Addendum Agenda of Ordinary Meeting

571

Ordinary Meeting 30 August 2017

City Economy and Growth Report

DPG 03

Amended Voluntary Planning Agreement Coopers Paddock Warwick Farm

Strategic Direction	Generating Opportunity Attract businesses for economic growth and employment opportunities
File Ref	215672.2017
Report By	George Nehme - Senior Development Planner
Approved By	Tim Moore - Director, City Economy and Growth

Executive Summary

Council at its meeting on 19 December 2011 resolved to endorse a Planning Proposal regarding certain land on the northern and southern sides of Governor Macquarie Drive (GMD) Warwick Farm (RZ-4/2010). The objective of the planning proposal was to:

· Rezone certain land south of Governor Macquarie Drive (known as Coopers Paddock) from RE2 Private Recreation and RE1 Public Recreation to IN1 General Industrial, RE1 Public Recreation, and E2 Environmental Conservation;

· Rezone certain land north of Governor Macquarie Drive from RE2 Private Recreation to RE1 Public Recreation; and

· Make permissible with consent “Stock and Sale yards” within the RE2 Private Recreation zone.

The Planning Proposal was approved and gazetted by Liverpool Local Environmental Plan 2008 Amendment No.14 (Coopers Paddock and Inglis Site) on 17 August 2012.

At the same meeting of 19 December 2011, Council resolved to enter into a Voluntary Planning Agreement (VPA). The VPA provides a list of items, in which the Australian Turf Club (ATC) who were the land owner of the above-mentioned sites at the time, offered to provide as part of the redevelopment of the subject land. These include but are not limited to the following:

- Road/traffic improvements;

- Remediation of Designated Land;

- Construction of shared bicycle and pedestrian paths;

- Dedication of foreshore land and land required for future road widening; and

- Rehabilitation of existing vegetated areas.

Following the Gazettal of the Planning Proposal and the execution of the VPA, two Development Applications were lodged with Council being DA-333/2015 and DA-1211/2015.

Both the Development Applications are directly affected by the agreed terms of the VPA as the delivery of certain works agreed to within the VPA are linked to the timing of these developments. Due to conflicts between the original VPA and the ability to deliver and operate the two developments in a timely manner, certain amendments to the VPA have been requested. The amendments to the VPA are summarised as follows:

1) Minor amendments to the wording of the VPA to enable the interim occupation of the approved Development Applications.

Comment: It is important to note that this amendment to the VPA was agreed upon via an exchange of letters of all parties to the VPA signed on 12 July 2017.

This minor amendment will enable the approved development (DA-333/2015 and DA-1211/2015) to operate under an interim Occupation Certificate. Council officers endorsed the changes to the VPA via an exchange of letters under delegation.

The agreed changes have been incorporated into the attached amended VPA for clarification purposes..

Section 96 modifications for DA-333/2015 and DA-1211/2015 propose modifications to some conditions of consent to reflect the amendments to the VPA. The modifications have been lodged with Council and are currently under assessment.

2) Amendments to the VPA to include a set date for the traffic improvement works to be completed.

Comment: The executed VPA stipulates within Schedule 3, Part 1, Items 4A-4C that an Occupation Certificate can only be issued for the approved developments once the traffic improvements required under these items are completed.

As part of the VPA amendments, the timing of completion related to the Traffic Improvement Works, outlined in Schedule 3, Part 1, Items 4A-4B, is to be modified to include a set date as to when the traffic improvement works are to be completed. This date will be 31 July 2018 and will replace the original VPA timeframes for the delivery of these works which was prior to the issue of an Occupation Certificate.

A further amendment to item 4C is included, specifically relating to the upgrade of the intersections of Coopers Paddock and GMD as well as the intersection of GMD and the ATC car park. The amendment to item 4C will include a date as to when the traffic signals required at these intersections are to be fully operational. The date will be 31 March 2018 and will replace the original VPA timeframes for the delivery of these works which was prior to the issue of an Occupation Certificate.

The amendments to the VPA are considered to be apreferred and acceptable approach for economic and timing reasons.

3) Amendments to update the Lot References/Lot Owners/Listed Parties to the VPA and provisions of easements.

Comment: These changes are primarily administrative and are required in order to indicate the most up to date Lot References/Lot Owners/Listed Parties to the VPA and provisions of easements.

