A Planning Proposal (also known as a rezoning application) is a document that explains proposed changes to land use planning controls that are found in a Local Environmental Plan (LEP).
A Planning Proposal details how the controls are proposed to change, for example, by changing zoning to allow different development in particular areas or by changing controls such as the floor space ratio or height control to permit an increase in development density. It also sets out the justification for why changes are suitable for the site and an assessment of the potential impacts.
A Planning Proposal can be prepared by anyone, but usually it is either a landowner, developer, or the local council.
A Local Environmental Plan (LEP) is a legal document that guides planning decisions by local governments. It is prepared by Council and approved by the State Government. The LEP is an important planning tool that helps shape the future of our area and ensures development is done appropriately. Controls in an LEP include land use zones, building heights, floor space ratios, flood risk management controls and also heritage protections, amongst others.
A Planning Proposal is a legal mechanism to facilitate a change in planning controls, for example, zoning, floor space ratio, and height controls.
This Planning Proposal seeks to change the floor space ratio and building height controls to increase the height and density of development permitted on the site.
The Planning Proposal does not seek to change the zoning of the site under the PLEP 2023 which is MU1 Mixed Use. Under this zone, the site can be developed (subject to development consent) for commercial purposes or a mix of residential and commercial. The Planning Proposal is seeking to keep the types of permissible land uses as they are but allow for an increased permissible density and height. The Planning Proposal does not seek development consent. This happens under a separate development application process. When a development application is submitted, new public notification will be carried out and a detailed assessment will be undertaken.
The density controls that apply to the site are proposed to increase as follows:
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The maximum height control applying to the site (including bonuses) is proposed to increase from 105 metres to 153 metres. This represents an increase in permitted height of 48 metres or an additional 16 storeys. The total height control of 153 metres is approximately equivalent to a 47 storeys mixed use building.
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The total floor space ratio (FSR) control applying to the site (including bonuses) is proposed to increase from 9.7:1 to 16.56:1. This represents an increase in permitted FSR of 6.86:1. This is equivalent to an additional 13,946 square metres in floor area.
The site adjoins the Parramatta River foreshore, and flooding is one of the constraints affecting this site. As such, the applicant has prepared a flooding report as part of the Planning Proposal addressing how flooding affects the site and how a future building should respond. Based on an assessment of the site constraints and the submitted flooding report, Council officers are satisfied that future development can be safely accommodated on the site based on the proposed planning controls under the Planning Proposal. Any future development of the site will be subject to a further detailed development assessment process, and must meet Council’s flooding requirements, including ensuring all habitable rooms are set at or above the Flood Planning Level (FPL), which is the adjacent 1% AEP flood level plus a 500mm freeboard safety factor.
The draft Planning Agreement that accompanies the Planning Proposal will secure the provision of community infrastructure including five (5) affordable housing units, dedication of land adjacent the foreshore and Philip Street, construction of an upper level promenade fronting the foreshore, upgrade of the public domain within Charles Street Road reserve and development of a 6 metres setback area adjoining the Charles Street reserve. The infrastructure proposed under the draft Planning Agreement will be required to be provided partly before future construction and in full before occupation of any future building. A plain English summary of the draft Planning Agreement is provided in the Explanatory Notes as part of the public exhibition documents listed on the “Resources” side bar.
Any future development would also be subject to full development contributions under the Parramatta City Centre Local Infrastructure Contributions Plan 2022 (Amendment No. 2). Under this Plan, a development for a mixed-use building is levied on the basis of 5% of the estimated cost of development. For instance, a building costing $200,000,000 to develop would be subject to a development contributions levy of $10,000.000. This monetary contribution would be spent on delivering some of the community infrastructure listed within the Parramatta City Centre Local Infrastructure Contributions Plan 2022 (Amendment No. 2).
