Draft Deed of Variation for Voluntary Planning Agreement for 6 Cross Street, Hurstville

Public Exhibitions 05/06/2019

Summary

Council has received an offer to enter into a Deed of Variation for the Planning Agreement for 6 Cross Street, Hurstville

A Planning Agreement (VPA) between Council and the Illawarra Catholic Club Ltd was executed on 20 March 2018 for part of Lot 100 DP123004, No. 6 Cross Street, Hurstville.

The VPA relates to the carrying out of the Development of the Land under the Development Consent DA2017/0040 and requires the Developer to make a monetary contribution to Council of $976,147. The contributions are to fund public infrastructure in the Hurstville City Centre, including the embellishment of the Central Plaza and upgrade of the local road network. The contributions have been paid in accordance with the terms of the VPA.
 
An offer to enter into a VPA and to amend the existing executed VPA was received by Council on 27 September 2018 in relation to DA2018/0182 which proposes additional usable floorspace within the approved Development. The VPA offer provides for a monetary contribution of $142,605.19  to be used for public infrastructure in the Hurstville City Centre and upgrades to the local road network.
 
Council accepted the VPA offer on 26 November 2018 and an amendment to the executed VPA, (a Deed of Variation to the Planning Agreement) has been prepared for the purpose of public notification.

Background

The original executed VPA relates to the Development Application (DA2017/0040) which proposes the demolition of existing structures and construction of a 9 storey building containing an extension to the Illawarra Catholic Club and tourist and visitor accommodation.
 
Council received an Offer to enter into a VPA in association with the Development Application from the Illawarra Catholic Club Ltd on 21st July 2017.

The Offer to enter into the VPA was reported to the Council Meeting on 7 August 2017 (CCL153-17). Council accepted the terms of Offer to enter into a VPA. The draft VPA was drafted in accordance with the Offer and exhibited from 10 January to 16 February 2018. The VPA was executed on the 20th March 2018.

Subsequent to this, Council received an offer to enter into a VPA and to amend the existing VPA (referred to as a Deed of Variation) dated 27 September 2018 in association with Development Application (DA2018/0182) on the same site from the Illawarra Catholic Club Ltd.

The VPA offer to enter to amend the executed VPA ( Deed of Variation to the Planning Agreement) was reported to Council on the 26th November 2018 (CCL066-18). Council accepted the terms of Offer to enter into a Deed of Variation. The draft Deed of Variation to be exhibited has been drafted in accordance with the Offer.
 

Development Application Details (DA2018/0182 and DA2017/0040) at 6 Cross Street, Hurstville

The  Development Applications relating to the Developments have been publicly notified and Development Consents have been issued. A copy of the plans and Consents can be viewed on Council’s website “Track a Development Application”.
 

Description of the executed VPA


The executed VPA required the Developer to make a monetary contribution to Council of $976,147 toward public infrastructure in the Hurstville City Centre including the embellishment of the Central Plaza and upgrade of the local road network. The contribution under this VPA has been paid in accordance with the terms of the VPA.

The monetary contribution is over and above any section 7.11, section 7.12 and s7.24 contributions under the Environmental Planning and Assessment Act 1979 applicable to the development.


Description of the amendment to the executed VPA (Deed of Variation to the Planning Agreement)

The Illawarra Catholic Club Ltd offered to enter into a VPA and to amend the existing VPA in relation to the Development Application (DA2018/0182) that will provide for additional useable floor space through converting the 9th floor of the building to a rooftop Terrace.

The VPA offer dated 27 September 2018 provides for a monetary contribution of $142,605.19 for public infrastructure in the Hurstville City Centre and upgrade of the local road network.

The monetary contribution is over and above any section 7.11, section 7.12 and s7.24 contributions under the Environmental Planning and Assessment Act 1979 applicable to the development.

The VPA Offer was reported to Council on the 26th November 2018 (CCL066-18). Council accepted the terms of Offer to enter into a Deed of Variation and that the Deed of Variation be publicly notified.


Land to which this draft Deed of Variation to Planning Agreement applies:

The draft Deed of Variation to the VPA applies part of Lot 100 DP123004 (that was previously comprised of Lot 1 and Lot 2 DP508397) being No. 6 Cross Street, Hurstville.
 

Parties to the Agreement:

Georges River Council and the Illawarra Catholic Club Ltd (Developer)
 

Where to view the draft Deed of Variation to the Planning Agreement: 

The documentation is available for public inspection from 6 June to 8 July 2019. Click on the following links to view the documentation:

Executed Voluntary Planning Agreement and Explanatory Note
Draft Deed of Variation for the Planning Agreement
Public Exhibition Folder  - Information Sheets
Council Report
Council Minutes
Georges River Council Policy on Planning Agreements


The documentation can also be viewed at:

How to make a comment:

If you wish to comment, please forward a written submission to the General Manager, Georges River Council, PO Box 205, Hurstville BC 1481 or via email: mail@georgesriver.nsw.gov.au. Submissions should quote reference number: SF19/492 draft Deed of Variation for Planning Agreement at 6 Cross Street, Hurstville and be received by close of business, 8 July 2019. 

Enquiries can be directed to Council’s Strategic Planning Section on telephone 9330 6400.

If you make a submission and have made political donations or gifts, a statement must be completed. A form is available from Council’s website. A person may request to have their personal details suppressed, this request should be included in the submission. For more information about Council's Privacy Management Plan, contact the Council’s Governance Section on 9330 6400.