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COUNCIL ASSESSMENT REPORT

Panel Reference 2019SNH006

DA Number LDA2019/0028

LGA City of Ryde

Proposed Development Construction of four (4) commercial/retail buildings and associated works including a 17 storey gateway building and three 9 storey buildings with a gross floor area of 83,368m2 comprising a mix of offices and retail tenancies.

The proposal includes four (4) levels of shared basement parking accommodating 834 spaces and end of trip facilities. Public or publicly accessible areas include a public plaza fronting the Macquarie Park Metro Station and a ‘Central Urban Park’ at the centre of the site. A network of through-site links, paved and landscaped street frontages, as well as visitor bicycle parking are also included.

The application is pursuant to a Concept Plan Approval that applies to the site; MP 09-0209 (as modified).

Street Address 2 Coolinga Street (aka 36 to 40 Waterloo Rd aka 396 Lane Cove Road, Macquarie Park)

Applicant/Owner Australand Industrial No. 122 Pty Ltd

Date of DA lodgement 18 January 2019

Number of Submissions None

Recommendation Approval subject to conditions

Regional Development Criteria (Schedule 7 of the SEPP (State and Regional Development) 2011

General Development over $30 Million – Cost of works: $334,840,000

List of all relevant s4.15(1)(a) matters

Environmental Planning and Assessment Regulation 2000;

Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017

Environmental Planning and Assessment Act 1979;

State Environmental Planning Policy (Infrastructure) 2007

State Environmental Planning Policy (State and Regional Development) 2011;

State Environmental Planning Policy No. 55 – Remediation of Land;

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005;

Greater Sydney Regional Plan - A Metropolis of Three Cities, 2018;

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Ryde Local Environmental Plan 2014;

City of Ryde Development Control Plan 2014; and

Section 94 Development Contributions Plan 2007

List all documents submitted with this report for the Panel’s consideration

Attachment 1: Conditions of consent

Attachment 2: Plans.

Report prepared by Brendon Clendenning, Consultant Town Planner

Report date 24 October 2019

Summary of Section 4.15 matters

Have all recommendations in relation to relevant s4.15 matters been

summarised in the Executive Summary of the assessment report?

Yes

Legislative clauses requiring consent authority satisfaction

Have relevant clauses in all applicable environmental planning

instruments where the consent authority must be satisfied about a

particular matter been listed, and relevant recommendations

summarized, in the Executive Summary of the assessment report?

Yes

Clause 4.6 Exceptions to development standards

If a written request for a contravention to a development standard (clause 4.6

of the LEP) has been received, has it been attached to the assessment report?

N/A

Special Infrastructure Contributions

Does the DA require Special Infrastructure Contributions conditions (S7.24)?

No

Conditions

Have draft conditions been provided to the applicant for comment?

The applicant has agreed to all conditions with the exception of Condition 33.

This is an RMS condition and requires the applicant to enter into a Transport

Infrastructure Contribution Deed.

Yes

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1. EXECUTIVE SUMMARY

This report considers a development application associated with a concept

development application, approved under the former Part 3A of the Environmental

Planning and Assessment Act 1979 (EP&A Act) for four (4) commercial/retail buildings

and associated works at 2 Coolinga Street (AKA 36-40 Waterloo Rd, AKA 396 Lane

Cove Rd), Macquarie Park.

The concept plan approval (CPA) was made on 29 May 2012. Three modifications

have been submitted in relation to the CPA, with only the third of those modifications

being relevant to the design of the development. This modification was approved on 9

August 2018. Two applications, respectively for demolition and excavation works,

have already been determined by Council in relation to the CPA, with those

applications (and the subject application) all being submitted prior to the lapse date of

the CPA.

The application was notified and advertised in accordance with Part 2.1 of Ryde

Development Control Plan 2014 (RDCP 2014) and no submissions were received.

None of the amendments to the plans during the assessment period necessitated the

re-notification of the application.

The proposed development is consistent with the CPA, with the exception of the

proposed height increase of 0.8m for a small portion of Building A for the purpose of

rooftop plant, and for additional balconies fronting Waterloo Road.

The development does not comply with the floor space ratio or building height

requirements of the Ryde Local Environmental Plan 2014 (RLEP 2014). However, the

Concept Plan Approval prevails over the requirements of the RLEP 2014.

With respect to the RDCP 2014, the proposal will result in 14 non-compliances with

regard to landscaping and public domain, general amenity, solar access and retail

parking among others. Many of these non-compliances are the result of specific

parameters set by the CPA. These non-compliances are further assessed in relevant

sections of this report and considered satisfactory based on individual merit, as well

as consistency with the CPA.

Clause 7 of State Environmental Planning Policy No. 55 (Remediation of Land)

requires the consent authority to consider if the land is contaminated and, if it is

contaminated, is it suitable for the proposed development. The issue of land

contamination has already been considered as part of the Early Works Development

Application and will not affect the determination of this development application.

After consideration of the development against section 4.15 of the EP&A Act and the

relevant statutory and policy provisions, the proposal is considered suitable for the site

and is in the public interest. Consideration of various matters by Council’s technical

departments has not identified any fundamental issues of concern, with any matters of

concern recommended to be addressed via conditions of consent.

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The application has been referred to external authorities for comment. The Roads and

Maritime Services (RMS) and Sydney Metro have each provided their support for the

proposal subject to conditions. Notably, the RMS have required that the applicant

provide a financial contribution to intersection upgrades within the locality.

The concept DA is deemed consistent with the desired future character of the precinct

as identified in the relevant planning instruments and policies. The assessment

concludes that it will contribute to significant economic growth and the future

prosperity of Macquarie Park and facilitate the orderly development of the site. The

development is of high-quality architectural design that has responded to the location

within the mixed-use area in which it is positioned, while providing commercial

development within the central Macquarie Park precinct.

This report concludes that the development is sound in terms of design, function and

relationship with its surroundings. The report recommends that consent be granted to

this application in accordance with conditions provided in Attachment 1.

2. APPLICATION DETAILS

Applicant: Australand Industrial No. 122 Pty Limited

Owner: Australand Industrial No. 122 Pty Limited

Capital Investment Value: $334,840,000

Disclosures: No disclosures with respect to the Local

Government and Planning Legislation Amendment

(Political Donations) Act 2008 have been made by

any persons.

3. SITE DESCRIPTION

The site is located at the corner of Waterloo Road and Lane Cove Road, Macquarie

Park, and contains a total site area of approximately 15,620m2.

The site is irregular in shape owing to the adjoining lots within the immediate street

network boundaries, being the Macquarie Park Metro Station to the east and a

commercial building operated by Hyundai (“the Hyundai site:) to the south – refer to

Figure 1. The site’s primary frontage is along Waterloo Road (188.66m), being the

majority of the north-east boundary, aside from the portion that is adjacent to the

entrance to Macquarie Park Metro Station. The site is framed by three secondary

frontages; southeast along Lane Cove Road (48.48m), northwest along Coolinga

Street (120.15m), and southwest along Giffnock Avenue (81.39m).

The site contains two allotments, legally described as Lot 5 in DP 1130105 and Lot 21

in DP 602327 (refer to Figures 2 & 3). The former is predominately rectangular in

shape, spanning the length of the site’s Waterloo Road frontage, with the exception of

the Macquarie Park Station allotment located at the corner of Lane Cove Road and

Waterloo Road. The latter is smaller, rectangular in shape, and bound by Coolinga

Street, Giffnock Avenue and the adjoining lot containing the Hyundai site. Its boundary

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also follows the curve of the roundabout at the junction of Hyundai Drive and Giffnock

Avenue, which is located adjacent to the boundary shared between the subject site

and the Hyundai site.

The site’s highpoint exists toward its Lane Cove Road frontage and the adjoining

Hyundai site with an overall fall toward Coolinga Street. The site undulates slightly

with mature trees lining the interface with the public domain creating a vegetative

buffer. An open grassed area, approximately 1,500m2 in total area, is located at the

Coolinga Street frontage, towards the intersection with Waterloo Road, and is raised

by retaining walls on three sides. Onsite parking adjacent to the Waterloo Road

frontage is accessed via an inclined driveway on Coolinga Street and elevated from

general view, while onsite parking at the southwest corner of the site, accessed via

Giffnock Avenue and Coolinga Street, is closer to grade and visible from the public

domain Refer to Figures 4 to 7 for photographs of the site.

Figure 1. Aerial Image of the site location (Source: Nearmap, edited for diagrammatic purposes)

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Figure 2. Image depicting lot boundaries

(Source: SIX Maps, edited for diagrammatic purposes)

Figure 3. Extract from Survey (Source: Boxall)

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Figure 4. Macquarie Park Metro Station with Hyundai building in background

Figure 5. View north-west along Waterloo Road, with the site located behind the Metro Station

Figure 6. Carpark access from Coolinga Street

Figure 7. View northwest from Giffnock Avenue, with the side shown on the right

Existing Development

Details of these buildings are below:

• Building 1: A 6,069m2, generally two storey rectangular-shaped commercial

building that fronts Lane Cove Road and Waterloo Road. An at-grade car park

associated with Building 1 is located within the Waterloo Road and Coolinga

Street setbacks. Vehicular access to the carpark is via left-in / left-out driveways

onto/off Waterloo Road and Coolinga Street (refer to Figure 8).

• Building 2: A 1,949m2, generally two storey square-shaped commercial

warehouse building that fronts Giffnock Avenue and Coolinga Street. A second

at-grade car park associated with Building 2 is located in the Giffnock Avenue

and Coolinga Street setbacks. Vehicular access to the car park is via a single

driveway on Coolinga Street and via two separate driveways on Giffnock Avenue

(refer to Figure 9).

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Figure 8. View to Building 1 from Waterloo Road

Figure 9. View to Building 2 from corner of Coolinga Street and Giffnock Avenue

The existing buildings on the site are approved for demolition as discussed later in this

report.

Surrounding Development

Buildings in the immediate vicinity of the subject site include:

Directly adjoining the southwest boundary of the site at 394 Lane Cove Road, is an

8-storey commercial building occupied by Hyundai and a number of other

commercial entities.

Waterloo Business Park located at 35-41 Waterloo Road, Macquarie Park,

comprises office buildings and a commercial and light industrial precinct.

On the opposite side of Giffnock Avenue, at 2/4-4 Giffnock Ave, is an existing 2-

storey office and warehouse building operated by Holdmark Property.

To the north-west of the site, at 44 Waterloo Road, is a 2-storey office and

warehouse building occupied by Macquarie University’s School of Engineering.

The western entrance to the Macquarie Park Station is located at the corner of

Lane Cove Road and Waterloo Road

4. SITE CONTEXT

The site is located approximately 12km north-west of the Sydney CBD in an area

known as Macquarie Technology Park. Macquarie Shopping Centre and Macquarie

University’s main campus entrance are located approximately 800m and 1100m north-

west of the subject site respectively, with access to the Lane Cove National Pak and

Lane Cove River approximately 1200m to the north-east (refer to Figure 10).

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Figure 10 Surrounding locality

(source: Nearmap, edited for diagrammatical purposes)

The site and those surrounding are located within the B3 Commercial Core zone

under the Ryde LEP 2014, with Lane Cove Road, directly adjoining to the south-east,

located within the SP2 Infrastructure zone, for the purposes of a classified road.

The B7 Business Park zone is located along the north-eastern and south-western

edged of the B3 zone (refer to Figure 11), with the B4 Mixed Use zone located further

to the north-west of the site, and also forming part of the Macquarie Park Corridor.

Built form in this locality consists of lower density, older warehouse and office spaces,

and higher density contemporary office buildings. The scale and style of buildings are

diverse, indicative of the current trend of aged industrial building stock being replaced

by modern commercial offices and technology and service-based industries.

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Figure 11. Site zoning (B3 Commercial Core) with site shown hatched

The site has direct access to the Metro North West Line with the Macquarie Park

Station entry portal adjoining the site at the corner of Lane Cove Road and Waterloo

Road. The surrounding road network connects the site to Greater Sydney and the

CBD via major roads including Waterloo Road and Lane Cove Road that bound the

site, as well as Epping Road and the M2 Motorway, both readily accessed from within

300m and 600m respectively.

A network of smaller roads connects the site to the remainder of the Macquarie Park

precinct, surrounding residential suburbs and local centres.

5. THE PROPOSAL

This proposal seeks approval for four (4) commercial/retail buildings and associated

works, pursuant to a Concept Plan Approval that applies to the site; MP 09_0209 (as

modified).

5.1. Summary of the development

The submitted Statement of Environmental Effects provides the following summary of

the proposed development:

The construction and use of 4 buildings within the approved building envelopes,

comprising:

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o building heights that step down from a 17 storey (plus rooftop plant) gateway

building at the corner of Waterloo Road and Lane Cove Road, to 9 storeys (plus

rooftop plant) across the remainder of the site;

o 83,368m2 of gross floor area comprising a mix of offices and retail tenancies

activating the ground floor;

o 4 levels of shared basement accommodating 834 parking spaces, 24 courier

spaces, waste management and servicing facilities, and 568 bicycle parking

spaces with end of trip facilities;

o rationalising vehicle crossings to remove the four existing driveways available

from each road frontage, and provide a new tenant and service vehicle

driveway crossing off Coolinga Street, and a tenant vehicle driveway crossing

off Giffnock Avenue; and

o a 5 star Greenstar office design rating and a 5 star NABERS office energy

rating.

New public or publicly accessible areas, including:

o a 3,221m2 public plaza fronting the Macquarie Park Metro Station entry portal;

o a 2,227m2 publicly accessible park in the centre of the site and fronting

Coolinga Street;

o through-site links accessed from Waterloo Road, Lane Cove Road, Coolinga

Street and Giffnock Avenue;

o new paved and landscaped street frontages; and

o visitor bicycle parking.

The extension/augmentation of services and utilities to the development.

Signage zones.

The staged construction and occupation of buildings and public domain areas.

The stratum subdivision of buildings and surrounding areas on the site. A summary of important numerical information is provided below:

Component Proposed measurement

GFA 83,368m2

GLAR (Gross Lettable Area Retail) 5,693m2

FSR 5.33:1

Height Building A – RL 129.3 (69.3m) + 0.8m plant

Building B – RL 95.9 (39.3m)

Building C – RL 95.9 (39.3m)

Building D – RL 95.9 (39.3m)

Parking Car parking

834 spaces across four basement levels.

26 accessible spaces (incl).

24 courier spaces (excl).

Loading facilities for small, medium and heavy rigid vehicles.

Bicycle parking

469 spaces (located at basement level one).

End of trip facilities.

Public Space Station Plaza: 3,221m2

Central Open Space: 2,227m2

Table 1: Numerical details of site.

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Commercial Buildings

The application proposes four (4) commercial/retail buildings with heights stepping

from a 17 storey (plus rooftop plant) gateway building (Building A) at the corner of

Waterloo Road and Lane Cove Road, to 3 x 9 storey (plus rooftop plant) buildings

across the remainder of the site, with Building B located in the centre of the Waterloo

Road frontage, Building C at the corner of Waterloo Road and Coolinga Street, and

Building D located at the corner of Coolinga Street and Giffnock Avenue. The total

gross floor area of the development is 83,368m2, comprising a mix of office tenancies

with retail tenancies at ground floor. Four (4) levels of shared basement

accommodates 834 parking spaces, 24 courier spaces, waste management and

servicing facilities, 469 bicycle parking spaces and end of trip facilities.

