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Planning Agreement for East Quarter Stage 3 - 93 Forest Road, Hurstville and First Deed of Variation to Planning Agreement

Webpage published 15/06/2017

 

Planning Agreement for East Quarter Stage 3

Parties to the Agreement

Hville FCP Pty Ltd, East Quarter Hurstville Pty Ltd & Georges River Council.
 

Address of the land

The Planning Agreement applies to Stage 3 of the East Quarter development at 93-103 Forest Road, Hurstville (part Lot 10 in DP270611).
 

Developer

Hville FCP Pty Ltd.
 

Date the agreement was entered into

The Planning Agreement was executed on 15 June 2017 and is registered on the land.
 

Summary of Planning Agreement

The Council entered into a Planning Agreement pursuant to section 93F of the Environmental Planning and Assessment Act 1979 with Hville FCP Pty Ltd and East Quarter Pty Ltd on 15 June 2017. The Planning Agreement applies to Stage 3 of the East Quarter development at 93-103 Forest Road, Hurstville and relates to an amendment to Hurstville LEP 2012 (Planning Proposal 2014/0002) and Development Consent (DA2014/1083).
 

Background

Council received an Offer to enter into a Voluntary Planning Agreement in association with the Planning Proposal PP2014/0002 and Development Application 2016/0218 on 14 November 2016.

The Planning Proposal sought an amendment to the Hurstville Local Environmental Plan 2012 to increase the building height and floor space ratio development standards applying to the Land. The Planning Proposal 2014/0002 and Development Application DA2016/0218 were jointly exhibited from 28 September to 28 October 2016.

The Offer to enter into the Planning Agreement was reported to the Council Meeting on 5 December 2016 (CCL114-16) and Council accepted the terms of Offer.

The draft Planning Agreement was exhibited from 19 April 2017 to 24 May 2017. No submissions were received during the public exhibition period.

The Development Application was approved by the Sydney South Planning Panel on 17 May 2017 with a deferred commencement condition of consent requiring the Planning Agreement be executed before consent could operate.


Description of the Agreement

The Planning Agreement will provide the following public benefits and contributions:

  • carrying out of road works at the intersection of Forest Road and Durham Street ($1.76 million)
  • payment of a monetary contribution to be applied towards public domain works on Kempt Field ($1million)
  • carrying out of landscaping works to the Forest Road frontage to the Land that are additional to any landscaping works required under a Development Consent ($46,000)
  • payment of a monetary contribution to Hurstville Public School ($131,000)
  • payment of monetary contributions to be applies towards Kempt Field works ($96,000)
  • registration of an easement in gross favour of Council allowing for public access to and from and across the Land to and from Kempt Field and Stage 2 of East Quarter).

The Planning Agreement works and dedications are in addition to the section 94 contributions levied in the development consent.
 

Public notification dates of Proposed Agreement

The proposed Planning Agreement and Explanatory Note was publicly notified from 19 April 2017 to 24 May 2017.
 

Planning agreement and explanatory note

A copy of the executed Planning Agreement and Explanatory Note is available for inspection by selecting the document link below or at Councils Service Centres during normal business hours.

Planning Agreement and Explanatory Note for East Quarter, 93-103 Forest Road, Hurstville 15 June 2017
 

First Deed of Variation to the Planning Agreement for East Quarter Stage 3

Parties to the Agreement

Hville FCP Pty Ltd and Georges River Council.
 

Address of the land

The Planning Agreement applies to Stage 3 of the East Quarter development at 93 Forest Road, Hurstville (Lots 12, 13, 14 and 15 in DP270611).
 

Developer

Hville FCP Pty Ltd.
 

Date the agreement was entered into

The First Deed of Variation to the VPA was executed on 1 October 2021.
 

Summary of First Deed of Variation to the Planning Agreement

The First Deed of Variation amends the existing Planning Agreement that was executed on 15 June 2017.

The First Deed of Variation applies to Stage 3 of the East Quarter development at 93 Forest Road, Hurstville and relates to an amendment to Hurstville LEP 2012 (Planning Proposal 2014/0002) and Development Consent (DA2014/1083).
 

Background

At the Council Meeting on 28 June 2021, Council resolved to endorse an amendment to the existing VPA for East Quarter Stage 3 between Council and Hville Pty Ltd (Developer) for public notification. 

The proposed amendments to the VPA under the First Deed of Variation relate to the Road Works and Landscaping Works as follows:

  • that the Developer pays Council a monetary contribution of $1,591,253 for Council to construct the traffic signals and associated road works at the intersection of Forest Road and Durham Street in lieu of the Developer constructing the road works. 
  • that the Developer pays Council a monetary contribution of $46,000 for Council to construct the landscaping works along the Forest Road/Durham Street frontage in lieu of the Developer constructing the works.

The proposed amendment to the VPA was on public notification from 14 July 2021 to 13 August 2021.
 

Description of the Planning Agreement

The Planning Agreement for East Quarter Stage 3 provides for the following public benefits and contributions:

  • monetary contribution to Council for road works at the intersection of Forest Road and Durham Street ($1,591,253)
  • monetary contribution to Council towards public domain works on Kempt Field ($1million)
  • monetary contribution to Council for landscaping works to the Forest Road / Durham Street frontage of Stage 3 that are additional to any landscaping works required under a Development Consent ($46,000)
  • monetary contribution to Hurstville Public School ($131,000)
  • monetary contribution to Council towards Kempt Field works ($96,000)
  • registration of public access easement across the Stage 3 Land to and from Kempt Field and Stage 2 of East Quarter.

The Planning Agreement contributions are in addition to the section 7.11 contributions levied in the development consent.
 

Public notification dates of Proposed Deed

The proposed First Deed of Variation to the VPA and Explanatory Note were publicly notified from 14 July 2021 to 13 August 2021.
 

Copy of First Deed of Variation and Explanatory Note

A copy of the executed First Deed of Variation to the Planning Agreement and Explanatory Note are available for inspection by selecting the document link below or at Councils Service Centres during normal business hours.

First Deed of Variation to Planning Agreement and Explanatory Note for East Quarter Stage 3, Hurstville – executed 1 October 2021 
 

Further Information

Enquiries regarding the Planning Agreement can be directed to Councils Strategic Planning Section on 9330 6400.