4) Amendment to provide a more practical timeline for carrying out the management of the designated land stipulated in the VPA.

Comment: The executed VPA stipulates within Schedule 3, Part 1, Item 2 that the works required under this item are to be completed by “Three (3) years from the dedication of the Designated Land to Council”.

After a review of the Vegetation Management Plan, prepared as part of the VPA, it was considered that the timing stipulated in the current VPA should be amended to ensure the management works commence irrespective of when dedication occurs and to be a more accurate reflection of the extent of works required for the management of the Designated Land.

The set dates and the works required to be completed by each date proposed to be included in the amended VPA will be as follows;

a) Carry out the completion of primary and secondary weed control and completion of revegetation works by 1 December 2018.

b) Completion of a further Two (2) years of maintenance works by 1 December 2020.

These amendments to the VPA are considered to be an acceptableapproach as the timeframes are considered more reasonable in light of the extent of works required..

5) Amendment to provide a revised timeline for carrying out the offset works of the designated land stipulated in the VPA.

Comment: The executed VPA stipulates within Schedule 3, Part 1, Item 3 that an Occupation Certificate can only be issued for the approved developments once the offset works required for the area identified as “Designated Land” under this item have been completed.

After a review of the Vegetation Management Plan, prepared as part of the VPA, it was considered acceptable to replace this timeframe with a set date as to when the offset works are to be completed by. The date proposed to be included in the amended VPA is 1 December 2018.

6) Amend the annexure plans of the VPA to correspond with the most up to date plans relating to the traffic improvements along Governor Macquarie Drive (GMD) and the construction and dedication of the bike/pedestrian path.

Comment: These changes are required to reflect the most up to date plans of the traffic improvements along GMD and the design, construction and dedication of the bike/pedestrian path.

Summary

Pursuant to section 93G of the Environmental Planning and Assessment Act 1979, the amended VPA will be exhibited for a period of 28 days subject to Council’s endorsement.

The amendments to the VPA will correct discrepancies, enable the occupation of the approved developments on an interim basis and provide an acceptable level of certainty for Council as to when the schedule of works required by the VPA will be completed.

Attached to this report is the Deed of Variation which attaches a tracked changes version of the conformed VPA detailing all the changes, including the changes to the VPA agreed to via the exchange of letters signed on 12 July 2017 and an explanatory note which summarises all the changes to the VPA.

RECOMMENDATION

That Council:

1. Approve in principle the Deed of Variation to the conformed Voluntary Planning Agreement;

2. Directs the CEO to publicly exhibit the Deed of Variation to the conformed Voluntary Planning Agreement and explanatory note for a period of 28 days, pursuant to section 93G of the Environmental Planning and Assessment Act 1979;

3. Delegates authority to the CEO, subject to consideration of any minor changes following exhibition, and subject to agreement by all parties to the VPA of the amendment to Schedule 3, Part 1, Item 2 to approve the execution of the Deed of Variation of the conformed Voluntary Planning Agreement under Power of Attorney;

4. Notes that if changes other than minor changes arise from the public exhibition process and any amendments to Schedule 3, Part 1, Item 2, other than has been recommended by this report that these will be reported back to Council; and

5. Notes that certain variations to the Voluntary Planning Agreement as identified in this report will require a Section 96 modification approval of DA-333/2015 and DA-1211/2015 to reflect the agreed changes.

REPORT

Council at its meeting on 19 December 2011 resolved to endorse a planning proposal regarding certain land on the northern and southern sides of Governor Macquarie Drive (GMD) Warwick Farm (RZ-4/2010). The objective of the planning proposal was to:

· Rezone certain land north of Governor Macquarie Drive from RE2 Private Recreation to RE1 Public Recreation; and

· Make permissible with consent “Stock and Sale yards” within the RE2 Private Recreation zone.

The Planning Proposal was approved and gazetted by Liverpool Local Environmental Plan 2008 Amendment No.14 (Coopers Paddock and Inglis Site) on 17 August 2012.