The application proposes to remove the existing driveways at each road frontage, and

provide a new tenant and service vehicle driveway accessed from Coolinga Street,

and a tenant vehicle driveway accessed from Giffnock Avenue. The proposal seeks to

obtain a 5-star Greenstar office design rating and a 5-star NABERS office energy

rating supported by a Sustainability Strategy provided by WSP.

Internally, the development contains open-planned office space across the majority of

levels within each building. Building A and Building B are generally square in shape

and surround the office spaces within these buildings surround a central circulation

core. Building A is of a rectangular shape, following the generally orientation of the

site, with Building D being a roughly L-shaped building, with a similar orientation to

Building A. The circulation core for these buildings is located in the centre of the

south-western edge of each building.

All buildings contain a mixture of numerous outdoor spaces, which are typically

located at higher levels or on rooftops, with the exception being north-eastern terraces

in Building B and Building C, located at every second level within these buildings as

shown in Figure 12 below.

Figure 12. Image showing location of outdoor terrace areas

relative to the north point (source: Bates Smart)

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Retail frontages are proposed at the ground floor of each building. The majority of the

ground floor of the development is occupied by retail floor space, with additional retail

floor space also provided within the Basement 01 Level, at the Coolinga Street

frontage, in response to the slope of the land. Retail areas of the development are

depicted in Figure 13 below.

Figure 13. Image showing location of retail frontages (yellow) of the building (source: Bates Smart)

5.2. Publicly Accessible Spaces

Macquarie Park Station Plaza

The application proposes a new public plaza around the existing Macquarie Park

station portal at the eastern corner of the site. The plaza is approximately 3,221m2,

with a 10.5m-19m setback between Building A and the station portal. The plaza

creates an open space that aims to support the operation of this high-capacity

transport node.

The plaza will be finished in granite pavers and bands of porous pavement and trees.

A colonnade is to be provided along the northern frontage of Building A for weather

protection, and to accommodate areas of outdoor seating associated with the ground

floor retail tenancies. Public bicycle parking will also be provided. Building A,

described as a gateway building, comprises a significant glazed entry, with lobby and

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mezzanine, facing the station entry providing direct access for commuters. Buildings

B, C and D also feature glazed lobby entries, these however are at a smaller scale.

Central Urban Park

The application proposes a new publicly accessible park in the centre of the site and

terraced down to the Coolinga Street frontage. This park is 2,227m2 in area with open

turfed areas, fixed and movable outdoor seating, and planting along the park edges

and lining the pedestrian pathways. The park will feature street furniture and public art

and will be lined with retail and food premises.

Through-Site Pedestrian Connections

Publicly accessible pedestrian laneways will provide through-site links between

Buildings A and B (13.25m wide) and Buildings B and C (10m wide). These laneways

are direct thoroughfares between the Station and the open space located at the centre

of the site. The application proposes retail and food and beverage tenancies on both

sides of the laneways, colonnades, shopfront glazing, and outdoor seating under

retractable awnings. These laneways are intended to improve pedestrian connectivity

between buildings, the central urban park and the station plaza, while also improving

site permeability.

The publicly accessible spaces are identifiable in Figure 14 below:

Figure 14. Site Plan (source: Bates Smart)

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Architectural Renders

Figure 15. Proposed Lane Cove Road frontage as viewed from the east (Source: Bates Smart)

Figure 16. Proposed Coolinga Street frontage as viewed from the south (Source: Bates Smart)

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Figure 17. Proposed Macquarie Park Metro Station Plaza (Source: Bates Smart)

Figure 18. Proposed central open space (Source: Bates Smart)

Figure 19. Landscape Plan (Source: Bates Smart)

Construction Staging

The submitted Construction Management Plan indicates that construction is to be

staged as follows:

Stage Detail

Stage1 Construction of basement to Buildings A, B and C to ground level (excluding the ground level slab to Building C) and construction of Building A.

A temporary division wall is to be erected between the basement to Buildings A, B, C and the basement of Building D, which is to remain as an open excavation.

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Stage Detail

It is proposed to construct a temporary metal frame enclosure to enclose the interim loading dock located at Building C.

The ground level slab at Building B will be used as a temporary public open space meantime.

Stage 2 Completion of Building B.

Stage 3 Completion of basement to Building D. Removal of the temporary metal frame enclosure to the interim loading dock located at Building C, and completion of Building C.

The ground level floor slab to Building D would be utilised as temporary public open space.

Stage 4 Completion of Building D and final basement car park configuration.

Construction of the basement will proceed in the most expeditious manner with services installation, finishes and fitout works including commissioning occurring sequentially to allow commissioning of the essential services and fire safety systems to proceed.

Construction of Building A would continue from the supporting basement structure, with external podium works complete and temporary landscaping and public amenity to the remaining building footprint of Building B as shown on the staging plans.

Table 2: Details of proposed site staging.

Construction Hours The applicant has requested the following construction hours:

7am to 7pm Monday to Friday.

7am to 7pm Saturday.

No work on Sundays or Public Holidays. In addition to the above, it is also requested that consent be granted for 24 hour construction hours for internal work. 5.3. Planning Agreement

Condition A4 of the CPA (as modified) states the following:

“A4. Prior to the issue of the first construction certificate for any Development Application for buildings on the site pursuant to this Concept Plan, the Proponent shall provide written evidence to the Director-General that it has executed a Voluntary Planning Agreement with Council, with terms outlined in the EA and PPR and as agreed with Council including:

• any offsets for works in kind; and/or • works and services for public benefit in addition to section 94 contributions;

and/or • dedication of land.

Should Council not agree to enter into a Voluntary Planning Agreement, written evidence shall be provided to the Secretary outlining this.”

The applicant has offered to enter into a Voluntary Planning Agreement (VPA) with

Council and has provided a letter dated 11 September 2019. In accordance with the

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above condition, this matter does not need to be finalised until prior to the issue of the

first Construction Certificate. The VPA offer is still under assessment by Council. A

condition of consent has been imposed which will prevent any Construction Certificate

being issued unless evidence has been provided of an endorsed VPA or written

evidence that Council is not willing to enter into a VPA. If a VPA is agreed to by both

parties, it may be necessary for the applicant to submit a Section 4.55 application to

amend certain conditions of consent.

6. HISTORY OF THE CONCEPT PLAN AND SUBSEQUENT APPLICATIONS

Original Concept Plan

On 27 May 2012, the (then) Deputy Director General of the Department, as a delegate

of the Minister for Planning, approved a concept plan (MP 09_0209; “the CPA”), under

the former Part 3A of the EP&A Act, for the construction of a commercial and retail

development including:

Four (4) separate building envelopes ranging in height from 8 to 17 storeys plus

plant level;

A maximum gross floor area (GFA) of 83,368 m2;

Basement car parking for a maximum of 834 car spaces, with vehicular access

from Giffnock Avenue and Coolinga Street;

Publicly accessible pedestrian through site/courtyard 'links' between the proposed

building envelopes, which included covered pedestrian connections;

Four new publicly accessible courtyards between building envelopes;

A civic streetscape along Waterloo Road and new civic square surrounding the

entrance to the Macquarie Park station, to be dedicated to Council; and

Streetscape upgrades to all street frontages.

Modification 1 (MOD 1)

On 4 November 2016, the Director (Modification Assessments), approved a Section

75W application which extended the lapse date of the concept approval from five to

seven years (to 29 May 2019).

Modification 2 (MOD 2)

A Request for the Secretary’s Environmental Assessment Requirements (SEARs) for

a second modification to the CPA was also lodged on 24 April 2017, and SEARs were

issued 13 June 2017. This modification sought to make several changes to the

approved concept design, in order to accommodate a specific tenant on the site.

However, as negotiations with the intended tenant did not progress, the applicant did

not proceed with MOD 2, and the application did not progress to lodgement.

Modification 3 (MOD 3)

On 9 August 2018, a delegate of the Secretary of the Department of Planning and

Environment approved a number of amendments to the Part 3A Concept Plan

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applying to the site. The Section 75W Modification Application comprised the

following:

Reallocating building mass to provide for a wider station plaza and account for the

potential RMS acquisition of land by making the building envelope in this corner of

the site longer and narrower;

Reshaping the building fronting Giffnock Avenue to be an ‘L-shaped’ building

envelope to improve solar access and address the street corner;

Increasing the size of the publicly accessible central open space area and

connecting this open space to Coolinga Street;

Segregating vehicle and pedestrian entrances to the site;

The addition of atria and upper level balconies on the northern facades of

Buildings B and C;

Providing laneways and ground floor retail frontages between each of the

buildings; and

Providing an additional 3,841m2 of complementary retail intended to contribute to

the functionality and viability of the centre, and activate the site beyond typical

office hours.

Further, the modification application did not propose to alter the approved Gross Floor

Area (GFA), maximum building heights, car parking provision, contributions

framework, or ESD commitments established under the CPA. A comparison between

the original CPA, the as-modified CPA, and the current proposal, is provided in

Figures 20 to 22 below:

Figure 20. Initial concept development Site Plan (source: Bates Smart)

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Figure 21. Modification 3 Site Plan (source: Bates Smart)

Figure 22. Site Plan pertaining to the current development application (source: Bates Smart)

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Related Development Applications for the Subject Site

Development applications for preliminary works associated with the CPA have been

approved by Council as follows:

LDA 2018/0128 – approved by Council on 4 December 2018 for site preparation

works including the demolition of all buildings and existing improvements on site,

tree removal, and remediation works required under the CPA’s Statement of

Commitments (included as an endorsed document within Condition A2 of the

CPA).

This application is herein referred to as “the site preparation DA”.

LDA 2018/0229 – approved by Council on 14 October 2019, for site excavation

within the footprint of a future basement on the site and securing the excavated

area. The application sought to commence bulk earthworks and install temporary

and permanent shoring walls and anchors, and a crushed rock cap over ground,

understanding that the detailed design and construction of the basement structure

are considered within a separate application (the subject application).

This application is herein referred to as “the excavation DA”.

7. HISTORY OF THE SUBJECT APPLICATION

A brief history of the progress of this application is provided below:

18 January 2019 – Development Application lodged with Council.

29 January 2019 – Application registered with NSW Planning Panel.

30 January 2019 – External agency and internal department referrals circulated.

5 February 2019 – Comments from Council’s Consulting Landscape Architect

received.

6 February 2019 – 21-day notification period commences. No submissions

received.

13 February 2019 – Comments from NSW Police (Ryde Area Command)

received.

15 February 2019 – Comments from Council’s Consulting Structural Engineer

received.

19 February 2019 – Request for Information issued by Council’s City Works

Team.

28 February 2019 – Request for Information issued by Council’s Structural

Engineer.

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28 February 2019 – Ryde Urban Design Review Panel Meeting.

7 March 2019 – Comments from Transport for NSW received.

12 March 2019 – Independent Traffic Review prepared by Bitzios Consulting

received.

12 March 2019 – Applicant requests an extension to respond to Request for

Information.

10 April 2019 – Referral response from RMS received.

26 April 2019 – Comments from Council’s Development Engineer received.

26 April 2019 – Applicant requests further extension to respond to Request for

Information.

24 June 2019 – Applicant issues consolidated response to Request for

Information accompanied by the following documentation:

o Revised Landscape Plans prepared by Aspect Studios;

o Revised Architectural Plans prepared by Bates Smart;

o Updated Stormwater and Flooding Report prepared by Arcadis;

o Response to Traffic, Access and Parking matters and Loading Dock

Management Plan prepared by Ason Group;

o Pedestrian Modelling Analysis prepared by WSP;

o Signage Guidelines prepared by Bates Smart;

o Awning Guidelines prepared by Bates Smart;

o Revised Public Art Strategy prepared by UAP Studio; and

o Revised Structural Engineering Plans and response prepared by Enstruct.

12 August 2019 – Final recommendation and consent conditions received from

Sydney Metro. No objections to the development noted.

5 September 2019 – Final recommendation and consent conditions received from

RMS. No objections to the development noted.

11 September 2019 – VPA offer received by Council’s Development Contributions

Coordinator.

11 September 2019 – Final recommendation and consent conditions received from

Council’s City Works Team. No objections to the development noted.

12 September 2019 – Comments received from Council’s Consulting Structural

Engineer.

4 October 2019 – Final recommendation and consent conditions received from

Council’s Senior Development Engineer. No objections to the development noted.

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10 October 2019 – Final recommendation and consent conditions received from

Council’s Environmental Health Officer. No objections to the development noted

Urban Design Review Panel

A Ryde Urban Design Review Panel (UDRP) meeting was held on 28 February 2019

to discuss the detailed design of the buildings and landscaping on the site. This was

the only meeting associated with this application; however, the Panel had previously

provided comment during the Concept Plan and Concept Plan modification stages.

The UDRP were of the view that the development application appeared to be

consistent with the approved Concept Plan modification. Although a mixed-use

commercial and retail proposal, the Panel’s comments were structured against the

relatively universal design quality principles outlined in SEPP 65.

The Panel were generally very supportive of the proposal and offered a number of

suggestions to improve its integration with the existing and future context.

The Panel’s comments have been provided below. Where necessary, the applicant’s

response has also been included.

“Context and Neighbourhood Character

The site is prominent and centrally located within the Macquarie Park precinct,

with a direct relationship to Lane Cove Road and Macquarie Park rail station.

The proposal is consistent with the long term vision for the Macquarie Park area

and stands as an opportunity to establish an exemplary future-focused

commercial workplace, a valuable new network of high quality public (and publicly

accessible) spaces of good amenity, all activated by fine grain street level retail

uses and situated close to the connectivity offered by the rail station (currently

being converted to metro).

The Panel is generally supportive of the proposal and the contribution it will make

to the ongoing transformation and urbanisation of Macquarie Park.

A series of relatively minor design issues are raised throughout the report with the

intention of making a positive and strong proposal even better.

Built Form and Scale

The Panel supports the architectural and landscape design response to the

approved Concept Plan modification, noting the following opportunities to improve

the relationship between the design of the buildings and associated public realm.

In the immediate vicinity of the station entry, the Panel recommends some augmentation of the proposed weather protection measures - consistent with that proposed elsewhere throughout the scheme - to ensure a continuous and connected extent of weather protection from station entry and throughout the site. Applicant response A weather protection plan has been prepared to demonstrate the extent of

undercover areas on the site. This shows that there is a generally continuous and

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connected path of travel through the site under awnings, pavilion, and building

overhangs noting that providing small gaps in the weather protection between

buildings is unavoidable and will not significantly impact the overall amenity of

pedestrians.

The proposal provides for the protected movement of pedestrians from the station

entry and through the site (see Figure 23 below).

Figure 23 – Awning Guidelines.

The Panel notes specifically the increased vertical scale of the buildings defining

the proposed Station Plaza would benefit from a more human-scaled awning

condition for both outdoor dining and pedestrians.

