references to legislation that applies to Parramatta Park.

3      Land to which plan applies

This plan applies to land known as the Parramatta Primary Centre, as shown on the Primary Centre and Precincts Map within the meaning of Sydney Regional Environmental Plan No 28— Parramatta. That land is predominantly within the City of Parramatta and partly within the City of Holroyd.

4      Amendment of Sydney Regional Environmental Plan No 28— Parramatta

Sydney Regional Environmental Plan No 28—Parramatta is amended as set out in Schedule 1.

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Sydney Regional Environmental Plan No 28—Parramatta (Amendment	2003 No 231
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Amendments	Schedule 1
Schedule 1 Amendments

(Clause 4)

[1]      Clause 17 City Core zone

Insert “community facilities,” before “entertainment facilities” in clause

17 (2) (c).

[2]      Clause 26 Height of buildings

Omit clause 26 (3). Insert instead:

(3)	Sun access planes
(a) Allnewbuildingsandadditionsoralterationsto existing buildings must comply with the following sun access plane control established for the Civic Place site, the Lancer Barracks site and Jubilee Park, irrespective of the existing height of nearby buildings:

(i)      the erection of a building so that any part of the building is above the sun access plane shown on the sun access plane diagram is prohibited, unless that part of the building is a minor architectural roof feature,

(ii)     despitesubparagraph(i),variationofthesun access plane control established for the Civic Place site may be accepted if:

(A)

the development generally complies with the design principles in the approved master plan for the site, and

(B)

the development fully complies with clause

28 (2) (i), and

(C)

at least 2 hours of solar access is provided to an area of not less than 6,000 square metres within the Civic Square, as shown on the map marked “Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 6)—Parramatta City Centre—Special Areas Map, Sheet 10— Civic Place, Design Framework”, between 10 am and 2 pm during the winter solstice (22 June), and

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Sydney Regional Environmental Plan No 28—Parramatta (Amendment

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Schedule 1

Amendments

(D) it is demonstrated that any additional overshadowing of the Lancer Barracks site is confined to an area that is less than 10% of the total site area and that, in the opinion of the NSW Heritage Office and the consent authority, the additional overshadowing will not cause adverse impact on the heritage significance of the site, including its landscaping, nor the carrying out of activities and events on the site.

(b)	For the purposes of defining the sun access plane for the Civic Place site, the location of Civic Square will remain fixed up until such time as an application for its development is approved. Should consent be granted to the development of Civic Square, then all future development must comply with the sun access plane diagram based on the approved location.
(c)	Theconsentauthoritymaygrantitsconsentto modification of Civic Square only if it is satisfied that the proposal complies with clause 28 (2) (i) and will have sufficient solar access pursuant to paragraph (a) (ii).

[3]      Clause 27 Floor space ratios

Insert after clause 27 (2) (b):

(c)

In addition, floor space must be distributed on Civic Place so that:

(i)	when averaged across the whole Civic Place site, the development will not constitute a floor space ratio greater than 5.3:1, and
(ii)	the development is generally consistent with the Master Plan Concept Design, particularly Figure 7.16 (Building Mass Diagram) of that Design, being that Design as incorporated in the master plan for Civic Place, and

(iii)	sufficient solar access is provided to Civic Square on the site, and
(iv)	it achieves the objectives for Civic Place as set out in clause 28 (2) (i).

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Sydney Regional Environmental Plan No 28—Parramatta (Amendment	2003 No 231
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Amendments Schedule 1

[4]      Clause 28 Special areas

Omit clause 28 (2) (e) (vi).

[5]      Clause 28 (i)

Insert after clause 28 (2) (h):

(i)      Civic Place:

whether the development on the Civic Place site:

(i)	is generally consistent with the master plan for Civic Place, in particular the principles in Parts C and D of the master plan, and
(ii)	providesasafepedestrianorientatedpublic square with an area of at least 6,000 square metres with an east-west axis, incorporating public art, seating and other street furniture, lighting, directional signage, paving, water features and landscaping, and

(iii)	provides safe and accessible east-west at-grade and north-south through-site pedestrian links, and provides clear and easy at-grade access to the railway station, and
(iv)	provides an adequate building curtilage, and is of an appropriate scale and bulk, so as to not adversely impact upon the visual prominence and heritage significance of heritage items on, and adjacent to, the site, and
(v)	provides north-south and east-west public view corridors to St Johns Church, the Town Hall, Lancer Barracks and Leigh Memorial Church, and
(vi)	provides sufficient solar access to Civic Square, and to adjacent properties, and
(vii)	provides an at-grade east-west public access zone to the north of the building at the Smith and Darcy Street corner and the south of the Parramatta Town Hall, and

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Schedule 1

Amendments

(viii)      includes satisfactory plans, timetable and outline of legally binding instruments that will ensure that a high quality public domain will be delivered prior to occupation of the new buildings, and

(ix)      will ensure that less than 40% of the total floor area on the Civic Place site is given over to residential use, and

(x)      will ensure that more than 40% of the total floor area on the Civic Place site is given over to commercial office space, and

(xi)      provides community, leisure and entertainment facilities that are consistent with the master plan framework and that have prominent pedestrian entry points from Civic Square and a strong ground level presence, and