The primary sites that formed part of the planning proposal were:

a) Lot 1 DP1172051, 155 Governor Macquarie Drive Warwick Farm. This site is located on the northern side of GMD and is owned by William Inglis and Son.

b) Lot 4 Governor Macquarie Drive Warwick Farm. This site is located south of GMD and is known as Coopers Paddock. Subsequent to the endorsement of the planning proposal, a development application was lodged which sought to subdivide Lot 4, into three separate Torrens title allotments (DA-418/2014). The subdivision sought to create the three lots along the zone boundaries created by the planning proposal. The subdivision was approved by Council on 4 September 2014. The approved subdivision of Lot 4 created the following lots:

I. Lot 41 – The portion of lot 4 is zoned RE1 Public recreation and located on the eastern portion of the site adjacent to the Georges River. This site has a total site area of 2.508ha.

II. Lot 43 – The portion of lot 4 is zoned E2 Environmental Conservation and occupies the southern portion of Lot 4. This site has a total site area of 16.09ha.

III. Lot 42 – The portion of lot 4 is zoned IN1 General Industrial and is located on the northern portion of the site fronting Governor Macquarie Drive. Lot 42 has a total site area of 11.49ha.

Lots 41 and 43 are currently within the ownership of the Australian Turf Club. Lot 42 is currently owned by The Trust Company Ltd as a custodian for Stockland Trust Management Limited. The map below indicates all the relevant lots.

Figure: Relevant Lots included in the Planning Proposal

At the same meeting of 19 December 2011, Council resolved to enter into a Voluntary Planning Agreement (VPA). The VPA provides a list of items, in which the Australian Turf Club (ATC) being the primary land owner of the above-mentioned sites at the time, agreed to provide as part of the redevelopment of the subject land. These include but are not limited to the following:

- Road/traffic improvements;

- Remediation of Designated Land;

- Construction of shared bicycle and pedestrian paths;

- Dedication of foreshore land and land required for future road widening; and

- Rehabilitation of existing vegetated areas.

Following the Gazettal of the Planning Proposal on 17 August 2012 and the execution of the VPA on 14 May 2012, two Development Applications were lodged with Council. The two DA’s are identified as follows:

1) DA-333/2015 – This DA has granted consent for the construction and use of 4 warehouse facilities, associated internal access roads, carparking and signage on Lot 42 GMD Warwick Farm (i.e. Coopers Paddock). The DA was approved by the Sydney West Joint Regional Planning Panel at its meeting of 13 April 2016.

2) DA-1211/2015 – This DA approved the Construction of a Warwick Farm Selling Centre, comprising of:

· a multi-purpose selling arena

· parade ring

· hotel/office building with 145 hotel rooms, dining area and associated basement parking

· construction of a stabling precinct comprising 12 open sided horse stabling buildings to accommodate 888 horse stalls.

· construction of a truck parking area

· storage and maintenance precinct

The DA was approved on land at No.155 Governor Macquarie Drive Warwick Farm. The DA was approved by the Sydney West Joint Regional Planning Panel at its meeting of 15 June 2016.

Both the Development Applications above are directly affected by the agreed terms of the VPA entered into as part of the Planning Proposal. Due to conflicts between the current VPA and the ability to deliver and operate the two approved development applications in a timely manner, particular amendments to the VPA are required. The amendments to the VPA and the reasoning are summarised as follows:

Variations to the VPA

1) Minor amendment to the VPA to enable both approved developments to operate under an Interim Occupation Certificate

The executed VPA had stipulated terms and provisions within the body of the VPA and within the schedules attached to it, which require certain road upgrade works and traffic improvements to GMD to be completed prior to the issue of an Occupation Certificate for the approved development applications detailed above (i.e. DA-333/2015 and DA-1211/2015).

Due to delays in the delivery and completion of the traffic improvement works, the approved developments will not be able to operate within a timely manner as an Occupation Certificate can only be issued when the schedule of works required by the VPA have been completed.

As such, Council and the remaining parties to the VPA (i.e. Inglis, Stockland and the Australian Turf Club) agreed to a minor amendment of the VPA via an exchange of letters. The amendment was signed on 12 July 2017. The minor amendment to the executed VPA was sought to enable both approved developments to start operating under an Interim Occupation Certificate until such time as the schedule of works listed in the VPA have been completed.

This will allow both developments to proceed in a timely manner, while providing an acceptable level of certainty that the required schedule of works under the VPA will be completed.

It is important to note that all parties have agreed to the minor amendment of the VPA via the letter of exchange signed on 12 July 2017. The agreed changes have been incorporated into the amended VPA, which is before Council for endorsement.