Density

The Panel supports the proposed density subject to adoption of the recommended

refinements outlined in this report.

Sustainability

Specific sustainability strategies were not discussed during the meeting, but the

Panel encourages the establishment of appropriate sustainability targets to ensure

efficient energy, water and waste management during construction and the long-

term operation of the development.

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Landscape

The Panel supports the general approach and resolution of the landscape and

public domain design, with relatively minor suggestions intended to improve the

overall performance of the proposal.

The relationship between Coolinga Street and the central open space is

generally managed well, noting the necessary change of level.

The Panel would support the introduction of a more formal and direct pedestrian

connection through the terraced open-air landscaped space connecting to the

park - in addition to the two flanking colonnade stairs currently provided. The

intent is to establish a direct, visual and physical connection from street to park

with a high level of passive surveillance to address perceptions of safety and

concealment sometimes associated with colonnade treatments.

Applicant response

Providing an additional hardstand pathway through the terraced garden is not

considered to be the best outcome as it would reduce landscaping area as well

as impact on the primary objective of this landscape area which is to provide

passive recreation (not additional circulation). There would also be an impact on

the ability to install public art at this key gateway to the site, as intended in the

Public Art Strategy.

The provision of an additional pathway also offers negligible benefits as there

are currently two other pedestrian pathways provided either side of the terraced

park, which are designed as wide stairways that are sheltered by the building

overhang above, and offer a direct visual and physical connection from the park

to the street frontage. Whilst the terraced park has not been designed as the

primary pedestrian pathway, it remains trafficable and as such still offers an

alternative pathway to the sheltered stairs either side (see Figures 24 & 25

below).

Figure 24 – Landscaping and pathway detail from Coolinga Street.

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Figure 25 – Section detail of steps and landscaping from Coolinga Street.

Safety

The general strategy for the buildings, open space network and address points

are supported, and will contribute to a clear, legible street and block pattern with

inherent passive surveillance and CPTED benefits.

Refer also to previous comment regarding an additional direct open-air

landscaped pedestrian connection from Coolinga Street to the central park,

intended to further improve the passive surveillance and sense of safety within

these spaces.

The Panel recommends further investigation of opportunities to create a high-

quality architectural solution for the service and basement entries presenting to

Giffnock Avenue to improve the general presentation to the street. This may

include the introduction of public or interpretive art to bring animation to an

otherwise less-active site frontage.

Applicant response

The revised Public Art Strategy provides opportunities to improve the general

presentation of the Giffnock Street frontage of the site. This will assist with

animating this frontage.

Housing Diversity and Social Interaction

Not applicable to a mixed-use commercial proposal.

Aesthetics

The proposed architectural expression is strong, clear and supported by the

Panel, but is capable of augmentation at the time of formal DA application to

ensure the delivery of a high-quality proposal.

The Panel encourages the applicant to commit more fully to the specific

architectural qualities of the building envelope, particularly in areas where the

buildings offer the greatest opportunities for interaction with the public realm and

with common areas available for tenant use.

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The Panel is keen to ensure the rich architectural potential presented during the

meeting is able to be maintained during the process of design development, value

management and construction.

The requested commitments may take the form of 1:20 cross sections of key

facade and fenestration types and form a part of the formal architectural drawing

set.

8. APPLICABLE PLANNING CONTROLS

The CPA was approved pursuant to the now repealed Part 3A of the EP&A Act (MP 09_0209, as modified), and as such Clause 3B of Schedule 2 of the Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 applies, which states:

“the provisions of any environmental planning instrument or any development control plan do not have effect to the extent to which they are inconsistent with the terms of the approval of the concept plan”.

It follows that this assessment has been undertaken to ensure compliance with the CPA, however the development has also been assessed against the objectives of the Ryde LEP 2014 and Ryde DCP 2014.

The following legislation, policies and controls are of relevance to the development:

Environmental Planning and Assessment Regulation 2000;

Environmental Planning and Assessment (Savings, Transitional and Other

Provisions) Regulation 2017

Environmental Planning and Assessment Act 1979;

State Environmental Planning Policy (Infrastructure) 2007

State Environmental Planning Policy (State and Regional Development) 2011;

State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017;

State Environmental Planning Policy No. 55 – Remediation of Land;

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005;

Greater Sydney Regional Plan - A Metropolis of Three Cities, 2018;

Ryde Local Environmental Plan 2014;

City of Ryde Development Control Plan 2014; and

Section 94 Development Contributions Plan 2007.

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9. PLANNING ASSESSMENT

9.1. Environmental Planning & Assessment (Savings, Transitional & Other Provisions) Regulation 2017

Consistency with the Concept Approval

Schedule 2 of the EP&A (Savings, Transitional & Other Provisions) Regulation 2017

provides transitional arrangements following the repeal of Part 3A. Clause 2 of

Schedule 2 provides that a project that is the subject of an approved concept plan is a

‘transitional Part 3A project’. Clause 3 of Schedule 2 provides that Part 3A continues

to apply to, and in respect of, a transitional Part 3A project.

Clause 3B of Schedule 2 applies to a development for which a concept plan has been

approved under Part 3A, such as the CPA (MP09_0209). Clause 3B(2)(a) provides

that if Part 4 applies to the carrying out of the development, the development is taken

to be development that may be carried out with development consent under Part 4.

Clause 3B(2)(f) provides that the provisions of any environmental planning instrument

or any development control plan do not have effect to the extent to which they are

inconsistent with the terms of the approval of the concept plan.

The majority of the changes to the original CPA have been incorporated into the

previous modification approval. One change that was not captured is the additional

height associated with the lift overrun. This is discussed in relation to clause 4.3 of the

Ryde LEP 2014 and is deemed to be acceptable.

The other key change relates to the provision of balconies to the buildings facing

Waterloo Road. These balconies are located on the northern façade of Building A and

Building B and are provided at every second level, alternating with void spaces. An

example of the balconies is shown in Figure 26 below:

Figure 26 - Extract of floor plans showing the additional balconies located outside of the approved

envelope (Source: Bates Smart)

The balconies do not contribute to GFA on the site, which is limited by the conditions

of the CPA, and have been provided to add architectural merit and amenity to the

development. The building envelopes remain generally consistent with that approved

by the CPA.

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Relevant Conditions within the Concept Approval

The subject application is based on Approved Concept Plan MP09_0209 MOD 3. The

terms of approval of the Approved Concept Plan (as modified) has been discussed

below.

Conditions Comment

A1. Development Description

(as modified)

The DA is considered consistent with the development description and Concept Plan drawings as revised by the most recent section 75W Application.

A2. Development in Accordance with Plans and Documentation.

(as modified)

The DA is generally consistent with the drawings, Environmental Assessment, Statement of Commitments and Architectural and Landscape Design Guidelines approved with the most recent section 75W Application.

A3. Inconsistencies between Documentation

The approved modifications (i.e. conditions B1 – B3) are considered within this assessment as marked.

A4. Voluntary Planning Agreement

(as modified)

Compliance required prior to the issue of a construction certificate. Refer to earlier discussion in relation to the Planning Agreement.

A5. Building envelopes

Complies, with the exception of lift overruns and the balconies to the facades of Buildings B and C. Refer to discussion provided in relation to Clause 4.3 of the Ryde LEP 2014, and in relation to the consistency with the CPA. This variation is considered acceptable.

A6. Maximum Gross Floor Area 83,368m2 proposed, consistent with the condition.

A7. Maximum Height

Complies, with the exception of lift overruns. Refer to discussion in relation to clause 4.3 of Ryde LEP 2014. The variation to height is minimal and is considered to be acceptable.

A8. Lapsing of Approval

(as modified)

Lapse date was extended to 29 May 2019 unless an application is submitted to carry out a project or development which Concept Approval has been given. All three subsequent applications were submitted prior to the lapse date.

B1. Car Parking

(as modified)

Proposal complies with parking requirements of CPA.

B2. Environmental Performance

5-star rating provided and reinforced through conditions of consent.

B3. Helipad

A helipad is not proposed as part of this Development Application, as stipulated by this condition.

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Schedule 3 – Future Environmental Assessment Requirements

Built Form Refer to UDRP assessment

Travel Demand Approach (as modified) Workplace Travel Plans have been submitted as part of this application. Conditions are recommended to ensure the plans are implemented.

Environmental Performance The proposed development is not seeking to use the Sydney Water recycled water scheme to achieve the minimum 5 Star Green Star certified rating, and therefore this condition does not apply.

Public Domain Treatment and Landscaping (as modified)

The CPA requires that future DAs are to provide public domain treatments and landscaping in accordance with the submitted master plan and that future DAs demonstrate compliance with the Macquarie Park Public Domain Technical Manual. The public domain treatments and landscaping are consistent with the CPA.

Section 94 Contributions The CPA allows for the provision of 7.11 Contributions unless a VPA is in place that may off-set any such contributions. The Concept Plan also requires any VPA to be in place prior to the issue of the first Construction Certificate for buildings on the site. As the applicant’s offer for a VPA is still being considered by Council, a condition of consent has been imposed to require the payment of 7.11 contributions (see Condition 41). If a subsequent VPA agreed to off-set these contributions, the applicant would need to submit a s4.55 application to amend this condition.

Sydney Water Requirements

(as modified)

Subject to conditions requiring works to be undertaken in accordance with these requirements.

Department of Industry - Water Requirements (as modified)

The submitted geotechnical report indicates that groundwater will not be intercepted as part of the proposed works.

Sydney Trains Requirements (as modified)

The majority of reports were provided, with the exception of a detailed Safe Work Method Statement and Risk Assessment/Management Plan and a consideration of crane and aerial operations. Sydney Metro had recommended associated conditions in relation to the excavation DA and the current application those recommended conditions were incorporated as required.

Transport for NSW Requirements (as modified)

A Construction Traffic Management Plan is included within the documentation package and compliance is recommended as a condition of consent. The Metro Station is currently in operation and the report no longer needs to account for temporary bus stops and bus layover locations.

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Schedule 4 – Statement of Commitments

Urban Design A Civic Plaza and through-site links are to be in accordance with the Concept Plan. The development has complied with this requirement.

Macquarie Park Station Pedestrian movement and amenity impacts have been considered within the design as well as the assessment of the CPA and this application. The development will have no impact on pedestrian movement around the station.

Transport and Accessibility (as modified) A Workplace Travel Plan and a Green Travel Plan Framework have been submitted as part of this application. Conditions are recommended to ensure the plans are implemented.

Geotech Geotechnical report provided with application, but this matter is more relevant to the preliminary applications.

Contamination These works (removal of underground tank and asbestos) are being completed as part of the site preparation DA.

CPTED CPTED assessment provided which satisfactorily addresses these requirements.

Wind Refer to assessment of clause 9.1 of Part 4.5 of Ryde DCP 2014. Conditions recommended to ensure compliance.

ESD The Sustainability Strategy prepared by WSP, confirms that the development has met a 5-star rating (this commitment had indicated only 4 stars) and accommodated the listed environmental initiatives. A condition is recommended to require compliance with this rating.

Tree Removal Tree removal has been considered within the site preparation application. Landscaping scheme is acceptable.

Table 2. Consistency with Concept Plan Approval.

9.2. Environmental Planning and Assessment Regulation 2000

This application satisfies Clause 50(1)(a) of the Regulation as it is accompanied by

the nominated documentation required.

9.3. State Environmental Planning Policy (Infrastructure) 2007 (ISEPP)

Sydney Metro – Clause 85 (Development adjacent to rail corridors)

The development is identified within Division 15 of the Infrastructure SEPP and in accordance with Clause 85 was referred to Sydney Metro for comment. Recommended conditions have been incorporated into the draft consent.

Sydney Metro – Clause 86 (Excavation in, above, below or adjacent to rail corridors)

The proposed above ground works associated with this application do not trigger assessment against Clause 86 of the ISEPP as there is not more than 2 metres of

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excavation proposed within 25 metres of the Sydney Metro Northwest rail corridor, noting that excavation was approved in a separate application.

Roads and Maritime Service – Clause 104 (Traffic-generating development)

The proposed development will accommodate 834 car parking spaces, plus waste and servicing spaces, over four (4) basement levels, as such, it requires referral to the RMS in accordance with Schedule 3 of the SEPP governing ‘traffic generating development’.

The development is identified within Schedule 3 of the Infrastructure SEPP and in accordance with Clause 104 was referred to the RMS for comment. As indicated above, the RMS supports this application, subject to conditions. Refer to discussion later in this report.

9.4. State Environmental Planning Policy (State and Regional Development) 2011

The proposal is categorised as a ‘General Development over $30 million’ under Schedule 7 of the above planning instrument and as such the proposal is required to be determined by the Sydney North Planning Panel in accordance with Section 4.7 of the EP&A Act.

9.5. State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017

No tree removal is proposed as part of this application. All site preparation works form part of the site preparation DA, that has already been approved.

9.6. State Environmental Planning Policy No. 55 – Remediation of Land

The requirements of State Planning Policy No. 55 – Remediation of Land apply to the subject site. In accordance with Clause 7 of SEPP 55, the consent authority must consider if the land is contaminated and, if so, whether is it suitable, or can be made suitable, for the proposed use.

Contamination matters have been considered as part of the approval of the CPA and development consent for the early works that have since been issued by Council.

9.7. State Environmental Planning Policy No. 64 – Advertising and Signage

The application seeks consent for ‘signage zones’ in multiple locations across the development. The submitted Statement of Environmental Effects indicates that the signage zones will “accommodate future signs identifying the major tenant(s) of Building A”. This type of signage would be business and/or building identification signage, which does not require the concurrence of the RMS, despite being visible from a classified road (this requirement applies only to advertising).

Identification signage is not unusual in this location. However, the existing signage is typically characterised by individual letter elements which show the name of the tenant of the building, forward of a background which matches the colour scheme of the remainder of the building. Approval of a ‘signage zone’ would potentially enable the provision of signage which is not consistent with this character (i.e. it may not be integrated with a background which is complementary to the colour scheme of the

33

building). Approval is therefore not granted to any signage, and would be subject to further application/s in the future.

9.8. Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

This Plan applies to the whole of the Ryde Local Government Area. The aims of the Plan are to establish a balance between promoting a prosperous working harbour, maintaining a healthy and sustainable waterway environment and promoting recreational access to the foreshore and waterways by establishing planning principles and controls for the catchment as a whole.

Given the nature of the project and the location of the site, there are no specific controls that directly apply to this proposal.

9.9. Greater Sydney Regional Plan - A Metropolis of Three Cities, 2018

A Metropolis of Three Cities (“the Plan”) is the regional plan for managing Greater Sydney’s growth. The Plan aims to ensure that planning and land use of the Greater Sydney Region is equitable and sustainable.

The Plan discusses Macquarie Park’s role as part of the Eastern Economic Corridor, described as the State’s greatest economic asset contributing two-thirds of NSW’s economic growth in the 2015-16 financial year.

The Plan also refers to Macquarie Park as part of the Epping and Macquarie Park Urban Renewal Corridor. Within the Macquarie Park Urban Renewal Area, the Department of Planning, Industry and Environment, is expected to undertake strategic investigations into new community facilities, improved public space, residential development in proximity to transport links as well as the generation of employment opportunities.