(xii)      is designed to achieve visual and acoustic privacy to the working and living areas of the building while allowing for surveillance of the public domain, and

(xiii)     establishesaplacethatreflectsthePrimary Centre status of Parramatta and has an identity and heritage values that provide an appropriate gateway to the Central Business District, and

(xiv)      will complement the functioning of the railway station and public transport interchange and minimises potential impacts on public transport access and patronage through the appropriate location of vehicular access and egress points, the identification of carpark management procedures, the appropriate restriction and allocation of on-site carparking, the identification and implementation of principles for the promotion of public transport access to future users of the site, and the implementation of the Traffic Management Plan, and

(xv)      will enhance Church Street as the major historic north-south retail street and pedestrian spine and will ensure that uses on the site promote the future economic viability and vitality of the Church Street retail spine, and

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Amendments Schedule 1

(xvi)      will maintain sunlight into Church Street through the retention of low scale building heights at Church Street and appropriate massing and location of taller buildings behind, and

(xvii)      comprises buildings of exceptional architectural merit, that are articulated, visually interesting, innovative, energy efficient and water efficient and that respond to, and are sympathetic to, heritage buildings on and in the vicinity of the site, and

(xviii)     providesanadequatedistanceofseperation between the proposed towers at the south-eastern edge of the site so as to ensure that building mass is adequately broken up, and

(xix)      uses materials that are robust, and combined with the proposed colour scheme, recognise the heritage significance of the site, and that complement the exceptional architectural merit of the new buildings, and

(xx)     isgenerallyconsistentwiththemapmarked “Sydney Regional Environmental Plan No 28— Parramatta (Amendment No 6)—Parramatta City Centre—Special Areas Map, Sheet 10—Civic Place, Design Framework”, and

(xxi)      undertakes a wind analysis to ensure that wind tunnel effects are appropriately minimised through the design and orientation of buildings.

[6]      Clause 32 Regional Park zone

Omit clause 32 (1) (a). Insert instead:

(a) toidentifylandswhicharetrustlandsunderthe Parramatta Park Trust Act 2001, and

[7]      Clause 32 (1) (b) and (2) (a)

Omit “National Parks and Wildlife Act 1974” wherever occurring.

Insert instead “Parramatta Park Trust Act 2001”.

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Amendments

[8]      Schedule 1 Dictionary

Insert in alphabetical order:

At-grade means an access point or open space with a reduced level (R.L.) which generally reflects the natural topography of the site but which may be augmented by stairs, terracing, elevated platforms and the like, provided that convenient and sufficient disabled access is provided through the site in accordance with the Building Code of Australia and that sufficient solar, pedestrian and vehicular access is provided to adjacent properties.

Civic Place means land within the Parramatta City Centre that is located on the northern side of the Parramatta Railway Station and bounded by Macquarie Street, Smith Street, Darcy Street and Church Street Mall.

Civic Square means the public space within Civic Place as shown on the map marked “Parramatta City Centre—Special Areas Map—Civic Place, Design Framework Map”, with pedestrian linkages to the adjoining street network.

[9]      Schedule 1, definition of “City Centre Floor Space Ratio Map”

Insert in appropriate order in the definition of City Centre Floor Space

Ratio Map:

Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 6)—Parramatta City Centre—Floor Space Ratio Map

[10]      Schedule 1, definition of “City Centre Height Map”

Insert in appropriate order:

Sydney Regional Environmental Plan No 28—Parramatta

(Amendment No 6)—Parramatta City Centre—Height Map

[11]      Schedule 1, definition of “City Centre Special Areas Map”

Insert in appropriate order:

Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 6)—Parramatta City Centre—Special Areas Map, Sheet 5—Church Street

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Amendments Schedule 1

Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 6)—Parramatta City Centre—Special Areas Map, Sheet 8—Civic Centre, Height

Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 6)—Parramatta City Centre—Special Areas Map, Sheet 10—Civic Place, Design Framework

[12]      Schedule 1, definition of “City Centre Zoning Map”

Insert in appropriate order:

Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 6)—Parramatta City Centre—Zoning Map

[13]      Schedule 1, definition of “Serviced apartments”

Omit the definition. Insert instead:

Serviced apartments means a building containing 2 or more self contained dwellings that are not under separate strata title, and that:

(a)	are cleaned or serviced by the owner or manager of the building (or an agent of the owner or manager), and
(b)	provideprivateorcommunalfacilitiesthatareof adequate size and amenity, including, but not necessarily limited to, a laundry, guest reception and waiting area and external open space, and
(c)	provide temporary residential accommodation primarily for persons who have their principal place of residence elsewhere, such as tourists or visitors on business, and
(d)	are not subject to residential tenancy agreements within the meaning of the Residential Tenancies Act 1987, and
(e)	are not defined as Backpackers’ accommodation, Bed and breakfast, Boarding house, Hospital or Hotel.

[14]      Schedule 1, definition of “Sun access plane diagram”

Insert at the end of the definition:

Sydney Regional Environmental Plan No 28—Parramatta

(Amendment No 6)

BY AUTHORITY

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