Section 96 modifications for DA-333/2015 and DA-1211/2015 propose modification to some conditions to reflect these amendments to the VPA. The modifications have been lodged with Council and are currently under assessment.

Should Council endorse the amended VPA, the modifications will require the rewording of certain conditions within the approved consents to enable the interim occupation of both developments for a time limited period.

The VPA has enabled Council to collect and hold security bonds for the road upgrade works and traffic improvements to GMD.

2) Amendments to the VPA to include a set date for the traffic improvement works to be completed.

The executed VPA stipulates within Schedule 3, Part 1, Items 4A-4C that an Occupation Certificate can only be issued for the approved developments once the traffic improvements required under these items are completed.

As part of the VPA amendments, the timing of completion related to the Traffic Improvement Works, outlined in Schedule 3, Part 1, Items 4A-4C, is to be modified to include a set date as to when the traffic improvement works are to be completed by. The date as to when all traffic improvement works are to be completed by will be set at 31 July 2018.

A further amendment to item 4C is included, specifically relating to the upgrade of the intersections of Coopers Paddock and GMD as well as the intersection of GMD and the ATC car park. The amendment to item 4C will include a date as to when the traffic signals required at these intersections are to be fully operational. The date that will be set under item 4C will be 31 March 2018.

These amendments to the VPA are considered to be an acceptableapproach for the following reasons:

· The amendment will enable the approved developments to start operating under an Interim Occupation Certificate for a limited period, which will provide a substantial economic benefit to the Liverpool LGA.

· The inclusion of a set date as to when the traffic improvement works are to be completed by will provide an acceptable level of certainty as to when the road upgrade works required to cater for the expected traffic increase will be completed.

Section 96 modifications for DA-333/2015 and DA-1211/2015 propose to incorporate these amendments to the VPA. The modifications have been lodged with Council and are currently under assessment.

If Council endorse the amendment VPA, the modifications will require the rewording of certain conditions within the approved consents to enable the interim occupation of both developments for a time limited period, to align with the amended VPA. The time limited period will be based on the set time of completion of the road works required under the VPA. As such the time limit set would be 31 July 2018.

As mentioned above, it is also important to note that Council holds in its possession monetary bonds in excess of $6 million as a security for the agreed works.

3) Update of Lot References/Lot Owners/Listed Parties to the VPA

Since the execution of the original VPA, some of the lots impacted by the VPA are now identified by a different Lot and DP as a consequence of subsequent subdivision approvals. For clarity purposes an amendment to the VPA is required to reflect the most recent Lot and DP references. The Lot owners of several lots identified in the original VPA have changed since the execution of the original VPA and as such additional parties are now affected by the executed VPA. Therefore, for clarity purposes the VPA is to be amended to reflect the current owners of the Lots along with the all the additional parties to the VPA.

4) Amendment to provide a more practical timeline for carrying out the management of the designated land stipulated in the VPA.

Designated land is the area identified within the VPA as the area zoned RE1 Public Recreation and E2 Environmental Conservation. The Designated Land is to eventually be dedicated to Council.

The executed VPA stipulates within Schedule 3, Part 1, Item 2 that the works required under this item are to be completed by “Three (3) years from the dedication of the Designated Land to Council”.

The works required under this item have been extrapolated from the Vegetation Management Plan (VMP) for the Designated Lands, prepared by Travers Bushfire Ecology, reference A14149, dated October 2015. This Vegetation Management Plan has been reviewed and endorsed by Council.

After a review of the VMP, it was considered that the timing stipulated in the current VPA should be amended to provide a more practical timeframe in consideration of the extent of works required for the management of the Designated Land.

The set dates and the works required to be completed by each date that will be included in the amended VPA will be as follows:

a) Carry out the completion of primary and secondary weed control and completion of revegetation works by 1 December 2018.

b) Completion of a further Two (2) years of maintenance works by 1 December 2020.

These amendments to the VPA are considered to be l acceptable approach for the following reasons:

· To ensure works commence as soon as possible

· To provide a better level of certainty as to when the timing of the completion of the management works required within item 2 are completed.

· The amendments are a true reflection of the extent of works required for the management of the Designated Land.

5) Amendment to provide a more practical timeline for carrying out the offset works of the designated land stipulated in the VPA.