Macquarie Park is also nominated as one of nine centres to accommodate commercial office precincts. The proposed development aligns with the vision of the Eastern Economic Corridor in that the proposed commercial office space will facilitate jobs, creating economic activities, be well connected to transport links and provide high quality open space areas for people to enjoy.

9.10. Ryde Local Environmental Plan 2014

The following is an assessment of the proposed development against the applicable

provisions of Ryde Local Environmental Plan 2014 (Ryde LEP 2014).

Clause 2.2 – Zoning

The site is located within the B3 Commercial Core zone under the Ryde LEP 2014

Development for commercial and retail purposes is permitted in this zoning.

Clause 2.3 – Zone Objectives

The consent authority must have regard to the objectives for development in a zone

when determining a development application in respect of land within the zone.

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The objectives for the B3 Commercial Core zone are as follows:

To provide a wide range of retail, business, office, entertainment, community and

other suitable land uses that serve the needs of the local and wider community.

To encourage appropriate employment opportunities in accessible locations.

To maximise public transport patronage and encourage walking and cycling.

The development complies with the above objectives, and will be consistent with the

State and local strategic intent for the zone and the Macquarie Park Corridor by

introducing commercial buildings which serve the employment needs of the local and

wider community.

Additionally, the subject site is located within walking distance of train and bus

services, retail and commercial services, and is therefore considered to be a suitable

location for this development.

Figure 27 below shows the zoning context of the site.

Figure 27 - Site zoning (B3 Commercial Core) with site shown hatched.

Clause 4.3 - Height of Buildings

Maximum building height limits under the Ryde LEP 2014 of 30m and 37m apply to

the development site. Despite the provisions of this clause, under clause 6.9 -

Development in Macquarie Park Corridor, consent may be granted for development to

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a maximum height of 65m if the consent authority is satisfied there will be adequate

provision of recreation areas and an access network whose configuration and location

allow a suitable level of recreation and connectivity within the precinct.

Figure 28 below shows the site as referenced by the Macquarie Park Corridor

Precinct Incentive Height of Buildings Map.

Figure 28 - Macquarie Park Corridor Precinct Incentive Height of Buildings Map

(AA – maximum height of 65m) (Source: Ryde LEP 2014, edited for diagrammatical purposes)

A maximum building height of 69.3m is approved under the Concept Plan and –

pursuant to clause 3B(2)(f) of Schedule 2 of the Environmental Planning and

Assessment (Savings, Transitional and Other Provisions) Regulation 2017 (The

Transitional Regulations) – prevails over that which is stipulated in the Ryde LEP

2014.

Architectural plans accompanying this application propose the addition of a 0.8m

rooftop plant to Building A resulting in a total building height of 70.1m, above that

which is approved under the Concept Plan (as modified). The approved and proposed

height of the buildings are shown below:

Development Approved Height (CPA) Proposed Height

Building A 69.3m 70.1m

Building B 39.3m 39.3m

Building C 39.3m 39.3m

Building D 39.3m 39.3m

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Given the above, the proposed height increase has been assessed against the

Transitional Regulations which set out the provision for development for which a

Concept Plan has been approved under Part 3A. Of particular relevance to the

proposal are clauses 3B(2)(c), (e) and (f) which identify the Part 3A Concept Plan as

the principle and prevailing instrument for assessing the development (rather than the

Ryde LEP 2014). In this instance, assessment is based upon the proposal’s

consistency with the development standards and approved building envelopes in the

Part 3A Concept Plan.

The proposed plant contributing to the height increase is centrally located within the

building design and positioned at the rear of the publicly inaccessible rooftop, above

the main lift core. The plant’s design and materiality assist in a visual congruence

rendering it largely indiscernible when viewed from the public domain. It is noted that

the plant contributes to the functional capacity of building services and it is deemed

unlikely the variation will generate adverse environmental impacts within the

immediate or surrounding area. Further, comments from the Urban Design Review

Panel pertaining to this matter deem the variation as inconsequential given the overall

development is consistent with what is detailed in the Concept Plan.

In summary, the additional height resultant from this variation is considered

acceptable and is generally consistent with the Concept Plan (as modified). Therefore,

the proposed height increase of 0.8m to Building A is deemed compliant.

Figures 29 to 31 show the areas of additional height.

Figure 29 - Additional rooftop plant height of Building A (0.8m), as viewed from rear

(Source: Bates Smart, edited for diagrammatical purposes)

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Figure 30 - Additional rooftop plant height of Building A (0.8m), as viewed from Lane Cove Road

(Source: Bates Smart, edited for diagrammatical purposes)

Figure 31 - Location of rooftop plant (Source: Bates Smart, edited for diagrammatical purposes)

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Clause 4.4 – Floor Space Ratio

Under the Ryde LEP 2014, floor space ratios of 2:1 and 3:1 apply to the development

site. Despite the provisions of this clause, under clause 6.9 – Development in

Macquarie Park Corridor, consent may be granted for development to a floor space

ratio of 3:1, if the consent authority is satisfied there will be adequate provision of

recreation areas and an access network whose configuration and location allow a

suitable level of recreation and connectivity within the precinct.

Figure 32 below shows the site as referenced by the Macquarie Park Corridor

Precinct Incentive Floor Space Ratio Map.

Figure 32 - Macquarie Park Corridor Precinct Incentive Floor Space Ratio Map

(V1 – maximum FSR of 3:1) (Source: Ryde LEP 2014, edited for diagrammatical purposes)

A floor space ratio of 5.33:1 is approved under the Concept Plan and – pursuant to

clause 3B(2)(f) of Schedule 2 of the Environmental Planning and Assessment

(Savings, Transitional and Other Provisions) Regulation 2017 – this prevails over that

which is stipulated in the Ryde LEP 2014.

The development has proposed a gross floor area of 83,368m² which results in a FSR

of 5.33:1. The development complies with the CPA.

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Clause 4.5B(1) & (2) – Macquarie Park Corridor

This provision states that on land in the B3 Commercial Core and located within the

Macquarie Park Corridor, consent must not be granted for carrying out development

for the purposes of a serviced apartment. The development does not propose the

development of serviced apartments.

Clause 6.1 - Acid Sulphate Soils

The site is not identified on the Acid Sulphate Soils Map. This clause is not applicable

to the development.

Clause 6.2 – Earthworks

The objective of this clause is to ensure that earthworks for which development

consent is required will not have a detrimental impact on environmental functions and

processes, neighbouring uses, cultural or heritage items or features of the surrounding

land. Two previous development applications apply to the site and these have been

discussed separately within this report.

Clause 6.4 - Stormwater Management

The proposed stormwater management system for the site is acceptable and

conditions are recommended as part of the completion and ongoing management of

the stormwater system.

Clause 6.6 - Environmental Sustainability

The objective of this clause is to ensure that development on land in a business or

industrial zone exceeding 1,500m² in GFA embraces principles of quality urban design

and is consistent with principles of best practice environmentally sensitive design.

The proposed development has been designed to target a 5 Star Green Star rating

(under the Design and As Built tool v1.2) and a 5 Star NABERS Office Base Building

Energy rating for energy.

The Sustainability Strategy prepared by WSP addresses the requirements of these

targets in the design phase of the project using the following strategies and initiatives:

Passive Design.

Energy Efficiency.

Water Efficiency.

Indoor Environment.

Materials.

Transport.

Waste.

Based on the above commitments and detailed within the application, the proposed

development meets the requirements of this clause.

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Clause 6.9 – Development in Macquarie Park Corridor

Clause 6.9(3) permits a building height of 65m and a floor space ratio of 3:1 (which

are above the normally permitted height of 30m and ratio of 1:1).

Concept approval has granted the use of the site for commercial and retail purposes,

indicative building envelopes for four (4) separate buildings with heights ranging from

69.3m2 to 39.3m2; a maximum Gross Floor Area of 83,368m2 (resulting in a Floor

Space Ratio of 5.33:1); four levels of basement car parking and; public domain works.

While these figures exceed what is permissible under this clause (and clauses 4.3 and

4.4), they have been approved under the Concept Plan and – pursuant to clause

3B(2)(f) of Schedule 2 of the Environmental Planning and Assessment (Savings,

Transitional and Other Provisions) Regulation 2017 – they prevail over that which is

stipulated in the Ryde LEP 2014.

9.11. Ryde Development Control Plan 2014

The following sections of the Ryde DCP 2014 are of relevance, being:

Part 4.5 – Macquarie Park Corridor;

Part 7.1 – Energy Smart, Water Wise;

Part 7.2 – Waste Minimisation and Management;

Part 8.1 – Construction Activities;

Part 8.2 – Stormwater Management;

Part 8.3 – Driveways;

Part 9.1 – Signage;

Part 9.2 – Access for People with Disabilities; and

Part 9.3 – Parking Controls.

Part 4.5 – Macquarie Park Corridor

The compliance table of the relevant controls pursuant to Part 4.5 Macquarie Park

Corridor is below. It is noted that there are fourteen non-compliances within this table

being:

Section 4.2(a) - The pedestrian connection indicated in Figure 4.1.1 Access

Network unable to be implemented due to the location of the Hyundai site;

Section 5.7(a) - The size and dimensions of the Station Plaza are below what is

required;

Section 6.0(a) - The proposed height of Building A exceeds that which is approved

under the CPA;

Section 7.3(h) - Level changes between ground floor tenancies and the adjacent

footpath are above 600 mm in some areas. Stairs have been appropriately

integrated to facilitate level access to each retail premises;

Section 7.4(h) - Soft landscaping is proposed for less than 60% of the required

setback;

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Section 7.5(c) and (j) - Awning soffit heights are below 3.6m;

Section 7.6(a) – Boundary setbacks breach the street setback requirements;

Section 7.6(d) - Basement carparking structures encroach into the site’s rear and

side setbacks;

Section 7.7(a) - Proposed building separations are below 20m;

Section 7.8(d) - Areas of habited floor space are located over 12m from the

nearest source of natural daylight;

Section 8.2(a) and (c) - Site deep soil is below 20%;

Section 8.2(e) - Less than 50% of new public spaces receive the minimum direct

sunlight requirements;

Section 8.4(f) - Natural ground levels have not been retained within 4m of the

site’s rear setback; and

Section 8.4(g) - The proposed retaining wall at the rear setback is over 1.2m in

height.

These non-compliances are further assessed in the table below and considered

satisfactory based on individual merit, as well as consistency with the CPA.

Relevant Control Compliance/Comment

3.0 The Structure Plan

3.2 Urban Structure Plan

The Commercial Core will evolve to become an employment centre supported by key public transport infrastructure.

Complies

The development seeks to provide for an additional 83,368m² GFA of employment space. This is considered to be consistent with the aims of the Urban Structure Plan for the Commercial Core.

The development is supported by key public transport infrastructure via the adjoining Macquarie Park train station and frequent bus services which will effectively connect the site to both the local Macquarie Park area and Greater Sydney.

4.0 Access Network

4.2 Pedestrian Connections

a) Provide pedestrian bridges in accordance with the Access Structure Plan. Figure 3.4.1

iii. Over the M2 connecting Christie Park to Macquarie Park Corridor

iv. Connecting across Shrimptons Creek

N/A

b) Provide pedestrian connections in accordance with Figure 4.1.1 Access Network

Does not comply – justified

A pedestrian access is shown dashed within Figure 33

below.

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Relevant Control Compliance/Comment

The image indicates a pedestrian link is required across the site and the allotment containing the existing Hyundai building. This would not be consistent with the CPA and would require significant alterations to the Hyundai building.

The proposed arrangement, as approved within the CPA, enables a mid-block connection between Giffnock Avenue and Waterloo Road.

Figure 33 - Extract of Figure 4.11 indicating pedestrian

access route through the site.

c) Pedestrian connections are to:

i. Be a minimum of 6m wide comprising 4m wide paving

ii. Together with the development application and 2m wide soft landscaping as shown in Figure 4.2.1 (or as determined by Council).

iii. Be designed with a 2m setback to any building.

iv. Be publicly accessible at all times.

v. Provide a clear sightline from one end to the other for surveillance and accessibility.

vi. Maximise active frontages pedestrian connections.

vii. Be designed to consider pedestrian safety and the security of adjacent businesses, particularly at night (for example, where pedestrian through-site links are provided between buildings, windows are to be provided between the internal ground floor space of the building and the pedestrian link).

Complies

The development proposes pedestrian through-site links, or laneways, between buildings A and B and between building B and C, to be lined with active frontages, retail tenancies and outdoor dining. This provides improved passive surveillance at the ground plane with adequate visibility across links. The provided links are consistent with CPA.

Laneways provide a 5m wide central circulation path with an additional 2.5m width each side to accommodate seating. Laneways create permeable public space connecting pedestrians to each of the four buildings on site as well as street frontages, the station plaza and the site’s central urban park.

Laneways feature soft landscaping in the form of raised garden beds and tree plantings with materials and finishes in keeping with the urban character of the wider site and in adherence with the Macquarie Park Public Domain Technical Manual.

Links throughout the site are publicly accessible and have been designed to adhere to pedestrian safety, DDA and CPTED standards.

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Relevant Control Compliance/Comment

ix. Extend and enhance the public domain and have a public domain character.

x. Be in accordance with Part 9.2 of the RDCP 2014 (Access for People with Disabilities) and designed to provide barrier-free access in accordance with AS 1428 and the Disability Discrimination Act 1992.

xi. Paving shall be in accordance with the Macquarie Park Public Domain Technical Manual.

xii. Remain in private ownership and be created as Rights-of- Way in favour of Council or a similar mechanism.

d) Each site is to provide for coordination of pedestrian connections with neighbouring sites, including level adjustments and detailed plans. Detailed plans, sections and other material as necessary are to be provided

Complies

Architectural Plans prepared by Bates Smart, and Landscape Plans prepared by Aspect Studios have been supplied for the purpose of assessment. Plans include section drawings pertaining to pedestrian connections between the subject site and those adjoining, as well as through site links connecting public spaces and buildings within the site. Conditions are also recommended to require detailed public domain plans to be approved prior to the issue of a construction certificate.

4.3 Bicycle Network

a) Provide dedicated cycle access in accordance with Ryde Bicycle Strategy 2014 in accordance with Figure 4.3.1 Indicative Cycleways.

b) The Regional Bicycle Network is to be implemented as on- street shared cycleways in accordance with the Macquarie Park Public Domain Technical Manual. The Regional Bicycle Network comprises:

i. Waterloo Road;

ii. Delhi Road;

iii. Epping Road;

iv. Lane Cove Road;

v. Khartoum Road;

vi. The M2; and

vii. Shrimptons Creek pathways.

c) The Local Bicycle Network is to be implemented as on-street shared ways in accordance with the Macquarie Park Public Domain Technical Manual. The Local Bicycle Network comprises:

i. Lyon Park Road;

Subject to approval of public domain plans, required prior to the issue of a construction certificate.

44

Relevant Control Compliance/Comment

ii. Talavera Road;

iii. Wicks Road; and

iv. Proposed new roads in accordance with the Ryde Bicycle Strategy 2014.

4.4 Sustainable Transport

Travel Plans

a) Upgrade the bus interchange in Herring Road in accordance with the Access Structure Plan to:

i. Accommodate additional bus stops to provide for increased patronage;

ii. Reduce pedestrian and vehicle conflict;

iii. Enable active frontage.

N/A

Site is not located near Herring Road bus interchange

b) Any DA that includes residential development on the Macquarie Shopping Centre is to provide a master plan that demonstrates how the bus interchange upgrade may be achieved.

N/A

Proposal does not include residential development

c) A Framework Travel Plan (FTP) is required to be submitted to Council for approval together with a DA for all development that exceeds 10,000m² new floor space

Complies

The proposal has a total floor space of 83,368m2 as such, a Framework Travel Plan (FTP) is required to accompany this application.

The Traffic Impact Assessment Report, prepared by Ason Group, has detailed the primary objectives and key requirements of an FTP along with an action table detailing strategies for managing car use, and the promotion of public and active transport use. Further, details regarding the implementation of the Plan and the parties responsible have also been identified.

This requirement was also outlined within the terms of approval of the CPA, and relevant conditions are included within the draft conditions.

d) For all development the FTP must also:

i. Identify measures in an Action Plan that will implement the 40% public transport/60% private transport target for the journey to work, including appointing a Travel Plan Coordinator, minimising drive alone trips to work, encouraging walking, cycling, car sharing, car pooling and public transport use.

Complies

The action table provided in the FTP seeks to meet a target of 40% for public transport trips by 2031. Additionally, the action table provides strategies for implementing carpooling, flexible working hours, end of trip facilities (detailed in architectural plan accompanying the application) and organisational initiatives for tenants to minimise employee car use.

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Relevant Control Compliance/Comment

e) Provide a Final Travel Plan to Council for certification prior to the issue of any Occupation Certificate.

Complies

A condition is recommended which requires a Final Travel Plan to be submitted to Council prior to the issue of any Occupation Certificate.

Parking Rates

a) Bicycle parking and end-of-trip facilities are to be provided in accordance with the RDCP 2014 Part 9.3 Parking Controls.

The provision of bicycle parking is detailed under Part 9.3 of the RDCP 2014.

b) Parking is to be provided in accordance with the RDCP 2014 Part 9.3 Parking Controls.

The provision of bicycle parking is detailed under Part 9.3 of the RDCP 2014.

Car Sharing Parking

c) All parking spaces for car share schemes are to be:

i. Publicly accessible 24 hours a day seven days per week.

ii. Located together in the most convenient locations.

d) Located near and with access from a public road and integrated with the streetscape through appropriate landscaping where the space is external.

e) Designated for use only by car share vehicles by signage.

f) Parking spaces for car share schemes located on private land are to be retained as common property by the Owners Corporation of the site.

The development does not propose any car share spaces. It should be noted that the DCP does not stipulate a car share parking rate for commercial buildings.

The Workplace Travel Plan indicates that this may be investigated further when developing a Green Travel Plan.

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Relevant Control Compliance/Comment

5.0 Public Domain

5.7 Rail Station Plazas

a) Provide the following Station plazas (including fittings):

iii. Macquarie Park Station Plaza - West

iv. Area: Provide minimum 0.35 ha

v. Dimensions: Provide minimum 88 x 40m

vi. Install minimum 10 park benches and 10 bicycle parking spaces.

Does not comply - justified

The plaza is approximately 72m long, 17m-25m wide, and approximately 3,221m2 in total area, as such, it does not meet the minimum area and dimension requirements.

Under Clause 4.15 (3A)(b) of the EP&A Act, flexibility in relation to this control is appropriate given the plaza area and dimensions have been approved under the Concept Plan (as modified). Further, the proposed plaza design adequately provides for commuter access and circulation. The plaza design also has the support of the URDP in terms of amenity, activation and connectivity.

Sufficient park benches and bicycle parking are provided as per the provided Landscape Plan prepared by Aspect Studios.

b) Station plazas are to be privately owned public space. Station plazas are to be accessible at all times.

This will be subject to consideration as part of the future Planning Agreement. Appropriate conditions of consent have been imposed to require a ROW to be created over the plaza and the pedestrian links.

If the VPA was to consider Council ownership of the spaces, a s4.55 application would be required to amend these conditions.

c) Provide Continuous Active frontage to station plazas refer also Figure 5.7.3, 5.7.4, and 5.7.5.

Complies

Buildings A and B which face the station plaza feature continuously activated frontages through the provision of retail tenancies, street furniture, landscaping and a water feature. The interface between these buildings and the plaza has been designed to encourage visitation and pedestrian activity.

d) Minimise large banks of stairs. If stairs are used to provide alternative access to ensure equitable access for all.

Complies

Stair access paths are necessarily included to the station plaza from Coolinga Street and from the low (north-western) end of Waterloo Road. These stairs are not excessive, and are generally spaced between large landing areas. A lift is proposed to provide access from Coolinga Street, whereas no lift is required from Waterloo Road, given at-grade access is provided elsewhere at along Waterloo Road.

e) Provide unimpeded and generous entrances and circulation paths into and through the plaza.

Complies

The plaza design comprises an open design easily identifiable and accessible from each frontage. Entrances are relatively broad featuring permeable circulation paths for pedestrians.

f) Provide infrastructure (such as Capable of complying.

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Relevant Control Compliance/Comment

gas, power and water supply) and subject to consent, appropriately scaled kiosks, vendor stalls, cafes and restaurants) that will enhance the rail station plazas as meeting places and support activities such as markets, community events, leisure and recreation.

g) Provide wireless internet connection to all publicly accessible space, particularly station plazas.

Relevant Control Compliance/Comment

Station Plaza Setbacks

h) Provide building setbacks for adequate pedestrian circulation space around train stations.

Complies

Setbacks allow for adequate pedestrian circulation throughout the plaza and station entrance. Street furniture and landscaping have been situated to facilitate movement in and around the station entry and to buildings on site.

Paving and Park Furniture

i) Provide paving, lighting bins and directional and information signage in accordance with Macquarie Park Public Domain Technical Manual.

j) Install lighting to contribute to public safety.

Complies

The Landscape Plan prepared by Aspect provides basic detail regarding the provision of lighting. The Plan lists the use of full-width granite paving, consistent with Macquarie Park Public Domain Technical Manual requirements. Conditions are recommended to require compliance with Australian Standards.

k) Locate bins at square entries/exits.

The Landscape Plan does not stipulate the provision or proposed location of bins. It would be expected that bins could be located within public domain areas, so as to be maintained by Council.

Vegetation

l) Endemic species to street edge Complies

The proposed plantings of Eucalyptus saligna (Sydney Blue Gum) complies; however, conditions are recommended to require for either Corymbia maculata (Spotted Gum) or Eucalyptus tereticornis (Tallowwood).

Stormwater

m) Minimise storm water runoff for irrigation. All storm water is to be filtered in accordance with Council requirements and tanks installed for irrigation storage.

Complies

Stormwater design is acceptable, subject to conditions.

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5.8 Street Trees, Front Setback Tree Planting and Significant Trees

a) Street trees and front setbacks must be provided in accordance with the Street Tree Key Plan in the Macquarie Park Public Domain Technical Manual, and their health guaranteed for min. 5 years.

Complies

Street trees are proposed at 1.5m from Waterloo Road as per the Macquarie Park Public Domain Technical Manual. A condition is recommended to ensure that the trees are maintained until they reach a height of at least 5 metres, which is sufficient to achieve the intent of this control.

b) At grade parking is not permitted in the front setback.

Complies

All parking is located within the proposed basement levels.

c) Where:

i. New floor space or parking areas are proposed; and

ii. A site is shown part coloured on the Sydney Metropolitan Catchment Vegetation Mapping 2013;

iii. and Removal of native vegetation species is proposed:

Submit a Flora and Fauna Assessment prepared by a suitably qualified ecological consultant with the DA that has regard to:

i. Part 9.5 Tree Preservation of the RDCP 2014;

ii. NSW Threatened Species Conservation Act.

iii. Sydney Metropolitan Vegetation Mapping 2013

N/A

The site is not affected by the Sydney Metropolitan Catchment Vegetation Mapping 2013.

Further, the proposed development does not include the removal of trees or vegetation on the site as tree removal and remediation works were granted consent under the site preparation DA.

5.10 Art in Publicly Accessible Spaces

a) Art must be included in all new development with more than 10,000m² new floor space in the amount of 0.1% of the construction cost of the works capped at $1,500,00.00.

Complies

The Public Art Strategy prepared by UAP Studio advises the full expenditure of the $1,500,000 required budget.

b) Art must be located within the site so as to be publicly accessible (i.e. viewed or experienced from publicly accessible places).

Complies

The Public Art Strategy prepared by UAP Studio considers the concept is suitable for the site, and will achieve the objectives for Public Art under the Ryde DCP.

The Public Art Strategy suggests the following locations for public art: Coolinga Street access terrace, carpark vents, laneways and through-site links, and sculptural seating. Each of these locations are deemed publicly accessible spaces.

c) A site specific Arts Plan is to be submitted together with the development application.

Complies

The Public Art Strategy considers the project context, site

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i. Arts project description and statement of artistic intent.

ii. Thematic framework for the artwork. Suggested themes arising from the history of the Macquarie Park Corridor are:

Innovation and / or technology

Transport (train, bus, car) and people movement

History of Macquarie Park Corridor e.g. market gardening

Future of Macquarie Park

Natural environment e.g. water

iii. Concept drawing and descriptions of proposed art works including: Proposed location Whether or not the

artwork is integrated into the building design, landscape or other site features (including the building façade, paving, lighting design, outdoor seating, play equipment and the like)

Proposed use of materials with particular information to be provided on robustness, durability, and low maintenance

iv. Implementation (detailing at what stage the artwork will be implemented etc)

v. Preliminary construction details with particular emphasis on public safety considerations.

history and characteristics in its recommendations. The vision set out in the Plan aims to align with Council’s relevant strategic documents including the Public Art Strategy and Community Strategic Plan.

A thematic framework is established through a curatorial vision tailored to Macquarie Park’s history, urban character and environment. Themes include innovation, technology, transport, movement, energy, ecology and heritage.

Precedent imagery has been used in lieu of concept drawings with recommendations regarding form, function and materials also been provided.

The Plan also sets out a detailed process for strategy, procurement, design and implementation that includes construction, engineering and maintenance details.

A condition is recommended relating to the delivery of the public art (see Condition 80).

6.0 Implementation – Infrastructure, facilities and Public Domain Improvements

a) Floor Space Ratios and Height of Buildings are to comply with the Ryde LEP 2014.

Does not comply

Refer to Clauses 4.3 and 4.4 of the Ryde LEP discussed previously in this report

b) The Access Network being roads and the Open Space Network being parks are to

i. be dedicated to Council as part of a new development and

ii. conform with the Macquarie Park Corridor Access Structure Plan.

iii. be design and constructed in accordance with the Macquarie Park Corridor Public Domain

The Structure Plan does not identify the site as requiring any new roads or open space.

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Technical Manual and Section 4 of this Part.

c) The public land such as the road verge adjoining a development site is to be embellished and dedicated to Council as part of any new development. The design and construction of the works are to be undertaken in accordance with the Macquarie Park Public Domain Technical Manual and Section 4 of this Part.

Subject to conditions.

7.0 Built Form

7.1 Site Planning and Staging

a) Sites are to be planned to allow for the future provision of new streets and open spaces in accordance the Figure 4.1.1 Access Network and Figure 5.1.1 Proposed Open Space Network.

N/A

No new streets are required. Through site links are provided as required, with open space provided in accordance with the CPA.

7.3 Active Frontage

a) Continuous ground level active uses must be provided where primary active frontages are shown in Figure 7.3.2 Active Frontage and Setback Control Drawing. Buildings must address the street or public domain.

Complies

Figure 7.3.2 of the DCP indicates that a Primary Active Frontage extends for the full length of the Waterloo Road and Lane Cove Road boundaries of the site. Therefore, Buildings A, B and C will be affected.

Ground levels of each of these buildings comprise retail, food and beverage tenancies. Uses along primary active frontages address the public domain (station plaza) with outdoor seating, awnings and glazed frontages.

b) Front door and street address is to be located on the primary frontage.

Complies

Front doors, in the form of glazed lobbies, are located on each building’s primary frontage, being Waterloo Road for Buildings A, B and C, and Coolinga Street for Buildings D and C. Building entries feature alternative materials to that used for the remainder of ground floor frontages providing clear access cues for visitors.

c) Loading docks, vehicular access is not to be located where primary active frontages are shown in Figure 7.3.2 Active Frontage and Setback Control Drawing unless it can be demonstrated that there is no alternative.

Complies

Loading dock and vehicular access points are located at the rear of the site via Giffnock Avenue. Additional carpark access is available from Coolinga Street. Neither of these frontages are indicated as ‘primary’ in Figure 7.3.2.

d) Active ground level uses are encouraged where secondary active frontages are shown in Figure 7.3.2 Active Frontage and Setback Control Drawing

N/A

The site does not contain nominated secondary frontages.

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e) Active uses are defined as one or more of the following:

i. shop fronts;

ii. retail/service facilities with a street entrance;

iii. cafe or restaurants with street entrance;

iv. community and civic uses with a street entrance;

v. recreation and leisure facilities with a street entrance;

vi. commercial or residential lobbies with a street entrance not more than 20% of the total length of the building’s street frontage

Complies

The proposal provides a variety of active uses including shop fronts, retail, food and beverage, and commercial lobbies at each building. Active uses are accessed from main building frontages and through site links.

f) Entries to active frontage tenancies are to be accessible and at the same level as the adjacent footpath.

Complies

Tenancies are accessible to pedestrians from the ground level with the station plaza and laneways in through site links.

g) Active uses must occupy the street frontage for a depth of at least 10m. Refer Figure 7.3.1 Active Frontages Plan Diagram and Active Frontages Elevation Diagram.

Complies

Retail uses comprise the majority of available floor space at the ground floor of each building, with all retail spaces located on active frontages exceeding the required depth of 10m.

h) On sloping sites, the maximum level change between ground floor tenancies and the adjacent footpath is 600 mm.

Does not comply - justified

Each building contains active uses at ground floor. Where a variation in site levels requires stair access to be provided, the stairs have been integrated within the landscape design with a platform or landing available to facilitate level access to each retail premises.

i) Where active frontage is required a minimum of 90% of the building frontage is to be transparent i.e. windows and glazed doors (A maximum 10% active frontage may be fire stairs, plant, masonry walls and other non-active uses).

Complies

The vast majority of the ground floor elevations to Waterloo Road and Lane Cove Road are used for transparent shop front purposes. With masonry elements limited to dividing walls, and services such as fire stairs located away from the active street frontage.

j) Clear glazing is to be provided to windows and doors. The sill height for windows must be maximum 1200mm above the footpath, including for sloping sites.

Complies

Glass is floor to ceiling for much of the active frontage.

7.4 Setbacks and Build-to Lines

a) Minimum setbacks and build-to lines must be provided as shown Figure 7.3.2 Active Frontage and Setback Control Drawing – summarised as follows:

i. Zero setbacks / build-to lines to Primary Active Frontage;

Complies

The proposal provides a setback from Waterloo Road which exceeds 10m (accounting for the RMS boundary adjustment).