Designated land is the area identified within the VPA as the area zoned RE1 Public Recreation and E2 Environmental Conservation. The designated land is to eventually be dedicated to Council.

The executed VPA stipulates within Schedule 3, Part 1, Item 3 that an Occupation Certificate can only be issued for the approved developments once the offset works required for the area identified as “Designated Land” under this item have been completed.

As part of the VPA amendments, the timing of completion related to the Offset Works in Schedule 3, Part 1, Item 3, is to be modified to include a set date as to when the offset works are to be completed by. The date proposed to be included in the amended VPA will be 1 December 2018.

These amendments to the VPA are considered to be an acceptable approach for the following reasons:

· The amendment will allow the approved developments to start operating without the dependency on the completion of the required offset works, which will provide a substantial economic benefit to the Liverpool LGA.

· The inclusion of a set date as to when the offset works are to be completed provides an acceptable level of certainty that the works required will be completed within a reasonable time frame.

6) Amendment to the annexure plans

a) Intersection Treatment along GMD

The Annexure plan known as Annexure 2 of the executed VPA provided plans that detailed certain intersection treatments along GMD fronting both development sites. The Annexure plan detailed the requirement for the provision of roundabouts to cater for the expected up lift in traffic.

However since the execution of the VPA, Council has undertaken a further analysis of the intersections and concluded that the intersection treatments required under the executed VPA will not efficiently cater for the expected up lift in traffic movements. As such it was considered that the intersection treatment adopted in the original executed VPA be amended to provide for signalised intersections in replacement of the roundabouts.

The Development Applications (DA-333/2015 & DA-1211/2015) were subsequently approved and designed to cater for a signalised intersection instead of roundabouts.

A section 96 modification was also lodged and approved for DA-27/2012. DA-27/2012, on 9 October 2012 approved a Development Application for traffic improvements along GMD. The traffic improvements approved as part of DA-27/2012 provided roundabouts that aligned with the original executed VPA. However as the preferred intersection treatments are now signalised, a modification application to DA-27/2012 was lodged with Council to amend the traffic improvements to reflect signalised intersections instead of roundabouts. The modification to DA-27/2012 was approved on 15 December 2016.

The Annexure of the executed VPA has been amended to include the updated intersection treatment plan that caters for a signalised intersection in replacement of roundabouts. The amended intersection treatments along GMD will allow for the better functioning of GMD over the long term.

b) Bike paths

Similar to point a) above, the Annexure plan known as Annexure 2 of the executed VPA provided a plan that detailed the location and construction of a bike/pedestrian path. Since the execution of the VPA, the location and design of the path has slightly changed.

The Annexure of the executed VPA, has been amended to include the updated location and design of the bike/pedestrian path.

The requirement for the construction of the path and timing as to when it was to be provided was outlined within Schedule 3, Part 1, items 5A and 5B of the executed VPA and is detailed as follows:

The timing of the delivery of the bike path is currently tied to the provision of an Occupation Certificate for the approved development applications (DA-333/2015 & DA-1211/2015). The amended VPA requires completion of the bike path before 1 December 2018, to provide a better level of certainty as to when it will be completed and to enable earlier occupation of the approved developments with related economic and employment benefit to Liverpool.

Conclusion

The amendments to the VPA will correct discrepancies, enable the occupation of the approved developments on an interim basis and provide a level of certainty for Council as to when the schedule of works required by the VPA will be completed.

Council’s legal team have been consulted and have reviewed the VPA amendments and found the changes to be acceptable.

Attached to the Council report is the signed letter of exchange which approved the minor amendments to the VPA. Also attached to this report is the Deed of Variation which attaches a tracked change version of the VPA detailing all the changes, including the changes to the VPA agreed to via the exchange of letters signed 12 July 2017 and an explanatory note which summarises all the changes to the conformed VPA.

CONSIDERATIONS

Economic	Deliver and maintain a range of transport related infrastructure such as footpaths, bus shelters and bikeways. Deliver a high quality local road system including provision and maintenance of infrastructure and management of traffic issues. Facilitate economic development.
Environment	Protect, enhance and maintain areas of endangered ecological communities and high quality bushland as part of an attractive mix of land uses.
Social	There are no social and cultural considerations.
Civic Leadership	There are no civic leadership and governance considerations.
Legislative	Section 93F of the Environmental Planning and Assessment Act 1979 NSW.