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ii. 5m setback to all existing and new streets unless otherwise specified;

iii. 10m setback to Waterloo Road and Talavera Road;

iv. 10m green setbacks to the M2 tollway and Epping Road; and

v. 5m built form setback to all parks (existing and proposed – subject to providing a Riparian Corridor in accordance with the NSW Office of Water’s Guidelines for Riparian Corridors on Waterfront Land).

b) Subject to negotiation with Council single storey structures which include active uses may be located within the Secondary Active Frontage. These structures must address the public domain, be transparent as far as practicable and will be subject to the ECRL Guidelines.

N/A

Proposal does not include single storey structures.

c) Provide 2m setbacks to pedestrian pathways (unless within a building)

Complies

Where relevant, the central part of each pedestrian path is provided with setbacks from buildings of greater than 2m. Some of the pedestrian paths do not have a clearly defined central area (for instance, between Building A and the Hyundai Building). In these circumstances a continuous path is provided up to the building line.

d) Despite clause 7.2.a development may be set back further from the street or public domain where it can be demonstrated to Council that the impacts of development on underground rail infrastructure are not in accordance with the ECRL Underground Infrastructure Protection Guidelines Report No. 20007300/ PO-4532 obtainable from Transport for NSW

e) Council encourages development that complies with Figure 7.3.2 Active Frontage and Setback Control Drawing and meets the requirements of the ECRL Second Reserve Support Zone.

The following are permitted in the Second Reserve support zone:

N/A

The proposed development does not include excavation works as this is the subject of a separate approved development consent application (LDA 2018/0229). Sydney Metro, the relevant rail authority, has assessed works subject to LDA 2018/0229, including excavation within the ECRL Second Reserve Support Zone, and has granted its concurrence.

i. Excavations less than 3m in depth are not required to be assessed. Excavations 3m or more in depth are required to be assessed for their impact

N/A

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on the underground infrastructure, including impacts during construction.

ii. Shallow footings with relatively light loadings (allowable bearing pressure of less than 150kPa on small pad or strip footings) are not required to be assessed. Other shallow footings and deep foundations are required to be assessed.

f) Underground parking is not permitted to encroach into the front setback areas unless it can be demonstrated that the basement is designed to support significant mature trees and deep root planting.

Complies

The site’s basement parking does not encroach into the site’s primary front setback.

Basement carparking does however encroach into the site’s Coolinga Street setback, and to a lesser degree, Giffnock Avenue toward the site boundary which adjoins the Hyundai building.

This does not strictly represent a non-compliance, but has the potential limit the opportunities to support mature trees and deep root planting.

Despite this, the extent of the basement parking in these locations and the building envelopes are consistent with that approved under the Concept Plan. The revised landscape plans demonstrate that the soil depth in the eastern setback to the Hyundai site is sufficient for tree planting, and will accommodate a mixture of small, medium, and large trees.

g) Awnings, canopies, balconies, sun shading and screening elements can project forward of the street setback line.

Complies

Awning are provided as permitted by this control.

h) 60% of the street setback area is to be soft landscaping. Existing mature trees are to be retained where possible. Paved areas are to relate to the materials and finishes of the adjacent streetscape. At grade car parking must not be located within this setback.

Does not comply – Justified

The design of building setbacks provided to Giffnock Ave and Coolinga St has negated the possibility of providing soft landscaping to at least 60% of the setback as required.

Despite this, landscaping opportunities have been pursued with street trees and a grassed terrace area incorporated into the Coolinga Street frontage. Further, the building envelopes are consistent with that approved under the CPA.

Paving finishes are in keeping with the remainder of the site. No at grade parking is proposed.

7.5 Awnings and Canopies

a) Awnings must be provided where Primary Active Frontages are shown in Figure 7.3.2 Active Frontage and Setback Control Drawing. Entry canopies and discontinuous awnings are encouraged elsewhere

Complies

The proposed buildings are setback at ground level to create colonnades along each of the street frontages, as well as internal spaces. Laneways will feature retractable awnings, mounted to facades with breaks between

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in the Corridor. shopfronts to limit lengthy uninterrupted facades. Entry canopies are finished with alternative materials to create a point of difference along frontages.

b) Awning width is to be 3 m. Complies

Awning widths range from 3m to 3.6m.

c) Provide awnings with a soffit height of 3.6m above the finished ground floor level. On sloping sites, awning soffit height may vary from 3.6 m - 4.2 m.

Does not comply – justified

Awning soffit heights are below that which is required. However, laneways activated with outdoor dining will benefit from a reduced awning height that appropriately responds to the intended use and human scale of these spaces. As such, the proposed awning soffit height of 3m is deemed suitable.

d) Awning heights are to be coordinated with adjoining properties.

Complies

Awnings are not proposed for locations in close proximity to adjoining properties.

e) Where the topography slopes along the street, awnings are to step to provide a regular height over the footpath. Steps in awnings should not exceed 600 mm.

N/A

The site’s fall toward Coolinga Street is accommodated by colonnades, not awnings.

f) Stepped awnings must be detailed to provide continuous weather protection.

N/A

As above, colonnades, not awnings, provide continuous weather protection on both flat and sloped frontages.

g) Glazing is not permitted in continuous awnings.

N/A

Glazing is not proposed in awning designs.

h) Under awning lighting is to be provided to achieve appropriate luminance levels for pedestrians (Refer to relevant Australian Standards). This should be recessed into the soffit of the awning.

Neither the provision nor location of under awning lighting is stipulated in landscape plans – this is able to be addressed by condition.

Entry Canopies

i) Entry canopies and discontinuous awnings may be provided to building entries not located along Active Frontages.

Complies

Canopies and colonnades along the Coolinga Street frontage are in keeping with those along Primary Active Frontages.

j) Entry canopies may be glazed or solid, and are to be coordinated with a soffit height of 3.6 m minimum.

Some retractable awnings are provided under 3.6m in height; however, the provision of smaller, lightweight retractable awnings is not inconsistent with the objectives of this control.

7.6 Rear and Side Setbacks

a) Buildings are to be set back 10m from the rear boundary and 5m from a side boundary unless a proposed

Does not comply – Justified

The frontages at Coolinga Street and Giffnock Avenue

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new road is shown on the site. breach these requirements. Despite this, the building envelope approved under the concept plan accommodates these setbacks.

b) Buildings are not to be constructed on the locations for proposed new roads. An allowance for a 5m setback from a proposed road should also be made.

Complies

Road widening is accounted for within the proposed design.

c) Awnings, canopies, balconies, sun shading and screening elements may project into the rear setback zones

N/A

No awnings, canopies, balconies, sun shading or screening elements project into the Giffnock Avenue setback zone.

d) Basement car park structures should not encroach into the minimum required rear or side setback zone unless the structure can be designed to support mature trees and deep root planting.

Does not comply – Justified

Basement structures encroach into both the rear and side setbacks leaving negligible deep soil area suitable for deep root planting.

Despite this, planting areas have been provided where building envelopes allow for such planting, noting that the building envelope, including that which applies to the proposal’s basement car parking, is approved under the Concept Plan.

e) Above ground portions of basement car-parking structures are discouraged and deep soil planting is promoted.

N/A

No portions of basement car parking are above ground

f) Natural ground level is to be retained throughout side and rear setbacks, wherever possible. Refer to Section 8.4 Topography and Building Interface for controls.

Complies

Refer to discussion relating to Section 8.4

7.7 Building Separation

a) Provide minimum 20 m separation between buildings facing each other within a site.

Does not comply – Justified

The development proposes separations between buildings A, B and C to a minimum of 10m.

Narrow separations such as the proposed may be subject to heightened environmental conditions. The Pedestrian Wind Environment Study prepared by Windtech indicates the laneways are directly exposed to southerly and north-easterly winds which tend to funnel through these areas.

Despite this, the proposed building separations have been approved under the Concept Plan and are therefore deemed acceptable.

Further, the applicant has provided a number of precedents for successful urban laneways that benefit from the design of a narrower layout and associated character. This particularly applies to those with outdoor seating associated with food and beverage, as proposed.

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The submitted Wind Assessment also provides recommendations for minimising wind impacts to pedestrians and these recommendations are included within the draft conditions.

b) Provide minimum 10 m separation between buildings perpendicular to each other within a site. This reduced building separation control only applies where the width of the facing facades does not exceed 20 m.

Refer to above.

7.8 Building Bulk and Design

a) The floor-plate of buildings above 8 storeys is not to exceed 2,000m², unless it can be demonstrated that slender building forms are achieved through courtyards, atria, articulation or architectural devices.

Complies

Building design has been refined in accordance with comments received from the Urban Design Review Panel.

Further, each building is designed with void spaces, and articulated with atria, winter gardens and balconies to punctuate the façade with glazing. Roof terraces and landscaping are also visible from the public domain.

b) Buildings are to address the street, and are to have a street address.

Complies

All buildings adequately address the street with active frontages and glazed lobby entrances clearly visible from the public domain.

c) Facade design is to

i. Reflect and respond to the orientation of the site using elements such as sun shading and other passive environmental controls where appropriate.

ii. Provide building articulation such as well design roof forms, expressed vertical circulation etc.

iii. Express corner street locations by giving visual prominence to parts of the façade (eg a change in building articulation, material or colour, or roof expression).

iv. Integrate and co-ordinate building services such as roof plant, parking and mechanical ventilation with the overall façade and building design, and be screened from view.

v. Roof forms, building services and screening elements are to occur within the overall height controls. Refer to Ryde LEP 2014 for height controls.

vi. Ventilation louvres and car

Complies

Refer to UDRP comments discussed previously in this report.

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park entry doors are to be coordinated with the overall façade design.

d) The distance of any point on a habited floor from a source of natural daylight should not exceed 12m (such as from the core to an external window).

i. Atria and courtyards are to be used to promote access to natural light, pedestrian links and slender building forms.

ii. Arrange courtyards and atria to respond to street lot & solar orientation.

iii. The preferred height to width ratio of atria is 3:1.

Does not comply – justified

Parts of the development are further than 12m from the nearest source of natural daylight. However, this arrangement is acceptable for the following reasons:

• Each building contains access to natural light from all directions.

• Central areas (i.e. those furthest from natural light sources) are used for amenities and vertical circulation.

• The layout of the buildings is consistent with the CPA.

e) Buildings are to be designed to be flexible – car parking above the ground level is to have a floor to ceiling height of not less than 2.7m.

N/A

Above ground car parking is not proposed.

8.0 Site Planning and Staging

8.1 Site Planning and Staging

a) Sites are to be planned to allow for the future provision of new streets, pedestrian connections and open spaces in accordance with Figure 4.1.1 Access Network and Figure 5.1.1 Proposed Open Space Network. Where it is proposed to vary the locations of open space, and roads; a master plan must be submitted with the development application in accordance with clause 8.1.b (below) and the following:

i. Equal or greater quantum of open space or road area than shown in Figure 4.1.1 Access Network and Figure 5.1.1 Proposed Open Space Network;

ii. A highly visible and publicly accessible location for passive open space bounding Waterloo Road;

iii. The same functional outcomes for open space as specified in Section 5.2;

iv. The same connection points to existing roads as shown in the Figure 4.1.1 Access Network and the ability to enhance connectivity; and

N/A

Figures 4.1.1 and 5.1.1 do not apply to the subject site.

b) All sites 15,000m² or more in area Complies in part

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should lodge a site-specific Master Plan and/or Stage 1 development application for approval. The Master Plan must be supported by a:

i. Transport Management and Access Plan that entails the following measures: - Maximise access by sustainable modes of transport and reduce car dependency (i.e. Public Transport, Cycling and Walking) - Maximise public access (example: Bus Stops, public pick-up and drop-off points, ‘thru’ pedestrian connections and links);

ii. Proposed vehicular access to and from the site; including the provisions parking;

iii. Economic Impact Report which details retail floor space and impacts on local centres with 5 kms, the quantum of employment floor space and likely employment generation;

iv. Proposed floor space and height and general site layout that preserve the natural heritage of the site (as appropriate) and protect the amenity of the local neighbours;

v. Details of any proposed public benefits and proposed incentive bonus;

vi. Arts Plan; and

vii. Social Impact Study.

This application pertains to a Concept Plan with similar intent to that of a Master Plan.

The Concept Plan is supported by:

i. A Transport Assessment Report prepared by Ason Group. The Plan prioritises the uptake of public and active transport and leverages the adjoining Metro Station

ii. Vehicular access from Giffnock Avenue and Coolinga Street, and four (4) levels of basement parking provisions are outlined in Architectural Plans prepared by Bates Smart

iii. No Economic Impact Report has been supplied

iv. Floor space, building height and layout are detailed in Architectural Plans prepared by Bates Smart and appropriately address the future character of Macquarie Park. Amenity of neighbouring sites has been considered in the proposal.

v. Public benefits and incentive bonuses are detailed under the Planning Agreement discussed previously in this report.

vi. A Public Art Strategy prepared by UAP Studio

vii. No Social Impact Study has been supplied; however, this is not necessary given a concept plan has already been approved.

The submission of reports is consistent with the CPA.

8.2 Site Coverage, Deep Soil Areas and private open space

a) A minimum 20% of a site must be provided as deep soil area.

Does not comply – Justified

Site deep soil area has been calculated at 0% given no soft landscaping included as part of the proposal complies with the minimum 20m x 10m dimension and 2m depth requirement.

Flexibility in relation to this control is appropriate given planting areas have been provided where building envelopes allow for such planting, noting that the footprints of the proposed buildings were approved under the Concept Plan.

b) Deep soil areas must be at least 2 m deep.

Refer to above

c) For the purpose of calculating deep soil areas, only areas with a minimum dimension of 20 m x 10 m may be included.

Does not comply – justified

The Central Urban Park comprises an area that meets the required dimensions, however the basement set-down provided beneath the park is only 1600mm at its maximum and as little as 615mm at its minimum.

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Despite this, the proposed buildings and associated basement and public domain areas have been designed in accordance with those approved under the CPA. This provides for a series of landscaped, permeable and deep soil areas across the site. In conjunction with the open space proposed throughout the site, and this is deemed adequate despite the non-compliance.

d) A minimum 20% of the site area is to be provided as Landscaped Area. Landscaped Area is defined as: Area on the site not occupied by any buildings, except for swimming pools or open air recreation facilities, which is landscaped by way of gardens, lawns, shrubs or trees and is available for use and enjoyment by the occupants of the building, excluding areas used for driveways, parking areas or drying yards.

Complies

The proposal includes a landscaped area of approximately 30% (4989.23m2) and meets the minimum 20% requirement. The UDRP has also indicated their support for the general approach and resolution of the landscape and public domain design.

This landscape provision is inclusive of outdoor recreation areas within the Waterloo Road setback in addition to the Central Urban Park and its associated western access to Coolinga Street.

The park features a large turfed area with central and perimeter tree plantings. The park is accessed via Coolinga Street through a turfed terrace and tree plantings. While the Station Plaza is paved, it also features street trees, garden beds, planter walls and native grasses.

A thoroughfare connecting the Central Urban Park and Lane Cove Road features a green wall running the length of Building A, as well as raised garden beds and combined seating and planting.

e) Solar access to communal open spaces is to be maximised. Communal courtyards must receive a minimum of 3 hours direct sunlight between 9 am and 3 pm on the 21st of June.

Does not comply – Justified

Less than 50% of new public spaces receive a minimum 3hrs direct sunlight between 9am and 3pm on 21st of June. Most notably; laneways comprising outdoor dining areas between buildings A, B and C, and the Central Urban Park.

Despite this, the proposed communal open spaces have been designed in accordance with those approved under the Concept Plan.

f) Appropriate shading is to be provided so that communal spaces are useable during summer.

Complies

Laneways receive only two hours of full sun on 21st December, further, outdoor dining areas feature awnings that comply with clause 7.5 of the RDCP. The Central Urban Park comprises tree planting at the centre and perimeter. The adjoining grassed terrace leading to Coolinga Street also features tree plantings to provide shade.

g) Communal open spaces are to incorporate the primary deep soil area where possible.

Refer above

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h) Landscaping is to contribute to water efficiency and effective stormwater management. Landowners are to consult with Council for requirements to address stormwater quality

The landscaping and stormwater design is acceptable.

8.3 Planting on Structures

a) Provide optimum conditions for plant growth by providing appropriate irrigation and drainage methods.

b) Design planters to provide the largest possible volume of soil, in accordance with the following recommended standards.

Landscape Plans have been submitted with the application. The plans detail the planting proposed on the site. Council’s Consultant Landscape Architect has reviewed the Landscape Plan and is satisfied with the dimensions of the planter boxes and deep soil zones.

8.4 Topography and Building Interface

d) Level changes across sites are to be resolved within the building footprint.

i. Where buildings are built to the street boundary (i.e. zero setbacks, refer to Section 7.4 Setbacks and Build-to Lines), a level transition must be provided between the building and the adjacent footpath. This level must be maintained for a minimum depth of 10 m into the building.

ii. Where buildings are set back from the street boundary, entries are to be provided at street level wherever possible.

e) An accessible path of travel is to be provided from the street through the main entry door of all buildings.

i. Where necessary, stairs and ramps are to be integrated with the landscape design of front setbacks.

Complies

The proposal responds to the topography by providing transition spaces and entries at street level. There are pedestrian areas located across the ground floor level, as well as at the B1 level, facing Coolinga Street, being the lowest street frontage.

The Access Review prepared by Morris Goding Access Consulting confirms that the site is capable of achieving compliance with relevant access standards.

f) Natural ground level is to be retained for a zone of 4 m from the side and rear property boundaries. Retaining walls, cut and fill are not permitted within this zone.

g) The maximum height of retaining walls within the front, side and rear setbacks is not to exceed 1.2 m.

Does not comply – justified

Natural ground levels have not been retained within 4m of the side/rear setbacks adjoining the Hyundai site. A high level of excavation has been proposed and associated retaining walls up to 2.9m in height have been included within this zone – refer to Figure 34

below.

There is an existing retaining wall at the boundary shared with the 394 Lane Cove Road. Ground levels are retained where practicable in relation to building footprints approved under the Concept Plan.

Otherwise, aside from those discussed above, level changes within the setback areas these are generally accounted for through stairs, and gradual variations in footpath levels. Retaining walls are not required in these

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locations.

Figure 34 - Extract from architectural plans indicating the retaining wall proposed to adjoin the

Hyundai site.

h) Publicly accessible open spaces under private ownership (courtyards, forecourts) must be provided at footpath level. Where level changes cannot be avoided due to topography, the finished level of the open space must not exceed 1.2 m above footpath level.

Complies

See above

8.5 Site Facilities

a) Vehicular access to loading facilities is to be provided from secondary and tertiary streets where possible.

b) Rubbish and recycling areas must be provided in accordance with Section 6.3 Waste Management. These areas must:

(i) be integrated with the development;

ii. minimise the visibility of these facilities from the street; and

iii. be located away from openable windows to habitable rooms.

c) Barrier free access is to be provided to all shared facilities.

Complies

Vehicular access points are from Coolinga Street and Giffnock Avenue and waste areas are located appropriately throughout the development, including collection areas located within the loading dock.

8.6 Vehicular Access

a) Vehicular access is not permitted along streets identified as ‘Active Frontages’ (refer to Section 7.3 Active Frontages).

Complies

No vehicular access to required active frontage at Waterloo Road.

b) Where practicable, vehicle access is to be from secondary streets.

Complies

Vehicular access points are from Coolinga Street and Giffnock Avenue.

c) Potential pedestrian/vehicle conflict is to be minimised by:

i. limiting the width and number of vehicle access points

Complies

Two vehicular access points is appropriate for a development of this size.

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ii. ensuring clear site lines at pedestrian and vehicle crossings

iii. utilising traffic calming devices

iv. separating and clearly distinguishing between pedestrian and vehicular accessways

d) The appearance of car parking and service vehicle entries is to be improved by

i. locating or screening garbage collection, loading and servicing areas visually away from the street

ii. setting back or recessing car park entries from the main façade line

iii. avoiding black holes in the façade by providing security doors to car park entries

iv. where doors are not provided, it is to be ensured that the visible interior of the car park is incorporated into the façade design and material selection and that building services pipes and ducts are concealed, and

v. returning the façade material into the car park entry recess for the extent visible from the street as a minimum.

Complies

e) The width of driveways is to be determined in accordance with the requirements of Ryde DCP 2014 and the relevant Australian Standards.

Complies

8.7 Onsite Parking

Basement parking

f) Basement parking areas should be located directly under building footprints to maximize opportunities for deep soil areas unless the structure can be designed to support mature plants and deep root plants.

Complies

Arrangement is consistent with CPA.

g) Basement parking areas must not extend forward of the building line along a street.

Complies

Whilst some basement areas are located forward of the building line, they are located underneath pedestrian walkways and are not visible from the public domain.

h) Along active frontages, basement parking must be located fully below the level of the footpath. Refer to

Complies

As above.

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Section 7.3 Active Frontages.

i) Basement parking should be contained wholly beneath ground level along public streets.

Complies

As above.

j) Where this cannot be achieved due to topography, the parking level must protrude no more than 1.2 m above ground level for no more than 60% of the building frontage along a public street (Refer to Figures 8.7.1 and 8.7.2).

N/A

k) Ventilation grills or screening devices of car park openings are to be integrated into the overall façade and landscape design of the development.

Complies

There are no openings aside from the entry points.

8.8 Fencing

a) Fencing is not permitted on the perimeter boundary of sites. Security should be provided within buildings.

Complies

No fencing proposed.

9.0 Environmental Performance

9.1 Wind Impact

a) Buildings shall not create uncomfortable or unsafe wind conditions in the public domain which exceeds the Acceptable Criteria for Environmental Wind Conditions. Carefully locate or design outdoor areas to ensure places with high wind level are avoided.

b) All applications for buildings over 5 storeys in height shall be accompanied with a wind environment statement. For buildings over 9 storeys and for any other building which may be considered an exposed building shall be accompanied by a wind tunnel study report. Refer to Council for documentation and report requirements.

c) Calculation rules – acceptable criteria for environmental wind conditions.

Complies

A Pedestrian Wind Environment Study, prepared by Windtech (dated 16 July 2018), has been submitted with the application. This report concludes that subject to a number of proposed treatments, adverse wind conditions would be capable of being mitigated. A condition has been included to ensure the recommended treatments are provided, with the exception of the trees located adjacent to 394 Lane Cove Road, as this area is required to be free of plantings to enable emergency vehicle access.

9.2 Noise and Vibration

a) An Acoustic Impact Assessment report prepared by a suitably qualified acoustic consultant is required to be submitted with all development applications for

Complies

An Environmental Noise Impact Assessment Report prepared by Acoustic Logic – (Report No.20171110.1, dated: 19.1.2018 and 12.04.2019) has been submitted

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commercial, industrial, retail and community buildings, with the exception of applications minor building alterations.

b) Development is to comply with all relevant statutory regulations.

as part of this application.

The report assessed noise intrusion from traffic movement, train vibration and back ground noise monitoring to determine noise emission goals for future use of the development to meet Council and NSW EPA Industrial Noise Policy (INP) acoustic requirements.

The report concluded that provided the recommended acoustic treatments are followed and complied with, the internal noise levels will satisfy the project acoustic objectives.

c) Where light industrial and commercial development adjoins residential development, the use of mechanical plant equipment and building services will be restricted and must have appropriate acoustic insulation.

d) Loading and unloading facilities must not be located immediately adjacent to residential development.

Complies

The site is not located adjacent to any residential properties.

e) Retail premises must limit any spruiking and the playing of amplified music or messages so as not to disturb the amenity of other public and private places.

Capable of complying

f) Air conditioning ducts shall not be situated immediately adjacent to residential development.

Complies

The site is not located adjacent to any residential properties.

9.4 Soil Management

a) Development is to comply with the City of Ryde DCP 2014.

b) Development is to be designed and constructed to integrate with the natural topography of the site to minimise the need for excessive sediment disturbance and prevent soil loss.

c) Effective site management and maintenance practices are to be followed to prevent soil loss.

d) Ensure that suspended Solid concentrations in stormwater leaving the site do not exceed more than 50 mg/litre.

e) An Erosion and Sediment Control Plan (ESCP), prepared by a suitably qualified environmental engineer, is required to be submitted in support of all development proposals requiring development consent under the Ryde Local Environmental Plan, (other than for minor building modifications) including: Demolition;

Complies

Subject to conditions (see Conditions 1, 60 and 110).

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Excavation; Trenching and Building.

f) The ESCP must make reference to the entire construction and post construction period, and all devices must be installed prior to commencement of any demolition or construction works on-site.

Table 3. Assessment of Part 4.5 of Ryde DCP 2014.

Part 7.2 Waste Minimisation and Management

The application includes an Operation Waste Management Plan dated 11 September

2018 as prepared by Arcadis, and a Construction Waste Management Plan dated 12

September 2018, also prepared by Arcadis, each containing completed City of Ryde

Site Waste Minimisation and Management Plans.

The application and Waste Management Plan were referred to Council’s City Works

(Waste) who did not raise any objection to the proposal. Compliance with the Plan is

required under Condition 1.

Part 9.2 Access for People with Disabilities

The application includes an Access Review Report dated 16 October 2018 as

prepared by Morris-Goding Accessibility Consulting. The Report concludes that the

development demonstrates an appropriate degree of accessibility and that compliance

with AS1428.1, AS2890.6, the DDA Premises Standard and parts of Ryde DCP,

pertaining to site access, common area access, accessible parking and accessible

sanitary facilities, can be readily achieved.

Compliance with the recommendations of the Report is required under Condition 1 as

well as compliance with the Building Code of Australia (see Condition 2) and the

relevant Australian Standards (see Condition 44).

Part 9.3 Parking Controls

The proposal includes the following parking provision, consistent with that approved

under the Concept Plan:

834 car spaces (calculated at a maximum 1 space/100m2):

o Including 57 retail spaces and 26 accessible spaces.

469 bicycle parking spaces with end of trip facilities.

89 public bicycle parking spaces at the ground plane.

The availability of this parking within the basement will be staged to reflect the amount

of commercial floor space delivered with each stage. Condition 159 addresses car

parking allocation and staging.

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10. SECTION 7.11 CONTRIBUTIONS

Section 7.11 Development Contributions Plan 2007 (Interim Update (2014))

Council's current Section 94 Development Contributions Plan 2007 (Interim Update

(2014) effective 10 December 2014 requires a contribution for the provision of various

additional services required as a result of increased development density.

Accordingly the contribution is based on the additional floor space there is in the

development proposal. The contribution that are payable with respect to the increased

density on the subject site (being for commercial development inside the Macquarie

Park Area) are as follows:

A Contribution Type B Contribution Amount

Community & Cultural Facilities $3,400,024.32

Open Space & Recreation Facilities -

Civic & Urban Improvements $3,331,634.02

Roads & Traffic Management facilities $3,628,175.36

Cycleways $461,196.14

Stormwater Management Facilities $422,675.76

Plan Administration $123,959.22

Total Contribution $11,367,664.82

A condition on the payment of Section 7.11 Contribution of $11,309,796.04 has been

included in the draft notice of determination attached to this report. (See Condition

41).

11. LIKELY IMPACTS OF THE DEVELOPMENT

Most of the impacts associated with the proposed development have already been

addressed in the report. The additional impacts associated with the development or

those requiring further consideration are discussed below.

11.1. Context and setting

The proposed development is considered appropriate with regard to context and

setting. The subject site is located within the Macquarie Park Investigation Area which

is looking at “identifying opportunities to enhance the area’s existing role as a major

commercial centre and innovation district. This will also include investigating

opportunities for securing the commercial future of Macquarie Park” (NSW

Department of Planning, Industry and Environment website, 2018).

The proposed concept DA is in keeping with this intent of the investigation, as it will

provide additional commercial floor space within the central business area of

Macquarie Park. Council’s UDRP support the proposal and concept DA in its current

form, identifying that is a suitable development for the area.

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11.2. Built Form

The proposed development will not have any significant adverse impacts on the

existing built environment or the amenity of the surrounding area.

The development is generally consistent with Council’s controls with respect to the

height and scale envisaged for future redevelopment of the area and the CPA. The

proposed built form and character of the development will contribute to an attractive

public domain.

11.3. Natural Environment

The proposed modification does not result in any undue impacts to the natural

environment, given the existing/previous use of the site. The proposed development

does not include any removal of trees or vegetation on the site as tree removal, and

remediation works were granted consent on 4 December 2018 under the site

preparation Development Application.

The proposal is to be constructed to a 5-star Greenstar office design rating to reduce

the impact of the development on the environment and in this sense the proposal will

make a positive contribution to the natural environment (see Condition 51).

11.4. Access and Traffic

The application was accompanied by a Traffic and Parking Report prepared by Ason

Group. The parking allocation was not changed within the recent modification to the

CPA. The proposed development is expected to generate in the order of:

384 veh/hr during the AM peak

485 veh/hr during the PM peak

This represents a small decrease (approximately 15%) in traffic generation from the

CPA. The applicant has concluded that there will be no impact from the subject

development on the surrounding road network. Council’s Traffic Engineer has also

concluded that the development will not result in any unacceptable traffic implications

to the road network.

The development application was required to be referred to RMS in accordance with

the requirements of State Environmental Planning Policy (Infrastructure) 2007. The

original response dated from RMS dated 10 April 2019 requested Council to impose a

condition requiring a contribution towards road upgrade works as part of the

Macquarie Park Bus Priority and Improvement Program (BPIP) project due to the

impact from the subject development. This condition was as follows:

For Lane Cove Road & Waterloo Road = 4.5% of the total cost of the road upgrade

works

For Waterloo Road &Khartoum Road = 6% of the total cost of the road upgrade

works

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For Waterloo Road & Byfield Road = 6% of the total cost of the road upgrade

works.

The applicant on 24 June 2019 provided the following response in respect of the

condition:

“The imposition of this contribution on the proposed development is not fair and

reasonable and, therefore, is invalid as there is no nexus between the proposed

development and the road upgrades. Consequently there is no legal mechanism

under the EP&A Act to impose such a contribution. No change has been made to the

GFA and parking caps established by the original CPA that was determined in 2012.

There is, therefore no proposed increase in capacity of the site from what was

approved 5 years previously. The traffic generation analyses completed in 2012 and

2019 further confirmed that no additional roadworks would be required tro

accommodate the proposed development, and as such there is no impact from the

proposed development.”

This response was sent to RMS. On 5 September 2019, RMS advised that they had

considered the proponent’s response on the monetary contribution and provided the

following amended condition for Council to include on any consent issued for the

development:

1. The proposed development should contribute the following monetary contribution

towards the required road upgrade works to accommodate the development:

(a) For Lane Cove Road & Waterloo Road = $900,000

(b) For Waterloo Road & Khartoum Road = $660,000

(c) For Waterloo Road & Byfield Road = $660,000.

2. Roads and Maritime requests that the proponent enters into a Transport

Infrastructure Contribution Deed for the above contribution. The Deed should be

executed prior to the issue of the Construction Certificate for the development.

These have been imposed as conditions. (See Condition 33).

11.5. Solar Access

Solar access is an important consideration regarding the provision of new open space.

The proposal results in less than 50% of new public spaces receiving the minimum

required sunlight hours. Most notably, outdoor dining areas between buildings A, B &

C and the central urban park. In this regard, the proposal does not comply with Part

4.5, Section 5.2 (g) and Section 8.2 (e) of Ryde DCP 2014. The landscape impacts

resulting from these non-compliances however, are largely due to the building and

basement envelopes being consistent with those approved under the CPA (as

modified), and this level of overshadowing is therefore deemed to be suitable.

11.6. Construction Impacts

Construction impacts are controlled by Part 8.1 of the Ryde DCP 2014. Council’s

standard conditions of consent have been imposed to control the impact of the

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construction activities. Similar to any major redevelopment work, some level of

inconvenience/impact may result once the construction commences. Conditions are

recommended to require compliance with the submitted Construction Traffic

Management Plan (see Conditions 1, 53, and 112).

Construction Hours As part of the application, the applicant has requested that the construction hours be approved as follows:

7am to 7pm Monday to Friday.

7am to 7pm Saturday.

No work on a Sunday or public holiday. In addition to the above, the applicant has also requested that consent be granted for 24 hours construction for internal works. Section 4.6 of Part 8.1 states the following controls in relation to construction hours: a) All demolition and/or construction and associated work is to be restricted to

between the hours of 7 am and 7 pm Mondays to Fridays and between 8 am and 4 pm on Saturday. No work is to be carried out on Sunday or public holidays.

b) Council may vary these conditions if the applicant provides a formal submission demonstrating that due to the nature of the work being undertaken, or the location of the site, residents in the vicinity of the construction site will not be adversely affected.

Excluding the internal work, the applicant has requested that construction extend until 7pm on Saturdays which would allow for a further 3 hours of construction beyond what Council’s standard construction hours permit. The relevant guideline for managing construction noise is the Interim Construction Noise Guideline (DECC, 2009). According to the Guideline construction work should only be allowed outside standard hours in the following circumstances:

the delivery of oversized plant or structures that police or other authorities determine require special arrangements to transport along public roads;

emergency work to avoid the loss of life or damage to property, or to prevent environmental harm;

maintenance and repair of public infrastructure where disruption to essential services and/or considerations of worker safety do not allow work within standard hours;

public infrastructure works that shorten the length of the project and are supported by the affected community; and

works where a proponent demonstrates and justifies a need to operate outside the recommended standard hours.

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The Guideline further states that in the last two categories, the proponent should provide the relevant authority with clear justification for reasons other than convenience, such as to sustain operational integrity of road, rail and utility networks. The Guideline also requires the proponent to apply all feasible and reasonable work practices to minimise noise and sets a management level (LAeq) for noise outside standard hours of background level (LA90) + 5dB(A) at the property boundary of the most noise affected residence. The applicant states that the proposed works will be completed primarily during Council’s standard construction hours. However, it is proposed to finish later in the afternoon, to enable the loading and arrival/departure of trucks on the site outside of AM and PM peak hours. It is noted that the neighbouring properties are all commercial in nature and that any noise generated by the proposed extended period of 4pm to 7pm on Saturday would not affect the acoustic amenity of those receivers as they are not typically in operation. Consideration has been given to the applicant’s request to permit the 24 hour construction for internal works. As long as the works cannot be heard from and adjoining property, no objection is raised to internal works being completed beyond the standard hours. To address the issue of construction hours it is recommended that the following conditions be imposed:

Hours of work. Building activities (including demolition) may only be carried out between 7.00am and 7.00pm Monday to Saturday (other than public holidays).No building activities are to be carried out at any time on a Sunday or a public holiday.

Works outside standard hours of construction. Internal work may be undertaken outside of the approved hours of work outlined in the above condition only after the completion of the external shell and the sealing of the entire floor during the hours between 7.00pm and 7.00am, Mondays to Saturdays subject to:

i. No works are to be undertaken externally; ii. No material delivery or removal of waste must take place during the

extended hours; iii. Approval is not given for the use of any high noise intrusive plant and

equipment other than hand operated power tools; and iv. The works should not be heard at the boundary of any adjoin property.

See Conditions 6 and 7.

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11.7. Crime Prevention through Environmental Design

A crime Prevention Through Environmental Design Report has been prepared in accordance with the CPTED requirements of the Act. This report has identified a number of recommendations which are to be incorporated into the detailed design of the proposed building. These recommendations are in respect to lighting, territorial reinforcement, environmental maintenance, activity and space management and access control. A condition of consent will be imposed to require the development to incorporate all of the recommendations of the report into the design of the development.

See Condition 1.

11.8. Public Domain

Council has a Public Domain Technical Manual that applies to Macquarie Park

Corridor. This document specifies the landscaping, paving and street furniture

required to be provided as part of an upgrade of the existing public domain.

Conditions are recommended to ensure that the public domain is upgraded as part of

this development consent (see Conditions 62 and 137).

12. REFERRALS

The following section outlines the response and conditions recommended from each

of the internal and external referrals in relation to the subject application:

12.1. Internal Referral Comments

Consultant Landscape Architect

Various non-compliances with the Ryde DCP 2014 were identified with regard to the

development’s proposed landscaping elements. These include a lack of adequate

solar access to new public spaces and insufficient deep soil and soft landscaping

provisions across the site. Issues with general amenity, planting and species

selection, ground level retention, and the proposed area and dimensions of the

‘Macquarie Park Station Plaza: West’ were also noted. These non-compliances are

largely due to the proposed building and basement envelopes being consistent with

those approved under the Concept Plan (as modified), and have been addressed in

detail under the Ryde DCP 2014 compliance table within this report.

Notwithstanding, Landscape Plans have been submitted with the application. The

plans detail the planting proposed on the site. Council’s Consultant Landscape

Architect has reviewed the Landscape Plan and is satisfied with the dimensions of the

planter boxes and deep soil zones.

See Conditions 75 to 79, 104, 105, 122, 157 and 162.

City Works (Traffic)

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The assessment of Council’s Traffic Engineer concluded that the anticipated traffic

and parking impacts were generally consistent with the CPA. The assessment also

considered service vehicle access and manoeuvring, with no objections raised subject

to conditions.

See Conditions 52 to 54, 88, 112, 132 to 134 and 163.

City Works (Public Domain)

Comments were provided which generally require that the final public domain plans be

endorsed by Council (as the roads authority) prior to the issue of a construction

certificate. Conditions were recommended.

See Conditions 13, 16, 17, 61 to 70, 89 to 95, 114, 137 to 148.

City Works (Drainage)

No issues with the proposal, subject to conditions.

See Conditions 12, 69, 70, 95, 96, 115, 116 and 148 to 155.

Environmental Health

Council’s Environmental Health Officer considered the submitted Noise Assessment

Report and Operation Waste Management Plan and raised no objections to the

proposal subject to conditions.

See Conditions 19 to 27, 71 to 73, 107, 117 to 121, 156, 164 to 175.

Note: Contamination was considered as part of the excavation DA, and therefore no

further assessment was undertaken by Council for the subject application.

Development Engineering

Issues were initially raised in relation to the timing of the delivery of stormwater

infrastructure and service vehicles at the site. However, information was received to

confirm that the detention system would be constructed during Stage 1, and that

alternative arrangements be made available for service vehicles whilst the later stages

remain under construction. Conditions are provided to reinforce the staging of

construction at the site.

Issues were also raised in relation to the parking allocation, which was not changed in

the recent modification to the CPA, despite the increase to retail floor area. The result

is that the development presents a significant non-compliance with respect to the

minimum retail parking levels in that only 58 parking spaces are proposed when Ryde

DCP 2014 requires parking at a rate of 1 space per 25m2, with a total of 229 spaces

required.

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However, as these changes were not incorporated into the CPA, there is no scope for

requiring compliance as part of this application. Council’s engineer notes the impact of

the shortfall is likely to be low as parking in the surrounding area is subject to high

demand throughout weekdays and, as this pool is considerably saturated, the

resulting impact to parking availability is likely to be low.

Finally, it was noted that there appear to be errors on the plans concerning the parking

capacity on each level, with a count of parking revealing the actual proposed number

of spaces being less than noted, as tabled:

Basement Level Noted Parking Counted

1 107 (incl. 24 couriers, 24 disabled spaces) 107

2 259 (incl. 2 disabled spaces) 257

3 280 276

4 220 215

Total 842 (excl. courier) 831 (excl. courier)

A condition is therefore recommended reinforcing the concept approval condition

relating to parking allocation (condition B1 of the CPA). This condition stipulates a

minimum retail level, a maximum commercial level and the remainder to be allocated

as courier spaces. The condition is also broken into the proposed stages of

construction.

See Conditions 13, 14, 15, 16, 52, 55 to 61, 85, 88, 106, 108 to 111, 126 to 131 and

159 to 161.

VPA Officer

As indicated earlier, the VPA offer letter was amended on 11 September 2011 and is

currently under the assessment of Council. This is able to be addressed after

development consent is issued.

Urban Strategy (Public Art)

Application supported, subject to conditions (see Condition 80).

12.2. External Agency Referrals

Sydney Metro

Transport for NSW (TfNSW) has delegated its rail authority functions in relation to the

Sydney Metro Northwest rail corridor to Sydney Metro, and Sydney Metro is therefore

the relevant rail authority for the Sydney Metro Northwest rail corridor for the purpose

of the ISEPP. Sydney Metro raised no objections to the proposal, subject to

conditions.

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Sydney Metro has also assessed works approved at the subject site under LDA

2018/0229, including excavation within the ECRL Second Reserve Support Zone, and

has granted its concurrence.

See Conditions 31, 32, 81, 82 and 158.

NSW Roads and Maritime Service

The RMS are generally supportive of the application, subject to specific requirements

and conditions. This included matters that related to the wider precinct as well as the

following matters that were specific to this site:

That any new building or structure (including signage) integral to the future use of

the site are erected clear of the land required for road within the land dedications

shown within the image below:

Figure 23 Aerial images indicating land to be dedicated as public road shown in yellow, land

previously resumed and dedicated as road shown in grey, and the subject property affected by

a road proposal for the Macquarie Park Bus Priority project shown by pink.

That contributions be paid towards road upgrade works as part of the Macquarie

Park Bus Priority & Improvement Program (BPIP) project due to the impact from

the subject development.

In relation to the first matter, the proposal has been designed to account for the

proposed road widening, and the design is supported by the RMS, subject to

conditions.

In relation to the second matter, in a letter dated 10 April 2019, the RMS had initially

required the following contributions to be paid:

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For Lane Cove Road & Waterloo Road = 4.5% of the total cost of the road upgrade

works.

For Waterloo Road & Khartoum Road = 6% of the total cost of the road upgrade

works.

For Waterloo Road & Byfield Road = 6% of the total cost of the road upgrade

works.

This letter had also indicated that, once a detailed cost estimate became available, the

RMS would inform Council of the timing and amount for the contribution based on the

above percentage.

The applicant’s response to the RMS contribution was issued on 24 June 2019, and

the applicant indicated that

“The imposition of this contribution on the proposed development is not fair and

reasonable and, therefore, is invalid as there is no nexus between the

proposed development and the road upgrades. Consequently there is no legal

mechanism under the EP&A Act to impose such a contribution. No change has

been made to the GFA and parking caps established by the original CPA that

was determined in 2012. There is, therefore, no proposed increase in capacity

of the site from what was approved 5 years previously. The traffic generation

analyses completed in 2012 and 2019 further confirmed that no additional

roadworks would be required to accommodate the proposed development, and

as such there is no “impact from the subject development”.

The RMS’ response to the applicant’s comments were issued in a letter dated 5

September 2019. This response did not specifically address these points, but

reinforced the conditions, including the provision of the following specific amounts:

For Lane Cove Road & Waterloo Road = $900,000.

For Waterloo Road & Khartoum Road = $660,000.

For Waterloo Road & Byfield Road = $660,000.

This amounts to a total of $2,220,000. The applicant continues to oppose this

contribution; however, these conditions are included within the draft conditions of

consent as recommended by the RMS.

See Conditions 33 to 39.

NSW Police

No issues with the proposal were raised and support was provided. Police would like

to make comment on any future DA's for café/restaurant tenancies, specifically those

proposing a liquor licence, and this can be accommodated by Council in the future.

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12. PUBLIC NOTIFICATION & SUBMISSIONS

The application was notified and advertised for a period of 21 days ending on 27

February 2019.

During the notification period, no submissions were received to the proposal. None of

the amendments to the plans during the assessment period necessitated the re-

notification of the application.

13. CONCLUSION

After consideration of the development against section 4.15 of the Environmental

Planning and Assessment Act 1979 and the relevant statutory and policy provisions,

the proposal is considered suitable for the site and is in the public interest.

The proposal provides an opportunity to redevelop the site for commercial uses in a

coordinated and staged manner. The concept DA is considered responsive to the

strategic intentions of the Macquarie Park and Council’s Ryde LEP 2014 and

associated planning controls that have been adopted for the locality.

It is therefore recommended that the application be approved subject to conditions.

14. RECOMMENDATION

Pursuant to Section 4.16 of the Environmental Planning and Assessment Act, 1979

the following is recommended:

That the Sydney North Planning Panel grant consent to development application

LDA2017/96 for four (4) commercial/retail buildings and associated works

including a 17 storey gateway building and three 9 storey buildings with a gross

floor area of 83,368m2 comprising a mix of offices and retail tenancies at 2

Coolinga Street (aka 36-40 Waterloo Rd aka 396 Lane Cove Rd), Macquarie

Park subject to the conditions of consent in Attachment 1 of this report.

That a copy of the development consent be forwarded to Sydney Metro and

NSW Roads and Maritime Service.

Report prepared by:

Brendon Clendenning Consultant Town Planner

Report approved by:

Sandra Bailey Manager Development Assessment

Liz Coad Director City Strategy and Planning